November 22, 2019
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       CS for CS for SB 1238                            First Engrossed
       
       
       
       
       
       
       
       
       20101238e1
       
    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, and 287.0834, F.S.; conforming
   69         provisions to changes made by the act; amending s.
   70         287.084, F.S.; providing a preference in a competitive
   71         solicitation to vendors within this state under
   72         certain circumstances; amending ss. 287.0943,
   73         287.09451, 287.131, 287.133, 287.134, 287.15, 287.151,
   74         287.155, 287.16, 287.161, 287.17, 287.18, 287.19,
   75         288.021, 288.109, 288.1092, 288.1093, 288.1185,
   76         288.15, 288.17, 288.18, 288.703, 288.706, 288.708,
   77         288.7091, 288.712, 288.901, 295.187, 318.18, 318.21,
   78         320.0802, 320.08056, 321.04, 328.72, 337.02, 337.023,
   79         337.165, 338.2216, 338.227, 350.0614, 350.125,
   80         364.0135, 364.515, 364.516, 365.171, 365.172, 365.173,
   81         373.4596, 373.461, 376.10, 377.703, 381.98, 394.9151,
   82         395.1031, 400.121, 401.013, 401.015, 401.018, 401.021,
   83         401.024, 401.027, 401.245, 402.35, 402.50, 403.061,
   84         403.42, 403.518, 403.5365, 403.7065, 403.714,
   85         403.7145, 403.71852, 406.075, 408.039, 408.910,
   86         413.036, 413.051, 414.37, 429.14, 440.2715, 440.45,
   87         445.009, 447.205, 455.32, 471.038, 489.145, 553.995,
   88         570.07, 627.096, 633.382, 650.02, 760.04, 766.302,
   89         768.1326, 943.03, 943.0311, 943.13, 943.61, 943.66,
   90         943.681, 944.02, 944.10, 944.115, 944.713, 944.72,
   91         944.8041, 945.215, 946.504, 946.515, 946.525, 957.04,
   92         957.06, 957.07, 957.08, 957.14, 957.15, 957.16,
   93         1001.27, 1001.42, 1001.705, 1001.706, 1001.74,
   94         1002.36, 1002.37, 1004.58, 1012.33, 1012.34, 1012.61,
   95         1012.796, 1012.865, 1012.875, 1013.03, 1013.23, s.
   96         1013.30, and 1013.38, F.S.; conforming provision to
   97         changes made by the act; requiring that the Department
   98         of Environmental Protection coordinate the collection
   99         of certain information during the 2010-2011 fiscal
  100         year; requiring that state agencies submit such
  101         information on or before a specified deadline;
  102         requiring that the department submit a plan to
  103         centralize all real estate leasing and facilities
  104         operations and maintenance to the Executive Office of
  105         the Governor and Legislature on or before a specified
  106         date; requiring that such information be included in
  107         each agency’s legislative budget request for the 2011
  108         2012 fiscal year as a transfer to the Department of
  109         Asset Management; creating s. 20.51, F.S.;
  110         establishing the Department of Asset Management;
  111         transferring certain divisions and programs in the
  112         Department of Environmental Protection to the
  113         Department of Asset Management; providing effective
  114         dates.
  115  
  116         WHEREAS, the Florida Government Accountability Act, ss.
  117  11.901-11.920, Florida Statutes, requires the Department of
  118  Management Services to undergo a sunset review by July 1, 2010,
  119  in order to determine whether the agency should be retained,
  120  modified, or abolished, and
  121         WHEREAS, in anticipation of that review, the Department of
  122  Management Services produced a report pursuant to s. 11.906,
  123  Florida Statutes, and
  124         WHEREAS, upon receipt of that report, the Joint Legislative
  125  Sunset Committee and the Legislative Sunset Review Committees of
  126  the Senate and the House of Representatives reviewed the report
  127  and directed the Office of Program Policy Analysis and
  128  Government Accountability to conduct a review of the department,
  129  and
  130         WHEREAS, based on the department’s report, the reports
  131  prepared by the Office of Program Policy Analysis and Government
  132  Accountability, and public input, the Legislative Sunset Review
  133  Committees made recommendations on the abolition, continuation,
  134  or reorganization of the Department of Management Services; on
  135  the need for the functions performed by the department; and on
  136  the consolidation, transfer, or reorganization of programs
  137  within the department, NOW, THEREFORE,
  138  
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Type two transfers from the Department of
  142  Management Services.—
  143         (1) All powers, duties, functions, records, offices,
  144  personnel, property, pending issues, and existing contracts,
  145  administrative authority, administrative rules, and unexpended
  146  balances of appropriations, allocations, and other funds
  147  relating to the following programs in the Department of
  148  Management Services are transferred by a type two transfer, as
  149  defined in s. 20.06(2), Florida Statutes, as follows:
  150         (a)The executive aircraft pool established under s.
  151  287.161, Florida Statutes, is transferred to the Executive
  152  Office of the Governor.
  153         (b)The Division of State Purchasing, the Office of
  154  Supplier Diversity, the Fleet Management program, the Federal
  155  Surplus Property Donation Program, and the Bureau of Private
  156  Prison Monitoring are transferred to the Department of Financial
  157  Services.
  158         (c) The Facilities Program is transferred to the Department
  159  of Environmental Protection.
  160         (d)All programs relating to the delivery of
  161  telecommunications services, including, but not limited to,
  162  SUNCOM, are transferred to the Agency for Enterprise Information
  163  Technology.
  164         (e)All programs relating to the delivery of land mobile
  165  radio services, including local public safety radio services,
  166  state public safety radio services, emergency medical services,
  167  and the Florida Interoperability Network, are transferred to the
  168  Department of Law Enforcement.
  169         (2) The following trust funds are transferred:
  170         (a) From the Department of Management Services to the
  171  Department of Environmental Protection:
  172         1. The Architects Incidental Trust Fund, FLAIR number 72-2
  173  033.
  174         2. The Florida Facilities Pool Working Capital Trust Fund,
  175  FLAIR number 72-2-225.
  176         3. The Florida Facilities Pool Clearing Trust Fund, FLAIR
  177  number 72-2-313.
  178         4. The Public Facilities Finance Trust Fund, FLAIR number
  179  72-2-495.
  180         5. The Supervision Trust Fund, FLAIR number 72-2-696.
  181         (b) The Bureau of Aircraft Trust Fund, FLAIR number 72-2
  182  066, is transferred from the Department of Management Services
  183  to the Executive Office of the Governor:
  184         (c) From the Department of Management Services to the
  185  Agency for Enterprise Information Technology:
  186         1. The Communications Working Capital Trust Fund, FLAIR
  187  number 72-2-105.
  188         2. The Working Capital Trust Fund, FLAIR number 72-2-792.
  189         (d) From the Department of Management Services to the
  190  Department of Law Enforcement:
  191         1. The Law Enforcement Radio Trust Fund, FLAIR number 72-2
  192  432.
  193         2. The Emergency Communications Number E911 System Trust
  194  Fund, FLAIR number 72-2-344.
  195         (e) The Surplus Property Revolving Trust Fund, FLAIR number
  196  72-2-699, is transferred From the Department of Management
  197  Services to the Department of Financial Services.
  198         Section 2. Notwithstanding ss. 216.292 and 216.351, Florida
  199  Statutes, upon approval by the Legislative Budget Committee, the
  200  Executive Office of the Governor may transfer funds and
  201  positions between agencies to implement this act.
  202         Section 3. The Legislature recognizes that there is a need
  203  to conform the Florida Statutes to the policy decisions
  204  reflected in this act and that there is a need to resolve
  205  apparent conflicts between any other legislation that has been
  206  or may be enacted during 2010 and the abolition of the
  207  Department of Management Services, the creation of the
  208  Department of Personnel Management, and the transfer of the
  209  duties of the Department of Management Services to other
  210  agencies made by this act. Therefore, in the interim between
  211  this act becoming law and the 2011 Regular Session of the
  212  Legislature or an earlier special session addressing this issue,
  213  the Division of Statutory Revision shall provide the relevant
  214  substantive committees of the Senate and the House of
  215  Representatives with assistance, upon request, to enable such
  216  committees to prepare draft legislation to conform the Florida
  217  Statutes and any legislation enacted during 2010 to the
  218  provisions of this act.
  219         Section 4. Subsection (3) of section 11.917, Florida
  220  Statutes, is amended to read:
  221         11.917 Procedure after termination.—
  222         (3)(a) If not otherwise provided by law:,
  223         (a) Property in the custody of an abolished state agency or
  224  advisory committee shall be transferred to the Department of
  225  Financial Management Services.
  226         (b) If not otherwise provided by law, Records in the
  227  custody of an abolished state agency or advisory committee shall
  228  be transferred to the Department of State.
  229         Section 5. Subsection (2) of section 14.057, Florida
  230  Statutes, is amended to read:
  231         14.057 Governor-elect; establishment of operating fund.—
  232         (2) The Department of Environmental Protection Management
  233  Services shall provide for the Governor-elect, the Governor
  234  elect’s staff, and the inauguration staff temporary office
  235  facilities in the capitol center for the period extending from
  236  the day of the certification of the Governor-elect’s election by
  237  the Elections Canvassing Commission to the day of his or her
  238  inauguration.
  239         Section 6. Paragraphs (h) and (i) of subsection (4) of
  240  section 14.204, Florida Statutes, are amended to read:
  241         14.204 Agency for Enterprise Information Technology.—The
  242  Agency for Enterprise Information Technology is created within
  243  the Executive Office of the Governor.
  244         (4) The agency shall have the following duties and
  245  responsibilities:
  246         (h) In consultation with the Division of Purchasing in the
  247  Department of Financial Management Services, coordinate
  248  procurement negotiations for software that will be used by
  249  multiple agencies.
  250         (i) In coordination with, and through the services of, the
  251  Division of Purchasing in the Department of Financial Management
  252  Services, develop best practices for technology procurements.
  253         Section 7. Paragraph (i) of subsection (1) of section
  254  16.615, Florida Statutes, is amended to read:
  255         16.615 Council on the Social Status of Black Men and Boys.—
  256         (1) The Council on the Social Status of Black Men and Boys
  257  is established within the Department of Legal Affairs and shall
  258  consist of 19 members appointed as follows:
  259         (i) The executive director of the Department of Personnel
  260  Management Secretary of Management Services or a his or her
  261  designee.
  262         Section 8. Subsections (3) and (7) of section 20.04,
  263  Florida Statutes, are amended to read:
  264         20.04 Structure of executive branch.—The executive branch
  265  of state government is structured as follows:
  266         (3) For their internal structure, all departments, except
  267  for the Department of Financial Services, the Department of
  268  Children and Family Services, the Department of Corrections, the
  269  Department of Personnel Management Services, the Department of
  270  Revenue, and the Department of Transportation, must adhere to
  271  the following standard terms:
  272         (a) The principal unit of the department is the “division.”
  273  Each division is headed by a “director.”
  274         (b) The principal unit of the division is the “bureau.”
  275  Each bureau is headed by a “chief.”
  276         (c) The principal unit of the bureau is the “section.” Each
  277  section is headed by an “administrator.”
  278         (d) If further subdivision is necessary, sections may be
  279  divided into “subsections,” which are headed by “supervisors.”
  280         (7)(a) Unless specifically authorized by law, the head of a
  281  department may not reallocate duties and functions specifically
  282  assigned by law to a specific unit of the department.
  283         (a) Those functions or agencies assigned generally to the
  284  department without specific designation to a unit of the
  285  department may be allocated and reallocated to a unit of the
  286  department at the discretion of the head of the department.
  287         (b) Within the limitations of this subsection, the head of
  288  the department may recommend the establishment of additional
  289  divisions, bureaus, sections, and subsections of the department
  290  to promote efficient and effective operation of the department.
  291  However, additional divisions, or offices in the Department of
  292  Children and Family Services, the Department of Corrections, and
  293  the Department of Transportation, may be established only by
  294  specific statutory enactment.
  295         (c) New bureaus, sections, and subsections of departments
  296  may be initiated by a department and established as recommended
  297  by the Department of Personnel Management Services and approved
  298  by the Executive Office of the Governor, or may be established
  299  by specific statutory enactment.
  300         (d)(c) For the purposes of such recommendations and
  301  approvals, the Department of Personnel Management Services and
  302  the Executive Office of the Governor, respectively, must adopt
  303  and apply specific criteria for assessing the appropriateness of
  304  all reorganization requests from agencies. The criteria must be
  305  applied to future agency requests for reorganization and must be
  306  used to review the appropriateness of bureaus currently in
  307  existence. Any current bureau that does not meet the criteria
  308  for a bureau must be reorganized into a section or other
  309  appropriate unit.
  310         Section 9. Section 20.22, Florida Statutes, is amended to
  311  read:
  312         20.22 Department of Personnel Management Services.—The
  313  There is created a Department of Personnel Management is created
  314  Services.
  315         (1) The head of the Department of Personnel Management
  316  Services is the Governor and Cabinet, who shall appoint an
  317  executive director the Secretary of Management Services, who
  318  shall be appointed by the Governor, subject to confirmation by
  319  the Senate, and who shall serve at the pleasure of the Governor
  320  and Cabinet.
  321         (2) The following divisions and programs within the
  322  Department of Management Services are established within the
  323  department:
  324         (a)Facilities Program.
  325         (b)Technology Program.
  326         (a)(c)Division of Human Resource Management Workforce
  327  Program.
  328         (d)1.Support Program.
  329         2.Federal Property Assistance Program.
  330         (e)Administration Program.
  331         (f)Division of Administrative Hearings.
  332         (b)(g) Division of Retirement.
  333         (c)(h) Division of State Group Insurance.
  334         (d)Division of Administrative Hearings, as a separate
  335  budget entity and not subject to the department’s control,
  336  supervision, or direction.
  337         (3) The duties of the Chief Labor Negotiator shall be
  338  determined by the Governor Secretary of Management Services, and
  339  must include, but need not be limited to, the representation of
  340  the Governor as the public employer in collective bargaining
  341  negotiations pursuant to the provisions of chapter 447.
  342         Section 10. Subsection (6) of section 20.23, Florida
  343  Statutes, is amended to read:
  344         20.23 Department of Transportation.—There is created a
  345  Department of Transportation which shall be a decentralized
  346  agency.
  347         (6) Notwithstanding the provisions of s. 110.205, the
  348  Department of Personnel Management may Services is authorized to
  349  exempt positions within the Department of Transportation which
  350  are comparable to positions within the Senior Management Service
  351  pursuant to s. 110.205(2)(j) or positions that which are
  352  comparable to positions in the Selected Exempt Service under s.
  353  110.205(2)(m).
  354         Section 11. Paragraph (a) of subsection (2) of section
  355  20.255, Florida Statutes, are amended, and paragraph (i) is
  356  added to subsection (3) of that section, to read:
  357         20.255 Department of Environmental Protection.—There is
  358  created a Department of Environmental Protection.
  359         (2)(a) There shall be four three deputy secretaries who are
  360  to be appointed by and shall serve at the pleasure of the
  361  secretary. The secretary may assign any deputy secretary the
  362  responsibility to supervise, coordinate, and formulate policy
  363  for any division, office, or district. The following special
  364  offices are established and headed by managers, each of whom is
  365  to be appointed by and serve at the pleasure of the secretary:
  366         1. Office of Chief of Staff;
  367         2. Office of General Counsel;
  368         3. Office of Inspector General;
  369         4. Office of External Affairs;
  370         5. Office of Legislative Affairs;
  371         6. Office of Intergovernmental Programs; and
  372         7. Office of Greenways and Trails.
  373  
  374  The managers of all divisions and offices specifically named in
  375  this section and the directors of the six administrative
  376  districts are exempt from part II of chapter 110 and are
  377  included in the Senior Management Service in accordance with s.
  378  110.205(2)(j).
  379         (3) The following divisions of the Department of
  380  Environmental Protection are established:
  381         (i) Division of Facilities Management and Building
  382  Construction.
  383  
  384  In order to ensure statewide and intradepartmental consistency,
  385  the department’s divisions shall direct the district offices and
  386  bureaus on matters of interpretation and applicability of the
  387  department’s rules and programs.
  388         Section 12. Paragraph (c) of subsection (6) of section
  389  20.331, Florida Statutes, is amended to read:
  390         20.331 Fish and Wildlife Conservation Commission.—
  391         (6) GENERAL PROVISIONS.—
  392         (c) Divisions, sections, and offices created by this act
  393  may be abolished only by general law. Additional divisions in
  394  the commission may only be established by general law. New
  395  sections, subsections, and offices of the commission may be
  396  initiated by the commission and established as recommended by
  397  the Department of Personnel Management Services and approved by
  398  the Executive Office of the Governor, or may be established by
  399  general law.
  400         Section 13. Section 20.50, Florida Statutes, is amended to
  401  read:
  402         20.50 Agency for Workforce Innovation.—There is created The
  403  Agency for Workforce Innovation is created within the Department
  404  of Personnel Management Services. The agency is shall be a
  405  separate budget entity, as provided in the General
  406  Appropriations Act, and the director of the agency shall be the
  407  agency head for all purposes. The head of the agency is the
  408  director of Workforce Innovation, who shall be appointed by the
  409  Governor. The agency is shall not be subject to control,
  410  supervision, or direction by the Department of Personnel
  411  Management Services in any manner, including, but not limited
  412  to, personnel, purchasing, transactions involving real or
  413  personal property, and budgetary matters.
  414         (1) The agency for Workforce Innovation shall ensure that
  415  the state appropriately administers federal and state workforce
  416  funding by administering plans and policies of Workforce
  417  Florida, Inc., under contract with Workforce Florida, Inc. The
  418  operating budget and midyear amendments thereto must be part of
  419  such contract.
  420         (a) All program and fiscal instructions to regional
  421  workforce boards must shall emanate from the agency pursuant to
  422  plans and policies of Workforce Florida, Inc. Workforce Florida,
  423  Inc., is shall be responsible for all policy directions to the
  424  regional boards.
  425         (b) Unless otherwise provided by agreement with Workforce
  426  Florida, Inc., administrative and personnel policies of the
  427  agency for Workforce Innovation shall apply.
  428         (2)(a) The agency for Workforce Innovation is the
  429  administrative agency designated for receipt of federal
  430  workforce development grants and other federal funds. The agency
  431  shall administer the duties and responsibilities assigned by the
  432  Governor under each federal grant assigned to the agency.
  433         (a) The agency shall expend each revenue source as provided
  434  by federal and state law and as provided in plans developed by
  435  and agreements with Workforce Florida, Inc. The agency may serve
  436  as contract administrator for Workforce Florida, Inc., contracts
  437  pursuant to s. 445.004(5) as directed by Workforce Florida, Inc.
  438         (b) The agency shall prepare and submit a unified budget
  439  request for workforce development, in accordance with chapter
  440  216 for, and in conjunction with, Workforce Florida, Inc., and
  441  its board. The head of the agency is the director of Workforce
  442  Innovation, who shall be appointed by the Governor.
  443         (c) The agency shall include the following offices within
  444  its organizational structure:
  445         1. The Office of Unemployment Compensation Services;
  446         2. The Office of Workforce Program Support;
  447         3. The Office of Early Learning, which shall administer the
  448  school readiness system in accordance with s. 411.01 and the
  449  operational requirements of the Voluntary Prekindergarten
  450  Education Program in accordance with part V of chapter 1002. The
  451  office shall be directed by the Deputy Director for Early
  452  Learning, who shall be appointed by and serve at the pleasure of
  453  the director; and
  454         4. The Office of Agency Support Services.
  455         (d) The director of the agency may establish the positions
  456  of assistant director and deputy director to administer the
  457  requirements and functions of the agency. In addition, the
  458  director may organize and structure the offices of the agency to
  459  best meet the goals and objectives of the agency as provided in
  460  s. 20.04.
  461         (e)(d) The Unemployment Appeals Commission, authorized by
  462  s. 443.012, is not subject to control, supervision, or direction
  463  by the agency for Workforce Innovation in the performance of its
  464  powers and duties but shall receive any and all support and
  465  assistance from the agency that is required for the performance
  466  of its duties.
  467         (3) The agency for Workforce Innovation shall serve as the
  468  designated agency for purposes of each federal workforce
  469  development grant assigned to it for administration. The agency
  470  shall carry out the duties assigned to it by the Governor, under
  471  the terms and conditions of each grant. The agency shall have
  472  the level of authority and autonomy necessary to be the
  473  designated recipient of each federal grant assigned to it, and
  474  shall disperse such grants pursuant to the plans and policies of
  475  Workforce Florida, Inc. The director may, upon delegation from
  476  the Governor and pursuant to agreement with Workforce Florida,
  477  Inc., sign contracts, grants, and other instruments as necessary
  478  to execute functions assigned to the agency. Notwithstanding
  479  other provisions of law, the agency for Workforce Innovation
  480  shall administer other programs funded by federal or state
  481  appropriations, as determined by the Legislature in the General
  482  Appropriations Act or by law.
  483         (4) The agency for Workforce Innovation may provide or
  484  contract for training for employees of administrative entities
  485  and case managers of any contracted providers to ensure that
  486  they have the necessary competencies and skills to provide
  487  adequate administrative oversight and delivery of the full array
  488  of client services.
  489         (5) The agency for Workforce Innovation shall have an
  490  official seal by which its records, orders, and proceedings are
  491  authenticated. The seal shall be judicially noticed.
  492         Section 14. Subsection (13) of section 24.105, Florida
  493  Statutes, is amended to read:
  494         24.105 Powers and duties of department.—The department
  495  shall:
  496         (13) Have the authority to Perform any of the functions of
  497  the Department of Financial Management Services under chapter
  498  255, chapter 273, chapter 281, chapter 283, or chapter 287, or
  499  any rules adopted under any such chapter, and may grant
  500  approvals provided for under any such chapter or rules. If the
  501  department finds, by rule, that compliance with any such chapter
  502  would impair or impede the effective or efficient operation of
  503  the lottery, the department may adopt rules providing
  504  alternative procurement procedures. Such alternative procedures
  505  shall be designed to allow the department to evaluate competing
  506  proposals and select the proposal that provides the greatest
  507  long-term benefit to the state with respect to the quality of
  508  the products or services, dependability and integrity of the
  509  vendor, dependability of the vendor’s products or services,
  510  security, competence, timeliness, and maximization of gross
  511  revenues and net proceeds over the life of the contract.
  512         Section 15. Subsection (6) of section 24.120, Florida
  513  Statutes, is amended to read:
  514         24.120 Financial matters; Operating Trust Fund; interagency
  515  cooperation.—
  516         (6) The Department of Financial Management Services may
  517  authorize a sales incentive program for employees of the
  518  department for the purpose of increasing the sales volume and
  519  distribution of lottery tickets. Payments pursuant to the
  520  program are shall not be construed to be lump-sum salary
  521  bonuses.
  522         Section 16. Paragraph (a) of subsection (1) of section
  523  29.008, Florida Statutes, is amended to read:
  524         29.008 County funding of court-related functions.—
  525         (1) Counties are required by s. 14, Art. V of the State
  526  Constitution to fund the cost of communications services,
  527  existing radio systems, existing multiagency criminal justice
  528  information systems, and the cost of construction or lease,
  529  maintenance, utilities, and security of facilities for the
  530  circuit and county courts, public defenders’ offices, state
  531  attorneys’ offices, guardian ad litem offices, and the offices
  532  of the clerks of the circuit and county courts performing court
  533  related functions. For purposes of this section, the term
  534  “circuit and county courts” includes the offices and staffing of
  535  the guardian ad litem programs, and the term “public defenders’
  536  offices” includes the offices of criminal conflict and civil
  537  regional counsel. The county designated under s. 35.05(1) as the
  538  headquarters for each appellate district shall fund these costs
  539  for the appellate division of the public defender’s office in
  540  that county. For purposes of implementing these requirements,
  541  the term:
  542         (a) “Facility” means reasonable and necessary buildings and
  543  office space and appurtenant equipment and furnishings,
  544  structures, real estate, easements, and related interests in
  545  real estate, including, but not limited to, those for the
  546  purpose of housing legal materials for use by the general public
  547  and personnel, equipment, or functions of the circuit or county
  548  courts, public defenders’ offices, state attorneys’ offices, and
  549  court-related functions of the office of the clerks of the
  550  circuit and county courts and all storage. The term “facility”
  551  includes all wiring necessary for court reporting services. The
  552  term also includes access to parking for such facilities in
  553  connection with such court-related functions that may be
  554  available free or from a private provider or a local government
  555  for a fee. The office space provided by a county may not be less
  556  than the standards for space allotment adopted by the Department
  557  of Environmental Protection Management Services, except that
  558  this requirement applies only to facilities that are leased, or
  559  on which construction commences, after June 30, 2003. County
  560  funding must include physical modifications and improvements to
  561  all facilities as are required for compliance with the Americans
  562  with Disabilities Act. Upon mutual agreement of a county and the
  563  affected entity in this paragraph, the office space provided by
  564  the county may vary from the standards for space allotment
  565  adopted by the Department of Environmental Protection Management
  566  Services.
  567         1. As of July 1, 2005, Equipment and furnishings are shall
  568  be limited to that which is appropriate and customary for
  569  courtrooms, hearing rooms, jury facilities, and other public
  570  areas in courthouses and any other facility occupied by the
  571  courts, state attorneys, public defenders, guardians ad litem,
  572  and criminal conflict and civil regional counsel. Court
  573  reporting equipment in these areas or facilities is not a
  574  responsibility of the county.
  575         2. Equipment and furnishings under this paragraph in
  576  existence and owned by counties on July 1, 2005, except for that
  577  in the possession of the clerks, for areas other than
  578  courtrooms, hearing rooms, jury facilities, and other public
  579  areas in courthouses and any other facility occupied by the
  580  courts, state attorneys, and public defenders, shall be
  581  transferred to the state at no charge. This provision does not
  582  apply to any communications services as defined in paragraph
  583  (f).
  584         Section 17. Section 29.21, Florida Statutes, is amended to
  585  read:
  586         29.21 Department of Management Services to provide
  587  Assistance in procuring services.—In accordance with s. 287.042,
  588  the Department of Financial Management Services may assist the
  589  Office of the State Courts Administrator and the Justice
  590  Administrative Commission with competitive solicitations for the
  591  procurement of state-funded services under this chapter. This
  592  may include assistance in the development and review of
  593  proposals in compliance with chapter 287, and rules adopted
  594  under that chapter.
  595         Section 18. Section 110.1055, Florida Statutes, is amended
  596  to read:
  597         110.1055 Rules and rulemaking authority.—The Department of
  598  Personnel Management Services shall adopt rules as necessary to
  599  effectuate the provisions of this chapter, as amended by this
  600  act, and in accordance with the authority granted to the
  601  department under in this chapter. All existing rules relating to
  602  this chapter are statutorily repealed January 1, 2002, unless
  603  otherwise readopted.
  604         Section 19. Subsections (1) and (2) of section 110.107,
  605  Florida Statutes, are amended to read:
  606         110.107 Definitions.—As used in this chapter, the term:
  607         (1) “Department” means the Department of Personnel
  608  Management Services.
  609         (2) “Executive director Secretary” means the executive
  610  director of the department Secretary of Management Services.
  611         Section 20. Subsection (5) of section 110.1099, Florida
  612  Statutes, is amended to read:
  613         110.1099 Education and training opportunities for state
  614  employees.—
  615         (5) The department of Management Services, in consultation
  616  with the agencies and, to the extent applicable, with the state
  617  Florida’s public community colleges, public career centers, and
  618  public universities, shall adopt rules to administer this
  619  section.
  620         Section 21. Section 110.116, Florida Statutes, is amended
  621  to read:
  622         110.116 Personnel information system; payroll procedures.
  623  The department of Management Services shall establish and
  624  maintain, in coordination with the payroll system of the
  625  Department of Financial Services, a complete personnel
  626  information system for all authorized and established positions
  627  in the state service, with the exception of employees of the
  628  Legislature, unless the Legislature chooses to participate. The
  629  department may contract with a vendor to provide the personnel
  630  information system. The specifications shall be developed in
  631  conjunction with the payroll system of the Department of
  632  Financial Services and in coordination with the Auditor General.
  633  The Department of Financial Services shall determine that the
  634  position occupied by each employee has been authorized and
  635  established in accordance with the provisions of s. 216.251. The
  636  department of Management Services shall develop and maintain a
  637  position numbering system that identifies will identify each
  638  established position, and such information shall be a part of
  639  the payroll system of the Department of Financial Services. With
  640  the exception of employees of the Legislature, unless the
  641  Legislature chooses to participate, this system includes shall
  642  include all career service positions and those positions
  643  exempted from career service provisions, notwithstanding the
  644  funding source of the salary payments, and information regarding
  645  persons receiving payments from other sources. Necessary
  646  revisions shall be made in the personnel and payroll procedures
  647  of the state to avoid duplication insofar as is feasible. A list
  648  shall be organized by budget entity to show the employees or
  649  vacant positions within each budget entity. This list must shall
  650  be available to the Speaker of the House of Representatives and
  651  the President of the Senate upon request.
  652         Section 22. Section 110.121, Florida Statutes, is amended
  653  to read:
  654         110.121 Sick leave pool.—Each state department or agency
  655  that of the state which has authority to adopt rules governing
  656  the accumulation and use of sick leave for employees and that
  657  which maintains accurate and reliable records showing the amount
  658  of sick leave which has been accumulated and is unused by
  659  employees may, in accordance with guidelines that are which
  660  shall be established by the department of Management Services,
  661  adopt rules for establishing the establishment of a plan
  662  allowing participating employees to pool sick leave and allowing
  663  any sick leave thus pooled to be used by a any participating
  664  employee who has used all of his or her the sick leave that has
  665  been personally accrued by him or her. At a minimum Although not
  666  limited to the following, such rules shall provide:
  667         (1) That employees are shall be eligible for participation
  668  in the sick leave pool after 1 year of employment with a the
  669  state or agency if of the state; provided that such employee has
  670  accrued a minimum amount of unused sick leave, which minimum
  671  shall be established by rule.
  672         (2) That participation in the sick leave pool is shall, at
  673  all times, be voluntary on the part of the employees.
  674         (3) That any sick leave pooled shall be removed from the
  675  personally accumulated sick leave balance of the employee
  676  contributing such leave.
  677         (4) That any sick leave in the pool which leave is used by
  678  a participating employee is shall be used only for the
  679  employee’s personal illness, accident, or injury.
  680         (5) That a participating employee may shall not be eligible
  681  to use sick leave accumulated in the pool until all of his or
  682  her personally accrued sick, annual, and compensatory leave has
  683  been used.
  684         (6) The A maximum number of days of sick leave in the pool
  685  which any one employee may use.
  686         (7) That a participating employee who uses sick leave from
  687  the pool is shall not be required to recontribute such sick
  688  leave to the pool, except as otherwise provided in this section.
  689         (8) That an employee who cancels his or her membership in
  690  the sick leave pool may shall not be eligible to withdraw the
  691  days of sick leave contributed by that employee to the pool.
  692         (9) That an employee who transfers from one position in a
  693  state agency government to another position in another state
  694  agency government may transfer from one pool to another if the
  695  eligibility criteria of the pools are comparable or the
  696  administrators of the pools have agreed on a formula for
  697  transfer of credits.
  698         (10) That alleged abuse of the use of the sick leave pool
  699  shall be investigated, and, on a finding of wrongdoing, the
  700  employee must shall repay all of the sick leave credits drawn
  701  from the sick leave pool and is shall be subject to such other
  702  disciplinary action as is determined by the agency head.
  703         (11) That sick leave credits may be drawn from the sick
  704  leave pool by a part-time employee on a pro rata basis.
  705         Section 23. Section 110.1227, Florida Statutes, is amended
  706  to read:
  707         110.1227 Florida Employee Long-Term-Care Plan Act.—
  708         (1) The Legislature finds that state expenditures for long
  709  term-care services continue to increase at a rapid rate and that
  710  the state faces increasing pressure in its efforts to meet the
  711  long-term-care needs of the public.
  712         (a) It is the intent of the Legislature that the Department
  713  of Personnel Management Services and the Department of Elderly
  714  Affairs implement a self-funded or fully insured, voluntary,
  715  long-term-care plan for public employees and their families and
  716  provide an opportunity for public employees and their families
  717  to purchase said long-term-care insurance by means of payroll
  718  deduction.
  719         (b) The department and the Department of Elderly Affairs
  720  and the Department of Management Services shall jointly design
  721  the plan to provide long-term-care coverage for public
  722  employees, family members of public employees, and retirees. The
  723  departments Department of Management Services and the Department
  724  of Elderly Affairs shall enter into an interagency agreement
  725  defining their roles with regard to plan development and design.
  726  Joint planning expenses shall be shared to the extent that
  727  funded planning activities are consistent with the goals of the
  728  departments. Eligible plan participants must include active and
  729  retired officers and employees of all branches and state
  730  agencies of state and their spouses, children, stepchildren,
  731  parents, and parents-in-law; and, upon the affirmative vote of
  732  the governing body of any county or municipality in this state,
  733  the active and retired officers and employees of any such county
  734  or municipality and their spouses, children, stepchildren,
  735  parents, and parents-in-law; and the surviving spouses,
  736  children, stepchildren, parents, and parents-in-law of such
  737  deceased officers and employees, whether active or retired at
  738  the time of death.
  739         (c) This section does not limit the department’s act in no
  740  way affects the Department of Management Services’ authority
  741  under pursuant to s. 110.123.
  742         (d) The department of Management Services and the
  743  Department of Elderly Affairs shall review all self-insured and
  744  all fully-insured proposals submitted to it by qualified vendors
  745  who have submitted responses prior to February 23, 1999. Upon
  746  review of the proposals, the departments Department of
  747  Management Services and the Department of Elderly Affairs may
  748  award a contract to the vendor that the departments deem to
  749  represent the best value to public employees, family members of
  750  public employees, and retirees.
  751         (e) An No entity providing actuarial consulting services to
  752  the department of Management Services or the Department of
  753  Elderly Affairs in the preparation of the request for proposals,
  754  in the evaluation of such proposals, or in the selection of a
  755  provider of long-term-care service offerings may not shall be
  756  eligible to provide or contract to provide the entity selected
  757  as the provider of long-term-care service offerings in this
  758  state with any services related to the Florida Employee Long
  759  Term-Care plan.
  760         (2) As used in this section, the term:
  761         (a)“Department” means the Department of Elderly Affairs.
  762         (a)(b) “Self-funded” means that plan benefits and costs are
  763  funded from contributions made by or on behalf of participants
  764  and trust fund investment revenue.
  765         (b)(c) “Plan” means the Florida Employee Long-Term-Care
  766  Plan.
  767         (3) The department of Management Services and the
  768  Department of Elderly Affairs shall, in consultation with public
  769  employers and employees and representatives from unions and
  770  associations representing state, university, local government,
  771  and other public employees, establish and supervise the
  772  implementation and administration of a self-funded or fully
  773  insured long-term-care plan entitled “Florida Employee Long
  774  Term-Care Plan.”
  775         (a) The departments Department of Management Services and
  776  the department shall, in consultation with the Office of
  777  Insurance Regulation of the Financial Services Commission,
  778  contract for actuarial, professional-administrator, and other
  779  services for the Florida Employee Long-Term-Care plan.
  780         (b) When contracting for a professional administrator, the
  781  department of Management Services shall consider, at a minimum,
  782  the entity’s previous experience and expertise in administering
  783  group long-term-care self-funded plans or long-term-care
  784  insurance programs; the entity’s demonstrated ability to perform
  785  its contractual obligations in the state and in other
  786  jurisdictions; the entity’s projected administrative costs; the
  787  entity’s capability to adequately provide service coverage,
  788  including a sufficient number of experienced and qualified
  789  personnel in the areas of marketing, claims processing,
  790  recordkeeping, and underwriting; the entity’s accessibility to
  791  public employees and other qualified participants; and the
  792  entity’s financial soundness and solvency.
  793         (c) Any contract with a professional administrator entered
  794  into by the department of Management Services must require that
  795  the state be held harmless and indemnified for any financial
  796  loss caused by the failure of the professional administrator to
  797  comply with the terms of the contract.
  798         (d) The department of Management Services shall explore
  799  innovations in long-term-care financing and service delivery
  800  with regard to possible future inclusion in the plan. Such
  801  innovative financing and service delivery mechanisms may include
  802  managed long-term care and plans that set aside assets with
  803  regard to eligibility for Medicaid-funded long-term-care
  804  services in the same proportion that private long-term-care
  805  insurance benefits are used to pay for long-term care.
  806         (4) The department of Management Services and the
  807  Department of Elderly Services shall coordinate, directly or
  808  through contract, marketing of the plan. Expenses related to
  809  such marketing shall be reimbursed from funds of the plan.
  810         (5) The department of Management Services shall contract
  811  with the State Board of Administration for the investment of
  812  funds in the Florida Employee Long-Term-Care Plan reserve fund.
  813  Plan funds are not state funds. The moneys shall be held by the
  814  state board of Administration on behalf of enrollees and
  815  invested and disbursed in accordance with a trust agreement
  816  approved by the division and the state board of Administration
  817  and in accordance with the provisions of ss. 215.44-215.53.
  818  Moneys in the reserve fund may be used only for the purposes
  819  specified in the agreement.
  820         (6) A Florida Employee Long-Term-Care Plan Board of
  821  Directors is created, composed of nine members who shall serve
  822  2-year terms, to be appointed after May 1, 1999, as follows:
  823         (a) The secretary of the Department of Elderly Affairs
  824  shall appoint a member who is a plan participant.
  825         (b) The Director of the Office of Insurance Regulation
  826  shall appoint an actuary.
  827         (c) The Attorney General shall appoint an attorney licensed
  828  to practice law in this state.
  829         (d) The Governor shall appoint three members from a broad
  830  cross-section of the residents of this state.
  831         (e) The Department of Personnel Management Services shall
  832  appoint a member.
  833         (f) The President of the Senate shall appoint a member of
  834  the Senate.
  835         (g) The Speaker of the House of Representatives shall
  836  appoint a member of the House of Representatives.
  837         (7) The board of directors of the Florida Long-Term-Care
  838  Plan shall:
  839         (a) Prepare an annual report of the plan, with the
  840  assistance of an actuarial consultant, to be submitted to the
  841  Speaker of the House of Representatives, the President of the
  842  Senate, the Governor, and the Minority Leaders of the Senate and
  843  the House of Representatives.
  844         (b) Approve the appointment of an executive director
  845  jointly recommended by the department of Management Services and
  846  the Department of Elderly Affairs to serve as the chief
  847  administrative and operational officer of the Florida Employee
  848  Long-Term-Care plan.
  849         (c) Approve the terms of the department’s Department of
  850  Management Services’ third-party administrator contract.
  851         (d) Implement such other policies and procedures as
  852  necessary to assure the soundness and efficient operation of the
  853  plan.
  854         (8) Members of the board may not receive a salary, but may
  855  be reimbursed for travel, per diem, and administrative expenses
  856  related to their duties. Board expenses and costs for the annual
  857  report and other administrative expenses must be borne by the
  858  plan. State funds may not be used for contributed toward costs
  859  associated with board members or their activities conducted on
  860  behalf of and for the benefit of plan beneficiaries.
  861         Section 24. Paragraph (f) of subsection (5) and subsection
  862  (7) of section 110.1228, Florida Statutes, are amended to read:
  863         110.1228 Participation by small counties, small
  864  municipalities, and district school boards located in small
  865  counties.—
  866         (5) If the department determines that a small county, small
  867  municipality, or district school board is eligible to enroll,
  868  the small county, small municipality, or district school board
  869  must agree to the following terms and conditions:
  870         (f) If a small county, small municipality, or district
  871  school board employer fails to make the payments required by
  872  this section to fully reimburse the state, upon the department’s
  873  request, the Department of Revenue or the Department of
  874  Financial Services shall, upon the request of the Department of
  875  Management Services, deduct the amount owed by the employer from
  876  any funds not pledged to bond debt service satisfaction that are
  877  to be distributed by it to the small county, small municipality,
  878  or district school board. The amounts so deducted shall be
  879  transferred to the department of Management Services for further
  880  distribution to the trust funds in accordance with this chapter.
  881         (7) The department of Management Services may adopt rules
  882  necessary to administer this section.
  883         Section 25. Subsection (2) and paragraphs (a), (e), (h),
  884  and (i) of subsection (3) of section 110.123, Florida Statutes,
  885  are amended to read:
  886         110.123 State group insurance program.—
  887         (2) DEFINITIONS.—As used in this section, the term:
  888         (a)“Department” means the Department of Management
  889  Services.
  890         (a)(b) “Enrollee” means all state officers and employees,
  891  retired state officers and employees, surviving spouses of
  892  deceased state officers and employees, and terminated employees
  893  or individuals with continuation coverage who are enrolled in an
  894  insurance plan offered by the state group insurance program. The
  895  term “Enrollee” includes all state university officers and
  896  employees, retired state university officers and employees,
  897  surviving spouses of deceased state university officers and
  898  employees, and terminated state university employees or
  899  individuals with continuation coverage who are enrolled in an
  900  insurance plan offered by the state group insurance program.
  901         (b)(c) “Full-time state employees” means includes all full
  902  time employees of state all branches or agencies of state
  903  government holding salaried positions and paid by state warrant
  904  or from agency funds, and employees paid from regular salary
  905  appropriations for 8 months’ employment, including university
  906  personnel on academic contracts, but in no case shall “state
  907  employee” or “salaried position” include persons paid from
  908  other-personal-services (OPS) funds. “Full-time employees”
  909  includes all full-time employees of the state universities.
  910         (c)(d) “Health maintenance organization” or “HMO” means an
  911  entity certified under part I of chapter 641.
  912         (d)(e) “Health plan member” means any person participating
  913  in a state group health insurance plan, a TRICARE supplemental
  914  insurance plan, or a health maintenance organization plan under
  915  the state group insurance program, including enrollees and
  916  covered dependents thereof.
  917         (e)(f) “Part-time state employee” means any employee of any
  918  branch or agency of state government paid by state warrant from
  919  salary appropriations or from agency funds, and who is employed
  920  for less than the normal full-time workweek established by the
  921  department or, if on academic contract or seasonal or other type
  922  of employment which is less than year-round, is employed for
  923  less than 8 months during any 12-month period. The term does
  924  not, but in no case shall “part-time” employee include a person
  925  paid from other-personal-services (OPS) funds. “Part-time state
  926  employee” includes any part-time employee of the state
  927  universities.
  928         (f)(g) “Retired state officer or employee” or “retiree”
  929  means any state or state university officer or employee who
  930  retires under a state retirement system or a state optional
  931  annuity or retirement program or is placed on disability
  932  retirement, and who was insured under the state group insurance
  933  program at the time of retirement, and who begins receiving
  934  retirement benefits immediately after retirement from state or
  935  state university office or employment. In addition to these
  936  requirements, the term includes any state officer or state
  937  employee who retires under the defined contribution Public
  938  Employee Optional Retirement program established under part II
  939  of chapter 121 shall be considered a “retired state officer or
  940  employee” or “retiree” as used in this section if he or she:
  941         1. Meets the age and service requirements to qualify for
  942  normal retirement as set forth in s. 121.021(29); or
  943         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  944  the Internal Revenue Code and has 6 years of creditable service.
  945         (g)(h) “State agency” or “agency” means any branch,
  946  department, or agency of state government. “State agency” or
  947  “agency” includes any state university for purposes of this
  948  section only.
  949         (h)(i) “State group health insurance plan or plans” or
  950  “state plan or plans” mean the state self-insured health
  951  insurance plan or plans offered to state officers and employees,
  952  retired state officers and employees, and surviving spouses of
  953  deceased state officers and employees pursuant to this section.
  954         (i)(j) “State-contracted HMO” means any health maintenance
  955  organization under contract with the department to participate
  956  in the state group insurance program.
  957         (j)(k) “State group insurance program” or “programs” means
  958  the package of insurance plans offered to state officers and
  959  employees, retired state officers and employees, and surviving
  960  spouses of deceased state officers and employees pursuant to
  961  this section, including the state group health insurance plan or
  962  plans, health maintenance organization plans, TRICARE
  963  supplemental insurance plans, and other plans required or
  964  authorized by law.
  965         (k)(l) “State officer” means any constitutional state
  966  officer, any elected state officer paid by state warrant, or any
  967  appointed state officer who is commissioned by the Governor and
  968  who is paid by state warrant.
  969         (l)(m) “Surviving spouse” means the widow or widower of a
  970  deceased state officer, full-time state employee, part-time
  971  state employee, or retiree if such widow or widower was covered
  972  as a dependent under the state group health insurance plan, a
  973  TRICARE supplemental insurance plan, or a health maintenance
  974  organization plan established pursuant to this section at the
  975  time of the death of the deceased officer, employee, or retiree.
  976  The term “Surviving spouse” also means any widow or widower who
  977  is receiving or eligible to receive a monthly state warrant from
  978  a state retirement system as the beneficiary of a state officer,
  979  full-time state employee, or retiree who died before prior to
  980  July 1, 1979. For the purposes of this section, any such widow
  981  or widower shall cease to be a surviving spouse upon his or her
  982  remarriage.
  983         (m)(n) “TRICARE supplemental insurance plan” means the
  984  Department of Defense Health Insurance Program for eligible
  985  members of the uniformed services authorized by 10 U.S.C. s.
  986  1097.
  987         (3) STATE GROUP INSURANCE PROGRAM.—
  988         (a) The Division of State Group Insurance is created within
  989  the department of Management Services.
  990         (e) The department of Management Services and the Division
  991  of State Group Insurance may not prohibit or limit any properly
  992  licensed insurer, health maintenance organization, prepaid
  993  limited health services organization, or insurance agent from
  994  competing for any insurance product or plan purchased, provided,
  995  or endorsed by the department or the division on the basis of
  996  the compensation arrangement used by the insurer or organization
  997  for its agents.
  998         (h)1.In lieu of participating in the state group health
  999  insurance program, a person eligible to participate in the state
 1000  group insurance program may be authorized by department rules
 1001  adopted by the department, in lieu of participating in the state
 1002  group health insurance plan, to exercise an option to elect
 1003  membership in a health maintenance organization plan that which
 1004  is under contract with the state in accordance with criteria
 1005  established by this section and department by said rules. The
 1006  offer of optional membership in a health maintenance
 1007  organization plan permitted by this paragraph may be limited or
 1008  conditioned by rule as may be necessary to meet the requirements
 1009  of state and federal laws.
 1010         1.2. The department shall contract with health maintenance
 1011  organizations seeking to participate in the state group
 1012  insurance program through a request for proposal or other
 1013  procurement process, as developed by the department of
 1014  Management Services and determined to be appropriate.
 1015         a. The department shall establish a schedule of minimum
 1016  benefits for health maintenance organization coverage, and that
 1017  schedule must shall include: physician services; inpatient and
 1018  outpatient hospital services; emergency medical services,
 1019  including out-of-area emergency coverage; diagnostic laboratory
 1020  and diagnostic and therapeutic radiologic services; mental
 1021  health, alcohol, and chemical dependency treatment services
 1022  meeting the minimum requirements of state and federal law;
 1023  skilled nursing facilities and services; prescription drugs;
 1024  age-based and gender-based wellness benefits; and other benefits
 1025  as may be required by the department. Additional services may be
 1026  provided subject to the contract between the department and the
 1027  HMO. As used in this paragraph, the term “age-based and gender
 1028  based wellness benefits” includes aerobic exercise, education in
 1029  alcohol and substance abuse prevention, blood cholesterol
 1030  screening, health risk appraisals, blood pressure screening and
 1031  education, nutrition education, program planning, safety belt
 1032  education, smoking cessation, stress management, weight
 1033  management, and women’s health education.
 1034         b. The department may establish uniform deductibles,
 1035  copayments, coverage tiers, or coinsurance schedules for all
 1036  participating HMO plans.
 1037         c. The department may require detailed information from
 1038  each health maintenance organization participating in the
 1039  procurement process, including information pertaining to
 1040  organizational status, experience in providing prepaid health
 1041  benefits, accessibility of services, financial stability of the
 1042  plan, quality of management services, accreditation status,
 1043  quality of medical services, network access and adequacy,
 1044  performance measurement, ability to meet the department’s
 1045  reporting requirements, and the actuarial basis of the proposed
 1046  rates and other data determined by the director to be necessary
 1047  for the evaluation and selection of health maintenance
 1048  organization plans and negotiation of appropriate rates for
 1049  these plans. Upon receipt of proposals by health maintenance
 1050  organization plans and the evaluation of those proposals, the
 1051  department may enter into negotiations with all of the plans or
 1052  a subset of the plans, as the department determines appropriate.
 1053  Nothing shall preclude The department may negotiate from
 1054  negotiating regional or statewide contracts with health
 1055  maintenance organization plans if when this is cost-effective
 1056  and when the department determines that the plan offers high
 1057  value to enrollees.
 1058         d. The department may limit the number of HMOs that it
 1059  contracts with in each service area based on the nature of the
 1060  bids the department receives, the number of state employees in
 1061  the service area, or any unique geographical characteristics of
 1062  the service area. The department shall establish by rule service
 1063  areas throughout the state.
 1064         e. All persons participating in the state group insurance
 1065  program may be required to contribute towards a total state
 1066  group health premium that may vary depending upon the plan and
 1067  coverage tier selected by the enrollee and the level of state
 1068  contribution authorized by the Legislature.
 1069         2.3. The department may is authorized to negotiate and to
 1070  contract with specialty psychiatric hospitals for mental health
 1071  benefits, on a regional basis, for alcohol, drug abuse, and
 1072  mental and nervous disorders. The department may establish,
 1073  Subject to the approval of the Legislature pursuant to
 1074  subsection (5), the department may establish any such regional
 1075  plan upon completion of an actuarial study to determine the
 1076  effect any impact on plan benefits and premiums.
 1077         3.4. In addition to contracting pursuant to subparagraph 1.
 1078  2., the department may enter into contract with any HMO to
 1079  participate in the state group insurance program which:
 1080         a. Serves greater than 5,000 recipients on a prepaid basis
 1081  under the Medicaid program;
 1082         b. Does not currently meet the 25-percent non-Medicare/non
 1083  Medicaid enrollment composition requirement established by the
 1084  Department of Health excluding participants enrolled in the
 1085  state group insurance program;
 1086         c. Meets the minimum benefit package and copayments and
 1087  deductibles contained in sub-subparagraphs 1.a. 2.a. and b.;
 1088         d. Is willing to participate in the state group insurance
 1089  program at a cost of premiums that is not greater than 95
 1090  percent of the cost of HMO premiums accepted by the department
 1091  in each service area; and
 1092         e. Meets the minimum surplus requirements of s. 641.225.
 1093  
 1094  The department may is authorized to contract with HMOs that meet
 1095  the requirements of sub-subparagraphs a.-d. before prior to the
 1096  open enrollment period for state employees. The department is
 1097  not required to renew the contract with the HMOs as set forth in
 1098  this paragraph more than twice. Thereafter, the HMOs may shall
 1099  be eligible to participate in the state group insurance program
 1100  only through the request for proposal or invitation to negotiate
 1101  process described in subparagraph 1. 2.
 1102         4.5. All enrollees in a state group health insurance plan,
 1103  a TRICARE supplemental insurance plan, or any health maintenance
 1104  organization plan may change have the option of changing to any
 1105  other health plan that is offered by the state within an any
 1106  open enrollment period designated by the department. Open
 1107  enrollment shall be held at least once each calendar year.
 1108         5.6.If When a contract between a treating provider and the
 1109  state-contracted health maintenance organization is terminated
 1110  for any reason other than for cause, each party shall allow any
 1111  enrollee for whom treatment was active to continue coverage and
 1112  care when medically necessary, through completion of treatment
 1113  of a condition for which the enrollee was receiving care at the
 1114  time of the termination, until the enrollee selects another
 1115  treating provider, or until the next open enrollment period
 1116  offered, whichever is longer, but no longer than 6 months after
 1117  termination of the contract. Each party to the terminated
 1118  contract shall allow an enrollee who has initiated a course of
 1119  prenatal care, regardless of the trimester in which care was
 1120  initiated, to continue care and coverage until completion of
 1121  postpartum care. This does not prevent a provider from refusing
 1122  to continue to provide care to an enrollee who is abusive,
 1123  noncompliant, or in arrears in payments for services provided.
 1124  For care continued under this subparagraph, the program and the
 1125  provider shall continue to be bound by the terms of the
 1126  terminated contract. Changes made within 30 days before
 1127  termination of a contract are effective only if agreed to by
 1128  both parties.
 1129         6.7. Any HMO participating in the state group insurance
 1130  program shall submit health care utilization and cost data to
 1131  the department, in such form and in such manner as the
 1132  department shall require, as a condition of participating in the
 1133  program. The department shall enter into negotiations with its
 1134  contracting HMOs to determine the nature and scope of the data
 1135  submission and the final requirements, format, penalties
 1136  associated with noncompliance, and timetables for submission.
 1137  These determinations shall be adopted by rule.
 1138         (i)8. The department may establish and direct, with respect
 1139  to collective bargaining issues, a comprehensive package of
 1140  insurance benefits that may include supplemental health and life
 1141  coverage, dental care, long-term care, vision care, and other
 1142  benefits it determines necessary to enable state employees to
 1143  select from among benefit options that best suit their
 1144  individual and family needs.
 1145         1.a. Based upon a desired benefit package, the department
 1146  shall issue a request for proposal or invitation to negotiate
 1147  for health insurance providers interested in participating in
 1148  the state group insurance program, and the department shall
 1149  issue a request for proposal or invitation to negotiate for
 1150  insurance providers interested in participating in the non
 1151  health-related components of the state group insurance program.
 1152  Upon receipt of all proposals, the department may enter into
 1153  contract negotiations with insurance providers submitting bids
 1154  or negotiate a specially designed benefit package. Insurance
 1155  providers offering or providing supplemental coverage as of May
 1156  30, 1991, which qualify for pretax benefit treatment pursuant to
 1157  s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
 1158  state employees currently enrolled may be included by the
 1159  department in the supplemental insurance benefit plan
 1160  established by the department without participating in a request
 1161  for proposal, submitting bids, negotiating contracts, or
 1162  negotiating a specially designed benefit package. These
 1163  contracts must shall provide state employees with the most cost
 1164  effective and comprehensive coverage available; however, no
 1165  state or agency funds may not contribute shall be contributed
 1166  toward the cost of any part of the premium of such supplemental
 1167  benefit plans. With respect to dental coverage, the division
 1168  shall include in any solicitation or contract for any state
 1169  group dental program made after July 1, 2001, a comprehensive
 1170  indemnity dental plan option that which offers enrollees a
 1171  completely unrestricted choice of dentists. If a dental plan is
 1172  endorsed, or in some manner recognized as the preferred product,
 1173  such plan shall include a comprehensive indemnity dental plan
 1174  option that which provides enrollees with a completely
 1175  unrestricted choice of dentists.
 1176         2.b. Pursuant to the applicable provisions of s. 110.161,
 1177  and s. 125 of the Internal Revenue Code of 1986, the department
 1178  shall enroll in the pretax benefit program those state employees
 1179  who voluntarily elect coverage in any of the supplemental
 1180  insurance benefit plans as provided by sub-subparagraph a.
 1181         3.c.This paragraph does not Nothing herein contained shall
 1182  be construed to prohibit insurance providers from continuing to
 1183  provide or offer supplemental benefit coverage to state
 1184  employees as provided under existing agency plans.
 1185         (j)(i) The benefits of the insurance authorized by this
 1186  section are shall not be in lieu of any benefits payable under
 1187  chapter 440, the Workers’ Compensation Law. The insurance
 1188  authorized by this section may law shall not be deemed to
 1189  constitute insurance to secure workers’ compensation benefits as
 1190  required by chapter 440.
 1191         Section 26. Section 110.12312, Florida Statutes, is amended
 1192  to read:
 1193         110.12312 Open enrollment period for retirees.—On or after
 1194  July 1, 1997, the department of Management Services shall
 1195  provide for an open enrollment period for retired state
 1196  employees who want to obtain health insurance coverage under ss.
 1197  110.123 and 110.12315. The options offered during the open
 1198  enrollment period must provide the same health insurance
 1199  coverage as the coverage provided to active employees under the
 1200  same premium payment conditions in effect for covered retirees,
 1201  including eligibility for health insurance subsidy payments
 1202  under s. 112.363. A person who separates from employment after
 1203  subsequent to May 1, 1988, but whose date of retirement occurs
 1204  on or after August 1, 1995, is eligible as of the first open
 1205  enrollment period occurring after July 1, 1997, with an
 1206  effective date of January 1, 1998, as long as the retiree’s
 1207  enrollment remains in effect.
 1208         Section 27. Section 110.12315, Florida Statutes, is amended
 1209  to read:
 1210         110.12315 Prescription drug program.—The state employees’
 1211  prescription drug program is established. This program shall be
 1212  administered by the department of Management Services, according
 1213  to the terms and conditions of the plan as established by the
 1214  relevant provisions of the annual General Appropriations Act and
 1215  implementing legislation, subject to the following conditions:
 1216         (1) The department of Management Services shall allow
 1217  prescriptions written by health care providers under the plan to
 1218  be filled by any licensed pharmacy pursuant to contractual
 1219  claims-processing provisions. Nothing in This section does not
 1220  prohibit may be construed as prohibiting a mail order
 1221  prescription drug program that is distinct from the service
 1222  provided by retail pharmacies.
 1223         (2) In providing for reimbursement of pharmacies for
 1224  prescription medicines dispensed to members of the state group
 1225  health insurance plan and their dependents under the state
 1226  employees’ prescription drug program:
 1227         (a) Retail pharmacies participating in the program must be
 1228  reimbursed at a uniform rate and subject to uniform conditions,
 1229  according to the terms and conditions of the plan.
 1230         (b) There shall be a 30-day supply limit for prescription
 1231  card purchases and 90-day supply limit for mail order or mail
 1232  order prescription drug purchases.
 1233         (c) The current pharmacy dispensing fee remains in effect.
 1234         (3) The department of Management Services shall establish
 1235  the reimbursement schedule for prescription pharmaceuticals
 1236  dispensed under the program. Reimbursement rates for a
 1237  prescription pharmaceutical must be based on the cost of the
 1238  generic equivalent drug if a generic equivalent exists, unless
 1239  the physician prescribing the pharmaceutical clearly states on
 1240  the prescription that the brand name drug is medically necessary
 1241  or that the drug product is included on the formulary of drug
 1242  products that may not be interchanged as provided in chapter
 1243  465, in which case reimbursement must be based on the cost of
 1244  the brand name drug as specified in the reimbursement schedule
 1245  adopted by the department of Management Services.
 1246         (4) The department of Management Services shall conduct a
 1247  prescription utilization review program. In order to participate
 1248  in the state employees’ prescription drug program, retail
 1249  pharmacies dispensing prescription medicines to members of the
 1250  state group health insurance plan or their covered dependents,
 1251  or to subscribers or covered dependents of a health maintenance
 1252  organization plan under the state group insurance program, shall
 1253  make their records available for this review.
 1254         (5) The department of Management Services shall implement
 1255  such additional cost-saving measures and adjustments as may be
 1256  required to balance program funding within appropriations
 1257  provided, including a trial or starter dose program and
 1258  dispensing of long-term-maintenance medication in lieu of acute
 1259  therapy medication.
 1260         (6) Participating pharmacies must use a point-of-sale
 1261  device or an online computer system to verify a participant’s
 1262  eligibility for coverage. The state is not liable for
 1263  reimbursement of a participating pharmacy for dispensing
 1264  prescription drugs to any person whose current eligibility for
 1265  coverage has not been verified by the state’s contracted
 1266  administrator or by the department of Management Services.
 1267         (7) Under the state employees’ prescription drug program
 1268  copayments must be made as follows:
 1269         (a) Effective January 1, 2006, For the State Group Health
 1270  Insurance Standard Plan:
 1271         1. For generic drug with card........................$10.
 1272         2. For preferred brand name drug with card...........$25.
 1273         3. For nonpreferred brand name drug with card........$40.
 1274         4. For generic mail order drug.......................$20.
 1275         5. For preferred brand name mail order drug..........$50.
 1276         6. For nonpreferred brand name mail order drug.......$80.
 1277         (b) Effective January 1, 2006, For the State Group Health
 1278  Insurance High Deductible Plan:
 1279         1. Retail coinsurance for generic drug with card.....30%.
 1280         2. Retail coinsurance for preferred brand name drug with
 1281  card........................................................30%.
 1282         3. Retail coinsurance for nonpreferred brand name drug with
 1283  card........................................................50%.
 1284         4. Mail order coinsurance for generic drug...........30%.
 1285         5. Mail order coinsurance for preferred brand name drug30%.
 1286         6. Mail order coinsurance for nonpreferred brand name drug50%.
 1287         (c) The department of Management Services shall create a
 1288  preferred brand name drug list to be used in the administration
 1289  of the state employees’ prescription drug program.
 1290         Section 28. Section 110.1232, Florida Statutes, is amended
 1291  to read:
 1292         110.1232 Health insurance coverage for persons retired
 1293  under state-administered retirement systems before January 1,
 1294  1976, and for spouses.—Notwithstanding any other provision
 1295  provisions of law to the contrary, the department of Management
 1296  Services shall provide health insurance coverage under the state
 1297  group insurance program for persons who retired before January
 1298  1, 1976, under any of the state-administered retirement systems
 1299  and who are not covered by social security and for the spouses
 1300  and surviving spouses of such retirees who are also not covered
 1301  by social security. Such health insurance coverage must shall
 1302  provide the same benefits as provided to other retirees who are
 1303  entitled to participate under s. 110.123. The claims experience
 1304  of this group shall be commingled with the claims experience of
 1305  other members covered under s. 110.123.
 1306         Section 29. Section 110.1234, Florida Statutes, is amended
 1307  to read:
 1308         110.1234 Health insurance for retirees under the Florida
 1309  Retirement System; Medicare supplement and fully insured
 1310  coverage.—
 1311         (1) The department of Management Services shall solicit
 1312  competitive bids from state-licensed insurance companies to
 1313  provide and administer a fully insured Medicare supplement
 1314  policy for all eligible retirees of a state or local public
 1315  employer. Such Medicare supplement policy must shall meet the
 1316  provisions of ss. 627.671-627.675. For the purpose of this
 1317  subsection, “eligible retiree” means a any public employee who
 1318  retired from a state or local public employer who is covered by
 1319  Medicare, Parts A and B. The department shall authorize one
 1320  company to offer the Medicare supplement coverage to all
 1321  eligible retirees. All premiums shall be paid by the retiree.
 1322         (2) The department of Management Services shall solicit
 1323  competitive bids from state-licensed insurance companies to
 1324  provide and administer fully insured health insurance coverage
 1325  for all public employees who retired from a state or local
 1326  public employer who are not covered by Medicare, Parts A and B.
 1327  The department may authorize one company to offer such coverage
 1328  if the proposed benefits and premiums are reasonable. If such
 1329  coverage is authorized, all premiums shall be paid for by the
 1330  retiree.
 1331         Section 30. Paragraph (a) of subsection (1) of section
 1332  110.1245, Florida Statutes, is amended to read:
 1333         110.1245 Savings sharing program; bonus payments; other
 1334  awards.—
 1335         (1)(a) The department of Management Services shall adopt
 1336  rules that prescribe procedures and promote a savings sharing
 1337  program for an individual or group of employees who propose
 1338  procedures or ideas that are adopted and that result in
 1339  eliminating or reducing state expenditures, if such proposals
 1340  are placed in effect and may be implemented under current
 1341  statutory authority.
 1342         Section 31. Section 110.125, Florida Statutes, is amended
 1343  to read:
 1344         110.125 Administrative costs.—The administrative expenses
 1345  and costs of operating the personnel program established by this
 1346  chapter shall be paid by the various state agencies of the state
 1347  government, and each such agency shall include in its budget
 1348  estimates its pro rata share of such cost as determined by the
 1349  department of Management Services. To establish an equitable
 1350  division of the costs, the amount to be paid by each agency
 1351  shall be determined in such proportion as the service rendered
 1352  to each agency bears to the total service rendered under the
 1353  provisions of this chapter. The amounts paid to the department
 1354  of Management Services which are attributable to positions
 1355  within the Senior Management Service and the Selected Exempt
 1356  Professional Service shall be used for the administration of
 1357  such services, training activities for positions within those
 1358  services, and the development and implementation of a database
 1359  of pertinent historical information on exempt positions. If
 1360  Should any state agency is become more than 90 days delinquent
 1361  in paying payment of this obligation, the department shall
 1362  certify to the Chief Financial Officer the amount due and the
 1363  Chief Financial Officer shall transfer that the amount due to
 1364  the department from any available debtor agency funds available.
 1365         Section 32. Subsection (7) of section 110.131, Florida
 1366  Statutes, is amended to read:
 1367         110.131 Other-personal-services temporary employment.—
 1368         (7) The department of Management Services shall annually
 1369  assess agencies for the regulation of other personal services on
 1370  a pro rata share basis not to exceed the an amount as provided
 1371  in the General Appropriations Act.
 1372         Section 33. Section 110.151, Florida Statutes, is amended
 1373  to read:
 1374         110.151 State officers’ and employees’ child care
 1375  services.—
 1376         (1) The department of Management Services shall approve,
 1377  administer, and coordinate child care services for state
 1378  officers’ and employees’ children or dependents. Duties shall
 1379  include, but are not be limited to, reviewing and approving
 1380  requests from state agencies for child care services; providing
 1381  technical assistance on child care program startup and
 1382  operation; and assisting other agencies in conducting needs
 1383  assessments, designing centers, and selecting service providers.
 1384  Primary emphasis for child care services shall be given to
 1385  children who are not subject to compulsory school attendance
 1386  pursuant to part II of chapter 1003, and, to the extent
 1387  possible, emphasis shall be placed on child care for children
 1388  aged 2 and under.
 1389         (2) Child care programs may be located in state-owned
 1390  office buildings, educational facilities and institutions,
 1391  custodial facilities and institutions, and, with the consent of
 1392  the President of the Senate and the Speaker of the House of
 1393  Representatives, in buildings or spaces used for legislative
 1394  activities. In addition, centers may be located in privately
 1395  owned buildings conveniently located to the place of employment
 1396  of those officers and employees to be served by the centers. If
 1397  a child care program is located in a state-owned office
 1398  building, educational facility or institution, or custodial
 1399  facility or institution, or in a privately owned building leased
 1400  by the state, a portion of the service provider’s rental fees
 1401  for child care space may be waived by the sponsoring agency in
 1402  accordance with the department rules of the Department of
 1403  Management Services. Additionally, the sponsoring state agency
 1404  may be responsible for the maintenance, utilities, and other
 1405  operating costs associated with the child care center.
 1406         (3) Except as otherwise provided in this section, the cost
 1407  of child care services shall be offset by fees charged to
 1408  employees who use the child care services. Requests for
 1409  proposals may provide for a sliding fee schedule based on, with
 1410  fees charged on the basis of the employee’s household income.
 1411         (4) The provider of proposed child care services shall be
 1412  selected by competitive contract. Requests for proposals shall
 1413  be developed with the assistance of, and subject to the approval
 1414  of, the department of Management Services. Management of the
 1415  contract with the service provider is shall be the
 1416  responsibility of the sponsoring state agency.
 1417         (5) An operator selected to provide services must comply
 1418  with all state and local standards for the licensure and
 1419  operation of child care facilities, maintain adequate liability
 1420  insurance coverage, and assume financial and legal
 1421  responsibility for the operation of the program. Neither The
 1422  operator of and nor any personnel employed by or at a child care
 1423  facility may not shall be deemed to be employees of the state.
 1424  However, the sponsoring state agency may be responsible for the
 1425  operation of the child care center if when:
 1426         (a) A second request for proposals fails to procure a
 1427  qualified service provider; or
 1428         (b) The service provider’s contract is canceled and
 1429  attempts to procure another qualified service provider are
 1430  unsuccessful;
 1431  
 1432  and plans for direct operation are approved by the department of
 1433  Management Services.
 1434         (6) In the areas where the state has an insufficient number
 1435  of employees to justify a worksite center, a state agency may
 1436  join in a consortium arrangement using utilizing available state
 1437  facilities with not-for-profit corporations or other public
 1438  employers to provide child care services to both public
 1439  employees and employees of private sector employers. The
 1440  consortium agreement must first address the unmet child care
 1441  needs of the children of the public employees whose employers
 1442  are members of the consortium, and then address the child care
 1443  needs of private sector employees.
 1444         (7) The department of Management Services may adopt any
 1445  rules necessary to administer achieve the purposes of this
 1446  section.
 1447         Section 34. Section 110.1522, Florida Statutes, is amended
 1448  to read:
 1449         110.1522 Model rule establishing family support personnel
 1450  policies.—The department of Management Services shall develop a
 1451  model rule establishing family support personnel policies for
 1452  all executive branch agencies, excluding the State University
 1453  System. The term “family support personnel policies,” for
 1454  purposes of ss. 110.1521-110.1523, means personnel policies
 1455  affecting employees’ ability to both work and devote care and
 1456  attention to their families and includes policies on flexible
 1457  hour work schedules, compressed time, job sharing, part-time
 1458  employment, maternity or paternity leave for employees with a
 1459  newborn or newly adopted child, and paid and unpaid family or
 1460  administrative leave for family responsibilities.
 1461         Section 35. Subsections (5), (6), and (7) of section
 1462  110.161, Florida Statutes, are amended to read:
 1463         110.161 State employees; pretax benefits program.—
 1464         (5) The department of Management Services shall develop
 1465  rules for the pretax benefits program, which shall specify the
 1466  benefits to be offered under the program, the continuing tax
 1467  exempt status of the program, and any other matters deemed
 1468  necessary by the department to implement this section. The rules
 1469  must be approved by a majority vote of the Administration
 1470  Commission.
 1471         (6) The department shall of Management Services is
 1472  authorized to administer the pretax benefits program established
 1473  for all employees so that employees may receive benefits that
 1474  are not includable in gross income under the Internal Revenue
 1475  Code of 1986. The pretax benefits program:
 1476         (a) Must Shall allow employee contributions to premiums for
 1477  the state group insurance program administered under s. 110.123
 1478  to be paid on a pretax basis unless an employee elects not to
 1479  participate.
 1480         (b) Must Shall allow employees to voluntarily establish
 1481  expense reimbursement plans from their salaries on a pretax
 1482  basis to pay for qualified medical and dependent care expenses,
 1483  including premiums paid by employees for qualified supplemental
 1484  insurance.
 1485         (c) May provide for the payment of such premiums through a
 1486  pretax payroll procedure. The Administration Commission and the
 1487  department of Management Services are directed to take all
 1488  actions necessary to preserve the tax-exempt status of the
 1489  program.
 1490         (7) The Legislature recognizes that a substantial amount of
 1491  the employer savings realized by the implementation of a pretax
 1492  benefits program is will be the result of diminutions in the
 1493  state’s employer contribution to the Federal Insurance
 1494  Contributions Act tax. There is hereby created The Pretax
 1495  Benefits Trust Fund is created in the department of Management
 1496  Services. Each agency in the executive, legislative, or judicial
 1497  branch of the state, including the State Board of
 1498  Administration, state universities, and other entities of state
 1499  government whose employees hold salaried positions and are paid
 1500  by state warrant or from agency funds, shall transfer to the
 1501  Pretax Benefits Trust Fund the full and complete employer FICA
 1502  contributions saved in connection with each weekly, biweekly,
 1503  semimonthly, or monthly payroll as a result of the
 1504  implementation of the pretax benefits program authorized
 1505  pursuant to this section. Such savings shall be transferred to
 1506  the Pretax Benefits Trust Fund upon transacting each payroll,
 1507  but not later than a subsequent payroll. Any moneys forfeited
 1508  pursuant to employees’ salary reduction agreements to
 1509  participate in the program must also be deposited in the Pretax
 1510  Benefits Trust Fund. Moneys in the Pretax Benefits Trust Fund
 1511  shall be used for the pretax benefits program, including its
 1512  administration by the department of Management Services or a
 1513  third-party administrator.
 1514         Section 36. Subsection (1) of section 110.171, Florida
 1515  Statutes, is amended to read:
 1516         110.171 State employee telecommuting program.—
 1517         (1) As used in this section, the term:
 1518         (a) “Agency” means any official, officer, commission,
 1519  board, authority, council, committee, or department of state
 1520  government.
