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       Florida Senate - 2010                                    SB 1412
       By Senator Haridopolos
       26-00883-10                                           20101412__
    1                        A bill to be entitled                      
    2         An act relating to obsolete or outdated agency plans,
    3         reports, and programs; repealing s. 14.25, F.S.,
    4         relating to the Florida State Commission on Hispanic
    5         Affairs; amending s. 14.26, F.S.; revising reporting
    6         requirements of the Citizen’s Assistance Office;
    7         repealing s. 14.27, F.S., relating to the Florida
    8         Commission on African-American Affairs; repealing s.
    9         16.58, F.S., relating to the Florida Legal Resource
   10         Center; amending s. 17.32, F.S.; revising the
   11         recipients of the annual report of trust funds by the
   12         Chief Financial Officer; amending s. 17.325, F.S.;
   13         deleting a reporting requirement relating to the
   14         governmental efficiency hotline; amending s. 20.057,
   15         F.S.; deleting a reporting requirement of the Governor
   16         relating to interagency agreements to delete
   17         duplication of inspections; repealing s. 20.316(4)(e),
   18         (f), and (g), F.S., relating to information systems of
   19         the Department of Juvenile Justice; amending s. 20.43,
   20         F.S.; revising provisions relating to planning by the
   21         Department of Health; amending s. 39.4086, F.S.;
   22         deleting provisions relating to a report by the State
   23         Courts Administrator on a guardian ad litem program
   24         for dependent children; amending s. 98.255, F.S.;
   25         deleting provisions relating to a report on the
   26         effectiveness of voter education programs; amending s.
   27         110.1227, F.S.; revising provisions relating to a
   28         report by the board of directors of the Florida Long
   29         Term-Care Plan; amending s. 120.542, F.S.; deleting
   30         provisions relating to reports of petitions filed for
   31         variances to agency rules; amending s. 121.45, F.S.;
   32         deleting provisions relating to reports on interstate
   33         compacts relating to pension portability; repealing s.
   34         153.952, F.S., relating to legislative findings and
   35         intent concerning privately owned wastewater systems
   36         and facilities; amending s. 161.053, F.S.; deleting a
   37         provision relating to a report on the coastal
   38         construction control line; amending s. 161.161, F.S.;
   39         deleting a provision requiring a report on funding for
   40         beach erosion control; repealing s. 163.2526, F.S.,
   41         relating to the review and evaluation of urban infill;
   42         amending s. 163.3167, F.S.; deleting provisions
   43         relating to local government comprehensive plans;
   44         amending s. 163.3177, F.S.; revising requirements for
   45         comprehensive plans; amending s. 163.3178, F.S.;
   46         deleting a duty of the Coastal Resources Interagency
   47         Management Committee to submit certain
   48         recommendations; repealing s. 163.519(12), F.S.,
   49         relating to the requirement for a report on
   50         neighborhood improvement districts by the Department
   51         of Legal Affairs; repealing s. 186.007(9), F.S.;
   52         deleting provisions relating to a committee to
   53         recommend to the Governor changes in the state
   54         comprehensive plan; amending ss. 189.4035 and 189.412,
   55         F.S.; revising requirements relating to dissemination
   56         of the official list of special districts; amending s.
   57         194.034, F.S.; deleting a requirement that the
   58         Department of Revenue be notified of certain decisions
   59         of value adjustment boards; amending s. 206.606, F.S.;
   60         revising provisions relating to a report on the
   61         Florida Boating Improvement Program; amending s.
   62         212.054, F.S.; deleting the requirement for a report
   63         on costs of administering the discretionary sales
   64         surtax; amending s. 212.08, F.S.; deleting a
   65         requirement for a report on the sales tax exemption
   66         for machinery and equipment used in semiconductor,
   67         defense, or space technology production and research
   68         and development; repealing s. 213.0452, F.S., relating
   69         to a report on the structure of the Department of
   70         Revenue; repealing s. 213.054, F.S., relating to
   71         monitoring and reporting regarding persons claiming
   72         tax exemptions; amending s. 215.70, F.S.; requiring
   73         the State Board of Administration to report to the
   74         Governor when funds need to be appropriated to honor
   75         the full faith and credit of the state; amending s.
   76         216.011, F.S.; redefining the term “long-range program
   77         plan”; repealing s. 216.181(10)(c), F.S., relating to
   78         reports of filled and vacant positions and salaries;
   79         amending s. 252.55, F.S.; revising certain reporting
   80         requirements relating to the Civil Air Patrol;
   81         amending s. 253.7825, F.S.; deleting provisions
   82         relating to the plan for the Cross Florida Greenways
   83         State Recreation and Conservation Area; repealing s.
   84         253.7826, F.S., relating to structures of the Cross
   85         Florida Barge Canal; repealing s. 253.7829, F.S.,
   86         relating to a management plan for retention or
   87         disposition of lands of the Cross Florida Barge Canal;
   88         amending s. 259.037, F.S.; revising provisions
   89         relating to a report of the Land Management Uniform
   90         Accounting Council; repealing s. 267.074(4), F.S.,
   91         relating to a plan for the State Historical Marker
   92         Program; repealing s. 284.50(3), F.S., relating to a
   93         requirement for a report by the Interagency Advisory
   94         Council on Loss Prevention and certain department
   95         heads; repealing s. 287.045(11), F.S., relating to a
   96         requirement for reports on use of recycled products;
   97         amending s. 287.059, F.S.; deleting a requirement for
   98         reporting proposed fee schedules for private attorney
   99         services for the Attorney General’s office; repealing
  100         s. 288.108(7), F.S., relating to a requirement for a
  101         report by the Office of Tourism, Trade, and Economic
  102         Development on high-impact businesses; repealing s.
  103         288.1185, F.S., relating to the Recycling Markets
  104         Advisory Committee; amending s. 288.1229, F.S.;
  105         revising duties of the direct-support organization to
  106         support sports-related industries and amateur
  107         athletics; repealing s. 288.7015(4), F.S., relating to
  108         a requirement for a report by the rules ombudsman in
  109         the Executive Office of the Governor; amending s.
  110         288.7771, F.S.; revising a reporting requirement of
  111         the Florida Export Finance Corporation; repealing s.
  112         288.8175(8), (10), and (11), F.S., relating to certain
  113         responsibilities of the Department of Education with
  114         respect to linkage institutes between postsecondary
  115         institutions in this state and foreign countries;
  116         repealing s. 288.853(5), F.S., relating to the
  117         requirement for a report on assistance to and commerce
  118         with Cuba; amending s. 288.95155, F.S.; revising
  119         requirements for a report by Enterprise Florida, Inc.,
  120         on the Florida Small Business Technology Growth
  121         Program; amending s. 288.9604, F.S.; deleting a
  122         requirement for a report by the Florida Development
  123         Finance Corporation; amending s. 288.9610, F.S.;
  124         revising provisions relating to annual reporting by
  125         the corporation; amending s. 292.05, F.S.; revising
  126         requirements relating to a report by the Department of
  127         Veterans’ Affairs; repealing ss. 296.16 and 296.39,
  128         F.S., relating to reports by the executive director of
  129         the Department of Veterans’ Affairs; repealing s.
  130         315.03(12)(c), F.S., relating to legislative review of
  131         a loan program of the Florida Seaport Transportation
  132         and Economic Development Council; amending s. 319.324,
  133         F.S.; deleting provisions relating to funding a report
  134         on odometer fraud prevention and detection; repealing
  135         s. 322.181, F.S., relating to a study by the
  136         Department of Highway Safety and Motor Vehicles on
  137         driving by the elderly; repealing s. 322.251(7)(c),
  138         F.S., relating to a plan to indemnify persons wanted
  139         for passing worthless bank checks; amending s.
  140         373.0391, F.S.; deleting provisions relating to
  141         provision of certain information by water management
  142         districts; amending s. 373.046, F.S.; deleting an
  143         obsolete provision requiring a report by the Secretary
  144         of Environmental Protection; repealing s. 376.121(14),
  145         F.S., relating to a report by the Department of
  146         Environmental Protection on damage to natural
  147         resources; repealing s. 376.17, F.S., relating to
  148         reports of the department to the Legislature;
  149         repealing s. 376.30713(5), F.S., relating to a report
  150         on preapproved advanced cleanup; amending s. 379.2211,
  151         F.S.; revising provisions relating to a report by the
  152         Fish and Wildlife Conservation Commission on waterfowl
  153         permit revenues; amending s. 379.2212, F.S.; revising
  154         provisions relating to a report by the commission on
  155         wild turkey permit revenues; repealing s. 379.2523(8),
  156         F.S., relating to duties of the Fish and Wildlife
  157         Conservation Commission concerning an aquaculture
  158         plan; amending s. 380.06, F.S.; deleting provisions on
  159         transmission of revisions relating to statewide
  160         guidelines and standards for developments of regional
  161         impact; repealing s. 380.0677(3), F.S, relating to
  162         powers of the Green Swamp Land Authority; repealing s.
  163         381.0011(3), F.S., relating to an inclusion in the
  164         Department of Health’s strategic plan; repealing s.
  165         381.0036, F.S., relating to planning for
  166         implementation of educational requirements concerning
  167         HIV and AIDS; repealing s. 381.731, F.S., relating to
  168         strategic planning of the Department of Health;
  169         amending s. 381.795, F.S.; deleting provisions
  170         relating to studies by the Department of Health on
  171         long-term, community-based supports; amending s.
  172         381.931, F.S.; deleting provisions relating to the
  173         duty of the Department of Health to develop a report
  174         on Medicaid expenditures; amending s. 383.19, F.S.;
  175         revising provisions relating to reports by hospitals
  176         contracting to provide perinatal intensive care
  177         services; repealing s. 383.21, F.S., relating to
  178         reviews of perinatal intensive care service programs;
  179         amending s. 383.2161, F.S.; revising requirements
  180         relating to a report by the Department of Health on
  181         maternal and child health; repealing s. 394.4573(4),
  182         F.S., relating to the requirement for a report by the
  183         Department of Children and Family Services on staffing
  184         state mental health facilities; amending s. 394.4985,
  185         F.S.; deleting provisions relating to plans by
  186         department districts; repealing s. 394.82, F.S.,
  187         relating to the funding of expanded community mental
  188         health services; repealing s. 394.9082(9), F.S.,
  189         relating to reports on contracting with behavioral
  190         health management entities; repealing s. 394.9083,
  191         F.S., relating to the Behavioral Health Services
  192         Integration Workgroup; repealing s. 395.807(2)(c),
  193         F.S., relating to requirements for a report on the
  194         retention of family practice residents; repealing s.
  195         397.332(3), F.S., relating to the requirement for a
  196         report by the director of the Office of Drug Control;
  197         amending s. 397.333, F.S.; deleting the requirement
  198         for a report by the Statewide Drug Policy Advisory
  199         Council; repealing s. 397.94(1), F.S., relating to
  200         children’s substance abuse services plans by service
  201         districts of the Department of Children and Family
  202         Services; repealing s. 400.148(2), F.S., relating to a
  203         pilot program of the Agency for Health Care
  204         Administration for a quality-of-care contract
  205         management program; amending s. 400.967, F.S.;
  206         deleting provisions relating to a report by the Agency
  207         for Health Care Administration on intermediate care
  208         facilities for developmentally disabled persons;
  209         repealing s. 402.3016(3), F.S., relating to the
  210         requirement for a report by the agency on Early Head
  211         Start collaboration grants; repealing s. 402.40(9),
  212         F.S., relating to submission to the Legislature of
  213         certain information related to child welfare training;
  214         amending s. 403.4131, F.S.; deleting provisions
  215         relating to a report on the adopt-a-highway program;
  216         repealing s. 406.02(4)(a), F.S., relating to the
  217         requirement for a report by the Medical Examiners
  218         Commission; amending s. 408.033, F.S.; revising
  219         provisions relating to reports by local health
  220         councils; repealing s. 408.914(4), F.S., relating to
  221         the requirement of the Agency for Health Care
  222         Administration to submit to the Governor a plan on the
  223         comprehensive health and human services eligibility
  224         access system; repealing s. 408.915(3)(i), F.S.,
  225         relating to the requirement for periodic reports on
  226         the pilot program for such access; repealing s.
  227         408.917, F.S., relating to an evaluation of the pilot
  228         project; amending s. 409.1451, F.S.; revising
  229         requirements relating to reports on independent living
  230         transition services; repealing s. 409.152, F.S.,
  231         relating to service integration and family
  232         preservation; repealing s. 409.1679(1) and (2), F.S.,
  233         relating to reports concerning residential group care
  234         services; amending s. 409.1685, F.S.; revising
  235         provisions relating to reports by the Department of
  236         Children and Family Services on children in foster
  237         care; repealing s. 409.221(4)(k), F.S., relating to
  238         reports on consumer-directed care; amending s.
  239         409.25575, F.S.; deleting provisions relating to a
  240         report by the Department of Revenue regarding a
  241         quality assurance program for privatization of
  242         services; amending s. 409.2558, F.S.; deleting
  243         provisions relating to the Department of Revenue’s
  244         solicitation of recommendations related to a rule on
  245         undistributable collections; repealing s. 409.441(3),
  246         F.S., relating to the state plan for the handling of
  247         runaway youths; amending s. 409.906, F.S.; deleting a
  248         requirement for reports of child-welfare-targeted case
  249         management projects; amending s. 409.912, F.S.;
  250         revising provisions relating to duties of the agency
  251         with respect to cost-effective purchasing of health
  252         care; repealing s. 410.0245, F.S., relating to a study
  253         of service needs of the disabled adult population;
  254         repealing s. 410.604(10), F.S., relating to a
  255         requirement for the Department of Children and Family
  256         Services to evaluate the community care for disabled
  257         adults program; amending s. 411.0102, F.S.; deleting
  258         provisions relating to use of child care purchasing
  259         pool funds; repealing s. 411.221, F.S., relating to
  260         prevention and early assistance; repealing s. 411.242,
  261         F.S., relating to the Florida Education Now and Babies
  262         Later program; amending s. 414.14, F.S.; deleting a
  263         provision relating to a report by the Secretary of
  264         Children and Family Services on public assistance
  265         policy simplification; repealing s. 414.36(1), F.S.,
  266         relating to a plan for privatization of recovery of
  267         public assistance overpayment claims; repealing s.
  268         414.391(3), F.S., relating to a plan for automated
  269         fingerprint imaging; amending s. 415.1045, F.S.;
  270         deleting a requirement for a study by the Office of
  271         Program Policy Analysis and Government Accountability
  272         on documentation of exploitation, abuse, or neglect;
  273         amending s. 420.622, F.S.; revising requirements
  274         relating to a report by the State Council on
  275         Homelessness; repealing s. 420.623(4), F.S., relating
  276         to the requirement of a report by the Department of
  277         Community Affairs on homelessness; amending s.
  278         427.704, F.S.; revising requirements relating to a
  279         report by the Public Service Commission on a
  280         telecommunications access system; amending s. 427.706,
  281         F.S.; revising requirements relating to a report by
  282         the advisory committee on telecommunications access;
  283         amending s. 429.07, F.S.; deleting provisions relating
  284         to a report by the Department of Elderly Affairs on
  285         extended congregate care facilities; repealing s.
  286         429.08(2), F.S., relating to local workgroups of field
  287         offices of the Agency for Health Care Administration;
  288         amending s. 429.41, F.S.; deleting provisions relating
  289         to a report concerning standards for assisted living
  290         facilities; amending s. 430.04, F.S.; revising duties
  291         of the Department of Elderly Affairs with respect to
  292         certain reports and recommendations; amending s.
  293         430.502, F.S.; revising requirements with respect to
  294         reports by the Alzheimer’s Disease Advisory Committee;
  295         amending s. 445.006, F.S.; deleting provisions
  296         relating to a strategic plan for workforce
  297         development; repealing s. 455.204, F.S., relating to
  298         long-range policy planning in the Department of
  299         Business and Professional Regulation; repealing s.
  300         455.2226(8), F.S., relating to the requirement of a
  301         report by the Board of Funeral Directors and
  302         Embalmers; repealing s. 455.2228(6), F.S., relating to
  303         the requirement of reports by the Barbers’ Board and
  304         the Board of Cosmetology; amending s. 456.005, F.S.;
  305         revising requirements relating to long-range planning
  306         by professional boards; amending s. 456.025, F.S.;
  307         revising requirements relating to a report to
  308         professional boards by the Department of Health;
  309         repealing s. 456.034(6), F.S., relating to reports by
  310         professional boards about HIV and AIDS; amending s.
  311         517.302, F.S.; deleting a requirement for a report by
  312         the Office of Financial Regulation on deposits into
  313         the Anti-Fraud Trust Fund; repealing s. 531.415(3),
  314         F.S., relating to the requirement of a report by the
  315         Department of Agriculture and Consumer Services on
  316         fees; repealing s. 570.0705(3), F.S., relating to the
  317         requirement of a report by the Commissioner of
  318         Agriculture concerning advisory committees; repealing
  319         s. 570.0725(5), F.S., relating to a report by the
  320         Department of Agriculture and Consumer Services
  321         concerning support for food recovery programs;
  322         repealing s. 570.543(3), F.S., relating to legislative
  323         recommendations of the Florida Consumers’ Council;
  324         amending s. 603.204, F.S.; revising requirements
  325         relating to the South Florida Tropical Fruit Plan;
  326         amending s. 627.64872, F.S.; deleting provisions
  327         relating to an interim report by the board of
  328         directors of the Florida Health Insurance Plan;
  329         prohibiting the board from acting to implement the
  330         plan until certain funds are appropriated; amending s.
  331         744.708, F.S.; revising provisions relating to audits
  332         of public guardian offices and to reports concerning
  333         those offices; amending s. 768.295, F.S.; revising
  334         duties of the Attorney General relating to reports
  335         concerning “SLAPP” lawsuits; amending s. 775.084,
  336         F.S.; deleting provisions relating to sentencing of
  337         violent career criminals and to reports of judicial
  338         actions with respect thereto; amending s. 790.22,
  339         F.S.; deleting provisions relating to reports by the
  340         Department of Juvenile Justice concerning certain
  341         juvenile offenses that involve weapons; amending s.
  342         943.125, F.S.; deleting provisions relating to reports
  343         by the Florida Sheriffs Association and the Florida
  344         Police Chiefs Association concerning law enforcement
  345         agency accreditation; amending s. 943.68, F.S.;
  346         revising requirements relating to reports by the
  347         Department of Law Enforcement concerning
  348         transportation and protective services; amending s.
  349         944.023, F.S.; adding a cross-reference; amending s.
  350         944.801, F.S.; deleting a requirement to deliver to
  351         specified officials copies of certain reports
  352         concerning education of state prisoners; repealing s.
  353         945.35(10), F.S., relating to the requirement of a
  354         report by the Department of Corrections concerning HIV
  355         and AIDS education; repealing s. 958.045(9), F.S.,
  356         relating to a report by the department concerning
  357         youthful offenders; amending s. 960.045, F.S.;
  358         revising requirements relating to reports by the
  359         Department of Legal Affairs with respect to victims of
  360         crimes; repealing s. 985.02(8)(c), F.S., relating to
  361         the requirement of a study by the Office of Program
  362         Policy Analysis and Government Accountability on
  363         programs for young females within the Department of
  364         Juvenile Justice; amending s. 985.047, F.S.; deleting
  365         provisions relating to a plan by a multiagency task
  366         force on information systems related to delinquency;
  367         amending s. 985.47, F.S.; deleting provisions relating
  368         to a report on serious or habitual juvenile offenders;
  369         amending s. 985.483, F.S.; deleting provisions
  370         relating to a report on intensive residential
  371         treatment for offenders younger than 13 years of age;
  372         repealing s. 985.61(5), F.S., relating to a report by
  373         the Department of Juvenile Justice on early
  374         delinquency intervention; amending s. 985.622, F.S.;
  375         deleting provisions relating to submission of the
  376         multiagency plan for vocational education; repealing
  377         s. 985.632(7), F.S., relating to a report by the
  378         Department of Juvenile Justice on funding incentives
  379         and disincentives; repealing s. 1002.34(19), F.S.,
  380         relating to an evaluation and report by the
  381         Commissioner of Education concerning charter technical
  382         career centers; repealing s. 1003.61(4), F.S.,
  383         relating to evaluation of a pilot attendance project
  384         in Manatee County; amending s. 1004.22, F.S.; deleting
  385         provisions relating to university reports concerning
  386         sponsored research; repealing s. 1004.50(6), F.S.,
  387         relating to the requirement of a report by the
  388         Governor concerning unmet needs in urban communities;
  389         repealing s. 1004.94(2) and (4), F.S., relating to
  390         guidelines for and a report on plans for a state adult
  391         literacy program; amending s. 1004.95, F.S.; revising
  392         requirements relating to implementing provisions for
  393         adult literacy centers; repealing s. 1006.0605, F.S.,
  394         relating to students’ summer nutrition; repealing s.
  395         1006.67, F.S., relating to a report of campus crime
  396         statistics; amending s. 1009.70, F.S.; deleting
  397         provisions relating to a report on a minority law
  398         school scholarship program; amending s. 1011.32, F.S.;
  399         requiring the Governor to be given a copy of a report
  400         related to the Community College Facility Enhancement
  401         Challenge Grant Program; amending s. 1011.62, F.S.;
  402         deleting provisions relating to recommendations for
  403         implementing the extended-school-year program;
  404         repealing s. 1012.05(2)(l), F.S., relating to a plan
  405         concerning teacher recruitment and retention; amending
  406         s. 1012.42, F.S.; deleting provisions relating to a
  407         plan of assistance for teachers teaching out-of-field;
  408         amending s. 1013.11, F.S.; deleting provisions
  409         relating to transmittal of a report on physical plant
  410         safety; amending ss. 161.142, 163.065, 163.2511,
  411         163.2514, 163.3202, 259.041, 259.101, 369.305,
  412         379.2431, 381.732, 381.733, 411.01, 411.232, and
  413         445.006, F.S., conforming cross-references to changes
  414         made by the act; amending s. 1001.42, F.S.; deleting
  415         provisions that require each district school board to
  416         reduce paperwork and data collection and report its
  417         findings and potential solutions on reducing burdens
  418         associated with such collection; amending s. 1008.31,
  419         F.S.; requiring that the Commissioner of Education
  420         monitor and review the collection of paperwork, data,
  421         and reports by school districts; requiring that the
  422         commissioner complete an annual review of such
  423         collection by a specified date each year; requiring
  424         that the commissioner prepare a report, by a specified
  425         date each year, assisting the school districts with
  426         eliminating or consolidating paperwork, data, and
  427         reports by providing suggestions, technical
  428         assistance, and guidance; providing an effective date.
  430  Be It Enacted by the Legislature of the State of Florida:
  432         Section 1. Section 14.25, Florida Statutes, is repealed.
  433         Section 2. Subsection (3) of section 14.26, Florida
  434  Statutes, is amended to read:
  435         14.26 Citizen’s Assistance Office.—
  436         (3) The Citizen’s Assistance Office shall report make
  437  quarterly reports to the Governor on, which shall include:
  438         (a) The number of complaints and investigations and
  439  complaints made during the preceding quarter and the disposition
  440  of such investigations.
  441         (b) Recommendations in the form of suggested legislation or
  442  suggested procedures for the alleviation of problems disclosed
  443  by investigations.
  444         (b)(c)A report including statistics which reflect The
  445  types of complaints made and an assessment as to the cause of
  446  the complaints.
  447         (c)Recommendations for the alleviation of the cause of
  448  complaints disclosed by investigations.
  449         (d) Such Other information as the Executive Office of the
  450  Governor shall require.
  451         Section 3. Section 14.27, Florida Statutes, is repealed.
  452         Section 4. Section 16.58, Florida Statutes, is repealed.
  453         Section 5. Subsection (1) of section 17.32, Florida
  454  Statutes, is amended to read:
  455         17.32 Annual report of trust funds; duties of Chief
  456  Financial Officer.—
  457         (1) On February 1 of each year, the Chief Financial Officer
  458  shall present to the Governor and the Legislature President of
  459  the Senate and the Speaker of the House of Representatives a
  460  report listing all trust funds as defined in s. 215.32. The
  461  report must shall contain the following data elements for each
  462  fund for the preceding fiscal year:
  463         (a) The fund code.
  464         (b) The title.
  465         (c) The fund type according to generally accepted
  466  accounting principles.
  467         (d) The statutory authority.
  468         (e) The beginning cash balance.
  469         (f) Direct revenues.
  470         (g) Nonoperating revenues.
  471         (h) Operating disbursements.
  472         (i) Nonoperating disbursements.
  473         (j) The ending cash balance.
  474         (k) The department and budget entity in which the fund is
  475  located.
  476         Section 6. Subsection (1) of section 17.325, Florida
  477  Statutes, is amended to read:
  478         17.325 Governmental efficiency hotline; duties of Chief
  479  Financial Officer.—
  480         (1) The Chief Financial Officer shall establish and operate
  481  a statewide toll-free telephone hotline to receive information
  482  or suggestions from the residents citizens of this state on how
  483  to improve the operation of government, increase governmental
  484  efficiency, and eliminate waste in government. The Chief
  485  Financial Officer shall report each month to the appropriations
  486  committee of the House of Representatives and of the Senate the
  487  information or suggestions received through the hotline and the
  488  evaluations and determinations made by the affected agency, as
  489  provided in subsection (3), with respect to such information or
  490  suggestions.
  491         Section 7. Section 20.057, Florida Statutes, is amended to
  492  read:
  493         20.057 Interagency agreements to delete duplication of
  494  inspections.—
  495         (1) The Governor shall direct any department, the head of
  496  which is an officer or board appointed by and serving at the
  497  pleasure of the Governor, to enter into an interagency agreement
  498  to that will eliminate duplication of inspections among the
  499  departments that inspect the same type of facility or structure.
  500  Parties to the agreement may include departments which are
  501  headed by a Cabinet officer, the Governor and Cabinet, or a
  502  collegial body. The agreement shall:
  503         (a) Authorize agents of one department to conduct
  504  inspections required to be performed by another department.
  505         (b) Specify that agents of the department conducting the
  506  inspection have all powers relative to the inspection as the
  507  agents of the department on whose behalf the inspection is being
  508  conducted.
  509         (c) Require that agents of the department conducting the
  510  inspection have sufficient knowledge of statutory and
  511  administrative inspection requirements to conduct a proper
  512  inspection.
  513         (d) Specify that the departments entering which have
  514  entered into the agreement may not neither charge or nor accept
  515  any funds with respect to duties performed under the agreement
  516  which are in excess of the direct costs of conducting the such
  517  inspections.
  518         (2) Before taking effect, an agreement entered into under
  519  this section must be approved by the Governor. Inspections
  520  conducted under an agreement are shall be deemed sufficient for
  521  enforcement purposes pursuant to the agreement or as otherwise
  522  provided by law.
  523         (2) No later than 60 days prior to the beginning of the
  524  regular session, the Governor shall make an annual report to the
  525  President of the Senate and the Speaker of the House of
  526  Representatives regarding interagency agreements. The report
  527  shall identify each interagency agreement entered into under
  528  this section, and, for each agreement, shall describe the
  529  duplication eliminated, provide data that measures the
  530  effectiveness of inspections conducted under the interagency
  531  agreement, and estimate the cost savings that have resulted from
  532  the agreement. The report shall also describe obstacles
  533  encountered by any department in attempting to develop an
  534  interagency agreement and in performing duties resulting from an
  535  interagency agreement and shall recommend appropriate remedial
  536  legislative action.
  537         Section 8. Paragraphs (e), (f), and (g) of subsection (4)
  538  of section 20.316, Florida Statutes, are repealed.
  539         Section 9. Paragraph (l) of subsection (1) of section
  540  20.43, Florida Statutes, is amended to read:
  541         20.43 Department of Health.—There is created a Department
  542  of Health.
  543         (1) The purpose of the Department of Health is to promote
  544  and protect the health of all residents and visitors in the
  545  state through organized state and community efforts, including
  546  cooperative agreements with counties. The department shall:
  547         (l) Include in its long-range program the department’s
  548  strategic plan developed under s. 186.021 an assessment of
  549  current health programs, systems, and costs; projections of
  550  future problems and opportunities; and recommended changes that
  551  are needed in the health care system to improve the public
  552  health.
  553         Section 10. Paragraph (h) of subsection (2) of section
  554  39.4086, Florida Statutes, is amended to read:
  555         39.4086 Pilot program for attorneys ad litem for dependent
  556  children.—
  557         (2) RESPONSIBILITIES.—
  558         (h) The Office of the State Courts Administrator shall
  559  conduct research and gather statistical information to evaluate
  560  the establishment, operation, and impact of the pilot program in
  561  meeting the legal needs of dependent children. In assessing the
  562  effects of the pilot program, including achievement of outcomes
  563  identified under paragraph (b), the evaluation must include a
  564  comparison of children within the Ninth Judicial Circuit who are
  565  appointed an attorney ad litem with those who are not. The
  566  office shall submit a report to the Legislature and the Governor
  567  by October 1, 2001, and by October 1, 2002, regarding its
  568  findings. The office shall submit a final report by October 1,
  569  2003, which must include an evaluation of the pilot program;
  570  findings on the feasibility of a statewide program; and
  571  recommendations, if any, for locating, establishing, and
  572  operating a statewide program.
  573         Section 11. Subsections (1) and (3) of section 98.255,
  574  Florida Statutes, are amended to read:
  575         98.255 Voter education programs.—
  576         (1) By March 1, 2002, The Department of State shall adopt
  577  rules prescribing minimum standards for nonpartisan voter
  578  education. In developing the rules, the department shall review
  579  current voter education programs within each county of the
  580  state. The standards shall, at a minimum, address, but are not
  581  limited to, the following subjects:
  582         (a) Voter registration;
  583         (b) Balloting procedures, absentee and polling place;
  584         (c) Voter rights and responsibilities;
  585         (d) Distribution of sample ballots; and
  586         (e) Public service announcements.
  587         (3)(a) By December 15 of each general election year, each
  588  supervisor of elections shall report to the Department of State
  589  a detailed description of the voter education programs
  590  implemented and any other information that may be useful in
  591  evaluating the effectiveness of voter education efforts.
  592         (b) The Department of State, upon receipt of such
  593  information, shall prepare a public report on the effectiveness
  594  of voter education programs and shall submit the report to the
  595  Governor, the President of the Senate, and the Speaker of the
  596  House of Representatives by January 31 of each year following a
  597  general election.
  598         (c) The department of State shall reexamine the rules
  599  adopted pursuant to subsection (1) and use consider the findings
  600  in these reports the report as a basis for modifying the
  601  adopting modified rules to that incorporate successful voter
  602  education programs and techniques, as necessary.
  603         Section 12. Paragraph (a) of subsection (7) of section
  604  110.1227, Florida Statutes, is amended to read:
  605         110.1227 Florida Employee Long-Term-Care Plan Act.—
  606         (7) The board of directors of the Florida Long-Term-Care
  607  Plan shall:
  608         (a) Upon implementation, prepare an annual report of the
  609  plan, with the assistance of an actuarial consultant, to be
  610  submitted to the Speaker of the House of Representatives, the
  611  President of the Senate, the Governor, and the Legislature the
  612  Minority Leaders of the Senate and the House of Representatives.
  613         Section 13. Subsection (9) of section 120.542, Florida
  614  Statutes, is amended to read:
  615         120.542 Variances and waivers.—
  616         (9) Each agency shall maintain a record of the type and
  617  disposition of each petition, including temporary or emergency
  618  variances and waivers, filed pursuant to this section. On
  619  October 1 of each year, each agency shall file a report with the
  620  Governor, the President of the Senate, and the Speaker of the
  621  House of Representatives listing the number of petitions filed
  622  requesting variances to each agency rule, the number of
  623  petitions filed requesting waivers to each agency rule, and the
  624  disposition of all petitions. Temporary or emergency variances
  625  and waivers, and the reasons for granting or denying temporary
  626  or emergency variances and waivers, shall be identified
  627  separately from other waivers and variances.
  628         Section 14. Subsection (3) of section 121.45, Florida
  629  Statutes, is amended to read:
  630         121.45 Interstate compacts relating to pension
  631  portability.—
  633         (a) The Department of Management Services shall is
  634  authorized and directed to survey other state retirement systems
  635  to determine if such retirement systems are interested in
  636  developing an interstate compact with Florida.
  637         (b) If another any such state is interested in pursuing the
  638  matter, the department shall confer with the other state, and
  639  the consulting actuaries of both states, and shall present its
  640  findings to the committees having jurisdiction over retirement
  641  matters in the Legislature, and to representatives of affected
  642  certified bargaining units, in order to determine the
  643  feasibility of developing a portability compact, what groups
  644  should be covered, and the goals and priorities which should
  645  guide such development.
  646         (c) Upon a determination that such a compact is feasible
  647  and upon request of the Legislature, the department, together
  648  with its consulting actuaries, shall, in accordance with said
  649  goals and priorities, develop a proposal under which retirement
  650  credit may be transferred to or from Florida in an actuarially
  651  sound manner and shall present the proposal to the Governor and
  652  the Legislature for consideration.