 1521         (b)“Department” means the Department of Management
 1522  Services.
 1523         (b)(c) “Telecommuting” means a work arrangement whereby
 1524  selected state employees are allowed to perform the normal
 1525  duties and responsibilities of their positions, through the use
 1526  of computers or telecommunications, at home or another place
 1527  apart from the employees’ usual place of work.
 1528         Section 37. Paragraph (a) of subsection (1), paragraph (a)
 1529  of subsection (2), and subsection (4) of section 110.181,
 1530  Florida Statutes, are amended to read:
 1531         110.181 Florida State Employees’ Charitable Campaign.—
 1532         (1) CREATION AND ORGANIZATION OF CAMPAIGN.—
 1533         (a) The department of Management Services shall establish
 1534  and maintain, in coordination with the payroll system of the
 1535  Department of Financial Services, an annual Florida State
 1536  Employees’ Charitable Campaign. Except as provided in subsection
 1537  (5), this annual fundraising drive is the only authorized
 1538  charitable fundraising drive directed toward state employees
 1539  within work areas during work hours, and for which the state
 1540  provides will provide payroll deduction.
 1541         (2) SELECTION OF FISCAL AGENTS; COST.—
 1542         (a) The department of Management Services shall select
 1543  through the competitive procurement process a fiscal agent or
 1544  agents to receive, account for, and distribute charitable
 1545  contributions among participating charitable organizations.
 1546         (4) FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN STEERING
 1547  COMMITTEE.—A Florida State Employees’ Charitable Campaign
 1548  steering committee shall be established with seven members
 1549  appointed by members of the administration commission, and two
 1550  members appointed by the executive director secretary of the
 1551  department from among applications submitted from other agencies
 1552  or departments. The committee, whose members shall serve
 1553  staggered terms, shall meet at the call of the executive
 1554  director secretary. Members shall serve without compensation,
 1555  but shall be entitled to receive reimbursement for travel and
 1556  per diem expenses as provided in s. 112.061.
 1557         Section 38. Subsection (1) of section 110.2035, Florida
 1558  Statutes, is amended to read:
 1559         110.2035 Classification and compensation program.—
 1560         (1) The department of Management Services shall establish
 1561  and maintain a classification and compensation program
 1562  addressing career service, selected exempt service, and senior
 1563  management service positions. Actions No action may not be taken
 1564  to fill any position until it has been classified in accordance
 1565  with the classification plan.
 1566         (a) The department shall develop occupation profiles
 1567  necessary for the establishment of new occupations or for the
 1568  revision of existing occupations and shall adopt the appropriate
 1569  occupation title and broadband level code for each occupation.
 1570  Such occupation profiles, titles, and codes are shall not
 1571  constitute rules within the meaning of s. 120.52.
 1572         (b) The department shall be responsible for conducting
 1573  periodic studies and surveys to ensure that the classification
 1574  plan is maintained on a current basis.
 1575         (c) The department may review in a postaudit capacity the
 1576  action taken by an employing agency in classifying or
 1577  reclassifying a position.
 1578         (d) The department shall effect a classification change on
 1579  any classification or reclassification action taken by an
 1580  employing agency if the action taken by the agency was not based
 1581  on the duties and responsibilities officially assigned the
 1582  position as they relate to the concepts and description
 1583  contained in the official occupation profile and the level
 1584  definition defined in the occupational group characteristics
 1585  adopted by the department.
 1586         (e) In cooperation and consultation with the employing
 1587  agencies, the department shall adopt rules necessary to
 1588  administer govern the administration of the classification plan.
 1589  Such rules shall be approved by the Administration Commission
 1590  before prior to their adoption by the department.
 1591         Section 39. Subsection (1) of section 110.2037, Florida
 1592  Statutes, is amended to read:
 1593         110.2037 Alternative benefits; tax-sheltered annual leave
 1594  and sick leave payments and special compensation payments.—
 1595         (1) The department may of Management Services has authority
 1596  to adopt tax-sheltered plans under s. 401(a) of the Internal
 1597  Revenue Code for state employees who are eligible for payment
 1598  for accumulated leave. The department, Upon adoption of the
 1599  plans, the department shall contract for a private vendor or
 1600  vendors to administer the plans. These plans are shall be
 1601  limited to state employees who are over age 55 and who are:
 1602  eligible for accumulated leave and special compensation payments
 1603  and separating from employment with 10 years of service in
 1604  accordance with the Internal Revenue Code, or who are
 1605  participating in the Deferred Retirement Option Program on or
 1606  after July 1, 2001. The plans must provide benefits in a manner
 1607  that minimizes the tax liability of the state and participants.
 1608  The plans must be funded by employer contributions of payments
 1609  for accumulated leave or special compensation payments, or both,
 1610  as specified by the department. The plans must have received all
 1611  necessary federal and state approval as required by law, must
 1612  not adversely impact the qualified status of the Florida
 1613  Retirement System defined benefit or defined contribution plans
 1614  or the pretax benefits program, and must comply with the
 1615  provisions of s. 112.65. Adoption of any plan is contingent on:
 1616  the department receiving appropriate favorable rulings from the
 1617  Internal Revenue Service; the department negotiating under the
 1618  provisions of chapter 447, where applicable; and the Chief
 1619  Financial Officer making appropriate changes to the state
 1620  payroll system. The department’s request for proposals by
 1621  vendors for such plans may require that the vendors provide
 1622  market-risk or volatility ratings from recognized rating
 1623  agencies for each of their investment products. The department
 1624  shall provide for a system of continuous quality assurance
 1625  oversight to ensure that the program objectives are achieved and
 1626  that the program is prudently managed.
 1627         Section 40. Subsections (4) and (6) of section 110.205,
 1628  Florida Statutes, as amended by chapter 2009-271, Laws of
 1629  Florida, are amended to read:
 1630         110.205 Career service; exemptions.—
 1631         (4) DEFINITION OF DEPARTMENT.—As When used in this section,
 1632  the term “department” shall mean all departments and commissions
 1633  of the executive branch, whether created by the State
 1634  Constitution or chapter 20,; the office of the Governor,; and
 1635  the Public Service Commission; however, the term “department”
 1636  means shall mean the Department of Personnel Management Services
 1637  when used in the context of the authority to establish pay bands
 1638  and benefits.
 1639         (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
 1640  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
 1641  exempted from this part, there is hereby exempted from the
 1642  Career Service System The chief inspector of the boiler
 1643  inspection program of the Department of Financial Services is
 1644  exempted from Career Service. The pay band of this position
 1645  shall be established by the Department of Personnel Management
 1646  Services in accordance with the classification and pay plan
 1647  established for the Selected Exempt Service.
 1648         Section 41. Subsection (2) of section 110.2135, Florida
 1649  Statutes, is amended to read:
 1650         110.2135 Preference in employment, reemployment, promotion,
 1651  and retention.—
 1652         (2) A disabled veteran employed as the result of being
 1653  placed at the top of the appropriate employment list under the
 1654  provisions of s. 295.08 or s. 295.085 shall be appointed for a
 1655  probationary period of 1 year. At the end of such period, if the
 1656  work of the veteran has been satisfactorily performed, the
 1657  veteran will acquire permanent employment status and will be
 1658  subject to the employment rules of the department of Management
 1659  Services and the veteran’s employing agency.
 1660         Section 42. Paragraph (a) of subsection (3) of section
 1661  110.227, Florida Statutes, is amended to read:
 1662         110.227 Suspensions, dismissals, reductions in pay,
 1663  demotions, layoffs, transfers, and grievances.—
 1664         (3)(a) For With regard to law enforcement or correctional
 1665  officers, firefighters, or professional health care providers,
 1666  if when a layoff becomes necessary, the such layoff shall be
 1667  conducted within the competitive area identified by the agency
 1668  head and approved by the department of Management Services. Such
 1669  competitive area shall be established taking into consideration
 1670  the similarity of work; the organizational unit, which may be by
 1671  agency, department, division, bureau, or other organizational
 1672  unit; and the commuting area for the work affected.
 1673         Section 43. Subsections (1) and (2) of section 110.403,
 1674  Florida Statutes, are amended to read:
 1675         110.403 Powers and duties of the department.—
 1676         (1) In order to implement the purposes of this part, the
 1677  department of Management Services, after approval by the
 1678  Administration Commission, shall adopt and amend rules that
 1679  provide providing for:
 1680         (a) A system for employing, promoting, or reassigning
 1681  managers that is responsive to organizational or program needs.
 1682  In no event shall The number of positions included in the Senior
 1683  Management Service may not exceed 1.0 percent of the total full
 1684  time equivalent positions in the Career Service. The department
 1685  may not approve the establishment of shall deny approval to
 1686  establish any position within the Senior Management Service
 1687  which exceeds would exceed the limitation established in this
 1688  paragraph. The department shall report that the limitation has
 1689  been reached to the Governor, the President of the Senate, and
 1690  the Speaker of the House of Representatives, as soon as
 1691  practicable after it such event occurs. Employees in the Senior
 1692  Management Service shall serve at the pleasure of the agency
 1693  head and are shall be subject to suspension, dismissal,
 1694  reduction in pay, demotion, transfer, or other personnel action
 1695  at the discretion of the agency head. Such personnel actions are
 1696  exempt from the provisions of chapter 120.
 1697         (b) A performance appraisal system that takes which shall
 1698  take into consideration individual and organizational
 1699  efficiency, productivity, and effectiveness.
 1700         (c) A classification plan and a salary and benefit plan
 1701  that provides appropriate incentives for the recruitment and
 1702  retention of outstanding management personnel and provides for
 1703  salary increases based on performance.
 1704         (d) A system of rating duties and responsibilities for
 1705  positions within the Senior Management Service and the
 1706  qualifications of candidates for those positions.
 1707         (e) A system for documenting actions taken on agency
 1708  requests for approval of position exemptions and special pay
 1709  increases.
 1710         (f) Requirements for regarding recordkeeping by agencies
 1711  with respect to senior management service positions. Such
 1712  records shall be audited periodically by the department of
 1713  Management Services to determine agency compliance with the
 1714  provisions of this part and department the rules of the
 1715  Department of Management Services.
 1716         (g) Other procedures relating to personnel administration
 1717  to carry out the purposes of this part.
 1718         (h) A program of affirmative and positive action that will
 1719  ensure full utilization of women and minorities in senior
 1720  management service positions.
 1721         (2) The powers, duties, and functions of the department
 1722  includes of Management Services shall include responsibility for
 1723  the policy administration of the Senior Management Service.
 1724         Section 44. Section 110.405, Florida Statutes, is amended
 1725  to read:
 1726         110.405 Advisory committees.—The department’s executive
 1727  director Secretary of Management Services may at any time
 1728  appoint an ad hoc or continuing advisory committee consisting of
 1729  members of the Senior Management Service or other persons
 1730  knowledgeable in the field of personnel management. Any Such
 1731  committee may not have shall consist of not more than nine
 1732  members, who shall serve at the pleasure of and meet at the call
 1733  of the director secretary, to advise and consult with the
 1734  director secretary on such matters affecting the Senior
 1735  Management Service as the director secretary requests. Members
 1736  shall serve without compensation, but are shall be entitled to
 1737  receive reimbursement for travel expenses as provided in s.
 1738  112.061. The executive director secretary may periodically hire
 1739  a consultant who has with expertise in personnel management to
 1740  advise him or her with respect to the administration of the
 1741  Senior Management Service.
 1742         Section 45. Paragraph (b) of subsection (2) and subsection
 1743  (3) of section 110.406, Florida Statutes, are amended to read:
 1744         110.406 Senior Management Service; data collection.—
 1745         (2) The data required by this section shall include:
 1746         (b) Any recommendations and proposals for legislation which
 1747  the executive director secretary may have with respect to
 1748  improving the operation and administration of the Senior
 1749  Management Service.
 1750         (3) To assist in the preparation of the data required by
 1751  this section, the executive director secretary may hire a
 1752  consultant with expertise in the field of personnel management
 1753  and may use the services of the advisory committee authorized in
 1754  s. 110.405.
 1755         Section 46. Section 110.503, Florida Statutes, is amended
 1756  to read:
 1757         110.503 Responsibilities of state departments and
 1758  agencies.—Each state department or agency using utilizing the
 1759  services of volunteers shall:
 1760         (1) Take such actions as are necessary and appropriate to
 1761  develop meaningful opportunities for volunteers involved in
 1762  state-administered programs.
 1763         (2) Comply with the uniform rules adopted by the department
 1764  of Management Services governing the recruitment, screening,
 1765  training, responsibility, use, and supervision of volunteers.
 1766         (3) Take such actions as are necessary to ensure that
 1767  volunteers understand their duties and responsibilities.
 1768         (4) Take such actions as are necessary and appropriate to
 1769  ensure a receptive climate for citizen volunteers.
 1770         (5) Provide for the recognition of volunteers who have
 1771  offered continuous and outstanding service to state-administered
 1772  programs. Each state department or agency using the services of
 1773  volunteers may is authorized to incur expenditures not to exceed
 1774  $100 each plus applicable taxes for suitable framed
 1775  certificates, plaques, or other tokens of recognition to honor,
 1776  reward, or encourage volunteers for their service.
 1777         (6) Recognize prior volunteer service as partial
 1778  fulfillment of state employment requirements for training and
 1779  experience pursuant to department rules adopted by the
 1780  Department of Management Services.
 1781         Section 47. Subsection (5) of section 110.605, Florida
 1782  Statutes, is amended to read:
 1783         110.605 Powers and duties; personnel rules, records,
 1784  reports, and performance appraisal.—
 1785         (5) The executive director secretary may periodically hire
 1786  a consultant with expertise in personnel management to advise
 1787  him or her with respect to the administration of the Selected
 1788  Exempt Service.
 1789         Section 48. Paragraph (b) of subsection (2) and subsection
 1790  (3) of section 110.606, Florida Statutes, are amended to read:
 1791         110.606 Selected Exempt Service; data collection.—
 1792         (2) The data required by this section shall include:
 1793         (b) Any recommendations and proposals for legislation which
 1794  the executive director secretary may have with respect to
 1795  improving the operation and administration of the Selected
 1796  Exempt Service.
 1797         (3) To assist in the preparation of the data required by
 1798  this section, the executive director secretary may hire a
 1799  consultant with expertise in the field of personnel management.
 1800         Section 49. Paragraph (c) of subsection (13) of section
 1801  112.0455, Florida Statutes, is amended to read:
 1802         112.0455 Drug-Free Workplace Act.—
 1803         (13) RULES.—
 1804         (c) The Department of Personnel Management Services may
 1805  adopt rules for all executive branch agencies implementing this
 1806  section.
 1807  
 1808  This section shall not be construed to eliminate the bargainable
 1809  rights as provided in the collective bargaining process where
 1810  applicable.
 1811         Section 50. Paragraph (b) of subsection (4) of section
 1812  112.05, Florida Statutes, is amended to read:
 1813         112.05 Retirement; cost-of-living adjustment; employment
 1814  after retirement.—
 1815         (4)
 1816         (b) Any person to whom the limitation in paragraph (a)
 1817  applies who violates such reemployment limitation and is
 1818  reemployed with any agency participating in the Florida
 1819  Retirement System before completing prior to completion of the
 1820  12-month limitation period must shall give timely notice of this
 1821  fact in writing to the employer and to the Division of
 1822  Retirement; and the person’s retirement benefits shall be
 1823  suspended for the balance of the 12-month limitation period. Any
 1824  person employed in violation of this subsection and any
 1825  employing agency that which knowingly employs or appoints such
 1826  person without notifying the Department of Personnel Management
 1827  Services to suspend retirement benefits is shall be jointly and
 1828  severally liable for reimbursement to the retirement trust fund
 1829  of any benefits paid during the reemployment limitation period.
 1830  To avoid liability, the such employing agency must shall have a
 1831  written statement from the retiree that he or she is not retired
 1832  from a state-administered retirement system. Any retirement
 1833  benefits received by such person while reemployed during this
 1834  limitation period must shall be repaid to the retirement trust
 1835  fund, and the retirement benefits shall remain suspended until
 1836  such repayment has been made. Any benefits suspended beyond the
 1837  reemployment limitation period shall apply toward the repayment
 1838  of benefits received in violation of the reemployment
 1839  limitation.
 1840         Section 51. Subsection (5) of section 112.08, Florida
 1841  Statutes, is amended to read:
 1842         112.08 Group insurance for public officers, employees, and
 1843  certain volunteers; physical examinations.—
 1844         (5) The Department of Personnel Management Services shall
 1845  initiate and supervise a group insurance program providing death
 1846  and disability benefits for active members of the Florida
 1847  Highway Patrol Auxiliary, with coverage beginning July 1, 1978,
 1848  and purchased from state funds appropriated for that purpose.
 1849  The department of Management Services, in cooperation with the
 1850  Office of Insurance Regulation, shall prepare specifications
 1851  necessary to implement the program, and the Department of
 1852  Management Services shall receive bids and award the contract in
 1853  accordance with general law.
 1854         Section 52. Section 112.0804, Florida Statutes, is amended
 1855  to read:
 1856         112.0804 Medicare supplement and health insurance for
 1857  retirees under the Florida Retirement System; Medicare
 1858  supplement and fully insured coverage.—
 1859         (1) The Department of Personnel Management Services shall
 1860  solicit competitive bids from state-licensed insurance companies
 1861  to provide and administer a fully insured Medicare supplement
 1862  policy for all eligible retirees of a state or local public
 1863  employer. Such Medicare supplement policy must shall meet the
 1864  provisions of ss. 627.671-627.675. For the purpose of this
 1865  subsection, the term “eligible retiree” means any public
 1866  employee who retired from a state or local public employer who
 1867  is covered by Medicare, Parts A and B. The department of
 1868  Management Services shall authorize one company to offer the
 1869  Medicare supplement coverage to all eligible retirees. All
 1870  premiums shall be paid by the retiree.
 1871         (2) The Department of Management Services shall solicit
 1872  competitive bids from state-licensed insurance companies to
 1873  provide and administer fully insured health insurance coverage
 1874  for all public employees who retired from a state or local
 1875  public employer and who are not covered by Medicare, Parts A and
 1876  B. The department of Management Services may authorize one
 1877  company to offer such coverage if the proposed benefits and
 1878  premiums are reasonable. If such coverage is authorized, all
 1879  premiums shall be paid for by the retiree.
 1880         Section 53. Subsections (1) and (2) of section 112.24,
 1881  Florida Statutes, are amended to read:
 1882         112.24 Intergovernmental interchange of public employees.
 1883  To encourage economical and effective utilization of public
 1884  employees in this state, the temporary assignment of employees
 1885  among agencies of government, both state and local, and
 1886  including school districts and public institutions of higher
 1887  education is authorized under terms and conditions set forth in
 1888  this section. State agencies, municipalities, and political
 1889  subdivisions are authorized to enter into employee interchange
 1890  agreements with other state agencies, the Federal Government,
 1891  another state, a municipality, or a political subdivision
 1892  including a school district, or with a public institution of
 1893  higher education. State agencies are also authorized to enter
 1894  into employee interchange agreements with private institutions
 1895  of higher education and other nonprofit organizations under the
 1896  terms and conditions provided in this section. In addition, the
 1897  Governor or the Governor and Cabinet may enter into employee
 1898  interchange agreements with a state agency, the Federal
 1899  Government, another state, a municipality, or a political
 1900  subdivision including a school district, or with a public
 1901  institution of higher learning to fill, subject to the
 1902  requirements of chapter 20, appointive offices which are within
 1903  the executive branch of government and which are filled by
 1904  appointment by the Governor or the Governor and Cabinet. Under
 1905  no circumstances shall employee interchange agreements be
 1906  utilized for the purpose of assigning individuals to participate
 1907  in political campaigns. Duties and responsibilities of
 1908  interchange employees shall be limited to the mission and goals
 1909  of the agencies of government.
 1910         (1) Details of an employee interchange program must shall
 1911  be the subject of an agreement, which may be extended or
 1912  modified, between a sending party and a receiving party. State
 1913  agencies shall report such agreements and any extensions or
 1914  modifications thereto to the Department of Personnel Management
 1915  Services.
 1916         (2) The period of an individual’s assignment or detail
 1917  under an employee interchange program may shall not exceed 2
 1918  years. Upon agreement of the sending party and the receiving
 1919  party and under the same or modified terms, an assignment or
 1920  detail of 2 years may be extended by 3 months. However,
 1921  agreements relating to faculty members of the State University
 1922  System may be extended biennially upon approval by the
 1923  Department of Personnel Management Services. If the appointing
 1924  agency is the Governor or the Governor and Cabinet, the period
 1925  of an individual’s assignment or detail under an employee
 1926  interchange program may shall not exceed 2 years plus an
 1927  extension of 3 months or the number of years left in the term of
 1928  office of the Governor, whichever is less.
 1929         Section 54. Paragraph (d) of subsection (4) of section
 1930  112.3173, Florida Statutes, is amended to read:
 1931         112.3173 Felonies involving breach of public trust and
 1932  other specified offenses by public officers and employees;
 1933  forfeiture of retirement benefits.—
 1934         (4) NOTICE.—
 1935         (d) The Commission on Ethics shall forward any notice and
 1936  any other document received by it pursuant to this subsection to
 1937  the governing body of the public retirement system of which the
 1938  public officer or employee is a member or from which the public
 1939  officer or employee may be entitled to receive a benefit. If
 1940  When called on by the Commission on Ethics, the Department of
 1941  Personnel Management Services shall assist the commission in
 1942  identifying the appropriate public retirement system.
 1943         Section 55. Paragraph (a) of subsection (3) of section
 1944  112.31895, Florida Statutes, is amended to read:
 1945         112.31895 Investigative procedures in response to
 1946  prohibited personnel actions.—
 1947         (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
 1948         (a) The Florida Commission on Human Relations, in
 1949  accordance with the Whistle-blower’s this Act and for the sole
 1950  purpose of the this act, is empowered to:
 1951         1. Receive and investigate complaints from employees
 1952  alleging retaliation by state agencies, as the term “state
 1953  agency” is defined in s. 216.011.
 1954         2. Protect employees and applicants for employment with
 1955  such agencies from prohibited personnel practices under s.
 1956  112.3187.
 1957         3. Petition for stays and petition for corrective actions,
 1958  including, but not limited to, temporary reinstatement.
 1959         4. Recommend disciplinary proceedings pursuant to
 1960  investigation and appropriate agency rules and procedures.
 1961         5. Coordinate with the Chief Inspector General in the
 1962  Executive Office of the Governor and the Florida Commission on
 1963  Human Relations to receive, review, and forward to appropriate
 1964  agencies, legislative entities, or the Department of Law
 1965  Enforcement disclosures of a violation of any law, rule, or
 1966  regulation, or disclosures of gross mismanagement, malfeasance,
 1967  misfeasance, nonfeasance, neglect of duty, or gross waste of
 1968  public funds.
 1969         6. Review rules pertaining to personnel matters issued or
 1970  proposed by the Department of Personnel Management Services, the
 1971  Public Employees Relations Commission, and other agencies, and,
 1972  if the Florida Commission on Human Relations finds that any rule
 1973  or proposed rule, on its face or as implemented, requires the
 1974  commission of a prohibited personnel practice, provide a written
 1975  comment to the appropriate agency.
 1976         7. Investigate, request assistance from other governmental
 1977  entities, and, if appropriate, bring actions concerning,
 1978  allegations of retaliation by state agencies under subparagraph
 1979  1.
 1980         8. Administer oaths, examine witnesses, take statements,
 1981  issue subpoenas, order the taking of depositions, order
 1982  responses to written interrogatories, and make appropriate
 1983  motions to limit discovery, pursuant to investigations under
 1984  subparagraph 1.
 1985         9. Intervene or otherwise participate, as a matter of
 1986  right, in any appeal or other proceeding arising under this
 1987  section before the Public Employees Relations Commission or any
 1988  other appropriate agency, except that the Florida Commission on
 1989  Human Relations must comply with the rules of the commission or
 1990  other agency and may not seek corrective action or intervene in
 1991  an appeal or other proceeding without the consent of the person
 1992  protected under ss. 112.3187-112.31895.
 1993         10. Conduct an investigation, in the absence of an
 1994  allegation, to determine whether reasonable grounds exist to
 1995  believe that a prohibited action or a pattern of prohibited
 1996  action has occurred, is occurring, or is to be taken.
 1997         Section 56. Subsection (7) of section 112.352, Florida
 1998  Statutes, is amended to read:
 1999         112.352 Definitions.—The following words and phrases as
 2000  used in this act shall have the following meaning unless a
 2001  different meaning is required by the context:
 2002         (7) “Department” means the Department of Personnel
 2003  Management Services.
 2004         Section 57. Section 112.354, Florida Statutes, is amended
 2005  to read:
 2006         112.354 Eligibility for supplement.—Each retired member or,
 2007  if applicable, a joint annuitant, except any person receiving
 2008  survivor benefits under the teachers’ retirement system of the
 2009  state in accordance with s. 238.07(18), is shall be entitled to
 2010  receive a supplement computed in accordance with s. 112.355
 2011  upon:
 2012         (1) Furnishing to the department of Management Services
 2013  evidence from the Social Security Administration of setting
 2014  forth the retired member’s social security benefit or certifying
 2015  the noninsured status of the retired member under the Social
 2016  Security Act, and
 2017         (2) Filing written application with the Department of
 2018  Management Services for such supplement with the department.
 2019         Section 58. Section 112.358, Florida Statutes, is amended
 2020  to read:
 2021         112.358 Administration of system.—The department of
 2022  Management Services shall adopt make such rules and regulations
 2023  as are necessary for the effective and efficient administration
 2024  of this part act and the cost to pay the expenses of such
 2025  administration is hereby appropriated out of the appropriate
 2026  retirement fund.
 2027         Section 59. Paragraph (g) of subsection (2) of section
 2028  112.361, Florida Statutes, is amended to read:
 2029         112.361 Additional and updated supplemental retirement
 2030  benefits.—
 2031         (2) DEFINITIONS.—As used in this section, unless a
 2032  different meaning is required by the context:
 2033         (g)“Department” means the Department of Management
 2034  Services.
 2035         Section 60. Paragraphs (a) and (b) of subsection (4) of
 2036  section 112.362, Florida Statutes, are amended to read:
 2037         112.362 Recomputation of retirement benefits.—
 2038         (4)(a) Effective July 1, 1980, any person who retired
 2039  before prior to July 1, 1987, under a state-supported retirement
 2040  system with at least not less than 10 years of creditable
 2041  service and who is not receiving or entitled to receive federal
 2042  social security benefits shall, upon reaching 65 years of age
 2043  and upon application to the department of Management Services,
 2044  be entitled to receive a minimum monthly benefit equal to $16.50
 2045  multiplied by the member’s total number of years of creditable
 2046  service and adjusted by the actuarial factor applied to the
 2047  original benefit for optional forms of retirement. Thereafter,
 2048  the minimum monthly benefit shall be recomputed as provided in
 2049  paragraph (5)(a). Application for this minimum monthly benefit
 2050  must shall include certification by the retired member that he
 2051  or she is not receiving and is not entitled to receive social
 2052  security benefits and shall include written authorization giving
 2053  for the department of Management Services to have access to
 2054  information from the Federal Social Security Administration
 2055  concerning the member’s entitlement to or eligibility for social
 2056  security benefits. The minimum benefit may provided by this
 2057  paragraph shall not be paid unless and until the application
 2058  requirements of this paragraph are satisfied.
 2059         (b) Effective July 1, 1978, the surviving spouse or
 2060  beneficiary who is receiving or entitled to receive a monthly
 2061  benefit commencing before prior to July 1, 1987, from the
 2062  account of a any deceased retired member who had completed at
 2063  least 10 years of creditable service shall, at the time the such
 2064  deceased retiree would have reached age 65, if living, and, upon
 2065  application to the department of Management Services, be
 2066  entitled to receive the minimum monthly benefit described in
 2067  paragraph (a), adjusted by the actuarial factor applied to the
 2068  optional form of benefit payable to the said surviving spouse or
 2069  beneficiary, if such provided said person is not receiving or
 2070  entitled to receive federal social security benefits.
 2071  Application for this minimum monthly benefit must shall include
 2072  certification by the surviving spouse or beneficiary that he or
 2073  she is not receiving and is not entitled to receive social
 2074  security benefits and shall include written authorization giving
 2075  for the department of Management Services to have access to
 2076  information from the Federal Social Security Administration
 2077  concerning such person’s entitlement to or eligibility for
 2078  social security benefits. The minimum benefit may provided by
 2079  this paragraph shall not be paid unless and until the
 2080  application requirements of this paragraph are satisfied.
 2081         Section 61. Paragraph (d) of subsection (2) and subsections
 2082  (4), (7), and (8) of section 112.363, Florida Statutes, are
 2083  amended to read:
 2084         112.363 Retiree health insurance subsidy.—
 2085         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
 2086         (d) Payment of the retiree health insurance subsidy shall
 2087  be made only after coverage for health insurance for the retiree
 2088  or beneficiary has been certified in writing to the department
 2089  of Management Services. Participation in a former employer’s
 2090  group health insurance program is not a requirement for
 2091  eligibility under this section. Coverage issued pursuant to s.
 2092  408.9091 is considered health insurance for the purposes of this
 2093  section.
 2094         (4) PAYMENT OF RETIREE HEALTH INSURANCE SUBSIDY.—Beginning
 2095  January 1, 1988, any monthly retiree health insurance subsidy
 2096  amount due and payable under this section shall be paid to
 2097  retired members by the department of Management Services or
 2098  under the direction and control of the department.
 2099         (7) ADMINISTRATION OF SYSTEM.—The department of Management
 2100  Services may adopt such rules and regulations as are necessary
 2101  for the effective and efficient administration of this section.
 2102  The cost of administration shall be appropriated from the trust
 2103  fund.
 2104         (8) CONTRIBUTIONS.—For purposes of funding the insurance
 2105  subsidy provided by this section:
 2106         (a) Beginning October 1, 1987, the employer of each member
 2107  of a state-administered retirement plan shall contribute 0.24
 2108  percent of gross compensation each pay period.
 2109         (b) Beginning January 1, 1989, the employer of each member
 2110  of a state-administered retirement plan shall contribute 0.48
 2111  percent of gross compensation each pay period.
 2112         (c) Beginning January 1, 1994, the employer of each member
 2113  of a state-administered retirement plan shall contribute 0.56
 2114  percent of gross compensation each pay period.
 2115         (d) Beginning January 1, 1995, the employer of each member
 2116  of a state-administered retirement plan shall contribute 0.66
 2117  percent of gross compensation each pay period.
 2118         (e) Beginning July 1, 1998, the employer of each member of
 2119  a state-administered retirement plan shall contribute 0.94
 2120  percent of gross compensation each pay period.
 2121         (f) Beginning July 1, 2001, the employer of each member of
 2122  a state-administered plan shall contribute 1.11 percent of gross
 2123  compensation each pay period.
 2124  
 2125  Such contributions shall be submitted to the department of
 2126  Management Services and deposited in the Retiree Health
 2127  Insurance Subsidy Trust Fund.
 2128         Section 62. Subsections (2) and (4) of section 112.63,
 2129  Florida Statutes, are amended to read:
 2130         112.63 Actuarial reports and statements of actuarial
 2131  impact; review.—
 2132         (2) The frequency of actuarial reports must be at least
 2133  every 3 years commencing from the last actuarial report of the
 2134  plan or system or October 1, 1980, if no actuarial report has
 2135  been issued within the 3-year period prior to October 1, 1979.
 2136  The results of each actuarial report must shall be filed with
 2137  the plan administrator within 60 days after of certification.
 2138  Thereafter, the results of each actuarial report shall be made
 2139  available for inspection upon request. Additionally, each
 2140  retirement system or plan covered by this part act which is not
 2141  administered directly by the Department of Personnel Management
 2142  Services shall furnish a copy of each actuarial report to the
 2143  department of Management Services within 60 days after receipt
 2144  from the actuary. The requirements of this section are
 2145  supplemental to actuarial valuations necessary to comply with
 2146  the requirements of s. 218.39.
 2147         (4) Upon receipt, pursuant to subsection (2), of an
 2148  actuarial report, or upon receipt, pursuant to subsection (3),
 2149  of a statement of actuarial impact, the Department of Personnel
 2150  Management Services shall acknowledge such receipt, but shall
 2151  only review and comment on each retirement system’s or plan’s
 2152  actuarial valuations at least on a triennial basis. If the
 2153  department finds that the actuarial valuation is not complete,
 2154  accurate, or based on reasonable assumptions or otherwise
 2155  materially fails to satisfy the requirements of this part;, if
 2156  the department requires additional material information
 2157  necessary to complete its review of the actuarial valuation of a
 2158  system or plan or material information necessary to satisfy the
 2159  duties of the department pursuant to s. 112.665(1);, or if the
 2160  department does not receive the actuarial report or statement of
 2161  actuarial impact, the department shall notify the administrator
 2162  of the affected retirement system or plan and the affected
 2163  governmental entity and request appropriate adjustment, the
 2164  additional material information, or the required report or
 2165  statement. The notification must inform the administrator of the
 2166  affected retirement system or plan and the affected governmental
 2167  entity of the consequences of failing for failure to comply with
 2168  the requirements of this subsection. If, after a reasonable
 2169  period of time, a satisfactory adjustment is not made or the
 2170  report, statement, or additional material information is not
 2171  provided, the department may notify the Department of Revenue
 2172  and the Department of Financial Services of such noncompliance,
 2173  in which case the Department of Revenue and the Department of
 2174  Financial Services shall withhold any funds not pledged for
 2175  satisfaction of bond debt service which are payable to the
 2176  affected governmental entity until the adjustment is made or the
 2177  report, statement, or additional material information is
 2178  provided to the department. The department shall specify the
 2179  date such action is to begin, and notification by the department
 2180  must be received by the Department of Revenue, the Department of
 2181  Financial Services, and the affected governmental entity 30 days
 2182  before the date the action begins.
 2183         (a) Within 21 days after receipt of the notice, the
 2184  affected governmental entity may petition for a hearing under
 2185  ss. 120.569 and 120.57 with the Department of Personnel
 2186  Management Services. The Department of Revenue and the
 2187  Department of Financial Services may not be parties to any such
 2188  hearing, but may request to intervene if requested by the
 2189  department of Management Services or if the Department of
 2190  Revenue or the Department of Financial Services determines its
 2191  interests may be adversely affected by the hearing. If the
 2192  administrative law judge recommends in favor of the department,
 2193  the department shall perform an actuarial review, prepare the
 2194  statement of actuarial impact, or collect the requested material
 2195  information. The cost to the department of conducting performing
 2196  such actuarial review, preparing the statement, or collecting
 2197  the requested material information shall be charged to the
 2198  affected governmental entity responsible for of which the
 2199  employees are covered by the retirement system or plan. If
 2200  payment of such costs is not received by the department within
 2201  60 days after receipt by the affected governmental entity of the
 2202  request for payment, the department shall certify to the
 2203  Department of Revenue and the Department of Financial Services
 2204  the amount due, and the Department of Revenue and the Department
 2205  of Financial Services shall pay such amount to the department of
 2206  Management Services from any funds not pledged for satisfaction
 2207  of bond debt service which are payable to the affected
 2208  governmental entity of which the employees are covered by the
 2209  retirement system or plan. If the administrative law judge
 2210  recommends in favor of the affected governmental entity and the
 2211  department conducts performs an actuarial review, prepares the
 2212  statement of actuarial impact, or collects the requested
 2213  material information, the cost to the department of performing
 2214  the actuarial review, preparing the statement, or collecting the
 2215  requested material information shall be paid by the department
 2216  of Management Services.
 2217         (b) In the case of an affected special district, the
 2218  Department of Personnel Management Services shall also notify
 2219  the Department of Community Affairs. Upon receipt of
 2220  notification, the Department of Community Affairs shall proceed
 2221  pursuant to the provisions of s. 189.421 with regard to the
 2222  special district.
 2223         Section 63. Subsection (1) of section 112.64, Florida
 2224  Statutes, is amended to read:
 2225         112.64 Administration of funds; amortization of unfunded
 2226  liability.—
 2227         (1) Employee contributions shall be deposited in the
 2228  retirement system or plan at least monthly. Employer
 2229  contributions shall be deposited at least quarterly; however,
 2230  any revenues received from any source by an employer which are
 2231  specifically collected for the purpose of allocation for deposit
 2232  into a retirement system or plan must shall be so deposited
 2233  within 30 days after of receipt by the employer. All employers
 2234  and employees participating in the Florida Retirement System and
 2235  other existing retirement systems that which are administered by
 2236  the Department of Personnel Management Services shall continue
 2237  to make contributions at least monthly.
 2238         Section 64. Section 112.658, Florida Statutes, is amended
 2239  to read:
 2240         112.658 Office of Program Policy Analysis and Government
 2241  Accountability to determine compliance of the Florida Retirement
 2242  System.—
 2243         (1) The Office of Program Policy Analysis and Government
 2244  Accountability shall:
 2245         (1) Determine, through the examination of actuarial
 2246  reviews, financial statements, and the practices and procedures
 2247  of the Department of Personnel Management Services, the
 2248  compliance of the Florida Retirement System with the provisions
 2249  of this part act.
 2250         (2) The Office of Program Policy Analysis and Government
 2251  Accountability shall Employ an independent consulting actuary
 2252  who is an enrolled actuary as defined in this part to assist in
 2253  the determination of compliance.
 2254         (3) The Office of Program Policy Analysis and Government
 2255  Accountability shall Employ the same actuarial standards to
 2256  monitor the Department of Personnel Management that Services as
 2257  the department of Management Services uses to monitor local
 2258  governments.
 2259         Section 65. Subsections (9), (16), and (17) of section
 2260  112.661, Florida Statutes, are amended to read:
 2261         112.661 Investment policies.—Investment of the assets of
 2262  any local retirement system or plan must be consistent with a
 2263  written investment policy adopted by the board. Such policies
 2264  shall be structured to maximize the financial return to the
 2265  retirement system or plan consistent with the risks incumbent in
 2266  each investment and shall be structured to establish and
 2267  maintain an appropriate diversification of the retirement system
 2268  or plan’s assets.
 2269         (9) EXPECTED ANNUAL RATE OF RETURN.—The investment policy
 2270  must shall require that, for each actuarial valuation, the board
 2271  determine the total expected annual rate of return for the
 2272  current year, for each of the next several years, and for the
 2273  long term thereafter. This determination must be filed promptly
 2274  with the Department of Personnel Management Services and with
 2275  the plan’s sponsor and the consulting actuary. The department
 2276  shall use this determination only to notify the board, the
 2277  plan’s sponsor, and consulting actuary only of material
 2278  differences between the total expected annual rate of return and
 2279  the actuarial assumed rate of return.
 2280         (16) FILING OF INVESTMENT POLICY.—Upon adoption by the
 2281  board, the investment policy shall be promptly filed with the
 2282  Department of Personnel Management Services and the plan’s
 2283  sponsor and consulting actuary. The effective date of the
 2284  investment policy, and any amendment thereto, is shall be the
 2285  31st calendar day following the filing date with the plan
 2286  sponsor.
 2287         (17) VALUATION OF ILLIQUID INVESTMENTS.—The investment
 2288  policy must shall provide for the valuation of illiquid
 2289  investments for which a generally recognized market is not
 2290  available or for which there is no consistent or generally
 2291  accepted pricing mechanism. If those investments are used
 2292  utilized, the investment policy must include the criteria set
 2293  forth in s. 215.47(6), except that submission to the Investment
 2294  Advisory Council is not required. The investment policy must
 2295  shall require that, for each actuarial valuation, the board must
 2296  verify the determination of the fair market value for those
 2297  investments and ascertain that the determination complies with
 2298  all applicable state and federal requirements. The investment
 2299  policy must shall require that the board disclose to the
 2300  Department of Personnel Management Services and the plan’s
 2301  sponsor each such investment for which the fair market value is
 2302  not provided.
 2303         Section 66. Section 112.665, Florida Statutes, is amended
 2304  to read:
 2305         112.665 Duties of Department of Personnel Management
 2306  Services.—
 2307         (1) The Department of Personnel Management Services shall:
 2308         (a) Gather, catalog, and maintain complete, computerized
 2309  data information on all public employee retirement systems or
 2310  plans in the state, based upon a review of audits, reports, and
 2311  other data pertaining to the systems or plans;
 2312         (b) Receive and comment upon all actuarial reviews of
 2313  retirement systems or plans maintained by units of local
 2314  government;
 2315         (c) Cooperate with local retirement systems or plans on
 2316  matters of mutual concern and provide technical assistance to
 2317  units of local government in the assessment and revision of
 2318  retirement systems or plans;
 2319         (d) Annually issue, by January 1 annually, a report to the
 2320  President of the Senate and the Speaker of the House of
 2321  Representatives, which report details division activities,
 2322  findings, and recommendations concerning all governmental
 2323  retirement systems. The report may include proposed legislation
 2324  proposed to carry out such recommendations;
 2325         (e) Annually issue, by January 1 annually, a report to the
 2326  Special District Information Program of the Department of
 2327  Community Affairs which that includes the participation in and
 2328  compliance of special districts with the local government
 2329  retirement system provisions in s. 112.63 and the state
 2330  administered retirement system provisions as specified in part I
 2331  of chapter 121; and
 2332         (f) Adopt reasonable rules to administer the provisions of
 2333  this part.
 2334         (2) The Department of Personnel Management may subpoena
 2335  actuarial witnesses, review books and records, hold hearings,
 2336  and take testimony. A witness shall have the right to be
 2337  accompanied by counsel.
 2338         Section 67. Subsection (1) of section 120.65, Florida
 2339  Statutes, is amended to read:
 2340         120.65 Administrative law judges.—
 2341         (1) The Division of Administrative Hearings within the
 2342  Department of Personnel Management Services shall be headed by a
 2343  director who shall be appointed by the Administration Commission
 2344  and confirmed by the Senate. The director, who shall also serve
 2345  as the chief administrative law judge, and any deputy chief
 2346  administrative law judge must possess the same minimum
 2347  qualifications as the administrative law judges employed by the
 2348  division. The Deputy Chief Judge of Compensation Claims must
 2349  possess the minimum qualifications established in s. 440.45(2)
 2350  and shall report to the director. The division shall be a
 2351  separate budget entity, and the director shall be its agency
 2352  head for all purposes. The department of Management Services
 2353  shall provide administrative support and service to the division
 2354  to the extent requested by the director. The division is shall
 2355  not be subject to control, supervision, or direction by the
 2356  department of Management Services in any manner, including, but
 2357  not limited to, personnel, purchasing, transactions involving
 2358  real or personal property, and budgetary matters.
 2359         Section 68. Subsections (4), (5), and (32) of section
 2360  121.021, Florida Statutes, are amended to read:
 2361         121.021 Definitions.—The following words and phrases as
 2362  used in this chapter have the respective meanings set forth
 2363  unless a different meaning is plainly required by the context:
 2364         (4) “Department” means the Department of Personnel
 2365  Management Services.
 2366         (5) “Administrator” means the executive director secretary
 2367  of the Department of Personnel Management Services.
 2368         (32) “State agency” means the Department of Personnel
 2369  Management Services within the provisions and contemplation of
 2370  chapter 650.
 2371         Section 69. Section 121.025, Florida Statutes, is amended
 2372  to read:
 2373         121.025 Administrator; powers and duties.—The executive
 2374  director secretary of the Department of Personnel Management is
 2375  Services shall be the administrator of the retirement and
 2376  pension systems assigned or transferred to the Department of
 2377  Personnel Management Services by law and shall have the
 2378  authority to sign all the contracts necessary to carry out the
 2379  duties and responsibilities assigned by law to the department by
 2380  law of Management Services.
 2381         Section 70. Subsections (1), (2), and (5) of section
 2382  121.031, Florida Statutes, are amended to read:
 2383         121.031 Administration of system; appropriation; oaths;
 2384  actuarial studies; public records.—
 2385         (1) The department may of Management Services has the
 2386  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
 2387  to implement the provisions of law conferring duties upon the
 2388  department and to adopt rules as are necessary for the effective
 2389  and efficient administration of the retirement this system. The
 2390  funds to pay the expenses of administering for administration of
 2391  the system are hereby appropriated from the interest earned on
 2392  investments made for the Retirement System Trust Fund and the
 2393  assessments allowed under chapter 650.
 2394         (2) The department may of Management Services is authorized
 2395  to require oaths, by affidavit or otherwise, and acknowledgments
 2396  from persons in connection with administering the administration
 2397  of its duties and responsibilities under this chapter.
 2398         (5) The names and addresses of retirees are confidential
 2399  and exempt from the provisions of s. 119.07(1) such to the
 2400  extent that a no state or local governmental agency may not
 2401  provide the names or addresses of retirees such persons in
 2402  aggregate, compiled, or list form to any person except to a
 2403  public agency engaged in official business. However, a state or
 2404  local government agency may provide the names and addresses of
 2405  retirees from that agency to a bargaining agent as defined in s.
 2406  447.203(12) or to a retiree organization for official business
 2407  use. Lists of names or addresses of retirees may be exchanged by
 2408  public agencies, but such lists may shall not be provided to, or
 2409  open for inspection by, the public. Any person may view or copy
 2410  an any individual’s retirement records at the department of
 2411  Management Services, one record at a time, or may obtain
 2412  information by a separate written request for a named individual
 2413  for which information is desired.
 2414         Section 71. Paragraph (c) of subsection (1) and paragraph
 2415  (b) of subsection (2) of section 121.051, Florida Statutes, are
 2416  amended to read:
 2417         121.051 Participation in the system.—
 2418         (1) COMPULSORY PARTICIPATION.—
 2419         (c)1. After June 30, 1983, a member of an existing system
 2420  who is reemployed after terminating employment shall have at the
 2421  time of reemployment the option of selecting to remain in the
 2422  existing retirement system or to transfer to the Florida
 2423  Retirement System. Failure to submit such selection in writing
 2424  to the department of Management Services within 6 months of
 2425  reemployment shall result in compulsory membership in the
 2426  Florida Retirement System.
 2427         2. After June 30, 1988, the provisions of subparagraph 1.
 2428  shall not apply to a member of an existing retirement system who
 2429  is reemployed within 12 months after terminating employment.
 2430  Such member shall continue to have membership in the existing
 2431  system upon reemployment and may shall not be permitted to
 2432  become a member of the Florida Retirement System, except by
 2433  transferring to that system as provided in ss. 121.052 and
 2434  121.055.
 2435         (2) OPTIONAL PARTICIPATION.—
 2436         (b)1. The governing body of a any municipality,
 2437  metropolitan planning organization, or special district in the
 2438  state may elect to participate in the Florida Retirement System
 2439  upon proper application to the administrator and may cover all
 2440  or any of its units as approved by the Secretary of Health and
 2441  Human Services and the administrator. The department shall adopt
 2442  rules providing establishing provisions for the submission of
 2443  documents necessary for such application.
 2444         1. Before Prior to being approved for participation in the
 2445  Florida Retirement system, the governing body of any such
 2446  municipality, metropolitan planning organization, or special
 2447  district that has a local retirement system shall submit to the
 2448  administrator a certified financial statement to the
 2449  administrator showing the condition of the local retirement
 2450  system as of a date within 3 months before prior to the proposed
 2451  effective date of membership in the Florida Retirement System.
 2452  The statement must be certified by a recognized accounting firm
 2453  that is independent of the local retirement system. All required
 2454  documents necessary for extending Florida Retirement System
 2455  coverage must be received by the department for consideration at
 2456  least 15 days before prior to the proposed effective date of
 2457  coverage. If the municipality, metropolitan planning
 2458  organization, or special district does not comply with this
 2459  requirement, the department may change require that the
 2460  effective date of coverage be changed.
 2461         2. Any municipality city, metropolitan planning
 2462  organization, or special district that has an existing
 2463  retirement system covering the employees in the units that are
 2464  to be brought under the Florida Retirement System may
 2465  participate only after holding a referendum in which all
 2466  employees in the affected units have the right to participate.
 2467  Only those employees electing coverage under the Florida
 2468  Retirement system by affirmative vote in the said referendum are
 2469  shall be eligible for coverage under this chapter, and those not
 2470  participating or electing not to be covered by the Florida
 2471  Retirement System shall remain in their existing retirement
 2472  present systems and are shall not be eligible for coverage under
 2473  this chapter. After the referendum is held, all future employees
 2474  are shall be compulsory members of the Florida Retirement
 2475  System.
 2476         3. The governing body of a municipality any city,
 2477  metropolitan planning organization, or special district
 2478  complying with subparagraph 1. may elect to provide, or not
 2479  provide, benefits based on past service of officers and
 2480  employees as described in s. 121.081(1). However, if the such
 2481  employer elects to provide past service benefits, such benefits
 2482  must be provided for all officers and employees of its covered
 2483  group.
 2484         4. Once the this election is made and approved it may not
 2485  be revoked, except pursuant to subparagraphs 5. and 6., and all
 2486  present officers and employees electing coverage under this
 2487  chapter and all future officers and employees are shall be
 2488  compulsory members of the Florida Retirement System.
 2489         5. Subject to the conditions set forth in subparagraph 6.,
 2490  the governing body of a any hospital licensed under chapter 395
 2491  which is governed by the board of a special district as defined
 2492  in s. 189.403(1) or by the board of trustees of a public health
 2493  trust created under s. 154.07, hereinafter referred to as
 2494  “hospital district,” and which participates in the system, may
 2495  elect to cease participation in the system with regard to future
 2496  employees in accordance with the following procedure:
 2497         a. No more than 30 days and at least 7 days before adopting
 2498  a resolution to partially withdraw from the Florida Retirement
 2499  System and establish an alternative retirement plan for future
 2500  employees, a public hearing must be held on the proposed
 2501  withdrawal and proposed alternative plan.
 2502         b. From 7 to 15 days before such hearing, notice of intent
 2503  to withdraw, specifying the time and place of the hearing, must
 2504  be provided in writing to employees of the hospital district
 2505  proposing partial withdrawal and must be published in a
 2506  newspaper of general circulation in the area affected, as
 2507  provided by ss. 50.011-50.031. Proof of publication of such
 2508  notice must shall be submitted to the department of Management
 2509  Services.
 2510         c. The governing body of any hospital district seeking to
 2511  partially withdraw from the system must, before such hearing,
 2512  have an actuarial report prepared and certified by an enrolled
 2513  actuary, as defined in s. 112.625(3), illustrating the cost to
 2514  the hospital district of providing, through the retirement plan
 2515  that the hospital district is to adopt, benefits for new
 2516  employees comparable to those provided under the Florida
 2517  Retirement System.
 2518         d. Upon meeting all applicable requirements of this
 2519  subparagraph, and subject to the conditions set forth in
 2520  subparagraph 6., partial withdrawal from the system and adoption
 2521  of the alternative retirement plan may be accomplished by
 2522  resolution duly adopted by the hospital district board. The
 2523  hospital district board must provide written notice of such
 2524  withdrawal to the division by mailing a copy of the resolution
 2525  to the division, postmarked by no later than December 15, 1995.
 2526  The withdrawal shall take effect January 1, 1996.
 2527         6. Following the adoption of a resolution under sub
 2528  subparagraph 5.d., all employees of the withdrawing hospital
 2529  district who were participants in the Florida Retirement System
 2530  before prior to January 1, 1996, shall remain as participants in
 2531  the system for as long as they are employees of the hospital
 2532  district, and all rights, duties, and obligations between the
 2533  hospital district, the system, and the employees shall remain in
 2534  full force and effect. Any employee who is hired or appointed on
 2535  or after January 1, 1996, may not participate in the Florida
 2536  Retirement System, and the withdrawing hospital district has
 2537  shall have no obligation to the system with respect to such
 2538  employees.
 2539         Section 72. Subsection (2) of section 121.0511, Florida
 2540  Statutes, is amended to read:
 2541         121.0511 Revocation of election and alternative plan.—The
 2542  governing body of any municipality or independent special
 2543  district that has elected to participate in the Florida
 2544  Retirement System may revoke its election in accordance with the
 2545  following procedure:
 2546         (2) At least 7 days, but not more than 15 days, before the
 2547  hearing, notice of intent to revoke, specifying the time and
 2548  place of the hearing, must be published in a newspaper of
 2549  general circulation in the area affected, as provided by ss.
 2550  50.011-50.031. Proof of publication of the notice must be
 2551  submitted to the department of Management Services.
 2552         Section 73. Paragraph (b) of subsection (3) of section
 2553  121.0515, Florida Statutes, is amended to read:
 2554         121.0515 Special risk membership.—
 2555         (3) PROCEDURE FOR DESIGNATING.—
 2556         (b)1. Applying the criteria set forth in this section, the
 2557  department of Management Services shall determine specify which
 2558  current and newly created classes of positions under the uniform
 2559  classification plan established pursuant to chapter 110 entitle
 2560  the incumbents of positions in those classes to membership in
 2561  the Special Risk Class. Only employees employed in the classes
 2562  so specified shall be special risk members.
 2563         2.If When a class is determined not to be in the Special
 2564  Risk Class specified by the department as provided in
 2565  subparagraph 1., the employing agency may petition the State
 2566  Retirement Commission for approval in accordance with s. 121.23.
 2567         Section 74. Paragraphs (b) and (h) of subsection (1) and
 2568  paragraph (a) of subsection (6) of section 121.055, Florida
 2569  Statutes, are amended to read:
 2570         121.055 Senior Management Service Class.—There is hereby
 2571  established a separate class of membership within the Florida
 2572  Retirement System to be known as the “Senior Management Service
 2573  Class,” which shall become effective February 1, 1987.
 2574         (1)
 2575         (b)1. Except as provided in subparagraph 2., effective
 2576  January 1, 1990, participation in the Senior Management Service
 2577  Class is shall be compulsory for the president of each community
 2578  college, the manager of each participating city or county, and
 2579  all appointed district school superintendents. Effective January
 2580  1, 1994, additional positions may be included designated for
 2581  inclusion in the Senior Management Service Class. of the Florida
 2582  Retirement System, provided that:
 2583         a. The positions must to be included in the class shall be
 2584  designated by the local agency employer. Notice of intent to
 2585  designate positions for inclusion in the class must shall be
 2586  published once a week for 2 consecutive weeks in a newspaper of
 2587  general circulation published in the county or counties
 2588  affected, as provided in chapter 50.
 2589         b. Up to 10 nonelective full-time positions may be
 2590  designated for each local agency employer reporting to the
 2591  department. of Management Services; For local agencies with 100
 2592  or more regularly established positions, additional nonelective
 2593  full-time positions may be designated, not to exceed 1 percent
 2594  of the regularly established positions within the agency.
 2595         c. Each position added to the class must be a managerial or
 2596  policymaking position filled by an employee who is not subject
 2597  to continuing contract; who and serves at the pleasure of the
 2598  local agency employer without civil service protection;, and
 2599  who:
 2600         (I) heads an organizational unit; or
 2601         (II) has authority responsibility to effect or recommend
 2602  personnel, budget, expenditure, or policy decisions in his or
 2603  her areas of responsibility.
 2604         2. In lieu of participation in the Senior Management
 2605  Service Class, members of the Senior Management Service class
 2606  under pursuant to the provisions of subparagraph 1. may withdraw
 2607  from the Florida Retirement System altogether. The decision to
 2608  withdraw from the Florida Retirement System is shall be
 2609  irrevocable for as long as the employee holds the such a
 2610  position. Any service creditable under the Senior Management
 2611  Service Class shall be retained after the member withdraws from
 2612  the Florida Retirement system; however, additional service
 2613  credit in the Senior Management Service Class may shall not be
 2614  earned after such withdrawal. Such members may shall not be
 2615  eligible to participate in the Senior Management Service
 2616  Optional Annuity Program.
 2617         3. Effective January 1, 2006, through June 30, 2006, an
 2618  employee who has withdrawn from the Florida Retirement System
 2619  under subparagraph 2. has one opportunity to elect to
 2620  participate in either the defined benefit program or the defined
 2621  contribution Public Employee Optional Retirement program of the
 2622  Florida Retirement System.
 2623         a. If the employee elects to participate in the defined
 2624  contribution Public Employee Optional Retirement program,
 2625  membership is shall be prospective, and the applicable
 2626  provisions of s. 121.4501(4) shall govern the election.
 2627         b. If the employee elects to participate in the defined
 2628  benefit program of the Florida Retirement System, the employee
 2629  shall, upon payment to the system trust fund of the amount
 2630  calculated under sub-sub-subparagraph (I), receive service
 2631  credit for prior service based upon the time during which the
 2632  employee had withdrawn from the system.
 2633         (I) The cost for such credit shall be an amount
 2634  representing the actuarial accrued liability for the affected
 2635  period of service. The cost shall be calculated using the
 2636  discount rate and other relevant actuarial assumptions that were
 2637  used to value the Florida Retirement System defined benefit plan
 2638  liabilities in the most recent actuarial valuation. The
 2639  calculation must shall include any service already maintained
 2640  under the defined benefit plan in addition to the period of
 2641  withdrawal. The actuarial accrued liability attributable to any
 2642  service already maintained under the defined benefit plan is
 2643  shall be applied as a credit to the total cost resulting from
 2644  the calculation. The division shall ensure that the transfer sum
 2645  is prepared using a formula and methodology certified by an
 2646  actuary.
 2647         (II) The employee must transfer a sum representing the net
 2648  cost owed for the actuarial accrued liability in sub-sub
 2649  subparagraph (I) immediately following the time of such
 2650  movement, determined assuming that attained service equals the
 2651  sum of service in the defined benefit program and the period of
 2652  withdrawal.
 2653         (h)1. Except as provided in subparagraph 3., effective
 2654  January 1, 1994, participation in the Senior Management Service
 2655  Class is shall be compulsory for the State Courts Administrator
 2656  and the Deputy State Courts Administrators, the Clerk of the
 2657  Supreme Court, the Marshal of the Supreme Court, the Executive
 2658  Director of the Justice Administrative Commission, the capital
 2659  collateral regional counsel, the clerks of the district courts
 2660  of appeals, the marshals of the district courts of appeals, and
 2661  the trial court administrator and the Chief Deputy Court
 2662  Administrator in each judicial circuit. Effective January 1,
 2663  1994, additional positions in the offices of the state attorney
 2664  and public defender in each judicial circuit may be designated
 2665  for inclusion in the Senior Management Service class of the
 2666  Florida Retirement System, provided that:
 2667         a. The positions must to be included in the class shall be
 2668  designated by the state attorney or public defender, as
 2669  appropriate. Notice of intent to designate positions for
 2670  inclusion in the class must shall be published once a week for 2
 2671  consecutive weeks in a newspaper of general circulation
 2672  published in the county or counties affected, as provided in
 2673  chapter 50.
 2674         b. One nonelective full-time position may be designated for
 2675  each state attorney and public defender reporting to the
 2676  department of Management Services; for agencies with 200 or more
 2677  regularly established positions under the state attorney or
 2678  public defender, additional nonelective full-time positions may
 2679  be designated, not to exceed 0.5 percent of the regularly
 2680  established positions within the agency.
 2681         c. Each position added to the class must be a managerial or
 2682  policymaking position filled by an employee who serves at the
 2683  pleasure of the state attorney or public defender without civil
 2684  service protection, and who:
 2685         (I) heads an organizational unit; or
 2686         (II) has authority responsibility to effect or recommend
 2687  personnel, budget, expenditure, or policy decisions in his or
 2688  her areas of responsibility.
 2689         2. Participation in this class is shall be compulsory,
 2690  except as provided in subparagraph 3., for any judicial employee
 2691  who holds a position designated for coverage in the Senior
 2692  Management Service Class, and such participation continues shall
 2693  continue until the employee terminates employment in a covered
 2694  position. Effective January 1, 2001, participation in this class
 2695  is compulsory for assistant state attorneys, assistant statewide
 2696  prosecutors, assistant public defenders, and assistant capital
 2697  collateral regional counsel. Effective January 1, 2002,
 2698  participation in this class is compulsory for assistant
 2699  attorneys general.
 2700         3. In lieu of participation in the Senior Management
 2701  Service Class, such members, excluding assistant state
 2702  attorneys, assistant public defenders, assistant statewide
 2703  prosecutors, assistant attorneys general, and assistant capital
 2704  collateral regional counsel, may participate in the Senior
 2705  Management Service Optional Annuity Program as established in
 2706  subsection (6).
 2707         (6)(a) Senior Management Service Optional Annuity Program.
 2708  The department of Management Services shall establish a Senior
 2709  Management Service Optional Annuity Program under which
 2710  contracts providing retirement, death, and disability benefits
 2711  may be purchased for those employees who elect to participate in
 2712  the optional annuity program. The benefits to be provided for or
 2713  on behalf of participants must in such optional annuity program
 2714  shall be provided through individual contracts or individual
 2715  certificates issued for group annuity contracts, which may be
 2716  fixed, variable, or a combination thereof, in accordance with s.
 2717  401(a) of the Internal Revenue Code. Any such individual
 2718  contract or certificate must shall state the annuity plan on its
 2719  face page, and shall include, but not be limited to, a statement
 2720  of ownership, the contract benefits, annuity income options,
 2721  limitations, expense charges, and surrender charges, if any. The
 2722  employing agency shall contribute, as provided in this section,
 2723  toward the purchase of the such optional benefits which shall be
 2724  fully and immediately vested in the participants.
 2725         Section 75. Section 121.1815, Florida Statutes, is amended
 2726  to read:
 2727         121.1815 Special pensions to individuals; administration of
 2728  laws by Department of Management Services.—All powers, duties,
 2729  and functions related to the administration of laws providing
 2730  special pensions to individuals, including chapter 18054, Laws
 2731  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as
 2732  amended by chapter 57-871, Laws of Florida; chapter 26836, Laws
 2733  of Florida, 1951; and chapter 63-953, Laws of Florida, are
 2734  vested in the department. All laws hereinafter enacted by the
 2735  Legislature pertaining to special pensions for individuals shall
 2736  be administered by the department, unless contrary provisions
 2737  are contained in such law. Upon the death of any person
 2738  receiving a monthly pension under this section, the monthly
 2739  pension shall be paid through the last day of the month of death
 2740  and shall terminate on that date, unless contrary provisions are
 2741  contained in the special pension law.
 2742         Section 76. Section 121.1905, Florida Statutes, is
 2743  repealed.
 2744         Section 77. Section 121.192, Florida Statutes, is amended
 2745  to read:
 2746         121.192 State retirement actuary.—The department may employ
 2747  an actuary. Such actuary shall, Together with such other duties
 2748  as the executive director secretary may assign, the actuary
 2749  shall be responsible for:
 2750         (1) Advising the executive director secretary on actuarial
 2751  matters of the state retirement systems.
 2752         (2) Making periodic valuations of the retirement systems.
 2753         (3) Providing actuarial analyses to the Legislature
 2754  concerning proposed changes in the retirement systems.
 2755         (4) Assisting the executive director secretary in
 2756  developing a sound and modern retirement system.
 2757         Section 78. Subsection (1) of section 121.22, Florida
 2758  Statutes, is amended to read:
 2759         121.22 State Retirement Commission; creation; membership;
 2760  compensation.—
 2761         (1) The There is created within the Department of
 2762  Management Services a State Retirement Commission is created
 2763  within the department, composed of five members: Two members who
 2764  are retired under a state-supported retirement system
 2765  administered by the department; two members who are active
 2766  members of a state-supported retirement system that is
 2767  administered by the department; and one member who is neither a
 2768  retiree, beneficiary, or member of a state-supported retirement
 2769  system administered by the department. Each member shall have a
 2770  different occupational background from the other members.
 2771         Section 79. Subsection (1) of section 121.23, Florida
 2772  Statutes, is amended to read:
 2773         121.23 Disability retirement and special risk membership
 2774  applications; Retirement Commission; powers and duties; judicial
 2775  review.—The provisions of this section apply to all proceedings
 2776  in which the administrator has made a written final decision on
 2777  the merits respecting applications for disability retirement,
 2778  reexamination of retired members receiving disability benefits,
 2779  applications for special risk membership, and reexamination of
 2780  special risk members in the Florida Retirement System. The
 2781  jurisdiction of the State Retirement Commission under this
 2782  section shall be limited to written final decisions of the
 2783  administrator on the merits.
 2784         (1) In accordance with the rules of procedure adopted by
 2785  the department of Management Services, the administrator shall:
 2786         (a) Give reasonable notice of his or her proposed action,
 2787  or decision to refuse action, together with a summary of the
 2788  factual, legal, and policy grounds for the action therefor.
 2789         (b) Give affected members, or their counsel, an opportunity
 2790  to present to the division written evidence in opposition to the
 2791  proposed action or refusal to act or a written statement
 2792  challenging the grounds upon which the administrator has chosen
 2793  to justify his or her action or inaction.
 2794         (c) If the objections of the member are overruled, provide
 2795  a written explanation within 21 days.
 2796         Section 80. Subsections (2), (3), and (4) of section
 2797  121.24, Florida Statutes, are amended to read:
 2798         121.24 Conduct of commission business; legal and other
 2799  assistance; compensation.—
 2800         (2) Legal counsel for the commission may be provided by the
 2801  department or the Department of Legal Affairs or by the
 2802  Department of Management Services, with the concurrence of the
 2803  commission, and shall be paid by the department of Management
 2804  Services from the appropriate funds.
 2805         (3) The department of Management Services shall provide
 2806  timely and appropriate training for newly appointed members of
 2807  the commission. Such training shall be designed to acquaint new
 2808  members of the commission with the duties and responsibilities
 2809  of the commission.
 2810         (4) The department of Management Services shall furnish
 2811  administrative and secretarial assistance to the commission and
 2812  shall provide a place where the commission may hold its
 2813  meetings.
 2814         Section 81. Subsection (1) and paragraphs (c) and (d) of
 2815  subsection (2) of section 121.35, Florida Statutes, are amended
 2816  to read:
 2817         121.35 Optional retirement program for the State University
 2818  System.—
 2819         (1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The department
 2820  of Management Services shall establish an optional retirement
 2821  program under which contracts providing retirement and death
 2822  benefits may be purchased for eligible members of the State
 2823  University System who elect to participate in the program. The
 2824  benefits to be provided for or on behalf of participants in such
 2825  optional retirement program shall be provided through individual
 2826  contracts or individual certificates issued for group annuity or
 2827  other contracts, which may be fixed, variable, or a combination
 2828  thereof, in accordance with s. 403(b) of the Internal Revenue
 2829  Code. An Any individual contract or certificate must shall state
 2830  the annuity plan on its face page, and shall include, but not be
 2831  limited to, a statement of ownership, the contract benefits,
 2832  annuity income options, limitations, expense charges, and
 2833  surrender charges, if any. The state shall contribute, as
 2834  provided in this section, toward the purchase of such optional
 2835  benefits.
 2836         (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.—
 2837         (c)For purposes of this section, the Department of
 2838  Management Services is referred to as the “department.”
 2839         (c)(d) For purposes of this section, the authority granted
 2840  to the Board of Governors of the State University System may be
 2841  exercised by the Board of Governors or by the Chancellor of the
 2842  State University System.
 2843         Section 82. Subsections (3) and (13) of section 121.40,
 2844  Florida Statutes, are amended to read:
 2845         121.40 Cooperative extension personnel at the Institute of
 2846  Food and Agricultural Sciences; supplemental retirement
 2847  benefits.—
 2848         (3) DEFINITIONS.—The definitions provided in s. 121.021 do
 2849  shall not apply to this program unless except when specifically
 2850  cited. For the purposes of this section, the term the following
 2851  words or phrases have the respective meanings set forth:
 2852         (a) “Institute” means the Institute of Food and
 2853  Agricultural Sciences of the University of Florida.
 2854         (b)“Department” means the Department of Management
 2855  Services.
 2856         (b)(c) “Participant” means any employee of the institute
 2857  who is eligible to receive a supplemental benefit under this
 2858  program as provided in subsection (4).
 2859         (c)(d) “Trust fund” means the Florida Retirement System
 2860  Trust Fund.
 2861         (d)(e) “Creditable service” means any service after
 2862  subsequent to December 1, 1970, with the institute as a
 2863  cooperative extension employee holding both state and federal
 2864  appointments, that is credited for retirement purposes by the
 2865  institute toward a federal Civil Service Retirement System
 2866  annuity.
 2867         (13) ADMINISTRATION OF PROGRAM.—The Department of Personnel
 2868  Management:
 2869         (a) The Department Shall adopt make such rules as are
 2870  necessary for the effective and efficient administration of this
 2871  program. The executive director secretary of the department is
 2872  shall be the administrator of the program. The funds to pay the
 2873  expenses for such administration shall be appropriated from the
 2874  interest earned on investments made for the Florida Retirement
 2875  System Trust Fund.
 2876         (b) The Department May require oaths, by affidavit or
 2877  otherwise, and acknowledgments from persons in connection with
 2878  the administration of its duties and responsibilities under this
 2879  section.
 2880         Section 83. Paragraphs (d) through (m) of subsection (2),
 2881  paragraph (b) of subsection (8), paragraph (h) of subsection
 2882  (10), and subsection (19) of section 121.4501, Florida Statutes,
 2883  is amended to read:
 2884         121.4501 Public Employee Optional Retirement Program.—
 2885         (2) DEFINITIONS.—As used in this part, the term:
 2886         (d)“Department” means the Department of Management
 2887  Services.
 2888         (d)(e) “Division” means the Division of Retirement within
 2889  the department of Management Services.
 2890         (e)(f) “Eligible employee” means an officer or employee, as
 2891  defined in s. 121.021, who:
 2892         1. Is a member of, or is eligible for membership in, the
 2893  Florida Retirement System, including any renewed member of the
 2894  Florida Retirement System initially enrolled before July 1,
 2895  2010; or
 2896         2. Participates in, or is eligible to participate in, the
 2897  Senior Management Service Optional Annuity Program as
 2898  established under s. 121.055(6), the State Community College
 2899  System Optional Retirement Program as established under s.
 2900  121.051(2)(c), or the State University System Optional
 2901  Retirement Program established under s. 121.35.
 2902  
 2903  The term does not include any member participating in the
 2904  Deferred Retirement Option Program established under s.
 2905  121.091(13), a retiree of a state-administered retirement system
 2906  initially reemployed on or after July 1, 2010, or a mandatory
 2907  participant of the State University System Optional Retirement
 2908  Program established under s. 121.35.
 2909         (f)(g) “Employer” means an employer, as defined in s.
 2910  121.021(10), of an eligible employee.
 2911         (g)(h) “Participant” means an eligible employee who is
 2912  enrolled elects to participate in the Public Employee Optional
 2913  Retirement Program and enrolls in such optional program as
 2914  provided in subsection (4) or a terminated Deferred Retirement
 2915  Option Program participant as described in subsection (21).
 2916         (h)(i) “Public Employee Optional Retirement Program,”
 2917  “optional program,” or “optional retirement program” means the
 2918  alternative defined contribution retirement program established
 2919  under this section.
 2920         (i)(j) “Retiree” means a former participant of the Florida
 2921  Retirement System Public Employee optional retirement program
 2922  who has terminated employment and has taken a distribution as
 2923  provided in s. 121.591, except for a mandatory distribution of a
 2924  de minimis account authorized by the state board.
 2925         (k)“State board” or “board” means the State Board of
 2926  Administration.
 2927         (l)“Trustees” means Trustees of the State Board of
 2928  Administration.
 2929         (j)(m) “Vested” or “vesting” means the guarantee that a
 2930  participant is eligible to receive a retirement benefit upon
 2931  completion of the required years of service under the Public
 2932  Employee Optional Retirement Program.
 2933         (8) ADMINISTRATION OF PROGRAM.—
 2934         (b)1. The state board shall select and contract with a one
 2935  third-party administrator to provide administrative services if
 2936  those services cannot be competitively and contractually
 2937  provided by the division of Retirement within the Department of
 2938  Management Services. With the approval of the state board, the
 2939  third-party administrator may subcontract with other
 2940  organizations or individuals to provide components of the
 2941  administrative services. As a cost of administration, the state
 2942  board may compensate any such contractor for its services, in
 2943  accordance with the terms of the contract, as is deemed
 2944  necessary or proper by the board. The third-party administrator
 2945  may not be an approved provider or be affiliated with an
 2946  approved provider.
 2947         2. These administrative services may include, but are not
 2948  limited to, enrollment of eligible employees, collection of
 2949  employer contributions, disbursement of such contributions to
 2950  approved providers in accordance with the allocation directions
 2951  of participants; services relating to consolidated billing;
 2952  individual and collective recordkeeping and accounting; asset
 2953  purchase, control, and safekeeping; and direct disbursement of
 2954  funds to and from the third-party administrator, the division,
 2955  the board, employers, participants, approved providers, and
 2956  beneficiaries. This section does not prevent or prohibit a
 2957  bundled provider from providing any administrative or customer
 2958  service, including accounting and administration of individual
 2959  participant benefits and contributions; individual participant
 2960  recordkeeping; asset purchase, control, and safekeeping; direct
 2961  execution of the participant’s instructions as to asset and
 2962  contribution allocation; calculation of daily net asset values;
 2963  direct access to participant account information; or periodic
 2964  reporting to participants, at least quarterly, on account
 2965  balances and transactions, if these services are authorized by
 2966  the board as part of the contract.
 2967         3. The state board shall select and contract with one or
 2968  more organizations to provide educational services. With
 2969  approval of the state board, the organizations may subcontract
 2970  with other organizations or individuals to provide components of
 2971  the educational services. As a cost of administration, the state
 2972  board may compensate any such contractor for its services in
 2973  accordance with the terms of the contract, as is deemed
 2974  necessary or proper by the board. The education organization may
 2975  not be an approved provider or be affiliated with an approved
 2976  provider.
 2977         4. Educational services shall be designed by the state
 2978  board and department to assist employers, eligible employees,
 2979  participants, and beneficiaries in order to maintain compliance
 2980  with United States Department of Labor regulations under s.
 2981  404(c) of the Employee Retirement Income Security Act of 1974
 2982  and to assist employees in their choice of a defined benefit or
 2983  defined contribution retirement program alternatives.
 2984  Educational services include, but are not limited to,
 2985  disseminating educational materials; providing retirement
 2986  planning education; explaining the differences between the
 2987  defined benefit retirement plan and the defined contribution
 2988  retirement programs plan; and offering financial planning
 2989  guidance on matters such as investment diversification,
 2990  investment risks, investment costs, and asset allocation. An
 2991  approved provider may also provide educational information,
 2992  including retirement planning and investment allocation
 2993  information concerning its products and services.
 2994         (10) EDUCATION COMPONENT.—
 2995         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 2996  System employers have an obligation to regularly communicate the
 2997  existence of the two Florida Retirement System plans and the
 2998  plan choice in the natural course of administering their
 2999  personnel functions, using the educational materials supplied by
 3000  the state board and the department of Management Services.
 3001         (19) PARTICIPANT RECORDS.—Personal identifying information
 3002  of a participant in the Public Employee Optional Retirement
 3003  Program contained in Florida Retirement System records held by
 3004  the State Board of Administration or the department of
 3005  Management Services is exempt from s. 119.07(1) and s. 24(a),
 3006  Art. I of the State Constitution.
 3007         Section 84. Section 121.4503, Florida Statutes, is amended
 3008  to read:
 3009         121.4503 Florida Retirement System Contributions Clearing
 3010  Trust Fund.—
 3011         (1) The Florida Retirement System Contributions Clearing
 3012  Trust Fund is created as a clearing fund for disbursing employer
 3013  contributions to the component plans of the Florida Retirement
 3014  System and shall be administered by the department of Management
 3015  Services. Funds shall be credited to the trust fund as provided
 3016  in this chapter and shall be held in trust for the contributing
 3017  employers until such time as the assets are transferred by the
 3018  department to the Florida Retirement System Trust Fund, the
 3019  Public Employee Optional Retirement Program Trust Fund, or other
 3020  trust funds as authorized by law, to be used for the purposes of
 3021  this chapter. The trust fund is exempt from the service charges
 3022  imposed by s. 215.20.
 3023         (2) The Florida Retirement System Contributions Clearing
 3024  Trust Fund is a clearing trust fund of the department of
 3025  Management Services pursuant to s. 19(f), Art. III of the State
 3026  Constitution, and is not subject to termination.
 3027         (3) The department of Management Services may adopt rules
 3028  governing the receipt and disbursement of amounts received by
 3029  the Florida Retirement System Contributions Clearing Trust Fund
 3030  from employers contributing to the component plans of the
 3031  Florida Retirement System.
 3032         Section 85. Section 121.591, Florida Statutes, is amended
 3033  to read:
 3034         121.591 Payment of benefits payable under the Public
 3035  Employee Optional Retirement Program of the Florida Retirement
 3036  System.—Benefits may not be paid under this section unless the
 3037  member has terminated employment as provided in s.
 3038  121.021(39)(a) or is deceased and a proper application has been
 3039  filed as in the manner prescribed by the state board or the
 3040  department. The state board or department, as appropriate, may
 3041  cancel an application for retirement benefits if when the member
 3042  or beneficiary fails to timely provide the information and
 3043  documents required by this chapter and the rules of the state
 3044  board and department. In accordance with their respective
 3045  responsibilities as provided herein, the state board of
 3046  Administration and the department of Management Services shall
 3047  adopt rules establishing procedures for application for
 3048  retirement benefits and for the cancellation of such application
 3049  if when the required information or documents are not received.
 3050  The state board of Administration and the department of
 3051  Management Services, as appropriate, are authorized to cash out
 3052  a de minimis account of a participant who has been terminated
 3053  from Florida Retirement System covered employment for a minimum
 3054  of 6 calendar months. A de minimis account is an account
 3055  containing employer contributions and accumulated earnings of
 3056  not more than $5,000 made under the provisions of this chapter.
 3057  Such cash-out must either be a complete lump-sum liquidation of
 3058  the account balance, subject to the provisions of the Internal
 3059  Revenue Code, or a lump-sum direct rollover distribution paid
 3060  directly to the custodian of an eligible retirement plan, as
 3061  defined by the Internal Revenue Code, on behalf of the
 3062  participant. If any financial instrument issued for the payment
 3063  of retirement benefits under this section is not presented for
 3064  payment within 180 days after the last day of the month in which
 3065  it was originally issued, the third-party administrator or other
 3066  duly authorized agent of the state board of Administration shall
 3067  cancel the instrument and credit the amount of the instrument to
 3068  the suspense account of the Public Employee Optional Retirement
 3069  Program Trust Fund authorized under s. 121.4501(6). Any such
 3070  amounts transferred to the suspense account are payable upon a
 3071  proper application, not to include earnings thereon, as provided
 3072  in this section, within 10 years after the last day of the month
 3073  in which the instrument was originally issued, after which time
 3074  such amounts and any earnings are thereon shall be forfeited.
 3075  Any such forfeited amounts are assets of the Public Employee
 3076  Optional Retirement Program Trust Fund and are not subject to
 3077  the provisions of chapter 717.
 3078         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 3079  Retirement Program:
 3080         (a) Benefits in the form of vested accumulations as
 3081  described in s. 121.4501(6) are payable under this subsection in
 3082  accordance with the following terms and conditions:
 3083         1. To the extent vested, Benefits are payable only to a
 3084  participant.
 3085         2. Benefits shall be paid by the third-party administrator
 3086  or designated approved providers in accordance with the law, the
 3087  contracts, and any applicable state board rule or policy.
 3088         3. To receive benefits, The participant must be terminated
 3089  from all employment with all Florida Retirement System
 3090  employers, as provided in s. 121.021(39).
 3091         4. Benefit payments may not be made until the participant
 3092  has been terminated for 3 calendar months, except that the state
 3093  board may authorize by rule for the distribution of up to 10
 3094  percent of the participant’s account after being terminated for
 3095  1 calendar month if the participant has reached the normal
 3096  retirement date as defined in s. 121.021 of the defined benefit
 3097  plan.
 3098         5. If a member or former member of the Florida Retirement
 3099  System receives an invalid distribution from the Public Employee
 3100  Optional Retirement Program Trust Fund, such person must repay
 3101  the full amount invalid distribution to the trust fund within 90
 3102  days after receipt of final notification by the state board or
 3103  the third-party administrator that the distribution was invalid.
 3104  If such person fails to repay the full invalid distribution
 3105  within 90 days after receipt of final notification, the person
 3106  may be deemed retired from the optional retirement program by
 3107  the state board, as provided pursuant to s. 121.4501(2)(j), and
 3108  is subject to s. 121.122. If such person is deemed retired by
 3109  the state board, any joint and several liability set out in s.
 3110  121.091(9)(d)2. is becomes null and void, and the state board,
 3111  the department, or the employing agency is not liable for gains
 3112  on payroll contributions that have not been deposited to the
 3113  person’s account in the retirement program, pending resolution
 3114  of the invalid distribution. The member or former member who has
 3115  been deemed retired or who has been determined by the board to
 3116  have taken an invalid distribution may appeal the agency
 3117  decision through the complaint process as provided under s.
 3118  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
 3119  distribution” means any distribution from an account in the
 3120  optional retirement program which is taken in violation of this
 3121  section, s. 121.091(9), or s. 121.4501.
 3122         (b) If a participant elects to receive his or her benefits
 3123  upon termination of employment as defined in s. 121.021, the
 3124  participant must submit a written application or an equivalent
 3125  form to the third-party administrator indicating his or her
 3126  preferred distribution date and selecting an authorized method
 3127  of distribution as provided in paragraph (c). The participant
 3128  may defer receipt of benefits until he or she chooses to make
 3129  such application, subject to federal requirements.
 3130         (c) Upon receipt by the third-party administrator of a
 3131  properly executed application for distribution of benefits, the
 3132  total accumulated benefit is shall be payable to the
 3133  participant, as:
 3134         1. A lump-sum distribution to the participant;
 3135         2. A lump-sum direct rollover distribution whereby all
 3136  accrued benefits, plus interest and investment earnings, are
 3137  paid from the participant’s account directly to the custodian of
 3138  an eligible retirement plan, as defined in s. 402(c)(8)(B) of
 3139  the Internal Revenue Code, on behalf of the participant; or
 3140         3. Periodic distributions, as authorized by the state
 3141  board.
 3142         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 3143  this subsection are payable in lieu of the benefits that which
 3144  would otherwise be payable under the provisions of subsection
 3145  (1). Such benefits must shall be funded entirely from employer
 3146  contributions made under s. 121.571, transferred participant
 3147  funds accumulated pursuant to paragraph (a), and interest and
 3148  earnings thereon. Pursuant thereto:
 3149         (a) Transfer of funds.—To qualify for to receive monthly
 3150  disability benefits under this subsection:
 3151         1. All moneys accumulated in the participant’s Public
 3152  Employee Optional Retirement Program accounts, including vested
 3153  and nonvested accumulations as described in s. 121.4501(6), must
 3154  shall be transferred from such individual accounts to the
 3155  division of Retirement for deposit in the disability account of
 3156  the Florida Retirement System Trust Fund. Such moneys must shall
 3157  be separately accounted for separately. Earnings must shall be
 3158  credited on an annual basis for amounts held in the disability
 3159  accounts of the Florida Retirement System Trust Fund based on
 3160  actual earnings of the Florida Retirement System trust fund.
 3161         2. If the participant has retained retirement credit he or
 3162  she had earned under the defined benefit program of the Florida
 3163  Retirement System as provided in s. 121.4501(3)(b), a sum
 3164  representing the actuarial present value of such credit within
 3165  the Florida Retirement System Trust Fund shall be reassigned by
 3166  the division of Retirement from the defined benefit program to
 3167  the disability program as implemented under this subsection and
 3168  shall be deposited in the disability account of the Florida
 3169  Retirement System Trust Fund. Such moneys must shall be
 3170  separately accounted for separately.
 3171         (b) Disability retirement; entitlement.—
 3172         1. A participant of the Public Employee Optional Retirement
 3173  Program who becomes totally and permanently disabled, as defined
 3174  in paragraph (d) s. 121.091(4)(b), after completing 8 years of
 3175  creditable service, or a participant who becomes totally and
 3176  permanently disabled in the line of duty regardless of his or
 3177  her length of service, is shall be entitled to a monthly
 3178  disability benefit as provided herein.
 3179         2. In order for service to apply toward the 8 years of
 3180  creditable service required to vest for regular disability
 3181  benefits, or toward the creditable service used in calculating a
 3182  service-based benefit as provided for under paragraph (g), the
 3183  service must be creditable service as described below:
 3184         a. The participant’s period of service under the Public
 3185  Employee Optional Retirement Program is will be considered
 3186  creditable service, except as provided in subparagraph d.
 3187         b. If the participant has elected to retain credit for his
 3188  or her service under the defined benefit program of the Florida
 3189  Retirement System as provided under s. 121.4501(3)(b), all such
 3190  service is will be considered creditable service.
 3191         c. If the participant elects has elected to transfer to his
 3192  or her participant accounts a sum representing the present value
 3193  of his or her retirement credit under the defined benefit
 3194  program as provided under s. 121.4501(3)(c), the period of
 3195  service under the defined benefit program represented in the
 3196  present value amounts transferred is will be considered
 3197  creditable service for purposes of vesting for disability
 3198  benefits, except as provided in subparagraph d.
 3199         d. Whenever a participant has terminated employment and has
 3200  taken distribution of his or her funds as provided in subsection
 3201  (1), all creditable service represented by such distributed
 3202  funds is forfeited for purposes of this subsection.
 3203         (c) Disability retirement effective date.—The effective
 3204  retirement date for a participant who applies and is approved
 3205  for disability retirement shall be established as provided under
 3206  s. 121.091(4)(a)2. and 3.
 3207         (d) Total and permanent disability.—A participant shall be
 3208  considered totally and permanently disabled if, in the opinion
 3209  of the division, he or she is prevented, by reason of a
 3210  medically determinable physical or mental impairment, from
 3211  rendering useful and efficient service as an officer or
 3212  employee.
 3213         (e) Proof of disability.The division, Before approving
 3214  payment of any disability retirement benefit, the division shall
 3215  require proof that the participant is totally and permanently
 3216  disabled in the same manner as provided for members of the
 3217  defined benefit program of the Florida Retirement System under
 3218  s. 121.091(4)(c).
 3219         (f) Disability retirement benefit.—Upon the disability
 3220  retirement of a participant under this subsection, the
 3221  participant shall receive a monthly benefit that begins accruing
 3222  shall begin to accrue on the first day of the month of
 3223  disability retirement, as approved by the division, and is shall
 3224  be payable on the last day of that month and each month
 3225  thereafter during his or her lifetime and continued disability.
 3226  All disability benefits must payable to such member shall be
 3227  paid out of the disability account of the Florida Retirement
 3228  System Trust Fund established under this subsection.
 3229         (g) Computation of disability retirement benefit.—The
 3230  amount of each monthly payment must shall be calculated in the
 3231  same manner as provided for members of the defined benefit
 3232  program of the Florida Retirement System under s. 121.091(4)(f).
 3233  For such purpose, Creditable service under both the defined
 3234  benefit program and the Public Employee Optional Retirement
 3235  Program of the Florida Retirement System shall be applicable as
 3236  provided under paragraph (b).
 3237         (h) Reapplication.—A participant whose initial application
 3238  for disability retirement is has been denied may reapply for
 3239  disability benefits in the same manner, and under the same
 3240  conditions, as provided for members of the defined benefit
 3241  program of the Florida Retirement System under s. 121.091(4)(g).
 3242         (i) Membership.—Upon approval of a participant’s an
 3243  application for disability benefits under this subsection, the
 3244  applicant shall be transferred to the defined benefit program of
 3245  the Florida Retirement System, effective upon his or her
 3246  disability retirement effective date.
 3247         (j) Option to cancel.A Any participant whose application
 3248  for disability benefits is approved may cancel the his or her
 3249  application if for disability benefits, provided that the
 3250  cancellation request is received by the division before a
 3251  disability retirement warrant has been deposited, cashed, or
 3252  received by direct deposit. Upon such cancellation:
 3253         1. The participant’s transfer to the defined benefit
 3254  program under paragraph (i) shall be nullified;
 3255         2. The participant shall be retroactively reinstated in the
 3256  Public Employee Optional Retirement Program without hiatus;
 3257         3. All funds transferred to the Florida Retirement System
 3258  Trust Fund under paragraph (a) must shall be returned to the
 3259  participant accounts from which the such funds were drawn; and
 3260         4. The participant may elect to receive the benefit payable
 3261  under the provisions of subsection (1) in lieu of disability
 3262  benefits as provided under this subsection.
 3263         (k) Recovery from disability.—
 3264         1. The division may require periodic reexaminations at the
 3265  expense of the disability program account of the Florida
 3266  Retirement System Trust Fund. Except as otherwise provided in
 3267  subparagraph 2., the requirements, procedures, and restrictions
 3268  relating to the conduct and review of such reexaminations,
 3269  discontinuation or termination of benefits, reentry into
 3270  employment, disability retirement after reentry into covered
 3271  employment, and all other matters relating to recovery from
 3272  disability shall be the same as are set forth under s.
 3273  121.091(4)(h).
 3274         2. Upon recovery from disability, the any recipient of
 3275  disability retirement benefits under this subsection shall be
 3276  transferred back and be a compulsory member of the Public
 3277  Employee Optional Retirement Program of the Florida Retirement
 3278  System. The net difference between the recipient’s original
 3279  account balance transferred to the Florida Retirement System
 3280  Trust Fund, including earnings, under paragraph (a) and total
 3281  disability benefits paid to such recipient, if any, shall be
 3282  determined as provided in sub-subparagraph a.
 3283         a. An amount equal to the total benefits paid shall be
 3284  subtracted from that portion of the transferred account balance
 3285  consisting of vested accumulations as described under s.
 3286  121.4501(6), if any, and an amount equal to the remainder of
 3287  benefit amounts paid, if any, shall then be subtracted from any
 3288  remaining portion consisting of nonvested accumulations as
 3289  described under s. 121.4501(6).
 3290         b. Amounts subtracted under sub-subparagraph a. must shall
 3291  be retained within the disability account of the Florida
 3292  Retirement System Trust Fund. Any remaining account balance
 3293  shall be transferred to the third-party administrator for
 3294  disposition as provided under sub-subparagraph c. or sub
 3295  subparagraph d., as appropriate.
 3296         c. If the recipient returns to covered employment,
 3297  transferred amounts must shall be deposited in individual
 3298  accounts under the Public Employee Optional Retirement Program,
 3299  as directed by the participant. Vested and nonvested amounts
 3300  shall be separately accounted for as provided in s. 121.4501(6).
 3301         d. If the recipient fails to return to covered employment
 3302  upon recovery from disability:
 3303         (I) Any remaining vested amount must shall be deposited in
 3304  individual accounts under the Public Employee Optional
 3305  Retirement Program, as directed by the participant, and shall be
 3306  payable as provided in subsection (1).
 3307         (II) Any remaining nonvested amount must shall be held in a
 3308  suspense account and is shall be forfeitable after 5 years as
 3309  provided in s. 121.4501(6).
 3310         3. If present value was reassigned from the defined benefit
 3311  program to the disability program of the Florida Retirement
 3312  System as provided under subparagraph (a)2., the full present
 3313  value amount must shall be returned to the defined benefit
 3314  account within the Florida Retirement System Trust Fund and the
 3315  recipient’s affected individual’s associated retirement credit
 3316  under the defined benefit program must shall be reinstated in
 3317  full. Any benefit based upon such credit shall be calculated as
 3318  provided in s. 121.091(4)(h)1.
 3319         (l) Nonadmissible causes of disability.—A participant shall
 3320  not be entitled to receive a disability retirement benefit if
 3321  the disability results from any injury or disease sustained or
 3322  inflicted as described in s. 121.091(4)(i).
 3323         (m) Disability retirement of justice or judge by order of
 3324  Supreme Court.—
 3325         1. If a participant is a justice of the Supreme Court,
 3326  judge of a district court of appeal, circuit judge, or judge of
 3327  a county court who has served for 6 years or more as an elected
 3328  constitutional judicial officer, including service as a judicial
 3329  officer in any court abolished pursuant to Art. V of the State
 3330  Constitution, and who is retired for disability by order of the
 3331  Supreme Court upon recommendation of the Judicial Qualifications
 3332  Commission pursuant to s. 12, the provisions of Art. V of the
 3333  State Constitution, the participant’s Option 1 monthly
 3334  disability benefit amount as provided in s. 121.091(6)(a)1.
 3335  shall be two-thirds of his or her monthly compensation as of the
 3336  participant’s disability retirement date. The Such a participant
 3337  may alternatively elect to receive an actuarially adjusted
 3338  disability retirement benefit under any other option as provided
 3339  in s. 121.091(6)(a), or to receive the normal benefit payable
 3340  under the Public Employee Optional Retirement Program as set
 3341  forth in subsection (1).
 3342         2. If any justice or judge who is a participant of the
 3343  Public Employee Optional Retirement Program of the Florida
 3344  Retirement System is retired for disability by order of the
 3345  Supreme Court upon recommendation of the Judicial Qualifications
 3346  Commission pursuant to s. 12, the provisions of Art. V of the
 3347  State Constitution and elects to receive a monthly disability
 3348  benefit under the provisions of this paragraph:
 3349         a. Any present value amount that was transferred to his or
 3350  her program account and all employer contributions made to such
 3351  account on his or her behalf, plus interest and earnings
 3352  thereon, must shall be transferred to and deposited in the
 3353  disability account of the Florida Retirement System Trust Fund;
 3354  and
 3355         b. The monthly benefits payable under this paragraph for
 3356  any affected justice or judge retired from the Florida
 3357  Retirement System pursuant to Art. V of the State Constitution
 3358  shall be paid from the disability account of the Florida
 3359  Retirement System Trust Fund.
 3360         (n) Death of retiree or beneficiary.—Upon the death of a
 3361  disabled retiree or beneficiary of the retiree thereof who is
 3362  receiving monthly disability benefits under this subsection, the
 3363  monthly benefits shall be paid through the last day of the month
 3364  of death and shall terminate, or be adjusted, if applicable, as
 3365  of that date in accordance with the optional form of benefit
 3366  selected at the time of retirement. The department of Management
 3367  Services may adopt rules necessary to administer this paragraph.
 3368         (3) DEATH BENEFITS.—Under the Public Employee Optional
 3369  Retirement Program:
 3370         (a) Survivor benefits are shall be payable in accordance
 3371  with the following terms and conditions:
 3372         1. To the extent vested, Benefits shall be payable only to
 3373  a participant’s beneficiary or beneficiaries as designated by
 3374  the participant as provided in s. 121.4501(20).
 3375         2. Benefits must shall be paid by the third-party
 3376  administrator or designated approved providers in accordance
 3377  with the law, the contracts, and any applicable board rule or
 3378  policy.
 3379         3. To receive benefits under this subsection, The
 3380  participant must be deceased.
 3381         (b) In the event of a participant’s death, all vested
 3382  accumulations as described in s. 121.4501(6), less withholding
 3383  taxes remitted to the Internal Revenue Service, shall be
 3384  distributed, as provided in paragraph (c) or as described in s.
 3385  121.4501(20), as if the participant retired on the date of
 3386  death. No other death benefits are shall be available for
 3387  survivors of participants under the Public Employee Optional
 3388  Retirement Program, except for such benefits, or coverage for
 3389  such benefits, as are otherwise provided by law or are
 3390  separately provided afforded by the employer, at the employer’s
 3391  discretion.
 3392         (c) Upon receipt by the third-party administrator of a
 3393  properly executed application for distribution of benefits, the
 3394  total accumulated benefit is shall be payable by the third-party
 3395  administrator to the participant’s surviving beneficiary or
 3396  beneficiaries, as:
 3397         1. A lump-sum distribution payable to the beneficiary or
 3398  beneficiaries, or to the deceased participant’s estate;
 3399         2. An eligible rollover distribution on behalf of the
 3400  surviving spouse of a deceased participant, whereby all accrued
 3401  benefits, plus interest and investment earnings, are paid from
 3402  the deceased participant’s account directly to the custodian of
 3403  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 3404  the Internal Revenue Code, on behalf of the surviving spouse; or
 3405         3. A partial lump-sum payment whereby a portion of the
 3406  accrued benefit is paid to the deceased participant’s surviving
 3407  spouse or other designated beneficiaries, less withholding taxes
 3408  remitted to the Internal Revenue Service, and the remaining
 3409  amount is transferred directly to the custodian of an eligible
 3410  retirement plan, as described in s. 402(c)(8)(B) of the Internal
 3411  Revenue Code, on behalf of the surviving spouse. The proportions
 3412  must be specified by the participant or the surviving
 3413  beneficiary.
 3414  
 3415  This paragraph does not abrogate other applicable provisions of
 3416  state or federal law providing for payment of death benefits.
 3417         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 3418  any person under the Public Employee Optional Retirement
 3419  Program, and any contributions accumulated under such program,
 3420  are not subject to assignment, execution, attachment, or any
 3421  legal process, except for qualified domestic relations orders by
 3422  a court of competent jurisdiction, income deduction orders as
 3423  provided in s. 61.1301, and federal income tax levies.
 3424         Section 86. Section 121.5911, Florida Statutes, is amended
 3425  to read:
 3426         121.5911 Disability retirement program; qualified status;
 3427  rulemaking authority.—It is the intent of the Legislature that
 3428  the disability retirement program for participants of the Public
 3429  Employee Optional Retirement Program as created in this act must
 3430  meet all applicable requirements of federal law for a qualified
 3431  plan. The department of Management Services shall seek a private
 3432  letter ruling from the Internal Revenue Service on the
 3433  disability retirement program for participants of the Public
 3434  Employee Optional Retirement Program. Consistent with the
 3435  private letter ruling, the department of Management Services
 3436  shall adopt any necessary rules necessary required to maintain
 3437  the qualified status of the disability retirement program and
 3438  the Florida Retirement System defined benefit program plan.
 3439         Section 87. Paragraph (b) of subsection (3) of section
 3440  121.78, Florida Statutes, is amended to read:
 3441         121.78 Payment and distribution of contributions.—
 3442         (3)
 3443         (b) If contributions made by an employer on behalf of
 3444  participants of the optional retirement program or accompanying
 3445  payroll data are not received within the calendar month they are
 3446  due, including, but not limited to, contribution adjustments as
 3447  a result of employer errors or corrections, and if that
 3448  delinquency results in market losses to participants, the
 3449  employer shall reimburse each participant’s account for market
 3450  losses resulting from the late contributions. If a participant
 3451  has terminated employment and taken a distribution, the
 3452  participant is responsible for returning any excess
 3453  contributions erroneously provided by employers, adjusted for
 3454  any investment gain or loss incurred during the period such
 3455  excess contributions were in the participant’s Public Employee
 3456  Optional Retirement Program account. The state board of
 3457  Administration or its designated agent shall communicate to
 3458  terminated participants any obligation to repay such excess
 3459  contribution amounts. However, the state board of
 3460  Administration, its designated agents, the Public Employee
 3461  Optional Retirement Program Trust Fund, the department of
 3462  Management Services, or the Florida Retirement System Trust Fund
 3463  may shall not incur any loss or gain as a result of an
 3464  employer’s correction of such excess contributions. The third
 3465  party administrator, hired by the state board pursuant to s.
 3466  121.4501(8), shall calculate the market losses for each affected
 3467  participant. If When contributions made on behalf of
 3468  participants of the optional retirement program or accompanying
 3469  payroll data are not received within the calendar month due, the
 3470  employer shall also pay the cost of the third-party
 3471  administrator’s calculation and reconciliation adjustments
 3472  resulting from the late contributions. The third-party
 3473  administrator shall notify the employer of the results of the
 3474  calculations and the total amount due from the employer for such
 3475  losses and the costs of calculation and reconciliation. The
 3476  employer shall remit to the division the amount due within 10
 3477  working days after the date of the penalty notice sent by the
 3478  division. The Division of Retirement shall transfer said amount
 3479  to the third-party administrator, which who shall deposit
 3480  proceeds from the 1-percent assessment and from individual
 3481  market losses into participant accounts, as appropriate. The
 3482  state board may is authorized to adopt rules to administer
 3483  implement the provisions regarding late contributions, late
 3484  submission of payroll data, the process for reimbursing
 3485  participant accounts for resultant market losses, and the
 3486  penalties charged to the employers.
 3487         Section 88. Subsection (6) of section 122.02, Florida
 3488  Statutes, is amended to read:
 3489         122.02 Definitions.—The following words and phrases as used
 3490  in this chapter shall have the following meaning unless a
 3491  different meaning is plainly required by the context:
 3492         (6) “Department” means the Department of Personnel
 3493  Management Services.
 3494         Section 89. Section 122.09, Florida Statutes, is amended to
 3495  read:
 3496         122.09 Disability retirement; medical examinations.—An
 3497  Whenever any officer or employee of the state or a county who
 3498  has 10 years of the state has service credit as such officer or
 3499  employee for 10 years within the contemplation of this law, the
 3500  last 5 years of which, except for a single break not to exceed 1
 3501  year, is must be continuous, unbroken service and who is
 3502  regularly contributing to the State and County Officers and
 3503  Employees’ Retirement Trust Fund and who, shall while holding
 3504  such office or employment, becomes become permanently and
 3505  totally disabled, physically or mentally, or both, from
 3506  rendering useful and efficient service as an such officer or
 3507  employee, such officer or employee may retire from his or her
 3508  office or employment, and upon such retirement the officer or
 3509  employee shall be paid, so long as the permanent and total
 3510  disability continues, on his or her own monthly requisition,
 3511  from the State and County Officers and Employees’ Retirement
 3512  Trust Fund hereinafter established, retirement compensation as
 3513  provided in s. 122.08; provided that no officer or employee
 3514  retiring under this section shall receive less than 50 percent
 3515  of his or her average final compensation not to exceed $75. The
 3516  No officer or employee may not of the state and county of the
 3517  state shall be permitted to retire under the provisions of this
 3518  section until examined by a duly qualified physician or surgeon
 3519  or board of physicians and surgeons, to be selected by the
 3520  Governor for that purpose, and found to be disabled in the
 3521  degree and in the manner specified in this section. An Any
 3522  officer or employee retiring under this section must shall be
 3523  reexamined examined periodically by a duly qualified physician
 3524  or surgeon or board of physicians and surgeons to be selected by
 3525  the Governor for that purpose and paid from the retirement trust
 3526  fund herein provided for, at such time as the department directs
 3527  of Management Services shall direct to determine if such total
 3528  disability has continued. If the and in the event it be
 3529  disclosed by said examination that said total disability has
 3530  ceased to exist, the then such officer or employee shall
 3531  forthwith cease to be paid benefits paid under this section must
 3532  cease. Benefits shall be computed in accordance with Reference
 3533  to s. 122.08 is for the purpose of computing benefits only. Any
 3534  person heretofore retired under this section qualifies shall be
 3535  eligible to qualify for the minimum benefits provided herein;
 3536  however, minimum benefits may shall not be paid retroactively.
 3537         Section 90. Section 122.23, Florida Statutes, is amended to
 3538  read:
 3539         122.23 Definitions; ss. 122.21-122.321.—In addition to
 3540  those definitions set forth in s. 122.02 the following words and
 3541  phrases used in ss. 122.21-122.24, 122.26 to 122.321, inclusive,
 3542  have the respective meanings set forth:
 3543         (1) “System” means the general retirement system provided
 3544  by this chapter, with its two divisions.
 3545         (2) “Social security coverage” means old age and survivors
 3546  insurance as provided by the federal Social Security Act.
 3547         (3)“Department” means the Department of Management
 3548  Services.
 3549         (3)(4) “Agreement” means the modification of the that
 3550  certain agreement entered into October 23, 1951, between the
 3551  State of Florida and the Secretary of Health, Education and
 3552  Welfare, pursuant to s. 650.03, which makes available to members
 3553  of division B of this system the provisions of said agreement.
 3554         (4)(5) “State agency” means the department of Management
 3555  Services within the provisions and contemplation of chapter 650.
 3556         Section 91. Subsection (11) of section 122.34, Florida
 3557  Statutes, is amended to read:
 3558         122.34 Special provisions for certain sheriffs and full
 3559  time deputy sheriffs.—
 3560         (11) A No high hazard member may not shall be permitted to
 3561  receive benefits under this section until examined by a duly
 3562  qualified physician or surgeon, or board of physicians and
 3563  surgeons, to be selected by the Governor for that purpose, and
 3564  found to be disabled in the degree and in the manner specified
 3565  in this section. At such time As directed by the department of
 3566  Management Services directs, a any high hazard member receiving
 3567  disability benefits under this section must shall submit to a
 3568  medical examination to determine if such disability has
 3569  continued., and The cost of such examination shall be paid from
 3570  the retirement trust fund herein provided for; and if the in the
 3571  event it is declared by said examination that said disability
 3572  has cleared, the such member shall be ordered to return to
 3573  active duty with the same rank and salary that he or she had at
 3574  the time of disability. Any such member who fails shall fail to
 3575  return to duty forfeits following such order shall forfeit all
 3576  rights and claims under this section law. A Every high hazard
 3577  member retiring under this provision shall be paid so long as
 3578  the member’s permanent total or partial disability continues, on
 3579  his or her own requisition.
 3580         Section 92. Paragraph (a) of subsection (1) and subsection
 3581  (2) of section 145.19, Florida Statutes, are amended to read:
 3582         145.19 Annual percentage increases based on increase for
 3583  state career service employees; limitation.—
 3584         (1) As used in this section, the term:
 3585         (a) “Annual factor” means 1 plus the lesser of:
 3586         1. The average percentage increase in the salaries of state
 3587  career service employees for the current fiscal year as
 3588  determined by the Department of Personnel Management Services or
 3589  as provided in the General Appropriations Act; or
 3590         2. Seven percent.
 3591         (2) Each fiscal year, the salaries of all officials listed
 3592  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
 3593  The adjusted salary rate is shall be the product, rounded to the
 3594  nearest dollar, of the salary rate granted by the appropriate
 3595  section of this chapter, s. 1001.395, or s. 1001.47 multiplied
 3596  first by the initial factor, then by the cumulative annual
 3597  factor, and finally by the annual factor. The Department of
 3598  Personnel Management Services shall certify the annual factor
 3599  and the cumulative annual factors. Any special qualification
 3600  salary received under this chapter, s. 1001.47, or the annual
 3601  performance salary incentive available to elected
 3602  superintendents under s. 1001.47 shall be added to such adjusted
 3603  salary rate. The special qualification salary is shall be
 3604  $2,000, but shall not exceed $2,000.
 3605         Section 93. Subsection (2) of section 154.04, Florida
 3606  Statutes, is amended to read:
 3607         154.04 Personnel of county health departments; duties;
 3608  compensation.—
 3609         (2) The personnel of the county health department shall be
 3610  employed by the Department of Health. The compensation of such
 3611  personnel shall be determined in accordance with under the rules
 3612  of the Department of Personnel Management Services. Such
 3613  employees shall engage in the prevention of disease and the
 3614  promotion of health under the supervision of the Department of
 3615  Health.
 3616         Section 94. Paragraph (b) of subsection (9) and paragraph
 3617  (a) of subsection (10) of section 163.3184, Florida Statutes,
 3618  are amended to read:
 3619         163.3184 Process for adoption of comprehensive plan or plan
 3620  amendment.—
 3621         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 3622         (b) The hearing shall be conducted by an administrative law
 3623  judge of the Division of Administrative Hearings of the
 3624  Department of Management Services, who shall hold the hearing in
 3625  the county of and convenient to the affected local jurisdiction
 3626  and submit a recommended order to the state land planning
 3627  agency. The state land planning agency shall allow for the
 3628  filing of exceptions to the recommended order and shall issue a
 3629  final order after receipt of the recommended order if the state
 3630  land planning agency determines that the plan or plan amendment
 3631  is in compliance. If the state land planning agency determines
 3632  that the plan or plan amendment is not in compliance, the agency
 3633  shall submit the recommended order to the Administration
 3634  Commission for final agency action.
 3635         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 3636  COMPLIANCE.—
 3637         (a) If the state land planning agency issues a notice of
 3638  intent to find the comprehensive plan or plan amendment not in
 3639  compliance with this act, the notice of intent shall be
 3640  forwarded to the Division of Administrative Hearings of the
 3641  Department of Management Services, which shall conduct a
 3642  proceeding under ss. 120.569 and 120.57 in the county of and
 3643  convenient to the affected local jurisdiction. The parties to
 3644  the proceeding are shall be the state land planning agency, the
 3645  affected local government, and any affected person who
 3646  intervenes. No new issue may be alleged as a reason to find a
 3647  plan or plan amendment not in compliance in an administrative
 3648  pleading filed more than 21 days after publication of notice
 3649  unless the party seeking that issue establishes good cause for
 3650  not alleging the issue within that time period. Good cause does
 3651  shall not include excusable neglect. In the proceeding, the
 3652  local government’s determination that the comprehensive plan or
 3653  plan amendment is in compliance is presumed to be correct. The
 3654  local government’s determination shall be sustained unless it is
 3655  shown by a preponderance of the evidence that the comprehensive
 3656  plan or plan amendment is not in compliance. The local
 3657  government’s determination that elements of its plans are
 3658  related to and consistent with each other shall be sustained if
 3659  the determination is fairly debatable.
 3660         Section 95. Subsection (6) of section 175.032, Florida
 3661  Statutes, is amended to read:
 3662         175.032 Definitions.—For any municipality, special fire
 3663  control district, chapter plan, local law municipality, local
 3664  law special fire control district, or local law plan under this
 3665  chapter, the following words and phrases have the following
 3666  meanings:
 3667         (6) “Division” means the Division of Retirement of the
 3668  Department of Personnel Management Services.
 3669         Section 96. Section 175.1215, Florida Statutes, is amended
 3670  to read:
 3671         175.1215 Police and Firefighters’ Premium Tax Trust Fund.
 3672  The Police and Firefighters’ Premium Tax Trust Fund is created,
 3673  to be administered by the division of Retirement of the
 3674  Department of Management Services. Funds credited to the trust
 3675  fund, as provided in chapter 95-250, Laws of Florida, or similar
 3676  legislation, shall be expended for the purposes set forth in
 3677  that legislation.
 3678         Section 97. Section 175.361, Florida Statutes, is amended
 3679  to read:
 3680         175.361 Termination of plan and distribution of fund.—For
 3681  any municipality, special fire control district, chapter plan,
 3682  local law municipality, local law special fire control district,
 3683  or local law plan under this chapter, the plan may be terminated
 3684  by the municipality or special fire control district. Upon
 3685  termination of the plan by the municipality or special fire
 3686  control district for any reason or because of a transfer,
 3687  merger, or consolidation of governmental units, services, or
 3688  functions as provided in chapter 121, or upon written notice by
 3689  the municipality or special fire control district to the board
 3690  of trustees that contributions under the plan are being
 3691  permanently discontinued, the rights of all employees to
 3692  benefits accrued to the date of such termination and the amounts
 3693  credited to the employees’ accounts are nonforfeitable. The fund
 3694  shall be distributed in accordance with the following
 3695  procedures:
 3696         (1) The board of trustees shall determine the date of
 3697  distribution and the asset value required to fund all the
 3698  nonforfeitable benefits after taking into account the expenses
 3699  of such distribution. The board shall inform the municipality or
 3700  special fire control district if additional assets are required,
 3701  in which event the municipality or special fire control district
 3702  shall continue to financially support the plan until all
 3703  nonforfeitable benefits have been funded.
 3704         (2) The board of trustees shall determine the method of
 3705  distribution of the asset value, whether distribution is shall
 3706  be by payment in cash, by the maintenance of another or
 3707  substituted trust fund, by the purchase of insured annuities, or
 3708  otherwise, for each firefighter entitled to benefits under the
 3709  plan as specified in subsection (3).
 3710         (3) The board of trustees shall distribute the asset value
 3711  as of the date of termination as in the manner set forth in this
 3712  subsection, on the basis that the amount required to provide any
 3713  given retirement income is the actuarially computed single-sum
 3714  value of such retirement income, except that if the method of
 3715  distribution determined under subsection (2) involves the
 3716  purchase of an insured annuity, the amount required to provide
 3717  the given retirement income is the single premium payable for
 3718  such annuity. The actuarial single-sum value may not be less
 3719  than the employee’s accumulated contributions to the plan, with
 3720  interest if provided by the plan, less the value of any plan
 3721  benefits previously paid to the employee.
 3722         (4) If there is asset value remaining after the full
 3723  distribution specified in subsection (3), and after the payment
 3724  of any expenses incurred with such distribution, such excess
 3725  shall be returned to the municipality or special fire control
 3726  district, less the return to the state of the state’s
 3727  contributions., provided that, If the excess is less than the
 3728  total contributions made by the municipality or special fire
 3729  control district and the state to date of termination of the
 3730  plan, such excess shall be divided proportionately to the total
 3731  contributions made by the municipality or special fire control
 3732  district and the state.
 3733         (5) The board of trustees shall distribute, in accordance
 3734  with subsection (2), the amounts determined under subsection
 3735  (3).
 3736         (6) If, after 24 months after the date the plan terminated
 3737  or the date the board received written notice that the
 3738  contributions thereunder were being permanently discontinued,
 3739  the municipality or special fire control district or the board
 3740  of trustees of the firefighters’ pension trust fund affected has
 3741  not complied with all the provisions in this section, the
 3742  Department of Personnel Management Services shall effect the
 3743  termination of the fund in accordance with this section.
 3744         Section 98. Subsection (7) of section 185.02, Florida
 3745  Statutes, is amended to read:
 3746         185.02 Definitions.—For any municipality, chapter plan,
 3747  local law municipality, or local law plan under this chapter,
 3748  the following words and phrases as used in this chapter shall
 3749  have the following meanings, unless a different meaning is
 3750  plainly required by the context:
 3751         (7) “Division” means the Division of Retirement of the
 3752  Department of Personnel Management Services.
 3753         Section 99. Section 185.105, Florida Statutes, is amended
 3754  to read:
 3755         185.105 Police and Firefighters’ Premium Tax Trust Fund.
 3756  The Police and Firefighters’ Premium Tax Trust Fund is the trust
 3757  fund created under s. 175.1215 and is created, to be
 3758  administered by the division of Retirement of the Department of
 3759  Management Services. Funds credited to the trust fund, as
 3760  provided in chapter 95-250, Laws of Florida, or similar
 3761  legislation, shall be expended for the purposes set forth in
 3762  that legislation.
 3763         Section 100. Section 185.37, Florida Statutes, is amended
 3764  to read:
 3765         185.37 Termination of plan and distribution of fund.—For
 3766  any municipality, chapter plan, local law municipality, or local
 3767  law plan under this chapter, the plan may be terminated by the
 3768  municipality. Upon termination of the plan by the municipality
 3769  for any reason, or because of a transfer, merger, or
 3770  consolidation of governmental units, services, or functions as
 3771  provided in chapter 121, or upon written notice to the board of
 3772  trustees by the municipality that contributions under the plan
 3773  are being permanently discontinued, the rights of all employees
 3774  to benefits accrued to the date of such termination or
 3775  discontinuance and the amounts credited to the employees’
 3776  accounts are nonforfeitable. The fund shall be distributed in
 3777  accordance with the following procedures:
 3778         (1) The board of trustees shall determine the date of
 3779  distribution and the asset value required to fund all the
 3780  nonforfeitable benefits, after taking into account the expenses
 3781  of such distribution. The board shall inform the municipality if
 3782  additional assets are required, in which event the municipality
 3783  shall continue to financially support the plan until all
 3784  nonforfeitable benefits have been funded.
 3785         (2) The board of trustees shall determine the method of
 3786  distribution of the asset value, whether distribution is shall
 3787  be by payment in cash, by the maintenance of another or
 3788  substituted trust fund, by the purchase of insured annuities, or
 3789  otherwise, for each police officer entitled to benefits under
 3790  the plan, as specified in subsection (3).
 3791         (3) The board of trustees shall distribute the asset value
 3792  as of the date of termination in the manner set forth in this
 3793  subsection, on the basis that the amount required to provide any
 3794  given retirement income is the actuarially computed single-sum
 3795  value of such retirement income, except that if the method of
 3796  distribution determined under subsection (2) involves the
 3797  purchase of an insured annuity, the amount required to provide
 3798  the given retirement income is the single premium payable for
 3799  such annuity. The actuarial single-sum value may not be less
 3800  than the employee’s accumulated contributions to the plan, with
 3801  interest if provided by the plan, less the value of any plan
 3802  benefits previously paid to the employee.
 3803         (4) If there is asset value remaining after the full
 3804  distribution specified in subsection (3), and after payment of
 3805  any expenses incurred with such distribution, such excess shall
 3806  be returned to the municipality, less the return to the state of
 3807  the state’s contributions., provided that, If the excess is less
 3808  than the total contributions made by the municipality and the
 3809  state to date of termination of the plan, such excess shall be
 3810  divided proportionately to the total contributions made by the
 3811  municipality and the state.
 3812         (5) The board of trustees shall distribute, in accordance
 3813  with the manner of distribution determined under subsection (2),
 3814  the amounts determined under subsection (3).
 3815         (6) If, after 24 months after the date the plan terminated
 3816  or the date the board received written notice that the
 3817  contributions thereunder were being permanently discontinued,
 3818  the municipality or the board of trustees of the municipal
 3819  police officers’ retirement trust fund affected has not complied
 3820  with all the provisions in this section, the Department of
 3821  Management Services shall effect the termination of the fund in
 3822  accordance with this section.
 3823         Section 101. Subsection (5) of section 189.4035, Florida
 3824  Statutes, is amended to read:
 3825         189.4035 Preparation of official list of special
 3826  districts.—
 3827         (5) The official list of special districts shall be
 3828  distributed by the department on October 1 of each year to the
 3829  President of the Senate, the Speaker of the House of
 3830  Representatives, the Auditor General, the Department of Revenue,
 3831  the Department of Financial Services, the Department of
 3832  Personnel Management Services, the State Board of
 3833  Administration, counties, municipalities, county property
 3834  appraisers, tax collectors, and supervisors of elections and to
 3835  all interested parties who request the list.
 3836         Section 102. Subsection (1) of section 189.412, Florida
 3837  Statutes, is amended to read:
 3838         189.412 Special District Information Program; duties and
 3839  responsibilities.—The Special District Information Program of
 3840  the Department of Community Affairs is created and has the
 3841  following special duties:
 3842         (1) The collection and maintenance of special district
 3843  noncompliance status reports from the Department of Personnel
 3844  Management Services, the Department of Financial Services, the
 3845  Division of Bond Finance of the State Board of Administration,
 3846  and the Auditor General for the reporting required in ss.
 3847  112.63, 218.32, 218.38, and 218.39. The noncompliance reports
 3848  must list those special districts that did not comply with the
 3849  statutory reporting requirements.
 3850         Section 103. Subsection (1) of section 210.20, Florida
 3851  Statutes, is amended to read:
 3852         210.20 Employees and assistants; distribution of funds.—
 3853         (1) The division under the applicable rules of the
 3854  Department of Personnel Management may Services shall have the
 3855  power to employ such employees and assistants and incur such
 3856  other expenses as may be necessary for the administration of
 3857  this part, within the limits of an appropriation for the
 3858  operation of the Department of Business and Professional
 3859  Regulation as may be authorized by the General Appropriations
 3860  Act.
 3861         Section 104. Subsection (1) of section 210.75, Florida
 3862  Statutes, is amended to read:
 3863         210.75 Administration.—
 3864         (1) The division, under the applicable rules of the
 3865  Department of Personnel Management may Services, shall have the
 3866  power to employ such employees and assistants and to incur such
 3867  other expenses as may be necessary for the administration of
 3868  this part within the limits of an appropriation for the
 3869  operation of the Department of Business and Professional
 3870  Regulation as may be authorized by the General Appropriations
 3871  Act.
 3872         Section 105. Paragraph (r) of subsection (8) of section
 3873  213.053, Florida Statutes, is amended to read:
 3874         213.053 Confidentiality and information sharing.—
 3875         (8) Notwithstanding any other provision of this section,
 3876  the department may provide:
 3877         (r) Information relative to the returns required by ss.
 3878  175.111 and 185.09 to the Department of Personnel Management
 3879  Services in the conduct of its official duties. The Department
 3880  of Personnel Management may Services is, in turn, authorized to
 3881  disclose payment information to a governmental agency or the
 3882  agency’s agent for purposes related to budget preparation,
 3883  auditing, revenue or financial administration, or administration
 3884  of chapters 175 and 185.
 3885  
 3886  Disclosure of information under this subsection shall be
 3887  pursuant to a written agreement between the executive director
 3888  and the agency. Such agencies, governmental or nongovernmental,
 3889  shall be bound by the same requirements of confidentiality as
 3890  the Department of Revenue. Breach of confidentiality is a
 3891  misdemeanor of the first degree, punishable as provided by s.
 3892  775.082 or s. 775.083.
 3893         Section 106. Subsection (1) of section 215.196, Florida
 3894  Statutes, is amended to read:
 3895         215.196 Architects Incidental Trust Fund; creation;
 3896  assessment.—
 3897         (1) There is created The Architects Incidental Trust Fund
 3898  is created for the purpose of providing sufficient funds for the
 3899  operation of the facilities development activities of the
 3900  Department of Environmental Protection Management Services.
 3901         Section 107. Paragraph (p) of subsection (1) of section
 3902  215.22, Florida Statutes, is amended to read:
 3903         215.22 Certain income and certain trust funds exempt.—
 3904         (1) The following income of a revenue nature or the
 3905  following trust funds shall be exempt from the appropriation
 3906  required by s. 215.20(1):
 3907         (p) The Communications Working Capital Trust Fund of the
 3908  Agency for Enterprise Information Technology Department of
 3909  Management Services.
 3910         Section 108. Subsection (3) of section 215.28, Florida
 3911  Statutes, is amended to read:
 3912         215.28 United States securities, purchase by state and
 3913  county officers and employees; deductions from salary.—
 3914         (3) All deductions so made by a any such disbursing
 3915  authority shall be deposited in a trust account separate and
 3916  apart from the funds of the state, county, or subordinate
 3917  agency. Such account is will be subject to withdrawal only for
 3918  the purchase of United States securities on behalf of officers
 3919  and employees, or for refunds to such persons in accordance with
 3920  the provisions of this section law. If Whenever the sum of
 3921  $18.75 or the purchase price of the security requested to be
 3922  purchased is accumulated from deductions so made from the
 3923  salaries or wages of an officer or employee, the such disbursing
 3924  agent shall arrange the purchase of the bond or security applied
 3925  for and have it registered in the name or names requested in the
 3926  deduction authorization. Securities so purchased must will be
 3927  delivered in a such manner that is as may be convenient for the
 3928  issuing agent and the purchaser. Any interest earned on moneys
 3929  in such account while awaiting the accumulation of the purchase
 3930  price of the security shall be transferred to the Florida
 3931  Retirement System Trust Fund as reimbursement for administrative
 3932  costs incurred by the Department of Personnel Management
 3933  Services under this section.
 3934         Section 109. Subsection (6) of section 215.422, Florida
 3935  Statutes, is amended to read:
 3936         215.422 Payments, warrants, and invoices; processing time
 3937  limits; dispute resolution; agency or judicial branch
 3938  compliance.—
 3939         (6) The Department of Financial Services shall monitor each
 3940  agency’s and the judicial branch’s compliance with the time
 3941  limits and interest penalty provisions of this section. The
 3942  department shall provide a report to an agency or to the
 3943  judicial branch if the department determines that the agency or
 3944  the judicial branch has failed to maintain an acceptable rate of
 3945  compliance with the time limits and interest penalty provisions
 3946  of this section. The department shall establish criteria for
 3947  determining acceptable rates of compliance. The report must
 3948  shall also include a list of late invoices or payments, the
 3949  amount of interest owed or paid, and any corrective actions
 3950  recommended. The department shall perform monitoring
 3951  responsibilities, pursuant to this section, using the Department
 3952  of Financial Services’ financial systems provided in s. 215.94.
 3953  Each agency and the judicial branch shall be responsible for the
 3954  accuracy of information entered into the Department of
 3955  Management Services’ procurement system and the department’s
 3956  Department of Financial Services’ financial systems for use in
 3957  this monitoring.
 3958         Section 110. Section 215.425, Florida Statutes, is amended
 3959  to read:
 3960         215.425 Extra compensation claims prohibited.—No Extra
 3961  compensation may not be paid shall be made to any officer,
 3962  agent, employee, or contractor after the service has been
 3963  rendered or the contract made; nor shall any money be
 3964  appropriated or paid on any claim the subject matter of which
 3965  has not been provided for by preexisting laws, unless such
 3966  compensation or claim is allowed by a law enacted by two-thirds
 3967  of the members elected to each house of the Legislature.
 3968  However, when adopting salary schedules for a fiscal year, a
 3969  district school board or community college district board of
 3970  trustees may apply the schedule for payment of all services
 3971  rendered after subsequent to July 1 of that fiscal year. The
 3972  provisions of this section do not apply to extra compensation
 3973  given to state employees who are included within the senior
 3974  management group pursuant to rules adopted by the Department of
 3975  Personnel Management Services; to extra compensation given to
 3976  county, municipal, or special district employees pursuant to
 3977  policies adopted by county or municipal ordinances or
 3978  resolutions of governing boards of special districts or to
 3979  employees of the clerk of the circuit court pursuant to written
 3980  policy of the clerk; or to a clothing and maintenance allowance
 3981  given to plainclothes deputies pursuant to s. 30.49.
 3982         Section 111. Paragraph (g) of subsection (1) of section
 3983  215.47, Florida Statutes, is amended to read:
 3984         215.47 Investments; authorized securities; loan of
 3985  securities.—Subject to the limitations and conditions of the
 3986  State Constitution or of the trust agreement relating to a trust
 3987  fund, moneys available for investments under ss. 215.44-215.53
 3988  may be invested as follows:
 3989         (1) Without limitation in:
 3990         (g) Bonds issued by the Florida State Improvement
 3991  Commission, Florida Development Commission, Division of Bond
 3992  Finance of the Department of General Services, or Division of
 3993  Bond Finance of the State Board of Administration.
 3994         Section 112. Subsection (3) of section 215.50, Florida
 3995  Statutes, is amended to read:
 3996         215.50 Custody of securities purchased; income.—
 3997         (3) The Chief Financial Officer, as custodian of securities
 3998  owned by the Florida Retirement System Trust Fund and the
 3999  Florida Survivor Benefit Trust Fund, shall collect the interest,
 4000  dividends, prepayments, maturities, proceeds from sales, and
 4001  other income accruing from such assets. As such income is
 4002  collected by the Chief Financial Officer, it shall be deposited
 4003  directly into a commercial bank to the credit of the State Board
 4004  of Administration. The Such bank accounts as may be required for
 4005  this purpose shall offer satisfactory collateral security as
 4006  provided by chapter 280. If the In the event funds so deposited
 4007  according to the provisions of this section are required to pay
 4008  for the purpose of paying benefits or other operational needs,
 4009  the State Board of Administration shall remit to the Florida
 4010  Retirement System Trust Fund in the State Treasury such amounts
 4011  as may be requested by the Department of Personnel Management
 4012  Services.
 4013         Section 113. Subsections (4) and (5) of section 215.94,
 4014  Florida Statutes, are amended to read:
 4015         215.94 Designation, duties, and responsibilities of
 4016  functional owners.—
 4017         (4) The Department of Financial Management Services is
 4018  shall be the functional owner of the Purchasing Subsystem. The
 4019  department shall design, implement, and operate the subsystem in
 4020  accordance with the provisions of ss. 215.90-215.96. The
 4021  subsystem includes shall include, but is shall not be limited
 4022  to, functions for commodity and service procurement.
 4023         (5) The Department of Personnel Management is Services
 4024  shall be the functional owner of the Personnel Information
 4025  System. The department shall ensure that the system is designed,
 4026  implemented, and operated in accordance with the provisions of
 4027  ss. 110.116 and 215.90-215.96. The department may contract with
 4028  a vendor to provide the system and services required of the
 4029  Personnel Information system. The subsystem includes shall
 4030  include, but is shall not be limited to, functions for:
 4031         (a) Maintenance of employee and position data, including
 4032  funding sources and percentages and salary lapse. The employee
 4033  data includes shall include, but is not be limited to,
 4034  information to meet the payroll system requirements of the
 4035  Department of Financial Services and to meet the employee
 4036  benefit system requirements of the Department of Personnel
 4037  Management Services.
 4038         (b) Recruitment and selection.
 4039         (c) Time and leave reporting.
 4040         (d) Collective bargaining.
 4041         Section 114. Subsection (2) of section 215.96, Florida
 4042  Statutes, is amended to read:
 4043         215.96 Coordinating council and design and coordination
 4044  staff.—
 4045         (2) The coordinating council shall consist of the Chief
 4046  Financial Officer; the Commissioner of Agriculture; the
 4047  executive director secretary of the Department of Personnel
 4048  Management Services; the Attorney General; and the Director of
 4049  Planning and Budgeting, Executive Office of the Governor, or
 4050  their designees. The Chief Financial Officer, or a his or her
 4051  designee, shall be the chair of the coordinating council, and
 4052  the design and coordination staff shall provide administrative
 4053  and clerical support to the council and the board. The design
 4054  and coordination staff shall maintain the minutes of each
 4055  meeting and shall make such minutes available to any interested
 4056  person. The Auditor General, the State Courts Administrator, an
 4057  executive officer of the Florida Association of State Agency
 4058  Administrative Services Directors, and an executive officer of
 4059  the Florida Association of State Budget Officers, or their
 4060  designees, shall serve without voting rights as ex officio
 4061  members on the coordinating council. The chair may call meetings
 4062  of the coordinating council as often as necessary to transact
 4063  business; however, the coordinating council must shall meet at
 4064  least once a year. Action of the coordinating council shall be
 4065  by motion, duly made, seconded and passed by a majority of the
 4066  coordinating council voting in the affirmative for approval of
 4067  items that are to be recommended for approval to the Financial
 4068  Management Information Board.
 4069         Section 115. Section 216.0152, Florida Statutes, is amended
 4070  to read:
 4071         216.0152 Inventory of state-owned facilities or state
 4072  occupied facilities.—
 4073         (1) The Department of Environmental Protection Management
 4074  Services shall develop and maintain an automated inventory of
 4075  all facilities owned, leased, rented, or otherwise occupied or
 4076  maintained by any state agency of the state or by the judicial
 4077  branch, except those with less than 3,000 square feet. The
 4078  inventory must shall include the location, occupying agency,
 4079  ownership, size, condition assessment, maintenance record, age,
 4080  parking and employee facilities, and other information as
 4081  required by the department for determining maintenance needs and
 4082  life-cycle cost evaluations of the facility. The inventory need
 4083  not include a condition assessment or maintenance record of
 4084  facilities not owned by a state agency or by the judicial
 4085  branch. The term “facility,” as used in this section, means
 4086  buildings, structures, and building systems, but does not
 4087  include transportation facilities of the state transportation
 4088  system. The Department of Transportation shall develop and
 4089  maintain an inventory of transportation facilities of the state
 4090  transportation system. The Board of Governors of the State
 4091  University System and the Department of Education, respectively,
 4092  shall develop and maintain an inventory, in the manner
 4093  prescribed by the Department of Environmental Protection
 4094  Management Services, of all state university and community
 4095  college facilities and shall make the data available in a format
 4096  acceptable to the Department of Environmental Protection
 4097  Management Services.
 4098         (2) The Department of Environmental Protection Management
 4099  Services shall update its inventory and cause to be updated the
 4100  other inventories required by subsection (1) to be updated at
 4101  least once every 5 years. However, but the inventories must
 4102  shall record acquisitions of new facilities and significant
 4103  changes in existing facilities as they occur. The department of
 4104  Management Services shall provide each state agency and the
 4105  judicial branch with the most recent inventory applicable to
 4106  that agency or to the judicial branch. Each state agency and the
 4107  judicial branch shall, in the manner prescribed by the
 4108  department of Management Services, report significant changes in
 4109  the inventory as they occur. Items relating to the condition and
 4110  life-cycle cost of a facility must shall be updated at least
 4111  every 5 years.
 4112         (3) The Department of Environmental Protection Management
 4113  Services shall, every 3 years, publish a complete report
 4114  detailing this inventory and shall publish an annual update of
 4115  the report. The department shall furnish the updated report to
 4116  the Executive Office of the Governor and the Legislature by no
 4117  later than September 15 of each year.
 4118         Section 116. Subsection (1) of section 216.016, Florida
 4119  Statutes, is amended to read:
 4120         216.016 Evaluation of plans; determination of financing
 4121  method.—
 4122         (1) Pursuant to the requirements of s. 216.044, the
 4123  Department of Environmental Protection Management Services shall
 4124  evaluate state agency plans and plans of the judicial branch.
 4125         Section 117. Paragraph (a) of subsection (4) of section
 4126  216.023, Florida Statutes, is amended to read:
 4127         216.023 Legislative budget requests to be furnished to
 4128  Legislature by agencies.—
 4129         (4)(a) The legislative budget request must include contain
 4130  for each program:
 4131         1. The constitutional or statutory authority for a program,
 4132  a brief purpose statement, and approved program components.
 4133         2. Information on expenditures for 3 fiscal years by
 4134  appropriation category, which includes (actual prior-year
 4135  expenditures, current-year estimated expenditures, and agency
 4136  budget requested expenditures for the next fiscal year) by
 4137  appropriation category.
 4138         3. Details on trust funds and fees.
 4139         4. The total number of positions, including (authorized,
 4140  fixed, and requested).
 4141         5. An issue narrative describing and justifying changes in
 4142  amounts and positions requested for current and proposed
 4143  programs for the next fiscal year.
 4144         6. Information resource requests.
 4145         7. Supporting information, including applicable cost
 4146  benefit analyses, business case analyses, performance
 4147  contracting procedures, service comparisons, and impacts on
 4148  performance standards for any request to outsource or privatize
 4149  agency functions. The cost-benefit and business case analyses
 4150  must include an assessment of the impact on each affected
 4151  activity from those identified in accordance with paragraph (b).
 4152  Performance standards must include standards for each affected
 4153  activity and be expressed in terms of the associated unit of
 4154  activity.
 4155         8. An evaluation of any major outsourcing and privatization
 4156  initiatives undertaken during the last 5 fiscal years having
 4157  aggregate expenditures exceeding $10 million during the term of
 4158  the contract. The evaluation must shall include an assessment of
 4159  contractor performance, a comparison of anticipated service
 4160  levels to actual service levels, and a comparison of estimated
 4161  savings to actual savings achieved. Consolidated reports issued
 4162  by the Department of Financial Management Services may be used
 4163  to satisfy this requirement.
 4164         9. Supporting information for any proposed consolidated
 4165  financing of deferred-payment commodity contracts including
 4166  guaranteed energy performance savings contracts. Supporting
 4167  information must also include narrative describing and
 4168  justifying the need, baseline for current costs, estimated cost
 4169  savings, projected equipment purchases, estimated contract
 4170  costs, and return on investment calculation.
 4171         10. For projects that exceed $10 million in total cost, the
 4172  statutory reference of the existing policy or the proposed
 4173  substantive policy that establishes and defines the project’s
 4174  governance structure, planned scope, main business objectives
 4175  that must be achieved, and estimated completion timeframes.
 4176  Information technology budget requests for the continuance of
 4177  existing hardware and software maintenance agreements, renewal
 4178  of existing software licensing agreements, or the replacement of
 4179  desktop units with new technology that is similar to the
 4180  technology currently in use are exempt from this requirement.
 4181         Section 118. Section 216.044, Florida Statutes, is amended
 4182  to read:
 4183         216.044 Budget evaluation by Department of Management
 4184  Services.—
 4185         (1) Any state agency or judicial branch entity requesting a
 4186  fixed capital outlay project to be managed by the Department of
 4187  Environmental Protection Management Services shall consult with
 4188  that department during the budget development process. The
 4189  department of Management Services shall provide recommendations
 4190  regarding construction requirements, cost of the project, and
 4191  project alternatives to be incorporated in the agency’s or
 4192  entity’s proposed fixed capital outlay budget request and
 4193  narrative justification.
 4194         (2) Concurrently with the submission of the fixed capital
 4195  outlay legislative budget request to the Executive Office of the
 4196  Governor or to the Chief Justice of the Supreme Court, the
 4197  agency or judicial branch shall submit a copy of the legislative
 4198  budget request to the Department of Environmental Protection
 4199  Management Services for evaluation.
 4200         (3) The Department of Environmental Protection Management
 4201  Services shall advise the Executive Office of the Governor, the
 4202  Chief Justice, and the Legislature regarding alternatives to the
 4203  proposed fixed capital outlay project and make recommendations
 4204  relating to the construction requirements and cost of the
 4205  project. These recommendations shall be provided to the
 4206  Legislature and Executive Office of the Governor at a time
 4207  specified by the Governor, but at least not less than 90 days
 4208  before prior to the regular session of the Legislature. When
 4209  evaluating alternatives, the department of Management Services
 4210  shall include information as to whether it would be more cost
 4211  efficient to lease private property or facilities, to construct
 4212  facilities on property presently owned by the state, or to
 4213  acquire property on which to construct the facilities. In
 4214  determining the cost to the state of constructing facilities on
 4215  property presently owned by the state or the cost of acquiring
 4216  property on which to construct facilities, the department of
 4217  Management Services shall include the costs that which would be
 4218  incurred by a private person in acquiring the property and
 4219  constructing the facilities, including, but not limited to,
 4220  taxes and return on investment.
 4221         Section 119. Paragraph (c) of subsection (2) of section
 4222  216.163, Florida Statutes, is amended to read:
 4223         216.163 Governor’s recommended budget; form and content;
 4224  declaration of collective bargaining impasses.—
 4225         (2) The Governor’s recommended budget shall also include:
 4226         (c) The evaluation of the fixed capital outlay request of
 4227  each agency and the judicial branch and alternatives to the
 4228  proposed projects as made by the Department of Environmental
 4229  Protection Management Services pursuant to s. 216.044.
 4230         Section 120. Section 216.237, Florida Statutes, is amended
 4231  to read:
 4232         216.237 Availability of any remaining funds; agency
 4233  maintenance of accounting records.—Any funds remaining funds
 4234  from the General Revenue Fund and trust fund spending authority
 4235  not awarded to agencies pursuant to s. 216.236 shall be made
 4236  available to agencies for innovative projects that which
 4237  generate a cost savings, increase revenue, or improve service
 4238  delivery. Innovative projects that which generate a cost savings
 4239  shall receive greater consideration when awarding innovation
 4240  investment funds. Any trust fund authority granted under this
 4241  program must be used shall be utilized in a manner that is
 4242  consistent with the statutory authority for the use of the said
 4243  trust fund. Any savings realized as a result of implementing the
 4244  innovative project must shall be used by the agency to establish
 4245  an internal innovations fund. State agencies that which are
 4246  awarded funds for innovative projects shall use utilize the
 4247  chart of accounts used by the Florida Accounting Information
 4248  Resource Subsystem in the manner described in s. 215.93(3). The
 4249  Such chart of accounts shall be developed and amended in
 4250  consultation with the Department of Financial Services and the
 4251  Executive Office of the Governor to separate and account for the
 4252  savings that result from the implementation of the innovative
 4253  projects and to keep track of how the innovative funds are
 4254  reinvested by the state agency to fund additional innovative
 4255  projects, which may include, but are not be limited to,
 4256  expenditures for training and information technology resources.
 4257  Guidelines for the establishment of such internal innovations
 4258  fund shall be provided by the Department of Financial Management
 4259  Services. Any agency awarded funds under this section must shall
 4260  maintain detailed accounting records showing all expenses, loan
 4261  transfers, savings, or other financial actions concerning the
 4262  project. Any savings realized as a result of implementing the
 4263  innovative project must shall be quantified, validated, and
 4264  verified by the agency. A final report of the results of the
 4265  implementation of each innovative project must shall be
 4266  submitted by each participating agency to the Governor’s Office
 4267  of Policy and Budget Planning and Budgeting and the legislative
 4268  appropriations committees by June 30 of the fiscal year in which
 4269  the funds were received and ensuing fiscal years for the life of
 4270  the project.
 4271         Section 121. Section 216.238, Florida Statutes, is amended
 4272  to read:
 4273         216.238 Rules Authority given to carry out provisions of
 4274  program.—The Department of Financial Management Services shall,
 4275  in accordance with chapter 120, adopt, promulgate, amend, or
 4276  rescind such rules as it deems necessary and administratively
 4277  feasible to administer carry out the provisions of the
 4278  Innovation Investment Program.
 4279         Section 122. Paragraphs (d), (e), (f), and (g) of
 4280  subsection (1) and subsection (3) of section 216.262, Florida
 4281  Statutes, are amended to read:
 4282         216.262 Authorized positions.—
 4283         (1)
 4284         (d) An individual employed by a state agency or by the
 4285  judicial branch may not hold more than one employment during his
 4286  or her normal working hours with the state, such working hours
 4287  to be determined by the head of the state agency affected,
 4288  unless approved by the Department of Personnel Management
 4289  Services, or otherwise delegated to the agency head, or by the
 4290  Chief Justice of the Supreme Court, respectively.
 4291         (e) An individual employed by a state agency or by the
 4292  judicial branch may not fill more than a total of one full-time
 4293  equivalent established position, receive compensation
 4294  simultaneously from any appropriation other than appropriations
 4295  for salaries, or receive compensation simultaneously from more
 4296  than one state agency unless approved by the Department of
 4297  Personnel Management Services, or otherwise delegated to the
 4298  agency head, or by the Chief Justice, respectively, during each
 4299  fiscal year. The department of Management Services may adopt
 4300  uniform rules applicable to the executive branch agencies to
 4301  implement its responsibilities under this paragraph.
 4302         (f) Perquisites may not be furnished by a state agency or
 4303  by the judicial branch unless approved by the Department of
 4304  Personnel Management Services, or otherwise delegated to the
 4305  agency head, or by the Chief Justice, respectively, during each
 4306  fiscal year. If Whenever a state agency or the judicial branch
 4307  is to furnish perquisites, the department of Management Services
 4308  or the agency head to which the approval has been delegated or
 4309  the Chief Justice, respectively, must approve the kind and
 4310  monetary value of such perquisites before they are may be
 4311  furnished. Perquisites may be furnished only if when in the best
 4312  interest of the state due to the exceptional or unique
 4313  requirements of the position. The value of a perquisite may not
 4314  be used to compute an employee’s base rate of pay or regular
 4315  rate of pay unless required by the Fair Labor Standards Act.
 4316  Permissible perquisites include, but are not limited to, moving
 4317  expenses, clothing, use of vehicles and other transportation,
 4318  domestic services, groundskeeping services, telephone services,
 4319  medical services, housing, utilities, and meals. The Department
 4320  of Personnel Management Services may adopt uniform rules
 4321  applicable to the executive branch agencies to implement its
 4322  responsibilities under this paragraph, which rules may specify
 4323  additional perquisites, establish additional criteria for each
 4324  kind of perquisite, provide the procedure to be used by
 4325  executive agencies in applying for approvals, and establish the
 4326  required justification. As used in this section, the term
 4327  “perquisites” means those things, or the use thereof, or
 4328  services of a kind that confer on the officers or employees
 4329  receiving them some benefit that is in the nature of additional
 4330  compensation, or that reduce to some extent the normal personal
 4331  expenses of the officer or employee receiving them. The term
 4332  includes, but is not limited to, such things as quarters,
 4333  subsistence, utilities, laundry services, medical service, use
 4334  of state-owned vehicles for other than state purposes, and
 4335  servants paid by the state.
 4336         (g) If goods and services are to be sold to officers and
 4337  employees of a state agency or of the judicial branch rather
 4338  than being furnished as perquisites, the kind and selling price
 4339  must thereof shall be approved by the Department of Personnel
 4340  Management Services, unless otherwise delegated to the agency
 4341  head, or by the Chief Justice, respectively, during each fiscal
 4342  year before such sales are made. The selling price may be
 4343  deducted from any amounts due by the state to the any person
 4344  receiving such things. The amount of cash so deducted must shall
 4345  be faithfully accounted for. This paragraph does not apply to
 4346  sales to officers or employees of items generally sold to the
 4347  public and does not apply to meals that which may be provided
 4348  without charge to volunteers under a volunteer service program
 4349  approved by the Department of Personnel Management Services. The
 4350  goods and services may include, but are not limited to, medical
 4351  services, long-term and short-term rental housing, and laundry
 4352  and transportation services. The department of Management
 4353  Services may adopt uniform rules applicable to the executive
 4354  branch agencies to implement its responsibilities under this
 4355  paragraph, which rules may specify other items that may be
 4356  approved, the required justification for proposed sales, and the
 4357  manner in which agencies are required to will apply for
 4358  approvals.