  653         (d) Once a proposal has been developed, the department
  654  shall contract with its consulting actuaries to conduct an
  655  actuarial study of the proposal to determine the cost to the
  656  Florida Retirement System Trust Fund and the State of Florida.
  657         (e) After the actuarial study has been completed, the
  658  department shall present its findings and the actuarial study to
  659  the Legislature for consideration. If either house of the
  660  Legislature elects to enter into such a compact, it shall be
  661  introduced in the form of a proposed committee bill to the full
  662  Legislature during the same or next regular session.
  663         Section 15. Section 153.952, Florida Statutes, is repealed.
  664         Section 16. Subsections (3) through (22) of section
  665  161.053, Florida Statutes, are amended to read:
  666         161.053 Coastal construction and excavation; regulation on
  667  county basis.—
  668         (3) It is the intent of the Legislature that any coastal
  669  construction control line that has not been updated since June
  670  30, 1980, shall be considered a critical priority for
  671  reestablishment by the department. In keeping with this intent,
  672  the department shall notify the Legislature if all such lines
  673  cannot be reestablished by December 31, 1997, so that the
  674  Legislature may subsequently consider interim lines of
  675  jurisdiction for the remaining counties.
  676         (3)(4)A Any coastal county or coastal municipality may
  677  establish coastal construction zoning and building codes in lieu
  678  of the provisions of this section if, provided such zones and
  679  codes are approved by the department as being adequate to
  680  preserve and protect the beaches and coastal barrier dunes
  681  adjacent to such beaches, which are under the jurisdiction of
  682  the department, from imprudent construction that will jeopardize
  683  the stability of the beach-dune system, accelerate erosion,
  684  provide inadequate protection to upland structures, endanger
  685  adjacent properties, or interfere with public beach access.
  686  Exceptions to locally established coastal construction zoning
  687  and building codes may shall not be granted unless previously
  688  approved by the department. It is The intent of this subsection
  689  is to provide for the local administration of established
  690  coastal construction control lines through approved zoning and
  691  building codes if where desired by local interests and where
  692  such local interests have, in the judgment of the department,
  693  sufficient funds and personnel to adequately administer the
  694  program. Should the department determine at any time that the
  695  program is inadequately administered, the department may shall
  696  have authority to revoke the authority granted to the county or
  697  municipality.
  698         (4)(5) Except in those areas where local zoning and
  699  building codes have been established pursuant to subsection (3)
  700  (4), a permit to alter, excavate, or construct on property
  701  seaward of established coastal construction control lines may be
  702  granted by the department as follows:
  703         (a) The department may authorize an excavation or erection
  704  of a structure at any coastal location as described in
  705  subsection (1) upon receipt of an application from a property or
  706  and/or riparian owner and upon the consideration of facts and
  707  circumstances, including:
  708         1. Adequate engineering data concerning shoreline stability
  709  and storm tides related to shoreline topography;
  710         2. Design features of the proposed structures or
  711  activities; and
  712         3. Potential effects impacts of the location of the such
  713  structures or activities, including potential cumulative effects
  714  of any proposed structures or activities upon the such beach
  715  dune system, which, in the opinion of the department, clearly
  716  justify such a permit.
  717         (b) If in the immediate contiguous or adjacent area a
  718  number of existing structures have established a reasonably
  719  continuous and uniform construction line closer to the line of
  720  mean high water than the foregoing, and if the existing
  721  structures have not been unduly affected by erosion, a proposed
  722  structure may, at the discretion of the department, be permitted
  723  along such line on written authorization from the department if
  724  the such structure is also approved by the department. However,
  725  the department may shall not contravene setback requirements or
  726  zoning or building codes established by a county or municipality
  727  which are equal to, or more strict than, the those requirements
  728  provided in this subsection herein. This paragraph does not
  729  prohibit the department from requiring structures to meet design
  730  and siting criteria established in paragraph (a) or in
  731  subsection (1) or subsection (2).
  732         (c) The department may condition the nature, timing, and
  733  sequence of construction of permitted activities to provide
  734  protection to nesting sea turtles and hatchlings and their
  735  habitat, pursuant to s. 379.2431, and to native salt-resistant
  736  vegetation and endangered plant communities.
  737         (d) The department may require such engineer certifications
  738  as necessary to ensure assure the adequacy of the design and
  739  construction of permitted projects.
  740         (e) The department shall limit the construction of
  741  structures that which interfere with public access along the
  742  beach. However, the department may require, as a condition of to
  743  granting permits, the provision of alternative access if when
  744  interference with public access along the beach is unavoidable.
  745  The width of the such alternate access may not be required to
  746  exceed the width of the access that will be obstructed as a
  747  result of the permit being granted.
  748         (f) The department may, as a condition of to the granting
  749  of a permit under this section, require mitigation, financial,
  750  or other assurances acceptable to the department as may be
  751  necessary to ensure assure performance of conditions of a permit
  752  or enter into contractual agreements to best assure compliance
  753  with any permit conditions. The department may also require
  754  notice of the permit conditions required and the contractual
  755  agreements entered into pursuant to the provisions of this
  756  subsection to be filed in the public records of the county in
  757  which the permitted activity is located.
  758         (5)(6)(a) As used in this subsection, the term:
  759         1. “Frontal dune” means the first natural or manmade mound
  760  or bluff of sand which is located landward of the beach and
  761  which has sufficient vegetation, height, continuity, and
  762  configuration to offer protective value.
  763         2. “Seasonal high-water line” means the line formed by the
  764  intersection of the rising shore and the elevation of 150
  765  percent of the local mean tidal range above local mean high
  766  water.
  767         (b) After October 1, 1985, and notwithstanding any other
  768  provision of this part, the department, or a local government to
  769  which the department has delegated permitting authority pursuant
  770  to subsections (3) (4) and (15) (16), may shall not issue a any
  771  permit for any structure, other than a coastal or shore
  772  protection structure, minor structure, or pier, meeting the
  773  requirements of this part, or other than intake and discharge
  774  structures for a facility sited pursuant to part II of chapter
  775  403, which is proposed for a location that which, based on the
  776  department’s projections of erosion in the area, will be seaward
  777  of the seasonal high-water line within 30 years after the date
  778  of application for the such permit. The procedures for
  779  determining such erosion shall be established by rule. In
  780  determining the area that which will be seaward of the seasonal
  781  high-water line in 30 years, the department may shall not
  782  include any areas landward of a coastal construction control
  783  line.
  784         (c) If Where the application of paragraph (b) would
  785  preclude the construction of a structure, the department may
  786  issue a permit for a single-family dwelling for the parcel if so
  787  long as:
  788         1. The parcel for which the single-family dwelling is
  789  proposed was platted or subdivided by metes and bounds before
  790  the effective date of this section;
  791         2. The owner of the parcel for which the single-family
  792  dwelling is proposed does not own another parcel immediately
  793  adjacent to and landward of the parcel for which the dwelling is
  794  proposed;
  795         3. The proposed single-family dwelling is located landward
  796  of the frontal dune structure; and
  797         4. The proposed single-family dwelling will be as far
  798  landward on its parcel as is practicable without being located
  799  seaward of or on the frontal dune.
  800         (d) In determining the land areas that which will be below
  801  the seasonal high-water line within 30 years after the permit
  802  application date, the department shall consider the effect
  803  impact on the erosion rates of an existing beach nourishment or
  804  restoration project or of a beach nourishment or restoration
  805  project for which all funding arrangements have been made and
  806  all permits have been issued at the time the application is
  807  submitted. The department shall consider each year there is sand
  808  seaward of the erosion control line whether that no erosion took
  809  place that year. However, the seaward extent of the beach
  810  nourishment or restoration project beyond the erosion control
  811  line may shall not be considered in determining the applicable
  812  erosion rates. Nothing in This subsection does not shall
  813  prohibit the department from requiring structures to meet the
  814  criteria established in subsection (1), subsection (2), or
  815  subsection (4) (5) or to be further landward than required by
  816  this subsection based on the criteria established in subsection
  817  (1), subsection (2), or subsection (4) (5).
  818         (e) The department shall annually report to the Legislature
  819  the status of this program, including any changes to the
  820  previously adopted procedures for determining erosion
  821  projections.
  822         (6)(7) Any coastal structure erected, or excavation
  823  created, in violation of the provisions of this section is
  824  hereby declared to be a public nuisance; and such structure
  825  shall be forthwith removed or such excavation shall be forthwith
  826  refilled after written notice by the department directing such
  827  removal or filling. If In the event the structure is not removed
  828  or the excavation refilled within a reasonable time as directed,
  829  the department may remove such structure or fill such excavation
  830  at its own expense; and the costs thereof shall become a lien on
  831  upon the property of the upland owner upon which the such
  832  unauthorized structure or excavation is located.
  833         (7)(8) Any person, firm, corporation, or agent thereof who
  834  violates this section commits is guilty of a misdemeanor of the
  835  first degree, punishable as provided in s. 775.082 or s.
  836  775.083,; except that a person driving a any vehicle on, over,
  837  or across a any sand dune and damaging or causing to be damaged
  838  such sand dune or the vegetation growing thereon in violation of
  839  this section commits is guilty of a misdemeanor of the second
  840  degree, punishable as provided in s. 775.082 or s. 775.083. A
  841  person, firm, corporation, or agent thereof commits shall be
  842  deemed guilty of a separate offense for each day during any
  843  portion of which a any violation of this section is committed or
  844  continued.
  845         (8)(9)The provisions of This section does do not apply to
  846  structures intended for shore protection purposes which are
  847  regulated by s. 161.041 or to structures existing or under
  848  construction before prior to the establishment of the coastal
  849  construction control line if the as provided herein, provided
  850  such structures are may not be materially altered except as
  851  provided in subsection (4) (5). Except for structures that have
  852  been materially altered, structures determined to be under
  853  construction at the time of the establishment or reestablishment
  854  of the coastal construction control line are shall be exempt
  855  from the provisions of this section. However, unless such an
  856  exemption has been judicially confirmed to exist before prior to
  857  April 10, 1992, the exemption shall last only for a period of 3
  858  years from either the date of the determination of the exemption
  859  or April 10, 1992, whichever occurs later. The department may
  860  extend the exemption period for structures that require longer
  861  periods for completion if of their construction, provided that
  862  construction during the initial exemption period is has been
  863  continuous. For purposes of this subsection, the term
  864  “continuous” means following a reasonable sequence of
  865  construction without significant or unreasonable periods of work
  866  stoppage.
  867         (9)(10) The department may by regulation exempt
  868  specifically described portions of the coastline from the
  869  provisions of this section if, when in its judgment, such
  870  portions of coastline because of their nature are not subject to
  871  erosion of a substantially damaging effect to the public.
  872         (10)(11) Pending the establishment of coastal construction
  873  control lines as provided herein, the provisions of s. 161.052
  874  shall remain in force. However, upon the establishment of
  875  coastal construction control lines, or the establishment of
  876  coastal construction zoning and building codes as provided in
  877  subsection (3) (4), the provisions of s. 161.052 shall be
  878  superseded by the provisions of this section.
  879         (11)(12)(a) The coastal construction control requirements
  880  defined in subsection (1) and the requirements of the erosion
  881  projections in pursuant to subsection (5) (6) do not apply to
  882  any modification, maintenance, or repair of to any existing
  883  structure within the limits of the existing foundation which
  884  does not require, involve, or include any additions to, or
  885  repair or modification of, the existing foundation of that
  886  structure. Specifically excluded from this exemption are
  887  seawalls or other rigid coastal or shore protection structures
  888  and any additions or enclosures added, constructed, or installed
  889  below the first dwelling floor or lowest deck of the existing
  890  structure.
  891         (b) Activities seaward of the coastal construction control
  892  line which are determined by the department not to cause a
  893  measurable interference with the natural functioning of the
  894  coastal system are exempt from the requirements of in subsection
  895  (4) (5).
  896         (c) The department may establish exemptions from the
  897  requirements of this section for minor activities determined by
  898  the department not to have an adverse effect impacts on the
  899  coastal system. Examples of such activities include, but are not
  900  limited to:
  901         1. Boat moorings;
  902         2. Maintenance of existing beach-dune beach/dune
  903  vegetation;
  904         3. The burial of seaweed, dead fish, whales, or other
  905  marine animals on the unvegetated beach;
  906         4. The removal of piers or other derelict structures from
  907  the unvegetated beach or seaward of mean high water;
  908         5. Temporary emergency vehicular access, if the affected
  909  provided any impacted area is immediately restored;
  910         6. The removal of any existing structures or debris from
  911  the upland, if provided there is no excavation or disturbance to
  912  the existing topography or to beach-dune beach/dune vegetation;
  913         7. Construction of a any new roof overhang extending no
  914  more than 4 feet beyond the confines of the existing foundation
  915  during modification, renovation, or reconstruction of a
  916  habitable structure within the confines of the existing
  917  foundation of that structure which does not include any
  918  additions to or modification of the existing foundation of that
  919  structure;
  920         8. Minor and temporary excavation for the purpose of
  921  repairs to existing subgrade residential service utilities
  922  (e.g., water and sewer lines, septic tanks and drainfields,
  923  electrical and telephone cables, and gas lines), if provided
  924  that there is minimal disturbance and the that grade is restored
  925  with fill compatible in both coloration and grain size to the
  926  onsite material and any damaged or destroyed vegetation is
  927  restored using similar vegetation; and
  928         9. Any other minor construction that has an effect with
  929  impacts similar to the above activities.
  930         (12)(13)(a) Notwithstanding the coastal construction
  931  control requirements defined in subsection (1) or the erosion
  932  projection determined pursuant to subsection (5) (6), the
  933  department may, at its discretion, issue a permit for the repair
  934  or rebuilding within the confines of the original foundation of
  935  a major structure pursuant to the provisions of subsection (4)
  936  (5). Alternatively, the department may also, at its discretion,
  937  issue a permit for a more landward relocation or rebuilding of a
  938  damaged or existing structure if such relocation or rebuilding
  939  would not cause further harm to the beach-dune system, and if,
  940  in the case of rebuilding, the such rebuilding complies with the
  941  provisions of subsection (4) (5), and otherwise complies with
  942  the provisions of this subsection.
  943         (b) Under no circumstances shall The department may not
  944  permit such repairs or rebuilding that expands expand the
  945  capacity of the original structure seaward of the 30-year
  946  erosion projection established pursuant to subsection (5) (6).
  947         (c) In reviewing applications for relocation or rebuilding,
  948  the department shall specifically consider changes in shoreline
  949  conditions, the availability of other relocation or rebuilding
  950  options, and the design adequacy of the project sought to be
  951  rebuilt.
  952         (d) Permits issued under this subsection are shall not be
  953  considered precedential as to the issuance of subsequent
  954  permits.
  955         (13)(14) Concurrent with the establishment of a coastal
  956  construction control line and the ongoing administration of this
  957  chapter, the secretary of the department shall make
  958  recommendations to the Board of Trustees of the Internal
  959  Improvement Trust Fund concerning the purchase of the fee or any
  960  lesser interest in any lands seaward of the control line
  961  pursuant to the state’s Save Our Coast, Conservation and
  962  Recreation Lands, or Outdoor Recreation Land acquisition
  963  programs; and, with respect to those control lines established
  964  pursuant to this section before prior to June 14, 1978, the
  965  secretary may make such recommendations.
  966         (14)(15) A coastal county or municipality fronting on the
  967  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
  968  shall advise the department within 5 days after receipt of any
  969  permit application for construction or other activities proposed
  970  to be located seaward of the line established by the department
  971  pursuant to the provisions of this section. Within 5 days after
  972  receipt of such application, the county or municipality shall
  973  notify the applicant of the requirements for state permits.
  974         (15)(16) In keeping with the intent of subsection (3) (4),
  975  and at the discretion of the department, authority for
  976  permitting certain types of activities that which have been
  977  defined by the department may be delegated by the department to
  978  a coastal county or coastal municipality. Such partial
  979  delegation shall be narrowly construed to those particular
  980  activities specifically named in the delegation and agreed to by
  981  the affected county or municipality., and The delegation may be
  982  revoked by the department at any time if it is determined that
  983  the delegation is improperly or inadequately administered.
  984         (16)(17) The department may, at the request of a property
  985  owner, contract with the such property owner for an agreement,
  986  or modify an existing contractual agreement regulating
  987  development activities landward of a coastal construction
  988  control line, if provided that nothing within the contractual
  989  agreement is consistent shall be inconsistent with the design
  990  and siting provisions of this section. In no case shall The
  991  contractual agreement may not bind either party for a period
  992  longer than 5 years following from its date of execution. Before
  993  Prior to beginning a any construction activity covered by the
  994  agreement, the property owner must shall obtain the necessary
  995  authorization required by the agreement. The agreement may shall
  996  not authorize construction for:
  997         (a) Major habitable structures that which would require
  998  construction beyond the expiration of the agreement, unless such
  999  construction is above the completed foundation; or
 1000         (b) Nonhabitable major structures or minor structures,
 1001  unless such construction is was authorized at the same time as
 1002  the habitable major structure.
 1003         (17)(18) The department may is authorized to grant areawide
 1004  permits to local governments, other governmental agencies, and
 1005  utility companies for special classes of activities in areas
 1006  under their general jurisdiction or responsibility if, so long
 1007  as these activities, due to the type, size, or temporary nature
 1008  of the activity, will not cause measurable interference with the
 1009  natural functioning of the beach-dune beach dune system or with
 1010  marine turtles or their nesting sites. Such activities shall
 1011  include, but are not be limited to: road repairs, not including
 1012  new construction; utility repairs and replacements, or other
 1013  minor activities necessary to provide utility services; beach
 1014  cleaning; and emergency response. The department may adopt rules
 1015  to establish criteria and guidelines for use by permit
 1016  applicants. The department must shall require notice provisions
 1017  appropriate to the type and nature of the activities for which
 1018  the areawide permits are sought.
 1019         (18)(19) The department may is authorized to grant general
 1020  permits for projects, including dune walkovers, decks, fences,
 1021  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1022  repairs, and other nonhabitable structures, if the so long as
 1023  these projects, due to the type, size, or temporary nature of
 1024  the project, will not cause a measurable interference with the
 1025  natural functioning of the beach-dune beach dune system or with
 1026  marine turtles or their nesting sites. In no event shall
 1027  Multifamily habitable structures do not qualify for general
 1028  permits. However, single-family habitable structures that which
 1029  do not advance the line of existing construction and satisfy all
 1030  siting and design requirements of this section may be eligible
 1031  for a general permit pursuant to this subsection. The department
 1032  may adopt rules to establish criteria and guidelines for use by
 1033  permit applicants.
 1034         (a) Persons wishing to use the general permits must set
 1035  forth in this subsection shall, at least 30 days before
 1036  beginning any work, notify the department in writing on forms
 1037  adopted by the department. The notice must shall include a
 1038  description of the proposed project and supporting documents
 1039  depicting the proposed project, its location, and other
 1040  pertinent information as required by rule, to demonstrate that
 1041  the proposed project qualifies for the requested general permit.
 1042  Persons who undertake projects without proof of notice to the
 1043  department, but whose projects would otherwise qualify for
 1044  general permits, shall be considered to have as being undertaken
 1045  a project without a permit and are shall be subject to
 1046  enforcement pursuant to s. 161.121.
 1047         (b) Persons wishing to use a general permit must provide
 1048  notice as required by the applicable local building code where
 1049  the project will be located. If a building code requires no
 1050  notice, any person wishing to use a general permit must, at a
 1051  minimum, post a sign describing the project on the property at
 1052  least 5 days before commencing prior to the commencement of
 1053  construction. The a sign must be at least no smaller than 88
 1054  square inches, with letters no smaller than one-quarter inch,
 1055  describing the project.
 1056         (19)(20)(a) The department may suspend or revoke the use of
 1057  a general or areawide permit for good cause, including:
 1058  submission of false or inaccurate information in the
 1059  notification for use of a general or areawide permit; violation
 1060  of law, department orders, or rules relating to permit
 1061  conditions; deviation from the specified activity or project
 1062  indicated or the conditions for undertaking the activity or
 1063  project; refusal of lawful inspection; or any other act by on
 1064  the permittee permittee’s part in using the general or areawide
 1065  permit which results or may result in harm or injury to human
 1066  health or welfare, or which causes harm or injury to animal,
 1067  plant, or aquatic life or to property.
 1068         (b) The department shall have access to the permitted
 1069  activity or project at reasonable times to inspect and determine
 1070  compliance with the permit and department rules.
 1071         (20)(21) The department may is authorized to adopt rules
 1072  related to the following provisions of this section:
 1073  establishment of coastal construction control lines; activities
 1074  seaward of the coastal construction control line; exemptions;
 1075  property owner agreements; delegation of the program; permitting
 1076  programs; and violations and penalties.
 1077         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1078  the effective date of the Florida Building Code, the provisions
 1079  of this section which pertain to and govern the design,
 1080  construction, erection, alteration, modification, repair, and
 1081  demolition of public and private buildings, structures, and
 1082  facilities shall be incorporated into the Florida Building Code.
 1083  The Florida Building Commission may shall have the authority to
 1084  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1085  administer implement those provisions. This subsection does not
 1086  limit or abrogate the right and authority of the department to
 1087  require permits or to adopt and enforce environmental standards,
 1088  including, but not limited to, standards for ensuring the
 1089  protection of the beach-dune system, proposed or existing
 1090  structures, adjacent properties, marine turtles, native salt
 1091  resistant vegetation, endangered plant communities, and the
 1092  preservation of public beach access.
 1093         Section 17. Subsection (2) of section 161.161, Florida
 1094  Statutes, is amended to read:
 1095         161.161 Procedure for approval of projects.—
 1096         (2) Annually Upon approval of the beach management plan,
 1097  the secretary shall present to the Legislature President of the
 1098  Senate, the Speaker of the House of Representatives, and the
 1099  chairs of the legislative appropriations committees
 1100  recommendations for funding of beach erosion control projects
 1101  prioritized according to the. Such recommendations shall be
 1102  presented to such members of the Legislature in the priority
 1103  order specified in the plan and established pursuant to criteria
 1104  established contained in s. 161.101(14).
 1105         Section 18. Section 163.2526, Florida Statutes, is
 1106  repealed.
 1107         Section 19. Subsection (2) of section 163.3167, Florida
 1108  Statutes, is amended to read:
 1109         163.3167 Scope of act.—
 1110         (2) Each local government shall prepare a comprehensive
 1111  plan of the type and in the manner set out in this part act or
 1112  shall prepare amendments to its existing comprehensive plan to
 1113  conform it to the requirements of this part and in the manner
 1114  set out in this part. Each local government, In accordance with
 1115  the procedures in s. 163.3184, each local government shall
 1116  submit to the state land planning agency its complete proposed
 1117  comprehensive plan or its complete comprehensive plan as
 1118  proposed to be amended to the state land planning agency by the
 1119  date specified in the rule adopted by the state land planning
 1120  agency pursuant to this subsection. The state land planning
 1121  agency shall, prior to October 1, 1987, adopt a schedule of
 1122  local governments required to submit complete proposed
 1123  comprehensive plans or comprehensive plans as proposed to be
 1124  amended. Such schedule shall specify the exact date of
 1125  submission for each local government, shall establish equal,
 1126  staggered submission dates, and shall be consistent with the
 1127  following time periods:
 1128         (a) Beginning on July 1, 1988, and on or before July 1,
 1129  1990, each county that is required to include a coastal
 1130  management element in its comprehensive plan and each
 1131  municipality in such a county; and
 1132         (b) Beginning on July 1, 1989, and on or before July 1,
 1133  1991, all other counties or municipalities.
 1135  Nothing herein shall preclude the state land planning agency
 1136  from permitting by rule a county together with each municipality
 1137  in the county from submitting a proposed comprehensive plan
 1138  earlier than the dates established in paragraphs (a) and (b).
 1139  Any county or municipality that fails to meet the schedule set
 1140  for submission of its proposed comprehensive plan by more than
 1141  90 days shall be subject to the sanctions described in s.
 1142  163.3184(11)(a) imposed by the Administration Commission.
 1143  Notwithstanding the time periods established in this subsection,
 1144  the state land planning agency may establish later deadlines for
 1145  the submission of proposed comprehensive plans or comprehensive
 1146  plans as proposed to be amended for a county or municipality
 1147  which has all or a part of a designated area of critical state
 1148  concern within its boundaries; however, such deadlines shall not
 1149  be extended to a date later than July 1, 1991, or the time of
 1150  de-designation, whichever is earlier.
 1151         Section 20. Paragraph (h) of subsection (6) and paragraph
 1152  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1153  are amended to read:
 1154         163.3177 Required and optional elements of comprehensive
 1155  plan; studies and surveys.—
 1156         (6) In addition to the requirements of subsections (1)-(5)
 1157  and (12), the comprehensive plan shall include the following
 1158  elements:
 1159         (h)1. An intergovernmental coordination element showing
 1160  relationships and stating principles and guidelines to be used
 1161  in coordinating the accomplishment of coordination of the
 1162  adopted comprehensive plan with the plans of school boards,
 1163  regional water supply authorities, and other units of local
 1164  government providing services but not having regulatory
 1165  authority over the use of land, with the comprehensive plans of
 1166  adjacent municipalities, the county, adjacent counties, or the
 1167  region, with the state comprehensive plan and with the
 1168  applicable regional water supply plan approved pursuant to s.
 1169  373.0361, as the case may require and as such adopted plans or
 1170  plans in preparation may exist. This element of the local
 1171  comprehensive plan must shall demonstrate consideration of the
 1172  particular effects of the local plan, when adopted, upon the
 1173  development of adjacent municipalities, the county, adjacent
 1174  counties, or the region, or upon the state comprehensive plan,
 1175  as the case may require.
 1176         a. The intergovernmental coordination element must shall
 1177  provide procedures for identifying and implementing to identify
 1178  and implement joint planning areas, especially for the purpose
 1179  of annexation, municipal incorporation, and joint infrastructure
 1180  service areas.
 1181         b. The intergovernmental coordination element must shall
 1182  provide for recognition of campus master plans prepared pursuant
 1183  to s. 1013.30 and airport master plans under paragraph (k).
 1184         c. The intergovernmental coordination element shall provide
 1185  for a dispute resolution process, as established pursuant to s.
 1186  186.509, for bringing to closure in a timely manner
 1187  intergovernmental disputes to closure in a timely manner.
 1188         d. The intergovernmental coordination element shall provide
 1189  for interlocal agreements as established pursuant to s.
 1190  333.03(1)(b).
 1191         2. The intergovernmental coordination element shall also
 1192  further state principles and guidelines to be used in
 1193  coordinating the accomplishment of coordination of the adopted
 1194  comprehensive plan with the plans of school boards and other
 1195  units of local government providing facilities and services but
 1196  not having regulatory authority over the use of land. In
 1197  addition, the intergovernmental coordination element must shall
 1198  describe joint processes for collaborative planning and
 1199  decisionmaking on population projections and public school
 1200  siting, the location and extension of public facilities subject
 1201  to concurrency, and siting facilities with countywide
 1202  significance, including locally unwanted land uses whose nature
 1203  and identity are established in an agreement. Within 1 year
 1204  after of adopting their intergovernmental coordination elements,
 1205  each county, all the municipalities within that county, the
 1206  district school board, and any unit of local government service
 1207  providers in that county shall establish by interlocal or other
 1208  formal agreement executed by all affected entities, the joint
 1209  processes described in this subparagraph consistent with their
 1210  adopted intergovernmental coordination elements.
 1211         3. To foster coordination between special districts and
 1212  local general-purpose governments as local general-purpose
 1213  governments implement local comprehensive plans, each
 1214  independent special district must submit a public facilities
 1215  report to the appropriate local government as required by s.
 1216  189.415.
 1217         4.a. Local governments shall execute an interlocal
 1218  agreement with the district school board, the county, and
 1219  nonexempt municipalities pursuant to s. 163.31777. The local
 1220  government shall amend the intergovernmental coordination
 1221  element to ensure provide that coordination between the local
 1222  government and school board is pursuant to the agreement and
 1223  shall state the obligations of the local government under the
 1224  agreement.
 1225         b. Plan amendments that comply with this subparagraph are
 1226  exempt from the provisions of s. 163.3187(1).
 1227         5. The state land planning agency shall establish a
 1228  schedule for phased completion and transmittal of plan
 1229  amendments to implement subparagraphs 1., 2., and 3. from all
 1230  jurisdictions so as to accomplish their adoption by December 31,
 1231  1999. A local government may complete and transmit its plan
 1232  amendments to carry out these provisions prior to the scheduled
 1233  date established by the state land planning agency. The plan
 1234  amendments are exempt from the provisions of s. 163.3187(1).
 1235         5.6. By January 1, 2004, any county having a population
 1236  greater than 100,000, and the municipalities and special
 1237  districts within that county, shall submit a report to the
 1238  Department of Community Affairs which identifies:
 1239         a. Identifies All existing or proposed interlocal service
 1240  delivery agreements relating to regarding the following:
 1241  education; sanitary sewer; public safety; solid waste; drainage;
 1242  potable water; parks and recreation; and transportation
 1243  facilities.
 1244         b. Identifies Any deficits or duplication in the provision
 1245  of services within its jurisdiction, whether capital or
 1246  operational. Upon request, the Department of Community Affairs
 1247  shall provide technical assistance to the local governments in
 1248  identifying deficits or duplication.
 1249         6.7. Within 6 months after submission of the report, the
 1250  Department of Community Affairs shall, through the appropriate
 1251  regional planning council, coordinate a meeting of all local
 1252  governments within the regional planning area to discuss the
 1253  reports and potential strategies to remedy any identified
 1254  deficiencies or duplications.
 1255         7.8. Each local government shall update its
 1256  intergovernmental coordination element based upon the findings
 1257  in the report submitted pursuant to subparagraph 5. 6. The
 1258  report may be used as supporting data and analysis for the
 1259  intergovernmental coordination element.
 1260         (10) The Legislature recognizes the importance and
 1261  significance of chapter 9J-5, Florida Administrative Code, the
 1262  Minimum Criteria for Review of Local Government Comprehensive
 1263  Plans and Determination of Compliance of the Department of
 1264  Community Affairs that will be used to determine compliance of
 1265  local comprehensive plans. The Legislature reserved unto itself
 1266  the right to review chapter 9J-5, Florida Administrative Code,
 1267  and to reject, modify, or take no action relative to this rule.
 1268  Therefore, pursuant to subsection (9), the Legislature hereby
 1269  has reviewed chapter 9J-5, Florida Administrative Code, and
 1270  expresses the following legislative intent:
 1271         (k) In order for So that local governments are able to
 1272  prepare and adopt comprehensive plans with knowledge of the
 1273  rules that are will be applied to determine consistency of the
 1274  plans with provisions of this part, it is the intent of the
 1275  Legislature that there should be no doubt as to the legal
 1276  standing of chapter 9J-5, Florida Administrative Code, at the
 1277  close of the 1986 legislative session. Therefore, the
 1278  Legislature declares that changes made to chapter 9J-5 before,
 1279  Florida Administrative Code, prior to October 1, 1986, are shall
 1280  not be subject to rule challenges under s. 120.56(2), or to
 1281  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1282  9J-5, Florida Administrative Code, as amended, is shall be
 1283  subject to rule challenges under s. 120.56(3), as nothing herein
 1284  indicates shall be construed to indicate approval or disapproval
 1285  of any portion of chapter 9J-5, Florida Administrative Code, not
 1286  specifically addressed herein. No challenge pursuant to s.
 1287  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1288  Any amendments to chapter 9J-5, Florida Administrative Code,
 1289  exclusive of the amendments adopted prior to October 1, 1986,
 1290  pursuant to this act, shall be subject to the full chapter 120
 1291  process. All amendments shall have effective dates as provided
 1292  in chapter 120 and submission to the President of the Senate and
 1293  Speaker of the House of Representatives shall not be required.
 1294         Section 21. Subsection (6) of section 163.3178, Florida
 1295  Statutes, is amended to read:
 1296         163.3178 Coastal management.—
 1297         (6) Local governments are encouraged to adopt countywide
 1298  marina siting plans to designate sites for existing and future
 1299  marinas. The Coastal Resources Interagency Management Committee,
 1300  at the direction of the Legislature, shall identify incentives
 1301  to encourage local governments to adopt such siting plans and
 1302  uniform criteria and standards to be used by local governments
 1303  to implement state goals, objectives, and policies relating to
 1304  marina siting. These criteria must ensure that priority is given
 1305  to water-dependent land uses. The Coastal Resources Interagency
 1306  Management Committee shall submit its recommendations regarding
 1307  local government incentives to the Legislature by December 1,
 1308  1993. Countywide marina siting plans must be consistent with
 1309  state and regional environmental planning policies and
 1310  standards. Each local government in the coastal area which
 1311  participates in the adoption of a countywide marina siting plan
 1312  shall incorporate the plan into the coastal management element
 1313  of its local comprehensive plan.
 1314         Section 22. Subsection (12) of section 163.519, Florida
 1315  Statutes, is repealed.
 1316         Section 23. Subsection (9) of section 186.007, Florida
 1317  Statutes, is repealed.
 1318         Section 24. Subsection (5) of section 189.4035, Florida
 1319  Statutes, is amended to read:
 1320         189.4035 Preparation of official list of special
 1321  districts.—
 1322         (5) The official list of special districts shall be
 1323  available on the department’s website distributed by the
 1324  department on October 1 of each year to the President of the
 1325  Senate, the Speaker of the House of Representatives, the Auditor
 1326  General, the Department of Revenue, the Department of Financial
 1327  Services, the Department of Management Services, the State Board
 1328  of Administration, counties, municipalities, county property
 1329  appraisers, tax collectors, and supervisors of elections and to
 1330  all interested parties who request the list.