 4359         (3) A No full-time position may not shall be filled by more
 4360  than the equivalent of one full-time officer or employee, except
 4361  when extenuating circumstances exist. Extenuating circumstances
 4362  must will be provided for in rules to be adopted by the
 4363  Department of Personnel Management Services or by the Chief
 4364  Justice, respectively.
 4365         Section 123. Paragraph (c) of subsection (6) of section
 4366  216.292, Florida Statutes, is amended to read:
 4367         216.292 Appropriations nontransferable; exceptions.—
 4368         (6) The Chief Financial Officer shall transfer from any
 4369  available funds of an agency or the judicial branch the
 4370  following amounts and shall report all such transfers and the
 4371  reasons therefor to the legislative appropriations committees
 4372  and the Executive Office of the Governor:
 4373         (c) The amount due to the Communications Working Capital
 4374  Trust Fund from moneys appropriated in the General
 4375  Appropriations Act for the purpose of paying for services
 4376  provided by the state communications system in the Agency for
 4377  Enterprise Information Technology Department of Management
 4378  Services which is unpaid 45 days after the billing date. The
 4379  amount transferred shall be the amount that billed by the
 4380  department.
 4381         Section 124. Section 217.02, Florida Statutes, is amended
 4382  to read:
 4383         217.02 Definitions.—As used in this chapter act, the term:
 4384         (1) “Department” means the Department of Financial
 4385  Management Services.
 4386         (2) “Surplus property” means any federal property that
 4387  which has been declared excess by a federal agency, including
 4388  the Department of Defense, and made available for procurement
 4389  and distribution in the state in compliance with the Federal
 4390  Property and Administrative Services Act of 1949, and subsequent
 4391  amendments thereto, or any other federal law provided for the
 4392  procurement and distribution of federal excess and surplus
 4393  property.
 4394         Section 125. Section 217.04, Florida Statutes, is amended
 4395  to read:
 4396         217.04 Negotiation Department of Management Services as
 4397  state agency to negotiate with federal agency.—The department of
 4398  Management Services is designated the official agency of the
 4399  state to negotiate with any federal agency in accordance and
 4400  compliance with the Federal Property and Administrative Services
 4401  Act of 1949 and subsequent amendments thereto, and any other
 4402  federal law or regulation providing for the procurement and
 4403  distribution of federal surplus personal property.
 4404         Section 126. Section 217.045, Florida Statutes, is amended
 4405  to read:
 4406         217.045 Department of Management Services; Assistance to
 4407  state agencies.—The department of Management Services may follow
 4408  whatever procedure is considered necessary to enable state
 4409  agencies to take advantage of surplus property allocated to the
 4410  state by the Federal Government or by its disposal agencies.
 4411         Section 127. Subsections (2), (3), (11), and (13) of
 4412  section 238.01, Florida Statutes, are amended to read:
 4413         238.01 Definitions.—The following words and phrases as used
 4414  in this chapter shall have the following meanings unless a
 4415  different meaning is plainly required by the context:
 4416         (2) “Department” means the Department of Personnel
 4417  Management Services.
 4418         (3) “Teacher” means any member of the teaching or
 4419  professional staff and any certificated employee of any public
 4420  free school, of any district school system and career center,
 4421  any member of the teaching or professional staff of the Florida
 4422  School for the Deaf and Blind, child training schools of the
 4423  Department of Juvenile Justice, the Department of Corrections,
 4424  and any tax-supported institution of higher learning of the
 4425  state, and any member and any certified employee of the
 4426  Department of Education, any certified employee of the
 4427  retirement system, any full-time employee of any nonprofit
 4428  professional association or corporation of teachers functioning
 4429  in Florida on a statewide basis, which seeks to protect and
 4430  improve public school opportunities for children and advance the
 4431  professional and welfare status of its members, any person now
 4432  serving as superintendent, or who was serving as county
 4433  superintendent of public instruction on July 1, 1939, and any
 4434  hereafter duly elected or appointed superintendent, who holds a
 4435  valid Florida teachers’ certificate. In all cases of doubt the
 4436  department of Management Services shall determine whether a any
 4437  person is a teacher as defined herein.
 4438         (11) “Regular interest” means interest at such rate as may
 4439  be set from time to time by the department of Management
 4440  Services.
 4441         (13) “Earnable compensation” means the full compensation
 4442  payable to a teacher working the full working time for his or
 4443  her position. With In respect to plans A, B, C, and D only, if
 4444  the in cases where compensation includes maintenance, the
 4445  department of Management Services shall fix the value of that
 4446  part of the compensation not paid in money if; provided that all
 4447  members as of shall from July 1, 1955, make contributions to the
 4448  retirement system on the basis of earnable compensation, as
 4449  defined herein and all persons who are members on July 1, 1955,
 4450  may, upon application, have their “earnable compensation” for
 4451  the time during which they have been members prior to that date
 4452  determined on the basis of “earnable compensation” as defined in
 4453  this law, upon paying to the retirement system, on or before the
 4454  date of retirement, a sum equal to the additional contribution
 4455  with accumulated regular interest thereon they would have made
 4456  if “earnable compensation” had been defined, at the time they
 4457  became members, as it is now defined. However, earnable
 4458  compensation for all plan years beginning on or after July 1,
 4459  1990, may shall not include any amounts in excess of the
 4460  compensation limitation (originally $200,000) established by s.
 4461  401(a)(17) of the Internal Revenue Code prior to the Omnibus
 4462  Budget Reconciliation Act of 1993, which limitation shall be
 4463  adjusted for changes in the cost of living since 1989, as in the
 4464  manner provided by s. 401(a)(17) of the Internal Revenue Code of
 4465  1991. This limitation, which has been part of the Teachers’
 4466  Retirement System since plan years beginning on or after July 1,
 4467  1990, must shall be adjusted as required by federal law for
 4468  qualified government plans.
 4469         Section 128. Section 238.02, Florida Statutes, is amended
 4470  to read:
 4471         238.02 Name and date of Establishment.—A retirement system
 4472  is established and placed under the management of the department
 4473  of Management Services for the purpose of providing retirement
 4474  allowances and other benefits for teachers of the state. The
 4475  retirement system shall begin operations on July 1, 1939. It has
 4476  such powers and privileges of a corporation as may be necessary
 4477  to carry out effectively the provisions of this chapter and
 4478  shall be known as the “Teachers’ Retirement System of the
 4479  State,” and by such name all of its business shall be
 4480  transacted, all of its funds invested, and all of its cash and
 4481  securities and other property held in trust for the purpose for
 4482  which received.
 4483         Section 129. Subsection (1) of section 238.03, Florida
 4484  Statutes, is amended to read:
 4485         238.03 Administration.—
 4486         (1) The general administration and the responsibility for
 4487  the proper operation of the retirement system and for making
 4488  effective the provisions of this chapter are vested in the
 4489  department of Management Services. Subject to the limitation of
 4490  this chapter, the department shall, from time to time, adopt
 4491  establish rules and regulations for the administration and
 4492  transaction of the business of the retirement system and shall
 4493  perform such other functions as are required for the execution
 4494  of this chapter.
 4495         Section 130. Subsection (3) of section 238.07, Florida
 4496  Statutes, is amended to read:
 4497         238.07 Regular benefits; survivor benefits.—
 4498         (3) Any member who, prior to July 1, 1955, elected to
 4499  retire under one of plans A, B, C, or D may elect, prior to
 4500  retirement, to retire under plan E in accordance with the terms
 4501  hereof. Any person who became a member on or after July 1, 1955,
 4502  shall retire under plan E, except as provided for under s.
 4503  238.31. With respect to plans A, B, C, or D, any member may
 4504  shall have the right at any time to change to a plan of
 4505  retirement requiring a lower rate of contribution. The
 4506  department of Management Services shall also notify the member
 4507  of the rate of contribution such member must make from and after
 4508  selecting such plan of retirement. Any member in service may
 4509  retire upon reaching the age of retirement formerly selected by
 4510  him or her, upon the member’s written application to the
 4511  department setting forth at which time, not more than 90 days
 4512  after subsequent to the execution and filing of such
 4513  application, it is his or her desire to retire notwithstanding
 4514  that during such period of notification he or she may have
 4515  separated from service. Upon receipt of such application for
 4516  retirement, the department shall retire such member not more
 4517  than 90 days thereafter. Before such member may retire, he or
 4518  she must file with the department his or her written selection
 4519  of one of the optional benefits provided in s. 238.08.
 4520         Section 131. Paragraph (a) of subsection (1) of section
 4521  238.09, Florida Statutes, is amended to read:
 4522         238.09 Method of financing.—All of the assets of the
 4523  retirement system shall be credited, according to the purposes
 4524  for which they are held, to one of four funds; namely, the
 4525  Annuity Savings Trust Fund, the Pension Accumulation Trust Fund,
 4526  the Expense Trust Fund, and the Survivors’ Benefit Trust Fund.
 4527         (1) The Annuity Savings Trust Fund shall be a fund in which
 4528  shall be accumulated contributions made from the salaries of
 4529  members under the provisions of paragraph (c) or paragraph (f).
 4530  Contribution to, payments from, the Annuity Savings Trust Fund
 4531  shall be made as follows:
 4532         (a) With respect to plan A, B, C, or D, upon the basis of
 4533  such tables as the department of Management Services shall
 4534  adopt, and regular interest, the actuary of the retirement
 4535  system shall determine for each member the proportion of
 4536  earnable compensation which, when deducted from each payment of
 4537  his or her prospective earnable annual compensation prior to his
 4538  or her minimum service retirement age, and accumulated at
 4539  regular interest until such age, shall be computed to provide at
 4540  such age:
 4541         1. An annuity equal to one one-hundred-fortieth of the
 4542  member’s his or her average final compensation multiplied by the
 4543  number of his or her years of membership in the case of each
 4544  member electing to retire under the provisions of plan A or B.
 4545         2. An annuity equal to one one-hundred-twentieth of the
 4546  member’s his or her average final compensation multiplied by the
 4547  number of his or her years of membership service in the case of
 4548  each member electing to retire under the provisions of plan C.
 4549         3. An annuity equal to one one-hundredth of his or her
 4550  average final compensation multiplied by the number of the
 4551  members’ his or her years of membership service in the case of
 4552  each member electing to retire under the provisions of plan D.
 4553  
 4554  For each In the case of any member who has attained his or her
 4555  minimum service retirement age before prior to becoming a
 4556  member, the proportion of salary applicable to such member, with
 4557  respect to plan A, B, C, or D, shall be the proportion computed
 4558  for the age 1 year younger than his or her minimum service
 4559  retirement age.
 4560         Section 132. Section 238.10, Florida Statutes, is amended
 4561  to read:
 4562         238.10 Management of funds.—The department of Management
 4563  Services, annually, shall allow regular interest on the amount
 4564  for the preceding year to the credit of each of the funds of the
 4565  retirement system, and to the credit of the individual account
 4566  therein, if any, with the exception of the expense fund, from
 4567  the interest and dividends earned from investments.
 4568         Section 133. Paragraph (b) of subsection (1) and
 4569  subsections (2) and (3) of section 238.11, Florida Statutes, are
 4570  amended to read:
 4571         238.11 Collection of contributions.—
 4572         (1) The collection of contributions shall be as follows:
 4573         (b) Each employer shall transmit monthly to the department
 4574  of Management Services a warrant for the total amount of such
 4575  deductions. Each employer shall also transmit monthly to the
 4576  department a warrant for such employer contribution set aside as
 4577  provided for in paragraph (a) of this subsection. The
 4578  department, after making records of all such warrants, shall
 4579  transmit them to the Department of Financial Services for
 4580  delivery to the Chief Financial Officer, who shall collect them.
 4581         (2) The collection of the state contribution shall be made
 4582  as follows:
 4583         (a) The amounts required to be paid by the state into the
 4584  Teachers’ Retirement System under in this chapter shall be
 4585  provided therefor in the General Appropriations Act. However, if
 4586  in the event a sufficient amount is not included in the General
 4587  Appropriations Act to meet the full amount needed to pay the
 4588  retirement compensation provided for in this chapter, the
 4589  additional amount needed for such retirement compensation is
 4590  hereby appropriated from the General Revenue Fund as approved by
 4591  the department of Management Services.
 4592         (b) The department of Management Services shall certify
 4593  one-fourth of the amount so ascertained for each year to the
 4594  Chief Financial Officer on or before the last day of July,
 4595  October, January, and April of each year. The Chief Financial
 4596  Officer shall, on or before the first day of August, November,
 4597  February, and May of each year, immediately transfer the amounts
 4598  due to the several funds of the retirement system the amounts
 4599  due.
 4600         (3) All collection of contributions of a nonprofit
 4601  professional association or corporation of teachers as referred
 4602  to in s. 238.01(3) and (5) shall be made by such association or
 4603  corporation in the following manner:
 4604         (a) On April 1 of each year, the department of Management
 4605  Services shall certify to any such nonprofit professional
 4606  association or corporation of teachers the amounts that which
 4607  will become due and payable during the ensuing fiscal year to
 4608  each of the funds of the retirement system to which such
 4609  contributions are payable as set forth in this section law.
 4610         (b) The department of Management Services shall certify
 4611  one-fourth of the amount so ascertained for each year to the
 4612  nonprofit professional association or corporation of teachers on
 4613  or before the last day of July, October, January, and April of
 4614  each year. The nonprofit professional association or corporation
 4615  of teachers shall, on or before the first day of August,
 4616  November, February, and May of each year, draw its check payable
 4617  to the department for the respective amounts due the several
 4618  funds of the retirement system. Upon receipt of the check, the
 4619  department shall immediately transfer the amounts due to the
 4620  several funds of the retirement system the amounts due,
 4621  provided, however, that the amounts due the several funds of the
 4622  retirement system from any such association or corporation for
 4623  creditable service accruing to any such member before July 1,
 4624  1947, shall be paid prior to the retirement of any such member.
 4625         Section 134. Subsection (1) of section 238.12, Florida
 4626  Statutes, is amended to read:
 4627         238.12 Duties of employers.—
 4628         (1) Each employer shall keep such records and, from time to
 4629  time, shall furnish such information as the department of
 4630  Management Services may require in the discharge of its duties.
 4631  Upon the employment of any teacher to whom this chapter may
 4632  apply, the teacher shall be informed by his or her employer of
 4633  his or her duties and obligations in connection with the
 4634  retirement system as a condition of his or her employment. Every
 4635  teacher accepting employment shall be deemed to consent and
 4636  agree to any deductions from his or her compensation required in
 4637  this chapter and to all other provisions of this chapter.
 4638         Section 135. Section 238.15, Florida Statutes, is amended
 4639  to read:
 4640         238.15 Exemption of funds from taxation, execution, and
 4641  assignment.—The pensions, annuities or any other benefits
 4642  accrued or accruing to any person under the provisions of this
 4643  chapter and the accumulated contributions and cash securities in
 4644  the funds created under this chapter are exempted from any
 4645  state, county or municipal tax of the state, and are shall not
 4646  be subject to execution or attachment or to any legal process
 4647  whatsoever, and shall be unassignable, except:
 4648         (1) That any teacher who has retired may shall have the
 4649  right and power to authorize the department in writing the
 4650  department of Management Services to deduct from his or her
 4651  monthly retirement allowance money for the payment of the
 4652  premiums on group insurance for hospital, medical and surgical
 4653  benefits, under a plan or plans for such benefits approved in
 4654  writing by the Chief Financial Officer, and upon receipt of such
 4655  request the department shall make the monthly payments as
 4656  directed; and
 4657         (2) As may be otherwise specifically provided for in this
 4658  chapter.
 4659         Section 136. Paragraph (b) of subsection (3) of section
 4660  238.171, Florida Statutes, is amended to read:
 4661         238.171 Monthly allowance; when made.—
 4662         (3)
 4663         (b) On July 1, 1975, and each July 1 thereafter, the
 4664  department of Management Services shall adjust the monthly
 4665  allowance being paid on that said date. The percentage of such
 4666  adjustment is shall be equal to the percentage change in the
 4667  average cost-of-living index during the preceding 12-month
 4668  period, April 1 through March 31, ignoring changes in the cost
 4669  of-living index which are greater than 3 percent during the
 4670  preceding fiscal year.
 4671         Section 137. Paragraph (b) of subsection (2) of section
 4672  238.181, Florida Statutes, is amended to read:
 4673         238.181 Reemployment after retirement; conditions and
 4674  limitations.—
 4675         (2)
 4676         (b) Any person to whom the limitation in paragraph (a)
 4677  applies who violates such reemployment limitation and who is
 4678  reemployed with any agency participating in the Florida
 4679  Retirement System before completing completion of the 12-month
 4680  limitation period must shall give timely notice of this fact in
 4681  writing to his or her employer and to the department of
 4682  Management Services and shall have his or her retirement
 4683  benefits suspended for the balance of the 12-month limitation
 4684  period. Any person employed in violation of this paragraph and
 4685  any employing agency that which knowingly employs or appoints
 4686  such person without notifying the department to suspend
 4687  retirement benefits are shall be jointly and severally liable
 4688  for reimbursement to the retirement trust fund of any benefits
 4689  paid during the reemployment limitation period. To avoid
 4690  liability, the such employing agency shall have a written
 4691  statement from the retiree that he or she is not retired from a
 4692  state-administered retirement system. Any retirement benefits
 4693  received must while reemployed during this reemployment
 4694  limitation period shall be repaid to the retirement trust fund,
 4695  and retirement benefits shall remain suspended until such
 4696  repayment has been made. Benefits suspended beyond the
 4697  reemployment limitation shall apply toward repayment of benefits
 4698  received in violation of the reemployment limitation.
 4699         Section 138. Section 238.32, Florida Statutes, is amended
 4700  to read:
 4701         238.32 Service credit in disputed cases.—The department of
 4702  Management Services may in its discretion allow or deny a member
 4703  service credit in disputed or doubtful cases for employment in
 4704  in this state Florida and in out-of-state schools in order to
 4705  serve the best interests of the state and the member, subject to
 4706  the membership dates set forth in s. 238.06(4).
 4707         Section 139. Subsection (6) of section 250.22, Florida
 4708  Statutes, is amended to read:
 4709         250.22 Retirement.—
 4710         (6) All powers, duties, and functions related to the
 4711  administration of this section are vested in the Department of
 4712  Personnel Management Services.
 4713         Section 140. Subsection (4) of section 252.385, Florida
 4714  Statutes, is amended to read:
 4715         252.385 Public shelter space.—
 4716         (4)(a) Public facilities, including schools, postsecondary
 4717  education facilities, and other facilities owned or leased by
 4718  the state or local governments, but excluding hospitals, hospice
 4719  care facilities, assisted living facilities, and nursing homes,
 4720  which are suitable for use as public hurricane evacuation
 4721  shelters shall be made available at the request of the local
 4722  emergency management agencies. The local emergency management
 4723  agency shall coordinate with these entities to ensure that
 4724  designated facilities are ready to activate before prior to a
 4725  specific hurricane or disaster. Such agencies shall coordinate
 4726  with the appropriate school board, university, community
 4727  college, state agency, or local governing board when requesting
 4728  the use of such facilities as public hurricane evacuation
 4729  shelters.
 4730         (b) The Department of Environmental Protection Management
 4731  Services shall:
 4732         (a) Incorporate provisions for the use of suitable leased
 4733  public facilities as public hurricane evacuation shelters into
 4734  lease agreements for state agencies. Suitable leased public
 4735  facilities include leased public facilities that are solely
 4736  occupied by state agencies and have at least 2,000 square feet
 4737  of net floor area in a single room or in a combination of rooms
 4738  having a minimum of 400 square feet in each room. The net square
 4739  footage of floor area shall be determined by subtracting from
 4740  the gross square footage the square footage of spaces such as
 4741  mechanical and electrical rooms, storage rooms, open corridors,
 4742  restrooms, kitchens, science or computer laboratories, shop or
 4743  mechanical areas, administrative offices, records vaults, and
 4744  crawl spaces.
 4745         (b)(c)The Department of Management Services shall, In
 4746  consultation with local and state emergency management agencies,
 4747  assess department of Management Services facilities to identify
 4748  the extent to which each facility has public hurricane
 4749  evacuation shelter space. The department of Management Services
 4750  shall submit proposed facility retrofit projects that
 4751  incorporate hurricane protection enhancements to the department
 4752  for assessment and inclusion in the annual report prepared in
 4753  accordance with subsection (3).
 4754         (c)(d)The Department of Management Services shall Include
 4755  in the annual state facilities inventory report required under
 4756  ss. 216.015-216.016 a separate list of state-owned facilities,
 4757  including, but not limited to, meeting halls, auditoriums,
 4758  conference centers, and training centers that have unoccupied
 4759  space suitable for use as an emergency shelter during a storm or
 4760  other catastrophic event. Facilities must be listed by the
 4761  county and municipality where the facility is located and must
 4762  be made available in accordance with this subsection paragraph
 4763  (a). As used in this paragraph, the term “suitable for use as an
 4764  emergency shelter” means meeting the standards set by the
 4765  American Red Cross for a hurricane evacuation shelter, and the
 4766  term “unoccupied” means vacant due to suspended operation or
 4767  nonuse. The list must be updated by May 31 of each year.
 4768         Section 141. Paragraph (b) of subsection (6) of section
 4769  253.034, Florida Statutes, is amended to read:
 4770         253.034 State-owned lands; uses.—
 4771         (6) The Board of Trustees of the Internal Improvement Trust
 4772  Fund shall determine which lands, the title to which is vested
 4773  in the board, may be surplused. For conservation lands, the
 4774  board shall make a determination that the lands are no longer
 4775  needed for conservation purposes and may dispose of them by an
 4776  affirmative vote of at least three members. In the case of a
 4777  land exchange involving the disposition of conservation lands,
 4778  the board must determine by an affirmative vote of at least
 4779  three members that the exchange will result in a net positive
 4780  conservation benefit. For all other lands, the board shall make
 4781  a determination that the lands are no longer needed and may
 4782  dispose of them by an affirmative vote of at least three
 4783  members.
 4784         (b) For any lands purchased by the state on or after July
 4785  1, 1999, a determination shall be made by the board before prior
 4786  to acquisition as to those parcels that shall be designated as
 4787  having been acquired for conservation purposes. No Lands
 4788  acquired for use by the Department of Corrections, the
 4789  Department of Environmental Protection Management Services for
 4790  use as state offices, the Department of Transportation, except
 4791  those specifically managed for conservation or recreation
 4792  purposes, or the State University System or the Florida
 4793  Community College System may not shall be designated as having
 4794  been purchased for conservation purposes.
 4795         Section 142. Subsection (2) of section 253.126, Florida
 4796  Statutes, is amended to read:
 4797         253.126 Legislative intent.—The limitations and
 4798  restrictions imposed by this chapter as amended by chapter 67
 4799  393, Laws of Florida, upon the construction of islands or the
 4800  extension or addition to existing lands or islands bordering on
 4801  or being in the navigable waters, as defined in s. 253.12, shall
 4802  apply to the state, its agencies and all political subdivisions
 4803  and governmental units. No other general or special act shall
 4804  operate to grant exceptions to this section unless this section
 4805  is specifically repealed thereby.
 4806         (2) The provisions of chapter 120 shall be accorded any
 4807  person where substantial interests will be affected by an
 4808  activity proposed to be conducted by such agency pursuant to its
 4809  certification and the department’s acceptance. If a proceeding
 4810  is conducted pursuant to ss. 120.569 and 120.57, the department
 4811  may intervene as a party. Should an administrative law judge of
 4812  the Division of Administrative Hearings of the Department of
 4813  Management Services submit a recommended order pursuant to ss.
 4814  120.569 and 120.57, the Department of Environmental Protection
 4815  shall issue a final department order adopting, rejecting, or
 4816  modifying the recommended order pursuant to such action.
 4817         Section 143. Subsection (1) of section 253.45, Florida
 4818  Statutes, is amended to read:
 4819         253.45 Sale or lease of phosphate, clay, minerals, etc., in
 4820  or under state lands.—
 4821         (1) The Board of Trustees of the Internal Improvement Trust
 4822  Fund may sell or lease any phosphate, earth or clay, sand,
 4823  gravel, shell, mineral, metal, timber or water, or any other
 4824  substance similar to the foregoing, in, on, or under, any land
 4825  the title to which is vested in the state, the Department of
 4826  Management Services, the Department of Environmental Protection,
 4827  the Fish and Wildlife Conservation Commission, the State Board
 4828  of Education, or any other state board, department, or agency;
 4829  provided that the board of trustees does may not grant such a
 4830  sale or lease on the land of any other state board, department,
 4831  or agency without first obtaining approval therefrom. Such No
 4832  sale or lease is not provided for in this section shall be
 4833  allowed on hard-surfaced beaches that are used for bathing or
 4834  driving and areas contiguous thereto out to a mean low-water
 4835  depth of 3 feet and landward to the nearest paved public road.
 4836  Any sale or lease provided for in this section shall be
 4837  conducted by competitive bidding as provided for in ss. 253.52,
 4838  253.53, and 253.54. The proceeds of such sales or leases are to
 4839  be credited to the board of trustees, board, department, or
 4840  agency that which has title or control of the land involved.
 4841         Section 144. Section 255.02, Florida Statutes, is amended
 4842  to read:
 4843         255.02 Boards authorized to replace buildings destroyed by
 4844  fire.—The Department of Environmental Protection Management
 4845  Services or any board or person having the direct supervision
 4846  and control of any state building or state property may rebuild
 4847  or replace have rebuilt or replaced, out of the proceeds from
 4848  the fire insurance on such buildings or property, any buildings
 4849  or property owned by the state, which is may be destroyed in
 4850  whole or in part by fire.
 4851         Section 145. Subsection (2) of section 255.043, Florida
 4852  Statutes, is amended to read:
 4853         255.043 Art in state buildings.—
 4854         (2) The Department of Environmental Protection Management
 4855  Services or other state agency agencies receiving appropriations
 4856  for original constructions shall notify the Florida Arts Council
 4857  and the user agency of any construction project that which is
 4858  eligible under the provisions of this section. The department of
 4859  Management Services or other state agency shall determine the
 4860  amount to be made available for purchase or commission of works
 4861  of art for each project and shall report these amounts to the
 4862  Florida Arts Council and the user agency. Payments therefor
 4863  shall be made from funds appropriated for fixed capital outlay
 4864  according to law.
 4865         Section 146. Paragraphs (a) and (b) of subsection (1) of
 4866  section 255.05, Florida Statutes, are amended to read:
 4867         255.05 Bond of contractor constructing public buildings;
 4868  form; action by materialmen.—
 4869         (1)(a) Any person entering into a formal contract with the
 4870  state or any county, municipality city, or political subdivision
 4871  thereof, or other public authority or private entity, for the
 4872  construction of a public building, for the prosecution and
 4873  completion of a public work, or for repairs upon a public
 4874  building or public work must shall be required, before
 4875  commencing the work or before recommencing the work after a
 4876  default or abandonment, to execute, deliver to the public owner,
 4877  and record in the public records of the county where the
 4878  improvement is located, a payment and performance bond with a
 4879  surety insurer authorized to do business in this state as
 4880  surety. A public entity may not require a contractor to secure a
 4881  surety bond under this section from a specific agent or bonding
 4882  company. The bond must state on its front page: the name,
 4883  principal business address, and phone number of the contractor,
 4884  the surety, the owner of the property being improved, and, if
 4885  different from the owner, the contracting public entity; the
 4886  contract number assigned by the contracting public entity; and a
 4887  description of the project sufficient to identify it, such as a
 4888  legal description or the street address of the property being
 4889  improved, and a general description of the improvement. Such
 4890  bond must shall be conditioned upon the contractor’s performance
 4891  of the construction work in the time and manner prescribed in
 4892  the contract and promptly making payments to all persons defined
 4893  in s. 713.01 who furnish labor, services, or materials for the
 4894  prosecution of the work provided for in the contract. Any
 4895  claimant may apply to the governmental entity having charge of
 4896  the work for copies of the contract and bond and shall thereupon
 4897  be furnished with a certified copy of the contract and bond. The
 4898  claimant shall have a right of action against the contractor and
 4899  surety for the amount due him or her, including unpaid finance
 4900  charges due under the claimant’s contract. Such action may shall
 4901  not involve the public authority in any expense. If When such
 4902  work is done for the state and the contract is for $100,000 or
 4903  less, a no payment and performance bond is not shall be
 4904  required. At the discretion of the official or board awarding
 4905  such contract when such work is done for any county,
 4906  municipality city, political subdivision, or public authority,
 4907  any person entering into such a contract which is for $200,000
 4908  or less may be exempted from executing the payment and
 4909  performance bond. If When such work is done for the state, the
 4910  Secretary of Environmental Protection Management Services may
 4911  delegate to state agencies the authority to exempt any person
 4912  entering into such a contract amounting to more than $100,000
 4913  but less than $200,000 from executing the payment and
 4914  performance bond. If In the event such exemption is granted, the
 4915  officer or officials may shall not be held personally liable to
 4916  persons suffering loss because of granting such exemption. The
 4917  Department of Environmental Protection Management Services shall
 4918  maintain information on the number of requests by state agencies
 4919  for delegation of authority to waive the bond requirements by
 4920  agency and project number and whether any request for delegation
 4921  was denied and the justification for the denial. Any provision
 4922  in a payment bond furnished for public work contracts as
 4923  provided by this subsection which restricts the classes of
 4924  persons as defined in s. 713.01 protected by the bond or the
 4925  venue of any proceeding relating to such bond is unenforceable.
 4926         (b) The Department of Environmental Protection Management
 4927  Services shall adopt rules with respect to all contracts for
 4928  $200,000 or less, to provide:
 4929         1. Procedures for retaining up to 10 percent of each
 4930  request for payment submitted by a contractor and procedures for
 4931  determining disbursements from the amount retained on a pro rata
 4932  basis to laborers, materialmen, and subcontractors, as defined
 4933  in s. 713.01.
 4934         2. Procedures for requiring certification from laborers,
 4935  materialmen, and subcontractors, as defined in s. 713.01, prior
 4936  to final payment to the contractor that such laborers,
 4937  materialmen, and subcontractors have no claims against the
 4938  contractor resulting from the completion of the work provided
 4939  for in the contract.
 4940  
 4941  The state shall not be held liable to any laborer, materialman,
 4942  or subcontractor for any amounts greater than the pro rata share
 4943  as determined under this section.
 4944         Section 147. Subsection (1) of section 255.0525, Florida
 4945  Statutes, is amended to read:
 4946         255.0525 Advertising for competitive bids or proposals.—
 4947         (1) The solicitation of competitive bids or proposals for
 4948  any state construction project that is projected to cost more
 4949  than $200,000 must shall be publicly advertised once in the
 4950  Florida Administrative Weekly at least 21 days before prior to
 4951  the established bid opening. For state construction projects
 4952  that are projected to cost more than $500,000, the advertisement
 4953  must shall be published in the Florida Administrative Weekly at
 4954  least 30 days before prior to the established bid opening and at
 4955  least once in a newspaper of general circulation in the county
 4956  where the project is located at least 30 days before prior to
 4957  the established bid opening and at least 5 days before a prior
 4958  to any scheduled prebid conference. The bids or proposals must
 4959  shall be received and opened publicly at the location, date, and
 4960  time established in the bid or proposal advertisement. In cases
 4961  of emergency, the Secretary of Environmental Protection
 4962  Management Services may alter these the procedures required in
 4963  this section in any manner that is reasonable under the
 4964  emergency circumstances.
 4965         Section 148. Subsection (3) of section 255.248, Florida
 4966  Statutes, is amended to read:
 4967         255.248 Definitions; ss. 255.249 and 255.25.—As used in ss.
 4968  255.249 and 255.25, the term:
 4969         (3) “Department” means the Department of Environmental
 4970  Protection Management Services.
 4971         Section 149. Section 255.249, Florida Statutes, is amended
 4972  to read:
 4973         255.249 Department responsibilities of Management Services;
 4974  responsibility; department rules.—
 4975         (1) The department shall have responsibility and authority
 4976  for the custodial and preventive maintenance, repair, and
 4977  allocation of space of all buildings in the Florida Facilities
 4978  Pool and the grounds located adjacent thereto.
 4979         (2) The department shall require any state agency planning
 4980  to terminate a lease for the purpose of occupying space in a new
 4981  state-owned office building, the funds for which are
 4982  appropriated after June 30, 2000, to state why the proposed
 4983  relocation is in the best interest of the state.
 4984         (3)(a) The department shall, to the extent feasible,
 4985  coordinate the vacation of privately owned leased space with the
 4986  expiration of the lease on that space and, if when a lease is
 4987  terminated before expiration of its base term, shall will make a
 4988  reasonable effort to place another state agency in the space
 4989  vacated. Any state agency may lease the space in any building
 4990  that was subject to a lease terminated by a state agency for a
 4991  period of time equal to the remainder of the base term without
 4992  the requirement of competitive solicitation.
 4993         (b) The department shall develop and implement a strategic
 4994  leasing plan. The strategic leasing plan must shall forecast
 4995  space needs for all state agencies and identify opportunities
 4996  for reducing costs through consolidation, relocation,
 4997  reconfiguration, capital investment, and the building or
 4998  acquisition of state-owned space.
 4999         (c) The department shall annually publish a master leasing
 5000  report. The department shall furnish the master leasing report
 5001  to the Executive Office of the Governor and the Legislature by
 5002  September 15 of each year which provides the following
 5003  information:
 5004         1. A list, by agency and by geographic market, of all
 5005  leases that are due to expire within 24 months.
 5006         2. Details of each lease, including location, size, cost
 5007  per leased square foot, lease-expiration date, and a
 5008  determination of whether sufficient state-owned office space
 5009  will be available at the expiration of the lease to accommodate
 5010  affected employees.
 5011         3. A list of amendments and supplements to and waivers of
 5012  terms and conditions in lease agreements that have been approved
 5013  pursuant to s. 255.25(2)(a) during the previous 12 months and an
 5014  associated comprehensive analysis, including financial
 5015  implications, showing that any amendment, supplement, or waiver
 5016  is in the state’s long-term best interest.
 5017         4. Financial impacts to the pool rental rate due to the
 5018  sale, removal, acquisition, or construction of pool facilities.
 5019         5. Changes in occupancy rate, maintenance costs, and
 5020  efficiency costs of leases in the state portfolio. Changes to
 5021  occupancy costs in leased space by market and changes to space
 5022  consumption by agency and by market.
 5023         6. An analysis of portfolio supply and demand.
 5024         7. Cost-benefit analyses of acquisition, build, and
 5025  consolidation opportunities, recommendations for strategic
 5026  consolidation, and strategic recommendations for disposition,
 5027  acquisition, and building.
 5028         8. The updated plan required by s. 255.25(4)(c).
 5029         (d) By June 30 of each year, each state agency shall
 5030  annually provide to the department all information regarding
 5031  agency programs affecting the need for or use of space by that
 5032  agency, reviews of lease-expiration schedules for each
 5033  geographic area, active and planned full-time equivalent data,
 5034  business case analyses related to consolidation plans by an
 5035  agency, a telecommuting program, and current occupancy and
 5036  relocation costs, inclusive of furnishings, fixtures and
 5037  equipment, data, and communications.
 5038         (4) The department shall adopt rules pursuant to chapter
 5039  120 providing:
 5040         (a) Methods for accomplishing the duties outlined in
 5041  subsection (1).
 5042         (b) Procedures for soliciting and accepting competitive
 5043  solicitations for leased space of 5,000 square feet or more in
 5044  privately owned buildings, for evaluating the proposals
 5045  received, for exemption from competitive solicitations
 5046  requirements of any lease the purpose of which is the provision
 5047  of care and living space for persons or emergency space needs as
 5048  provided in s. 255.25(10), and for the securing of at least
 5049  three documented quotes for a lease that is not required to be
 5050  competitively solicited.
 5051         (c) A standard method for determining square footage or any
 5052  other measurement used as the basis for lease payments or other
 5053  charges.
 5054         (d) Methods of allocating space in both state-owned office
 5055  buildings and privately owned buildings leased by the state
 5056  based on use, personnel, and office equipment.
 5057         (e)1. Acceptable terms and conditions for inclusion in
 5058  lease agreements.
 5059         2. Such terms and conditions must shall include, at a
 5060  minimum, the following clauses, which may not be amended,
 5061  supplemented, or waived:
 5062         1.a. As provided in s. 255.2502, “The State of Florida’s
 5063  performance and obligation to pay under this contract is
 5064  contingent upon an annual appropriation by the Legislature.”
 5065         2.b. “The Lessee shall have the right to terminate, without
 5066  penalty, this lease in the event a State-owned building becomes
 5067  available to the Lessee for occupancy upon giving 6 months’
 5068  advance written notice to the Lessor by Certified Mail, Return
 5069  Receipt Requested.”
 5070         (f) Maximum rental rates, by geographic areas or by county,
 5071  for leasing privately owned space.
 5072         (g) A standard method for the assessment of rent to state
 5073  agencies and other authorized occupants of state-owned office
 5074  space, notwithstanding the source of funds.
 5075         (h) For full disclosure of the names and the extent of
 5076  interest of the owners holding a 4-percent or more interest in
 5077  any privately owned property leased to the state or in the
 5078  entity holding title to the property, for exemption from such
 5079  disclosure of any beneficial interest which is represented by
 5080  stock in any corporation registered with the Securities and
 5081  Exchange Commission or registered pursuant to chapter 517, which
 5082  stock is for sale to the general public, and for exemption from
 5083  such disclosure of any leasehold interest in property located
 5084  outside the territorial boundaries of the United States.
 5085         (i) For full disclosure of the names of all public
 5086  officials, agents, or employees holding any interest in any
 5087  privately owned property leased to the state or in the entity
 5088  holding title to the property, and the nature and extent of
 5089  their interest;, for exemption from such disclosure of any
 5090  beneficial interest which is represented by stock in any
 5091  corporation registered with the Securities and Exchange
 5092  Commission or registered pursuant to chapter 517, which stock is
 5093  for sale to the general public;, and for exemption from such
 5094  disclosure of any leasehold interest in property located outside
 5095  the territorial boundaries of the United States.
 5096         (j) A method for reporting leases for nominal or no
 5097  consideration.
 5098         (k) For a lease of less than 5,000 square feet, a method
 5099  for certification by the agency head or the agency head’s
 5100  designated representative that all criteria for leasing have
 5101  been fully complied with and for the filing of a copy of such
 5102  lease and all supporting documents with the department for its
 5103  review and approval as to technical sufficiency and whether it
 5104  is in the best interests of the state.
 5105         (l) A standardized format for state agency reporting of the
 5106  information required by paragraph (3)(d).
 5107         (5) The department shall prepare a form listing all
 5108  conditions and requirements adopted pursuant to this chapter
 5109  which must be met by any state agency leasing any building or
 5110  part thereof. Before executing any lease, this form must shall
 5111  be certified by the agency head or a designee the agency head’s
 5112  designated representative and submitted to the department.
 5113         (6) The department may contract for real estate consulting
 5114  or tenant brokerage services in order to carry out its duties
 5115  relating to the strategic leasing plan. The contract must shall
 5116  be procured pursuant to s. 287.057. The vendor that is awarded
 5117  the contract shall be compensated by the department, subject to
 5118  the provisions of the contract, and such compensation is subject
 5119  to appropriation by the Legislature. The real estate consultant
 5120  or tenant broker may not receive compensation directly from a
 5121  lessor for services that are rendered pursuant to the contract.
 5122  Moneys paid to the real estate consultant or tenant broker are
 5123  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5124  a lessor to the department under a facility-leasing arrangement
 5125  are not subject to the charges imposed under s. 215.20.
 5126         Section 150. Paragraphs (a) and (d) of subsection (2),
 5127  paragraphs (b) and (h) of subsection (3), paragraph (c) of
 5128  subsection (4), and subsections (5), (6), and (10) of section
 5129  255.25, Florida Statutes, are amended to read:
 5130         255.25 Approval required prior to construction or lease of
 5131  buildings.—
 5132         (2)(a) Except as provided in s. 255.2501, a state agency
 5133  may not lease a building or any part thereof unless prior
 5134  approval of the lease conditions and of the need for the lease
 5135  therefor is first obtained from the department. An Any approved
 5136  lease may include an option to purchase or an option to renew
 5137  the lease, or both, upon such terms and conditions as are
 5138  established by the department subject to final approval by the
 5139  head of the department of Management Services and s. 255.2502.
 5140         (d) Notwithstanding paragraph (a) and except as provided in
 5141  ss. 255.249 and 255.2501, a state agency may not lease a
 5142  building or any part thereof unless prior approval of the lease
 5143  terms and conditions and of the need therefor is first obtained
 5144  from the department. The department may not approve any term or
 5145  condition in a lease agreement which has been amended,
 5146  supplemented, or waived unless a comprehensive analysis,
 5147  including financial implications, demonstrates that such
 5148  amendment, supplement, or waiver is in the state’s long-term
 5149  best interest. Any approved lease may include an option to
 5150  purchase or an option to renew the lease, or both, upon such
 5151  terms and conditions as are established by the department
 5152  subject to final approval by the head of the department of
 5153  Management Services and the provisions of s. 255.2502.
 5154         (3)
 5155         (b) The department may of Management Services shall have
 5156  the authority to approve a lease for 5,000 square feet or more
 5157  of space that covers more than 1 fiscal year, subject to the
 5158  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if
 5159  such lease is, in the judgment of the department, in the best
 5160  interests of the state. In determining best interest, the
 5161  department shall consider availability of state-owned space and
 5162  analyses of build-to-suit and acquisition opportunities. This
 5163  paragraph does not apply to buildings or facilities of any size
 5164  leased for the purpose of providing care and living space for
 5165  persons.
 5166         (h) The department of Management Services may, pursuant to
 5167  s. 287.042(2)(a), procure a term contract for real estate
 5168  consulting and brokerage services. A state agency may not
 5169  purchase services from the contract unless the contract has been
 5170  procured under s. 287.057(1), (2), or (3) after March 1, 2007,
 5171  and contains the following provisions or requirements:
 5172         1. Awarded brokers must maintain an office or presence in
 5173  the market served. In awarding the contract, preference must be
 5174  given to brokers that are licensed in this state under chapter
 5175  475 and that have 3 or more years of experience in the market
 5176  served. The contract may be made with up to three tenant brokers
 5177  in order to serve the marketplace in the north, central, and
 5178  south areas of the state.
 5179         2. Each contracted tenant broker shall work under the
 5180  direction, supervision, and authority of the state agency,
 5181  subject to the rules governing lease procurements.
 5182         3. The department shall provide training for the awarded
 5183  tenant brokers concerning the rules governing the procurement of
 5184  leases.
 5185         4. Tenant brokers must comply with all applicable
 5186  provisions of s. 475.278.
 5187         5. Real estate consultants and tenant brokers shall be
 5188  compensated by the state agency, subject to the provisions of
 5189  the term contract, and such compensation is subject to
 5190  appropriation by the Legislature. A real estate consultant or
 5191  tenant broker may not receive compensation directly from a
 5192  lessor for services that are rendered under the term contract.
 5193  Moneys paid to a real estate consultant or tenant broker are
 5194  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5195  a lessor to the state agency under a facility leasing
 5196  arrangement are not subject to the charges imposed under s.
 5197  215.20. All terms relating to the compensation of the real
 5198  estate consultant or tenant broker must shall be specified in
 5199  the term contract and may not be supplemented or modified by the
 5200  state agency using the contract.
 5201         6. The department shall conduct periodic customer
 5202  satisfaction surveys.
 5203         7. Each state agency shall report the following information
 5204  to the department:
 5205         a. The number of leases that adhere to the goal of the
 5206  workspace-management initiative of 180 square feet per FTE.
 5207         b. The quality of space leased and the adequacy of tenant
 5208  improvement funds.
 5209         c. The timeliness of lease procurement, measured from the
 5210  date of the agency’s request to the finalization of the lease.
 5211         d. Whether cost-benefit analyses were performed before
 5212  execution of the lease in order to ensure that the lease is in
 5213  the best interest of the state.
 5214         e. The lease costs compared to market rates for similar
 5215  types and classifications of space according to the official
 5216  classifications of the Building Owners and Managers Association.
 5217         (4)
 5218         (c) Because the state has a substantial financial
 5219  investment in state-owned buildings, it is legislative policy
 5220  and intent that when state-owned buildings meet the needs of
 5221  state agencies, agencies must fully use such buildings before
 5222  leasing privately owned buildings. By September 15, 2006, The
 5223  department of Management Services shall create a 5-year plan for
 5224  implementing this policy. The department shall update this plan
 5225  annually, detailing proposed departmental actions to meet the
 5226  plan’s goals, and shall furnish this plan annually as part of
 5227  the master leasing report.
 5228         (5) Before construction or renovation of any state-owned
 5229  building or state-leased space is commenced, the department of
 5230  Management Services shall ascertain, by submission of proposed
 5231  plans to the Division of State Fire Marshal for review, that the
 5232  proposed construction or renovation plan complies with the
 5233  uniform firesafety standards required by the division of State
 5234  Fire Marshal. The review of construction or renovation plans for
 5235  state-leased space must shall be completed within 10 calendar
 5236  days after of receipt of the plans by the division of State Fire
 5237  Marshal. The review of construction or renovation plans for a
 5238  state-owned building must shall be completed within 30 calendar
 5239  days after of receipt of the plans by the division of State Fire
 5240  Marshal. The responsibility for submission and retrieval of the
 5241  plans called for in this subsection may shall not be imposed on
 5242  the design architect or engineer, but shall be the
 5243  responsibility of the two agencies. If Whenever the division of
 5244  State Fire Marshal determines that a construction or renovation
 5245  plan is not in compliance with such uniform firesafety
 5246  standards, the division of State Fire Marshal may issue an order
 5247  to cease all construction or renovation activities until
 5248  compliance is obtained, except those activities required to
 5249  achieve such compliance. The department of Management Services
 5250  shall withhold approval of any proposed lease until the
 5251  construction or renovation plan complies with the division’s
 5252  uniform firesafety standards of the Division of State Fire
 5253  Marshal. The cost of all modifications or renovations made for
 5254  the purpose of bringing leased property into compliance with the
 5255  uniform firesafety standards shall be borne by the lessor.
 5256         (6) Before construction or substantial improvement of any
 5257  state-owned building is commenced, the department of Management
 5258  Services must ascertain that the proposed construction or
 5259  substantial improvement complies with the flood plain management
 5260  criteria for mitigation of flood hazards, as prescribed in the
 5261  October 1, 1986, rules and regulations of the Federal Emergency
 5262  Management Agency, and the department shall monitor the project
 5263  to assure compliance with the criteria. In accordance with
 5264  chapter 120, The department of Management Services shall adopt
 5265  any necessary rules necessary to ensure that all such proposed
 5266  state construction and substantial improvement of state
 5267  buildings in designated flood-prone areas complies with the
 5268  flood plain management criteria. If Whenever the department
 5269  determines that a construction or substantial improvement
 5270  project is not in compliance with the established flood plain
 5271  management criteria, the department may issue an order to cease
 5272  all construction or improvement activities until compliance is
 5273  obtained, except those activities required to achieve such
 5274  compliance.
 5275         (10) The department of Management Services may approve
 5276  emergency acquisition of space without competitive bids if
 5277  existing state-owned or state-leased space is destroyed or
 5278  rendered uninhabitable by an act of God, fire, malicious
 5279  destruction, or structural failure, or by legal action, if the
 5280  chief administrator of the state agency or the chief
 5281  administrator’s designee designated representative certifies in
 5282  writing that no other agency-controlled space is available to
 5283  meet this emergency need, but in no case shall the lease for
 5284  such space exceed 11 months. If the lessor elects not to replace
 5285  or renovate the destroyed or uninhabitable facility, the agency
 5286  shall procure the needed space by competitive bid in accordance
 5287  with s. 255.249(4)(b). If the lessor elects to replace or
 5288  renovate the destroyed or uninhabitable facility and the
 5289  construction or renovations will not be complete at the end of
 5290  the 11-month lease, the agency may modify the lease to extend it
 5291  on a month-to-month basis for an additional 6 months to allow
 5292  completion of such construction or renovations.
 5293         Section 151. Subsections (1) and (2) of section 255.25001,
 5294  Florida Statutes, are amended to read:
 5295         255.25001 Suspension or delay of specified functions,
 5296  programs, and requirements relating to governmental operations.
 5297  Notwithstanding the provisions of:
 5298         (1) Section 946.504(3), as amended by chapter 92-279, Laws
 5299  of Florida, the Department of Environmental Protection is
 5300  Management Services shall not be required to participate with
 5301  the Department of Corrections in the correctional work program
 5302  (PRIDE) leasing process.
 5303         (2) Sections 253.025 and 255.25, the Department of
 5304  Environmental Protection may adopt Management Services has the
 5305  authority to promulgate rules pursuant to chapter 120 to be used
 5306  in determining whether a lease-purchase of a state-owned office
 5307  building is in the best interests of the state, which rules
 5308  provide:
 5309         (a) Procedures state agencies shall will follow to certify
 5310  the need for a lease-purchase acquisition for a state-owned
 5311  office building to the department of Management Services and a
 5312  notification procedure of the department’s decision regarding
 5313  state agencies’ requests for a lease-purchase agreement. The
 5314  certification process shall include but not be limited to the
 5315  following:
 5316         1. Current programmatic space requirements of the state
 5317  agency.
 5318         2. Future programmatic space requirements of the state
 5319  agency.
 5320         3. Time considerations in providing state-owned office
 5321  building space.
 5322         4. An analysis of existing leases affected by the lease
 5323  purchase agreement.
 5324         (b) Procedures and document formats for the advertisement,
 5325  competitive bid process, including format of submissions, and
 5326  evaluation of lease-purchase acquisition proposals for state
 5327  owned office buildings. The evaluation process shall include but
 5328  not be limited to the following:
 5329         1. A consideration of the cost of comparable operating
 5330  leases.
 5331         2. The appraised value of the facility as required by s.
 5332  253.025.
 5333         3. A present value analysis of the proposed payment stream.
 5334         4. The cost of financing the facility to be acquired.
 5335         5. The cost to repair identified physical defects.
 5336         6. The cost to remove identified hazardous substances.
 5337         7. An energy analysis.
 5338         8. A determination of who is responsible for management and
 5339  maintenance activities.
 5340  
 5341  In order to minimize the cost of the evaluation process, the
 5342  department of Management Services may develop a multistage
 5343  evaluation process to identify the most cost-efficient proposals
 5344  for extensive evaluation. The studies developed as a result of
 5345  this evaluation process are shall be considered confidential and
 5346  exempt from the provisions of s. 119.07(1) to the same extent
 5347  that appraisal reports are considered confidential and exempt
 5348  from the provisions of s. 119.07(1) as provided in s.
 5349  253.025(6)(d).
 5350         (c) Acceptable terms and conditions for inclusion in lease
 5351  purchase agreements, which shall include, but are not be limited
 5352  to:
 5353         1. The assignment of the lease-purchase agreement to other
 5354  governmental entities, including accumulated equity.
 5355         2. The ability of the acquiring state agency to sublease up
 5356  to 25 percent of a portion of the facility, not to exceed 25
 5357  percent, to other governmental entities. These subleases must
 5358  shall provide for the recovery of the agencies’ cost of
 5359  operations and maintenance.
 5360  
 5361  The execution of a lease-purchase is conditioned upon a finding
 5362  by the Department of Environmental Protection Management
 5363  Services that it would be in the best interests of the state.
 5364  The language in This subsection shall be considered specific
 5365  authorization for a lease-purchase pursuant to s. 255.25(1)(c)
 5366  upon the department’s Department of Management Services’
 5367  certification that the lease-purchase is in the best interests
 5368  of the state. Thereafter, the agency may is authorized to enter
 5369  into a lease-purchase agreement and to expend operating funds
 5370  for lease-purchase payments. Any facility that which is acquired
 5371  pursuant to the processes authorized by this subsection is shall
 5372  be considered to be a “state-owned office building” and a
 5373  “state-owned building” as those terms are applied in ss.
 5374  255.248-255.25.
 5375         (d) That any costs resulting from the processes authorized
 5376  by this subsection, including but not limited to appraisals,
 5377  environmental analyses, and any other studies that which may be
 5378  required under these provisions, shall be borne by the owner of
 5379  the property that which is the subject of the proposed lease
 5380  purchase.
 5381         Section 152. Subsection (5) of section 255.252, Florida
 5382  Statutes, is amended to read:
 5383         255.252 Findings and intent.—
 5384         (5) Each state agency occupying space within buildings
 5385  owned or managed by the Department of Environmental Protection
 5386  Management Services must identify and compile a list of projects
 5387  determined to be suitable for a guaranteed energy, water, and
 5388  wastewater performance savings contract pursuant to s. 489.145.
 5389  The list of projects compiled by each state agency shall be
 5390  submitted to the department of Management Services by December
 5391  31, 2008, and must include all criteria used to determine
 5392  suitability. The list of projects shall be developed from the
 5393  list of state-owned facilities more than 5,000 square feet in
 5394  area and for which the state agency is responsible for paying
 5395  the expenses of utilities and other operating expenses as they
 5396  relate to energy use. In consultation with the head of each
 5397  state agency, by July 1, 2009, the department shall prioritize
 5398  all projects deemed suitable by each state agency and shall
 5399  develop an energy-efficiency project schedule based on factors
 5400  such as project magnitude, efficiency and effectiveness of
 5401  energy conservation measures to be implemented, and other
 5402  factors that may prove to be advantageous to pursue. The
 5403  schedule shall provide the deadline for guaranteed energy,
 5404  water, and wastewater performance savings contract improvements
 5405  to be made to the state-owned buildings.
 5406         Section 153. Subsection (1) of section 255.253, Florida
 5407  Statutes, is amended to read:
 5408         255.253 Definitions; ss. 255.251-255.258.—
 5409         (1) “Department” means the Department of Environmental
 5410  Protection Management Services.
 5411         Section 154. Subsection (3) of section 255.257, Florida
 5412  Statutes, is amended to read:
 5413         255.257 Energy management; buildings occupied by state
 5414  agencies.—
 5415         (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
 5416  department of Management Services shall develop a state energy
 5417  management plan consisting of, but not limited to, the following
 5418  elements:
 5419         (a) Data-gathering requirements;
 5420         (b) Building energy audit procedures;
 5421         (c) Uniform data analysis procedures;
 5422         (d) Employee energy education program measures;
 5423         (e) Energy consumption reduction techniques;
 5424         (f) Training program for state agency energy management
 5425  coordinators; and
 5426         (g) Guidelines for building managers.
 5427  
 5428  The plan must shall include a description of actions that state
 5429  agencies shall take to reduce consumption of electricity and
 5430  nonrenewable energy sources used for space heating and cooling,
 5431  ventilation, lighting, water heating, and transportation.
 5432         Section 155. Subsection (2) of section 255.2575, Florida
 5433  Statutes, is amended to read:
 5434         255.2575 Energy-efficient and sustainable buildings.—
 5435         (2) All county, municipal, school district, water
 5436  management district, state university, community college, and
 5437  Florida state court buildings shall be constructed to meet the
 5438  United States Green Building Council (USGBC) Leadership in
 5439  Energy and Environmental Design (LEED) rating system, the Green
 5440  Building Initiative’s Green Globes rating system, the Florida
 5441  Green Building Coalition standards, or a nationally recognized,
 5442  high-performance green building rating system as approved by the
 5443  department of Management Services. This section applies shall
 5444  apply to all county, municipal, school district, water
 5445  management district, state university, community college, and
 5446  Florida state court buildings the architectural plans of which
 5447  are commenced after July 1, 2008.
 5448         Section 156. Subsections (2) and (3) of section 255.259,
 5449  Florida Statutes, are amended to read:
 5450         255.259 Florida-friendly landscaping on public property.—
 5451         (2) As used in this section, “publicly owned buildings or
 5452  facilities” means construction projects under the purview of the
 5453  Department of Environmental Protection Management Services. The
 5454  term does not include environmentally endangered land or roads
 5455  and highway construction under the purview of the Department of
 5456  Transportation.
 5457         (3) The Department of Management Services, in consultation
 5458  with the Department of Environmental Protection, shall adopt
 5459  rules and guidelines for the required use of Florida-friendly
 5460  landscaping on public property associated with publicly owned
 5461  buildings or facilities constructed after June 30, 2009. The
 5462  department of Management Services shall also develop a 5-year
 5463  program for phasing in the use of Florida-friendly landscaping
 5464  on public property associated with publicly owned buildings or
 5465  facilities constructed before July 1, 2009. In accomplishing
 5466  these tasks, the department of Management Services shall take
 5467  into account the standards provided in s. 373.185. The
 5468  Department of Transportation shall implement Florida-friendly
 5469  landscaping pursuant to s. 335.167.
 5470         Section 157. Paragraphs (c) and (d) of subsection (1) of
 5471  section 255.28, Florida Statutes, are amended to read:
 5472         255.28 Department authority to acquire land with or for
 5473  facility thereon.—
 5474         (1) For the purposes of this section:
 5475         (c) “Building” or “facility” means those construction
 5476  projects under the purview of the department of Management
 5477  Services. It shall not include Environmentally endangered land,
 5478  recreational land, or roads and highway construction under the
 5479  purview of the Department of Transportation are not included.
 5480         (d) “Department” means the Department of Environmental
 5481  Protection Management Services.
 5482         Section 158. Section 255.29, Florida Statutes, is amended
 5483  to read:
 5484         255.29 Construction contracts; department rules.—The
 5485  Department of Environmental Protection Management Services shall
 5486  establish by rule, through the adoption of administrative rules
 5487  as provided in chapter 120:
 5488         (1) Procedures for determining the qualifications and
 5489  responsibility of potential bidders before prior to
 5490  advertisement for and receipt of bids for building construction
 5491  contracts, including procedures for the rejection of bidders who
 5492  are reasonably determined from prior experience to be
 5493  unqualified or irresponsible to perform the work required by a
 5494  proposed contract.
 5495         (2) Procedures for awarding each state agency construction
 5496  project to the lowest qualified bidder as well as procedures to
 5497  be followed when in cases in which the department of Management
 5498  Services declares the existence of a valid emergency that
 5499  necessitates to exist which would necessitate the waiver of the
 5500  rules governing the awarding of state construction contracts to
 5501  the lowest qualified bidder.
 5502         (3) Procedures to govern negotiations for construction
 5503  contracts and modifications to contract documents if when such
 5504  negotiations are determined by the secretary of the department
 5505  of Management Services to be in the best interest of the state.
 5506         (4) Procedures for entering into performance-based
 5507  contracts for the development of public facilities when the
 5508  department of Management Services determines the use of such
 5509  contracts to be in the best interest of the state. The
 5510  procedures must shall include, but are not limited to:
 5511         (a) Prequalification of bidders;
 5512         (b) Criteria to be used in developing requests for
 5513  proposals which may provide for singular responsibility for
 5514  design and construction, developer flexibility in material
 5515  selection, construction techniques, and application of state-of
 5516  the-art improvements;
 5517         (c) Accelerated scheduling, including the development of
 5518  plans, designs, and construction simultaneously; and
 5519         (d) Evaluation of proposals and award of contracts
 5520  considering such factors as price, quality, and concept of the
 5521  proposal.
 5522         Section 159. Subsection (1) of section 255.30, Florida
 5523  Statutes, is amended to read:
 5524         255.30 Fixed capital outlay projects; department rules;
 5525  delegation of supervisory authority; delegation of
 5526  responsibility for accounting records.—
 5527         (1) The Department of Environmental Protection Management
 5528  Services shall make and adopt rules pursuant to chapter 120 in
 5529  order to establish a procedure for delegating to state agencies
 5530  its supervisory authority as it relates to the repair,
 5531  alteration, and construction of fixed capital outlay projects.
 5532         Section 160. Section 255.31, Florida Statutes, is amended
 5533  to read:
 5534         255.31 Authority to the Department of Management Services
 5535  to manage construction projects for state and local
 5536  governments.—
 5537         (1) The design, construction, erection, alteration,
 5538  modification, repair, and demolition of all public and private
 5539  buildings are governed by the Florida Building Code and the
 5540  Florida Fire Prevention Code, which are to be enforced by local
 5541  jurisdictions or local enforcement districts unless specifically
 5542  exempted as provided in s. 553.80. However, the Department of
 5543  Environmental Protection Management Services shall provide the
 5544  project management and administration services for the
 5545  construction, renovation, repair, modification, or demolition of
 5546  buildings, utilities, parks, parking lots, or other facilities
 5547  or improvements for projects for which the funds are
 5548  appropriated to the department. However; provided that, with the
 5549  exception of facilities constructed under the authority of
 5550  chapters 944, 945, and 985; the Governor’s mansion and grounds
 5551  thereof, as described in s. 272.18; and the Capitol Building and
 5552  environs, being that part of the City of Tallahassee bounded on
 5553  the north by Pensacola and Jefferson Streets, on the east by
 5554  Monroe Street, on the south by Madison Street, and on the west
 5555  by Duval Street, the department may not conduct plans reviews or
 5556  inspection services for consistency with the Florida Building
 5557  Code. The department’s fees for such services shall be paid from
 5558  such appropriations.
 5559         (2) The Department of Environmental Protection Management
 5560  Services may, upon request, enter into contracts with other
 5561  state agencies under which the department may provide the
 5562  project management, administration services, or assistance for
 5563  the construction, renovation, repair, modification, or
 5564  demolition of buildings, utilities, parks, parking lots, or
 5565  other facilities or improvements for projects for which the
 5566  funds are appropriated to other state agencies; however,
 5567  provided that the department may does not conduct plans reviews
 5568  or inspection services for consistency with the Florida Building
 5569  Code. The contracts must shall provide for payment of fees to
 5570  the department.
 5571         (3) This section may shall not be construed to be in
 5572  derogation of any authority conferred on the department by other
 5573  provisions of law.
 5574         Section 161. Paragraph (d) of subsection (1) of section
 5575  255.32, Florida Statutes, is amended to read:
 5576         255.32 State construction management contracting.—
 5577         (1) As used in this section, the term:
 5578         (d) “Department” means the Department of Environmental
 5579  Protection Management Services.
 5580         Section 162. Section 255.45, Florida Statutes, is amended
 5581  to read:
 5582         255.45 Correction of firesafety violations in certain
 5583  state-owned property.—The Department of Environmental Protection
 5584  Management Services is responsible for ensuring that firesafety
 5585  violations that are noted by the State Fire Marshal pursuant to
 5586  s. 633.085 are corrected as soon as practicable for all state
 5587  owned property which is leased from the department of Management
 5588  Services.
 5589         Section 163. Section 255.451, Florida Statutes, is amended
 5590  to read:
 5591         255.451 Electronic firesafety and security system.—The
 5592  management responsibility of the electronic firesafety and
 5593  security system located within the Capitol and any associated
 5594  system associated therewith is vested in the Department of
 5595  Environmental Protection Management Services.
 5596         Section 164. Present subsections (6) through (18) of
 5597  section 255.502, Florida Statutes, are redesignated as
 5598  subsections (7) through (15), a new subsection (6) is added to
 5599  that section, and paragraphs (c), (d), and (l) of subsections
 5600  (2), and present subsections (5), (7), (10), (12), (14), and
 5601  (16) of that section, are amended to read:
 5602         255.502 Definitions; ss. 255.501-255.525.—As used in this
 5603  act, the following words and terms shall have the following
 5604  meanings unless the context otherwise requires:
 5605         (2) “Acquisition costs” means all reasonable and necessary
 5606  costs incurred in the acquisition of a facility, which costs may
 5607  include, but are not limited to:
 5608         (c) Any expenses relating to the issuance of the
 5609  obligations by the division in the name and on behalf of the
 5610  department of Management Services, including, but not limited
 5611  to, private placement fees, underwriting fees, original issue
 5612  discounts, rating agency fees, and other necessary fees.
 5613         (d) Fees in connection with the planning, execution, and
 5614  financing of a project, such as those of architects, engineers,
 5615  attorneys, feasibility consultants, financial advisers,
 5616  accountants, and the department of Management Services,
 5617  including the allocable portions of direct costs of the
 5618  department of Management Services and the lessee agencies.
 5619         (l) The reimbursement of all moneys advanced or supplied to
 5620  or borrowed by the department of Management Services or others
 5621  for the payment of any item of cost of a facility.
 5622         (5) “Debt service charges” means, collectively, principal,
 5623  including mandatory sinking fund requirements and the accretion
 5624  portion of any capital appreciation bonds for retirement of
 5625  obligations, interest, redemption premium, if any, required to
 5626  be paid by the department of Management Services on obligations
 5627  issued under this act and any obligation administrative fees.
 5628         (6) “Department” means the Department of Environmental
 5629  Protection.
 5630         (8)(7) “Eligible facility” means all state-owned facilities
 5631  under the jurisdiction of the department of Management Services
 5632  and all other state-owned facilities except those having less
 5633  than 3,000 square feet.
 5634         (11)(10) “Obligation administrative fees” means any
 5635  periodic expense, charge, or cost relating to or incurred in
 5636  connection with remarketing of obligations such as remarketing
 5637  agent or indexing agent fees and any periodic expense, charge,
 5638  or cost related to any obligations or to credit enhancements or
 5639  liquidity features, including, but not limited to, letter of
 5640  credit fees, whether direct pay or standby, swap agent fees and
 5641  similar expenses, periodic fees and expenses, if any, of
 5642  trustees, depositories, registrars, book entry registrars and
 5643  paying agents, and any allowances established by the department
 5644  of Management Services for working capital, contingency
 5645  reserves, and reserves for any anticipated operating deficits
 5646  during each fiscal year.
 5647         (13)(12) “Pool pledged revenues” means all legislative
 5648  appropriations and all fees, charges, revenues, or receipts
 5649  derived by the department of Management Services from the
 5650  operation, leasing, or other disposition of facilities in the
 5651  pool, and the proceeds of obligations issued under this act,
 5652  including and shall include any moneys appropriated to an agency
 5653  for the purpose of making such rental payments, rental payments
 5654  received with respect to such facilities from whatever sources,
 5655  and receipts therefrom, and investment of any such moneys
 5656  pursuant to this act, all as are available for the payment of
 5657  debt service charges on such obligations as are issued with
 5658  respect to the pool.
 5659         (15)(14) “Qualified facility” means an eligible facility
 5660  that which is either:
 5661         (a) Structurally sound and is in a satisfactory state of
 5662  repair;
 5663         (b) Determined by the department of Management Services to
 5664  be suitable for entry into the pool although not meeting the
 5665  requirements of paragraph (a); or
 5666         (c) Under the jurisdiction of the department of Management
 5667  Services.
 5668         (17)(16) “Revenue bonds” means any bonds, debentures,
 5669  notes, certificates, or other evidences of financial
 5670  indebtedness, whether certificated or noncertificated, issued by
 5671  the division on behalf of the department of Management Services
 5672  under and pursuant to this act, including, but not limited to,
 5673  variable rate obligations, designated maturity obligations,
 5674  capital appreciation bonds, original issue discount bonds, and
 5675  multimodal instruments or obligations, or instruments combining
 5676  any of the foregoing.
 5677         Section 165. Section 255.503, Florida Statutes, is amended
 5678  to read:
 5679         255.503 Powers of the Department of Environmental
 5680  Protection Management Services.—The department is authorized of
 5681  Management Services shall have all the authority necessary to
 5682  carry out and effectuate the purposes and provisions of this
 5683  act, including, but not limited to, the authority to:
 5684         (1) Collect reasonable rentals or charges for the use of
 5685  and services provided for facilities in the pool in accordance
 5686  with the provisions of this act exclusively for the purpose of
 5687  paying the expenses of improving, repairing, maintaining, and
 5688  operating facilities and paying debt service charges in
 5689  connection with its obligations.
 5690         (2) Prescribe for the use of facilities in the pool,
 5691  prescribe the amount of rentals or charges, and make and enter
 5692  into contracts with any political subdivision or agency, for the
 5693  use of and services provided for such facilities.
 5694         (3) Acquire facilities pursuant to s. 11(f), Art. VII of
 5695  the State Constitution and own, operate, and finance such
 5696  facilities in accordance with this act through the issuance of
 5697  obligations by the division under this act; to use utilize
 5698  rentals or charges from such facilities, as well as any
 5699  appropriated state or other public funds; and to pledge revenue
 5700  from such facilities to finance the acquisition of facilities
 5701  pursuant to the provisions of this act.
 5702         (4) Operate existing state-owned facilities in the pool and
 5703  to pledge rentals or charges for such facilities to finance the
 5704  acquisition of facilities pursuant to the provisions of this
 5705  act.
 5706         (5) Pledge, hypothecate, or otherwise encumber rentals or
 5707  charges as may be agreed as security for obligations issued
 5708  under this act and enter into trust agreements or indentures for
 5709  the benefit of the holders of such obligations.
 5710         (6) Borrow money or accept advances, loans, gifts, grants,
 5711  devises, or bequests from any legal source; enter into contracts
 5712  or agreements with any party; and hold and apply advances,
 5713  loans, gifts, grants, devises, or bequests according to the
 5714  terms thereof. Such advances, loans, gifts, grants, devises, or
 5715  bequests of real estate may be in fee simple or of any lesser
 5716  estate and may be subject to any reasonable reservations. Any
 5717  advances or loans received from any source may be repaid in
 5718  accordance with the terms of such advance or loan.
 5719         (7)(a) Sell, lease, release, or otherwise dispose of
 5720  facilities in the pool in accordance with applicable law.
 5721         (b) Upon determining No later than the date upon which the
 5722  department recommends to the Division of State Lands of the
 5723  Department of Environmental Protection the disposition of any
 5724  facility within the Florida Facilities Pool, the department
 5725  shall provide to the President of the Senate, the Speaker of the
 5726  House of Representatives, the Executive Office of the Governor,
 5727  and the Division of Bond Finance of the State Board of
 5728  Administration an analysis that includes:
 5729         1. The cost benefit of the proposed facility disposition,
 5730  including the facility’s current operating expenses, condition,
 5731  and market value, and viable alternatives for work space for
 5732  impacted state employees.
 5733         2. The effect of the proposed facility disposition on the
 5734  financial status of the Florida Facilities Pool, including the
 5735  effect on rental rates and coverage requirement for the bonds.
 5736  
 5737  This paragraph expires July 1, 2010.
 5738         (8) Create and establish funds and accounts for the purpose
 5739  of debt service reserves, for the matching of the timing and the
 5740  amount of available funds and debt service charges, for sinking
 5741  funds, for capital depreciation reserves, for operating
 5742  reserves, for capitalized interest and moneys not required for
 5743  immediate disbursement to acquire all or a portion of any
 5744  facility, and for any other reserves, funds, or accounts
 5745  reasonably necessary to carry out the provisions of this act and
 5746  to invest in authorized investments any moneys held in such
 5747  funds and accounts if, provided such investments will be made on
 5748  behalf of the department of Management Services by the State
 5749  Board of Administration or the Chief Financial Officer, as
 5750  appropriate.
 5751         (9) Engage the services of consultants for rendering
 5752  professional and technical assistance and advice and to engage
 5753  services of professionals in connection with the acquisition or
 5754  financing of any facility or the operation and activities of the
 5755  department of Management Services, including attorneys,
 5756  auditors, consultants, and accountants.
 5757         (10) Lease all or any portion of any facility to an agency
 5758  or to any political subdivision.
 5759         (11) Adopt Promulgate all rules necessary to administer
 5760  implement the provisions of this act.
 5761         (12) Do all other acts reasonably necessary to carry out
 5762  the provisions of this act.
 5763         Section 166. Subsection (1) of section 255.504, Florida
 5764  Statutes, is amended to read:
 5765         255.504 Use of facilities.—
 5766         (1) Any facility that which is acquired and approved
 5767  pursuant to s. 11(f), Art. VII of the State Constitution and
 5768  financed under this act, and any facility in the pool shall be
 5769  occupied to the extent that space is available, by agencies as
 5770  authorized by the department of Management Services.
 5771         Section 167. Section 255.505, Florida Statutes, is amended
 5772  to read:
 5773         255.505 Creation of the pool.—The department of Management
 5774  Services is hereby authorized and directed to create the Florida
 5775  Facilities Pool in order for that agencies to may participate,
 5776  and thereby pool the rentals to be paid by such agencies, at
 5777  uniform rates with additional charges for services provided, and
 5778  to authorize the issuance of obligations secured by and payable
 5779  from such rentals and charges. Participation in the pool must
 5780  shall be in accordance with the provisions of this act.