 1331         Section 25. Subsection (2) of section 189.412, Florida
 1332  Statutes, is amended to read:
 1333         189.412 Special District Information Program; duties and
 1334  responsibilities.—The Special District Information Program of
 1335  the Department of Community Affairs is created and has the
 1336  following special duties:
 1337         (2) The maintenance of a master list of independent and
 1338  dependent special districts which shall be available on the
 1339  department’s website annually updated and distributed to the
 1340  appropriate officials in state and local governments.
 1341         Section 26. Subsection (2) of section 194.034, Florida
 1342  Statutes, is amended to read:
 1343         194.034 Hearing procedures; rules.—
 1344         (2) If In each case, Except when a complaint is withdrawn
 1345  by the petitioner or is acknowledged as correct by the property
 1346  appraiser, the value adjustment board shall render a written
 1347  decision in each case. All such decisions shall be issued within
 1348  20 calendar days after of the last day the board is in session
 1349  under s. 194.032. The decision of the board must shall contain
 1350  findings of fact and conclusions of law and must shall include
 1351  reasons for upholding or overturning the determination of the
 1352  property appraiser. If When a special magistrate has been
 1353  appointed, the recommendations of the special magistrate shall
 1354  be considered by the board. The clerk, Upon issuance of the
 1355  board’s decision decisions, the clerk shall, on a form provided
 1356  by the Department of Revenue, notify by first-class mail each
 1357  taxpayer and, the property appraiser, and the department of the
 1358  decision of the board.
 1359         Section 27. Paragraph (b) of subsection (1) of section
 1360  206.606, Florida Statutes, is amended to read:
 1361         206.606 Distribution of certain proceeds.—
 1362         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1363  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1364  Fund. Such moneys, after deducting the service charges imposed
 1365  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1366  administrative costs incurred by the department in collecting,
 1367  administering, enforcing, and distributing the tax, which
 1368  administrative costs may not exceed 2 percent of collections,
 1369  shall be distributed monthly to the State Transportation Trust
 1370  Fund, except that:
 1371         (b) Annually, $2.5 million shall be transferred to the
 1372  State Game Trust Fund in the Fish and Wildlife Conservation
 1373  Commission in each fiscal year and used for recreational boating
 1374  activities, and freshwater fisheries management and research.
 1375  The transfers must be made in equal monthly amounts beginning on
 1376  July 1 of each fiscal year. The commission shall annually
 1377  determine where unmet needs exist for boating-related
 1378  activities, and may fund such activities in counties where, due
 1379  to the number of vessel registrations, sufficient financial
 1380  resources are unavailable.
 1381         1. A minimum of $1.25 million shall be used to fund local
 1382  projects to provide recreational channel marking and other
 1383  uniform waterway markers, public boat ramps, lifts, and hoists,
 1384  marine railways, and other public launching facilities, derelict
 1385  vessel removal, and other local boating-related activities. In
 1386  funding the projects, the commission shall give priority
 1387  consideration to as follows:
 1388         a. Unmet needs in counties having with populations of
 1389  100,000 or fewer less.
 1390         b. Unmet needs in coastal counties having with a high level
 1391  of boating-related activities from individuals residing in other
 1392  counties.
 1393         2. The remaining $1.25 million may be used for recreational
 1394  boating activities and freshwater fisheries management and
 1395  research.
 1396         3. The commission may is authorized to adopt rules pursuant
 1397  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1398  Boating Improvement Program.
 1400  On February 1 of each year, The commission shall prepare and
 1401  make available on its Internet website file an annual report
 1402  with the President of the Senate and the Speaker of the House of
 1403  Representatives outlining the status of its Florida Boating
 1404  Improvement Program, including the projects funded, and a list
 1405  of counties whose needs are unmet due to insufficient financial
 1406  resources from vessel registration fees.
 1407         Section 28. Paragraph (b) of subsection (4) of section
 1408  212.054, Florida Statutes, is amended to read:
 1409         212.054 Discretionary sales surtax; limitations,
 1410  administration, and collection.—
 1411         (4)
 1412         (b) The proceeds of a discretionary sales surtax collected
 1413  by the selling dealer located in a county imposing which imposes
 1414  the surtax shall be returned, less the cost of administration,
 1415  to the county where the selling dealer is located. The proceeds
 1416  shall be transferred to the Discretionary Sales Surtax Clearing
 1417  Trust Fund. A separate account shall be established in the such
 1418  trust fund for each county imposing a discretionary surtax. The
 1419  amount deducted for the costs of administration may shall not
 1420  exceed 3 percent of the total revenue generated for all counties
 1421  levying a surtax authorized in s. 212.055. The amount deducted
 1422  for the costs of administration may shall be used only for those
 1423  costs that which are solely and directly attributable to the
 1424  surtax. The total cost of administration shall be prorated among
 1425  those counties levying the surtax on the basis of the amount
 1426  collected for a particular county to the total amount collected
 1427  for all counties. No later than March 1 of each year, the
 1428  department shall submit a written report which details the
 1429  expenses and amounts deducted for the costs of administration to
 1430  the President of the Senate, the Speaker of the House of
 1431  Representatives, and the governing authority of each county
 1432  levying a surtax. The department shall distribute the moneys in
 1433  the trust fund each month to the appropriate counties each
 1434  month, unless otherwise provided in s. 212.055.
 1435         Section 29. Paragraph (j) of subsection (5) of section
 1436  212.08, Florida Statutes, is amended to read:
 1437         212.08 Sales, rental, use, consumption, distribution, and
 1438  storage tax; specified exemptions.—The sale at retail, the
 1439  rental, the use, the consumption, the distribution, and the
 1440  storage to be used or consumed in this state of the following
 1441  are hereby specifically exempt from the tax imposed by this
 1442  chapter.
 1443         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1444         (j) Machinery and equipment used in semiconductor, defense,
 1445  or space technology production.—
 1446         1.a. Industrial machinery and equipment used in
 1447  semiconductor technology facilities certified under subparagraph
 1448  5. to manufacture, process, compound, or produce semiconductor
 1449  technology products for sale or for use by these facilities are
 1450  exempt from the tax imposed by this chapter. For purposes of
 1451  this paragraph, industrial machinery and equipment includes
 1452  molds, dies, machine tooling, other appurtenances or accessories
 1453  to machinery and equipment, testing equipment, test beds,
 1454  computers, and software, whether purchased or self-fabricated,
 1455  and, if self-fabricated, includes materials and labor for
 1456  design, fabrication, and assembly.
 1457         b. Industrial machinery and equipment used in defense or
 1458  space technology facilities certified under subparagraph 5. to
 1459  design, manufacture, assemble, process, compound, or produce
 1460  defense technology products or space technology products for
 1461  sale or for use by these facilities are exempt from the tax
 1462  imposed by this chapter.
 1463         2. Building materials purchased for use in manufacturing or
 1464  expanding clean rooms in semiconductor-manufacturing facilities
 1465  are exempt from the tax imposed by this chapter.
 1466         3. In addition to meeting the criteria mandated by
 1467  subparagraph 1. or subparagraph 2., a business must be certified
 1468  by the Office of Tourism, Trade, and Economic Development as
 1469  authorized in this paragraph in order to qualify for exemption
 1470  under this paragraph.
 1471         4. For items purchased tax-exempt pursuant to this
 1472  paragraph, possession of a written certification from the
 1473  purchaser, certifying the purchaser’s entitlement to the
 1474  exemption pursuant to this paragraph, relieves the seller of the
 1475  responsibility of collecting the tax on the sale of such items,
 1476  and the department shall look solely to the purchaser for
 1477  recovery of the tax if it determines that the purchaser was not
 1478  entitled to the exemption.
 1479         5.a. To be eligible to receive the exemption provided by
 1480  subparagraph 1. or subparagraph 2., a qualifying business entity
 1481  shall apply initially apply to Enterprise Florida, Inc. The
 1482  original certification is shall be valid for a period of 2
 1483  years. In lieu of submitting a new application, the original
 1484  certification may be renewed biennially by submitting to the
 1485  Office of Tourism, Trade, and Economic Development a statement,
 1486  certified under oath, that there has been no material change in
 1487  the conditions or circumstances entitling the business entity to
 1488  the original certification. The initial application and the
 1489  certification renewal statement shall be developed by the Office
 1490  of Tourism, Trade, and Economic Development in consultation with
 1491  Enterprise Florida, Inc.
 1492         b. Enterprise Florida, Inc., shall review each submitted
 1493  initial application and information and determine whether or not
 1494  the application is complete within 5 working days. Once an
 1495  application is complete, Enterprise Florida, Inc., shall, within
 1496  10 working days, evaluate the application and recommend approval
 1497  or disapproval of the application to the Office of Tourism,
 1498  Trade, and Economic Development.
 1499         c. Upon receipt of the initial application and
 1500  recommendation from Enterprise Florida, Inc., or upon receipt of
 1501  a certification renewal statement, the Office of Tourism, Trade,
 1502  and Economic Development shall certify within 5 working days
 1503  those applicants who are found to meet the requirements of this
 1504  section and notify the applicant, Enterprise Florida, Inc., and
 1505  the department of the original certification or certification
 1506  renewal. If the Office of Tourism, Trade, and Economic
 1507  Development finds that the applicant does not meet the
 1508  requirements of this section, it shall notify the applicant and
 1509  Enterprise Florida, Inc., within 10 working days that the
 1510  application for certification has been denied and the reasons
 1511  for denial. The Office of Tourism, Trade, and Economic
 1512  Development has final approval authority for certification under
 1513  this section.
 1514         d. The initial application and certification renewal
 1515  statement must indicate, for program evaluation purposes only,
 1516  the average number of full-time equivalent employees at the
 1517  facility over the preceding calendar year, the average wage and
 1518  benefits paid to those employees over the preceding calendar
 1519  year, the total investment made in real and tangible personal
 1520  property over the preceding calendar year, and the total value
 1521  of tax-exempt purchases and taxes exempted during the previous
 1522  year. The department shall assist the Office of Tourism, Trade,
 1523  and Economic Development in evaluating and verifying information
 1524  provided in the application for exemption.
 1525         e. The Office of Tourism, Trade, and Economic Development
 1526  may use the information reported on the initial application and
 1527  certification renewal statement for evaluation purposes only and
 1528  shall prepare an annual report on the exemption program and its
 1529  cost and impact. The annual report for the preceding fiscal year
 1530  shall be submitted to the Governor, the President of the Senate,
 1531  and the Speaker of the House of Representatives by September 30
 1532  of each fiscal year.
 1533         6. A business certified to receive this exemption may elect
 1534  to designate one or more state universities or community
 1535  colleges as recipients of up to 100 percent of the amount of the
 1536  exemption for which they may qualify. To receive these funds,
 1537  the institution must agree to match the funds so earned with
 1538  equivalent cash, programs, services, or other in-kind support on
 1539  a one-to-one basis for in the pursuit of research and
 1540  development projects as requested by the certified business. The
 1541  rights to any patents, royalties, or real or intellectual
 1542  property must be vested in the business unless otherwise agreed
 1543  to by the business and the university or community college.
 1544         7. As used in this paragraph, the term:
 1545         a. “Semiconductor technology products” means raw
 1546  semiconductor wafers or semiconductor thin films that are
 1547  transformed into semiconductor memory or logic wafers, including
 1548  wafers containing mixed memory and logic circuits; related
 1549  assembly and test operations; active-matrix flat panel displays;
 1550  semiconductor chips; semiconductor lasers; optoelectronic
 1551  elements; and related semiconductor technology products as
 1552  determined by the Office of Tourism, Trade, and Economic
 1553  Development.
 1554         b. “Clean rooms” means manufacturing facilities enclosed in
 1555  a manner that meets the clean manufacturing requirements
 1556  necessary for high-technology semiconductor-manufacturing
 1557  environments.
 1558         c. “Defense technology products” means products that have a
 1559  military application, including, but not limited to, weapons,
 1560  weapons systems, guidance systems, surveillance systems,
 1561  communications or information systems, munitions, aircraft,
 1562  vessels, or boats, or components thereof, which are intended for
 1563  military use and manufactured in performance of a contract with
 1564  the United States Department of Defense or the military branch
 1565  of a recognized foreign government or a subcontract thereunder
 1566  which relates to matters of national defense.
 1567         d. “Space technology products” means products that are
 1568  specifically designed or manufactured for application in space
 1569  activities, including, but not limited to, space launch
 1570  vehicles, space flight vehicles, missiles, satellites or
 1571  research payloads, avionics, and associated control systems and
 1572  processing systems and components of any of the foregoing. The
 1573  term does not include products that are designed or manufactured
 1574  for general commercial aviation or other uses even though those
 1575  products may also serve an incidental use in space applications.
 1576         Section 30. Section 213.0452, Florida Statutes, is
 1577  repealed.
 1578         Section 31. Section 213.054, Florida Statutes, is repealed.
 1579         Section 32. Subsection (3) of section 215.70, Florida
 1580  Statutes, is amended to read:
 1581         215.70 State Board of Administration to act in case of
 1582  defaults.—
 1583         (3) It shall be the duty of The State Board of
 1584  Administration shall to monitor the debt service accounts for
 1585  bonds issued pursuant to this act. The board shall advise the
 1586  Governor and Legislature of any projected need to appropriate
 1587  funds to honor the pledge of full faith and credit of the state.
 1588  The report must shall include the estimated amount of
 1589  appropriations needed, the estimated maximum amount of
 1590  appropriations needed, and a contingency appropriation request
 1591  for each bond issue.
 1592         Section 33. Paragraph (z) of subsection (1) of section
 1593  216.011, Florida Statutes, is amended to read:
 1594         216.011 Definitions.—
 1595         (1) For the purpose of fiscal affairs of the state,
 1596  appropriations acts, legislative budgets, and approved budgets,
 1597  each of the following terms has the meaning indicated:
 1598         (z) “Long-range program plan” means a plan developed
 1599  pursuant to s. 216.013 on an annual basis by each state agency
 1600  that is policy based, priority driven, accountable, and
 1601  developed through careful examination and justification of all
 1602  programs and their associated costs. Each plan is developed by
 1603  examining the needs of agency customers and clients and
 1604  proposing programs and associated costs to address those needs
 1605  based on state priorities as established by law, the agency
 1606  mission, and legislative authorization. The plan provides the
 1607  framework and context for preparing the legislative budget
 1608  request and includes performance indicators for evaluating the
 1609  impact of programs and agency performance.
 1610         Section 34. Paragraph (c) of subsection (10) of section
 1611  216.181, Florida Statutes, is repealed.
 1612         Section 35. Subsection (5) of section 252.55, Florida
 1613  Statutes, is amended to read:
 1614         252.55 Civil Air Patrol, Florida Wing.—
 1615         (5) The wing commander of the Florida Wing of the Civil Air
 1616  Patrol shall biennially furnish the Bureau of Emergency
 1617  Management a 2-year an annual projection of the goals and
 1618  objectives of the Civil Air Patrol which shall for the following
 1619  year. These will be reported to the Governor in the division’s
 1620  biennial annual report submitted pursuant to s. 252.35 of the
 1621  division on February 1 of each year.
 1622         Section 36. Subsection (1) of section 253.7825, Florida
 1623  Statutes, is amended to read:
 1624         253.7825 Recreational uses.—
 1625         (1) The Cross Florida Greenways State Recreation and
 1626  Conservation Area must be managed as a multiple-use area
 1627  pursuant to s. 253.034(2)(a), and as further provided in this
 1628  section herein. The University of Florida Management Plan
 1629  provides a conceptual recreational plan that may ultimately be
 1630  developed at various locations throughout the greenways
 1631  corridor. The plan proposes to locate a number of the larger,
 1632  more comprehensive and complex recreational facilities in
 1633  sensitive, natural resource areas. Future site-specific studies
 1634  and investigations must be conducted by the department to
 1635  determine compatibility with, and potential for adverse impact
 1636  to, existing natural resources, need for the facility, the
 1637  availability of other alternative locations with reduced adverse
 1638  impacts to existing natural resources, and the proper specific
 1639  sites and locations for the more comprehensive and complex
 1640  facilities. Furthermore, it is appropriate, with the approval of
 1641  the department, to allow more fishing docks, boat launches, and
 1642  other user-oriented facilities to be developed and maintained by
 1643  local governments.
 1644         Section 37. Section 253.7826, Florida Statutes, is
 1645  repealed.