 5781         Section 168. Subsections (1), (3), and (4) of section
 5782  255.506, Florida Statutes, are amended to read:
 5783         255.506 Facilities in pool.—The following facilities shall
 5784  be entered into the pool:
 5785         (1) All existing state-owned facilities under the
 5786  jurisdiction of the department of Management Services shall be
 5787  entered into the pool upon the creation of the pool.
 5788         (3) Any agency may submit all, but not less than all, of
 5789  the eligible facilities under its jurisdiction for entry into
 5790  the pool. Each of such eligible facilities which is determined
 5791  by the department of Management Services to be a qualified
 5792  facility shall be entered into the pool upon such determination.
 5793         (4) Any agency that which requests the issuance of
 5794  obligations under this act for the financing of the acquisition
 5795  of a facility shall submit all, but not less than all, of the
 5796  eligible facilities under its jurisdiction for entry into the
 5797  pool. Each of such eligible facilities which is determined by
 5798  the department of Management Services to be a qualified facility
 5799  shall be entered into the pool upon such a determination.
 5800         Section 169. Section 255.507, Florida Statutes, is amended
 5801  to read:
 5802         255.507 Determination of qualified facilities.—The
 5803  Department of Management Services, In making determinations
 5804  under s. 255.502(15)(b) 255.502(14)(b), the department shall
 5805  determine a facility to be a qualified facility if the facility
 5806  meets one either of the following standards:
 5807         (1) The facility is in compliance with the firesafety
 5808  standards established by the State Fire Marshal for state-owned
 5809  buildings, is in compliance with flood management criteria if it
 5810  is located in a flood-prone area, and is in good operating
 5811  condition in relation to its intended use.
 5812         (2) The facility’s economic benefit to the pool will be
 5813  equal to or greater than the cost of restoring the facility to
 5814  the condition described in subsection (1). For purposes of this
 5815  subsection, achieving such economic benefit means that the rent
 5816  to be paid by the occupants of the facility will be adequate to
 5817  repay the restoration costs within 5 years.
 5818         Section 170. Section 255.508, Florida Statutes, is amended
 5819  to read:
 5820         255.508 Participation in pool.—To participate in the pool,
 5821  an agency head shall submit a request to the department of
 5822  Management Services and to the division pursuant to rules
 5823  adopted by the department of Management Services pursuant to
 5824  this act.
 5825         Section 171. Section 255.509, Florida Statutes, is amended
 5826  to read:
 5827         255.509 Request for advisory statement.—
 5828         (1) Any agency may request from the Department of
 5829  Management Services an advisory statement from the department
 5830  which states shall state the estimated pool rental rate that
 5831  which would be assessed under current conditions for the
 5832  agency’s facilities if entered into the pool. The request for an
 5833  advisory statement must shall contain a description of each
 5834  eligible facility under the jurisdiction of the agency or to be
 5835  acquired by the agency.
 5836         (2) In rendering such advisory statement, the department of
 5837  Management Services shall consult with the division and is shall
 5838  be entitled to rely upon financial advisers or other
 5839  professionals and may assume whatever method of financing that
 5840  the division deems cost-effective.
 5841         Section 172. Section 255.51, Florida Statutes, is amended
 5842  to read:
 5843         255.51 Determination of rental rates.—The department of
 5844  Management Services shall determine and establish rental rates
 5845  charged and computed on a per square foot basis for all
 5846  facilities in the pool whether or not of new construction, and
 5847  such rates shall be applied uniformly to all agencies using or
 5848  occupying space in facilities in the pool with additional
 5849  charges based upon the elements of service and special requests
 5850  as provided. Separate rates and charges may be established for
 5851  warehouse space and parking space incidental to facilities in
 5852  the pool.
 5853         Section 173. Subsection (1) of section 255.511, Florida
 5854  Statutes, is amended to read:
 5855         255.511 Factors to be considered in establishing rental
 5856  rates.—
 5857         (1) The department of Management Services shall prepare a
 5858  complete annual budget for debt service on obligations issued
 5859  under this act and for capital depreciation reserve deposits and
 5860  expenses included in the operation and maintenance of each
 5861  facility in the pool.
 5862         Section 174. Section 255.513, Florida Statutes, is amended
 5863  to read:
 5864         255.513 Powers of the Division of Bond Finance and the
 5865  Department of Environmental Protection Management Services.—The
 5866  division of Bond Finance and the department of Management
 5867  Services are authorized to jointly:
 5868         (1) Engage the services of remarketing agents, indexing
 5869  agents, underwriters, financial advisers, special tax counsel,
 5870  bond counsel, or similar type services with respect to the
 5871  issuance of any obligations under this act.
 5872         (2) Procure credit enhancements such as municipal bond
 5873  insurance, debt service reserve insurance, lease payment
 5874  insurance, letters of credit or liquidity facilities such as
 5875  letters of credit or surety bonds, or to enter into rate
 5876  protection agreements, such as interest rate swaps or similar
 5877  arrangements, in conjunction with the issuance of any
 5878  obligations under this act.
 5879         Section 175. Section 255.514, Florida Statutes, is amended
 5880  to read:
 5881         255.514 Division of Bond Finance; revenue bonds.—The
 5882  division is authorized to issue obligations under this act on
 5883  behalf of and at the request of the department of Management
 5884  Services.
 5885         Section 176. Section 255.515, Florida Statutes, is amended
 5886  to read:
 5887         255.515 Issuance of obligations by the division.—With
 5888  respect to the issuance of any obligations under this act, the
 5889  division may shall be entitled to use such method of financing
 5890  or combination of methods of financing as it deems appropriate
 5891  to result in cost-effective financing. The division may shall be
 5892  entitled to rely upon the advice of financial advisers and other
 5893  professionals retained jointly by the department of Management
 5894  Services and the division for such purposes.
 5895         Section 177. Section 255.517, Florida Statutes, is amended
 5896  to read:
 5897         255.517 Anticipation obligations.—To provide funds for the
 5898  purposes of this act, and before prior to the delivery of an
 5899  issue of revenue bonds for the purposes of this act, the
 5900  division may, on behalf of the department of Management
 5901  Services, from time to time, by resolution, anticipate the
 5902  issuance of such revenue bonds by the issuance of revenue notes,
 5903  including commercial paper notes in the form of bond
 5904  anticipation notes, with or without coupons, exchangeable for
 5905  the revenue bonds when such revenue bonds have been executed and
 5906  are available for delivery, or to be paid, together with
 5907  interest and premium, if any, from the proceeds of the sale of
 5908  such revenue bonds or a renewal issue of revenue notes,
 5909  including commercial paper notes in the form of bond
 5910  anticipation notes. In connection with such revenue notes, the
 5911  department of Management Services may covenant to do all things
 5912  necessary to authorize the issuance of the obligations and shall
 5913  make the exchange or application of the proceeds pursuant to its
 5914  agreements. Such revenue notes and, in the case of commercial
 5915  paper notes, the latest maturity thereof may not shall mature
 5916  not later than 5 years from the date of issue of the original
 5917  revenue notes and shall bear such other terms and shall be
 5918  executed and sold in the manner authorized by the division and
 5919  not prohibited by this act.
 5920         Section 178. Subsections (1) and (2), paragraphs (b) and
 5921  (c) of subsection (5), paragraphs (a), (d), (e), and (f) of
 5922  subsection (6), paragraph (a) of subsection (7), and subsections
 5923  (8), (10), (11), (12), and (13) of section 255.518, Florida
 5924  Statutes, are amended to read:
 5925         255.518 Obligations; purpose, terms, approval,
 5926  limitations.—
 5927         (1)(a) The issuance of obligations shall provide sufficient
 5928  funds to achieve the purposes of this act; pay interest on
 5929  obligations except as provided in paragraph (b); pay expenses
 5930  incident to the issuance and sale of any obligations issued
 5931  pursuant to this act, including costs of validating, printing,
 5932  and delivering the obligations, printing the official statement,
 5933  publishing notices of sale of the obligations, and related
 5934  administrative expenses; pay building acquisition and
 5935  construction costs; and pay all other capital expenditures of
 5936  the department of Management Services and the division incident
 5937  to and necessary to carry out the purposes and powers granted by
 5938  this act, subject to the provisions of s. 11(f), Art. VII of the
 5939  State Constitution and the applicable provisions of the State
 5940  Bond Act. Such obligations are shall be payable solely from the
 5941  pool pledged revenues identified to such obligation.
 5942         (a) Proceeds of obligations may not be used to pay building
 5943  acquisition or construction costs for any facility until the
 5944  Legislature has appropriated funds from other sources estimated
 5945  to be necessary for all costs relating to the initial planning,
 5946  preliminary design and programming, and land acquisition for
 5947  such facility and until such planning, design, and land
 5948  acquisition activities have been completed. Obligation proceeds
 5949  for building construction, renovation, or acquisition shall be
 5950  requested for appropriation in any fiscal year by the department
 5951  of Management Services only if the department estimates that
 5952  such construction, renovation, or acquisition can be initiated
 5953  during such fiscal year.
 5954         (b) Payment of debt service charges on obligations during
 5955  the construction of any facility financed by such obligations
 5956  shall be made from funds other than proceeds of obligations.
 5957         (2) All obligations authorized by this act shall be issued
 5958  on behalf of and in the name of the Department of Management
 5959  Services by the division as provided by this act, with a term of
 5960  not more than 30 years and, except as otherwise provided herein,
 5961  in such principal amounts as shall be necessary to provide
 5962  sufficient funds to achieve the purposes of this act.
 5963         (5) Any resolution or resolutions authorizing any
 5964  obligations issued pursuant to this act shall provide that:
 5965         (b) The department of Management Services shall maintain
 5966  all facilities in the pool in a satisfactory state of repair,
 5967  subject to such exceptions as are determined by the department
 5968  of Management Services, provided that such exceptions do not
 5969  result in breach of any rate covenant in connection with the
 5970  obligations.
 5971         (c) The department of Management Services shall establish
 5972  pool rental rates in amounts so that the annualized amount of
 5973  pool pledged revenues for the then-current bond year is shall be
 5974  at least equal to the aggregate of 110 percent of debt services
 5975  charges, plus 100 percent of capital depreciation reserve
 5976  deposits, plus 100 percent of costs of operations and
 5977  maintenance, if any, in each case as shown in the annual budget
 5978  required pursuant to this act.
 5979         (6) Any resolution authorizing any obligations issued
 5980  pursuant to this act may contain provisions, without limitation,
 5981  which shall be a part of the contract with the holders thereof,
 5982  as to:
 5983         (a) Pledging all or any part of the assets of the
 5984  department of Management Services securing the same, including
 5985  leases with respect to all or any part of a facility, to secure
 5986  the payment of obligations, subject to any existing such
 5987  agreements with holders of obligations as may then exist.
 5988         (d) Vesting in the State Board of Administration such
 5989  property, rights, powers, and duties in trust as the division
 5990  and the department of Management Services may determine, and
 5991  limiting or abrogating the right of holders of obligations to
 5992  appoint a trustee under this act or limiting the rights, powers,
 5993  and duties of such trustee.
 5994         (e) Defining the acts or omissions to act which shall
 5995  constitute a default in the obligations and duties of the
 5996  division and the department of Management Services to the
 5997  holders of obligations and providing for the rights and remedies
 5998  of holders of obligations in the event of such default,
 5999  including, as matter of right, the appointment of a receiver;
 6000  provided such rights and remedies are shall not be inconsistent
 6001  with state law the general laws of the state and the other
 6002  provisions of this act.
 6003         (f) Providing for the segregation of revenues payable to
 6004  the department of Management Services as rentals or charges
 6005  arising from facilities in the pool; providing for the handling
 6006  of such revenues and the remittance of all or a portion thereof
 6007  to the State Board of Administration or a paying agent;
 6008  providing for the establishment of debt service reserves,
 6009  capitalized interest accounts, capital depreciation reserve
 6010  accounts, and the calculation of the amounts to be deposited
 6011  therein; providing for the procurement of letters of credit or
 6012  municipal bond insurance or similar credit enhancements or of
 6013  letters of credit or similar liquidity facilities for the
 6014  benefit of holders of such obligations or for the entering into
 6015  of agreements with remarketing agents, tender agents, or
 6016  indexing agents or of reimbursement agreements with respect to
 6017  any of the foregoing concerning any such obligations.
 6018         (7)(a) The obligations issued by the division on behalf of
 6019  and in the name of the department of Management Services shall
 6020  be sold at public sale in the manner provided by the State Bond
 6021  Act. However,; provided that if the division determines shall
 6022  determine that a negotiated sale of the obligations is in the
 6023  best interest of the state, the division may negotiate for sale
 6024  of the obligations with the underwriter jointly designated by
 6025  the division and the department of Management Services. In
 6026  authorizing the negotiated sale, the division shall provide
 6027  specific findings as to the reasons for the negotiated sale. The
 6028  reasons shall include, but are not be limited to,
 6029  characteristics of the obligations to be issued and prevailing
 6030  market conditions that necessitate a negotiated sale. If In the
 6031  event the division negotiates for sale of obligations, the
 6032  managing underwriter, or financial consultant or adviser, if
 6033  applicable, shall provide to the division, before awarding prior
 6034  to the award of such obligations to the managing underwriter, a
 6035  disclosure statement containing the following information:
 6036         1. An itemized list setting forth the nature and estimated
 6037  amounts of expenses to be incurred by the managing underwriter
 6038  in connection with the issuance of such obligations. However
 6039  Notwithstanding the foregoing, any such list may include an item
 6040  for miscellaneous expenses, provided it includes only minor
 6041  items of expense which are not cannot be easily categorized
 6042  elsewhere in the statement.
 6043         2. The names, addresses, and estimated amounts of
 6044  compensation of any finders connected with the issuance of the
 6045  obligations.
 6046         3. The amount of underwriting spread expected to be
 6047  realized.
 6048         4. Any management fee charged by the managing underwriter.
 6049         5. Any other fee, bonus, or compensation estimated to be
 6050  paid by the managing underwriter in connection with the
 6051  obligations issued to any person not regularly employed or
 6052  retained by it.
 6053         6. The name and address of the managing underwriter, if
 6054  any, connected with the obligations issued.
 6055         7. Any other disclosure which the division may require.
 6056  
 6057  This paragraph is not intended to restrict or prohibit the
 6058  employment of professional services relating to obligations
 6059  issued under this act or the issuance of bonds by the division
 6060  under any other provisions of law.
 6061         (8)(a) No underwriter, commercial bank, investment banker,
 6062  or financial consultant or adviser shall pay any finder any
 6063  bonus, fee, or gratuity in connection with the sale of
 6064  obligations issued by the division on behalf of and in the name
 6065  of the department of Management Services unless full disclosure
 6066  is made to the division before prior to or concurrently with the
 6067  submission of a purchase proposal for such obligations by the
 6068  underwriter, commercial bank, investment banker, or financial
 6069  consultant or adviser and is made subsequently in the official
 6070  statement or offering circular, if any, detailing the name and
 6071  address of any finder and the amount of bonus, fee, or gratuity
 6072  paid to such finder.
 6073         (a)(b) A willful violation of this subsection is a felony
 6074  of the third degree, punishable as provided in s. 775.082, s.
 6075  775.083, or s. 775.084.
 6076         (b)(c)A No violation of this subsection does not shall
 6077  affect the validity of any obligation issued under this act.
 6078         (10) All obligations issued by the division on behalf of
 6079  and in the name of the department of Management Services shall
 6080  state on the face thereof that they are payable, both as to
 6081  principal and interest, and premium, if any, solely out of the
 6082  pool pledged revenues, and do not constitute an obligation,
 6083  either general or special, of the state or of any political
 6084  subdivision.
 6085         (11) All obligations issued by the division on behalf of
 6086  and in the name of the department of Management Services are
 6087  hereby declared to have all the qualities and incidents of
 6088  negotiable instruments under the applicable laws of the state.
 6089         (12) Any pledge of earnings, revenues, or other moneys made
 6090  by the department are of Management Services shall be valid and
 6091  binding from the time the pledge is made. Any earnings,
 6092  revenues, or other moneys so pledged and thereafter received by
 6093  the department of Management Services shall immediately be
 6094  subject to the lien of that pledge without any physical delivery
 6095  thereof or further act, and the lien of the pledge is shall be
 6096  valid and binding as against the department of Management
 6097  Services irrespective of whether the parties have notice
 6098  thereof. Neither the resolution nor any other instrument by
 6099  which a pledge is created need be recorded or filed pursuant to
 6100  the Uniform Commercial Code.
 6101         (13) No employee of the department of Management Services
 6102  or the division, nor any person lawfully executing obligations
 6103  issued under this act by the division on behalf of and in the
 6104  name of the Department of Management Services, is shall be
 6105  liable personally liable on the obligations or be subject to any
 6106  personal liability or accountability by reason of the issuance
 6107  thereof.
 6108         Section 179. Section 255.52, Florida Statutes, is amended
 6109  to read:
 6110         255.52 Approval by State Board of Administration.—At or
 6111  before prior to the sale by the division, all obligations
 6112  proposed to be issued by the division must shall be approved by
 6113  the State Board of Administration as to fiscal sufficiency. The
 6114  state board of Administration shall look to the rate coverage of
 6115  all pool pledged revenues, as projected by the department of
 6116  Management Services, with respect to all proposed and
 6117  outstanding obligations issued under this act:
 6118         (1) One hundred and ten percent of debt service charges;
 6119  plus
 6120         (2) One hundred percent of capital depreciation reserved
 6121  deposits, if any; plus
 6122         (3) One hundred percent of costs of operation and
 6123  maintenance.
 6124  
 6125  With respect to variable rate obligations, such evaluation shall
 6126  be made at the interest rate for the date of sale determined as
 6127  provided in s. 255.519.
 6128         Section 180. Section 255.521, Florida Statutes, is amended
 6129  to read:
 6130         255.521 Failure of payment.—If Should an agency fails fail
 6131  to make a timely payment of the pool pledged rentals or charges
 6132  as required by this act, the Chief Financial Officer shall
 6133  withhold general revenues of the agency in an amount sufficient
 6134  to pay the rentals and charges due and unpaid from such agency.
 6135  The Chief Financial Officer shall forward such general revenue
 6136  amounts to the department of Management Services in payment of
 6137  such rents.
 6138         Section 181. Section 255.522, Florida Statutes, is amended
 6139  to read:
 6140         255.522 State and political subdivisions not liable on
 6141  obligations.—Obligations issued pursuant to this act are shall
 6142  not be a debt of the state or of any political subdivision, and
 6143  neither the state nor any political subdivision is shall be
 6144  liable thereon. The department may not of Management Services
 6145  shall not have the power to pledge the credit, the revenues, or
 6146  the taxing power of the state or of any political subdivision;
 6147  and neither the credit, the revenues, or nor the taxing power of
 6148  the state or of any political subdivision may not shall be, or
 6149  shall be deemed to be, pledged to the payment of any obligations
 6150  issued pursuant to this act.
 6151         Section 182. Section 255.523, Florida Statutes, is amended
 6152  to read:
 6153         255.523 Exemption from taxes.—The property of the
 6154  department of Management Services, the transactions and
 6155  operations thereof, and the income therefrom are shall be exempt
 6156  from taxation by the state and political subdivisions.
 6157         Section 183. Section 255.555, Florida Statutes, is amended
 6158  to read:
 6159         255.555 Records.—Each state agency that which finds that it
 6160  has asbestos-containing materials in any public building for
 6161  which it is responsible shall prepare and maintain a record
 6162  containing a report summarizing the survey, including the hazard
 6163  assessment, drawings and photographs of the sample area, and
 6164  estimates of the quantities of hazardous materials. The agency
 6165  shall, within 30 days after of receipt of said survey, submit a
 6166  copy of the survey to the regional asbestos program manager and
 6167  a summary to the Department of Environmental Protection
 6168  Management Services.
 6169         Section 184. Paragraph (a) of subsection (2) of section
 6170  265.001, Florida Statutes, is amended to read:
 6171         265.001 Florida Women’s Hall of Fame.—
 6172         (2)(a) There is hereby established the Florida Women’s Hall
 6173  of Fame. The Department of Environmental Protection Management
 6174  Services shall set aside an area on the Plaza Level of the
 6175  Capitol Building and shall consult with the Florida Commission
 6176  on the Status of Women regarding the design and theme of such
 6177  area.
 6178         Section 185. Paragraph (a) of subsection (2) of section
 6179  265.2865, Florida Statutes, is amended to read:
 6180         265.2865 Florida Artists Hall of Fame.—
 6181         (2)(a) There is hereby created the Florida Artists Hall of
 6182  Fame. The Florida Arts Council shall identify an appropriate
 6183  location in the public area of a building in the Capitol Center
 6184  that is under the jurisdiction of the Department of
 6185  Environmental Protection Management Services, which location
 6186  shall be set aside by the department and designated as the
 6187  Florida Artists Hall of Fame.
 6188         Section 186. Subsection (3) of section 267.061, Florida
 6189  Statutes, is amended to read:
 6190         267.061 Historic properties; state policy,
 6191  responsibilities.—
 6192         (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION MANAGEMENT
 6193  SERVICES.—The Department of Environmental Protection Management
 6194  Services, in consultation with the division, shall adopt rules
 6195  for the renovation of historic properties that which are owned
 6196  or leased by the state. Such rules must shall be based on
 6197  national guidelines for historic renovation, including the
 6198  standards and guidelines for rehabilitation adopted by the
 6199  United States Secretary of the Interior.
 6200         Section 187. Paragraph (b) of subsection (4) of section
 6201  267.0625, Florida Statutes, is amended to read:
 6202         267.0625 Abrogation of offensive and derogatory geographic
 6203  place names.—
 6204         (4) The division shall:
 6205         (b) Notify the Department of Transportation, the Office of
 6206  Tourism, Trade, and Economic Development, the Department of
 6207  Environmental Protection Management Services, and any other
 6208  entity that compiles information for or develops maps or markers
 6209  for the state of the name change so that it may be reflected on
 6210  subsequent editions of any maps, informational literature, or
 6211  markers produced by those entities.
 6212         Section 188. Paragraphs (a) and (c) of subsection (3) of
 6213  section 267.075, Florida Statutes, are amended to read:
 6214         267.075 The Grove Advisory Council; creation; membership;
 6215  purposes.—
 6216         (3)(a) The Grove Advisory Council shall be composed of
 6217  eight members, as follows:
 6218         1. Five members shall be private citizens appointed by the
 6219  Secretary of State.
 6220         2. One member shall be the Secretary of Environmental
 6221  Protection Management Services or a his or her designee.
 6222         3. One member shall be the director of the Division of
 6223  Historical Resources of the Department of State.
 6224         4. At least one member shall be a direct descendant of Mary
 6225  Call Darby Collins appointed by the Secretary of State with the
 6226  advice of the oldest living generation of lineal descendants of
 6227  Mary Call Darby Collins.
 6228  
 6229  Of the citizen members, at least one member must shall have
 6230  professional curatorial and museum expertise, one member must
 6231  shall have professional architectural expertise in the
 6232  preservation of historic buildings, and one member must shall
 6233  have professional landscape expertise. The five citizen members
 6234  of the council appointed by the Secretary of State and the
 6235  member of the council who is a direct descendant of Mary Call
 6236  Darby Collins appointed by the Secretary of State shall be
 6237  appointed for staggered 4-year terms. The Secretary of State
 6238  shall fill the remainder of unexpired terms for the five citizen
 6239  members of the council and the member of the council who is a
 6240  direct descendant of Mary Call Darby Collins.
 6241         (c) The council shall obtain clerical, expert, technical,
 6242  or other services from the Division of Historical Resources. The
 6243  Department of Environmental Protection Management Services shall
 6244  provide reasonable assistance to the Department of State in
 6245  carrying out the purposes of this section.
 6246         Section 189. Subsections (1) and (2) of section 270.27,
 6247  Florida Statutes, are amended to read:
 6248         270.27 Sale of unused public lands.—
 6249         (1) The Department of Environmental Protection may
 6250  Management Services is hereby authorized to sell, to the best
 6251  possible advantage, any or all detached pieces or parcels of
 6252  land held by the state for the use of any institution under the
 6253  supervision and control of the department if, whenever, in the
 6254  judgment of the department, such detached pieces or parcels of
 6255  land are not suitable for, or necessary and useful in, the
 6256  operation and maintenance of the such institution, and the
 6257  proceeds from the sale of such land could be used to better
 6258  advantage than said land in the operation and maintenance of
 6259  such institution.
 6260         (2) The proceeds derived from the sale of any land, as
 6261  authorized in this section, shall be deposited in the State
 6262  Treasury to the account of the Department of Environmental
 6263  Protection Management Services for the use of the particular
 6264  institution from the sale of whose lands the said funds were
 6265  derived. Such funds may be used, from time to time, by the
 6266  department for the purpose of acquiring additional lands that
 6267  may be needed for the particular institution credited with such
 6268  funds, or for needed buildings or repairs for such institution,
 6269  in the discretion of the department; and such funds, when
 6270  obtained, are hereby appropriated for such purposes.
 6271         Section 190. Section 272.03, Florida Statutes, is amended
 6272  to read:
 6273         272.03 Supervision of Department of Management Services to
 6274  supervise Capitol Center buildings; title in state.—
 6275         (1) All state buildings now or hereafter constructed
 6276  included in the Capitol Center at the state capital and the
 6277  grounds and squares contiguous thereto are shall be under the
 6278  general control, custodianship, and supervision of the
 6279  Department of Environmental Protection Management Services.
 6280         (2) Title to Capitol Center said buildings vests shall vest
 6281  in the state.
 6282         (3) This section does not Nothing herein is intended to
 6283  disturb or impair the contractual obligations for the discharge
 6284  of the indebtedness incurred for the construction of the Florida
 6285  Industrial Commission Building.
 6286         Section 191. Section 272.04, Florida Statutes, is amended
 6287  to read:
 6288         272.04 Department to allocate space.—The Department of
 6289  Environmental Protection Management Services shall have
 6290  authority to allocate space to house the various departments,
 6291  agencies, boards, and commissions in said buildings, excepting,
 6292  however, the new Supreme Court Building, for which authority is
 6293  shall be vested in the justices of the Supreme Court.
 6294         Section 192. Section 272.05, Florida Statutes, is amended
 6295  to read:
 6296         272.05 Budgets for repair and maintenance; review.—The
 6297  Department of Environmental Protection Management Services and
 6298  the Executive Office of the Governor may shall be empowered to
 6299  review, change, and modify the budgets of the departments,
 6300  agencies, boards, and commissions relating to the repair,
 6301  upkeep, and maintenance of said buildings.
 6302         Section 193. Section 272.06, Florida Statutes, is amended
 6303  to read:
 6304         272.06 Authority to contract for utility services.—The
 6305  Department of Environmental Protection Management Services may
 6306  provide or enter into contracts to provide heating, power,
 6307  lighting, cooling systems, and other necessary services or
 6308  facilities for any or all of said buildings.
 6309         Section 194. Section 272.07, Florida Statutes, is amended
 6310  to read:
 6311         272.07 Department may provide for parks, drives, and
 6312  walkways.—The Department of Environmental Protection Management
 6313  Services may provide for the establishment of parks, drives,
 6314  walkways, and parkways on said grounds and squares and for the
 6315  supervision, regulation, and maintenance of the same, including
 6316  traffic and parking thereon.
 6317         Section 195. Section 272.08, Florida Statutes, is amended
 6318  to read:
 6319         272.08 Duty of repair, maintenance, and supervision.—Except
 6320  when otherwise directed by the Department of Environmental
 6321  Protection Management Services, the official or officials now
 6322  having the duty of repair, care, maintenance, and supervision of
 6323  any of said buildings shall continue to exercise such authority.
 6324         Section 196. Section 272.09, Florida Statutes, is amended
 6325  to read:
 6326         272.09 Management, maintenance, and upkeep of Capitol
 6327  Center.—The management, maintenance, and upkeep of the Capitol
 6328  Center as defined in s. 272.03, are hereby vested in and made
 6329  the direct obligation of the Department of Environmental
 6330  Protection Management Services, which shall have authority to do
 6331  all things necessary to satisfactorily accomplish these
 6332  functions, including the employment of a superintendent of
 6333  grounds and buildings and other employees; the establishment of
 6334  central repair and maintenance shops; and the designation or
 6335  appointment of nonsalaried advisory committees to advise with
 6336  them.
 6337         Section 197. Subsection (2) of section 272.12, Florida
 6338  Statutes, is amended to read:
 6339         272.12 Florida Capitol Center Planning District.—
 6340         (2) The Department of Environmental Protection may
 6341  Management Services is hereby authorized to purchase at fair
 6342  market value any lands or buildings owned by the Department of
 6343  Transportation within the Capitol Center. The Department of
 6344  Environmental Protection Management Services may use any funds
 6345  for this purpose any funds which are available to it at the time
 6346  of the purchase.
 6347         Section 198. Subsection (1) of section 272.121, Florida
 6348  Statutes, is amended to read:
 6349         272.121 Capitol Center long-range planning.—
 6350         (1) The Department of Environmental Protection Management
 6351  Services shall develop a comprehensive and long-range plan for
 6352  the development of state-owned property within the Capitol
 6353  Center. In developing this plan, the department shall consider:
 6354         (a) The most efficient, expeditious, and economical method
 6355  of accomplishing the desired results.
 6356         (b) The architectural and aesthetic coordination of the
 6357  proposed plan with the existing structures.
 6358         (c) The effective utilization of all available space so as
 6359  to minimize waste.
 6360         (d) The plans adopted by the local planning agencies in
 6361  Leon County.
 6362         Section 199. Section 272.122, Florida Statutes, is amended
 6363  to read:
 6364         272.122 Acquisition of land for state buildings and
 6365  facilities in the Capitol Center.—The Department of
 6366  Environmental Protection shall Management Services is hereby
 6367  authorized and directed to acquire both land and buildings now
 6368  needed or to be needed for use, in whole or in part, by state
 6369  government or any agency, board, bureau, or commission thereof.
 6370  However, no building can be constructed or land acquired under
 6371  this section without specific legislative approval. The
 6372  acquisition of the land, buildings, and facilities may be
 6373  financed by grants, by direct appropriations, or by the issuance
 6374  of revenue bonds or certificates pledging the revenues and
 6375  rentals derived from the use of the buildings and facilities.
 6376  The department may of Management Services is expressly
 6377  authorized to issue revenue certificates to carry out the
 6378  purposes of this section. Title to any lands acquired pursuant
 6379  to this section shall be vested in the Board of Trustees of the
 6380  Internal Improvement Trust Fund for the use and benefit of the
 6381  State of Florida.
 6382         Section 200. Section 272.124, Florida Statutes, is amended
 6383  to read:
 6384         272.124 Department of Management Services; Power to
 6385  contract.—The Department of Environmental Protection may
 6386  Management Services is authorized and empowered to make and
 6387  enter into any contract or agreement, with any person or agency,
 6388  public or private, to lease, buy, acquire, construct, hold, or
 6389  dispose of real and personal property necessary to carry out the
 6390  objects and purposes of this chapter. act; However, no contract
 6391  may be entered into without specific authorization of the
 6392  Legislature for the project. Lands shall be acquired by the
 6393  department in accordance with acquisition procedures for state
 6394  lands provided for in s. 253.025.
 6395         Section 201. Subsection (3) of section 272.129, Florida
 6396  Statutes, is amended to read:
 6397         272.129 Florida Historic Capitol; space allocation;
 6398  maintenance, repair, and security.—
 6399         (3) Custodial and preventive maintenance and repair of the
 6400  entire Historic Capitol and the grounds located adjacent thereto
 6401  are shall be the responsibility of the Department of
 6402  Environmental Protection Management Services, subject to the
 6403  special requirements of the building as determined by the
 6404  Capitol Curator.
 6405         Section 202. Subsections (1) and (4) of section 272.16,
 6406  Florida Statutes, are amended to read:
 6407         272.16 Parking areas within Capitol Center area.—
 6408         (1) The Department of Environmental Protection Management
 6409  Services may assign parking areas within the Capitol Center area
 6410  to a state agency for its own use or for reassignment to state
 6411  officers and employees employed in Tallahassee; however, parking
 6412  areas must be provided for members of the Legislature during
 6413  sessions of the Legislature, regular and extraordinary. Not more
 6414  than 15 percent of the said parking areas may be set aside for
 6415  the use of persons temporarily visiting or attending to business
 6416  in the Capitol Center area who reside beyond the territorial
 6417  limits of the City of Tallahassee. Any remaining portion of the
 6418  parking areas not assigned as aforesaid may be limited in period
 6419  of time for use. However, the department may not of Management
 6420  Services shall have no power to assign parking spaces in the
 6421  legislative office buildings, nor shall those spaces and spaces
 6422  in the parking facility within the Capitol Building which are
 6423  allocated to the Legislature be included under the provisions of
 6424  this section and s. 272.161(1), except as provided in subsection
 6425  (2) of this section.
 6426         (4) The Department of Environmental Protection Management
 6427  Services shall adopt such rules as are necessary to carry out
 6428  the purposes of subsections (1) and (3).
 6429         Section 203. Section 272.161, Florida Statutes, is amended
 6430  to read:
 6431         272.161 Rental of reserved parking spaces.—
 6432         (1)(a) The Department of Environmental Protection
 6433  Management Services may assign a reserved parking space to any
 6434  state employee, qualified state employee car pool, provider of
 6435  essential services to the state, or state agency for
 6436  reassignment to its employees.
 6437         (a) Any state agency assigned a reserved parking space
 6438  shall charge the user of such space, except a qualified state
 6439  employee car pool, a fee in accordance with guidelines
 6440  established by the department.
 6441         (b) Any state agency assigned a reserved parking space that
 6442  which is not rented for a period of 7 consecutive days shall
 6443  return such space to the department for reassignment. All state
 6444  agencies assigned reserved parking spaces must ensure shall
 6445  assure the timely payment of assessed rent to the department.
 6446         (c) Assignments of reserved parking spaces is shall be
 6447  limited to the amount of available parking under the supervision
 6448  of the department. Preference in the assignment of reserved
 6449  parking spaces shall be given qualified state employee car
 6450  pools. A state agency, employee, state employee car pool, or
 6451  provider of essential services may request a reserved parking
 6452  space in a manner prescribed by the department.
 6453         (2) All Employee parking fees are shall be payable by the
 6454  payroll deduction plan, periodically according to the employee’s
 6455  pay schedule, to the Department of Environmental Protection
 6456  Management Services or to the contracting agency.
 6457         (3) All fees collected by the Department of Environmental
 6458  Protection Management Services under the provisions of this
 6459  section shall be deposited in the Supervision Trust Fund. The
 6460  department shall account for the revenues and expenditures
 6461  related to the paid parking program in compliance with the
 6462  provisions of s. 215.32(2)(b). The revenues collected from
 6463  parking fees shall be used for the maintenance, minor
 6464  construction, enforcement, security, and administration of
 6465  parking facilities and programs.
 6466         (4) The Department of Environmental Protection Management
 6467  Services shall adopt such rules as are necessary to carry out
 6468  the purposes of this section. The department shall establish
 6469  guidelines for qualifying as a state employee car pool and for
 6470  the preferential assignment of reserved spaces to car pools.
 6471         (5) The Department of Environmental Protection Management
 6472  Services shall establish fees on all state-owned reserved
 6473  parking spaces, except those assigned to qualified state
 6474  employee car pools, under the jurisdiction of the department.
 6475  The department shall also issue loading zone permits and
 6476  scramble parking permits for a fee sufficient to cover the cost
 6477  of administering the permits and maintaining the parking areas.
 6478         (6) The Department of Environmental Protection may
 6479  Management Services shall have the authority to remove or tow
 6480  away, or cause to be removed or towed away, any wrongfully
 6481  parked vehicle in any assigned or reserved parking space or area
 6482  under the control of the department of Management Services
 6483  throughout the state at the expense of the owner of the
 6484  wrongfully parked vehicle.
 6485         Section 204. Paragraph (a) of subsection (1) and paragraphs
 6486  (b) and (c) of subsection (2) of section 272.18, Florida
 6487  Statutes, are amended to read:
 6488         272.18 Governor’s Mansion Commission.—
 6489         (1)(a) There is created within the Department of Management
 6490  Services A Governor’s Mansion Commission to be composed of seven
 6491  eight members is created within the Department of Environmental
 6492  Protection. Five members shall be private citizens appointed by
 6493  the Governor and subject to confirmation by the Senate; one
 6494  member shall be the Secretary of Management Services or his or
 6495  her designee; one member shall be the director of the Division
 6496  of Recreation and Parks of the Department of Environmental
 6497  Protection; and one member shall be designated by the Secretary
 6498  of State and shall be an employee of the Department of State
 6499  with curatorial and museum expertise. The Governor shall appoint
 6500  all citizen members for 4-year terms. The Governor shall fill
 6501  vacancies for the remainder of unexpired terms. The spouse of
 6502  the Governor or the designated representative of the Governor
 6503  shall be an ex officio member of the commission but shall have
 6504  no voting rights except in the case of a tie vote.
 6505         (2)
 6506         (b) The commission shall obtain clerical, expert,
 6507  technical, or other services from the Department of
 6508  Environmental Protection Management Services as the commission
 6509  requires to carry out the purposes of this section.
 6510         (c) Members of the commission shall serve without
 6511  compensation or honorarium but are shall be entitled to receive
 6512  reimbursement for per diem and travel expenses as provided in s.
 6513  112.061. All expenses of the commission shall be paid from
 6514  appropriations to be made by the Legislature to the Department
 6515  of Environmental Protection Management Services for that
 6516  purpose. The commission shall submit its budgetary requests to
 6517  the department of Management Services for approval and inclusion
 6518  in the legislative budget request of the department. All
 6519  vouchers must shall be approved by the secretary of the
 6520  department of Management Services before being submitted to the
 6521  Chief Financial Officer for payment.
 6522         Section 205. Section 272.185, Florida Statutes, is amended
 6523  to read:
 6524         272.185 Maintenance of Governor’s Mansion by Department of
 6525  Management Services.—
 6526         (1) The Department of Environmental Protection Management
 6527  Services shall maintain all structures, furnishings, equipment,
 6528  and grounds of the Governor’s Mansion, except that the exterior
 6529  facades; the landscaping of the grounds; the antique furnishings
 6530  in the private quarters; the interiors of the state rooms; and
 6531  the articles of furniture, fixtures, and decorative objects used
 6532  or displayed in the state rooms shall be maintained pursuant to
 6533  the directives of the Governor’s Mansion Commission.
 6534         (2) The Department of Environmental Protection shall insure
 6535  the Governor’s Mansion, its contents, and all structures and
 6536  appurtenances thereto with the State Risk Management Trust Fund
 6537  as provided in s. 284.01. The department may purchase any
 6538  necessary insurance either by a primary insurance contract,
 6539  excess coverage insurance, or reinsurance to cover the contents
 6540  of the mansion, whether title of the contents is in the state or
 6541  in any other person or entity not a resident of the mansion,
 6542  notwithstanding the provision of s. 287.025.
 6543         (3) The Department of Environmental Protection may shall
 6544  have authority to contract and be contracted with for work and
 6545  materials required.
 6546         (4) The Department of Environmental Protection shall keep a
 6547  continuing and accurate inventory of all equipment and
 6548  furnishings.
 6549         Section 206. Subsection (4) of section 273.055, Florida
 6550  Statutes, is amended to read:
 6551         273.055 Disposition of state-owned tangible personal
 6552  property.—
 6553         (4) Each custodian shall adopt guidelines or administrative
 6554  rules and regulations pursuant to chapter 120 providing for, but
 6555  not limited to, transferring, warehousing, bidding, destroying,
 6556  scrapping, or other disposing of state-owned tangible personal
 6557  property. However, the approval of the Department of Financial
 6558  Management Services is required before prior to the disposal of
 6559  motor vehicles, watercraft, or aircraft pursuant to ss. 287.15
 6560  and 287.16.
 6561         Section 207. Section 281.02, Florida Statutes, is amended
 6562  to read:
 6563         281.02 Powers and duties of the Department of Management
 6564  Services with respect to Firesafety and security.—The Department
 6565  of Environmental Protection Management Services has the
 6566  following powers and duties with respect to firesafety and
 6567  security:
 6568         (1) To Assist the State Fire Marshal in maintaining the
 6569  firesafety of public buildings pursuant to s. 633.085.
 6570         (2) To Make provision by rule, contract, lease, or
 6571  interagency agreement for the security of all state-owned
 6572  property leased from the department of Management Services,
 6573  excluding state universities and custodial institutions, the
 6574  Capitol Complex, the Governor’s mansion and the grounds thereof,
 6575  and the Supreme Court. For these purposes, security includes
 6576  shall include the safety and security of occupants and visitors
 6577  to state-owned property, appropriate law enforcement response to
 6578  complaints relating to criminal activity or security threats,
 6579  the development of emergency procedures and evacuation routes in
 6580  the event of fire or disaster, and ensuring that such procedures
 6581  and routes are known to those persons occupying such property.
 6582         (3) To Employ guards and administrative, clerical,
 6583  technical, and other personnel as may be required.
 6584         (4) To Train employees and make provision for the training
 6585  of agents, guards, and employees of tenant agencies in security
 6586  and emergency procedures.
 6587         (5) To Make provision for the enforcement of rules
 6588  governing the regulation of traffic and parking on state-owned
 6589  property, including, but not limited to, issuing citations for
 6590  the violation of such rules or the traffic laws of the state or
 6591  any county or municipality and impounding illegally or
 6592  wrongfully parked vehicles.
 6593         (6) To Delegate or assign duties and responsibilities
 6594  furthering the provision of security as required and authorized
 6595  by this section to any state agency occupying such state-owned
 6596  property. Security requirements may be included in lease
 6597  agreements or established by department rule.
 6598         Section 208. Section 281.03, Florida Statutes, is amended
 6599  to read:
 6600         281.03 Incident reports and record retention.—The
 6601  Department of Environmental Protection Management Services shall
 6602  provide make provision for the collection and retention of
 6603  copies of reports relating to criminal activity or other safety
 6604  related and security-related incidents occurring on state-owned
 6605  property for use in ongoing security planning and to fulfill its
 6606  responsibilities under s. 281.02.
 6607         Section 209. Section 281.06, Florida Statutes, is amended
 6608  to read:
 6609         281.06 Contracts with counties, municipalities, or licensed
 6610  private security agencies.—The Department of Environmental
 6611  Protection Management Services may contract with any county,
 6612  municipality, or licensed private security agency to provide and
 6613  maintain the security of state-owned property, and the safety
 6614  and security of occupants and visitors thereof, pursuant to ss.
 6615  281.02-281.08 upon such terms as the department deems may deem
 6616  to be in the best interest of the state.
 6617         Section 210. Subsection (1) of section 281.07, Florida
 6618  Statutes, is amended to read:
 6619         281.07 Rules; Facilities Program; traffic regulation.—
 6620         (1) The Department of Environmental Protection Management
 6621  Services shall adopt and promulgate rules to govern the
 6622  administration, operation, and management of the Facilities
 6623  Program and to regulate traffic and parking on state-owned
 6624  property, including the Capitol Complex, which may rules are not
 6625  in conflict with any state law or county or municipal ordinance,
 6626  and to carry out the provisions of ss. 281.02-281.08.
 6627         Section 211. Section 281.08, Florida Statutes, is amended
 6628  to read:
 6629         281.08 Equipment.—The Department of Environmental
 6630  Protection may Management Services is specifically authorized to
 6631  purchase, sell, trade, rent, lease, and maintain all necessary
 6632  equipment, motor vehicles, communication systems, housing
 6633  facilities, and office space, and perform any other acts
 6634  necessary for the proper administration of ss. 281.02-281.08,
 6635  pursuant to part I of chapter 287.
 6636         Section 212. Subsection (12) of section 282.0041, Florida
 6637  Statutes, is amended to read:
 6638         282.0041 Definitions.—As used in this chapter, the term:
 6639         (12)“Department” means the Department of Management
 6640  Services.
 6641         Section 213. Section 282.205, Florida Statutes, is amended
 6642  to read:
 6643         282.205 Southwood Shared Resource Center.—The Southwood
 6644  Shared Resource Center is an agency established within the
 6645  Agency for Enterprise Information Technology department for
 6646  administrative purposes only.
 6647         (1) The center is designated as a primary data center and
 6648  shall be a separate budget entity that is not subject to
 6649  control, supervision, or direction of the agency department in
 6650  any manner, including, but not limited to, purchasing,
 6651  transactions involving real or personal property, personnel, or
 6652  budgetary matters.
 6653         (2) The center shall be headed by a board of trustees as
 6654  provided in s. 282.203, who shall comply with all requirements
 6655  of that section related to the operation of the center and with
 6656  the rules of the agency for Enterprise Information Technology
 6657  related to the design and delivery of enterprise information
 6658  technology services.
 6659         Section 214. Section 282.604, Florida Statutes, is amended
 6660  to read:
 6661         282.604 Adoption of rules.—The Agency for Enterprise
 6662  Information Technology Department of Management Services shall,
 6663  with input from stakeholders, adopt rules pursuant to ss.
 6664  120.536(1) and 120.54 for the development, procurement,
 6665  maintenance, and use of accessible electronic information
 6666  technology by governmental units.
 6667         Section 215. Section 282.702, Florida Statutes, is amended
 6668  to read:
 6669         282.702 Powers and duties.—The Agency for Enterprise
 6670  Information Technology Department of Management Services shall
 6671  have the following powers, duties, and functions:
 6672         (1) To publish electronically the portfolio of services
 6673  available from the department, including pricing information;
 6674  the policies and procedures of the state communications network
 6675  governing usage of available services; and a forecast of the
 6676  priorities and initiatives for the state communications system
 6677  for the ensuing 2 years.
 6678         (2) To adopt technical standards for the state
 6679  communications network which will ensure the interconnection of
 6680  computer networks and information systems of agencies.
 6681         (3) To enter into agreements related to information
 6682  technology with state agencies and political subdivisions of the
 6683  state.
 6684         (4) To purchase from or contract with information
 6685  technology providers for information technology, including
 6686  private line services.
 6687         (5) To apply for, receive, and hold such authorizations,
 6688  patents, copyrights, trademarks, service marks, licenses, and
 6689  allocations or channels and frequencies to carry out the
 6690  purposes of this part.
 6691         (6) To purchase, lease, or otherwise acquire and to hold,
 6692  sell, transfer, license, or otherwise dispose of real, personal,
 6693  and intellectual property, including, but not limited to,
 6694  patents, trademarks, copyrights, and service marks.
 6695         (7) To cooperate with any federal, state, or local
 6696  emergency management agency in providing for emergency
 6697  communications services.
 6698         (8) To control and approve the purchase, lease, or
 6699  acquisition and the use of communications services provided as
 6700  part of any other total system to be used by the state or any of
 6701  its agencies.
 6702         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 6703  relating to communications and to administer the provisions of
 6704  this part.
 6705         (10) To apply for and accept federal funds for any of the
 6706  purposes of this part as well as gifts and donations from
 6707  individuals, foundations, and private organizations.
 6708         (11) To monitor issues relating to communications
 6709  facilities and services before the Florida Public Service
 6710  Commission and, when necessary, prepare position papers, prepare
 6711  testimony, appear as a witness, and retain witnesses on behalf
 6712  of state agencies in proceedings before the commission.
 6713         (12) Unless delegated to the state agencies by the Agency
 6714  for Enterprise Information Technology department, to manage and
 6715  control, but not intercept or interpret, communications within
 6716  the SUNCOM Network by:
 6717         (a) Establishing technical standards to physically
 6718  interface with the SUNCOM Network.
 6719         (b) Specifying how communications are transmitted within
 6720  the SUNCOM Network.
 6721         (c) Controlling the routing of communications within the
 6722  SUNCOM Network.
 6723         (d) Establishing standards, policies, and procedures for
 6724  access to the SUNCOM Network.
 6725         (e) Ensuring orderly and reliable communications services
 6726  in accordance with the service level agreements executed with
 6727  state agencies.
 6728         (13) To plan, design, and conduct experiments for
 6729  communications services, equipment, and technologies, and to
 6730  implement enhancements in the state communications network if
 6731  when in the public interest and cost-effective. Funding for such
 6732  experiments shall be derived from SUNCOM Network service
 6733  revenues and may shall not exceed 2 percent of the annual budget
 6734  for the SUNCOM Network for any fiscal year or as provided in the
 6735  General Appropriations Act. New services offered as a result of
 6736  this subsection may shall not affect existing rates for
 6737  facilities or services.
 6738         (14) To enter into contracts or agreements, with or without
 6739  competitive bidding or procurement, to make available, on a
 6740  fair, reasonable, and nondiscriminatory basis, property and
 6741  other structures under the Agency for Enterprise Information
 6742  Technology’s departmental control for the placement of new
 6743  facilities by any wireless provider of mobile service as defined
 6744  in 47 U.S.C. s. 153(27) or s. 332(d) and any telecommunications
 6745  company as defined in s. 364.02 if when it is determined to be
 6746  practical and feasible to make such property or other structures
 6747  available. The agency department may, without adopting a rule,
 6748  charge a just, reasonable, and nondiscriminatory fee for the
 6749  placement of the facilities, payable annually, based on the fair
 6750  market value of space used by comparable communications
 6751  facilities in the state. The agency department and a wireless
 6752  provider or telecommunications company may negotiate the
 6753  reduction or elimination of a fee in consideration of services
 6754  provided to the agency department by the wireless provider or
 6755  telecommunications company. All such fees collected by the
 6756  department shall be deposited directly into the Law Enforcement
 6757  Radio Operating Trust Fund, and may be used by the agency
 6758  department to construct, maintain, or support the system.
 6759         Section 216. Section 282.703, Florida Statutes, is amended
 6760  to read:
 6761         282.703 SUNCOM Network; exemptions from the required use.—
 6762         (1) There is created within the department The SUNCOM
 6763  Network is created within the Agency for Enterprise Information
 6764  Technology as, which shall be developed to serve as the state
 6765  communications system for providing local and long-distance
 6766  communications services to state agencies, political
 6767  subdivisions of the state, municipalities, state universities,
 6768  and nonprofit corporations pursuant to this part. The SUNCOM
 6769  Network shall be developed to transmit all types of
 6770  communications signals, including, but not limited to, voice,
 6771  data, video, image, and radio. State agencies shall cooperate
 6772  and assist in the development and joint use of communications
 6773  systems and services.
 6774         (2) The agency department shall design, engineer,
 6775  implement, manage, and operate through state ownership,
 6776  commercial leasing, or some combination thereof, the facilities
 6777  and equipment providing SUNCOM Network services, and shall
 6778  develop a system of equitable billings and charges for
 6779  communication services.
 6780         (3) All state agencies and state universities shall use the
 6781  SUNCOM Network for agency and state university communications
 6782  services as the services become available; however, no agency or
 6783  university is relieved of responsibility for maintaining
 6784  communications services necessary for effective management of
 6785  its programs and functions. If a SUNCOM Network service does not
 6786  meet the communications requirements of an agency or university,
 6787  the agency or university shall notify the Agency for Enterprise
 6788  Information Technology department in writing and detail the
 6789  requirements for that communications service. If the agency
 6790  department is unable to meet an agency’s or university’s
 6791  requirements by enhancing SUNCOM Network service, the agency
 6792  department may grant the agency or university an exemption from
 6793  the required use of specified SUNCOM Network services.
 6794         Section 217. Section 282.704, Florida Statutes, is amended
 6795  to read:
 6796         282.704 Use of state SUNCOM Network by municipalities.—Any
 6797  municipality may request the Agency for Enterprise Information
 6798  Technology department to provide any or all of the SUNCOM
 6799  Network’s portfolio of communications services upon such terms
 6800  and conditions as the agency department may establish. The
 6801  requesting municipality shall pay its share of installation and
 6802  recurring costs according to the published rates for SUNCOM
 6803  Network services and as invoiced by the agency department. Such
 6804  municipality shall also pay for any requested modifications to
 6805  existing SUNCOM Network services, if any charges apply.
 6806         Section 218. Section 282.705, Florida Statutes, is amended
 6807  to read:
 6808         282.705 Use of state SUNCOM Network by nonprofit
 6809  corporations.—
 6810         (1) The Agency for Enterprise Information Technology
 6811  department shall provide a means whereby private nonprofit
 6812  corporations under contract with state agencies or political
 6813  subdivisions of the state may use the state SUNCOM Network,
 6814  subject to the limitations in this section. In order to qualify
 6815  to use the state SUNCOM Network, a nonprofit corporation shall:
 6816         (a) Expend the majority of its total direct revenues for
 6817  the provision of contractual services to the state, a
 6818  municipality, or a political subdivision; and
 6819         (b) Receive only a small portion of its total revenues from
 6820  any source other than a state agency, a municipality, or a
 6821  political subdivision during the time SUNCOM Network services
 6822  are requested.
 6823         (2) Each nonprofit corporation seeking authorization to use
 6824  the state SUNCOM Network shall provide to the agency department,
 6825  upon request, proof of compliance with subsection (1).
 6826         (3) Nonprofit corporations established pursuant to general
 6827  law and an association of municipal governments which is wholly
 6828  owned by the municipalities are eligible to use the state SUNCOM
 6829  Network, subject to the terms and conditions of the agency
 6830  department.
 6831         (4) Institutions qualified to participate in the William L.
 6832  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 6833  1009.89 may are eligible to use the state SUNCOM Network,
 6834  subject to the terms and conditions of the agency department.
 6835  Such entities are not required to satisfy the other criteria of
 6836  this section.
 6837         (5) Private, nonprofit elementary and secondary schools are
 6838  eligible for rates and services on the same basis as public
 6839  schools if such schools do not have an endowment in excess of
 6840  $50 million.
 6841         Section 219. Section 282.706, Florida Statutes, is amended
 6842  to read:
 6843         282.706 Use of SUNCOM Network by libraries.—The Agency for
 6844  Enterprise Information Technology department may provide SUNCOM
 6845  Network services to any library in the state, including
 6846  libraries in public schools, community colleges, state
 6847  universities, and nonprofit private postsecondary educational
 6848  institutions, and libraries owned and operated by municipalities
 6849  and political subdivisions.
 6850         Section 220. Section 282.707, Florida Statutes, is amended
 6851  to read:
 6852         282.707 SUNCOM Network; criteria for usage.—
 6853         (1) The Agency for Enterprise Information Technology
 6854  department shall periodically review the qualifications of
 6855  subscribers using the state SUNCOM Network and shall terminate
 6856  services provided to any facility not qualified under this part
 6857  or rules adopted hereunder. In the event of nonpayment of
 6858  invoices by subscribers whose SUNCOM Network invoices are paid
 6859  from sources other than legislative appropriations, such
 6860  nonpayment represents good and sufficient reason to terminate
 6861  service.
 6862         (2) The agency department shall adopt rules for
 6863  implementing and operating the state SUNCOM Network, which
 6864  include procedures for withdrawing and restoring authorization
 6865  to use the state SUNCOM Network. Such rules must shall provide a
 6866  minimum of 30 days’ notice to affected parties before
 6867  terminating voice communications service.
 6868         (3) This section does not limit or restrict the ability of
 6869  the Florida Public Service Commission to set jurisdictional
 6870  tariffs of telecommunications companies.
 6871         Section 221. Section 282.709, Florida Statutes, is amended
 6872  to read:
 6873         282.709 State agency law enforcement radio system and
 6874  interoperability network.—
 6875         (1) The Department of Law Enforcement may acquire and
 6876  administer a statewide radio communications system to serve law
 6877  enforcement units of state agencies, and to serve local law
 6878  enforcement agencies through mutual aid channels.
 6879         (a) The department shall, in conjunction with the Agency
 6880  for Enterprise Information Technology Department of Law
 6881  Enforcement and the Division of Emergency Management of the
 6882  Department of Community Affairs, establish policies, procedures,
 6883  and standards to be incorporated into a comprehensive management
 6884  plan for the use and operation of the statewide radio
 6885  communications system.
 6886         (b) The department shall bear the overall responsibility
 6887  for the design, engineering, acquisition, and implementation of
 6888  the statewide radio communications system and for ensuring the
 6889  proper operation and maintenance of all common system equipment.
 6890         (c)1. The department may rent or lease space on any tower
 6891  under its control and refuse to lease space on any tower at any
 6892  site.
 6893         2. The department may rent, lease, or sublease ground space
 6894  as necessary to locate equipment to support antennae on the
 6895  towers. The costs for the use of such space shall be established
 6896  by the department for each site if it is determined to be
 6897  practicable and feasible to make space available.
 6898         3. The department may rent, lease, or sublease ground space
 6899  on lands acquired by the department for the construction of
 6900  privately owned or publicly owned towers. The department may, as
 6901  a part of such rental, lease, or sublease agreement, require
 6902  space on such towers for antennae as necessary for the
 6903  construction and operation of the state agency law enforcement
 6904  radio system or any other state need.
 6905         4. All moneys collected by the department for rents,
 6906  leases, and subleases under this subsection shall be deposited
 6907  directly into the State Agency Law Enforcement Radio System
 6908  Trust Fund established in subsection (3) and may be used by the
 6909  department to construct, maintain, or support the system.
 6910         5. The positions necessary for the department to accomplish
 6911  its duties under this subsection shall be established in the
 6912  General Appropriations Act and funded by the Law Enforcement
 6913  Radio Operating Trust Fund or other revenue sources.
 6914         (d) The department shall exercise its powers and duties
 6915  under this part to plan, manage, and administer the mutual aid
 6916  channels in the statewide radio communication system.
 6917         1. In implementing such powers and duties, the department
 6918  shall consult and act in conjunction with the Department of Law
 6919  Enforcement and the Division of Emergency Management of the
 6920  Department of Community Affairs, and shall manage and administer
 6921  the mutual aid channels in a manner that reasonably addresses
 6922  the needs and concerns of the involved law enforcement agencies
 6923  and emergency response agencies and entities.
 6924         2. The department may make the mutual aid channels
 6925  available to federal agencies, state agencies, and agencies of
 6926  the political subdivisions of the state for the purpose of
 6927  public safety and domestic security.
 6928         (e) The department may allow other state agencies to use
 6929  the statewide radio communications system under terms and
 6930  conditions established by the department.
 6931         (2) The Joint Task Force on State Agency Law Enforcement
 6932  Communications is created adjunct to the department to advise
 6933  the department of member-agency needs relating to the planning,
 6934  designing, and establishment of the statewide communication
 6935  system.
 6936         (a) The Joint Task Force on State Agency Law Enforcement
 6937  Communications shall consist of eight members, as follows:
 6938         1. A representative of the Division of Alcoholic Beverages
 6939  and Tobacco of the Department of Business and Professional
 6940  Regulation who shall be appointed by the secretary of the
 6941  department.
 6942         2. A representative of the Division of Florida Highway
 6943  Patrol of the Department of Highway Safety and Motor Vehicles
 6944  who shall be appointed by the executive director of the
 6945  department.
 6946         3. A representative of the Department of Law Enforcement
 6947  who shall be appointed by the executive director of the
 6948  department.
 6949         4. A representative of the Fish and Wildlife Conservation
 6950  Commission who shall be appointed by the executive director of
 6951  the commission.
 6952         5. A representative of the Division of Law Enforcement of
 6953  the Department of Environmental Protection who shall be
 6954  appointed by the secretary of the department.
 6955         6. A representative of the Department of Corrections who
 6956  shall be appointed by the secretary of the department.
 6957         7. A representative of the Division of State Fire Marshal
 6958  of the Department of Financial Services who shall be appointed
 6959  by the State Fire Marshal.
 6960         8. A representative of the Department of Transportation who
 6961  shall be appointed by the secretary of the department.
 6962         (b) Each appointed member of the joint task force shall
 6963  serve at the pleasure of the appointing official. Any vacancy on
 6964  the joint task force shall be filled in the same manner as the
 6965  original appointment. A joint task force member may, upon
 6966  notification to the chair before the beginning of any scheduled
 6967  meeting, appoint an alternative to represent the member on the
 6968  task force and vote on task force business in his or her
 6969  absence.
 6970         (c) The joint task force shall elect a chair from among its
 6971  members to serve a 1-year term. A vacancy in the chair of the
 6972  joint task force must be filled for the remainder of the
 6973  unexpired term by an election of the joint task force members.
 6974         (d) The joint task force shall meet as necessary, but at
 6975  least quarterly, at the call of the chair and at the time and
 6976  place designated by him or her.
 6977         (e) The per diem and travel expenses incurred by a member
 6978  of the joint task force in attending its meetings and in
 6979  attending to its affairs shall be paid pursuant to s. 112.061,
 6980  from funds budgeted to the state agency that the member
 6981  represents.
 6982         (f) The department shall provide technical support to the
 6983  joint task force.
 6984         (3) The State Agency Law Enforcement Radio System Trust
 6985  Fund is established in the department and funded from surcharges
 6986  collected under ss. 318.18, 320.0802, and 328.72. Upon
 6987  appropriation, moneys in the trust fund may be used by the
 6988  department to acquire by competitive procurement the equipment,
 6989  software, and engineering, administrative, and maintenance
 6990  services it needs to construct, operate, and maintain the
 6991  statewide radio system. Moneys in the trust fund collected as a
 6992  result of the surcharges set forth in ss. 318.18, 320.0802, and
 6993  328.72 shall be used to help fund the costs of the system. Upon
 6994  completion of the system, moneys in the trust fund may also be
 6995  used by the department for payment of the recurring maintenance
 6996  costs of the system.
 6997         (4) The department may create and administer an
 6998  interoperability network to enable interoperability between
 6999  various radio communications technologies and to serve federal
 7000  agencies, state agencies, and agencies of political subdivisions
 7001  of the state for the purpose of public safety and domestic
 7002  security.
 7003         (a) The department shall, in conjunction with the
 7004  Department of Law Enforcement and the Division of Emergency
 7005  Management of the Department of Community Affairs, exercise its
 7006  powers and duties pursuant to this chapter to plan, manage, and
 7007  administer the interoperability network. The office may:
 7008         1. Enter into mutual aid agreements among federal agencies,
 7009  state agencies, and political subdivisions of the state for the
 7010  use of the interoperability network.
 7011         2. Establish the cost of maintenance and operation of the
 7012  interoperability network and charge subscribing federal and
 7013  local law enforcement agencies for access and use of the
 7014  network. The department may not charge state law enforcement
 7015  agencies identified in paragraph (2)(a) to use the network.
 7016         3. In consultation with the Department of Law Enforcement
 7017  and the Division of Emergency Management of the Department of
 7018  Community Affairs, amend and enhance the statewide radio
 7019  communications system as necessary to implement the
 7020  interoperability network.
 7021         (b) The department, in consultation with the Joint Task
 7022  Force on State Agency Law Enforcement Communications, and in
 7023  conjunction with the Department of Law Enforcement and the
 7024  Division of Emergency Management of the Department of Community
 7025  Affairs, shall establish policies, procedures, and standards to
 7026  incorporate into a comprehensive management plan for the use and
 7027  operation of the interoperability network.
 7028         Section 222. Section 282.7101, Florida Statutes, is amended
 7029  to read:
 7030         282.7101 Statewide system of regional law enforcement
 7031  communications.—
 7032         (1) It is the intent and purpose of the Legislature that a
 7033  statewide system of regional law enforcement communications be
 7034  developed whereby maximum efficiency in the use of existing
 7035  radio channels is achieved in order to deal more effectively
 7036  with the apprehension of criminals and the prevention of crime.
 7037  To this end, all law enforcement agencies within the state are
 7038  directed to provide the Department of Law Enforcement with any
 7039  information the department requests for the purpose of
 7040  implementing the provisions of subsection (2).
 7041         (2) The Department of Law Enforcement shall is hereby
 7042  authorized and directed to develop and maintain a statewide
 7043  system of regional law enforcement communications. In
 7044  formulating such a system, the department shall divide the state
 7045  into appropriate regions and shall develop a program that
 7046  includes, but is not limited to:
 7047         (a) The communications requirements for each county and
 7048  municipality comprising the region.
 7049         (b) An interagency communications provision that depicts
 7050  the communication interfaces between municipal, county, and
 7051  state law enforcement entities operating within the region.
 7052         (c) A frequency allocation and use provision that includes,
 7053  on an entity basis, each assigned and planned radio channel and
 7054  the type of operation, simplex, duplex, or half-duplex, on each
 7055  channel.
 7056         (3) The department shall adopt any necessary rules and
 7057  regulations for administering and coordinating the statewide
 7058  system of regional law enforcement communications.
 7059         (4) The executive director secretary of the department or a
 7060  his or her designee shall be is designated as the director of
 7061  the statewide system of regional law enforcement communications
 7062  and, for the purpose of carrying out the provisions of this
 7063  section, may coordinate the activities of the system with other
 7064  interested state agencies and local law enforcement agencies.
 7065         (5) A law enforcement communications system may not be
 7066  established or expanded without the prior approval of the
 7067  department.
 7068         (6)Within the limits of its capability, the Department of
 7069  Law Enforcement is encouraged to lend assistance to the
 7070  department in the development of the statewide system of
 7071  regional law enforcement communications proposed by this
 7072  section.
 7073         Section 223. Section 282.711, Florida Statutes, is amended
 7074  to read:
 7075         282.711 Remote electronic access services.—The Agency for
 7076  Enterprise Information Technology department may collect fees
 7077  for providing remote electronic access pursuant to s. 119.07(2).
 7078  The fees may be imposed on individual transactions or as a fixed
 7079  subscription for a designated period of time. All fees collected
 7080  under this section shall be deposited in the appropriate trust
 7081  fund of the program or activity that made the remote electronic
 7082  access available.
 7083         Section 224. Subsections (2) through (6) of section 283.30,
 7084  Florida Statutes, are amended to read:
 7085         283.30 Definitions.—As used in this part, unless the
 7086  context clearly requires otherwise, the term:
 7087         (2)“Department” means the Department of Management
 7088  Services.
 7089         (2)(3) “Duplicating” means the process of reproducing an
 7090  image or images from an original to a final substrate through
 7091  the electrophotographic, xerographic, laser, or offset process
 7092  or any combination of these processes, by which an operator can
 7093  make more than one copy without rehandling the original.
 7094         (3)(4) “Printing” means is the transfer of an image or
 7095  images by the use of ink or similar substance from an original
 7096  image to the final substrate through the process of letterpress,
 7097  offset lithography, gravure, screen printing, or engraving.
 7098  Printing includes shall include the process of and the materials
 7099  used in binding. Printing shall also includes include
 7100  duplicating when used to produce publications.
 7101         (4)(5) “Public” means those entities and persons other than
 7102  subordinate and functionally related or connected federal,
 7103  state, or local governmental agencies.
 7104         (5)(6) “Publication” means any document, whether produced
 7105  for public or internal distribution.
 7106         Section 225. Subsection (3) of section 283.32, Florida
 7107  Statutes, is amended to read:
 7108         283.32 Recycled paper to be used by each agency; printing
 7109  bids certifying use of recycled paper; percentage preference in
 7110  awarding contracts.—
 7111         (3) Upon the evaluation of bids for each printing contract,
 7112  the agency shall identify the lowest responsive bid and any
 7113  other responsive bids in which it has been certified that the
 7114  materials used in printing contain at least the minimum
 7115  percentage of recycled content that is set forth by the
 7116  Department of Financial Services. In awarding a contract for
 7117  printing, the agency may allow up to a 10-percent price
 7118  preference, as provided in s. 287.045, to a responsible and
 7119  responsive vendor that has certified that the materials used in
 7120  printing contain at least the minimum percentage of recycled
 7121  content established by the department. If no vendors offer
 7122  materials for printing that contain the minimum prescribed
 7123  recycled content, the contract shall be awarded to the
 7124  responsible vendor that submits the lowest responsive bid.
 7125         Section 226. Subsection (2) of section 284.01, Florida
 7126  Statutes, is amended to read:
 7127         284.01 State Risk Management Trust Fund; coverages to be
 7128  provided.—
 7129         (2) The fund shall insure all buildings, whether financed
 7130  in whole or in part by revenue bonds or certificates, and the
 7131  contents thereof or of any other buildings leased or rented by
 7132  the state. For the purpose of this section, all manufactured
 7133  homes and contents, whether permanently affixed to realty or
 7134  otherwise, are included. Rental value insurance shall also be
 7135  provided to indemnify the state or any of its agencies for loss
 7136  of income if when such rental income insurance is required to be
 7137  carried by the terms of any bonding or revenue certificates or
 7138  resolutions. Rental value insurance must shall also be provided
 7139  to indemnify the state or any of its agencies for loss of income
 7140  from those buildings operated and maintained by the Department
 7141  of Environmental Protection Management Services from the
 7142  Supervision Trust Fund.
 7143         Section 227. Section 284.04, Florida Statutes, is amended
 7144  to read:
 7145         284.04 Notice and information required by Department of
 7146  Financial Services of all Newly erected or acquired state
 7147  property subject to insurance.—The Department of Environmental
 7148  Protection Management Services and all agencies in charge of
 7149  state property shall notify the Department of Financial Services
 7150  of all newly erected or acquired property subject to coverage as
 7151  soon as erected or acquired, giving its value, type of
 7152  construction, location, whether inside or outside of corporate
 7153  limits, occupancy, and any other information the Department of
 7154  Financial Services may require in connection with such property.
 7155  Such department or agency shall also immediately notify the
 7156  Department of Financial Services immediately of any change in
 7157  value or occupancy of any property covered by the fund. Unless
 7158  the above data is submitted in writing within a reasonable time
 7159  following such erection, acquisition, or change, the Department
 7160  of Financial Services shall provide insurance coverage to the
 7161  extent shown by the last notification in writing to the fund or
 7162  in accordance with the last valuation shown by fund records. In
 7163  case of disagreement between the Department of Financial
 7164  Services and the agency or person in charge of any covered state
 7165  property as to its true value, the amount of the insurance to be
 7166  carried thereon, the proper premium rate or rates, or amount of
 7167  loss settlement, the matter in disagreement shall be determined
 7168  by the Department of Environmental Protection Management
 7169  Services.
 7170         Section 228. Section 284.05, Florida Statutes, is amended
 7171  to read:
 7172         284.05 Inspection of insured state property.—The Department
 7173  of Financial Services shall inspect all permanent buildings
 7174  insured by the State Risk Management Trust Fund, and whenever
 7175  conditions are found to exist which, in the opinion of the
 7176  Department of Financial Services, conditions are found to exist
 7177  which are hazardous from the standpoint of destruction by fire
 7178  or other loss, the department of Financial Services may order
 7179  the same repaired or remedied, and the agency, board, or person
 7180  in charge of such property must immediately repair or remedy is
 7181  required to have such dangerous conditions immediately repaired
 7182  or remedied upon written notice from the department of Financial
 7183  Services of the such hazardous conditions. Such amounts as may
 7184  be necessary to comply with such notice or notices shall be paid
 7185  by the Department of Environmental Protection Management
 7186  Services or by the agency, board, or person in charge of such
 7187  property out of any moneys appropriated for the maintenance of
 7188  the respective agency or for the repairs or permanent
 7189  improvement of such properties or from any incidental or
 7190  contingent funds they may have on hand. If there is In the event
 7191  of a disagreement between the Department of Financial Services
 7192  and the agency, board, or person having charge of such property
 7193  as to the necessity of the repairs or remedies ordered, the
 7194  matter in disagreement shall be determined by the Department of
 7195  Environmental Protection Management Services.
 7196         Section 229. Section 284.08, Florida Statutes, is amended
 7197  to read:
 7198         284.08 Reinsurance on excess coverage and approval by
 7199  Department of Management Services.—The Department of Financial
 7200  Services shall determine what excess coverage is necessary and
 7201  may purchase reinsurance thereon upon approval by the Department
 7202  of Management Services.
 7203         Section 230. Subsection (1) of section 284.33, Florida
 7204  Statutes, is amended to read:
 7205         284.33 Purchase of insurance, reinsurance, and services.—
 7206         (1) The Department of Financial Services shall is
 7207  authorized to provide insurance, specific excess insurance, and
 7208  aggregate excess insurance through the Department of Management
 7209  Services, pursuant to the provisions of part I of chapter 287,
 7210  as necessary to provide insurance coverages authorized by this
 7211  part, consistent with market availability. However, The
 7212  department of Financial Services may directly purchase annuities
 7213  by using a structured settlement insurance consulting firm
 7214  selected by the department to assist in the settlement of claims
 7215  being handled by the Division of Risk Management. The selection
 7216  of the structured settlement insurance services consultant shall
 7217  be made by using competitive sealed proposals. The consulting
 7218  firm shall act as an agent of record for the department in
 7219  procuring the best annuity products available to facilitate
 7220  structured settlement of claims, considering price, insurer
 7221  financial strength, and the best interests of the state risk
 7222  management program. Purchase of annuities by the department
 7223  using a structured settlement method is excepted from
 7224  competitive sealed bidding or proposal requirements. The
 7225  department may also of Financial Services is further authorized
 7226  to purchase such risk management services, including, but not
 7227  limited to, risk and claims control; safety management; and
 7228  legal, investigative, and adjustment services, as may be
 7229  required and pay claims. The department may contract with a
 7230  service organization for such services and advance money to such
 7231  service organization for deposit in a special checking account
 7232  for paying claims made against the state under the provisions of
 7233  this part. The special checking account shall be maintained in
 7234  this state in a bank or savings association organized under the
 7235  laws of this state or of the United States. The department may
 7236  replenish such account as often as necessary upon the
 7237  presentation by the service organization of documentation for
 7238  payments of claims equal to the amount of the requested
 7239  reimbursement.
 7240         Section 231. Section 284.385, Florida Statutes, is amended
 7241  to read:
 7242         284.385 Reporting and handling of claims.—All departments
 7243  covered by the State Risk Management Trust Fund under this part
 7244  shall immediately report all known or potential claims to the
 7245  Department of Financial Services for handling, except employment
 7246  complaints which have not been filed with the Florida Human
 7247  Relations Commission, Equal Employment Opportunity Commission,
 7248  or any similar agency. If When deemed necessary, the Department
 7249  of Financial Services shall assign or reassign the claim to
 7250  counsel. The assigned counsel shall report regularly to the
 7251  Department of Financial Services or to the covered department on
 7252  the status of any such claims or litigation as required by the
 7253  Department of Financial Services. A No such claim may not shall
 7254  be compromised or settled for monetary compensation without the
 7255  prior approval of the Department of Financial Services and prior
 7256  notification to the covered department. All departments shall
 7257  cooperate with the Department of Financial Services in its
 7258  handling of claims. The Department of Financial Services and the
 7259  Department of Management Services, with the cooperation of the
 7260  state attorneys and the clerks of the courts, shall develop a
 7261  system to coordinate the exchange of information concerning
 7262  claims for and against the state, its agencies, and its
 7263  subdivisions, to assist in collection of amounts due to them.
 7264  The covered department shall have the responsibility for the
 7265  settlement of any claim for injunctive or affirmative relief
 7266  under 42 U.S.C. s. 1983 or similar federal or state statutes.
 7267  The payment of a settlement or judgment for any claim covered
 7268  and reported under this part shall be made only from the State
 7269  Risk Management Trust Fund.
 7270         Section 232. Section 284.42, Florida Statutes, is amended
 7271  to read:
 7272         284.42 Reports on state insurance program.—
 7273         (1) The Department of Financial Services, with the
 7274  Department of Management Services, shall make an analysis of the
 7275  state insurance program annually, which includes shall include:
 7276         (a) Complete underwriting information as to the nature of
 7277  the risks accepted for self-insurance and those risks that are
 7278  transferred to the insurance market.
 7279         (b) The funds allocated to the Florida Casualty Risk
 7280  Management Trust Fund and premiums paid for insurance through
 7281  the market.
 7282         (c) The method of handling legal matters and the cost
 7283  allocated.
 7284         (d) The method and cost of handling inspection and
 7285  engineering of risks.
 7286         (e) The cost of risk management service purchased.
 7287         (f) The cost of managing the State Insurance Program by the
 7288  Department of Financial Services and the Department of
 7289  Management Services.
 7290         (2) The department departments shall make available
 7291  complete claims history including description of loss, claims
 7292  paid and reserved, and the cost of all claims handled by the
 7293  state.
 7294         Section 233. Section 285.06, Florida Statutes, is amended
 7295  to read:
 7296         285.06 State Indian Reservation.—If When, as the result of
 7297  the exchanges provided for in ss. 285.04 and 285.05, there shall
 7298  have been established a reservation that has been established
 7299  for the Indians by the United States in Florida, the State
 7300  Seminole Indian Reservation in Monroe County, created by chapter
 7301  7310, Acts of 1917, is shall be withdrawn and returned to the
 7302  Board of Trustees of the Internal Improvement Trust Fund,; and
 7303  thereupon the board of trustees of the Internal Improvement
 7304  Trust Fund shall set aside a tract of land of approximately
 7305  equal size and of suitable character, adjacently located, as
 7306  nearly as may be, to the reservation to be established by the
 7307  United States; and said lands, when so set aside, shall
 7308  constitute the State Indian Reservation and shall be held in
 7309  trust by the Department of Environmental Protection Management
 7310  Services for the perpetual benefit of the Indians and as a
 7311  reservation for them.
 7312         Section 234. Subsection (4) of section 285.14, Florida
 7313  Statutes, is amended to read:
 7314         285.14 Board of Trustees of the Internal Improvement Trust
 7315  Fund as trustee to accept donations of and acquire property for
 7316  Indians.—
 7317         (4) The Department of Environmental Protection Management
 7318  Services, the State Board of Education, and any other state
 7319  board or agency having title to lands or having lands under
 7320  their jurisdiction, management, or control, may in their
 7321  discretion convey and transfer to the board of trustees the
 7322  title to such any of said lands in trust for the use and benefit
 7323  of said Indians.
 7324         Section 235. Subsections (1) and (3) of section 286.29,
 7325  Florida Statutes, are amended to read:
 7326         286.29 Climate-friendly public business.—The Legislature
 7327  recognizes the importance of leadership by state government in
 7328  the area of energy efficiency and in reducing the greenhouse gas
 7329  emissions of state government operations. The following shall
 7330  pertain to all state agencies when conducting public business:
 7331         (1) The Department of Financial Management Services shall
 7332  develop the “Florida Climate-Friendly Preferred Products List.”
 7333  In maintaining that list, the department, in consultation with
 7334  the Department of Environmental Protection, shall continually
 7335  assess products currently available for purchase under state
 7336  term contracts to identify specific products and vendors that
 7337  offer clear energy efficiency or other environmental benefits
 7338  over competing products. When procuring products from state term
 7339  contracts, state agencies shall first consult the Florida
 7340  Climate-Friendly Preferred Products List and procure such
 7341  products if the price is comparable.
 7342         (3) Each state agency shall ensure that all maintained
 7343  vehicles meet minimum maintenance schedules shown to reduce fuel
 7344  consumption, which include: ensuring appropriate tire pressures
 7345  and tread depth; replacing fuel filters and emission filters at
 7346  recommended intervals; using proper motor oils; and performing
 7347  timely motor maintenance. Each state agency shall measure and
 7348  report compliance to the Department of Financial Management
 7349  Services through the Equipment Management Information System
 7350  database.
 7351         Section 236. Subsections (10) and (19) of section 287.012,
 7352  Florida Statutes, are amended to read:
 7353         287.012 Definitions.—As used in this part, the term:
 7354         (10) “Department” means the Department of Financial
 7355  Management Services.
 7356         (19) “Office” means the Office of Supplier Diversity in of
 7357  the department of Management Services.
 7358         Section 237. Subsection (4) of section 287.025, Florida
 7359  Statutes, is amended to read:
 7360         287.025 Prohibition against certain insurance coverage on
 7361  specified state property or insurable subjects.—
 7362         (4) No primary insurance contracts shall be purchased on
 7363  any property or insurable subjects when the same is loaned to,
 7364  leased by, or intended to be leased by, the state or its
 7365  departments, divisions, bureaus, commissions, or agencies unless
 7366  such coverage is required by the terms of the lease agreement
 7367  and unless the insurance coverages required by the provisions of
 7368  the lease are approved in writing by the Department of Financial
 7369  Management Services.
 7370         Section 238. Section 287.032, Florida Statutes, is amended
 7371  to read:
 7372         287.032 Purpose of department.—It shall be The purpose of
 7373  the Department of Financial Management Services under this
 7374  chapter is to:
 7375         (1) To Promote efficiency, economy, and the conservation of
 7376  energy and to effect coordination in the purchase of commodities
 7377  and contractual services for the state.
 7378         (2) To Provide uniform commodity and contractual service
 7379  procurement policies, rules, procedures, and forms for use by
 7380  agencies and eligible users.
 7381         (3) To Procure and distribute federal surplus tangible
 7382  personal property allocated to the state by the Federal
 7383  Government.
 7384         Section 239. Paragraph (h) of subsection (1), paragraph (b)
 7385  of subsection (2), and subsection (8) of section 287.042,
 7386  Florida Statutes, are amended to read:
 7387         287.042 Powers, duties, and functions.—The department shall
 7388  have the following powers, duties, and functions:
 7389         (1)
 7390         (h) The department may collect fees for the use of its
 7391  electronic information services. The fees may be imposed on an
 7392  individual transaction basis or as a fixed subscription for a
 7393  designated period of time. At a minimum, the fees shall be
 7394  determined in an amount sufficient to cover the department’s
 7395  projected costs of the services, including overhead in
 7396  accordance with the department’s policies of the Department of
 7397  Management Services for computing its administrative assessment.
 7398  All fees collected under this paragraph shall be deposited in
 7399  the Operating Trust Fund for disbursement as provided by law.
 7400         (2)
 7401         (b) As an alternative to any provision in s. 120.57(3)(c),
 7402  the department may proceed with the competitive solicitation or
 7403  contract award process of a term contract if the Chief Financial
 7404  Officer when the secretary of the department or a his or her
 7405  designee sets forth in writing particular facts and
 7406  circumstances that which demonstrate that the delay incident to
 7407  staying the solicitation or contract award process would be
 7408  detrimental to the interests of the state. After the award of a
 7409  contract resulting from a competitive solicitation in which a
 7410  timely protest was received and in which the state did not
 7411  prevail, the contract may be canceled and reawarded.
 7412         (8) To provide any commodity and contractual service
 7413  purchasing rules to the Chief Financial Officer and all agencies
 7414  through an electronic medium or other means. Agencies may not
 7415  approve any account or request any payment of any account for
 7416  the purchase of any commodity or the procurement of any
 7417  contractual service covered by a purchasing or contractual
 7418  service rule except as authorized therein. The department shall
 7419  furnish copies of department rules adopted by the department to
 7420  any county, municipality, or other local public agency
 7421  requesting them.
 7422         Section 240. Subsections (7) and (8) and paragraph (c) of
 7423  subsection (9) of section 287.055, Florida Statutes, are amended
 7424  to read:
 7425         287.055 Acquisition of professional architectural,
 7426  engineering, landscape architectural, or surveying and mapping
 7427  services; definitions; procedures; contingent fees prohibited;
 7428  penalties.—
 7429         (7) AUTHORITY OF DEPARTMENT OF ENVIRONMENTAL PROTECTION
 7430  MANAGEMENT SERVICES.—Notwithstanding any other provision of this
 7431  section, the Department of Environmental Protection Management
 7432  Services shall be the agency of state government which is solely
 7433  and exclusively authorized and empowered to administer and
 7434  perform the functions described in subsections (3), (4), and (5)
 7435  respecting all projects for which the funds necessary to
 7436  complete same are appropriated to the department of Management
 7437  Services, irrespective of whether such projects are intended for
 7438  the use and benefit of the department of Management Services or
 7439  any other agency of government. However, nothing herein shall be
 7440  construed to be in derogation of any authority conferred on the
 7441  Department of Environmental Protection Management Services by
 7442  other express provisions of law. Additionally, any agency of
 7443  government may, with the approval of the department of
 7444  Management Services, delegate to the department of Management
 7445  Services authority to administer and perform the functions
 7446  described in subsections (3), (4), and (5). Under the terms of
 7447  the delegation, the agency may reserve its right to accept or
 7448  reject a proposed contract.
 7449         (8) STATE ASSISTANCE TO LOCAL AGENCIES.—On any professional
 7450  service contract for which the fee is over $25,000, the
 7451  Department of Transportation or the Department of Environmental
 7452  Protection Management Services shall provide, upon request by a
 7453  municipality, political subdivision, school board, or school
 7454  district, and upon reimbursement of the costs involved,
 7455  assistance in selecting consultants and in negotiating
 7456  consultant contracts.
 7457         (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.—
 7458         (c) Except as otherwise provided in s. 337.11(7), the
 7459  Department of Environmental Protection Management Services shall
 7460  adopt rules for the award of design-build contracts to be
 7461  followed by state agencies. Each other agency must adopt rules
 7462  or ordinances for the award of design-build contracts.
 7463  Municipalities, political subdivisions, school districts, and
 7464  school boards shall award design-build contracts by the use of a
 7465  competitive proposal selection process as described in this
 7466  subsection, or by the use of a qualifications-based selection
 7467  process pursuant to subsections (3), (4), and (5) for entering
 7468  into a contract whereby the selected firm shall will, subsequent
 7469  to competitive negotiations, establish a guaranteed maximum
 7470  price and guaranteed completion date. If the procuring agency
 7471  elects the option of qualifications-based selection, during the
 7472  selection of the design-build firm the procuring agency shall
 7473  employ or retain a licensed design professional appropriate to
 7474  the project to serve as the agency’s representative. Procedures
 7475  for the use of a competitive proposal selection process must
 7476  include, at as a minimum, the following:
 7477         1. The preparation of a design criteria package for the
 7478  design and construction of the public construction project.
 7479         2. The qualification and selection of at least no fewer
 7480  than three design-build firms as the most qualified, based on
 7481  the qualifications, availability, and past work of the firms,
 7482  including the partners or members thereof.
 7483         3. The criteria, procedures, and standards for the
 7484  evaluation of design-build contract proposals or bids, based on
 7485  price, technical, and design aspects of the public construction
 7486  project, weighted for the project.
 7487         4. The solicitation of competitive proposals, pursuant to a
 7488  design criteria package, from those qualified design-build firms
 7489  and the evaluation of the responses or bids submitted by those
 7490  firms based on the evaluation criteria and procedures
 7491  established before prior to the solicitation of competitive
 7492  proposals.
 7493         5. For consultation with the employed or retained design
 7494  criteria professional concerning the evaluation of the responses
 7495  or bids submitted by the design-build firms, the supervision or
 7496  approval by the agency of the detailed working drawings of the
 7497  project; and for evaluation of the compliance of the project
 7498  construction with the design criteria package by the design
 7499  criteria professional.
 7500         6. In the case of public emergencies, for the agency head
 7501  to declare an emergency and authorize negotiations with the best
 7502  qualified design-build firm available at that time.
 7503         Section 241. Paragraph (d) of subsection (5) and paragraph
 7504  (b) of subsection (17) of section 287.057, Florida Statutes, are
 7505  amended to read:
 7506         287.057 Procurement of commodities or contractual
 7507  services.—
 7508         (5) When the purchase price of commodities or contractual
 7509  services exceeds the threshold amount provided in s. 287.017 for
 7510  CATEGORY TWO, no purchase of commodities or contractual services
 7511  may be made without receiving competitive sealed bids,
 7512  competitive sealed proposals, or competitive sealed replies
 7513  unless:
 7514         (d) If When it is in the best interest of the state, the
 7515  Chief Financial Officer secretary of the department or a his or
 7516  her designee may authorize the Support Program to purchase
 7517  insurance by negotiation, but such purchase shall be made only
 7518  under conditions most favorable to the public interest.
 7519         (17) For a contract in excess of the threshold amount
 7520  provided in s. 287.017 for CATEGORY FOUR, the agency head shall
 7521  appoint:
 7522         (b) At least three persons to conduct negotiations during a
 7523  competitive sealed reply procurement who collectively have
 7524  experience and knowledge in negotiating contracts, contract
 7525  procurement, and the program areas and service requirements for
 7526  which commodities or contractual services are sought. If When
 7527  the value of a contract is in excess of $1 million in any fiscal
 7528  year, at least one of the persons conducting negotiations must
 7529  be certified as a contract negotiator in accordance with
 7530  department based upon rules adopted by the Department of
 7531  Management Services in order to ensure that certified contract
 7532  negotiators are knowledgeable about effective negotiation
 7533  strategies, capable of successfully implementing those
 7534  strategies, and involved appropriately in the procurement
 7535  process. At a minimum, the rules must address the qualifications
 7536  required for certification, the method of certification, and the
 7537  procedure for involving the certified negotiator. If the value
 7538  of a contract is in excess of $10 million in any fiscal year, at
 7539  least one of the persons conducting negotiations must be a
 7540  Project Management Professional, as certified by the Project
 7541  Management Institute.
 7542         Section 242. Section 287.05721, Florida Statutes, is
 7543  amended to read:
 7544         287.05721 Definitions.—As used in ss. 287.0571-287.0574,
 7545  the term:
 7546         (1)“Council” means the Council on Efficient Government.
 7547         (2) “outsource” means the process of contracting with a
 7548  vendor to provide a service as defined in s. 216.011(1)(f), in
 7549  whole or in part, or an activity as defined in s.
 7550  216.011(1)(rr), while a state agency retains the responsibility
 7551  and accountability for the service or activity and there is a
 7552  transfer of management responsibility for the delivery of
 7553  resources and the performance of those resources.
 7554         Section 243. Section 287.0573, Florida Statutes, is
 7555  repealed.
 7556         Section 244. Subsections (1), (2), (3), and (4) of section
 7557  287.0574, Florida Statutes, are amended to read:
 7558         287.0574 Business cases to outsource; review and analysis;
 7559  requirements.—
 7560         (1) A business case to outsource having a projected cost
 7561  exceeding $10 million in any fiscal year shall require:
 7562         (a) An initial business case analysis conducted by the
 7563  state agency and submitted to the council, the Governor, the
 7564  President of the Senate, and the Speaker of the House of
 7565  Representatives at least 60 days before a solicitation is
 7566  issued. The council shall evaluate the business case analysis
 7567  and submit an advisory report to the state agency, the Governor,
 7568  the President of the Senate, and the Speaker of the House of
 7569  Representatives when the advisory report is completed, but at
 7570  least 30 days before the agency issues the solicitation.
 7571         (b) A final business case analysis conducted by the state
 7572  agency and submitted after the conclusion of any negotiations,
 7573  at least 30 days before execution of a contract, to the council,
 7574  the Governor, the President of the Senate, and the Speaker of
 7575  the House of Representatives.
 7576         (2) A proposal to outsource having a projected total cost
 7577  that ranges from $1 million to $10 million must in any fiscal
 7578  year shall require:
 7579         (a) An initial business case analysis conducted by the
 7580  state agency and submission of the business case, at least 30
 7581  days before issuing a solicitation, to the council, the
 7582  Governor, the President of the Senate, and the Speaker of the
 7583  House of Representatives.
 7584         (b) A final business case analysis conducted by the state
 7585  agency and submitted after the conclusion of any negotiations,
 7586  at least 30 days before execution of a contract, to the council,
 7587  the Governor, the President of the Senate, and the Speaker of
 7588  the House of Representatives.
 7589         (3) A business case to outsource that has having a
 7590  projected cost that is less than $1 million must in any fiscal
 7591  year shall require a final business case analysis conducted by
 7592  the state agency after the conclusion of any negotiations and
 7593  provided at least 30 days before execution of a contract to the
 7594  council. The council shall provide such business cases in its
 7595  annual report to the Legislature.
 7596         (4) For any proposed outsourcing, the state agency shall
 7597  develop a business case that justifies the proposal to
 7598  outsource. In order to reduce any administrative burden, the
 7599  council may allow a state agency shall to submit the business
 7600  case in the form required by the budget instructions issued
 7601  pursuant to s. 216.023(4)(a)7., augmented with additional
 7602  information if necessary, to ensure that the requirements of
 7603  this section are met. The business case is not subject to
 7604  challenge or protest pursuant to chapter 120. The business case
 7605  must include, but need not be limited to:
 7606         (a) A detailed description of the service or activity for
 7607  which the outsourcing is proposed.
 7608         (b) A description and analysis of the state agency’s
 7609  current performance, based on existing performance metrics if
 7610  the state agency is currently performing the service or
 7611  activity.
 7612         (c) The goals desired to be achieved through the proposed
 7613  outsourcing and the rationale for such goals.
 7614         (d) A citation to the existing or proposed legal authority
 7615  for outsourcing the service or activity.
 7616         (e) A description of available options for achieving the
 7617  goals. If state employees are currently performing the service
 7618  or activity, at least one option involving maintaining state
 7619  provision of the service or activity must shall be included.
 7620         (f) An analysis of the advantages and disadvantages of each
 7621  option, including, at a minimum, potential performance
 7622  improvements and risks.
 7623         (g) A description of the current market for the contractual
 7624  services that are under consideration for outsourcing.
 7625         (h) A cost-benefit analysis documenting the direct and
 7626  indirect specific baseline costs, savings, and qualitative and
 7627  quantitative benefits involved in or resulting from the
 7628  implementation of the recommended option or options. Such
 7629  analysis must specify the schedule that, at a minimum, must be
 7630  adhered to in order to achieve the estimated savings. All
 7631  elements of cost must be clearly identified in the cost-benefit
 7632  analysis, described in the business case, and supported by
 7633  applicable records and reports. The state agency head shall
 7634  attest that, based on the data and information underlying the
 7635  business case, to the best of his or her knowledge, all
 7636  projected costs, savings, and benefits are valid and achievable.
 7637  As used in this section, the term “cost” means the reasonable,
 7638  relevant, and verifiable cost, which may include, but is not
 7639  limited to, elements such as personnel, materials and supplies,
 7640  services, equipment, capital depreciation, rent, maintenance and
 7641  repairs, utilities, insurance, personnel travel, overhead, and
 7642  interim and final payments. The appropriate elements shall
 7643  depend on the nature of the specific initiative. As used in this
 7644  section, the term “savings” means the difference between the
 7645  direct and indirect actual annual baseline costs compared to the
 7646  projected annual cost for the contracted functions or
 7647  responsibilities in any succeeding state fiscal year during the
 7648  term of the contract.
 7649         (i) A description of differences among current state agency
 7650  policies and processes and, as appropriate, a discussion of
 7651  options for or a plan to standardize, consolidate, or revise
 7652  current policies and processes, if any, to reduce the
 7653  customization of any proposed solution that would otherwise be
 7654  required.
 7655         (j) A description of the specific performance standards
 7656  that must, at a minimum, be met to ensure adequate performance.
 7657         (k) The projected timeframe for key events from the
 7658  beginning of the procurement process through the expiration of a
 7659  contract.
 7660         (l) A plan to ensure compliance with the public records
 7661  law.
 7662         (m) A specific and feasible contingency plan addressing
 7663  contractor nonperformance and a description of the tasks
 7664  involved in and costs required for its implementation.
 7665         (n) A state agency’s transition plan for addressing changes
 7666  in the number of agency personnel, affected business processes,
 7667  employee transition issues, and communication with affected
 7668  stakeholders, such as agency clients and the public. The
 7669  transition plan must contain a reemployment and retraining
 7670  assistance plan for employees who are not retained by the state
 7671  agency or employed by the contractor.
 7672         (o) A plan for ensuring access by persons with disabilities
 7673  in compliance with applicable state and federal law.
 7674         (p) A description of legislative and budgetary actions
 7675  necessary to accomplish the proposed outsourcing.
 7676         Section 245. Section 287.076, Florida Statutes, is amended
 7677  to read:
 7678         287.076 Project Management Professionals Training for
 7679  personnel involved in managing outsourcings; funding.—The
 7680  department of Management Services may implement a program to
 7681  train state agency employees who are involved in managing
 7682  outsourcings as Project Management Professionals, as certified
 7683  by the Project Management Institute. For the 2006-2007 fiscal
 7684  year, the sum of $500,000 in recurring funds from the General
 7685  Revenue Fund is appropriated to the department of Management
 7686  Services to implement this program. The department of Management
 7687  Services, in consultation with entities subject to this act,
 7688  shall identify personnel to participate in this training based
 7689  on requested need and ensure that each agency is represented.
 7690  The department of Management Services may remit payment for this
 7691  training on behalf of all participating personnel.
 7692         Section 246. Subsection (1) of section 287.083, Florida
 7693  Statutes, is amended to read:
 7694         287.083 Purchase of commodities.—
 7695         (1) It shall be the policy of the state for The Department
 7696  of Financial Management Services shall to consider the life
 7697  cycle cost of commodities purchased by the state, if when
 7698  applicable and feasible as determined by the department.
 7699         Section 247. Section 287.0834, Florida Statutes, is amended
 7700  to read:
 7701         287.0834 Motor vehicles; energy-saving equipment and
 7702  additives.—Each motor vehicle purchased by the state and each
 7703  motor vehicle leased by the state for a period in excess of 1
 7704  year must shall use devices, equipment, and additives that have
 7705  been certified as energy-saving and approved for use by the
 7706  United States Environmental Protection Agency and that have been
 7707  determined by the department to be cost-effective by the
 7708  Department of Management Services.
 7709         Section 248. Present subsection (2) of section 287.084,
 7710  Florida Statutes, is renumbered as subsection (3), respectively,
 7711  and new subsection (2) is added to that section, to read:
 7712         287.084 Preference to Florida businesses.—
 7713         (2) In a competitive solicitation in which the lowest bid
 7714  is submitted by a vendor whose principal place of business is
 7715  located outside of this state and the foreign state does not
 7716  grant a preference in competitive solicitation to vendors having
 7717  a principal place of business in that state, a 5 percent
 7718  preference shall be given to the lowest responsible and
 7719  responsive vendor having a principal place of business in this
 7720  state if the vendor receiving the preference does not
 7721  subcontract any work under the contract to an out-of-state
 7722  vendor.
 7723         Section 249. Subsection (1), paragraphs (d), (g), and (j)
 7724  of subsection (2), paragraph (e) of subsection (3), paragraph
 7725  (a) of subsection (5), and subsection (12) of section 287.0943,
 7726  Florida Statutes, are amended to read:
 7727         287.0943 Certification of minority business enterprises.—
 7728         (1) A business certified by any local governmental
 7729  jurisdiction or organization shall be accepted by the Department
 7730  of Management Services, office of Supplier Diversity, as a
 7731  certified minority business enterprise for purposes of doing
 7732  business with state government if when the office of Supplier
 7733  Diversity determines that the state’s minority business
 7734  enterprise certification criteria are applied in the local
 7735  certification process.
 7736         (2)
 7737         (d) A final list of the criteria and procedures proposed by
 7738  the task force shall be considered by the Chief Financial
 7739  Officer secretary. The task force may seek technical assistance
 7740  from qualified providers of technical, business, and managerial
 7741  expertise to ensure the reliability of the certification
 7742  criteria developed.
 7743         (g) The certification criteria approved by the task force
 7744  and adopted by the department must of Management Services shall
 7745  be included in a statewide and interlocal agreement as defined
 7746  in s. 287.09431 and, in accordance with s. 163.01, shall be
 7747  executed according to the terms included therein.
 7748         (j) The statewide and interlocal agreement shall be guided
 7749  by the terms and conditions found therein and may be amended at
 7750  any meeting of the task force and subsequently adopted by the
 7751  Chief Financial Officer secretary of the Department of
 7752  Management Services. The amended agreement must be enacted,
 7753  initialed, and legally executed by at least two-thirds of the
 7754  certifying entities party to the existing agreement and adopted
 7755  by the state as originally executed in order to bind the
 7756  certifying entity.
 7757         (3)
 7758         (e) Any participating program receiving three or more
 7759  challenges to its certification decisions pursuant to subsection
 7760  (4) from other organizations that are executors to the statewide
 7761  and interlocal agreement, is shall be subject to a review by the
 7762  office, as provided in paragraphs (a) and (b), of the
 7763  organization’s capacity to perform under such agreement and in
 7764  accordance with the core criteria established by the task force.
 7765  The office shall submit a report to the Chief Financial Officer
 7766  secretary of the Department of Management Services regarding the
 7767  results of the review.
 7768         (5)(a) The Chief Financial Officer secretary of the
 7769  Department of Management Services shall execute the statewide
 7770  and interlocal agreement established under s. 287.09431 on
 7771  behalf of the state. The office shall certify minority business
 7772  enterprises in accordance with the laws of this state and, by
 7773  affidavit, shall recertify such minority business enterprises
 7774  not less than once each year.
 7775         (12) Any executor of the statewide and interlocal agreement
 7776  may revoke the certification or recertification of a firm doing
 7777  business as a certified minority business enterprise if the
 7778  minority business enterprise does not meet the requirements of
 7779  the jurisdiction or certifying entity that certified or
 7780  recertified the firm as a certified minority business
 7781  enterprise, or the requirements of subsection (2), s. 288.703,
 7782  and any rule of the office or the department of Management
 7783  Services or if the business acquired certification or
 7784  recertification by means of falsely representing any entity as a
 7785  minority business enterprise for purposes of qualifying for
 7786  certification or recertification.
 7787         Section 250. Subsections (2) and (3) and paragraph (h) of
 7788  subsection (4) of section 287.09451, Florida Statutes, are
 7789  amended to read:
 7790         287.09451 Office of Supplier Diversity; powers, duties, and
 7791  functions.—
 7792         (2) The Office of Supplier Diversity is established within
 7793  the department of Management Services to assist minority
 7794  business enterprises in becoming suppliers of commodities,
 7795  services, and construction to state government.
 7796         (3) The Chief Financial Officer secretary shall appoint an
 7797  executive director for the office of Supplier Diversity, who
 7798  shall serve at the pleasure of the Chief Financial Officer
 7799  secretary.
 7800         (4) The Office of Supplier Diversity shall have the
 7801  following powers, duties, and functions:
 7802         (h) To develop procedures to investigate complaints against
 7803  minority business enterprises or contractors alleged to violate
 7804  any provision related to this section or s. 287.0943, that may
 7805  include visits to worksites or business premises, and to refer
 7806  all information on businesses suspected of misrepresenting
 7807  minority status to the department of Management Services for
 7808  investigation. When an investigation is completed and there is
 7809  reason to believe that a violation has occurred, the department
 7810  of Labor and Employment Security shall refer the matter to the
 7811  office of the Attorney General, Department of Legal Affairs, for
 7812  prosecution.
 7813         Section 251. Section 287.131, Florida Statutes, is amended
 7814  to read:
 7815         287.131 Assistance of Department of Financial Services.—The
 7816  department of Financial Services shall provide the Department of
 7817  Management Services with technical assistance in all matters
 7818  pertaining to the purchase of insurance for all agencies, and
 7819  shall make surveys of the insurance needs of the state and all
 7820  departments thereof, including the benefits, if any, of self
 7821  insurance.
 7822         Section 252. Paragraphs (d), (e), (f), and (g) of
 7823  subsection (1) of section 287.133, Florida Statutes, are amended
 7824  to read:
 7825         287.133 Public entity crime; denial or revocation of the
 7826  right to transact business with public entities.—
 7827         (1) As used in this section:
 7828         (d)“Department” means the Department of Management
 7829  Services.
 7830         (d)(e) “Person” means any natural person or any entity
 7831  organized under the laws of any state or of the United States
 7832  with the legal power to enter into a binding contract and which
 7833  bids or applies to bid on contracts let by a public entity, or
 7834  which otherwise transacts or applies to transact business with a
 7835  public entity. The term “person” includes those officers,
 7836  directors, executives, partners, shareholders, employees,
 7837  members, and agents who are active in management of an entity.
 7838         (e)(f) “Public entity” means the State of Florida, any of
 7839  its departments or agencies, or any political subdivision.
 7840         (f)(g) “Public entity crime” means a violation of any state
 7841  or federal law by a person with respect to and directly related
 7842  to the transaction of business with any public entity or with an
 7843  agency or political subdivision of any other state or with the
 7844  United States, including, but not limited to, any bid, proposal,
 7845  reply, or contract for goods or services, any lease for real
 7846  property, or any contract for the construction or repair of a
 7847  public building or public work, involving antitrust, fraud,
 7848  theft, bribery, collusion, racketeering, conspiracy, or material
 7849  misrepresentation.
 7850         Section 253. Paragraphs (d), (e), (f), and (g) of
 7851  subsection (1) of section 287.134, Florida Statutes, are amended
 7852  to read:
 7853         287.134 Discrimination; denial or revocation of the right
 7854  to transact business with public entities.—
 7855         (1) As used in this section:
 7856         (d)“Department” means the Department of Management
 7857  Services.
 7858         (d)(e) “Entity” means any natural person or any entity
 7859  organized under the laws of any state or of the United States
 7860  with the legal power to enter into a binding contract and which
 7861  bids or applies to bid on contracts let by a public entity, or
 7862  which otherwise transacts or applies to transact business with a
 7863  public entity.
 7864         (e)(f) “Public entity” means this state and any department
 7865  or agency of this state.
 7866         (f)(g) “Senior management” includes chief executive
 7867  officers; assistant chief executive officers, including, but not
 7868  limited to, assistant presidents, vice presidents, or assistant
 7869  treasurers; chief financial officers; chief personnel officers;
 7870  or any employee of an entity performing similar functions.
 7871         Section 254. Section 287.15, Florida Statutes, is amended
 7872  to read:
 7873         287.15 Purchase or lease of motor vehicles, watercraft, or
 7874  aircraft; prior approval of the Department of Management
 7875  Services.—No state agency shall purchase, lease, or acquire any
 7876  motor vehicle, watercraft, or aircraft of any type unless prior
 7877  approval is first obtained from the Department of Financial
 7878  Management Services. However, this section does not nothing
 7879  herein shall prohibit the lease for casual use of motor
 7880  vehicles, or remove the requirement that all purchases be in
 7881  compliance with the rules and regulations of the Department of
 7882  Financial Management Services.
 7883         Section 255. Subsection (2) of section 287.151, Florida
 7884  Statutes, is amended to read:
 7885         287.151 Limitation on classes of motor vehicles procured.—
 7886         (2) No Funds in the General Appropriations Act may not
 7887  shall be used to purchase any vehicle at prices in excess of the
 7888  standard prices negotiated by the Department of Financial
 7889  Management Services.
 7890         Section 256. Subsections (1) and (3) of section 287.155,
 7891  Florida Statutes, are amended to read:
 7892         287.155 Motor vehicles; purchase by Department of Children
 7893  and Family Services, Agency for Persons with Disabilities,
 7894  Department of Health, Department of Juvenile Justice, and
 7895  Department of Corrections.—
 7896         (1) The Department of Children and Family Services, the
 7897  Agency for Persons with Disabilities, the Department of Health,
 7898  the Department of Juvenile Justice, and the Department of
 7899  Corrections may, subject to the approval of the Department of
 7900  Financial Management Services, purchase automobiles, trucks,
 7901  tractors, and other automotive equipment for the use of
 7902  institutions or developmental disabilities centers under the
 7903  management of the Department of Children and Family Services,
 7904  the Agency for Persons with Disabilities, the Department of
 7905  Health, and the Department of Corrections, and for the use of
 7906  residential facilities managed or contracted by the Department
 7907  of Juvenile Justice.
 7908         (3) The Department of Health may is authorized, subject to
 7909  the approval of the Department of Financial Management Services,
 7910  to purchase automobiles, trucks, and other automotive equipment
 7911  for use by county health departments.
 7912         Section 257. Section 287.16, Florida Statutes, is amended
 7913  to read:
 7914         287.16 Powers and duties of department.—The Department of
 7915  Financial Management Services shall have the following powers,
 7916  duties, and responsibilities:
 7917         (1) To obtain the most effective and efficient use of motor
 7918  vehicles, watercraft, and aircraft for state purposes.
 7919         (2) To establish and operate central facilities for the
 7920  acquisition, disposal, operation, maintenance, repair, storage,
 7921  supervision, control, and regulation of all state-owned or
 7922  state-leased aircraft, watercraft, and motor vehicles and to
 7923  operate any state facilities for those purposes. Acquisition may
 7924  be by purchase, lease, loan, or in any other legal manner. The
 7925  department may contract for the maintenance of motor vehicles.
 7926         (3) In its discretion, to require every state agency to
 7927  transfer its ownership, custody, and control of every aircraft
 7928  and motor vehicle, and associated maintenance facilities and
 7929  equipment, except those used principally for law enforcement,
 7930  state fire marshal, or fire control purposes, to the department
 7931  of Management Services, including all right, title, interest,
 7932  and equity therein.
 7933         (4) Upon requisition and showing of need, to assign
 7934  suitable aircraft or motor vehicles, on a temporary basis of
 7935  (for a period up to and including 1 month,) or a permanent basis
 7936  (for a period from 1 month up to and including 1 full year)
 7937  basis, to any state agency.
 7938         (5) To allocate and charge fees to the state agencies to
 7939  which aircraft or motor vehicles are furnished, based upon any
 7940  reasonable criteria.
 7941         (6) To adopt and enforce rules and regulations for the
 7942  efficient and safe use, operation, maintenance, repair,
 7943  disposal, and replacement of all state-owned or state-leased
 7944  aircraft, watercraft, and motor vehicles and to require the
 7945  placement of appropriate stickers, decals, or other markings
 7946  upon them. The department may delegate to the respective heads
 7947  of the agencies to which aircraft, watercraft, and motor
 7948  vehicles are assigned the duty of enforcing the rules and
 7949  regulations adopted by the department.
 7950         (7) To contract for specialized maintenance services.
 7951         (8) To require any state agency to keep records and make
 7952  reports regarding aircraft and motor vehicles to the department
 7953  as may be required. The Department of Highway Safety and Motor
 7954  Vehicles shall use a reporting system approved by the
 7955  department.
 7956         (9) To establish and operate central facilities to
 7957  determine the mode of transportation to be used by state
 7958  employees traveling on official state business and to schedule
 7959  and coordinate use of state-owned or state-leased aircraft and
 7960  passenger-carrying vehicles to assure maximum utilization of
 7961  state aircraft, motor vehicles, and employee time by assuring
 7962  that employees travel by the most practical and economical mode
 7963  of travel. The department shall consider the number of employees
 7964  making the trip to the same location, the most efficient and
 7965  economical means of travel considering the time of the employee,
 7966  transportation cost and subsistence required, the urgency of the
 7967  trip, and the nature and purpose of the trip.
 7968         (10) To provide the Legislature annual reports at the end
 7969  of each calendar year concerning the use utilization of all
 7970  aircraft in the executive pool.
 7971         (11) To calculate biennially the break-even mileage at
 7972  which it becomes cost-effective for the state to provide
 7973  assigned motor vehicles to employees. The Support Program shall
 7974  provide the information to agency heads and agency inspectors
 7975  general to assist them in meeting the reporting requirements of
 7976  s. 20.055.
 7977         (12) To conduct, in coordination with the Department of
 7978  Transportation, an analysis of fuel additive and biofuel use by
 7979  the Department of Transportation through its central fueling
 7980  facilities. The department shall encourage other state
 7981  government entities to analyze transportation fuel usage,
 7982  including the different types and percentages of fuels consumed,
 7983  and report such information to the department.
 7984         Section 258. Section 287.161, Florida Statutes, is amended
 7985  to read:
 7986         287.161 Executive aircraft pool; assignment of aircraft;
 7987  charge for transportation.—
 7988         (1) There is created within the Department of Management
 7989  Services An executive aircraft pool consisting of state-owned
 7990  aircraft for the purpose of furnishing executive air travel is
 7991  created within the Executive Office of the Governor. Such
 7992  aircraft may shall not be a model in excess of a two-engine jet.
 7993  Aircraft included in the executive aircraft pool may not be
 7994  specifically assigned to any department or agency on any basis.
 7995         (2) The Executive Office of the Governor Department of
 7996  Management Services shall charge all persons receiving
 7997  transportation from the executive aircraft pool a rate not less
 7998  than the mileage allowance fixed by the Legislature for the use
 7999  of privately owned vehicles. Fees collected for persons
 8000  traveling by aircraft in the executive aircraft pool shall be
 8001  deposited into the Bureau of Aircraft Trust Fund and shall be
 8002  expended for costs incurred to operate the aircraft management
 8003  activities of the department. It is the intent of the
 8004  Legislature that the executive aircraft pool be operated on a
 8005  full cost recovery basis, less available funds.
 8006         Section 259. Paragraph (a) of subsection (3) of section
 8007  287.17, Florida Statutes, is amended to read:
 8008         287.17 Limitation on use of motor vehicles and aircraft.—
 8009         (3)(a) The term “official state business” does may not be
 8010  construed to permit the use of a motor vehicle or aircraft for
 8011  commuting purposes, unless special assignment of a motor vehicle
 8012  is authorized as a perquisite by the Department of Personnel
 8013  Management Services, required by an employee after normal duty
 8014  hours to perform duties of the position to which assigned, or
 8015  authorized for an employee whose home is the official base of
 8016  operation.
 8017         Section 260. Section 287.18, Florida Statutes, is amended
 8018  to read:
 8019         287.18 Repair and service of motor vehicles and aircraft.
 8020  The Chief Financial Officer Secretary of Management Services or
 8021  a his or her designee may require a department or any state
 8022  agency having facilities for the repair of aircraft or motor
 8023  vehicles and for the storage and distribution of gasoline and
 8024  other petroleum products to repair aircraft and motor vehicles
 8025  and to furnish gasoline and other petroleum products to any
 8026  other state department or agency and shall compensate for the
 8027  cost of such services and products.
 8028         Section 261. Section 287.19, Florida Statutes, is amended
 8029  to read:
 8030         287.19 Transfer of funds.—All moneys designated for or
 8031  appropriated to any agency for the use, operation, maintenance,
 8032  repair, or replacement of any state-owned or leased motor
 8033  vehicles or aircraft shall be transferred to the Department of
 8034  Financial Management Services as required by the department.
 8035         Section 262. Subsection (1) of section 288.021, Florida
 8036  Statutes, is amended to read:
 8037         288.021 Economic development liaison.—
 8038         (1) The heads of the Department of Transportation, the
 8039  Department of Environmental Protection and an additional member
 8040  appointed by the secretary of the department, the Department of
 8041  Labor and Employment Security, the Department of Education, the
 8042  Department of Community Affairs, the Department of Management
 8043  Services, the Department of Revenue, the Fish and Wildlife
 8044  Conservation Commission, each water management district, and
 8045  each Department of Transportation District office shall
 8046  designate a high-level staff member from within such agency to
 8047  serve as the economic development liaison for the agency. This
 8048  person shall report to the agency head and have general
 8049  knowledge both of the state’s permitting and other regulatory
 8050  functions and of the state’s economic goals, policies, and
 8051  programs. This person shall also be the primary point of contact
 8052  for the agency with the Office of Tourism, Trade, and Economic
 8053  Development on issues and projects important to the economic
 8054  development of this state Florida, including its rural areas, to
 8055  expedite project review, to ensure a prompt, effective response
 8056  to problems arising with regard to permitting and regulatory
 8057  functions, and to work closely with the other economic
 8058  development liaisons to resolve interagency conflicts.
 8059         Section 263. Subsections (1) and (2), paragraphs (c)
 8060  through (j) of subsection (4), and subsection (6) of section
 8061  288.109, Florida Statutes, are amended to read:
 8062         288.109 One-Stop Permitting System.—
 8063         (1) The Department of Community Affairs shall By January 1,
 8064  2001, the State Technology Office must establish and administer
 8065  implement an Internet site for the One-Stop Permitting System.
 8066  The One-Stop Permitting System Internet site shall provide
 8067  individuals and businesses with information concerning
 8068  development permits; guidance on what development permits are
 8069  needed for particular projects; permit requirements; and who may
 8070  be contacted for more information concerning a particular
 8071  development permit for a specific location. The department
 8072  office shall design and construct the Internet site and may
 8073  competitively procure and contract for services to develop the
 8074  site. In designing and constructing the Internet site, the
 8075  department shall office must solicit input from potential users
 8076  of the site.
 8077         (2) The Department of Community Affairs office shall
 8078  develop the One-Stop Permitting System Internet site to allow an
 8079  applicant to complete and submit application forms for
 8080  development permits to agencies and counties. The Internet site
 8081  must be capable of allowing an applicant to submit payment for
 8082  permit fees and must provide payment options. After initially
 8083  establishing the Internet site, the department office shall
 8084  implement, in the most timely manner possible, the capabilities
 8085  described in this subsection. The department office shall also
 8086  develop a protocol for adding to the One-Stop Permitting System
 8087  additional state agencies and counties that agree to participate
 8088  to the One-Stop Permitting System. The department office may
 8089  competitively procure and contract for services to develop such
 8090  capabilities.
 8091         (4) The One-Stop Permitting System must initially provide
 8092  access to the following state agencies, water management
 8093  districts and counties, with other agencies and counties that
 8094  agree to participate:
 8095         (c)The Department of Management Services.
 8096         (c)(d) The Department of Transportation, including district
 8097  offices.
 8098         (d)(e) The Northwest Florida Water Management District.
 8099         (e)(f) The St. Johns River Water Management District.
 8100         (f)(g) The Southwest Florida Water Management District.
 8101         (g)(h) The Suwannee River Water Management District.
 8102         (h)(i) The South Florida Water Management District.
 8103         (i)(j) Selected counties that agree to participate.
 8104         (6) The Department of Community Affairs office may add
 8105  counties and municipalities to the One-Stop Permitting System as
 8106  such local governments agree to participate and develop the
 8107  technical capability of joining the system.
 8108         Section 264. Section 288.1092, Florida Statutes, is amended
 8109  to read:
 8110         288.1092 One-Stop Permitting System Grant Program.—There is
 8111  created within the State Technology Office The One-Stop
 8112  Permitting System Grant Program is created within the Department
 8113  of Community Affairs. The purpose of the grant program is to
 8114  encourage counties to coordinate and integrate the development
 8115  of the county’s permitting process with the One-Stop Permitting
 8116  System. The department office shall review grant applications
 8117  and, subject to available funds, if a county is certified as a
 8118  Quick Permitting County under s. 288.1093, shall award a grant
 8119  of up to $50,000 to provide for such integration. The department
 8120  office must review a grant application for consistency with the
 8121  purpose of the One-Stop Permitting System to provide access to
 8122  development permit information and application forms. Grants
 8123  shall be issued on a first-come, first-served basis to qualified
 8124  Quick Permitting Counties. The grant moneys may be used to
 8125  purchase software, hardware, or consulting services necessary
 8126  for the county to create an interface with the One-Stop
 8127  Permitting System. Grant moneys may not be used to pay
 8128  administrative costs. The grant application must specify what
 8129  items or services the county intends to purchase using the grant
 8130  moneys, the amount of each of the items or services to be
 8131  purchased, and how the items or services are necessary for the
 8132  county to create an interface with the One-Stop Permitting
 8133  System.
 8134         Section 265. Subsections (1) and (3) of section 288.1093,
 8135  Florida Statutes, are amended to read:
 8136         288.1093 Quick Permitting County Designation Program.—
 8137         (1) There is established within the State Technology Office
 8138  The Quick Permitting County Designation Program is established
 8139  within the Department of Community Affairs. To be designated as
 8140  a Quick Permitting County, the chair of the board of county
 8141  commissioners of the applying county must certify to the
 8142  department office that the county meets the criteria specified
 8143  in subsection (3).
 8144         (3) In order to qualify for a Quick Permitting County
 8145  designation, a county must certify to the Department of
 8146  Community Affairs office that the county has implemented the
 8147  following best management practices:
 8148         (a) The establishment of a single point of contact for a
 8149  business seeking assistance in obtaining a permit;
 8150         (b) The selection of high-priority projects for accelerated
 8151  permit review;
 8152         (c) The use of documented preapplication meetings following
 8153  standard procedures;
 8154         (d) The maintenance of an inventory of sites suitable for
 8155  high-priority projects;
 8156         (e) The development of a list of consultants who conduct
 8157  business in the county;
 8158         (f) The evaluation and elimination of duplicative approval
 8159  and permitting requirements within the county;
 8160         (g) The commitment to participate, through the entry of an
 8161  interlocal agreement for individual projects, in the expedited
 8162  permit process set forth in s. 403.973;
 8163         (h) The development of a timetable for processing
 8164  development permits and approvals; and
 8165         (i) The use of interagency coordination to facilitate
 8166  permit processing.
 8167         Section 266. Paragraph (a) of subsection (3) of section
 8168  288.1185, Florida Statutes, is amended to read:
 8169         288.1185 Recycling Markets Advisory Committee.—
 8170         (3)(a) The heads of the Department of Transportation, the
 8171  Department of Environmental Protection, the Department of
 8172  Management Services, the Department of Agriculture and Consumer
 8173  Services, the Florida Energy Office, the Chief Financial
 8174  Officer, and the Governor shall each designate a staff member
 8175  from within the agency to serve as the recycling market
 8176  development liaison for the agency. This person must shall have
 8177  knowledge of recycling and the issues and problems related to
 8178  recycling and recycled materials market development. This person
 8179  shall be the primary point of contact for the agency on issues
 8180  related to recycled materials market development. These liaisons
 8181  shall be available for committee meetings and shall work closely
 8182  with the committee and other recycling market development
 8183  liaisons to further the goals of the committee, as appropriate.
 8184         Section 267. Paragraph (d) of subsection (5) and subsection
 8185  (8) of section 288.15, Florida Statutes, are amended to read:
 8186         288.15 Powers of Division of Bond Finance.—There is hereby
 8187  granted to and vested in the Division of Bond Finance of the
 8188  State Board of Administration the power, right, franchise, and
 8189  authority:
 8190         (5) In order to carry out the objectives and purposes of
 8191  this chapter, the division is authorized to acquire, own,
 8192  construct, operate, maintain, improve, and extend public
 8193  buildings, facilities, or works within the state which are of
 8194  the character hereinafter specifically mentioned. All public
 8195  buildings, facilities, and works which the division is
 8196  authorized to own, construct, operate, and maintain must be such
 8197  as can ultimately be owned and operated by an agency,
 8198  department, board, bureau, or commission of the state. All or
 8199  any such buildings, facilities, or works may be of a revenue
 8200  producing character in order that the cost of the same or some
 8201  part of improvements or extensions thereto may be paid from
 8202  receipts therefrom, including in Tallahassee only rentals,
 8203  leases, and sales to both public and nonpublic agencies through
 8204  the issue and sales or disposition of revenue bonds, notes, or
 8205  certificates of the division. The buildings, facilities, and
 8206  works which the division is hereby authorized to acquire,
 8207  construct, operate, maintain, improve, and extend are:
 8208         (d) Public buildings, facilities, and additions or
 8209  improvements to existing buildings and facilities for ultimate
 8210  use in connection with any of the several state institutions,
 8211  departments, bureaus, boards, or commissions. For this use; and,
 8212  In furtherance of this paragraph, the Department of
 8213  Environmental Protection Management Services, the Board of
 8214  Governors of the State University System, and the State Board of
 8215  Education shall are authorized to cooperate with the Division of
 8216  Bond Finance and to do and perform all acts and things necessary
 8217  thereto. Any property acquired by the division of Bond Finance
 8218  under the provisions of this chapter may ultimately be conveyed
 8219  to the state free and clear of all debt or other encumbrance.
 8220         (8) The division shall is hereby authorized and directed to
 8221  proceed with the acquisition of land and buildings thereon now
 8222  needed or to be needed for use in whole or in part by any
 8223  agency, board, bureau, or commission of the state, such
 8224  acquisition to be within the area defined by the Department of
 8225  Environmental Protection Management Services for the long-range
 8226  development of the proposed Capitol Center. The division shall
 8227  also:; and
 8228         (a) To Construct, acquire, own, and operate buildings and
 8229  facilities thereon, such buildings and facilities to be financed
 8230  by the revenue they yield, through the issuance of revenue
 8231  certificates; and
 8232         (b) To Have specific authority in financing the
 8233  acquisition, construction, and operation of such buildings and
 8234  facilities, to utilize rentals to both public and nonpublic
 8235  agencies as well as any regularly appropriated state or other
 8236  public funds; however, no revenue from lands, buildings, or
 8237  facilities now owned by the state may not be pledged to finance
 8238  the acquisition of land, buildings, or facilities pursuant to
 8239  this section the provisions of this law, except for revenue from
 8240  land, buildings, or facilities purchased or acquired pursuant to
 8241  this section the provisions of this law.
 8242         Section 268. Section 288.17, Florida Statutes, is amended
 8243  to read:
 8244         288.17 Revenue certificates.—The Division of Bond Finance
 8245  of the State Board of Administration may is authorized to issue
 8246  interest-bearing revenue certificates for construction of all
 8247  state buildings approved by the Legislature in its appropriation
 8248  acts and requested by the Department of Environmental Protection
 8249  Management Services or by the Board of Governors of the State
 8250  University System.
 8251         Section 269. Subsections (1) and (3) of section 288.18,
 8252  Florida Statutes, are amended to read:
 8253         288.18 Planning, promoting, and supervising state building
 8254  projects.—
 8255         (1) The Department of Environmental Protection is
 8256  Management Services shall be responsible for promoting any state
 8257  building project financed as provided by law in any community
 8258  where a state building is needed.
 8259         (3) Any state agency required to occupy space by the
 8260  Department of Environmental Protection Management Services may
 8261  contract for such space and pledge such rentals as are provided
 8262  and appropriated by the Legislature for the purpose of financing
 8263  the retirement of revenue certificates for the lifetime of any
 8264  issue.
 8265         Section 270. Paragraph (d) of subsection (3) and
 8266  subsections (5) and (8) of section 288.703, Florida Statutes,
 8267  are amended to read:
 8268         288.703 Definitions.—As used in this act, the following
 8269  words and terms shall have the following meanings unless the
 8270  content shall indicate another meaning or intent:
 8271         (3) “Minority person” means a lawful, permanent resident of
 8272  Florida who is:
 8273         (d) A Native American, a person who has origins in any of
 8274  the Indian Tribes of North America prior to 1835, upon
 8275  presentation of proper documentation thereof as established by
 8276  rule of the Department of Financial Management Services.
 8277         (5) “Department” means the Department of Financial
 8278  Management Services.
 8279         (8)“Secretary” means the secretary of the Department of
 8280  Management Services.
 8281         Section 271. Subsections (2), (10), (11), and (12) of
 8282  section 288.706, Florida Statutes, are amended to read:
 8283         288.706 Florida Minority Business Loan Mobilization
 8284  Program.—
 8285         (2) The Florida Minority Business Loan Mobilization Program
 8286  is created to promote the development of minority business
 8287  enterprises, as defined in s. 288.703(2), increase the ability
 8288  of minority business enterprises to compete for state contracts,
 8289  and sustain the economic growth of minority business enterprises
 8290  in this state. The goal of the program is to assist minority
 8291  business enterprises by facilitating working capital loans to
 8292  minority business enterprises that are vendors on state agency
 8293  contracts. The department of Management Services shall
 8294  administer the program.
 8295         (10) The department of Management Services may adopt rules
 8296  to administer implement the provisions of this section.
 8297         (11) The department of Management Services shall maintain a
 8298  listing of financial institutions willing to participate in the
 8299  Florida Minority Business Loan Mobilization Program. This list
 8300  may of financial institutions shall not be exclusive. A minority
 8301  business enterprise vendor who has a working relationship with a
 8302  financial institution is encouraged to request that the
 8303  financial institution apply to participate as a financial
 8304  institution for the program.
 8305         (12) The department of Management Services shall
 8306  collaborate with the Florida Black Business Investment Board,
 8307  Inc., and the Office of Tourism, Trade, and Economic Development
 8308  to assist in the development and enhancement of black business
 8309  enterprises.
 8310         Section 272. Subsection (2) of section 288.708, Florida
 8311  Statutes, is amended to read:
 8312         288.708 President; employees.—
 8313         (2) An employee of the board may not receive compensation
 8314  for employment that exceeds the salary paid to the Governor,
 8315  unless the board and the employee have executed a contract that
 8316  prescribes specific and measurable performance outcomes for the
 8317  employee, the satisfaction of which provides the basis for the
 8318  award of incentive payments that increase the employee’s total
 8319  compensation to a level above the salary paid to the Governor.
 8320  The Executive Office of the Governor Department of Management
 8321  Services shall establish a lease-agreement program under which
 8322  an employee of the board, as of June 30, 2002, retains his or
 8323  her status as a state employee until the employee voluntarily or
 8324  involuntarily terminates his or her status with the board.
 8325  Status as a state employee includes shall include the right to
 8326  participate in the Florida Retirement System.
 8327         Section 273. Subsection (6) of section 288.7091, Florida
 8328  Statutes, is amended to read:
 8329         288.7091 Duties of the Florida Black Business Investment
 8330  Board, Inc.—The board shall:
 8331         (6) Collaborate with the Department of Transportation, the
 8332  Department of Financial Management Services, including the
 8333  Florida Minority Business Loan Mobilization Program, Workforce
 8334  Florida, Inc., and other state agencies and partners, the State
 8335  University System, including the Florida Agricultural and
 8336  Mechanical University’s Institute of Urban Policy and Commerce,
 8337  school boards, and local governments to create an a network of
 8338  information network and to identify available resources to
 8339  enhance the development and expansion of black business
 8340  enterprises.
 8341         Section 274. Paragraph (b) of subsection (5) of section
 8342  288.712, Florida Statutes, is amended to read:
 8343         288.712 Guarantor funds.—
 8344         (5) The board shall do all of the following to implement
 8345  the black contractors bonding program:
 8346         (b) Provide assistance to the Office of Supplier Diversity
 8347  within the Department of Financial Management Services, as
 8348  needed, to certify new black business enterprises and to train
 8349  appropriate department staff.
 8350         Section 275. Subsection (2) of section 288.901, Florida
 8351  Statutes, is amended to read:
 8352         288.901 Enterprise Florida, Inc.; creation; membership;
 8353  organization; meetings; disclosure.—
 8354         (2) Enterprise Florida, Inc., shall establish one or more
 8355  corporate offices, at least one of which shall be located in
 8356  Leon County. The Executive Office of the Governor Department of
 8357  Management Services may establish a lease agreement program
 8358  under which Enterprise Florida, Inc., may hire any individual
 8359  who, as of June 30, 1996, is employed by the Department of
 8360  Commerce or who, as of January 1, 1997, is employed by the
 8361  Executive Office of the Governor and has responsibilities
 8362  specifically in support of the Workforce Development Board
 8363  established under s. 445.004 288.9620. Under such agreement, the
 8364  employee shall retain his or her status as a state employee but
 8365  shall work under the direct supervision of Enterprise Florida,
 8366  Inc. Retention of state employee status includes shall include
 8367  the right to participate in the Florida Retirement System. The
 8368  office Department of Management Services shall establish the
 8369  terms and conditions of such lease agreements.
 8370         Section 276. Paragraph (a) of subsection (3), paragraphs
 8371  (d) and (e) of subsection (5), paragraph (a) of subsection (6),
 8372  and subsections (7) and (9) of section 295.187, Florida
 8373  Statutes, are amended to read:
 8374         295.187 Florida Service-Disabled Veteran Business
 8375  Enterprise Opportunity Act.—
 8376         (3) DEFINITIONS.—For the purpose of this section, the term:
 8377         (a) “Certified service-disabled veteran business
 8378  enterprise” means a business that has been certified by the
 8379  Department of Financial Management Services to be a service
 8380  disabled veteran business enterprise as defined in paragraph
 8381  (c).
 8382         (5) CERTIFICATION PROCEDURE.—
 8383         (d) A certified service-disabled veteran business
 8384  enterprise must notify the Department of Financial Management
 8385  Services within 30 business days after any event that may
 8386  significantly affect the certification of the business,
 8387  including, but not limited to, a change in ownership or change
 8388  in management and daily business operations.
 8389         (e) The certification of a service-disabled veteran
 8390  business enterprise shall be revoked for 12 months if the
 8391  Department of Financial Management Services determines that the
 8392  business enterprise violated paragraph (d). An owner of a
 8393  certified service-disabled veteran business enterprise whose
 8394  certification is revoked may is not permitted to reapply for
 8395  certification under this section as an owner of any business
 8396  enterprise during the 12-month revocation period.
 8397         1. During the 12-month revocation period, a service
 8398  disabled veteran business enterprise whose certification has
 8399  been revoked may bid on state contracts but is not eligible for
 8400  any preference available under this section.
 8401         2. A service-disabled veteran business enterprise whose
 8402  certification has been revoked may apply for certification at
 8403  the conclusion of the 12-month revocation period by complying
 8404  with requirements applicable to initial certifications.
 8405         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
 8406  department shall:
 8407         (a) Assist the Department of Financial Management Services
 8408  in establishing a certification procedure, which shall be
 8409  reviewed biennially and updated as necessary.
 8410         (7) DUTIES OF THE DEPARTMENT OF FINANCIAL MANAGEMENT
 8411  SERVICES.—The department shall:
 8412         (a) With assistance from the Department of Veterans’
 8413  Affairs, establish a certification procedure, which shall be
 8414  reviewed biennially and updated as necessary.
 8415         (b) Grant, deny, or revoke the certification of a service
 8416  disabled veteran business enterprise under this section.
 8417         (c) Maintain an electronic directory of certified service
 8418  disabled veteran business enterprises for use by the state,
 8419  political subdivisions of the state, and the public.
 8420         (9) RULES.—The Department of Veterans’ Affairs and the
 8421  Department of Financial Management Services, as appropriate, may
 8422  adopt rules as necessary to administer this section.
 8423         Section 277. Subsection (17) of section 318.18, Florida
 8424  Statutes, is amended to read:
 8425         318.18 Amount of penalties.—The penalties required for a
 8426  noncriminal disposition pursuant to s. 318.14 or a criminal
 8427  offense listed in s. 318.17 are as follows:
 8428         (17) In addition to any penalties imposed, a surcharge of
 8429  $3 must be paid for all criminal offenses listed in s. 318.17
 8430  and for all noncriminal moving traffic violations under chapter
 8431  316. Revenue from the surcharge shall be remitted to the
 8432  Department of Revenue and deposited quarterly into the State
 8433  Agency Law Enforcement Radio System Trust Fund of the Department
 8434  of Law Enforcement Management Services for the state agency law
 8435  enforcement radio system, as described in s. 282.709, and to
 8436  provide technical assistance to state agencies and local law
 8437  enforcement agencies with their statewide systems of regional
 8438  law enforcement communications, as described in s. 282.710. This
 8439  subsection expires July 1, 2012. The Department of Law
 8440  Enforcement Management Services may retain funds sufficient to
 8441  recover the costs and expenses incurred for managing,
 8442  administering, and overseeing the Statewide Law Enforcement
 8443  Radio System, and providing technical assistance to state
 8444  agencies and local law enforcement agencies with their statewide
 8445  systems of regional law enforcement communications. The
 8446  Department of Law Enforcement Management Services working in
 8447  conjunction with the Joint Task Force on State Agency Law
 8448  Enforcement Communications shall determine and direct the
 8449  purposes for which these funds are used to enhance and improve
 8450  the radio system.
 8451         Section 278. Subsection (9) of section 318.21, Florida
 8452  Statutes, is amended to read:
 8453         318.21 Disposition of civil penalties by county courts.—All
 8454  civil penalties received by a county court pursuant to the
 8455  provisions of this chapter shall be distributed and paid monthly
 8456  as follows:
 8457         (9) Twelve dollars and fifty cents from each moving traffic
 8458  violation must be used by the county to fund that county’s
 8459  participation in an intergovernmental radio communication
 8460  program approved by the Department of Law Enforcement Management
 8461  Services. If the county is not participating in such a program,
 8462  funds collected must be used to fund local law enforcement
 8463  automation and must be distributed to the municipality or
 8464  special improvement district in which the violation occurred or
 8465  to the county if the violation occurred within the
 8466  unincorporated area of the county.
 8467         Section 279. Section 320.0802, Florida Statutes, is amended
 8468  to read:
 8469         320.0802 Surcharge on license tax.—A $1 surcharge There is
 8470  hereby levied and imposed on each license tax imposed under s.
 8471  320.08, except those set forth in s. 320.08(11), a surcharge in
 8472  the amount of $1, which shall be collected in the same manner as
 8473  the license tax and deposited into the State Agency Law
 8474  Enforcement Radio System Trust Fund of the Department of Law
 8475  Enforcement Management Services.
 8476         Section 280. Subsection (7) of section 320.08056, Florida
 8477  Statutes, is amended to read:
 8478         320.08056 Specialty license plates.—
 8479         (7) The department shall annually retain from the first
 8480  proceeds derived from the annual use fees collected an amount
 8481  sufficient to defray each specialty plate’s pro rata share of
 8482  the department’s costs directly related to the specialty license
 8483  plate program. Such costs must shall include inventory costs,
 8484  distribution costs, direct costs to the department, costs
 8485  associated with reviewing each organization’s compliance with
 8486  audit and attestation requirements of s. 320.08062, and any
 8487  applicable increased costs of manufacturing the specialty
 8488  license plate. Any cost increase to the department related to
 8489  actual cost of the plate, including a reasonable vendor profit,
 8490  shall be verified by the Department of Financial Management
 8491  Services. The balance of the proceeds from the annual use fees
 8492  collected for that specialty license plate shall be distributed
 8493  as provided by law.
 8494         Section 281. Subsection (1) of section 321.04, Florida
 8495  Statutes, is amended to read:
 8496         321.04 Personnel of the highway patrol; rank
 8497  classifications; probationary status of new patrol officers;
 8498  subsistence; special assignments.—
 8499         (1) The Department of Highway Safety and Motor Vehicles
 8500  shall employ patrol officers, as authorized by the Legislature
 8501  in appropriating funds for their salaries exclusive of those
 8502  members of the patrol who are assigned to and paid by special
 8503  departments; and shall establish the necessary supervisory ranks
 8504  within the Florida Highway Patrol to efficiently supervise and
 8505  carry out the designated functions of the patrol and the
 8506  department in accordance with rules the regulations established
 8507  by the Department of Personnel Management Services.
 8508         Section 282. Subsection (9) of section 328.72, Florida
 8509  Statutes, is amended to read:
 8510         328.72 Classification; registration; fees and charges;
 8511  surcharge; disposition of fees; fines; marine turtle stickers.—
 8512         (9) SURCHARGE.—In addition, there is hereby levied and
 8513  imposed on each vessel registration fee imposed under subsection
 8514  (1) a surcharge in the amount of $1 for each 12-month period of
 8515  registration, which shall be collected in the same manner as the
 8516  fee and deposited into the State Agency Law Enforcement Radio
 8517  System Trust Fund of the Department of Law Enforcement
 8518  Management Services.
 8519         Section 283. Subsections (1) and (2) of section 337.02,
 8520  Florida Statutes, are amended to read:
 8521         337.02 Purchases by department subject to competitive bids;
 8522  advertisement; emergency purchases; bid specifications.—
 8523         (1) Except as provided herein, purchase by the Department
 8524  of Transportation of commodities, including the advertising and
 8525  awarding of competitive bids, are shall be governed by chapters
 8526  283 and 287 and rules adopted by the Department of Financial
 8527  Management Services pursuant thereto. However, the provisions of
 8528  s. 287.057 notwithstanding, the department may purchase parts
 8529  and repairs valued at up to the threshold amount provided in s.
 8530  287.017 for CATEGORY TWO for the repair of mobile road
 8531  maintenance equipment, marine vessels, permanent vehicle scales,
 8532  and mechanical and electrical equipment for movable bridges,
 8533  toll facilities including the Florida Turnpike, and up to the
 8534  threshold amount provided in s. 287.017 for CATEGORY THREE for
 8535  treatment plants and lift stations for water and sewage, and
 8536  major heating and cooling systems without receiving competitive
 8537  bids.
 8538         (2) If the department determines that an emergency exists
 8539  in regard to the purchase of materials, machinery, tools,
 8540  equipment, or supplies, so that the delay incident to giving
 8541  opportunity for competitive bidding is would be detrimental to
 8542  the interests of the state, the provisions for competitive
 8543  bidding do not apply; and the department may authorize or
 8544  purchase such materials, machinery, tools, equipment, or
 8545  supplies without giving opportunity for competitive bidding
 8546  thereon. The department shall, within 10 days after such
 8547  determination and purchase, file with the Chief Financial
 8548  Officer head of the Department of Management Services a written
 8549  statement of the materials, machinery, tools, equipment, or
 8550  supplies purchased and a certificate as to the conditions and
 8551  circumstances constituting such emergency.
 8552         Section 284. Section 337.023, Florida Statutes, is amended
 8553  to read:
 8554         337.023 Sale of building; acceptance of replacement
 8555  building.—Notwithstanding the provisions of s. 216.292(2)(b)2.,
 8556  if the department sells a building, the department may accept
 8557  the construction of a replacement building, in response to a
 8558  request for proposals, totally or partially in lieu of cash, and
 8559  may do so without a specific legislative appropriation. Such
 8560  action is subject to the approval of the Executive Office of the
 8561  Governor, and is subject to the notice, review, and objection
 8562  procedures under s. 216.177. The replacement building shall be
 8563  consistent with the current and projected needs of the
 8564  department as agreed upon by the department and the Department
 8565  of Environmental Protection Management Services.
 8566         Section 285. Paragraph (d) of subsection (2) of section
 8567  337.165, Florida Statutes, is amended to read:
 8568         337.165 Contract crime; denial or revocation of a
 8569  certificate of qualification.—
 8570         (2)
 8571         (d) A contractor or affiliate whose certificate has been
 8572  denied or revoked may, at any time after denial or revocation,
 8573  petition for and be granted a hearing to determine his or her
 8574  eligibility for reapplication or reinstatement upon such terms
 8575  and conditions as may be prescribed upon finding that
 8576  reapplication or reinstatement is in the public interest. The
 8577  petition shall be filed with the department. Any hearing
 8578  conducted by the department must shall be conducted within 30
 8579  days after receipt of the petition, unless otherwise stipulated
 8580  by the parties. If the contractor or affiliate requests in the
 8581  his or her petition that the hearing be conducted by the
 8582  Division of Administrative Hearings of the Department of
 8583  Management Services, the department shall, within 5 days after
 8584  receipt of the petition, notify the division of the request. The
 8585  director of the Division of Administrative Hearings shall,
 8586  within 5 days after receipt of the notice by the department,
 8587  assign an administrative law judge, who shall conduct the
 8588  hearing within 30 days thereafter, unless otherwise stipulated
 8589  by the parties. The department shall be a party in interest in
 8590  any hearing conducted by the division of Administrative
 8591  Hearings. In determining whether reapplication or reinstatement
 8592  would be in the public interest, the department or division
 8593  administrative law judge shall give consideration to any
 8594  relevant mitigating circumstances, which may include, but are
 8595  not limited to, the following:
 8596         1. The degree of culpability;
 8597         2. Prompt and voluntary payment of damages to the state as
 8598  a result of the contractor’s violation of state or federal
 8599  antitrust laws;
 8600         3. Cooperation with any state or federal prosecution or
 8601  investigation of a contract crime;
 8602         4. Disassociation with those involved in a contract crime;
 8603         5. Reinstatement in other state or federal jurisdictions;
 8604  and
 8605         6. The needs of the department in completing its programs
 8606  in a timely, cost-effective manner.
 8607  
 8608  The department or division administrative law judge shall also
 8609  consider the failure of the contractor or affiliate to comply
 8610  with the notification provisions of subsection (5). Any hearing
 8611  requested under this paragraph must shall be conducted and
 8612  concluded without undue delay. The administrative law judge
 8613  shall, within 30 days after the hearing, complete and submit a
 8614  final order to the department, which order may not be altered or
 8615  amended by the department. If eligibility for reapplication or
 8616  reinstatement is denied, the contractor or affiliate may not
 8617  petition for a subsequent hearing for a period of 9 months
 8618  following the date of the order of denial or revocation.
 8619  However, a hearing before prior to the expiration of such period
 8620  may be authorized by the department if, in its discretion, it
 8621  determines that a hearing is in the public interest.
 8622         Section 286. Subsection (2) of section 338.2216, Florida
 8623  Statutes, is amended to read:
 8624         338.2216 Florida Turnpike Enterprise; powers and
 8625  authority.—
 8626         (2) The department may shall have the authority to employ
 8627  procurement methods available to the Department of Financial
 8628  Management Services and the Department of Environmental
 8629  Protection under chapters 255 and 287 and under any rule adopted
 8630  under such chapters solely for the benefit of the turnpike
 8631  enterprise.