 1646         Section 38. Section 253.7829, Florida Statutes, is
 1647  repealed.
 1648         Section 39. Subsection (4) of section 259.037, Florida
 1649  Statutes, is amended to read:
 1650         259.037 Land Management Uniform Accounting Council.—
 1651         (4) The council shall provide a report of the agencies’
 1652  expenditures pursuant to the adopted categories to the President
 1653  of the Senate and the Speaker of the House of Representatives
 1654  annually, beginning July 1, 2001. The council shall also provide
 1655  this report to the Acquisition and Restoration Council and the
 1656  division for inclusion in its annual report required pursuant to
 1657  s. 259.036.
 1658         Section 40. Subsection (4) of section 267.074, Florida
 1659  Statutes, is repealed.
 1660         Section 41. Subsection (3) of section 284.50, Florida
 1661  Statutes, is repealed.
 1662         Section 42. Subsection (11) of section 287.045, Florida
 1663  Statutes, is repealed.
 1664         Section 43. Subsection (15) of section 287.059, Florida
 1665  Statutes, is amended to read:
 1666         287.059 Private attorney services.—
 1667         (15) The Attorney General’s office may, by rule, adopt
 1668  standard fee schedules for court reporting services for each
 1669  judicial circuit by rule, in consultation with the Florida Court
 1670  Reporters Association. Agencies, When contracting for court
 1671  reporting services, an agency shall must use the standard fee
 1672  schedule for court reporting services established pursuant to
 1673  this section unless a, provided no state contract is not
 1674  applicable or unless the head of the agency or his or her
 1675  designee waives use of the schedule and sets forth the reasons
 1676  for deviating from the schedule in writing to the Attorney
 1677  General. The Such waiver must demonstrate necessity based upon
 1678  criteria for deviation from the schedule which the Attorney
 1679  General shall establish by rule. Any proposed fee schedule under
 1680  this section shall be submitted to the Governor, the Speaker of
 1681  the House of Representatives, the President of the Senate, and
 1682  the Chief Justice of the Florida Supreme Court at least 60 days
 1683  prior to publication of the notice to adopt the rule.
 1684         Section 44. Subsection (7) of section 288.108, Florida
 1685  Statutes, is repealed.
 1686         Section 45. Section 288.1185, Florida Statutes, is
 1687  repealed.
 1688         Section 46. Paragraph (e) of subsection (8) of section
 1689  288.1229, Florida Statutes, is amended to read:
 1690         288.1229 Promotion and development of sports-related
 1691  industries and amateur athletics; direct-support organization;
 1692  powers and duties.—
 1693         (8) To promote amateur sports and physical fitness, the
 1694  direct-support organization shall:
 1695         (e) Promote Florida as a host for national and
 1696  international amateur athletic competitions. As part of this
 1697  effort, the direct-support organization shall:
 1698         1. Assist and support Florida cities or communities bidding
 1699  or seeking to host the Summer Olympics or Pan American Games.
 1700         2. Annually report to the Governor, the President of the
 1701  Senate, and the Speaker of the House of Representatives on the
 1702  status of the efforts of cities or communities bidding to host
 1703  the Summer Olympics or Pan American Games, including, but not
 1704  limited to, current financial and infrastructure status,
 1705  projected financial and infrastructure needs, and
 1706  recommendations for satisfying the unmet needs and fulfilling
 1707  the requirements for a successful bid in any year that the
 1708  Summer Olympics or Pan American Games are held in this state.
 1709         Section 47. Subsection (4) of section 288.7015, Florida
 1710  Statutes, is repealed.
 1711         Section 48. Section 288.7771, Florida Statutes, is amended
 1712  to read:
 1713         288.7771 Annual report of Florida Export Finance
 1714  Corporation.—By March 31 of each year, The corporation shall
 1715  annually prepare and submit to Enterprise Florida, Inc., for
 1716  inclusion in its annual report required by s. 288.095 the
 1717  Governor, the President of the Senate, the Speaker of the House
 1718  of Representatives, the Senate Minority Leader, and the House
 1719  Minority Leader a complete and detailed report setting forth:
 1720         (1) The report required in s. 288.776(3).
 1721         (2) Its assets and liabilities at the end of its most
 1722  recent fiscal year.
 1723         Section 49. Subsections (8), (10), and (11) of section
 1724  288.8175, Florida Statutes, are repealed.
 1725         Section 50. Subsection (5) of section 288.853, Florida
 1726  Statutes, is repealed.
 1727         Section 51. Subsection (5) of section 288.95155, Florida
 1728  Statutes, is amended to read:
 1729         288.95155 Florida Small Business Technology Growth
 1730  Program.—
 1731         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1732  shall prepare and include in its annual report required by s.
 1733  288.095 a report on the financial status of the program and the
 1734  account and shall submit a copy of the report to the board of
 1735  directors of Enterprise Florida, Inc., the appropriate
 1736  legislative committees responsible for economic development
 1737  oversight, and the appropriate legislative appropriations
 1738  subcommittees. The report must shall specify the assets and
 1739  liabilities of the program account within the current fiscal
 1740  year and must shall include a portfolio update that lists all of
 1741  the businesses assisted, the private dollars leveraged by each
 1742  business assisted, and the growth in sales and in employment of
 1743  each business assisted.
 1744         Section 52. Paragraph (c) of subsection (4) of section
 1745  288.9604, Florida Statutes, is amended to read:
 1746         288.9604 Creation of the authority.—
 1747         (4)
 1748         (c) The directors of the corporation shall annually elect
 1749  one of their members as chair and one as vice chair. The
 1750  corporation may employ a president, technical experts, and such
 1751  other agents and employees, permanent and temporary, as it
 1752  requires and determine their qualifications, duties, and
 1753  compensation. For such legal services as it requires, the
 1754  corporation may employ or retain its own counsel and legal
 1755  staff. The corporation shall file with the governing body of
 1756  each public agency with which it has entered into an interlocal
 1757  agreement and with the Governor, the Speaker of the House of
 1758  Representatives, the President of the Senate, the Minority
 1759  Leaders of the Senate and House of Representatives, and the
 1760  Auditor General, on or before 90 days after the close of the
 1761  fiscal year of the corporation, a report of its activities for
 1762  the preceding fiscal year, which report shall include a complete
 1763  financial statement setting forth its assets, liabilities,
 1764  income, and operating expenses as of the end of such fiscal
 1765  year.
 1766         Section 53. Section 288.9610, Florida Statutes, is amended
 1767  to read:
 1768         288.9610 Annual reports of Florida Development Finance
 1769  Corporation.—On or before 90 days after the close of By December
 1770  1 of each year, the Florida Development Finance Corporation’s
 1771  fiscal year, the corporation shall submit to the Governor, the
 1772  Legislature President of the Senate, the Speaker of the House of
 1773  Representatives, the Senate Minority Leader, the House Minority
 1774  Leader, the Auditor General, and the governing body of each
 1775  public entity with which it has entered into an interlocal
 1776  agreement city or county activating the Florida Development
 1777  Finance Corporation a complete and detailed report setting
 1778  forth:
 1779         (1) The results of any audit conducted pursuant to s. 11.45
 1780  evaluation required in s. 11.45(3)(j).
 1781         (2) The activities, operations, and accomplishments of the
 1782  Florida Development Finance Corporation, including the number of
 1783  businesses assisted by the corporation.
 1784         (3) Its assets, and liabilities, income, and operating
 1785  expenses at the end of its most recent fiscal year, including a
 1786  description of all of its outstanding revenue bonds.
 1787         Section 54. Subsection (6) of section 292.05, Florida
 1788  Statutes, is amended to read:
 1789         292.05 Duties of Department of Veterans’ Affairs.—
 1790         (6) The department shall, by on December 31 of each year,
 1791  submit make an annual written report to the Governor, the
 1792  Cabinet, and the Legislature which describes: of the state, the
 1793  Speaker of the House of Representatives, and the President of
 1794  the Senate, which report shall show
 1795         (a) The expenses incurred in veteran service work in the
 1796  state; the number, nature, and kind of cases handled by the
 1797  department and by county and city veteran service officers of
 1798  the state; the amounts of benefits obtained for veterans; the
 1799  names and addresses of all certified veteran service officers,
 1800  including county and city veteran service officers. The report
 1801  must shall also describe the actions taken by the department in
 1802  implementing subsections (4), (5), and (7) and include shall
 1803  contain such other information and recommendations as may appear
 1804  to the department requires to be right and proper.
 1805         (b)The current status of the department’s domiciliary and
 1806  nursing homes established pursuant to chapter 296, including all
 1807  receipts and expenditures, the condition of the homes, the
 1808  number of residents received and discharged during the preceding
 1809  year, occupancy rates, staffing, and any other information
 1810  necessary to provide an understanding of the management,
 1811  conduct, and operation of the homes.
 1812         Section 55. Section 296.16, Florida Statutes, is repealed.
 1813         Section 56. Section 296.39, Florida Statutes, is repealed.
 1814         Section 57. Paragraph (c) of subsection (12) of section
 1815  315.03, Florida Statutes, is repealed.
 1816         Section 58. Subsection (2) of section 319.324, Florida
 1817  Statutes, is amended to read:
 1818         319.324 Odometer fraud prevention and detection; funding.—
 1819         (2) Moneys deposited into the Highway Safety Operating
 1820  Trust Fund under this section shall be used to implement and
 1821  maintain efforts by the department to prevent and detect
 1822  odometer fraud, including the prompt investigation of alleged
 1823  instances of odometer mileage discrepancies reported by licensed
 1824  motor vehicle dealers, auctions, or purchasers of motor
 1825  vehicles. Such moneys shall also be used to fund an annual
 1826  report to the Legislature by the Department of Highway Safety
 1827  and Motor Vehicles, summarizing the department’s investigations
 1828  and findings. In addition, moneys deposited into the fund may be
 1829  used by the department for general operations.
 1830         Section 59. Section 322.181, Florida Statutes, is repealed.
 1831         Section 60. Paragraph (c) of subsection (7) of section
 1832  322.251, Florida Statutes, is repealed.
 1833         Section 61. Section 373.0391, Florida Statutes, is amended
 1834  to read:
 1835         373.0391 Technical assistance to local governments.—
 1836         (1) The water management districts shall assist local
 1837  governments in the development and future revision of local
 1838  government comprehensive plan elements or public facilities
 1839  report as required by s. 189.415, related to water resource
 1840  issues.
 1841         (2) By July 1, 1991, each water management district shall
 1842  prepare and provide information and data to assist local
 1843  governments in the preparation and implementation of their local
 1844  government comprehensive plans or public facilities report as
 1845  required by s. 189.415, whichever is applicable. Such
 1846  information and data shall include, but not be limited to:
 1847         (a) All information and data required in a public
 1848  facilities report pursuant to s. 189.415.
 1849         (b) A description of regulations, programs, and schedules
 1850  implemented by the district.
 1851         (c) Identification of regulations, programs, and schedules
 1852  undertaken or proposed by the district to further the State
 1853  Comprehensive Plan.
 1854         (d) A description of surface water basins, including
 1855  regulatory jurisdictions, flood-prone areas, existing and
 1856  projected water quality in water management district operated
 1857  facilities, as well as surface water runoff characteristics and
 1858  topography regarding flood plains, wetlands, and recharge areas.
 1859         (e) A description of groundwater characteristics, including
 1860  existing and planned wellfield sites, existing and anticipated
 1861  cones of influence, highly productive groundwater areas, aquifer
 1862  recharge areas, deep well injection zones, contaminated areas,
 1863  an assessment of regional water resource needs and sources for
 1864  the next 20 years, and water quality.
 1865         (f) The identification of existing and potential water
 1866  management district land acquisitions.
 1867         (g) Information reflecting the minimum flows for surface
 1868  watercourses to avoid harm to water resources or the ecosystem
 1869  and information reflecting the minimum water levels for aquifers
 1870  to avoid harm to water resources or the ecosystem.
 1871         Section 62. Subsection (4) of section 373.046, Florida
 1872  Statutes, is amended to read:
 1873         373.046 Interagency agreements.—
 1874         (4) The Legislature recognizes and affirms the division of
 1875  responsibilities between the department and the water management
 1876  districts as set forth in ss. III. and X. of each of the
 1877  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 1878  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 1879  operating agreement regarding individual permit oversight is
 1880  rescinded. The department is shall be responsible for permitting
 1881  those activities under part IV of this chapter which, because of
 1882  their complexity and magnitude, need to be economically and
 1883  efficiently evaluated at the state level, including, but not
 1884  limited to, mining, hazardous waste management facilities, and
 1885  solid waste management facilities that do not qualify for a
 1886  general permit under chapter 403. With regard to
 1887  postcertification information submittals for activities
 1888  authorized under chapters 341 and 403 siting act certifications,
 1889  the department, after consultation with the appropriate water
 1890  management district and other agencies having applicable
 1891  regulatory jurisdiction, shall determine be responsible for
 1892  determining the permittee’s compliance with conditions of
 1893  certification which are were based upon the nonprocedural
 1894  requirements of part IV of this chapter. The Legislature
 1895  authorizes The water management districts and the department may
 1896  to modify the division of responsibilities referenced in this
 1897  section and enter into further interagency agreements by
 1898  rulemaking, including incorporation by reference, pursuant to
 1899  chapter 120, to provide for greater efficiency and to avoid
 1900  duplication in the administration of part IV of this chapter by
 1901  designating certain activities that which will be regulated by
 1902  either the water management districts or the department. In
 1903  developing such interagency agreements, the water management
 1904  districts and the department shall consider should take into
 1905  consideration the technical and fiscal ability of each water
 1906  management district to implement all or some of the provisions
 1907  of part IV of this chapter. This subsection does not rescind or
 1908  restrict Nothing herein rescinds or restricts the authority of
 1909  the districts to regulate silviculture and agriculture pursuant
 1910  to part IV of this chapter or s. 403.927. By December 10, 1993,
 1911  the secretary of the department shall submit a report to the
 1912  President of the Senate and the Speaker of the House of
 1913  Representatives regarding the efficiency of the procedures and
 1914  the division of responsibilities contemplated by this subsection
 1915  and regarding progress toward the execution of further
 1916  interagency agreements and the integration of permitting with
 1917  sovereignty lands approval. The report also will consider the
 1918  feasibility of improving the protection of the environment
 1919  through comprehensive criteria for protection of natural
 1920  systems.
 1921         Section 63. Subsection (14) of section 376.121, Florida
 1922  Statutes, is repealed.
 1923         Section 64. Section 376.17, Florida Statutes, is repealed.
 1924         Section 65. Subsection (5) of section 376.30713, Florida
 1925  Statutes, is repealed.
 1926         Section 66. Subsection (2) of section 379.2211, Florida
 1927  Statutes, is amended to read:
 1928         379.2211 Florida waterfowl permit revenues.—
 1929         (2) The intent of this section is to expand waterfowl
 1930  research and management and increase waterfowl populations in
 1931  the state without detracting from other programs. The commission
 1932  shall prepare and make available on its Internet website an
 1933  annual report documenting the use of funds generated under the
 1934  provisions of this section, to be submitted to the Governor, the
 1935  Speaker of the House of Representatives, and the President of
 1936  the Senate on or before September 1 of each year.
 1937         Section 67. Subsection (2) of section 379.2212, Florida
 1938  Statutes, is amended to read:
 1939         379.2212 Florida wild turkey permit revenues.—
 1940         (2) The intent of this section is to expand wild turkey
 1941  research and management and to increase wild turkey populations
 1942  in the state without detracting from other programs. The
 1943  commission shall prepare and make available on its Internet
 1944  website an annual report documenting the use of funds generated
 1945  under the provisions of this section, to be submitted to the
 1946  Governor, the Speaker of the House of Representatives, and the
 1947  President of the Senate on or before September 1 of each year.
 1948         Section 68. Subsection (8) of section 379.2523, Florida
 1949  Statutes, is repealed.
 1950         Section 69. Paragraph (a) of subsection (2) of section
 1951  380.06, Florida Statutes, is amended to read:
 1952         380.06 Developments of regional impact.—
 1954         (a) The state land planning agency shall recommend to the
 1955  Administration Commission specific statewide guidelines and
 1956  standards for adoption pursuant to this subsection. The
 1957  Administration Commission shall by rule adopt statewide
 1958  guidelines and standards to be used in determining whether
 1959  particular developments shall undergo development-of-regional
 1960  impact review. The statewide guidelines and standards previously
 1961  adopted by the Administration Commission and approved by the
 1962  Legislature shall remain in effect unless revised pursuant to
 1963  this section or superseded by other provisions of law. Revisions
 1964  to the present statewide guidelines and standards, after
 1965  adoption by the Administration Commission, shall be transmitted
 1966  on or before March 1 to the President of the Senate and the
 1967  Speaker of the House of Representatives for presentation at the
 1968  next regular session of the Legislature. Unless approved by law
 1969  by the Legislature, the revisions to the present guidelines and
 1970  standards shall not become effective.
 1971         Section 70. Subsection (3) of section 380.0677, Florida
 1972  Statutes, is repealed.
 1973         Section 71. Subsection (3) of section 381.0011, Florida
 1974  Statutes, is repealed.
 1975         Section 72. Section 381.0036, Florida Statutes, is
 1976  repealed.
 1977         Section 73. Section 381.731, Florida Statutes, is repealed.
 1978         Section 74. Section 381.795, Florida Statutes, is amended
 1979  to read:
 1980         381.795 Long-term community-based supports.—The department
 1981  shall, contingent upon specific appropriations for these
 1982  purposes, establish:
 1983         (1) Study the long-term needs for community-based supports
 1984  and services for individuals who have sustained traumatic brain
 1985  or spinal cord injuries. The purpose of this study is to prevent
 1986  inappropriate residential and institutional placement of these
 1987  individuals, and promote placement in the most cost effective
 1988  and least restrictive environment. Any placement recommendations
 1989  for these individuals shall ensure full utilization of and
 1990  collaboration with other state agencies, programs, and community
 1991  partners. This study shall be submitted to the Governor, the
 1992  President of the Senate, and the Speaker of the House of
 1993  Representatives not later than December 31, 2000.
 1994         (2) Based upon the results of this study, establish a plan
 1995  for the implementation of a program of long-term community-based
 1996  supports and services for individuals who have sustained
 1997  traumatic brain or spinal cord injuries and who may be subject
 1998  to inappropriate residential and institutional placement as a
 1999  direct result of such injuries.
 2000         (1)(a) The program shall be payor of last resort for
 2001  program services, and expenditures for such services shall be
 2002  considered funded services for purposes of s. 381.785; however,
 2003  notwithstanding s. 381.79(5), proceeds resulting from this
 2004  subsection shall be used solely for this program.
 2005         (2)(b) The department shall adopt create, by rule,
 2006  procedures to ensure, that if in the event the program is unable
 2007  to directly or indirectly provide such services to all eligible
 2008  individuals due to lack of funds, those individuals most at risk
 2009  of suffering to suffer the greatest harm from an imminent
 2010  inappropriate residential or institutional placement are served
 2011  first.
 2012         (3)(c) Every applicant or recipient of the long-term
 2013  community-based supports and services program must shall have
 2014  been a resident of the state for 1 year immediately preceding
 2015  application and be a resident of the state at the time of
 2016  application.
 2017         (4)(d) The department shall adopt rules pursuant to ss.
 2018  120.536(1) and 120.54 to administer implement the provision of
 2019  this section subsection.
 2020         Section 75. Section 381.931, Florida Statutes, is amended
 2021  to read:
 2022         381.931 Annual report on Medicaid expenditures.—The
 2023  Department of Health and the Agency for Health Care
 2024  Administration shall monitor the total Medicaid expenditures for
 2025  services made under this act. If Medicaid expenditures are
 2026  projected to exceed the amount appropriated by the Legislature,
 2027  the Department of Health shall limit the number of screenings to
 2028  ensure Medicaid expenditures do not exceed the amount
 2029  appropriated. The Department of Health, in cooperation with the
 2030  Agency for Health Care Administration, shall prepare an annual
 2031  report that must include the number of women screened; the
 2032  percentage of positive and negative outcomes; the number of
 2033  referrals to Medicaid and other providers for treatment
 2034  services; the estimated number of women who are not screened or
 2035  not served by Medicaid due to funding limitations, if any; the
 2036  cost of Medicaid treatment services; and the estimated cost of
 2037  treatment services for women who were not screened or referred
 2038  for treatment due to funding limitations. The report shall be
 2039  submitted to the President of the Senate, the Speaker of the
 2040  House of Representatives, and the Executive Office of the
 2041  Governor by March 1 of each year.
 2042         Section 76. Subsection (6) of section 383.19, Florida
 2043  Statutes, is amended to read:
 2044         383.19 Standards; funding; ineligibility.—
 2045         (6) Each hospital that which contracts with the department
 2046  to provide services under the terms of ss. 383.15-383.21 shall
 2047  prepare and submit to the department an annual report that
 2048  includes, but is not limited to, the number of clients served
 2049  and the costs of services in the center. The department shall
 2050  annually conduct a programmatic and financial evaluation of each
 2051  center.
 2052         Section 77. Section 383.21, Florida Statutes, is repealed.
 2053         Section 78. Section 383.2161, Florida Statutes, is amended
 2054  to read:
 2055         383.2161 Maternal and child health report.—The Department
 2056  of Health annually shall annually compile and analyze the risk
 2057  information collected by the Office of Vital Statistics and the
 2058  district prenatal and infant care coalitions and shall maintain
 2059  county and statewide data on prepare and submit to the
 2060  Legislature by January 2 a report that includes, but is not
 2061  limited to:
 2062         (1) The number of families identified as families at
 2063  potential risk;
 2064         (2) The number of families receiving that receive family
 2065  outreach services;
 2066         (3) The increase in demand for services; and
 2067         (4) The unmet need for services for identified target
 2068  groups.
 2069         Section 79. Subsection (4) of section 394.4573, Florida
 2070  Statutes, is repealed.
 2071         Section 80. Subsection (1) of section 394.4985, Florida
 2072  Statutes, is amended to read:
 2073         394.4985 Districtwide information and referral network;
 2074  implementation.—
 2075         (1) Each service district of the Department of Children and
 2076  Family Services shall develop a detailed implementation plan for
 2077  a districtwide comprehensive child and adolescent mental health
 2078  information and referral network to be operational by July 1,
 2079  1999. The plan must include an operating budget that
 2080  demonstrates cost efficiencies and identifies funding sources
 2081  for the district information and referral network. The plan must
 2082  be submitted by the department to the Legislature by October 1,
 2083  1998. The district shall use existing district information and
 2084  referral providers if, in the development of the plan, it is
 2085  concluded that these providers would deliver information and
 2086  referral services in a more efficient and effective manner when
 2087  compared to other alternatives. The district information and
 2088  referral network must include:
 2089         (a) A resource file that contains information about the
 2090  child and adolescent mental health services as described in s.
 2091  394.495, including, but not limited to:
 2092         1. Type of program;
 2093         2. Hours of service;
 2094         3. Ages of persons served;
 2095         4. Program description;
 2096         5. Eligibility requirements; and
 2097         6. Fees.
 2098         (b) Information about private providers and professionals
 2099  in the community who which serve children and adolescents with
 2100  an emotional disturbance.
 2101         (c) A system to document requests for services which that
 2102  are received through the network referral process, including,
 2103  but not limited to:
 2104         1. Number of calls by type of service requested;
 2105         2. Ages of the children and adolescents for whom services
 2106  are requested; and
 2107         3. Type of referral made by the network.
 2108         (d) The ability to share client information with the
 2109  appropriate community agencies.
 2110         (e) The submission of an annual report to the department,
 2111  the Agency for Health Care Administration, and appropriate local
 2112  government entities, which contains information about the
 2113  sources and frequency of requests for information, types and
 2114  frequency of services requested, and types and frequency of
 2115  referrals made.
 2116         Section 81. Section 394.82, Florida Statutes, is repealed.
 2117         Section 82. Subsection (9) of section 394.9082, Florida
 2118  Statutes, is repealed.
 2119         Section 83. Section 394.9083, Florida Statutes, is
 2120  repealed.
 2121         Section 84. Paragraph (c) of subsection (2) of section
 2122  395.807, Florida Statutes, is repealed.
 2123         Section 85. Subsection (3) of section 397.332, Florida
 2124  Statutes, is repealed.
 2125         Section 86. Subsection (4) of section 397.333, Florida
 2126  Statutes, is amended to read:
 2127         397.333 Statewide Drug Policy Advisory Council.—
 2128         (4)(a) The chairperson of the advisory council shall
 2129  appoint workgroups that include members of state agencies that
 2130  are not represented on the advisory council and shall solicit
 2131  input and recommendations from those state agencies. In
 2132  addition, The chairperson may also appoint workgroups as
 2133  necessary from among the members of the advisory council in
 2134  order to efficiently address specific issues. A representative
 2135  of a state agency appointed to any workgroup shall be the head
 2136  of the agency, or his or her designee. The chairperson may
 2137  designate lead and contributing agencies within a workgroup.
 2138         (b) The advisory council shall submit a report to the
 2139  Governor, the President of the Senate, and the Speaker of the
 2140  House of Representatives by December 1 of each year which
 2141  contains a summary of the work of the council during that year
 2142  and the recommendations required under subsection (3). Interim
 2143  reports may be submitted at the discretion of the chairperson of
 2144  the advisory council.
 2145         Section 87. Subsection (1) of section 397.94, Florida
 2146  Statutes, is repealed.
 2147         Section 88. Subsection (2) of section 400.148, Florida
 2148  Statutes, is repealed.
 2149         Section 89. Paragraph (a) of subsection (2) of section
 2150  400.967, Florida Statutes, is amended to read:
 2151         400.967 Rules and classification of deficiencies.—
 2152         (2) Pursuant to the intention of the Legislature, the
 2153  agency, in consultation with the Agency for Persons with
 2154  Disabilities and the Department of Elderly Affairs, shall adopt
 2155  and enforce rules to administer this part and part II of chapter
 2156  408, which shall include reasonable and fair criteria governing:
 2157         (a) The location and construction of the facility;
 2158  including fire and life safety, plumbing, heating, cooling,
 2159  lighting, ventilation, and other housing conditions that will
 2160  ensure the health, safety, and comfort of residents. The agency
 2161  shall establish standards for facilities and equipment to
 2162  increase the extent to which new facilities and a new wing or
 2163  floor added to an existing facility after July 1, 2000, are
 2164  structurally capable of serving as shelters only for residents,
 2165  staff, and families of residents and staff, and equipped to be
 2166  self-supporting during and immediately following disasters. The
 2167  Agency for Health Care Administration shall work with facilities
 2168  licensed under this part and report to the Governor and the
 2169  Legislature by April 1, 2000, its recommendations for cost
 2170  effective renovation standards to be applied to existing
 2171  facilities. In making such rules, the agency shall be guided by
 2172  criteria recommended by nationally recognized, reputable
 2173  professional groups and associations having knowledge concerning
 2174  such subject matters. The agency shall update or revise the such
 2175  criteria as the need arises. All facilities must comply with
 2176  those lifesafety code requirements and building code standards
 2177  applicable at the time of approval of their construction plans.
 2178  The agency may require alterations to a building if it
 2179  determines that an existing condition constitutes a distinct
 2180  hazard to life, health, or safety. The agency shall adopt fair
 2181  and reasonable rules setting forth conditions under which
 2182  existing facilities undergoing additions, alterations,
 2183  conversions, renovations, or repairs are required to comply with
 2184  the most recent updated or revised standards.
 2185         Section 90. Subsection (3) of section 402.3016, Florida
 2186  Statutes, is repealed.
 2187         Section 91. Subsection (9) of section 402.40, Florida
 2188  Statutes, is repealed.
 2189         Section 92. Subsection (1) of section 403.4131, Florida
 2190  Statutes, is amended to read:
 2191         403.4131 Litter control.—
 2192         (1) The Department of Transportation shall establish an
 2193  “adopt-a-highway” program to allow local organizations to be
 2194  identified with specific highway cleanup and highway
 2195  beautification projects authorized under s. 339.2405. The
 2196  department shall report to the Governor and the Legislature on
 2197  the progress achieved and the savings incurred by the “adopt-a
 2198  highway” program. The department shall also monitor and report
 2199  on compliance with the provisions of the adopt-a-highway program
 2200  to ensure that organizations participating that participate in
 2201  the program comply with the goals identified by the department.
 2202         Section 93. Paragraph (a) of subsection (4) of section
 2203  406.02, Florida Statutes, is repealed.
 2204         Section 94. Paragraph (g) of subsection (1) of section
 2205  408.033, Florida Statutes, is amended to read:
 2206         408.033 Local and state health planning.—
 2207         (1) LOCAL HEALTH COUNCILS.—
 2208         (g) Each local health council may is authorized to accept
 2209  and receive, in furtherance of its health planning functions,
 2210  funds, grants, and services from governmental agencies and from
 2211  private or civic sources and to perform studies related to local
 2212  health planning in exchange for such funds, grants, or services.
 2213  Each local health council shall, no later than January 30 of
 2214  each year, render an accounting of the receipt and disbursement
 2215  of such funds received by it to the Department of Health. The
 2216  department shall consolidate all such reports and submit such
 2217  consolidated report to the Legislature no later than March 1 of
 2218  each year.
 2219         Section 95. Subsection (4) of section 408.914, Florida
 2220  Statutes, is repealed.
 2221         Section 96. Paragraph (i) of subsection (3) of section
 2222  408.915, Florida Statutes, is repealed.
 2223         Section 97. Section 408.917, Florida Statutes, is repealed.
 2224         Section 98. Paragraph (b) of subsection (7) of section
 2225  409.1451, Florida Statutes, is amended to read:
 2226         409.1451 Independent living transition services.—
 2228  Secretary of Children and Family Services shall establish the
 2229  Independent Living Services Advisory Council for the purpose of
 2230  reviewing and making recommendations concerning the
 2231  implementation and operation of the independent living
 2232  transition services. This advisory council shall continue to
 2233  function as specified in this subsection until the Legislature
 2234  determines that the advisory council can no longer provide a
 2235  valuable contribution to the department’s efforts to achieve the
 2236  goals of the independent living transition services.
 2237         (b) The advisory council shall report to the secretary
 2238  appropriate substantive committees of the Senate and the House
 2239  of Representatives on the status of the implementation of the
 2240  system of independent living transition services; efforts to
 2241  publicize the availability of aftercare support services, the
 2242  Road-to-Independence Program, and transitional support services;
 2243  the success of the services; problems identified;
 2244  recommendations for department or legislative action; and the
 2245  department’s implementation of the recommendations contained in
 2246  the Independent Living Services Integration Workgroup Report
 2247  submitted to the appropriate Senate and the House substantive
 2248  committees of the Legislature by December 31, 2002. The
 2249  department shall submit a report by December 31 of each year to
 2250  the Governor and the Legislature This advisory council report
 2251  shall be submitted by December 31 of each year that the council
 2252  is in existence and shall be accompanied by a report from the
 2253  department which includes a summary of the factors reported on
 2254  by the council and identifies the recommendations of the
 2255  advisory council and either describes the department’s actions
 2256  to implement the these recommendations or provides the
 2257  department’s rationale for not implementing the recommendations.
 2258         Section 99. Section 409.152, Florida Statutes, is repealed.
 2259         Section 100. Subsections (1) and (2) of section 409.1679,
 2260  Florida Statutes, are repealed.
 2261         Section 101. Section 409.1685, Florida Statutes, is amended
 2262  to read:
 2263         409.1685 Children in foster care; annual report to
 2264  Legislature.—The Department of Children and Family Services
 2265  shall submit a written report to the Governor and substantive
 2266  committees of the Legislature concerning the status of children
 2267  in foster care and concerning the judicial review mandated by
 2268  part X of chapter 39. The This report shall be submitted by May
 2269  March 1 of each year and must shall include the following
 2270  information for the prior calendar year:
 2271         (1) The number of 6-month and annual judicial reviews
 2272  completed during that period.
 2273         (2) The number of children in foster care returned to a
 2274  parent, guardian, or relative as a result of a 6-month or annual
 2275  judicial review hearing during that period.
 2276         (3) The number of termination of parental rights
 2277  proceedings instituted during that period, including which shall
 2278  include:
 2279         (a) The number of termination of parental rights
 2280  proceedings initiated pursuant to former s. 39.703; and
 2281         (b) The total number of terminations of parental rights
 2282  ordered.
 2283         (4) The number of foster care children placed for adoption
 2284  during that period.
 2285         Section 102. Paragraph (k) of subsection (4) of section
 2286  409.221, Florida Statutes, is repealed.
 2287         Section 103. Paragraph (a) of subsection (3) of section
 2288  409.25575, Florida Statutes, is amended to read:
 2289         409.25575 Support enforcement; privatization.—
 2290         (3)(a) The department shall establish a quality assurance
 2291  program for the privatization of services. The quality assurance
 2292  program must include standards for each specific component of
 2293  these services. The department shall establish minimum
 2294  thresholds for each component. Each program operated pursuant to
 2295  contract must be evaluated annually by the department or by an
 2296  objective competent entity designated by the department under
 2297  the provisions of the quality assurance program. The evaluation
 2298  must be financed from cost savings associated with the
 2299  privatization of services. The department shall submit an annual
 2300  report regarding quality performance, outcome measure
 2301  attainment, and cost efficiency to the President of the Senate,
 2302  the Speaker of the House of Representatives, the Minority leader
 2303  of each house of the Legislature, and the Governor no later than
 2304  January 31 of each year, beginning in 1999. The quality
 2305  assurance program must be financed through administrative
 2306  savings generated by this act.