 8632         Section 287. Subsection (4) of section 338.227, Florida
 8633  Statutes, is amended to read:
 8634         338.227 Turnpike revenue bonds.—
 8635         (4) The Department of Transportation and the Department of
 8636  Financial Management Services shall create and implement an
 8637  outreach program designed to enhance the participation of
 8638  minority persons and minority business enterprises in all
 8639  contracts entered into by their respective departments for
 8640  services related to the financing of department projects for the
 8641  Florida Intrastate Highway System Plan. These services must
 8642  shall include, but are not be limited to, bond counsel and bond
 8643  underwriters.
 8644         Section 288. Subsection (3) of section 350.0614, Florida
 8645  Statutes, is amended to read:
 8646         350.0614 Public Counsel; compensation and expenses.—
 8647         (3) Neither the Executive Office of the Governor nor the
 8648  Department of Personnel Management Services or its successor may
 8649  shall have power to determine the number, or fix the
 8650  compensation, of the employees of the Public Counsel or to
 8651  exercise any manner of control over them.
 8652         Section 289. Section 350.125, Florida Statutes, is amended
 8653  to read:
 8654         350.125 Administrative law judges.—Notwithstanding any
 8655  other provision of law to the contrary notwithstanding, the
 8656  commission shall use utilize administrative law judges of the
 8657  Division of Administrative Hearings of the Department of
 8658  Management Services to conduct hearings of the commission not
 8659  assigned to members of the commission.
 8660         Section 290. Subsection (2) of section 364.0135, Florida
 8661  Statutes, is amended to read:
 8662         364.0135 Promotion of broadband deployment.—
 8663         (2) The Agency for Enterprise Information Technology shall
 8664  Department of Management Services is authorized to work
 8665  collaboratively with, and to receive staffing support and other
 8666  resources from, Enterprise Florida, Inc., state agencies, local
 8667  governments, private businesses, and community organizations to:
 8668         (a) Conduct a needs assessment of broadband Internet
 8669  service in collaboration with communications service providers,
 8670  including, but not limited to, wireless and wireline Internet
 8671  service providers, to develop geographical information system
 8672  maps at the census tract level that will:
 8673         1. Identify geographic gaps in broadband services,
 8674  including areas unserved by any broadband provider and areas
 8675  served by a single broadband provider;
 8676         2. Identify the download and upload transmission speeds
 8677  made available to businesses and individuals in the state, at
 8678  the census tract level of detail, using data rate benchmarks for
 8679  broadband service used by the Federal Communications Commission
 8680  to reflect different speed tiers; and
 8681         3. Provide a baseline assessment of statewide broadband
 8682  deployment in terms of percentage of households with broadband
 8683  availability.
 8684         (b) Create a strategic plan that has goals and strategies
 8685  for increasing the use of broadband Internet service in the
 8686  state.
 8687         (c) Build and facilitate local technology planning teams or
 8688  partnerships with members representing cross-sections of the
 8689  community, which may include, but are not limited to,
 8690  representatives from the following organizations and industries:
 8691  libraries, K-12 education, colleges and universities, local
 8692  health care providers, private businesses, community
 8693  organizations, economic development organizations, local
 8694  governments, tourism, parks and recreation, and agriculture.
 8695         (d) Encourage the use of broadband Internet service,
 8696  especially in the rural, unserved, and underserved communities
 8697  of the state through grant programs having effective strategies
 8698  to facilitate the statewide deployment of broadband Internet
 8699  service. For any grants to be awarded, priority must be given to
 8700  projects that:
 8701         1. Provide access to broadband education, awareness,
 8702  training, access, equipment, and support to libraries, schools,
 8703  colleges and universities, health care providers, and community
 8704  support organizations.
 8705         2. Encourage investments in primarily unserved areas to
 8706  give consumers a choice of more than one broadband Internet
 8707  service provider.
 8708         3. Work toward establishing affordable and sustainable
 8709  broadband Internet service in unserved areas of the state.
 8710         4. Facilitate the development of applications, programs,
 8711  and services, including, but not limited to, telework,
 8712  telemedicine, and e-learning to increase the usage of, and
 8713  demand for, broadband Internet service in the state.
 8714         Section 291. Subsections (2), (3), (4), (5), (6), and (9)
 8715  of section 364.515, Florida Statutes, are amended to read:
 8716         364.515 Infrastructure investment.—
 8717         (2) In order to be eligible under this act, an eligible
 8718  facility, or a group of eligible facilities based on geographic
 8719  proximity, shall submit a technology-needs request to the Agency
 8720  for Enterprise Information Technology Department of Management
 8721  Services. The agency department shall review the technology
 8722  needs request to determine if it conforms to the standards
 8723  outlined in the State Education Technology Committee’s plan. If
 8724  the technology-needs request does not conform to the plan, then
 8725  the agency department shall return the request to the eligible
 8726  facility or group for modifications. After modification of a
 8727  technology-needs request it can then be resubmitted by the
 8728  eligible facility or a group of eligible facilities. A
 8729  technology-needs request shall be submitted to the agency by
 8730  department no later than July 1, 1997. Nothing in this section
 8731  shall prevent The agency may group Department of Management
 8732  Services from grouping eligible facilities technology requests
 8733  if when such grouping would result in the most efficient method
 8734  to deliver advanced telecommunications services.
 8735         (3) Once a technology-needs request or group request has
 8736  been received and has been determined to meet the standards
 8737  outlined in the plan, the Agency for Enterprise Information
 8738  Technology Department of Management Services shall acquire
 8739  advanced telecommunications services requested by an eligible
 8740  facility or group of eligible facilities pursuant to chapter
 8741  287. The agency Department of Management Services shall
 8742  establish specifications to acquire the advanced
 8743  telecommunications infrastructure needed to provide advanced
 8744  telecommunications services. The advanced telecommunications
 8745  infrastructure used to provide such connections to the eligible
 8746  facilities shall be provided at no cost in an amount not to
 8747  exceed $20,000 per eligible facility. If In those instances in
 8748  which a competitive bid is not received, advanced
 8749  telecommunications services to be provided over this
 8750  communication infrastructure must shall be priced below
 8751  commercially available rates for comparable service and less
 8752  than the statewide average of such services.
 8753         (4) Notwithstanding the requirements in subsection (3), in
 8754  geographic areas where interconnection between entities is the
 8755  most efficient method of providing advanced telecommunications
 8756  services, the Agency for Enterprise Information Technology
 8757  Department of Management Services may suggest, along with the
 8758  commission, such interconnection arrangements.
 8759         (5) Any entity may submit a bid or proposal in response to
 8760  the solicitation for services by the Agency for Enterprise
 8761  Information Technology Department of Management Services. The
 8762  agency Department of Management Services shall award a bid in
 8763  conformity with chapter 287, and may not require under no
 8764  circumstances shall the bidder be required to install facilities
 8765  until the eligible facility is ready to use utilize the
 8766  services. If no bids or proposals are received in response to a
 8767  solicitation issued by the Department of Management Services,
 8768  the agency Department of Management Services shall obtain the
 8769  name and address from the commission of the carrier of last
 8770  resort in the territory of the eligible facility and provide
 8771  that carrier of last resort with a description of the advanced
 8772  telecommunications services that must be provided. If no bids or
 8773  proposals are submitted for the provision of advanced
 8774  telecommunications services to an eligible facility, the
 8775  telecommunications company serving as the carrier of last resort
 8776  to such eligible facility shall provide the advanced
 8777  telecommunications services.
 8778         (6) Advanced telecommunications services to be provided by
 8779  the entity awarded the contract or, if no bid or proposal is
 8780  received, the carrier of last resort must shall be provided
 8781  within 6 months or at such later date as the eligible facility
 8782  may specify. If In the event that a technology-needs request is
 8783  received by July 1, 1997, but is requested not to be completed
 8784  until after January 1, 1999, the Agency for Enterprise
 8785  Information Technology Department of Management Services shall
 8786  then issue a solicitation closer to the time the advanced
 8787  telecommunications services are requested. The entities
 8788  providing advanced telecommunications services pursuant to this
 8789  chapter shall abide by the same terms and conditions as those
 8790  eligible facilities requesting such services by January 1, 1999.
 8791         (9) Nothing in This part does not shall preclude the Agency
 8792  for Enterprise Information Technology Department of Management
 8793  Services from combining an eligible facility with any grouping
 8794  of qualified subscribers as defined in chapter 282, to create
 8795  the most cost-effective and efficient access to network
 8796  services.
 8797         Section 292. Section 364.516, Florida Statutes, is amended
 8798  to read:
 8799         364.516 Penalties.—If In the event that the provision of
 8800  advanced telecommunications services to a requesting eligible
 8801  facility pursuant to s. 364.515(5) or (6) is not performed by
 8802  the entity awarded the contract or by a carrier of last resort
 8803  or within the date specified in the solicitation, except in
 8804  those instances in which acts of God may have prevented the
 8805  bidder from completing the contract, the eligible facility or
 8806  the Agency for Enterprise Information Technology Department of
 8807  Management Services may petition the commission for an order
 8808  enforcing the requirements. The commission shall act upon such
 8809  petition within 60 days and, if in the event the commission
 8810  finds that the entity that has been awarded the contract or the
 8811  carrier of last resort has not performed as specified in this
 8812  part, the commission shall order the entities to perform as
 8813  required in the contract or by this part. If In the event the
 8814  entity fails to comply with the commission’s order within 60
 8815  days, the commission shall impose a fine on the bidding company
 8816  or carrier of last resort of $25,000 per eligible facility
 8817  specified in the contract. Any fines collected under this
 8818  section shall be deposited in the General Revenue Fund to be
 8819  allocated back to the specific requesting area where the
 8820  eligible facility is located to implement advanced
 8821  telecommunications services.
 8822         Section 293. Paragraph (a) of subsection (3) of section
 8823  365.171, Florida Statutes, is amended to read:
 8824         365.171 Emergency communications number E911 state plan.—
 8825         (3) DEFINITIONS.—As used in this section, the term:
 8826         (a) “Office” means the Technology Program within the
 8827  Department of Law Enforcement Management Services, as designated
 8828  by the department’s executive director secretary of the
 8829  department.
 8830         Section 294. Paragraph (t) of subsection (3), paragraph (a)
 8831  of subsection (6), paragraph (c) of subsection (7), and
 8832  paragraph (f) of subsection (12) of section 365.172, Florida
 8833  Statutes, are amended to read:
 8834         365.172 Emergency communications number “E911.”—
 8835         (3) DEFINITIONS.—Only as used in this section and ss.
 8836  365.171, 365.173, and 365.174, the term:
 8837         (t) “Office” means the Technology Program within the
 8838  Department of Law Enforcement Management Services, as designated
 8839  by the department’s executive director secretary of the
 8840  department.
 8841         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 8842         (a) The board shall:
 8843         1. Administer the E911 fee.
 8844         2. Implement, maintain, and oversee the fund.
 8845         3. Review and oversee the disbursement of the revenues
 8846  deposited into the fund as provided in s. 365.173.
 8847         a. The board may establish a schedule for implementing
 8848  wireless E911 service by service area, and prioritize
 8849  disbursements of revenues from the fund to providers and rural
 8850  counties as provided in s. 365.173(2)(d) and (g) pursuant to the
 8851  schedule, in order to implement E911 services in the most
 8852  efficient and cost-effective manner.
 8853         b. Revenues in the fund which have not been disbursed
 8854  because sworn invoices as required by s. 365.173(2)(d) have not
 8855  been submitted to the board may be used by the board as needed
 8856  to provide grants to counties for the purpose of upgrading E911
 8857  systems. The counties must use the funds only for capital
 8858  expenditures directly attributable to establishing and
 8859  provisioning E911 services, which may include next-generation
 8860  deployment. Before distributing the Prior to the distribution of
 8861  grants, the board shall provide 90 days’ written notice to all
 8862  counties and publish electronically an approved application
 8863  process electronically. County grant applications shall be
 8864  prioritized based on the availability of funds, current system
 8865  life expectancy, system replacement needs, and Phase II
 8866  compliance per the Federal Communications Commission. No grants
 8867  will be available to any county for next-generation deployment
 8868  until all counties are Phase II complete. The board shall take
 8869  all actions within its authority to ensure that county
 8870  recipients of such grants use these funds only for the purpose
 8871  under which they have been provided and may take any actions
 8872  within its authority to secure county repayment of grant
 8873  revenues upon determination that the funds were not used for the
 8874  purpose for under which they were provided.
 8875         c. The board shall reimburse all costs of a wireless
 8876  provider in accordance with s. 365.173(2)(d) before taking any
 8877  action to transfer additional funds.
 8878         d. By September 1, 2007, the board shall authorize the
 8879  transfer of up to $15 million to the counties from existing
 8880  money within the fund established under s. 365.173(1). The money
 8881  shall be disbursed equitably to all of the counties using a
 8882  timeframe and distribution methodology established by the board
 8883  before September 1, 2007, in order to prevent a loss to the
 8884  counties in the ordinary and expected time value of money caused
 8885  by any timing delay in remittance to the counties of wireline
 8886  fees caused by the one-time transfer of collecting wireline fees
 8887  by the counties to the board. All disbursements for this purpose
 8888  must be returned to the fund from future remittances by the
 8889  nonwireless category.
 8890         e. After taking the action required in sub-subparagraphs
 8891  a.-d., the board may review and, with all members participating
 8892  in the vote, adjust the percentage allocations or adjust the
 8893  amount of the fee, or both, under paragraph (8)(h), and, if the
 8894  board determines that the revenues in the wireless category
 8895  exceed the amount needed to reimburse wireless providers for the
 8896  cost to implement E911 services, the board may transfer revenue
 8897  to the counties from the existing funds within the wireless
 8898  category. The board shall disburse the funds equitably to all
 8899  counties using a timeframe and distribution methodology
 8900  established by the board.
 8901         4. Review documentation submitted by wireless providers
 8902  which reflects current and projected funds derived from the fee,
 8903  and the expenses incurred and expected to be incurred in order
 8904  to comply with the E911 service requirements contained in the
 8905  order for the purposes of:
 8906         a. Ensuring that wireless providers receive fair and
 8907  equitable distributions of funds from the fund.
 8908         b. Ensuring that wireless providers are not provided
 8909  disbursements from the fund which exceed the costs of providing
 8910  E911 service, including the costs of complying with the order.
 8911         c. Ascertaining the projected costs of compliance with the
 8912  requirements of the order and projected collections of the fee.
 8913         d. Implementing changes to the allocation percentages or
 8914  adjusting the fee under paragraph (8)(i).
 8915         5. Meet monthly in the most efficient and cost-effective
 8916  manner, including telephonically if when practical, for the
 8917  business to be conducted, to review and approve or reject, in
 8918  whole or in part, applications submitted by wireless providers
 8919  for recovery of moneys deposited into the wireless category, and
 8920  to authorize the transfer of, and distribute, the fee allocation
 8921  to the counties.
 8922         6. Hire and retain employees, which may include an
 8923  independent executive director who must shall possess experience
 8924  in the area of telecommunications and emergency 911 issues, for
 8925  the purposes of performing the technical and administrative
 8926  functions for the board.
 8927         7. Make and enter into contracts, pursuant to chapter 287,
 8928  and execute other instruments necessary or convenient for the
 8929  exercise of the powers and functions of the board.
 8930         8. Sue and be sued, and appear and defend in all actions
 8931  and proceedings, in its corporate name to the same extent as a
 8932  natural person.
 8933         9. Adopt, use, and alter a common corporate seal.
 8934         10. Elect or appoint the officers and agents that are
 8935  required by the affairs of the board.
 8936         11. The board may adopt rules under ss. 120.536(1) and
 8937  120.54 to implement this section and ss. 365.173 and 365.174.
 8938         12. Provide coordination, support, and technical assistance
 8939  to counties to promote the deployment of advanced 911 and E911
 8940  systems in the state.
 8941         13. Provide coordination and support for educational
 8942  opportunities related to E911 issues for the E911 community in
 8943  this state.
 8944         14. Act as an advocate for issues related to E911 system
 8945  functions, features, and operations to improve the delivery of
 8946  E911 services to the residents of and visitors to this state.
 8947         15. Coordinate input from this state at national forums and
 8948  associations, to ensure that policies related to E911 systems
 8949  and services are consistent with the policies of the E911
 8950  community in this state.
 8951         16. Work cooperatively with the system director established
 8952  in s. 365.171(5) to enhance the state of E911 services in this
 8953  state and to provide unified leadership for all E911 issues
 8954  through planning and coordination.
 8955         17. Do all acts and things necessary or convenient to carry
 8956  out the powers granted in this section in a manner that is
 8957  competitively and technologically neutral as to all voice
 8958  communications services providers, including, but not limited
 8959  to, consideration of emerging technology and related cost
 8960  savings, while taking into account embedded costs in current
 8961  systems.
 8962         18. Have the authority to secure the services of an
 8963  independent, private attorney via invitation to bid, request for
 8964  proposals, invitation to negotiate, or professional contracts
 8965  for legal services already established at the Division of
 8966  Purchasing of the Department of Financial Management Services.
 8967         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
 8968         (c) After July 1, 2004, The board may secure the services
 8969  of an independent accounting firm via invitation to bid, request
 8970  for proposals, invitation to negotiate, or professional
 8971  contracts already established at the Division of Purchasing,
 8972  Department of Financial Management Services, for certified
 8973  public accounting firms, or the board may hire and retain
 8974  professional accounting staff to accomplish these functions.
 8975         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 8976  the public need for reliable E911 services through reliable
 8977  wireless systems and the public interest served by governmental
 8978  zoning and land development regulations and notwithstanding any
 8979  other law or local ordinance to the contrary, the following
 8980  standards shall apply to a local government’s actions, as a
 8981  regulatory body, in the regulation of the placement,
 8982  construction, or modification of a wireless communications
 8983  facility. This subsection shall not, however, be construed to
 8984  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 8985  the purposes of this subsection only, “local government” shall
 8986  mean any municipality or county and any agency of a municipality
 8987  or county only. The term “local government” does not, however,
 8988  include any airport, as defined by s. 330.27(2), even if it is
 8989  owned or controlled by or through a municipality, county, or
 8990  agency of a municipality or county. Further, notwithstanding
 8991  anything in this section to the contrary, this subsection does
 8992  not apply to or control a local government’s actions as a
 8993  property or structure owner in the use of any property or
 8994  structure owned by such entity for the placement, construction,
 8995  or modification of wireless communications facilities. In the
 8996  use of property or structures owned by the local government,
 8997  however, a local government may not use its regulatory authority
 8998  so as to avoid compliance with, or in a manner that does not
 8999  advance, the provisions of this subsection.
 9000         (f) Notwithstanding any other law to the contrary
 9001  notwithstanding, the Department of Law Enforcement Management
 9002  Services shall negotiate, in the name of the state, leases for
 9003  wireless communications facilities that provide access to state
 9004  government-owned property not acquired for transportation
 9005  purposes, and the Department of Transportation shall negotiate,
 9006  in the name of the state, leases for wireless communications
 9007  facilities that provide access to property acquired for state
 9008  rights-of-way. On property acquired for transportation purposes,
 9009  leases shall be granted in accordance with s. 337.251. On other
 9010  state government-owned property, leases shall be granted on a
 9011  space available, first-come, first-served basis. Payments
 9012  required by state government under a lease must be reasonable
 9013  and must reflect the market rate for the use of the state
 9014  government-owned property. The Department of Law Enforcement
 9015  Management Services and the Department of Transportation may are
 9016  authorized to adopt rules for the terms and conditions and
 9017  granting of any such leases.
 9018         Section 295. Subsection (1) of section 365.173, Florida
 9019  Statutes, is amended to read:
 9020         365.173 Emergency Communications Number E911 System Fund.—
 9021         (1) All revenues derived from the fee levied on subscribers
 9022  under s. 365.172 must be paid by the board into the State
 9023  Treasury on or before the 15th day of each month. Such moneys
 9024  must be accounted for in a special fund to be designated as the
 9025  Emergency Communications Number E911 System Fund, a fund created
 9026  in the Technology Program within the Department of Law
 9027  Enforcement, or other office as designated by the department’s
 9028  executive director Secretary of Management Services, and, for
 9029  accounting purposes, must be segregated into two separate
 9030  categories:
 9031         (a) the wireless category; and
 9032         (b) the nonwireless category. All moneys must be invested
 9033  by the Chief Financial Officer pursuant to s. 17.61. All moneys
 9034  in such fund are to be expended by the office for the purposes
 9035  provided in this section and s. 365.172. These funds are not
 9036  subject to s. 215.20.
 9037         Section 296. Section 373.4596, Florida Statutes, is amended
 9038  to read:
 9039         373.4596 State compliance with stormwater management
 9040  programs.—The state, through the department of Management
 9041  Services, the Department of Transportation, and other agencies,
 9042  shall construct, operate, and maintain buildings, roads, and
 9043  other facilities it owns, leases, or manages to fully comply
 9044  with state, water management district, and local government
 9045  stormwater management programs.
 9046         Section 297. Paragraph (f) of subsection (5) of section
 9047  373.461, Florida Statutes, is amended to read:
 9048         373.461 Lake Apopka improvement and management.—
 9049         (5) PURCHASE OF AGRICULTURAL LANDS.—
 9050         (f)1. Tangible personal property acquired by the district
 9051  as part of related facilities pursuant to this section, and
 9052  classified as surplus by the district, shall be sold by the
 9053  Department of Financial Management Services. The department of
 9054  Management Services shall deposit the proceeds of such sale in
 9055  the Economic Development Trust Fund in the Executive Office of
 9056  the Governor. The proceeds shall be used to provide for the
 9057  purpose of providing economic and infrastructure development in
 9058  portions of northwestern Orange County and east central Lake
 9059  County which will be adversely affected economically due to the
 9060  acquisition of lands pursuant to this subsection.
 9061         2. The Office of Tourism, Trade, and Economic Development
 9062  shall, upon presentation of the appropriate documentation
 9063  justifying expenditure of the funds deposited pursuant to this
 9064  paragraph, pay any obligation for which it has sufficient funds
 9065  from the proceeds of the sale of tangible personal property and
 9066  which meets the limitations specified in paragraph (g). The
 9067  authority of the office of Tourism, Trade, and Economic
 9068  Development to expend such funds shall expire 5 years after from
 9069  the effective date of this paragraph. Such expenditures may
 9070  occur without future appropriation from the Legislature.
 9071         3. Funds deposited under this paragraph may not be used for
 9072  any purpose other than those enumerated in paragraph (g).
 9073         Section 298. Section 376.10, Florida Statutes, is amended
 9074  to read:
 9075         376.10 Personnel and equipment.—The department shall
 9076  establish and maintain at such ports within the state and other
 9077  places as it shall determine such employees and equipment as in
 9078  its judgment may be necessary to carry out the provisions of ss.
 9079  376.011-376.21. The department may employ and prescribe the
 9080  duties of such employees, subject to the rules and regulations
 9081  of the Department of Personnel Management Services. The salaries
 9082  of the employees and the cost of the equipment shall be paid
 9083  from the Florida Coastal Protection Trust Fund established by
 9084  ss. 376.011-376.21. The department shall periodically consult
 9085  with other agencies departments of the state relative to
 9086  procedures for the prevention of discharges of pollutants into
 9087  or affecting the coastal waters of the state from operations
 9088  regulated by ss. 376.011-376.21.
 9089         Section 299. Paragraph (k) of subsection (2) of section
 9090  377.703, Florida Statutes, is amended to read:
 9091         377.703 Additional functions of the Florida Energy and
 9092  Climate Commission.—
 9093         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
 9094  commission shall perform the following functions consistent with
 9095  the development of a state energy policy:
 9096         (k) The commission shall coordinate energy-related programs
 9097  of state government, including, but not limited to, the programs
 9098  provided in this section. To this end, the commission shall:
 9099         1. Provide assistance to other state agencies, counties,
 9100  municipalities, and regional planning agencies to further and
 9101  promote their energy planning activities.
 9102         2. Require, in cooperation with the Department of
 9103  Environmental Protection Management Services, that all state
 9104  agencies to operate state-owned and state-leased buildings in
 9105  accordance with energy conservation standards as adopted by the
 9106  department of Management Services. Every 3 months, the
 9107  department of Management Services shall furnish the commission
 9108  with data on agencies’ energy consumption and emissions of
 9109  greenhouse gases in a format prescribed by the commission.
 9110         3. Promote the development and use of renewable energy
 9111  resources, energy efficiency technologies, and conservation
 9112  measures.
 9113         4. Promote the recovery of energy from wastes, including,
 9114  but not limited to, the use of waste heat, the use of
 9115  agricultural products as a source of energy, and recycling of
 9116  manufactured products. Such promotion must shall be conducted in
 9117  conjunction with, and after consultation with, the Department of
 9118  Environmental Protection and the Florida Public Service
 9119  Commission where electrical generation or natural gas is
 9120  involved, and any other relevant federal, state, or local
 9121  governmental agency having responsibility for resource recovery
 9122  programs.
 9123         Section 300. Subsection (9) of section 381.98, Florida
 9124  Statutes, is amended to read:
 9125         381.98 The Florida Public Health Institute, Inc.;
 9126  establishment; purpose; mission; duties; board of directors.—
 9127         (9) The corporation may purchase goods, services, and
 9128  property for use by the Department of Health. These purchases
 9129  are not subject to the provisions of chapters 253, 255, and 287,
 9130  or nor to the control or direction of the Department of
 9131  Environmental Protection or the Department of Financial
 9132  Management Services.
 9133         Section 301. Section 394.9151, Florida Statutes, is amended
 9134  to read:
 9135         394.9151 Contract authority.—The Department of Children and
 9136  Family Services may contract with a private entity or state
 9137  agency for use of and operation of facilities to comply with the
 9138  requirements of this part act. The department of Children and
 9139  Family Services may also contract with the Department of
 9140  Financial Management Services to issue a request for proposals
 9141  and monitor contract compliance for these services.
 9142         Section 302. Section 395.1031, Florida Statutes, is amended
 9143  to read:
 9144         395.1031 Emergency medical services; communication.—Each
 9145  licensed hospital with an emergency department must be capable
 9146  of communicating by two-way radio with all ground-based basic
 9147  life support service vehicles and advanced life support service
 9148  vehicles that operate within the hospital’s service area under a
 9149  state permit and with all rotorcraft air ambulances that operate
 9150  under a state permit. The hospital’s radio system must be
 9151  capable of interfacing with municipal mutual aid channels
 9152  designated by the Department of Law Enforcement Management
 9153  Services and the Federal Communications Commission.
 9154         Section 303. Subsection (5) of section 400.121, Florida
 9155  Statutes, is amended to read:
 9156         400.121 Denial, suspension, revocation of license;
 9157  administrative fines; procedure; order to increase staffing.—
 9158         (5) An action taken by the agency to deny, suspend, or
 9159  revoke a facility’s license under this part or part II of
 9160  chapter 408 shall be heard by the Division of Administrative
 9161  Hearings of the Department of Management Services within 60 days
 9162  after the assignment of an administrative law judge, unless the
 9163  time limitation is waived by both parties. The administrative
 9164  law judge must render a decision within 30 days after receipt of
 9165  a proposed recommended order.
 9166         Section 304. Section 401.013, Florida Statutes, is amended
 9167  to read:
 9168         401.013 Legislative intent.—It is the intention and purpose
 9169  of the Legislature that a statewide system of regional emergency
 9170  medical telecommunications be developed whereby maximum use of
 9171  existing radio channels is achieved in order to more effectively
 9172  and rapidly provide emergency medical service to the general
 9173  population. To this end, all emergency medical service entities
 9174  within the state are directed to provide the Department of Law
 9175  Enforcement Management Services with any information the
 9176  department requests for the purpose of implementing the
 9177  provisions of s. 401.015, and such entities shall comply with
 9178  the resultant provisions established pursuant to this part.
 9179         Section 305. Section 401.015, Florida Statutes, is amended
 9180  to read:
 9181         401.015 Statewide regional emergency medical
 9182  telecommunication system.—The Department of Law Enforcement
 9183  shall Management Services is authorized and directed to develop
 9184  a statewide system of regional emergency medical
 9185  telecommunications. For the purpose of this part, the term
 9186  “telecommunications” means those voice, data, and signaling
 9187  transmissions and receptions between emergency medical service
 9188  components, including, but not limited to: ambulances; rescue
 9189  vehicles; hospitals or other related emergency receiving
 9190  facilities; emergency communications centers; physicians and
 9191  emergency medical personnel; paging facilities; law enforcement
 9192  and fire protection agencies; and poison control, suicide, and
 9193  emergency management agencies. In formulating such a system, the
 9194  department shall divide the state into appropriate regions and
 9195  shall develop a program that which includes, but is not limited
 9196  to, the following provisions:
 9197         (1) A requirements provision that states, which shall state
 9198  the telecommunications requirements for each emergency medical
 9199  entity comprising the region.
 9200         (2) An interfacility communications provision that depicts,
 9201  which shall depict the telecommunications interfaces between the
 9202  various medical service entities that which operate within the
 9203  region and state.
 9204         (3) An organizational layout provision that includes, which
 9205  shall include each emergency medical entity and the number of
 9206  base, mobile, handheld, or other radio operating units (base,
 9207  mobile, handheld, etc.) per entity.
 9208         (4) A frequency allocation and use provision that includes,
 9209  which shall include on an entity basis each assigned and planned
 9210  radio channel and the simplex, duplex, or other type of
 9211  operation (simplex, duplex, half duplex, etc.) on each channel.
 9212         (5) An operational provision that includes, which shall
 9213  include dispatching, logging, and operating procedures
 9214  pertaining to telecommunications on an entity basis and regional
 9215  basis.
 9216         (6) An emergency medical service telephone provision that
 9217  includes, which shall include the telephone and the numbering
 9218  plan throughout the region for both the public and interface
 9219  requirements.
 9220         Section 306. Section 401.018, Florida Statutes, is amended
 9221  to read:
 9222         401.018 System coordination.—
 9223         (1) The statewide system of regional emergency medical
 9224  telecommunications shall be developed by the Department of Law
 9225  Enforcement Management Services, which department shall be
 9226  responsible for the implementation and coordination of such
 9227  system into the state telecommunications plan. The department
 9228  shall adopt any necessary rules and regulations for implementing
 9229  and coordinating such a system.
 9230         (2) The Department of Law Enforcement is Management
 9231  Services shall be designated as the state frequency coordinator
 9232  for the special emergency radio service.
 9233         Section 307. Section 401.021, Florida Statutes, is amended
 9234  to read:
 9235         401.021 System director.—The executive director of Law
 9236  Enforcement Secretary of Management Services or a his or her
 9237  designee shall be is designated as the director of the statewide
 9238  telecommunications system of the regional emergency medical
 9239  service and, for the purpose of carrying out the provisions of
 9240  this part, may is authorized to coordinate the activities of the
 9241  telecommunications system with other interested state, county,
 9242  local, and private agencies.
 9243         Section 308. Section 401.024, Florida Statutes, is amended
 9244  to read:
 9245         401.024 System approval.—An From July 1, 1973, no emergency
 9246  medical telecommunications system may not shall be established
 9247  or present systems expanded without prior approval of the
 9248  Department of Law Enforcement Management Services.
 9249         Section 309. Section 401.027, Florida Statutes, is amended
 9250  to read:
 9251         401.027 Federal assistance.—The executive director of Law
 9252  Enforcement Secretary of Management Services or a his or her
 9253  designee may is authorized to apply for and accept federal
 9254  funding assistance in the development and implementation of a
 9255  statewide emergency medical telecommunications system.
 9256         Section 310. Paragraph (b) of subsection (2) of section
 9257  401.245, Florida Statutes, is amended to read:
 9258         401.245 Emergency Medical Services Advisory Council.—
 9259         (2)
 9260         (b) Representation on the Emergency Medical Services
 9261  Advisory Council must shall include: two licensed physicians who
 9262  are medical directors” as defined in s. 401.23(15) or whose
 9263  medical practice is closely related to emergency medical
 9264  services; two emergency medical service administrators, one of
 9265  whom is employed by a fire service; two certified paramedics,
 9266  one of whom is employed by a fire service; two certified
 9267  emergency medical technicians, one of whom is employed by a fire
 9268  service; one emergency medical services educator; one emergency
 9269  nurse; one hospital administrator; one representative of air
 9270  ambulance services; one representative of a commercial ambulance
 9271  operator; and two laypersons who are in no way connected with
 9272  emergency medical services, one of whom is a representative of
 9273  the elderly. Ex officio members of the advisory council from
 9274  state agencies must shall include, but are shall not be limited
 9275  to, representatives from the Department of Education, the
 9276  Department of Law Enforcement Management Services, the State
 9277  Fire Marshal, the Department of Highway Safety and Motor
 9278  Vehicles, the Department of Transportation, and the Department
 9279  of Community Affairs.
 9280         Section 311. Section 402.35, Florida Statutes, is amended
 9281  to read:
 9282         402.35 Employees.—All personnel of the Department of
 9283  Children and Family Services shall be governed by rules and
 9284  regulations adopted and promulgated by the Department of
 9285  Personnel Management Services relative thereto except for the
 9286  director and persons paid on a fee basis. The Department of
 9287  Children and Family Services may participate with other state
 9288  departments and agencies in a joint merit system. A No federal,
 9289  state, county, or municipal officer may not shall be eligible to
 9290  serve as an employee of the Department of Children and Family
 9291  Services.
 9292         Section 312. Paragraph (a) of subsection (2) of section
 9293  402.50, Florida Statutes, is amended to read:
 9294         402.50 Administrative infrastructure; legislative intent;
 9295  establishment of standards.—
 9296         (2) ADMINISTRATIVE INFRASTRUCTURE STANDARDS.—
 9297         (a) The department, in conjunction with the Department of
 9298  Personnel Management Services and the Governor’s Office of
 9299  Policy and Budget Planning and Budgeting, shall develop
 9300  standards for administrative infrastructure funding and staffing
 9301  to support the department and contract service providers in the
 9302  execution of their duties and responsibilities.
 9303         Section 313. Paragraph (b) of subsection (14) of section
 9304  403.061, Florida Statutes, is amended to read:
 9305         403.061 Department; powers and duties.—The department shall
 9306  have the power and the duty to control and prohibit pollution of
 9307  air and water in accordance with the law and rules adopted and
 9308  promulgated by it and, for this purpose, to:
 9309         (14) Establish a permit system whereby a permit may be
 9310  required for the operation, construction, or expansion of any
 9311  installation that may be a source of air or water pollution and
 9312  provide for the issuance and revocation of such permits and for
 9313  the posting of an appropriate bond to operate.
 9314         (b) The provisions of chapter 120 shall be accorded any
 9315  person when substantial interests will be affected by an
 9316  activity proposed to be conducted by the Department of
 9317  Transportation pursuant to its certification and the acceptance
 9318  of the department. If a proceeding is conducted pursuant to ss.
 9319  120.569 and 120.57, the department may intervene as a party. If
 9320  Should an administrative law judge of the Division of
 9321  Administrative Hearings submits of the Department of Management
 9322  Services submit a recommended order pursuant to ss. 120.569 and
 9323  120.57, the department shall issue a final department order
 9324  adopting, rejecting, or modifying the recommended order pursuant
 9325  to such action.
 9326  
 9327  The department shall implement such programs in conjunction with
 9328  its other powers and duties and shall place special emphasis on
 9329  reducing and eliminating contamination that presents a threat to
 9330  humans, animals or plants, or to the environment.
 9331         Section 314. Paragraph (b) of subsection (3) of section
 9332  403.42, Florida Statutes, is amended to read:
 9333         403.42 Florida Clean Fuel Act.—
 9334         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
 9335  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
 9336         (b)1. The advisory board shall consist of the Secretary of
 9337  Community Affairs, or a designee from that department, the
 9338  Secretary of Environmental Protection, or a designee from that
 9339  department, the Commissioner of Education, or a designee from
 9340  that department, the Secretary of Transportation, or a designee
 9341  from that department, the Commissioner of Agriculture, or a
 9342  designee from the Department of Agriculture and Consumer
 9343  Services, the Chief Financial Officer Secretary of Management
 9344  Services, or a designee from that department, and a
 9345  representative of each of the following, who shall be appointed
 9346  by the Secretary of Environmental Protection:
 9347         a. The Florida biodiesel industry.
 9348         b. The Florida electric utility industry.
 9349         c. The Florida natural gas industry.
 9350         d. The Florida propane gas industry.
 9351         e. An automobile manufacturers’ association.
 9352         f. A Florida Clean Cities Coalition designated by the
 9353  United States Department of Energy.
 9354         g. Enterprise Florida, Inc.
 9355         h. EV Ready Broward.
 9356         i. The Florida petroleum industry.
 9357         j. The Florida League of Cities.
 9358         k. The Florida Association of Counties.
 9359         l. Floridians for Better Transportation.
 9360         m. A motor vehicle manufacturer.
 9361         n. Florida Local Environment Resource Agencies.
 9362         o. Project for an Energy Efficient Florida.
 9363         p. Florida Transportation Builders Association.
 9364         2. The purpose of the advisory board is to serve as a
 9365  resource for the department and to provide the Governor, the
 9366  Legislature, and the Secretary of Environmental Protection with
 9367  private sector and other public agency perspectives on achieving
 9368  the goal of increasing the use of alternative fuel vehicles in
 9369  this state.
 9370         3. Members shall be appointed to serve terms of 1 year
 9371  each, with reappointment at the discretion of the Secretary of
 9372  Environmental Protection. Vacancies shall be filled for the
 9373  remainder of the unexpired term in the same manner as the
 9374  original appointment.
 9375         4. The board shall annually select a chairperson.
 9376         5.a. The board shall meet at least once each quarter or
 9377  more often at the call of the chairperson or the Secretary of
 9378  Environmental Protection.
 9379         b. Meetings are exempt from the notice requirements of
 9380  chapter 120, and sufficient notice must shall be given to afford
 9381  interested persons reasonable notice under the circumstances.
 9382         6. Members of the board are entitled to travel expenses
 9383  while engaged in the performance of board duties.
 9384         7. The board shall terminate 5 years after the effective
 9385  date of this act.
 9386         Section 315. Paragraph (b) of subsection (2) and paragraph
 9387  (b) of subsection (3) of section 403.518, Florida Statutes, are
 9388  amended to read:
 9389         403.518 Fees; disposition.—The department shall charge the
 9390  applicant the following fees, as appropriate, which, unless
 9391  otherwise specified, shall be paid into the Florida Permit Fee
 9392  Trust Fund:
 9393         (2) An application fee, which shall not exceed $200,000.
 9394  The fee shall be fixed by rule on a sliding scale related to the
 9395  size, type, ultimate site capacity, or increase in electrical
 9396  generating capacity proposed by the application.
 9397         (b) The following percentages shall be transferred to the
 9398  Operating Trust Fund of the Division of Administrative Hearings
 9399  of the Department of Management Services:
 9400         1. Five percent to compensate expenses from the initial
 9401  exercise of duties associated with the filing of an application.
 9402         2. An additional 5 percent if a land use hearing is held
 9403  pursuant to s. 403.508.
 9404         3. An additional 10 percent if a certification hearing is
 9405  held pursuant to s. 403.508.
 9406         (3)
 9407         (b) The fee shall be submitted to the department with a
 9408  petition for modification pursuant to s. 403.516. The This fee
 9409  shall be established, disbursed, and processed in the same
 9410  manner as the application fee in subsection (2), except that the
 9411  Division of Administrative Hearings may shall not receive a
 9412  portion of the fee unless the petition for certification
 9413  modification is referred to the Division of Administrative
 9414  Hearings for hearing. If the petition is so referred, only
 9415  $10,000 of the fee shall be transferred to the Operating Trust
 9416  Fund of the Division of Administrative Hearings of the
 9417  Department of Personnel Management Services.
 9418         Section 316. Paragraph (c) of subsection (1) of section
 9419  403.5365, Florida Statutes, is amended to read:
 9420         403.5365 Fees; disposition.—The department shall charge the
 9421  applicant the following fees, as appropriate, which, unless
 9422  otherwise specified, shall be paid into the Florida Permit Fee
 9423  Trust Fund:
 9424         (1) An application fee.
 9425         (c) The following percentages shall be transferred to the
 9426  Operating Trust Fund of the Division of Administrative Hearings
 9427  of the Department of Personnel Management Services:
 9428         1. Five percent to compensate for expenses from the initial
 9429  exercise of duties associated with the filing of an application.
 9430         2. An additional 10 percent if an administrative hearing
 9431  under s. 403.527 is held.
 9432         Section 317. Subsection (1) of section 403.7065, Florida
 9433  Statutes, is amended to read:
 9434         403.7065 Procurement of products or materials with recycled
 9435  content.—
 9436         (1) Except as provided in s. 287.045, any state agency or
 9437  agency of a political subdivision of the state which is using
 9438  state funds, or any person contracting with any such agency with
 9439  respect to work performed under contract, must is required to
 9440  procure products or materials that have with recycled content if
 9441  when the Department of Financial Management Services determines
 9442  that those products or materials are available. A decision not
 9443  to procure such items must be based on the department’s
 9444  Department of Management Services’ determination that such
 9445  procurement is not reasonably available within an acceptable
 9446  period of time, fails to meet the performance standards set
 9447  forth in the applicable specifications, or fails to meet the
 9448  performance standards of the agency. If When the requirements of
 9449  s. 287.045 are met, agencies are shall be subject to the
 9450  procurement requirements of that section for procuring products
 9451  or materials with recycled content.
 9452         Section 318. Paragraphs (a) and (d) of subsection (1) and
 9453  subsection (3) of section 403.714, Florida Statutes, are amended
 9454  to read:
 9455         403.714 Duties of state agencies.—
 9456         (1) Each state agency, the judicial branch of state
 9457  government, and the State University System shall:
 9458         (a) Establish a program, in cooperation with the department
 9459  and the Department of Financial Management Services, for the
 9460  collection of all recyclable materials generated in state
 9461  offices and institutions throughout the state, including, at a
 9462  minimum, aluminum, high-grade office paper, and corrugated
 9463  paper.
 9464         (d) Establish and implement, in cooperation with the
 9465  department and the Department of Financial Management Services,
 9466  a solid waste reduction program for materials used in the course
 9467  of agency operations. The program shall be designed and
 9468  implemented to achieve the maximum feasible reduction of solid
 9469  waste generated as a result of agency operations.
 9470         (3) All state agencies, including, but not limited to, the
 9471  Department of Transportation, the department, and the Department
 9472  of Financial Management Services and local governments, must are
 9473  required to procure compost products if when they can be
 9474  substituted for, and cost no more than, regular soil amendment
 9475  products, provided the compost products meet all applicable
 9476  state standards, specifications, and regulations.
 9477         Section 319. Subsection (1) of section 403.7145, Florida
 9478  Statutes, is amended to read:
 9479         403.7145 Recycling.—
 9480         (1) The Capitol and the House and Senate office buildings
 9481  constitute the Capitol recycling area. The Florida House of
 9482  Representatives, the Florida Senate, and the Office of the
 9483  Governor, the Secretary of State, and each Cabinet officer who
 9484  heads a department that occupies office space in the Capitol,
 9485  shall institute a recycling program for their respective offices
 9486  in the House and Senate office buildings and the Capitol.
 9487  Provisions shall be made to collect and sell wastepaper and
 9488  empty aluminum beverage cans generated by employee activities in
 9489  these offices. The collection and sale of such materials shall
 9490  be coordinated with Department of Management Services recycling
 9491  activities of the Department of Financial Services in order to
 9492  maximize the efficiency and economy of the this program. The
 9493  Governor, the Speaker of the House of Representatives, the
 9494  President of the Senate, the Secretary of State, and the Cabinet
 9495  officers may authorize the use of proceeds from recyclable
 9496  material sales for employee benefits and other purposes, in
 9497  order to provide incentives to their respective employees for
 9498  participation in the recycling program. Such proceeds may also
 9499  be used to offset any costs of the recycling program.
 9500         Section 320. Section 403.71852, Florida Statutes, is
 9501  amended to read:
 9502         403.71852 Collection of lead-containing products.—The
 9503  department shall of Environmental Protection is directed to work
 9504  with the Department of Financial Management Services to
 9505  implement a pilot program to collect lead-containing products,
 9506  including end-of-life computers and other electronic equipment
 9507  from state and local agencies. Local governments are encouraged
 9508  to establish collection and recycling programs for publicly and
 9509  privately owned lead-containing products, including end-of-life
 9510  televisions, computers, and other electronic products, through
 9511  existing recycling and household hazardous-waste-management
 9512  programs.
 9513         Section 321. Paragraph (c) of subsection (3) of section
 9514  406.075, Florida Statutes, is amended to read:
 9515         406.075 Grounds for discipline; disciplinary proceedings.—
 9516         (3)
 9517         (c) A formal hearing before an administrative law judge
 9518  from the Division of Administrative Hearings of the Department
 9519  of Management Services shall be held pursuant to chapter 120
 9520  unless all parties agree in writing that there is no disputed
 9521  issue of material fact. The administrative law judge shall issue
 9522  a recommended order pursuant to chapter 120. If any party raises
 9523  an issue of disputed fact during an informal hearing, the
 9524  hearing shall be terminated and a formal hearing pursuant to
 9525  chapter 120 shall be held.
 9526         Section 322. Paragraph (b) of subsection (5) of section
 9527  408.039, Florida Statutes, is amended to read:
 9528         408.039 Review process.—The review process for certificates
 9529  of need shall be as follows:
 9530         (5) ADMINISTRATIVE HEARINGS.—
 9531         (b) Hearings shall be held in Tallahassee unless the
 9532  administrative law judge determines that changing the location
 9533  will facilitate the proceedings. The agency shall assign
 9534  proceedings requiring hearings to the Division of Administrative
 9535  Hearings of the Department of Management Services within 10 days
 9536  after the time has expired for requesting a hearing. Except upon
 9537  unanimous consent of the parties or upon the granting by the
 9538  administrative law judge of a motion of continuance, hearings
 9539  shall commence within 60 days after the administrative law judge
 9540  has been assigned. For an application for a general hospital,
 9541  administrative hearings shall commence within 6 months after the
 9542  administrative law judge has been assigned, and a continuance
 9543  may not be granted absent a finding of extraordinary
 9544  circumstances by the administrative law judge. All parties,
 9545  except the agency, shall bear their own expense of preparing a
 9546  transcript. In any application for a certificate of need which
 9547  is referred to the division of Administrative Hearings for
 9548  hearing, the administrative law judge shall complete and submit
 9549  to the parties a recommended order as provided in ss. 120.569
 9550  and 120.57. The recommended order must shall be issued within 30
 9551  days after the receipt of the proposed recommended orders or the
 9552  deadline for submission of such proposed recommended orders,
 9553  whichever is earlier. The division shall adopt procedures for
 9554  administrative hearings which shall maximize the use of
 9555  stipulated facts and shall provide for the admission of prepared
 9556  testimony.
 9557         Section 323. Paragraph (a) of subsection (11) of section
 9558  408.910, Florida Statutes, is amended to read:
 9559         408.910 Florida Health Choices Program.—
 9560         (11) CORPORATION.—There is created the Florida Health
 9561  Choices, Inc., which shall be registered, incorporated,
 9562  organized, and operated in compliance with part III of chapter
 9563  112 and chapters 119, 286, and 617. The purpose of the
 9564  corporation is to administer the program created in this section
 9565  and to conduct such other business as may further the
 9566  administration of the program.
 9567         (a) The corporation shall be governed by a 15-member board
 9568  of directors consisting of:
 9569         1. Three ex officio, nonvoting members to include:
 9570         a. The Secretary of Health Care Administration or a
 9571  designee with expertise in health care services.
 9572         b. The executive director of Personnel Secretary of
 9573  Management Services or a designee with expertise in state
 9574  employee benefits.
 9575         c. The commissioner of the Office of Insurance Regulation
 9576  or a designee with expertise in insurance regulation.
 9577         2. Four members appointed by and serving at the pleasure of
 9578  the Governor.
 9579         3. Four members appointed by and serving at the pleasure of
 9580  the President of the Senate.
 9581         4. Four members appointed by and serving at the pleasure of
 9582  the Speaker of the House of Representatives.
 9583         5. Board members may not include insurers, health insurance
 9584  agents or brokers, health care providers, health maintenance
 9585  organizations, prepaid service providers, or any other entity,
 9586  affiliate or subsidiary of eligible vendors.
 9587         Section 324. Subsection (3) of section 413.036, Florida
 9588  Statutes, is amended to read:
 9589         413.036 Procurement of services by agencies; authority of
 9590  department.—
 9591         (3) If, pursuant to a contract between a any legislative,
 9592  executive, or judicial agency of the state and any private
 9593  contract vendor, a product or service is required by the
 9594  Department of Financial Management Services or on behalf of any
 9595  state agency which that is included on the procurement list
 9596  established by the commission pursuant to s. 413.035(2), the
 9597  contract must contain the following language:
 9598         “IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES
 9599  THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT
 9600  MUST SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR
 9601  FOR THE SEVERELY HANDICAPPED WHICH THAT IS QUALIFIED PURSUANT TO
 9602  CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE
 9603  SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA
 9604  STATUTES.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,
 9605  OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
 9606  CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY
 9607  INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE
 9608  CONCERNED.”
 9609         Section 325. Subsection (11) of section 413.051, Florida
 9610  Statutes, is amended to read:
 9611         413.051 Eligible blind persons; operation of vending
 9612  stands.—
 9613         (11) Effective July 1, 1996, blind licensees who remain
 9614  members of the Florida Retirement System pursuant to s.
 9615  121.051(6)(b)1. must shall pay any unappropriated retirement
 9616  costs from their net profits or from program income. Within 30
 9617  days after the effective date of this act, each blind licensee
 9618  who is eligible to maintain membership in the Florida Retirement
 9619  System under s. 121.051(6)(b)1., but who elects to withdraw from
 9620  the system as provided in s. 121.051(6)(b)3., must, on or before
 9621  July 31, 1996, notify the Division of Blind Services and the
 9622  Department of Personnel Management Services in writing of his or
 9623  her election to withdraw. Failure to timely notify the divisions
 9624  shall be deemed a decision to remain a compulsory member of the
 9625  Florida Retirement System. However, if, at any time after July
 9626  1, 1996, sufficient funds are not paid by a blind licensee to
 9627  cover the required contribution to the Florida Retirement
 9628  System, that blind licensee is shall become ineligible to
 9629  participate in the Florida Retirement System on the last day of
 9630  the first month for which no contribution is made or the amount
 9631  contributed is insufficient to cover the required contribution.
 9632  For any blind licensee who becomes ineligible to participate in
 9633  the Florida Retirement System as described in this subsection,
 9634  no creditable service may not shall be earned under the Florida
 9635  Retirement System for any period following the month that
 9636  retirement contributions ceased to be reported. However, any
 9637  such person may participate in the Florida Retirement System in
 9638  the future if employed by a participating employer in a covered
 9639  position.
 9640         Section 326. Section 414.37, Florida Statutes, is amended
 9641  to read:
 9642         414.37 Public assistance overpayment recovery
 9643  privatization; reemployment of laid-off career service
 9644  employees.—Should career service employees of the Department of
 9645  Children and Family Services be subject to layoff after July 1,
 9646  1995, due to the privatization of public assistance overpayment
 9647  recovery functions, the privatization contract must shall
 9648  require the contracting firm to give priority consideration to
 9649  employment of such employees. In addition, a task force composed
 9650  of representatives from the Department of Children and Family
 9651  Services and the Department of Personnel Management Services
 9652  shall be established to provide reemployment assistance to such
 9653  employees.
 9654         Section 327. Subsection (5) of section 429.14, Florida
 9655  Statutes, is amended to read:
 9656         429.14 Administrative penalties.—
 9657         (5) An action taken by the agency to suspend, deny, or
 9658  revoke a facility’s license under this part or part II of
 9659  chapter 408, in which the agency claims that the facility owner
 9660  or an employee of the facility has threatened the health,
 9661  safety, or welfare of a resident of the facility must be heard
 9662  by the Division of Administrative Hearings of the Department of
 9663  Management Services within 120 days after receipt of the
 9664  facility’s request for a hearing, unless that time limitation is
 9665  waived by both parties. The administrative law judge must render
 9666  a decision within 30 days after receipt of a proposed
 9667  recommended order.
 9668         Section 328. Section 440.2715, Florida Statutes, is amended
 9669  to read:
 9670         440.2715 Access to courts through state video
 9671  teleconferencing network.—The First District Court of Appeal
 9672  shall use the state video teleconferencing network established
 9673  by the Agency for Enterprise Information Technology Department
 9674  of Management Services to facilitate access to courts for
 9675  purposes of workers’ compensation actions.
 9676         Section 329. Paragraph (a) of subsection (1) of section
 9677  440.45, Florida Statutes, is amended to read:
 9678         440.45 Office of the Judges of Compensation Claims.—
 9679         (1)(a) There is created The Office of the Judges of
 9680  Compensation Claims is created within the Division of
 9681  Administrative Hearings Department of Management Services. The
 9682  office of the Judges of Compensation Claims shall be headed by
 9683  the Deputy Chief Judge of Compensation Claims. The Deputy Chief
 9684  Judge shall report to the director of the Division of
 9685  Administrative Hearings. The Deputy Chief Judge shall be
 9686  appointed by the Governor for a term of 4 years from a list of
 9687  three names submitted by the statewide nominating commission
 9688  created under subsection (2). The Deputy Chief Judge must
 9689  demonstrate prior administrative experience and possess the same
 9690  qualifications for appointment as a judge of compensation
 9691  claims, and the procedure for reappointment of the Deputy Chief
 9692  Judge will be the same as for reappointment of a judge of
 9693  compensation claims. The office shall be a separate budget
 9694  entity and the director of the Division of Administrative
 9695  Hearings shall be its agency head for all purposes, including,
 9696  but not limited to, rulemaking pursuant to subsection (4) and
 9697  establishing agency policies and procedures. The Department of
 9698  Personnel Management Services shall provide administrative
 9699  support and service to the office to the extent requested by the
 9700  division director of the Division of Administrative Hearings but
 9701  may shall not direct, supervise, or control the Office of the
 9702  Judges of Compensation Claims in any manner, including, but not
 9703  limited to, personnel, purchasing, budgetary matters, or
 9704  property transactions. The operating budget of the Office of the
 9705  Judges of Compensation Claims shall be paid out of the Workers’
 9706  Compensation Administration Trust Fund established in s. 440.50.
 9707         Section 330. Paragraph (b) of subsection (9) of section
 9708  445.009, Florida Statutes, is amended to read:
 9709         445.009 One-stop delivery system.—
 9710         (9)
 9711         (b) The network shall assure that a uniform method is used
 9712  to determine eligibility for and management of services provided
 9713  by agencies that conduct workforce development activities. The
 9714  Department of Financial Management Services shall develop
 9715  strategies to allow access to the databases and information
 9716  management systems of the following systems in order to link
 9717  information in those databases with the one-stop delivery
 9718  system:
 9719         1. The Unemployment Compensation Program of the Agency for
 9720  Workforce Innovation.
 9721         2. The public employment service described in s. 443.181.
 9722         3. The FLORIDA System and the components related to WAGES,
 9723  food stamps, and Medicaid eligibility.
 9724         4. The Student Financial Assistance System of the
 9725  Department of Education.
 9726         5. Enrollment in the public postsecondary education system.
 9727         6. Other information systems determined appropriate by
 9728  Workforce Florida, Inc.
 9729         Section 331. Subsections (3) and (4) of section 447.205,
 9730  Florida Statutes, are amended to read:
 9731         447.205 Public Employees Relations Commission.—
 9732         (3) The commission, in the performance of its powers and
 9733  duties under this part, is shall not be subject to control,
 9734  supervision, or direction by the Department of Personnel
 9735  Management Services.
 9736         (4) The property, personnel, and appropriations related to
 9737  the commission’s specified authority, powers, duties, and
 9738  responsibilities shall be provided to the commission by the
 9739  Department of Personnel Management Services.
 9740         Section 332. Paragraph (k) of subsection (14) of section
 9741  455.32, Florida Statutes, is amended to read:
 9742         455.32 Management Privatization Act.—
 9743         (14) The contract between the department and the
 9744  corporation must be in compliance with this section and other
 9745  applicable laws. The department shall retain responsibility for
 9746  any duties it currently exercises relating to its police powers
 9747  and any other current duty that is not provided to the
 9748  corporation by contract or this section. The contract shall
 9749  provide, at a minimum, that:
 9750         (k) The corporation, out of its allocated budget, pay to
 9751  the department all costs incurred by the corporation or the
 9752  board for the Division of Administrative Hearings of the
 9753  Department of Management Services and any other cost for using
 9754  utilization of these state services.
 9755         Section 333. Paragraph (j) of subsection (3) of section
 9756  471.038, Florida Statutes, is amended to read:
 9757         471.038 Florida Engineers Management Corporation.—
 9758         (3) The Florida Engineers Management Corporation is created
 9759  to provide administrative, investigative, and prosecutorial
 9760  services to the board in accordance with the provisions of
 9761  chapter 455 and this chapter. The management corporation may
 9762  hire staff as necessary to carry out its functions. Such staff
 9763  are not public employees for the purposes of chapter 110 or
 9764  chapter 112, except that the board of directors and the staff
 9765  are subject to the provisions of s. 112.061. The provisions of
 9766  s. 768.28 apply to the management corporation, which is deemed
 9767  to be a corporation primarily acting as an instrumentality of
 9768  the state, but which is not an agency within the meaning of s.
 9769  20.03(11). The management corporation shall:
 9770         (j) Operate under a written contract with the department
 9771  which is approved by the board. The contract must provide for,
 9772  but is not limited to:
 9773         1. Submission by the management corporation of an annual
 9774  budget that complies with board rules for approval by the board
 9775  and the department.
 9776         2. Annual certification by the board and the department
 9777  that the management corporation is complying with the terms of
 9778  the contract in a manner consistent with the goals and purposes
 9779  of the board and in the best interest of the state. This
 9780  certification must be reported in the board’s minutes. The
 9781  contract must also provide for methods and mechanisms to resolve
 9782  any situation in which the certification process determines
 9783  noncompliance.
 9784         3. Funding of the management corporation through
 9785  appropriations allocated to the regulation of professional
 9786  engineers from the Professional Regulation Trust Fund.
 9787         4. The reversion to the board, or the state if the board
 9788  ceases to exist, of moneys, records, data, and property held in
 9789  trust by the management corporation for the benefit of the
 9790  board, if the management corporation is no longer approved to
 9791  operate for the board or the board ceases to exist. All records
 9792  and data in a computerized database shall be returned to the
 9793  department in a form that is compatible with the computerized
 9794  database of the department.
 9795         5. The securing and maintaining by the management
 9796  corporation, during the term of the contract and for all acts
 9797  performed during the term of the contract, of all liability
 9798  insurance coverages in an amount to be approved by the board to
 9799  defend, indemnify, and hold harmless the management corporation
 9800  and its officers and employees, the department and its
 9801  employees, and the state against all claims arising from state
 9802  and federal laws. Such insurance coverage must be with insurers
 9803  qualified and doing business in the state. The management
 9804  corporation must provide proof of insurance to the department.
 9805  The department and its employees and the state are exempt from
 9806  and are not liable for any sum of money which represents a
 9807  deductible, which sums are shall be the sole responsibility of
 9808  the management corporation. Violation of this subparagraph is
 9809  shall be grounds for terminating the contract.
 9810         6. Payment by the management corporation, out of its
 9811  allocated budget, to the department of all costs of
 9812  representation by the board counsel, including salary and
 9813  benefits, travel, and any other compensation traditionally paid
 9814  by the department to other board counsel.
 9815         7. Payment by the management corporation, out of its
 9816  allocated budget, to the department of all costs incurred by the
 9817  management corporation or the board for the Division of
 9818  Administrative Hearings of the Department of Management Services
 9819  and any other cost for using utilization of these state
 9820  services.
 9821         8. Payment by the management corporation, out of its
 9822  allocated budget, to the department of reasonable costs
 9823  associated with the contract monitor.
 9824         Section 334. Section 489.145, Florida Statutes, is amended
 9825  to read:
 9826         489.145 Guaranteed energy, water, and wastewater
 9827  performance savings contracting.—
 9828         (1) SHORT TITLE.—This section may be cited as the
 9829  “Guaranteed Energy, Water, and Wastewater Performance Savings
 9830  Contracting Act.”
 9831         (2) LEGISLATIVE FINDINGS.—The Legislature finds that
 9832  investment in energy, water, and wastewater efficiency and
 9833  conservation measures in agency facilities can reduce the amount
 9834  of energy and water consumed and wastewater produced and produce
 9835  immediate and long-term savings. It is the policy of this state
 9836  to encourage each agency to invest in energy, water, and
 9837  wastewater efficiency and conservation measures to minimize
 9838  energy and water consumption and wastewater production and
 9839  maximize energy, water, and wastewater savings. It is further
 9840  the policy of this state to encourage agencies to reinvest any
 9841  resulting savings resulting from energy, water, and wastewater
 9842  efficiency and conservation measures in additional energy,
 9843  water, and wastewater efficiency and conservation measures.
 9844         (3) DEFINITIONS.—As used in this section, the term:
 9845         (a) “Agency” means the state, a municipality, or a
 9846  political subdivision.
 9847         (b) “Energy, water, and wastewater efficiency and
 9848  conservation measure” means a training program incidental to the
 9849  contract, facility alteration, or equipment purchase to be used
 9850  in new construction, including an addition to existing
 9851  facilities or infrastructure, which reduces energy or water
 9852  consumption, wastewater production, or energy-related operating
 9853  costs and includes, but is not limited to:
 9854         1. Insulation of the facility structure and systems within
 9855  the facility.
 9856         2. Storm windows and doors, caulking or weatherstripping,
 9857  multiglazed windows and doors, heat-absorbing, or heat
 9858  reflective, glazed and coated window and door systems,
 9859  additional glazing, reductions in glass area, and other window
 9860  and door system modifications that reduce energy consumption.
 9861         3. Automatic energy control systems.
 9862         4. Heating, ventilating, or air-conditioning system
 9863  modifications or replacements.
 9864         5. Replacement or modifications of lighting fixtures to
 9865  increase the energy efficiency of the lighting system, which, at
 9866  a minimum, must conform to the applicable state or local
 9867  building code.
 9868         6. Energy recovery systems.
 9869         7. Cogeneration systems that produce steam or forms of
 9870  energy such as heat, as well as electricity, for use primarily
 9871  within a facility or complex of facilities.
 9872         8. Energy conservation measures that reduce British thermal
 9873  units (Btu), kilowatts (kW), or kilowatt hours (kWh) consumed or
 9874  provide long-term operating cost reductions.
 9875         9. Renewable energy systems, such as solar, biomass, or
 9876  wind systems.
 9877         10. Devices that reduce water consumption or sewer charges.
 9878         11. Energy storage systems, such as fuel cells and thermal
 9879  storage.
 9880         12. Energy-generating technologies, such as microturbines.
 9881         13. Any other repair, replacement, or upgrade of existing
 9882  equipment.
 9883         (c) “Energy, water, or wastewater cost savings” means a
 9884  measured reduction in the cost of fuel, energy or water
 9885  consumption, wastewater production, and stipulated operation and
 9886  maintenance created from the implementation of one or more
 9887  energy, water, or wastewater efficiency or conservation measures
 9888  when compared with an established baseline for the previous cost
 9889  of fuel, energy or water consumption, wastewater production, and
 9890  stipulated operation and maintenance.
 9891         (d) “Guaranteed energy, water, and wastewater performance
 9892  savings contract” means a contract for the evaluation,
 9893  recommendation, and implementation of energy, water, or
 9894  wastewater efficiency or conservation measures, which, at a
 9895  minimum, shall include:
 9896         1. The design and installation of equipment to implement
 9897  one or more of such measures and, if applicable, operation and
 9898  maintenance of such measures.
 9899         2. The amount of any actual annual savings that meet or
 9900  exceed total annual contract payments made by the agency for the
 9901  contract and may include allowable cost avoidance if determined
 9902  appropriate by the Chief Financial Officer.
 9903         3. The finance charges incurred by the agency over the life
 9904  of the contract.
 9905         (e) “Guaranteed energy, water, and wastewater performance
 9906  savings contractor” means a person or business that is licensed
 9907  under chapter 471, chapter 481, or this chapter and is
 9908  experienced in the analysis, design, implementation, or
 9909  installation of energy, water, and wastewater efficiency and
 9910  conservation measures through energy performance contracts.
 9911         (f) “Investment grade energy audit” means a detailed
 9912  energy, water, and wastewater audit, along with an accompanying
 9913  analysis of proposed energy, water, and wastewater conservation
 9914  measures, and their costs, savings, and benefits before prior to
 9915  entry into an energy savings contract.
 9916         (4) PROCEDURES.—
 9917         (a) An agency may enter into a guaranteed energy, water,
 9918  and wastewater performance savings contract with a guaranteed
 9919  energy, water, and wastewater performance savings contractor to
 9920  reduce energy or water consumption, wastewater production, or
 9921  energy-related operating costs of an agency facility through one
 9922  or more energy, water, or wastewater efficiency or conservation
 9923  measures.
 9924         (b) Before design and installation of energy, water, or
 9925  wastewater efficiency and conservation measures, the agency must
 9926  obtain from a guaranteed energy, water, and wastewater
 9927  performance savings contractor a report that summarizes the
 9928  costs associated such with the energy, water, or wastewater
 9929  efficiency and conservation measures or energy-related
 9930  operational cost-saving measures and provides an estimate of the
 9931  amount of the cost savings. The agency and the guaranteed
 9932  energy, water, and wastewater performance savings contractor may
 9933  enter into a separate agreement to pay for costs associated with
 9934  the preparation and delivery of the report; however, payment to
 9935  the contractor is shall be contingent upon the report’s
 9936  projection of energy, water, and wastewater cost savings being
 9937  equal to or greater than the total projected costs of the design
 9938  and installation of the report’s energy conservation measures.
 9939         (c) The agency may enter into a guaranteed energy, water,
 9940  and wastewater performance savings contract with a guaranteed
 9941  energy, water, and wastewater performance savings contractor if
 9942  the agency finds that the amount the agency would spend on such
 9943  the energy, water, and wastewater efficiency and conservation
 9944  measures will not likely exceed the amount of the cost savings
 9945  for up to 20 years from the date of installation, based on the
 9946  life cycle cost calculations provided in s. 255.255, if the
 9947  recommendations in the report were followed and if the qualified
 9948  provider or providers give a written guarantee that the cost
 9949  savings will meet or exceed the costs of the system. However,
 9950  actual computed cost savings must meet or exceed the estimated
 9951  cost savings provided in each agency’s program approval.
 9952  Baseline adjustments used in calculations must be specified in
 9953  the contract. The contract may provide for installment payments
 9954  for up to a period not to exceed 20 years.
 9955         (d) A guaranteed energy, water, and wastewater performance
 9956  savings contractor must be selected in compliance with s.
 9957  287.055; except that if fewer than three firms are qualified to
 9958  perform the required services, the requirement for agency
 9959  selection of three firms, as provided in s. 287.055(4)(b), and
 9960  the bid requirements of s. 287.057 do not apply.
 9961         (e) Before entering into a guaranteed energy, water, and
 9962  wastewater performance savings contract, an agency must provide
 9963  published notice of the meeting in which it proposes to award
 9964  the contract, the names of the parties to the proposed contract,
 9965  and the contract’s purpose.
 9966         (f) A guaranteed energy, water, and wastewater performance
 9967  savings contract may provide for financing, including tax-exempt
 9968  financing, by a third party. The contract for third-party
 9969  financing may be separate from the energy, water, and wastewater
 9970  performance contract. A separate contract for third-party
 9971  financing under this paragraph must include a provision that the
 9972  third-party financier may must not be granted rights or
 9973  privileges that exceed the rights and privileges available to
 9974  the guaranteed energy, water, and wastewater performance savings
 9975  contractor.
 9976         (g) Financing for guaranteed energy, water, and wastewater
 9977  performance savings contracts may be provided under the
 9978  authority of s. 287.064.
 9979         (h) The Office of the Chief Financial Officer shall review
 9980  proposals from state agencies to ensure that the most effective
 9981  financing is being used.
 9982         (i) Annually, the agency that has entered into the contract
 9983  shall provide the Department of Management Services and the
 9984  Chief Financial Officer the measurement and verification report
 9985  required by the contract to the Chief Financial Officer to
 9986  validate that savings have occurred.
 9987         (j) In determining the amount the agency will finance to
 9988  acquire the energy, water, and wastewater efficiency and
 9989  conservation measures, the agency may reduce such amount by the
 9990  application of any grant moneys, rebates, or capital funding
 9991  available to the agency for the purpose of buying down the cost
 9992  of the guaranteed energy, water, and wastewater performance
 9993  savings contract. However, in calculating the life cycle cost as
 9994  required in paragraph (c), the agency may shall not apply any
 9995  grants, rebates, or capital funding.
 9996         (5) CONTRACT PROVISIONS.—
 9997         (a) A guaranteed energy, water, and wastewater performance
 9998  savings contract must include a written guarantee that may
 9999  include, but is not limited to the form of, a letter of credit,
10000  insurance policy, or corporate guarantee by the guaranteed
10001  energy, water, and wastewater performance savings contractor
10002  that annual cost savings will meet or exceed the amortized cost
10003  of energy, water, and wastewater efficiency and conservation
10004  measures.
10005         (b) The guaranteed energy, water, and wastewater
10006  performance savings contract must provide that all payments,
10007  except obligations on termination of the contract before its
10008  expiration, may be made over time, but not to exceed 20 years
10009  from the date of complete installation and acceptance by the
10010  agency, and that the annual savings are guaranteed to the extent
10011  necessary to make annual payments to satisfy the guaranteed
10012  energy, water, and wastewater performance savings contract.
10013         (c) The guaranteed energy, water, and wastewater
10014  performance savings contract must require that the guaranteed
10015  energy, water, and wastewater performance savings contractor to
10016  whom the contract is awarded provide a 100-percent public
10017  construction bond to the agency for its faithful performance, as
10018  required by s. 255.05.
10019         (d) The guaranteed energy, water, and wastewater
10020  performance savings contract may contain a provision allocating
10021  to the parties to the contract any annual cost savings that
10022  exceed the amount of the cost savings guaranteed in the
10023  contract.
10024         (e) The guaranteed energy, water, and wastewater
10025  performance savings contract must shall require the guaranteed
10026  energy, water, and wastewater performance savings contractor to
10027  provide to the agency an annual reconciliation of the guaranteed
10028  energy or associated cost savings. If the reconciliation reveals
10029  a shortfall in annual energy or associated cost savings, the
10030  guaranteed energy, water, and wastewater performance savings
10031  contractor is liable for such shortfall. If the reconciliation
10032  reveals an excess in annual cost savings, the excess savings may
10033  be allocated under paragraph (d) but may not be used to cover
10034  potential energy or associated cost savings shortages in
10035  subsequent contract years.
10036         (f) The guaranteed energy, water, and wastewater
10037  performance savings contract must provide for payments of not
10038  less than one-twentieth of the price to be paid within 2 years
10039  from the date of the complete installation and acceptance by the
10040  agency using straight-line amortization for the term of the
10041  loan, and the remaining costs to be paid at least quarterly, not
10042  to exceed a 20-year term, based on life cycle cost calculations.
10043         (g) The guaranteed energy, water, and wastewater
10044  performance savings contract may extend beyond the fiscal year
10045  in which it becomes effective; however, the term of any contract
10046  expires at the end of each fiscal year and may be automatically
10047  renewed annually for up to 20 years, subject to the agency
10048  making sufficient annual appropriations based upon continued
10049  realized energy, water, and wastewater savings.
10050         (h) The guaranteed energy, water, and wastewater
10051  performance savings contract must stipulate that it does not
10052  constitute a debt, liability, or obligation of the state.
10053         (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
10054  Department of Financial Management Services, with the assistance
10055  of the Office of the Chief Financial Officer, shall, within
10056  available resources, provide technical content assistance to
10057  state agencies contracting for energy, water, and wastewater
10058  efficiency and conservation measures and engage in other
10059  activities considered appropriate by the department for
10060  promoting and facilitating guaranteed energy, water, and
10061  wastewater performance contracting by state agencies. The
10062  Department of Financial Management Services shall review the
10063  investment-grade audit for each proposed project and certify
10064  that the cost savings are appropriate and sufficient for the
10065  term of the contract. The Office of the Chief Financial Officer,
10066  with the assistance of the Department of Financial Management
10067  Services, shall, within available resources, develop model
10068  contractual and related documents for use by state agencies.
10069  Before Prior to entering into a guaranteed energy, water, and
10070  wastewater performance savings contract, any contract or lease
10071  for third-party financing, or any combination of such contracts,
10072  a state agency shall submit such proposed contract or lease to
10073  the Department of Financial Services Office of the Chief
10074  Financial Officer for review and approval. A proposed contract
10075  or lease must shall include:
10076         (a) Supporting information required by s. 216.023(4)(a)9.
10077  in ss. 287.063(5) and 287.064(11). For contracts approved under
10078  this section, the criteria may, at a minimum, include the
10079  specification of a benchmark cost of capital and minimum real
10080  rate of return on energy, water, or wastewater savings against
10081  which proposals must shall be evaluated.
10082         (b) Documentation supporting recurring funds requirements
10083  in ss. 287.063(5) and 287.064(11).
10084         (c) Approval by the head of the agency or a his or her
10085  designee.
10086         (d) An agency measurement and verification plan to monitor
10087  cost savings.
10088         (7) FUNDING SUPPORT.—For purposes of consolidated financing
10089  of deferred payment commodity contracts under this section by an
10090  agency, any such contract must be supported from available funds
10091  appropriated to the agency in an appropriation category, as
10092  defined in chapter 216, that the Chief Financial Officer has
10093  determined is appropriate or that the Legislature has designated
10094  for payment of the obligation incurred under this section.
10095  
10096  The Office of the Chief Financial Officer may shall not approve
10097  any contract submitted under this section from a state agency
10098  that does not meet the requirements of this section.
10099         Section 335. Subsection (4) of section 553.995, Florida
10100  Statutes, is amended to read:
10101         553.995 Energy-efficiency ratings for buildings.—
10102         (4) The Department of Community Affairs shall develop a
10103  training and certification program to certify raters. In
10104  addition to the department, ratings may be conducted by any
10105  local government or private entity if, provided that the
10106  appropriate persons have completed the necessary training and
10107  have been certified by the department. The Department of
10108  Environmental Protection Management Services shall rate state
10109  owned or state-leased buildings if, provided that the
10110  appropriate persons have completed the necessary training and
10111  have been certified by the Department of Community Affairs. A
10112  state agency that which has building construction regulation
10113  authority may rate its own buildings and those it is responsible
10114  for, if the appropriate persons have completed the necessary
10115  training and have been certified by the Department of Community
10116  Affairs. The department of Community Affairs may charge a fee
10117  not to exceed the costs for the training and certification of
10118  raters. The department shall by rule set the appropriate charges
10119  for raters to charge for energy ratings, not to exceed the
10120  actual costs.
10121         Section 336. Subsection (41) of section 570.07, Florida
10122  Statutes, is amended to read:
10123         570.07 Department of Agriculture and Consumer Services;
10124  functions, powers, and duties.—The department shall have and
10125  exercise the following functions, powers, and duties:
10126         (41) Notwithstanding the provisions of s. 287.057(23) that
10127  require all agencies to use the online procurement system
10128  developed by the Department of Financial Management Services,
10129  the department may continue to use its own online system.
10130  However, vendors using utilizing such system must shall be
10131  prequalified as meeting mandatory requirements and
10132  qualifications and shall remit fees pursuant to s. 287.057(23),
10133  and any rules implementing s. 287.057.
10134         Section 337. Subsection (2) of section 627.096, Florida
10135  Statutes, is amended to read:
10136         627.096 Workers’ Compensation Rating Bureau.—
10137         (2) The acquisition by the Department of Financial
10138  Management Services of data processing software, hardware, and
10139  services necessary to carry out the provisions of this part act
10140  for the department or office are shall be exempt from the
10141  provisions of part I of chapter 287.
10142         Section 338. Paragraph (c) of subsection (4) of section
10143  633.382, Florida Statutes, is amended to read:
10144         633.382 Firefighters; supplemental compensation.—
10145         (4) FUNDING.—
10146         (c) There is appropriated from the Police and Firefighter’s
10147  Premium Tax Trust Fund to the Firefighters’ Supplemental
10148  Compensation Trust Fund, which is hereby created under the
10149  Department of Revenue, all moneys that which have not been
10150  distributed to municipalities and special fire control districts
10151  in accordance with s. 175.121 due to as a result of the
10152  limitation contained in s. 175.122 on the disbursement of
10153  revenues collected pursuant to chapter 175 or as a result of any
10154  municipality or special fire control district not having
10155  qualified in any given year, or portion thereof, for
10156  participation in the distribution of the revenues collected
10157  pursuant to chapter 175. The total required annual distribution
10158  from the Firefighters’ Supplemental Compensation Trust Fund must
10159  shall equal the amount necessary to pay supplemental
10160  compensation as provided in this section if, provided that:
10161         1. Any deficit in the total required annual distribution is
10162  shall be made up from accrued surplus funds existing in the
10163  Firefighters’ Supplemental Compensation Trust Fund on June 30,
10164  1990, for as long as such funds last. If the accrued surplus is
10165  insufficient to cure the deficit in any given year, the
10166  proration of the appropriation among the counties,
10167  municipalities, and special fire service taxing districts must
10168  shall equal the ratio of compensation paid in the prior year to
10169  county, municipal, and special fire service taxing district
10170  firefighters pursuant to this section. This ratio shall be
10171  provided annually to the Department of Revenue by the Division
10172  of State Fire Marshal. Surplus funds that have accrued or accrue
10173  on or after July 1, 1990, shall be redistributed to
10174  municipalities and special fire control districts as provided in
10175  subparagraph 2.
10176         2. By October 1 of each year, any funds that have accrued
10177  or accrue on or after July 1, 1990, and remain in the
10178  Firefighters’ Supplemental Compensation Trust Fund following the
10179  required annual distribution shall be redistributed by the
10180  Department of Revenue pro rata to those municipalities and
10181  special fire control districts identified by the Department of
10182  Personnel Management Services as being eligible for additional
10183  funds pursuant to s. 175.121(3)(b).
10184         Section 339. Subsection (4) of section 650.02, Florida
10185  Statutes, is amended to read:
10186         650.02 Definitions.—For the purpose of this chapter:
10187         (4) The term “state agency” means the Department of
10188  Personnel Management Services.
10189         Section 340. Section 760.04, Florida Statutes, is amended
10190  to read:
10191         760.04 Commission on Human Relations, Assigned to Executive
10192  Office of the Governor Department of Management Services.—The
10193  commission created by s. 760.03 is assigned to the Executive
10194  Office of the Governor Department of Management Services. The
10195  commission, in the performance of its duties pursuant to the
10196  Florida Civil Rights Act of 1992, is shall not be subject to
10197  control, supervision, or direction by the office Department of
10198  Management Services.
10199         Section 341. Subsection (5) of section 766.302, Florida
10200  Statutes, is amended to read:
10201         766.302 Definitions; ss. 766.301-766.316.—As used in ss.
10202  766.301-766.316, the term:
10203         (5) “Division” means the Division of Administrative
10204  Hearings of the Department of Management Services.
10205         Section 342. Section 768.1326, Florida Statutes, is amended
10206  to read:
10207         768.1326 Placement of automated external defibrillators in
10208  state buildings; rulemaking authority.—No later than January 1,
10209  2003, The State Surgeon General shall adopt rules to establish
10210  guidelines on the appropriate placement of automated external
10211  defibrillator devices in buildings or portions of buildings
10212  owned or leased by the state, and shall establish, by rule,
10213  recommendations on procedures for the deployment of automated
10214  external defibrillator devices in such buildings in accordance
10215  with the guidelines. The Secretary of Environmental Protection
10216  Management Services shall assist the State Surgeon General in
10217  the development of the guidelines. The guidelines for the
10218  placement of the automated external defibrillators must shall
10219  take into account the typical number of employees and visitors
10220  in the buildings, the extent of the need for security measures
10221  regarding the buildings, special circumstances in buildings or
10222  portions of buildings such as high electrical voltages or
10223  extreme heat or cold, and such other factors as the State
10224  Surgeon General and secretary of Management Services determine
10225  to be appropriate.
10226         (1) The State Surgeon General’s recommendations for
10227  deployment of automated external defibrillators in buildings or
10228  portions of buildings owned or leased by the state must shall
10229  include:
10230         (a)(1) A reference list of appropriate training courses in
10231  the use of such devices, including the role of cardiopulmonary
10232  resuscitation;
10233         (b)(2) The extent to which such devices may be used by
10234  laypersons;
10235         (c)(3) Manufacturer recommended maintenance and testing of
10236  the devices; and
10237         (d)(4) Coordination with local emergency medical services
10238  systems regarding the incidents of use of the devices.
10239         (2) In formulating these guidelines and recommendations,
10240  the State Surgeon General may consult with all appropriate
10241  public and private entities, including national and local public
10242  health organizations that seek to improve the survival rates of
10243  individuals who experience cardiac arrest.
10244         Section 343. Subsection (11) of section 943.03, Florida
10245  Statutes, is amended to read:
10246         943.03 Department of Law Enforcement.—
10247         (11) The department shall establish headquarters in
10248  Tallahassee. The Department of Environmental Protection
10249  Management Services shall furnish the department with proper and
10250  adequate housing for its operation.
10251         Section 344. Subsection (7) of section 943.0311, Florida
10252  Statutes, is amended to read:
10253         943.0311 Chief of Domestic Security; duties of the
10254  department with respect to domestic security.—
10255         (7) As used in this section, the term “state agency”
10256  includes the Agency for Health Care Administration, the Agency
10257  for Workforce Innovation, the Department of Agriculture and
10258  Consumer Services, the Department of Business and Professional
10259  Regulation, the Department of Children and Family Services, the
10260  Department of Citrus, the Department of Community Affairs, the
10261  Department of Corrections, the Department of Education, the
10262  Department of Elderly Affairs, the Department of Environmental
10263  Protection, the Department of Financial Services, the Department
10264  of Health, the Department of Highway Safety and Motor Vehicles,
10265  the Department of Juvenile Justice, the Department of Law
10266  Enforcement, the Department of Legal Affairs, the Department of
10267  Personnel Management Services, the Department of Military
10268  Affairs, the Department of Revenue, the Department of State, the
10269  Department of the Lottery, the Department of Transportation, the
10270  Department of Veterans’ Affairs, the Fish and Wildlife
10271  Conservation Commission, the Parole Commission, the State Board
10272  of Administration, and the Executive Office of the Governor.
10273         Section 345. Section 943.13, Florida Statutes, is amended
10274  to read:
10275         943.13 Officers’ minimum qualifications for employment or
10276  appointment.—On or after October 1, 1984, any person employed or
10277  appointed as a full-time, part-time, or auxiliary law
10278  enforcement officer or correctional officer; on or after October
10279  1, 1986, any person employed as a full-time, part-time, or
10280  auxiliary correctional probation officer; and on or after
10281  October 1, 1986, any person employed as a full-time, part-time,
10282  or auxiliary correctional officer by a private entity under
10283  contract to the Department of Corrections, to a county
10284  commission, or to the Department of Personnel Management must
10285  Services shall:
10286         (1) Be at least 19 years of age.
10287         (2) Be a citizen of the United States, notwithstanding any
10288  law of the state to the contrary.
10289         (3) Be a high school graduate or its “equivalent” as the
10290  commission has defined the term by rule.
10291         (4) Not have been convicted of any felony or of a
10292  misdemeanor involving perjury or a false statement, or have
10293  received a dishonorable discharge from any of the Armed Forces
10294  of the United States. Any person who, after July 1, 1981, pleads
10295  guilty or nolo contendere to or is found guilty of any felony or
10296  of a misdemeanor involving perjury or a false statement is not
10297  eligible for employment or appointment as an officer,
10298  notwithstanding suspension of sentence or withholding of
10299  adjudication. Notwithstanding this subsection, any person who
10300  has pled nolo contendere to a misdemeanor involving a false
10301  statement, before prior to December 1, 1985, and has had such
10302  record sealed or expunged may shall not be deemed ineligible for
10303  employment or appointment as an officer.
10304         (5) Have documentation of his or her processed fingerprints
10305  on file with the employing agency or, if a private correctional
10306  officer, have documentation of his or her processed fingerprints
10307  on file with the Department of Corrections or the Criminal
10308  Justice Standards and Training Commission. If administrative
10309  delays are caused by the department or the Federal Bureau of
10310  Investigation and the person has complied with subsections (1)
10311  (4) and (6)-(9), he or she may be employed or appointed for up
10312  to a period not to exceed 1 calendar year from the date he or
10313  she was employed or appointed or until return of the processed
10314  fingerprints documenting noncompliance with subsections (1)-(4)
10315  or subsection (7), whichever occurs first. Beginning January 15,
10316  2007, The department shall retain and enter into the statewide
10317  automated fingerprint identification system authorized by s.
10318  943.05 all fingerprints submitted to the department as required
10319  by this section. Thereafter, the fingerprints shall be available
10320  for all purposes and uses authorized for arrest fingerprint
10321  cards entered in the statewide automated fingerprint
10322  identification system pursuant to s. 943.051. The department
10323  shall search all arrest fingerprint cards received pursuant to
10324  s. 943.051 against the fingerprints retained in the statewide
10325  automated fingerprint identification system pursuant to this
10326  section and report to the employing agency any arrest records
10327  that are identified with the retained employee’s fingerprints.
10328  By January 1, 2008, a person who must meet minimum
10329  qualifications as provided in this section and whose
10330  fingerprints are not retained by the department pursuant to this
10331  section must be refingerprinted. These fingerprints must be
10332  forwarded to the department for processing and retention.
10333         (6) Have passed a physical examination by a licensed
10334  physician, physician assistant, or certified advanced registered
10335  nurse practitioner, based on specifications established by the
10336  commission. In order to be eligible for the presumption set
10337  forth in s. 112.18 while employed with an employing agency, a
10338  law enforcement officer, correctional officer, or correctional
10339  probation officer must have successfully passed the physical
10340  examination required by this subsection upon entering into
10341  service as a law enforcement officer, correctional officer, or
10342  correctional probation officer with the employing agency, which
10343  examination must have failed to reveal any evidence of
10344  tuberculosis, heart disease, or hypertension. A law enforcement
10345  officer, correctional officer, or correctional probation officer
10346  may not use a physical examination from a former employing
10347  agency for purposes of claiming the presumption set forth in s.
10348  112.18 against the current employing agency.
10349         (7) Have a good moral character as determined by a
10350  background investigation under procedures established by the
10351  commission.
10352         (8) Execute and submit to the employing agency or, if a
10353  private correctional officer, submit to the appropriate
10354  governmental entity an affidavit-of-applicant form, adopted by
10355  the commission, attesting to his or her compliance with
10356  subsections (1)-(7). The affidavit must shall be executed under
10357  oath and constitutes an official statement within the purview of
10358  s. 837.06. The affidavit must shall include conspicuous language
10359  that the intentional false execution of the affidavit
10360  constitutes a misdemeanor of the second degree. The affidavit
10361  shall be retained by the employing agency.
10362         (9) Complete a commission-approved basic recruit training
10363  program for the applicable criminal justice discipline, unless
10364  exempt under this subsection. An applicant who has:
10365         (a) Completed a comparable basic recruit training program
10366  for the applicable criminal justice discipline in another state
10367  or for the Federal Government; and
10368         (b) Served as a full-time sworn officer in another state or
10369  for the Federal Government for at least 1 year and provided
10370  there is no more than an 8-year break in employment, as measured
10371  from the separation date of the most recent qualifying
10372  employment to the time a complete application is submitted for
10373  an exemption under this section,
10374  
10375  is exempt in accordance with s. 943.131(2) from completing the
10376  commission-approved basic recruit training program.
10377         (10) Achieve an acceptable score on the officer
10378  certification examination for the applicable criminal justice
10379  discipline.
10380         (11) Comply with the continuing training or education
10381  requirements of s. 943.135.
10382         Section 346. Paragraph (i) of subsection (4) of section
10383  943.61, Florida Statutes, is amended to read:
10384         943.61 Powers and duties of the Capitol Police.—
10385         (4) The Capitol Police shall have the following
10386  responsibilities, powers, and duties:
10387         (i) To enforce rules of the Department of Environmental
10388  Protection Management Services governing the regulation of
10389  traffic and parking within the Capitol Complex and to impound
10390  illegally or wrongfully parked vehicles.
10391         Section 347. Section 943.66, Florida Statutes, is amended
10392  to read:
10393         943.66 Rules; Facilities Program, Capitol Police; traffic
10394  regulation.—The Capitol Police may enforce rules of the
10395  Department of Environmental Protection Management Services
10396  governing the administration, operation, and management of the
10397  Facilities Program and regulating traffic and parking at state
10398  owned buildings or on state-owned property and any local
10399  ordinance on the violation of such if such rules are not in
10400  conflict with any state law or county or municipal ordinance,
10401  and are not inconsistent with the other requirements of ss.
10402  943.61-943.68 or any security plan developed and approved
10403  thereunder.
10404         Section 348. Section 943.681, Florida Statutes, is amended
10405  to read:
10406         943.681 Capitol Police program; funding.—Funds shall be
10407  transferred quarterly, beginning July 1, 2002, by the Department
10408  of Environmental Protection Management Services, from the
10409  Supervision Trust Fund, to the Florida Department of Law
10410  Enforcement for the purpose of funding the Capitol Police
10411  program. Funds are provided from the office space rental
10412  receipts assessed to tenant agencies in the Florida Facilities
10413  Pool, based on the rental assessment mandated in s. 255.51.
10414  Transfers shall be based on the existing rental rate on July 1,
10415  2002, unless otherwise appropriated by the Legislature. This
10416  section does not Additionally, nothing herein shall limit the
10417  Capitol Police from providing for the safety and security needs
10418  of the archaeological, archival, and historic treasures and
10419  artifacts housed in the Historic Capitol or the R.A. Gray
10420  Building, as the official capitol repositories, from funds
10421  provided by the Department of State.
10422         Section 349. Subsection (4) of section 944.02, Florida
10423  Statutes, is amended to read:
10424         944.02 Definitions.—The following words and phrases used in
10425  this chapter shall, unless the context clearly indicates
10426  otherwise, have the following meanings:
10427         (4) “Elderly offender” means a prisoner age 50 or older in
10428  a state correctional institution or facility operated by the
10429  Department of Corrections or the Department of Financial
10430  Management Services.
10431         Section 350. Paragraph (a) of subsection (3) of section
10432  944.10, Florida Statutes, is amended to read:
10433         944.10 Department of Corrections to provide buildings; sale
10434  and purchase of land; contracts to provide services and inmate
10435  labor.—
10436         (3)(a) The department may enter into lease-purchase
10437  agreements to provide correctional facilities for the housing of
10438  state inmates. However, a no such lease-purchase agreement may
10439  not shall be entered into without specific legislative
10440  authorization of that agreement, and funds must be specifically
10441  appropriated for each lease-purchase agreement. The facilities
10442  provided through such agreements must shall meet the program
10443  plans and specifications of the department. The department may
10444  enter into such lease agreements with private corporations and
10445  other governmental entities. However, notwithstanding the
10446  provisions of s. 255.25(3)(a), the department may not enter into
10447  such lease agreement except upon advertisement for and receipt
10448  of competitive bids and award to the lowest and best bidder,
10449  unless the lease-purchase agreement is entered into with the
10450  Department of Environmental Protection Management Services, the
10451  Florida Correctional Finance Corporation, or the successors or
10452  assignees of either.
10453         Section 351. Paragraph (b) of subsection (2) of section
10454  944.115, Florida Statutes, is amended to read:
10455         944.115 Smoking prohibited inside state correctional
10456  facilities.—
10457         (2) As used in this section, the term:
10458         (b) “Employee” means an employee of the department or a
10459  private vendor in a contractual relationship with either the
10460  Department of Corrections or the Department of Financial
10461  Management Services, and includes persons such as contractors,
10462  volunteers, or law enforcement officers who are within a state
10463  correctional facility to perform a professional service.
10464         Section 352. Subsection (1) of section 944.713, Florida
10465  Statutes, is amended to read:
10466         944.713 Insurance against liability.—
10467         (1) A bidder must provide an adequate plan of insurance
10468  against liability, including liability for violations of an
10469  inmate’s civil rights by an insurance agency licensed in this
10470  state, pursuant to chapter 287. The insurance plan must shall,
10471  at a minimum, protect the department from actions of a third
10472  party, assure the private vendor’s ability to fulfill the
10473  conditions of the contract, and provide adequate protection for
10474  the department against claims arising as a result of any
10475  occurrence during the term of the contract on an occurrence
10476  basis. The adequacy of the insurance plan shall be determined,
10477  at the bidder’s expense, by an independent risk management or
10478  actuarial firm selected by the Department of Financial
10479  Management Services. The risk management or actuarial firm
10480  selected must have demonstrated experience in assessing public
10481  liability of state government.
10482         Section 353. Subsection (1) of section 944.72, Florida
10483  Statutes, is amended to read:
10484         944.72 Privately Operated Institutions Inmate Welfare Trust
10485  Fund.—
10486         (1) There is hereby created in the Department of
10487  Corrections The Privately Operated Institutions Inmate Welfare
10488  Trust Fund is created in the department. The purpose of the
10489  trust fund shall be the benefit and welfare of inmates
10490  incarcerated in private correctional facilities under contract
10491  with the department pursuant to this chapter or the Department
10492  of Financial Management Services pursuant to chapter 957. Moneys
10493  shall be deposited in the trust fund and expenditures made from
10494  the trust fund as provided in s. 945.215.
10495         Section 354. Section 944.8041, Florida Statutes, is amended
10496  to read:
10497         944.8041 Elderly offenders; annual review.—For the purpose
10498  of providing information to the Legislature on elderly offenders
10499  within the correctional system, the department and the
10500  Correctional Medical Authority shall each submit annually a
10501  report on the status and treatment of elderly offenders in the
10502  state-administered and private state correctional systems, as
10503  well as such information on the River Junction Correctional
10504  Institution. In order to adequately prepare the reports, the
10505  department and the Department of Financial Management Services
10506  shall grant access to the Correctional Medical Authority which
10507  includes access to the facilities, offenders, and any
10508  information the agencies require to complete their reports. The
10509  review must shall also include an examination of promising
10510  geriatric policies, practices, and programs currently
10511  implemented in other correctional systems within the United
10512  States. The reports, with specific findings and recommendations
10513  for implementation, shall be submitted to the President of the
10514  Senate and the Speaker of the House of Representatives on or
10515  before December 31 of each year.
10516         Section 355. Paragraphs (a) and (c) of subsection (2) of
10517  section 945.215, Florida Statutes, are amended to read:
10518         945.215 Inmate welfare and employee benefit trust funds.—
10519         (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
10520  FUND; PRIVATE CORRECTIONAL FACILITIES.—
10521         (a) For purposes of this subsection, privately operated
10522  institutions or private correctional facilities are those
10523  correctional facilities under contract with the department
10524  pursuant to chapter 944 or the Department of Financial
10525  Management Services pursuant to chapter 957.
10526         (c) The Department of Financial Management Services shall
10527  annually compile a report that documents Privately Operated
10528  Institutions Inmate Welfare Trust Fund receipts and expenditures
10529  at each private correctional facility. This report must
10530  specifically identify receipt sources and expenditures. The
10531  department of Management Services shall compile this report for
10532  the prior fiscal year and shall submit the report by September 1
10533  of each year to the chairs of the appropriate substantive and
10534  fiscal committees of the Senate and House of Representatives and
10535  to the Executive Office of the Governor.
10536         Section 356. Subsection (3) and paragraph (a) of subsection
10537  (6) of section 946.504, Florida Statutes, are amended to read:
10538         946.504 Organization of corporation to operate correctional
10539  work programs; lease of facilities.—
10540         (3) The corporation shall negotiate with the Department of
10541  Environmental Protection Management Services to reach and enter
10542  into an agreement for the lease of each correctional work
10543  program proposed by the corporation. The facilities to be leased
10544  and the amount of rental for such facilities shall be agreed
10545  upon by the Department of Environmental Protection Management
10546  Services and the corporation, with consultation with the
10547  department. The length of such lease shall be mutually agreed
10548  upon among the department, the Department of Environmental
10549  Protection Management Services, and the corporation; however,
10550  the initial lease may not exceed 7 years. The department shall
10551  continue to manage and operate the various correctional work
10552  programs until the lease between the department and the
10553  corporation is effective.
10554         (6)(a) Upon the effective date of each lease of each
10555  correctional work program, the department shall remit cause to
10556  be remitted to the corporation all funds appropriated for,
10557  associated with, or budgeted for the operation of that
10558  correctional work program, as agreed upon among the department,
10559  the Department of Environmental Protection Management Services,
10560  and the corporation.
10561         Section 357. Subsections (2) and (6) of section 946.515,
10562  Florida Statutes, are amended to read:
10563         946.515 Use of goods and services produced in correctional
10564  work programs.—
10565         (2) A No similar product or service of comparable price and
10566  quality found necessary for use by any state agency may not be
10567  purchased from any source other than the corporation if the
10568  corporation certifies that the product is manufactured by, or
10569  the service is provided by, inmates and the product or service
10570  meets the comparable performance specifications and comparable
10571  price and quality requirements as specified under s.
10572  287.042(1)(f) or as determined by an individual agency as
10573  provided in this section. The purchasing authority of any such
10574  state agency may make reasonable determinations of need, price,
10575  and quality with reference to products or services available
10576  from the corporation. If In the event of a dispute between the
10577  corporation and any purchasing authority based upon price or
10578  quality under this section or s. 287.042(1)(f), either party may
10579  request a hearing with the Department of Environmental
10580  Protection Management Services and if not resolved, either party
10581  may request a proceeding pursuant to ss. 120.569 and 120.57,
10582  which shall be referred to the Division of Administrative
10583  Hearings within 60 days after such request, to resolve any
10584  dispute under this section. No party is entitled to any appeal
10585  pursuant to s. 120.68.
10586         (6) If, pursuant to a contract between any legislative,
10587  executive, or judicial agency of the state and any private
10588  contract vendor, a product or service is required by the
10589  Department of Financial Management Services or on behalf of any
10590  state agency, is certified by or is available from the
10591  corporation identified in this chapter, and has been approved in
10592  accordance with subsection (2), the contract must contain the
10593  following language:
10594  
10595         IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY
10596         ARTICLES THAT WHICH ARE THE SUBJECT OF, OR REQUIRED TO
10597         CARRY OUT, THIS CONTRACT MUST SHALL BE PURCHASED FROM
10598         THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN
10599         THE SAME MANNER AND UNDER THE SAME PROCEDURES SET
10600         FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR
10601         PURPOSES OF THIS CONTRACT, THE PERSON, FIRM, OR OTHER
10602         BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
10603         CONTRACT IS SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
10604         AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE
10605         CONCERNED.
10606         Section 358. Section 946.525, Florida Statutes, is amended
10607  to read:
10608         946.525 Participation by the corporation in the state group
10609  health insurance and prescription drug programs.—
10610         (1) The board of directors of the corporation established
10611  under this part may apply for participation in the state group
10612  health insurance program authorized in s. 110.123 and the
10613  prescription drug coverage program authorized by s. 110.12315 by
10614  submitting an application along with a $500 nonrefundable fee to
10615  the Department of Personnel Management Services.
10616         (2) As a prerequisite to the adoption of a resolution for
10617  participation in the state group health insurance and
10618  prescription drug coverage program, the corporation shall seek
10619  proposals to provide health insurance and prescription drug
10620  coverages which coverages are equivalent to those offered
10621  currently by the corporation and coverages equivalent to the
10622  state group health insurance and prescription drug coverage
10623  program. The corporation shall review and consider all
10624  responsive proposals before prior to the adoption of any
10625  resolution for participation in the state group health insurance
10626  and prescription drug coverage program.
10627         (3) If the Department of Personnel Management Services
10628  determines that the corporation is eligible to enroll, the
10629  corporation must agree to the following terms and conditions:
10630         (a) The minimum enrollment or contractual period is will be
10631  3 years.
10632         (b) The corporation must pay to the department of
10633  Management Services an initial administrative fee not less than
10634  $2.61 per enrollee per month, or such other amount established
10635  annually to fully reimburse the department of Management
10636  Services for its costs.
10637         (c) Termination of participation of the corporation
10638  requires written notice 1 year before the termination date.
10639         (d) If participation is terminated, the corporation may not
10640  reapply for participation for a period of 2 years.
10641         (e) The corporation shall reimburse the state for 100
10642  percent of its costs, including administrative costs.
10643         (f) If the corporation fails to make the payments required
10644  by this section to fully reimburse the state, the Department of
10645  Revenue or the Department of Financial Services shall, upon the
10646  request of the Department of Personnel Management Services,
10647  deduct the amount owed by the employer from any funds to be
10648  distributed by it to the corporation. The amounts so deducted
10649  shall be transferred to the Department of Personnel Management
10650  Services for further distribution to the trust funds in
10651  accordance with this chapter.
10652         (g) The corporation shall furnish the Department of
10653  Personnel Management Services any information requested by the
10654  department of Management Services which the department of
10655  Management Services considers necessary to administer the state
10656  group health insurance program and the prescription drug
10657  program.
10658         (4) Sections The provisions of ss. 624.436-624.446 do not
10659  apply to the State Group Insurance Program or to this section.
10660         (5) The Department of Personnel Management Services may
10661  adopt rules necessary to administer this section.
10662         Section 359. Section 957.04, Florida Statutes, is amended
10663  to read:
10664         957.04 Contract requirements.—
10665         (1) A contract entered into under this chapter for the
10666  operation of private correctional facilities must shall maximize
10667  the cost savings of such facilities and shall:
10668         (a) Be negotiated with the firm found most qualified.
10669  However, a contract for private correctional services may not be
10670  entered into by the Department of Financial Management Services
10671  unless the Department of Financial Management Services
10672  determines that the contractor has demonstrated that it has:
10673         1. The qualifications, experience, and management personnel
10674  necessary to carry out the terms of the contract.
10675         2. The ability to expedite the siting, design, and
10676  construction of correctional facilities.
10677         3. The ability to comply with applicable laws, court
10678  orders, and national correctional standards.
10679         (b) Indemnify the state and the department, including their
10680  officials and agents, against any and all liability, including,
10681  but not limited to, civil rights liability. Proof of
10682  satisfactory insurance is required in an amount to be determined
10683  by the Department of Financial Management Services.
10684         (c) Require that the contractor seek, obtain, and maintain
10685  accreditation by the American Correctional Association for the
10686  facility under that contract. Compliance with amendments to the
10687  accreditation standards of the association is required upon the
10688  approval of such amendments by the commission.
10689         (d) Require that the proposed facilities and the management
10690  plans for the inmates meet applicable American Correctional
10691  Association standards and the requirements of all applicable
10692  court orders and state law.
10693         (e) Establish operations standards for correctional
10694  facilities subject to the contract. However, if the department
10695  and the contractor disagree with an operations standard, the
10696  contractor may propose to waive any rule, policy, or procedure
10697  of the department related to the operations standards of
10698  correctional facilities which is inconsistent with the mission
10699  of the contractor to establish cost-effective, privately
10700  operated correctional facilities. The Department of Financial
10701  Management Services is shall be responsible for considering all
10702  proposals from the contractor to waive any rule, policy, or
10703  procedure and shall render a final decision granting or denying
10704  such request.
10705         (f) Require the contractor to be responsible for a range of
10706  dental, medical, and psychological services; diet; education;
10707  and work programs at least equal to those provided by the
10708  department in comparable facilities. The work and education
10709  programs must be designed to reduce recidivism, and include
10710  opportunities to participate in such work programs as authorized
10711  pursuant to s. 946.523.
10712         (g) Require the selection and appointment of a full-time
10713  contract monitor. The contract monitor shall be appointed and
10714  supervised by the Department of Financial Management Services.
10715  The contractor is required to reimburse the Department of
10716  Financial Management Services for the salary and expenses of the
10717  contract monitor. It is the obligation of the contractor to
10718  provide suitable office space for the contract monitor at the
10719  correctional facility. The contract monitor shall have unlimited
10720  access to the correctional facility.
10721         (h) Be for a period of 3 years and may be renewed for
10722  successive 2-year periods thereafter. However, the state is not
10723  obligated for any payments to the contractor beyond current
10724  annual appropriations.
10725         (2) Each contract entered into for the design and
10726  construction of a private correctional facility or juvenile
10727  commitment facility must include:
10728         (a) Notwithstanding any provision of chapter 255 to the
10729  contrary, a specific provision authorizing the use of tax-exempt
10730  financing through the issuance of tax-exempt bonds, certificates
10731  of participation, lease-purchase agreements, or other tax-exempt
10732  financing methods. Pursuant to s. 255.25, approval is hereby
10733  provided for the lease-purchase of up to two private
10734  correctional facilities and any other facility authorized by the
10735  General Appropriations Act.
10736         (b) A specific provision requiring the design and
10737  construction of the proposed facilities to meet the applicable
10738  standards of the American Correctional Association and the
10739  requirements of all applicable court orders and state law.
10740         (c) A specific provision requiring the contractor, and not
10741  the Department of Financial Management Services, to obtain the
10742  financing required to design and construct the private
10743  correctional facility or juvenile commitment facility built
10744  under this chapter.
10745         (d) A specific provision stating that the state is not
10746  obligated for any payments that exceed the amount of the current
10747  annual appropriation.
10748         (3)(a) Each contract for the designing, financing,
10749  acquiring, leasing, constructing, and operating of a private
10750  correctional facility is shall be subject to ss. 255.2502 and
10751  255.2503.
10752         (b) Each contract for the designing, financing, acquiring,
10753  leasing, and constructing of a private juvenile commitment
10754  facility is shall be subject to ss. 255.2502 and 255.2503.
10755         (4) A contract entered into under this chapter does not
10756  accord third-party beneficiary status to any inmate or juvenile
10757  offender or to any member of the general public.
10758         (5) Each contract entered into by the Department of
10759  Financial Management Services must include substantial minority
10760  participation unless demonstrated by evidence, after a good
10761  faith effort, as impractical and must also include any other
10762  requirements the Department of Financial Management Services
10763  considers necessary and appropriate for carrying out the
10764  purposes of this chapter.
10765         (6) Notwithstanding s. 253.025(7), the Board of Trustees of
10766  the Internal Improvement Trust Fund need not approve a lease
10767  purchase agreement negotiated by the Department of Financial
10768  Management Services if the department of Management Services
10769  finds that there is a need to expedite the lease-purchase.
10770         (7)(a) Notwithstanding s. 253.025 or s. 287.057, if
10771  whenever the Department of Financial Management Services finds
10772  it to be in the best interest of timely site acquisition, it may
10773  contract without the need for competitive selection with one or
10774  more appraisers whose names are contained on the list of
10775  approved appraisers maintained by the Division of State Lands of
10776  the Department of Environmental Protection in accordance with s.
10777  253.025(6)(b). If In those instances when the Department of
10778  Management Services directly contracts for appraisal services,
10779  it shall also contract with an approved appraiser who is not
10780  employed by the same appraisal firm for review services.
10781         (b) Notwithstanding s. 253.025(6), the Department of
10782  Financial Management Services may negotiate and enter into
10783  lease-purchase agreements before an appraisal is obtained. Any
10784  such agreement must state that the final purchase price cannot
10785  exceed the maximum value allowed by law.
10786         Section 360. Subsection (2) of section 957.06, Florida
10787  Statutes, is amended to read:
10788         957.06 Powers and duties not delegable to contractor.—A
10789  contract entered into under this chapter does not authorize,
10790  allow, or imply a delegation of authority to the contractor to:
10791         (2) Choose the facility to which an inmate is initially
10792  assigned or subsequently transferred. The contractor may
10793  request, in writing, that an inmate be transferred to a facility
10794  operated by the department. The Department of Financial
10795  Management Services, the contractor, and the department shall
10796  develop and implement a cooperative agreement for transferring
10797  inmates between a correctional facility operated by the
10798  department and a private correctional facility. The department,
10799  the Department of Financial Management Services, and the
10800  contractor must comply with the cooperative agreement.
10801         Section 361. Subsection (1) and paragraph (d) of subsection
10802  (5) of section 957.07, Florida Statutes, are amended to read:
10803         957.07 Cost-saving requirements.—
10804         (1) The Department of Financial Management Services may not
10805  enter into a contract or series of contracts unless the
10806  department determines that the contract or series of contracts
10807  in total for the facility will result in a cost savings to the
10808  state of at least 7 percent over the public provision of a
10809  similar facility. Such cost savings, as determined by the
10810  Department of Financial Management Services, must be based upon
10811  the actual costs associated with the construction and operation
10812  of similar facilities or services as determined by the
10813  Department of Corrections and certified by the Auditor General.
10814  The Department of Corrections shall calculate all of the cost
10815  components that determine the inmate per diem in correctional
10816  facilities of a substantially similar size, type, and location
10817  that are operated by the department of Corrections, including
10818  administrative costs associated with central administration.
10819  Services that are provided to the Department of Corrections by
10820  other governmental agencies at no direct cost to the department
10821  shall be assigned an equivalent cost and included in the per
10822  diem.
10823         (5)
10824         (d) If a private vendor chooses not to renew the contract
10825  at the appropriated level, the Department of Financial
10826  Management Services shall terminate the contract as provided in
10827  s. 957.14.
10828         Section 362. Section 957.08, Florida Statutes, is amended
10829  to read:
10830         957.08 Capacity requirements.—The Department of Corrections
10831  shall transfer and assign prisoners to each private correctional
10832  facility opened pursuant to this chapter in an amount not less
10833  than 90 percent or more than 100 percent of the capacity of the
10834  facility pursuant to the contract with the Department of
10835  Financial Management Services. The prisoners transferred by the
10836  Department of Corrections must shall represent a cross-section
10837  of the general inmate population, based on the grade of custody
10838  or the offense of conviction, at the most comparable facility
10839  operated by the department.
10840         Section 363. Section 957.14, Florida Statutes, is amended
10841  to read:
10842         957.14 Contract termination and control of a correctional
10843  facility by the department.—A detailed plan shall be provided by
10844  a private vendor under which the department shall assume
10845  temporary control of a private correctional facility upon
10846  termination of the contract. The Department of Financial
10847  Management Services may terminate the contract with cause after
10848  written notice of material deficiencies and after 60 workdays in
10849  order to correct the material deficiencies. If any event occurs
10850  that involves the noncompliance with or violation of contract
10851  terms and that presents a serious threat to the safety, health,
10852  or security of the inmates, employees, or the public, the
10853  department may temporarily assume control of the private
10854  correctional facility, with the approval of the Department of
10855  Financial Management Services. A plan must shall also be
10856  provided by a private vendor for the purchase and temporary
10857  assumption of operations of a correctional facility by the
10858  department in the event of bankruptcy or the financial
10859  insolvency of the private vendor. The private vendor shall
10860  provide an emergency plan to address inmate disturbances,
10861  employee work stoppages, strikes, or other serious events in
10862  accordance with standards of the American Correctional
10863  Association.
10864         Section 364. Section 957.15, Florida Statutes, is amended
10865  to read:
10866         957.15 Funding of contracts for operation, maintenance, and
10867  lease-purchase of private correctional facilities.—The request
10868  for appropriation of funds to make payments pursuant to
10869  contracts entered into by the Department of Financial Management
10870  Services for the operation, maintenance, and lease-purchase of
10871  the private correctional facilities authorized by this chapter
10872  shall be made by the Department of Financial Management Services
10873  in a request to the department. The department shall include
10874  such request in its budget request to the Legislature as a
10875  separately identified item and shall forward the request of the
10876  Department of Financial Management Services without change.
10877  After an appropriation has been made by the Legislature to the
10878  department for the private correctional facilities, the
10879  department shall have no authority over such funds other than to
10880  pay from such appropriation to the appropriate private vendor
10881  such amounts as are certified for payment by the Department of
10882  Financial Management Services.
10883         Section 365. Section 957.16, Florida Statutes, is amended
10884  to read:
10885         957.16 Expanding capacity.—The Department of Financial
10886  Management Services may is authorized to modify and execute
10887  agreements with contractors to expand up to the total capacity
10888  of contracted correctional facilities. Total capacity means the
10889  design capacity of all contracted correctional facilities
10890  increased by one-half as described under s. 944.023(1)(b). Any
10891  additional beds authorized under this section must comply with
10892  the cost-saving requirements set forth in s. 957.07. Any
10893  additional beds authorized as a result of expanded capacity
10894  under this section are contingent upon specified appropriations.
10895         Section 366. Subsection (3) of section 1001.27, Florida
10896  Statutes, is amended to read:
10897         1001.27 State satellite network.—
10898         (3) The department, in consultation with the Department of
10899  Financial Management Services, shall implement the provisions of
10900  this section and coordinate the network. Specifically, the
10901  department shall:
10902         (a) Provide for technical analysis of suitable existing
10903  satellite receiving equipment at Florida public postsecondary
10904  educational institutions for inclusion in the network.
10905         (b) Acquire by competitive sealed bid and place appropriate
10906  receiving equipment in those community college regions of the
10907  state in which such equipment is presently not available at a
10908  public postsecondary educational institution.
10909         (c) Develop an implementation plan that provides for
10910  designation of a site in each community college region for
10911  inclusion in the initial network. Criteria for selection must
10912  shall include:
10913         1. Accessibility to a substantial portion of the population
10914  of the region.
10915         2. Demonstrated institutional commitment to support and
10916  encourage use of the network both within the region and
10917  statewide.
10918         3. Willingness to complement state support with matching
10919  institutional resources.
10920         4. Evidence of cooperation and coordinated planning with
10921  other postsecondary educational institutions in the region.
10922         5. Availability of existing telecommunications equipment
10923  which is compatible or adaptable for use in the network.
10924         (d) Identify additional sites for inclusion in the network
10925  in the event that demand exceeds the capacity of the initial
10926  network.
10927         (e) Coordinate scheduling and encourage use of the network.
10928         (f) Develop operating procedures for the system and
10929  recommend fee schedules for both public and private entities
10930  wishing to transmit or receive programming through the network.
10931  Scheduling procedures must shall assign the highest priority to
10932  educational programming.
10933         (g) Provide training for institutional, state agency, and
10934  other personnel in effective techniques for the use of the
10935  network.
10936         (h) Provide initial startup support for operations,
10937  maintenance, and publicity costs of the network. Continuation
10938  costs in these areas shall be recovered through user fees and
10939  local resources.
10940         Section 367. Paragraph (j) of subsection (12) of section
10941  1001.42, Florida Statutes, is amended to read:
10942         1001.42 Powers and duties of district school board.—The
10943  district school board, acting as a board, shall exercise all
10944  powers and perform all duties listed below:
10945         (12) FINANCE.—Take steps to assure students adequate
10946  educational facilities through the financial procedure
10947  authorized in chapters 1010 and 1011 and as prescribed below:
10948         (j) Purchasing regulations to be secured from Department of
10949  Financial Management Services.—Secure purchasing regulations and
10950  amendments and changes thereto from the Department of Financial
10951  Management Services and report prior to any expected purchase
10952  have reported to the department it by its staff, and give
10953  consideration to the lowest price available to it under such
10954  regulations, if provided a regulation applicable to the item or
10955  items being purchased has been adopted by the department. The
10956  department should meet with educational administrators to expand
10957  the inventory of standard items for common usage in all schools
10958  and postsecondary educational institutions.
10959         Section 368. Paragraph (b) of subsection (1) of section
10960  1001.705, Florida Statutes, is amended to read:
10961         1001.705 Responsibility for the State University System
10962  under s. 7, Art. IX of the State Constitution; legislative
10963  finding and intent.—
10964         (1) LEGISLATIVE FINDINGS.—
10965         (b) Constitutional duties of the Board of Governors of the
10966  State University System.—In accordance with s. 7, Art. IX of the
10967  State Constitution, the Board of Governors of the State
10968  University System has the duty to operate, regulate, control,
10969  and be fully responsible for the management of the whole
10970  publicly funded State University System and the board, or the
10971  board’s designee, has responsibility for:
10972         1. Defining the distinctive mission of each constituent
10973  university.
10974         2. Defining the articulation of each constituent university
10975  in conjunction with the Legislature’s authority over the public
10976  schools and community colleges.
10977         3. Ensuring the well-planned coordination and operation of
10978  the State University System.
10979         4. Avoiding wasteful duplication of facilities or programs
10980  within the State University System.
10981         5. Accounting for expenditure of funds appropriated by the
10982  Legislature for the State University System as provided by law.
10983         6. Submitting a budget request for legislative
10984  appropriations for the institutions under the supervision of the
10985  board as provided by law.
10986         7. Adopting strategic plans for the State University System
10987  and each constituent university.
10988         8. Approving, reviewing, and terminating degree programs of
10989  the State University System.
10990         9. Governing admissions to the state universities.
10991         10. Serving as the public employer to all public employees
10992  of state universities for collective bargaining purposes.
10993         11. Establishing a personnel system for all state
10994  university employees; however, the Department of Personnel
10995  Management Services shall retain authority over state university
10996  employees for programs established in ss. 110.123, 110.1232,
10997  110.1234, 110.1238, and 110.161, and in chapters 121, 122, and
10998  238.
10999         12. Complying with, and enforcing for institutions under
11000  the board’s jurisdiction, all applicable local, state, and
11001  federal laws.
11002         Section 369. Paragraph (b) of subsection (5) of section
11003  1001.706, Florida Statutes, is amended to read:
11004         1001.706 Powers and duties of the Board of Governors.—
11005         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
11006         (b) The Department of Personnel Management Services shall
11007  retain authority over state university employees for programs
11008  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
11009  110.161 and in chapters 121, 122, and 238. Unless specifically
11010  authorized by law, neither the Board of Governors nor a state
11011  university may offer group insurance programs for employees as a
11012  substitute for or as an alternative to the health insurance
11013  programs offered pursuant to chapter 110.
11014         Section 370. Paragraph (c) of subsection (5) of section
11015  1001.74, Florida Statutes, is amended to read:
11016         1001.74 Powers and duties of university boards of
11017  trustees.—
11018         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
11019         (c) The Department of Personnel Management Services shall
11020  retain authority over state university employees for programs
11021  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
11022  110.161 and in chapters 121, 122, and 238. Unless specifically
11023  authorized by law, neither the Board of Governors nor a state
11024  university may offer group insurance programs for employees as a
11025  substitute for or as an alternative to the health insurance
11026  programs offered pursuant to chapter 110.
11027         Section 371. Paragraph (f) of subsection (4) of section
11028  1002.36, Florida Statutes, is amended to read:
11029         1002.36 Florida School for the Deaf and the Blind.—
11030         (4) BOARD OF TRUSTEES.—
11031         (f) The board of trustees shall:
11032         1. Prepare and submit legislative budget requests for
11033  operations and fixed capital outlay, in accordance with chapter
11034  216 and ss. 1011.56 and 1013.60, to the Department of Education
11035  for review and approval. The department must analyze the amount
11036  requested for fixed capital outlay to determine if the request
11037  is consistent with the school’s campus master plan, educational
11038  plant survey, and facilities master plan. Projections of
11039  facility space needs may exceed the norm space and occupant
11040  design criteria established in the State Requirements for
11041  Educational Facilities.
11042         2. Approve and administer an annual operating budget in
11043  accordance with ss. 1011.56 and 1011.57.
11044         3. Require all funds received other than gifts, donations,
11045  bequests, funds raised by or belonging to student clubs or
11046  student organizations, and funds held for specific students or
11047  in accounts for individual students to be deposited in the State
11048  Treasury and expended as authorized in the General
11049  Appropriations Act.
11050         4. Require all purchases to be in accordance with the
11051  provisions of chapter 287 except for purchases made with funds
11052  received as gifts, donations, or bequests; funds raised by or
11053  belonging to student clubs or student organizations; or funds
11054  held for specific students or in accounts for individual
11055  students.
11056         5. Administer and maintain personnel programs for all
11057  employees of the board of trustees and the Florida School for
11058  the Deaf and the Blind who are shall be state employees,
11059  including the personnel classification and pay plan established
11060  in accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
11061  academic and academic administrative personnel, the provisions
11062  of chapter 110, and the provisions of law that grant authority
11063  to the Department of Personnel Management Services over such
11064  programs for state employees.
11065         6. Give preference in appointment and retention in
11066  positions of employment as provided in within s. 295.07(1).
11067         7. Ensure that the Florida School for the Deaf and the
11068  Blind complies with s. 1013.351 concerning the coordination of
11069  planning between the Florida School for the Deaf and the Blind
11070  and local governing bodies.
11071         8. Ensure that the Florida School for the Deaf and the
11072  Blind complies with s. 112.061 concerning per diem and travel
11073  expenses of public officers, employees, and authorized persons
11074  with respect to all funds other than funds received as gifts,
11075  donations, or bequests; funds raised by or belonging to student
11076  clubs or student organizations; or funds held for specific
11077  students or in accounts for individual students.
11078         9. Adopt a master plan that which specifies the mission and
11079  objectives of the Florida School for the Deaf and the Blind. The
11080  plan must shall include, but not be limited to, procedures for
11081  systematically measuring the school’s progress toward meeting
11082  its objectives, analyzing changes in the student population, and
11083  modifying school programs and services to respond to such
11084  changes. The plan shall be for a period of 5 years and shall be
11085  reviewed for needed modifications every 2 years. The board of
11086  trustees shall submit the initial plan and subsequent
11087  modifications to the Speaker of the House of Representatives and
11088  the President of the Senate.
11089         10. Designate a portion of the school as “The Verle Allyn
11090  Pope Complex for the Deaf,” in tribute to the late Senator Verle
11091  Allyn Pope.
11092         Section 372. Paragraph (f) of subsection (2) of section
11093  1002.37, Florida Statutes, is amended to read:
11094         1002.37 The Florida Virtual School.—
11095         (2) The Florida Virtual School shall be governed by a board
11096  of trustees comprised of seven members appointed by the Governor
11097  to 4-year staggered terms. The board of trustees shall be a
11098  public agency entitled to sovereign immunity pursuant to s.
11099  768.28, and board members shall be public officers who shall
11100  bear fiduciary responsibility for the Florida Virtual School.
11101  The board of trustees shall have the following powers and
11102  duties:
11103         (f) In accordance with law and rules of the State Board of
11104  Education, the board of trustees shall administer and maintain
11105  personnel programs for all employees of the board of trustees
11106  and the Florida Virtual School. The board of trustees may adopt
11107  rules, policies, and procedures related to the appointment,
11108  employment, and removal of personnel.
11109         1. The board of trustees shall determine the compensation,
11110  including salaries and fringe benefits, and other conditions of
11111  employment for such personnel.
11112         2. The board of trustees may establish and maintain a
11113  personnel loan or exchange program by which persons employed by
11114  the board of trustees for the Florida Virtual School as academic
11115  administrative and instructional staff may be loaned to, or
11116  exchanged with persons employed in like capacities by, public
11117  agencies either within or without this state, or by private
11118  industry. With respect to public agency employees, the program
11119  must authorized by this subparagraph shall be consistent with
11120  the requirements of part II of chapter 112. The salary and
11121  benefits of board of trustees personnel participating in the
11122  loan or exchange program shall be continued during the period of
11123  time they participate in a loan or exchange program, and such
11124  personnel shall be deemed to not have a no break in creditable
11125  or continuous service or employment during such time. The salary
11126  and benefits of persons participating in the personnel loan or
11127  exchange program who are employed by public agencies or private
11128  industry shall be paid by the originating employers of those
11129  participants, and such personnel are shall be deemed to have no
11130  break in creditable or continuous service or employment during
11131  such time.
11132         3. The employment of all Florida Virtual School academic
11133  administrative and instructional personnel is shall be subject
11134  to rejection for cause by the board of trustees, and shall be
11135  subject to policies of the board of trustees relative to
11136  certification, tenure, leaves of absence, sabbaticals,
11137  remuneration, and such other conditions of employment as the
11138  board of trustees deems necessary and proper, not inconsistent
11139  with law.
11140         4. Each person employed by the board of trustees in an
11141  academic administrative or instructional capacity with the
11142  Florida Virtual School is shall be entitled to a contract as
11143  provided by rules of the board of trustees.
11144         5. All employees except temporary, seasonal, and student
11145  employees may be state employees for the purpose of being
11146  eligible to participate in the Florida Retirement System and
11147  receive benefits. The classification and pay plan, including
11148  terminal leave and other benefits are, and any amendments
11149  thereto, shall be subject to review and approval by the
11150  Department of Personnel Management Services and the Executive
11151  Office of the Governor before prior to adoption.
11152  
11153  The Governor shall designate the initial chair of the board of
11154  trustees to serve a term of 4 years. Members of the board of
11155  trustees shall serve without compensation, but may be reimbursed
11156  for per diem and travel expenses pursuant to s. 112.061. The
11157  board of trustees shall be a body corporate with all the powers
11158  of a body corporate and such authority as is needed for the
11159  proper operation and improvement of the Florida Virtual School.
11160  The board of trustees is specifically authorized to adopt rules,
11161  policies, and procedures, consistent with law and rules of the
11162  State Board of Education related to governance, personnel,
11163  budget and finance, administration, programs, curriculum and
11164  instruction, travel and purchasing, technology, students,
11165  contracts and grants, and property as necessary for optimal,
11166  efficient operation of the Florida Virtual School. Tangible
11167  personal property owned by the board of trustees shall be
11168  subject to the provisions of chapter 273.
11169         Section 373. Paragraph (c) of subsection (2) of section
11170  1004.58, Florida Statutes, is amended to read:
11171         1004.58 Leadership Board for Applied Research and Public
11172  Service.—
11173         (2) Membership of the board shall be:
11174         (c) The executive director secretary of Personnel
11175  Management the Department of Management Services.
11176         Section 374. Paragraph (f) of subsection (3) and paragraph
11177  (a) of subsection (6) of section 1012.33, Florida Statutes, are
11178  amended to read:
11179         1012.33 Contracts with instructional staff, supervisors,
11180  and school principals.—
11181         (3)
11182         (f) The district school superintendent shall notify an
11183  employee who holds a professional service contract on July 1,
11184  1997, in writing, within no later than 6 weeks before prior to
11185  the end of the postschool conference period, of performance
11186  deficiencies which may result in termination of employment, if
11187  not corrected during the subsequent year of employment, (which
11188  shall be granted for an additional year in accordance with the
11189  provisions in subsection (1)). Except as otherwise hereinafter
11190  provided, this action is shall not be subject to the provisions
11191  of chapter 120, but the following procedures shall apply:
11192         1. On receiving notice of unsatisfactory performance, the
11193  employee, on request, shall be accorded an opportunity to meet
11194  with the district school superintendent, or a his or her
11195  designee, for an informal review of the determination of
11196  unsatisfactory performance.
11197         2. An employee notified of unsatisfactory performance may
11198  request an opportunity to be considered for a transfer to
11199  another appropriate position, with a different supervising
11200  administrator, for the subsequent year of employment. If the
11201  request for the transfer is granted, the district school
11202  superintendent shall annually report to the department the total
11203  number of employees transferred pursuant to this subparagraph,
11204  where they were transferred, and what, if any, remediation was
11205  implemented to remediate the unsatisfactory performance.
11206         3. During the subsequent year, the employee shall be
11207  provided assistance and inservice training opportunities to help
11208  correct the noted performance deficiencies. The employee shall
11209  also be evaluated periodically so that he or she will be kept
11210  apprised of progress achieved.
11211         4. At least Not later than 6 weeks before prior to the
11212  close of the postschool conference period of the subsequent
11213  year, the district school superintendent, after receiving and
11214  reviewing the recommendation required by s. 1012.34, shall
11215  notify the employee, in writing, whether the performance
11216  deficiencies have been corrected. If so, a new professional
11217  service contract shall be issued to the employee. If the
11218  performance deficiencies have not been corrected, the district
11219  school superintendent may notify the district school board and
11220  the employee, in writing, that the employee shall not be issued
11221  a new professional service contract; however, if the
11222  recommendation of the district school superintendent is not to
11223  issue a new professional service contract, and if the employee
11224  wishes to contest such recommendation, the employee will have 15
11225  days from receipt of the district school superintendent’s
11226  recommendation to demand, in writing, a hearing. In such
11227  hearing, the employee may raise as an issue, among other things,
11228  the sufficiency of the district school superintendent’s charges
11229  of unsatisfactory performance. Such hearing shall be conducted
11230  at the district school board’s election in accordance with one
11231  of the following procedures:
11232         a. A direct hearing conducted by the district school board
11233  within 60 days after of receipt of the written appeal. The
11234  hearing shall be conducted in accordance with the provisions of
11235  ss. 120.569 and 120.57. A majority vote of the membership of the
11236  district school board is shall be required to sustain the
11237  district school superintendent’s recommendation. The
11238  determination of the district school board is shall be final as
11239  to the sufficiency or insufficiency of the grounds for
11240  termination of employment; or
11241         b. A hearing conducted by an administrative law judge
11242  assigned by the Division of Administrative Hearings of the
11243  Department of Management Services. The hearing must shall be
11244  conducted within 60 days after of receipt of the written appeal
11245  in accordance with chapter 120. The recommendation of the
11246  administrative law judge shall be made to the district school
11247  board. A majority vote of the membership of the district school
11248  board is shall be required to sustain or change the
11249  administrative law judge’s recommendation. The determination of
11250  the district school board is shall be final as to the
11251  sufficiency or insufficiency of the grounds for termination of
11252  employment.
11253         (6)(a) Any member of the instructional staff, excluding an
11254  employee specified in subsection (4), may be suspended or
11255  dismissed at any time during the term of the contract for just
11256  cause as provided in paragraph (1)(a). The district school board
11257  must notify the employee in writing whenever charges are made
11258  against the employee and may suspend such person without pay;
11259  however but, if the charges are not sustained, the employee must
11260  shall be immediately reinstated, and his or her back salary
11261  shall be paid. If the employee wishes to contest the charges,
11262  the employee must, within 15 days after receipt of the written
11263  notice, submit a written request for a hearing. Such hearing
11264  shall be conducted at the district school board’s election in
11265  accordance with one of the following procedures:
11266         1. A direct hearing conducted by the district school board
11267  within 60 days after receipt of the written appeal. The hearing
11268  shall be conducted in accordance with the provisions of ss.
11269  120.569 and 120.57. A majority vote of the membership of the
11270  district school board is shall be required to sustain the
11271  district school superintendent’s recommendation. The
11272  determination of the district school board is shall be final as
11273  to the sufficiency or insufficiency of the grounds for
11274  termination of employment; or
11275         2. A hearing conducted by an administrative law judge
11276  assigned by the Division of Administrative Hearings of the
11277  Department of Management Services. The hearing shall be
11278  conducted within 60 days after receipt of the written appeal in
11279  accordance with chapter 120. The recommendation of the
11280  administrative law judge shall be made to the district school
11281  board. A majority vote of the membership of the district school
11282  board is shall be required to sustain or change the
11283  administrative law judge’s recommendation. The determination of
11284  the district school board is shall be final as to the
11285  sufficiency or insufficiency of the grounds for termination of
11286  employment.
11287  
11288  Any such decision adverse to the employee may be appealed by the
11289  employee pursuant to s. 120.68, provided such appeal is filed
11290  within 30 days after the decision of the district school board.
11291         Section 375. Paragraph (d) of subsection (3) of section
11292  1012.34, Florida Statutes, is amended to read:
11293         1012.34 Assessment procedures and criteria.—
11294         (3) The assessment procedure for instructional personnel
11295  and school administrators must be primarily based on the
11296  performance of students assigned to their classrooms or schools,
11297  as appropriate. Pursuant to this section, a school district’s
11298  performance assessment is not limited to basing unsatisfactory
11299  performance of instructional personnel and school administrators
11300  upon student performance, but may include other criteria
11301  approved to assess instructional personnel and school
11302  administrators’ performance, or any combination of student
11303  performance and other approved criteria. The procedures must
11304  comply with, but are not limited to, the following requirements:
11305         (d) If an employee is not performing his or her duties in a
11306  satisfactory manner, the evaluator shall notify the employee in
11307  writing of such determination. The notice must describe such
11308  unsatisfactory performance and include notice of the following
11309  procedural requirements:
11310         1. Upon delivery of a notice of unsatisfactory performance,
11311  the evaluator must confer with the employee, make
11312  recommendations with respect to specific areas of unsatisfactory
11313  performance, and provide assistance in helping to correct
11314  deficiencies within a prescribed period of time.
11315         2.a. If the employee holds a professional service contract
11316  as provided in s. 1012.33, the employee shall be placed on
11317  performance probation and governed by the provisions of this
11318  section for 90 calendar days following the receipt of the notice
11319  of unsatisfactory performance to demonstrate corrective action.
11320  School holidays and school vacation periods are not counted when
11321  calculating the 90-calendar-day period. During the 90 calendar
11322  days, the employee who holds a professional service contract
11323  must be evaluated periodically and apprised of progress achieved
11324  and must be provided assistance and inservice training
11325  opportunities to help correct the noted performance
11326  deficiencies. At any time during the 90 calendar days, the
11327  employee who holds a professional service contract may request a
11328  transfer to another appropriate position with a different
11329  supervising administrator; however, a transfer does not extend
11330  the period for correcting performance deficiencies.
11331         b. Within 14 days after the close of the 90 calendar days,
11332  the evaluator must assess whether the performance deficiencies
11333  have been corrected and forward a recommendation to the district
11334  school superintendent. Within 14 days after receiving the
11335  evaluator’s recommendation, the district school superintendent
11336  must notify the employee who holds a professional service
11337  contract in writing whether the performance deficiencies have
11338  been satisfactorily corrected and whether the district school
11339  superintendent will recommend that the district school board
11340  continue or terminate his or her employment contract. If the
11341  employee wishes to contest the district school superintendent’s
11342  recommendation, the employee must, within 15 days after receipt
11343  of the district school superintendent’s recommendation, submit a
11344  written request for a hearing. The hearing shall be conducted at
11345  the district school board’s election in accordance with one of
11346  the following procedures:
11347         (I) A direct hearing conducted by the district school board
11348  within 60 days after receipt of the written appeal. The hearing
11349  shall be conducted in accordance with the provisions of ss.
11350  120.569 and 120.57. A majority vote of the membership of the
11351  district school board is shall be required to sustain the
11352  district school superintendent’s recommendation. The
11353  determination of the district school board is shall be final as
11354  to the sufficiency or insufficiency of the grounds for
11355  termination of employment; or
11356         (II) A hearing conducted by an administrative law judge
11357  assigned by the Division of Administrative Hearings of the
11358  Department of Management Services. The hearing shall be
11359  conducted within 60 days after receipt of the written appeal in
11360  accordance with chapter 120. The recommendation of the
11361  administrative law judge shall be made to the district school
11362  board. A majority vote of the membership of the district school
11363  board is shall be required to sustain or change the
11364  administrative law judge’s recommendation. The determination of
11365  the district school board is shall be final as to the
11366  sufficiency or insufficiency of the grounds for termination of
11367  employment.
11368         Section 376. Paragraph (d) of subsection (2) of section
11369  1012.61, Florida Statutes, is amended to read:
11370         1012.61 Sick leave.—
11371         (2) PROVISIONS GOVERNING SICK LEAVE.—The following
11372  provisions shall govern sick leave:
11373         (d) Expenditure authorized.—District school boards may
11374  expend public funds for payment to employees on account of
11375  sickness. The expending and excluding of such funds shall be in
11376  compliance with rules adopted by the Department of Personnel
11377  Management Services pursuant to chapter 650.
11378         Section 377. Subsection (6) of section 1012.796, Florida
11379  Statutes, is amended to read:
11380         1012.796 Complaints against teachers and administrators;
11381  procedure; penalties.—
11382         (6) Upon the finding of probable cause, the commissioner
11383  shall file a formal complaint and prosecute the complaint
11384  pursuant to the provisions of chapter 120. An administrative law
11385  judge shall be assigned by the Division of Administrative
11386  Hearings of the Department of Management Services to hear the
11387  complaint if there are disputed issues of material fact. The
11388  administrative law judge shall make recommendations in
11389  accordance with the provisions of subsection (7) to the
11390  appropriate Education Practices Commission panel which shall
11391  conduct a formal review of such recommendations and other
11392  pertinent information and issue a final order. The commission
11393  shall consult with its legal counsel before prior to issuance of
11394  a final order.
11395         Section 378. Subsection (5) of section 1012.865, Florida
11396  Statutes, is amended to read:
11397         1012.865 Sick leave.—Each community college board of
11398  trustees shall adopt rules whereby any full-time employee who is
11399  unable to perform his or her duties at the community college on
11400  account of personal sickness, accident disability, or extended
11401  personal illness, or because of illness or death of the
11402  employee’s father, mother, brother, sister, husband, wife,
11403  child, or other close relative or member of the employee’s own
11404  household, and who consequently has to be absent from work shall
11405  be granted leave of absence for sickness by the president or by
11406  the president’s designated representative. The following
11407  provisions shall govern sick leave:
11408         (5) EXPENDITURE AUTHORIZED.—Community college boards of
11409  trustees may expend public funds for payment to employees on
11410  account of sickness. The expending and excluding of such funds
11411  must comply shall be in compliance with rules adopted by the
11412  Department of Personnel Management Services pursuant to chapter
11413  650.
11414         Section 379. Paragraph (c) of subsection (1) of section
11415  1012.875, Florida Statutes, is amended to read:
11416         1012.875 State Community College System Optional Retirement
11417  Program.—Each community college may implement an optional
11418  retirement program, if such program is established therefor
11419  pursuant to s. 1001.64(20), under which annuity or other
11420  contracts providing retirement and death benefits may be
11421  purchased by, and on behalf of, eligible employees who
11422  participate in the program, in accordance with s. 403(b) of the
11423  Internal Revenue Code. Except as otherwise provided herein, this
11424  retirement program, which shall be known as the State Community
11425  College System Optional Retirement Program, may be implemented
11426  and administered only by an individual community college or by a
11427  consortium of community colleges.
11428         (1) As used in this section, the term:
11429         (c) “Department” means the Department of Personnel
11430  Management Services.
11431         Section 380. Subsection (7) of section 1013.03, Florida
11432  Statutes, is amended to read:
11433         1013.03 Functions of the department and the Board of
11434  Governors.—The functions of the Department of Education as it
11435  pertains to educational facilities of school districts and
11436  community colleges and of the Board of Governors as it pertains
11437  to educational facilities of state universities shall include,
11438  but not be limited to, the following:
11439         (7) Provide training, technical assistance, and building
11440  code interpretation for requirements of the mandatory Florida
11441  Building Code for the educational facilities construction and
11442  capital improvement programs of the community college boards and
11443  district school boards and, upon request, approve phase III
11444  construction documents for remodeling, renovation, or new
11445  construction of educational plants or ancillary facilities,
11446  except that university boards of trustees shall approve
11447  specifications and construction documents for their respective
11448  institutions pursuant to guidelines of the Board of Governors.
11449  The Department of Environmental Protection Management Services
11450  may, upon request, provide similar services for the Florida
11451  School for the Deaf and the Blind and shall use the Florida
11452  Building Code and the Florida Fire Prevention Code.
11453         Section 381. Paragraph (d) of subsection (3) of section
11454  1013.23, Florida Statutes, is amended to read:
11455         1013.23 Energy efficiency contracting.—
11456         (3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.—
11457         (d) Prior to the design and installation of the energy
11458  conservation measure, the district school board, community
11459  college board of trustees, or state university board of trustees
11460  must obtain from the energy performance contractor a report that
11461  discloses all costs associated with the energy conservation
11462  measure and provides an estimate of the amount of the energy
11463  cost savings. The report must be reviewed by either the
11464  Department of Education or the Department of Financial
11465  Management Services or signed and sealed by a registered
11466  professional engineer.
11467         Section 382. Subsection (8) of section 1013.30, Florida
11468  Statutes, is amended to read:
11469         1013.30 University campus master plans and campus
11470  development agreements.—
11471         (8) Following receipt of a petition challenging a campus
11472  master plan or plan amendment, the university board of trustees
11473  must submit the petition to the Division of Administrative
11474  Hearings of the Department of Management Services for assignment
11475  to an administrative law judge under ss. 120.569 and 120.57.
11476         (a) If a party to the proceeding requests mediation, the
11477  parties have up to no more than 30 days to resolve any issue in
11478  dispute. The costs of the mediation must be borne equally by all
11479  of the parties to the proceeding.
11480         (b) If the matter is not resolved within 30 days, the
11481  administrative law judge shall proceed with a hearing under ss.
11482  120.569 and 120.57. The hearing shall be held in the county
11483  where the campus of the university subject to the amendment is
11484  located. Within 60 days after receiving the petition, the
11485  administrative law judge must, consistent with the applicable
11486  requirements and procedures of the Administrative Procedure Act,
11487  hold a hearing pursuant to chapter 120, identify the issues
11488  remaining in dispute, prepare a record of the proceedings, and
11489  submit a recommended order to the state land planning agency for
11490  final action. Parties to the proceeding may submit written
11491  exceptions to the recommended order within 10 days after the
11492  recommended order is issued. The state land planning agency must
11493  issue its final order within no later than 60 days after
11494  receiving the recommended order.
11495         (c) The final order of the state land planning agency is
11496  subject to judicial review as provided in s. 120.68.
11497         (d) The signature of an attorney or party constitutes a
11498  certificate that he or she has read the pleading, motion, or
11499  other paper and that, to the best of his or her knowledge,
11500  information, and belief formed after reasonable inquiry, it is
11501  not interposed for any improper purpose, such as to harass or to
11502  cause unnecessary delay, or for economic advantage, competitive
11503  reasons, frivolous purposes, or needless increase in the cost of
11504  litigation. If a pleading, motion, or other paper is signed in
11505  violation of these requirements, the division, upon motion or
11506  its own initiative, shall impose upon either the person who
11507  signed it or a represented party, or both, an appropriate
11508  sanction, which may include an order to pay to the other party
11509  or parties the amount of reasonable expenses incurred because of
11510  the filing of the pleading, motion, or other paper, including
11511  reasonable attorney’s fees.
11512         Section 383. Subsection (3) of section 1013.38, Florida
11513  Statutes, is amended to read:
11514         1013.38 Boards to ensure that facilities comply with
11515  building codes and life safety codes.—
11516         (3) The Department of Environmental Protection Management
11517  Services may, upon request, provide facilities services for the
11518  Florida School for the Deaf and the Blind, the Division of Blind
11519  Services, and public broadcasting. As used in this section, the
11520  term “facilities services” means project management, code and
11521  design plan review, and code compliance inspection for projects
11522  as defined in s. 287.017(1)(e).
11523         Section 384. During the 2010-2011 fiscal year, the
11524  Department of Environmental Protection shall coordinate with all
11525  state agencies to identify each state agency’s total number of
11526  positions and resources related to real estate leasing, as well
11527  as facilities operations and maintenance. Agencies must submit
11528  the information to the department no later than August 1, 2010.
11529  By September 1, 2010, the department shall submit a plan to
11530  centralize all real estate leasing and facilities operations and
11531  maintenance to the Executive Office of the Governor, the
11532  President of the Senate, and the Speaker of the House of
11533  Representatives. Such information shall be included in each
11534  agency’s legislative budget request for the 2011-2012 fiscal
11535  year as a transfer to the Department of Asset Management. This
11536  section expires July 1, 2011.
11537         Section 385. Effective July 1, 2011, section 20.51, Florida
11538  Statutes, is created to read:
11539         20.51 Department of Asset Management.—The Department of
11540  Asset Management is created.
11541         (1) The head of the department is the Governor and Cabinet.
11542  The Governor and Cabinet shall appoint an executive director,
11543  subject to confirmation by the Senate, who shall serve at the
11544  pleasure of the Governor and Cabinet.
11545         (2) The Division of Facilities is established in the
11546  department.
11547         Section 386. Effective July 1, 2011, all powers, duties,
11548  functions, records, offices, personnel, property, pending
11549  issues, and existing contracts, administrative authority,
11550  administrative rules, and unexpended balances of appropriations,
11551  allocations, and other funds relating to the Facilities program
11552  transferred to the Department of Environmental Protection by
11553  section 1 of this act, and relating to the Division of
11554  Facilities Management and Building Construction established
11555  under s. 20.255(3)(i), Florida Statutes, are transferred to the
11556  Department of Asset Management by a type two transfer, as
11557  defined in s. 20.06(1), Florida Statutes.
11558         Section 387. Except as otherwise expressly provided in this
11559  act, this act shall take effect July 1, 2010.

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