 2307         Section 104. Subsection (9) of section 409.2558, Florida
 2308  Statutes, is amended to read:
 2309         409.2558 Support distribution and disbursement.—
 2310         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2311  administer this section. The department shall provide a draft of
 2312  the proposed concepts for the rule for the undistributable
 2313  collections to interested parties for review and recommendations
 2314  prior to full development of the rule and initiating the formal
 2315  rule-development process. The department shall consider but is
 2316  not required to implement the recommendations. The department
 2317  shall provide a report to the President of the Senate and the
 2318  Speaker of the House of Representatives containing the
 2319  recommendations received from interested parties and the
 2320  department’s response regarding incorporating the
 2321  recommendations into the rule.
 2322         Section 105. Subsection (3) of section 409.441, Florida
 2323  Statutes, is repealed.
 2324         Section 106. Subsection (24) of section 409.906, Florida
 2325  Statutes, is amended to read:
 2326         409.906 Optional Medicaid services.—Subject to specific
 2327  appropriations, the agency may make payments for services which
 2328  are optional to the state under Title XIX of the Social Security
 2329  Act and are furnished by Medicaid providers to recipients who
 2330  are determined to be eligible on the dates on which the services
 2331  were provided. Any optional service that is provided shall be
 2332  provided only when medically necessary and in accordance with
 2333  state and federal law. Optional services rendered by providers
 2334  in mobile units to Medicaid recipients may be restricted or
 2335  prohibited by the agency. Nothing in this section shall be
 2336  construed to prevent or limit the agency from adjusting fees,
 2337  reimbursement rates, lengths of stay, number of visits, or
 2338  number of services, or making any other adjustments necessary to
 2339  comply with the availability of moneys and any limitations or
 2340  directions provided for in the General Appropriations Act or
 2341  chapter 216. If necessary to safeguard the state’s systems of
 2342  providing services to elderly and disabled persons and subject
 2343  to the notice and review provisions of s. 216.177, the Governor
 2344  may direct the Agency for Health Care Administration to amend
 2345  the Medicaid state plan to delete the optional Medicaid service
 2346  known as “Intermediate Care Facilities for the Developmentally
 2347  Disabled.” Optional services may include:
 2348         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2349  Health Care Administration, in consultation with the Department
 2350  of Children and Family Services, may establish a targeted case
 2351  management project in those counties identified by the
 2352  Department of Children and Family Services and for all counties
 2353  with a community-based child welfare project, as authorized
 2354  under s. 409.1671, which have been specifically approved by the
 2355  department. Results of targeted case management projects shall
 2356  be reported to the Social Services Estimating Conference
 2357  established under s. 216.136. The covered group of individuals
 2358  who are eligible to receive targeted case management include
 2359  children who are eligible for Medicaid; who are between the ages
 2360  of birth through 21; and who are under protective supervision or
 2361  postplacement supervision, under foster-care supervision, or in
 2362  shelter care or foster care. The number of individuals who are
 2363  eligible to receive targeted case management is shall be limited
 2364  to the number for whom the Department of Children and Family
 2365  Services has available matching funds to cover the costs. The
 2366  general revenue funds required to match the funds for services
 2367  provided by the community-based child welfare projects are
 2368  limited to funds available for services described under s.
 2369  409.1671. The Department of Children and Family Services may
 2370  transfer the general revenue matching funds as billed by the
 2371  Agency for Health Care Administration.
 2372         Section 107. Paragraph (b) of subsection (4), subsections
 2373  (29) and (44), and paragraph (c) of subsection (49) of section
 2374  409.912, Florida Statutes, are amended to read:
 2375         409.912 Cost-effective purchasing of health care.—The
 2376  agency shall purchase goods and services for Medicaid recipients
 2377  in the most cost-effective manner consistent with the delivery
 2378  of quality medical care. To ensure that medical services are
 2379  effectively utilized, the agency may, in any case, require a
 2380  confirmation or second physician’s opinion of the correct
 2381  diagnosis for purposes of authorizing future services under the
 2382  Medicaid program. This section does not restrict access to
 2383  emergency services or poststabilization care services as defined
 2384  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2385  shall be rendered in a manner approved by the agency. The agency
 2386  shall maximize the use of prepaid per capita and prepaid
 2387  aggregate fixed-sum basis services when appropriate and other
 2388  alternative service delivery and reimbursement methodologies,
 2389  including competitive bidding pursuant to s. 287.057, designed
 2390  to facilitate the cost-effective purchase of a case-managed
 2391  continuum of care. The agency shall also require providers to
 2392  minimize the exposure of recipients to the need for acute
 2393  inpatient, custodial, and other institutional care and the
 2394  inappropriate or unnecessary use of high-cost services. The
 2395  agency shall contract with a vendor to monitor and evaluate the
 2396  clinical practice patterns of providers in order to identify
 2397  trends that are outside the normal practice patterns of a
 2398  provider’s professional peers or the national guidelines of a
 2399  provider’s professional association. The vendor must be able to
 2400  provide information and counseling to a provider whose practice
 2401  patterns are outside the norms, in consultation with the agency,
 2402  to improve patient care and reduce inappropriate utilization.
 2403  The agency may mandate prior authorization, drug therapy
 2404  management, or disease management participation for certain
 2405  populations of Medicaid beneficiaries, certain drug classes, or
 2406  particular drugs to prevent fraud, abuse, overuse, and possible
 2407  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2408  Committee shall make recommendations to the agency on drugs for
 2409  which prior authorization is required. The agency shall inform
 2410  the Pharmaceutical and Therapeutics Committee of its decisions
 2411  regarding drugs subject to prior authorization. The agency is
 2412  authorized to limit the entities it contracts with or enrolls as
 2413  Medicaid providers by developing a provider network through
 2414  provider credentialing. The agency may competitively bid single
 2415  source-provider contracts if procurement of goods or services
 2416  results in demonstrated cost savings to the state without
 2417  limiting access to care. The agency may limit its network based
 2418  on the assessment of beneficiary access to care, provider
 2419  availability, provider quality standards, time and distance
 2420  standards for access to care, the cultural competence of the
 2421  provider network, demographic characteristics of Medicaid
 2422  beneficiaries, practice and provider-to-beneficiary standards,
 2423  appointment wait times, beneficiary use of services, provider
 2424  turnover, provider profiling, provider licensure history,
 2425  previous program integrity investigations and findings, peer
 2426  review, provider Medicaid policy and billing compliance records,
 2427  clinical and medical record audits, and other factors. Providers
 2428  shall not be entitled to enrollment in the Medicaid provider
 2429  network. The agency shall determine instances in which allowing
 2430  Medicaid beneficiaries to purchase durable medical equipment and
 2431  other goods is less expensive to the Medicaid program than long
 2432  term rental of the equipment or goods. The agency may establish
 2433  rules to facilitate purchases in lieu of long-term rentals in
 2434  order to protect against fraud and abuse in the Medicaid program
 2435  as defined in s. 409.913. The agency may seek federal waivers
 2436  necessary to administer these policies.
 2437         (4) The agency may contract with:
 2438         (b) An entity that is providing comprehensive behavioral
 2439  health care services to specified certain Medicaid recipients
 2440  through a capitated, prepaid arrangement pursuant to the federal
 2441  waiver in provided for by s. 409.905(5). The Such entity must be
 2442  licensed under chapter 624, chapter 636, or chapter 641, or
 2443  authorized under paragraph (c), and must possess the clinical
 2444  systems and operational competence to manage risk and provide
 2445  comprehensive behavioral health care to Medicaid recipients. As
 2446  used in this paragraph, the term “comprehensive behavioral
 2447  health care services” means covered mental health and substance
 2448  abuse treatment services that are available to Medicaid
 2449  recipients. The Secretary of the Department of Children and
 2450  Family Services shall approve provisions of procurements related
 2451  to children in the department’s care or custody before enrolling
 2452  such children in a prepaid behavioral health plan. A Any
 2453  contract awarded under this paragraph must be competitively
 2454  procured. In developing The behavioral health care prepaid plan
 2455  procurement document must require, the agency shall ensure that
 2456  the procurement document requires the contractor to develop and
 2457  implement a plan that ensures to ensure compliance with s.
 2458  394.4574 related to services provided to residents of licensed
 2459  assisted living facilities that hold a limited mental health
 2460  license. Except as provided in subparagraph 8., and except in
 2461  counties where the Medicaid managed care pilot program is
 2462  authorized pursuant to s. 409.91211, the agency shall seek
 2463  federal approval to contract with a single entity meeting the
 2464  these requirements to provide comprehensive behavioral health
 2465  care services to all Medicaid recipients not enrolled in a
 2466  Medicaid managed care plan authorized under s. 409.91211 or a
 2467  Medicaid health maintenance organization in an agency AHCA area.
 2468  In an agency AHCA area where the Medicaid managed care pilot
 2469  program is authorized pursuant to s. 409.91211 in one or more
 2470  counties, the agency may procure a contract with a single entity
 2471  to serve the remaining counties as an agency AHCA area or the
 2472  remaining counties may be included with an adjacent agency AHCA
 2473  area and are subject to this paragraph. Each entity must offer a
 2474  sufficient choice of providers in its network to ensure
 2475  recipient access to care and the opportunity to select a
 2476  provider with whom the recipient is they are satisfied. The
 2477  network must shall include all public mental health hospitals.
 2478  To ensure unimpaired access to behavioral health care services
 2479  by Medicaid recipients, all contracts issued pursuant to this
 2480  paragraph must require 80 percent of the capitation paid to the
 2481  managed care plan, including health maintenance organizations,
 2482  to be expended for the provision of behavioral health care
 2483  services. If the managed care plan expends less than 80 percent
 2484  of the capitation paid for the provision of behavioral health
 2485  care services, the difference must shall be returned to the
 2486  agency. The agency shall provide the plan with a certification
 2487  letter indicating the amount of capitation paid during each
 2488  calendar year for behavioral health care services pursuant to
 2489  this section. The agency may reimburse for substance abuse
 2490  treatment services on a fee-for-service basis until the agency
 2491  finds that adequate funds are available for capitated, prepaid
 2492  arrangements.
 2493         1. By January 1, 2001, the agency shall modify the
 2494  Contracts with the entities providing comprehensive inpatient
 2495  and outpatient mental health care services to Medicaid
 2496  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
 2497  Counties must, to include substance abuse treatment services.
 2498         2. By July 1, 2003, The agency and the Department of
 2499  Children and Family Services shall execute a written agreement
 2500  that requires collaboration and joint development of all policy,
 2501  budgets, procurement documents, contracts, and monitoring plans
 2502  that have an impact on the state and Medicaid community mental
 2503  health and targeted case management programs.
 2504         3. Except as provided in subparagraph 8., by July 1, 2006,
 2505  the agency and the Department of Children and Family Services
 2506  shall contract with managed care entities in each agency AHCA
 2507  area except area 6 or arrange to provide comprehensive inpatient
 2508  and outpatient mental health and substance abuse services
 2509  through capitated prepaid arrangements to all Medicaid
 2510  recipients who are eligible to participate in such plans under
 2511  federal law and regulation. In agency AHCA areas where the
 2512  eligible population is fewer individuals number less than
 2513  150,000, the agency shall contract with a single managed care
 2514  plan to provide comprehensive behavioral health services to all
 2515  recipients who are not enrolled in a Medicaid health maintenance
 2516  organization or a Medicaid capitated managed care plan
 2517  authorized under s. 409.91211. The agency may contract with more
 2518  than one comprehensive behavioral health provider to provide
 2519  care to recipients who are not enrolled in a Medicaid capitated
 2520  managed care plan authorized under s. 409.91211 or a Medicaid
 2521  health maintenance organization in agency AHCA areas where the
 2522  eligible population exceeds 150,000. In an agency AHCA area
 2523  where the Medicaid managed care pilot program is authorized
 2524  pursuant to s. 409.91211 in one or more counties, the agency may
 2525  procure a contract with a single entity to serve the remaining
 2526  counties as an agency AHCA area or the remaining counties may be
 2527  included with an adjacent agency AHCA area and shall be subject
 2528  to this paragraph. Contracts for comprehensive behavioral health
 2529  providers awarded pursuant to this section shall be
 2530  competitively procured. Both For-profit and not-for-profit
 2531  corporations are eligible to compete. Managed care plans
 2532  contracting with the agency under subsection (3) shall provide
 2533  and receive payment for the same comprehensive behavioral health
 2534  benefits as provided in agency AHCA rules, including handbooks
 2535  incorporated by reference. In agency AHCA area 11, the agency
 2536  shall contract with at least two comprehensive behavioral health
 2537  care providers to provide behavioral health care to recipients
 2538  in that area who are enrolled in, or assigned to, the MediPass
 2539  program. One of the behavioral health care contracts must be
 2540  with the existing provider service network pilot project, as
 2541  described in paragraph (d), for the purpose of demonstrating the
 2542  cost-effectiveness of the provision of quality mental health
 2543  services through a public hospital-operated managed care model.
 2544  Payment must shall be at an agreed-upon capitated rate to ensure
 2545  cost savings. Of the recipients in area 11 who are assigned to
 2546  MediPass under s. 409.9122(2)(k), a minimum of 50,000 must of
 2547  those MediPass-enrolled recipients shall be assigned to the
 2548  existing provider service network in area 11 for their
 2549  behavioral care.
 2550         4. By October 1, 2003, the agency and the department shall
 2551  submit a plan to the Governor, the President of the Senate, and
 2552  the Speaker of the House of Representatives which provides for
 2553  the full implementation of capitated prepaid behavioral health
 2554  care in all areas of the state.
 2555         a. Implementation shall begin in 2003 in those AHCA areas
 2556  of the state where the agency is able to establish sufficient
 2557  capitation rates.
 2558         4.b. If the agency determines that the proposed capitation
 2559  rate in an any area is insufficient to provide appropriate
 2560  services, the agency may adjust the capitation rate to ensure
 2561  that care is will be available. The agency and the department
 2562  may use existing general revenue to address any additional
 2563  required match but may not over-obligate existing funds on an
 2564  annualized basis.
 2565         c. Subject to any limitations provided in the General
 2566  Appropriations Act, the agency, in compliance with appropriate
 2567  federal authorization, shall develop policies and procedures
 2568  that allow for certification of local and state funds.
 2569         5. Children residing in a statewide inpatient psychiatric
 2570  program, or in a Department of Juvenile Justice or a Department
 2571  of Children and Family Services residential program approved as
 2572  a Medicaid behavioral health overlay services provider may not
 2573  be included in a behavioral health care prepaid health plan or
 2574  any other Medicaid managed care plan pursuant to this paragraph.
 2575         6. In converting to a prepaid system of delivery, the
 2576  agency shall in its procurement document shall require an entity
 2577  providing only comprehensive behavioral health care services to
 2578  prevent the displacement of indigent care patients by enrollees
 2579  in the Medicaid prepaid health plan providing behavioral health
 2580  care services from facilities receiving state funding to provide
 2581  indigent behavioral health care, to facilities licensed under
 2582  chapter 395 which do not receive state funding for indigent
 2583  behavioral health care, or reimburse the unsubsidized facility
 2584  for the cost of behavioral health care provided to the displaced
 2585  indigent care patient.
 2586         7. Traditional community mental health providers under
 2587  contract with the Department of Children and Family Services
 2588  pursuant to part IV of chapter 394, child welfare providers
 2589  under contract with the Department of Children and Family
 2590  Services in areas 1 and 6, and inpatient mental health providers
 2591  licensed under pursuant to chapter 395 must be offered an
 2592  opportunity to accept or decline a contract to participate in
 2593  any provider network for prepaid behavioral health services.
 2594         8. All Medicaid-eligible children, except children in area
 2595  1 and children in Highlands County, Hardee County, Polk County,
 2596  or Manatee County of area 6, that are open for child welfare
 2597  services in the HomeSafeNet system, shall receive their
 2598  behavioral health care services through a specialty prepaid plan
 2599  operated by community-based lead agencies through a single
 2600  agency or formal agreements among several agencies. The
 2601  specialty prepaid plan must result in savings to the state
 2602  comparable to savings achieved in other Medicaid managed care
 2603  and prepaid programs. The Such plan must provide mechanisms to
 2604  maximize state and local revenues. The agency and the Department
 2605  of Children and Family Services specialty prepaid plan shall
 2606  develop the specialty prepaid plan be developed by the agency
 2607  and the Department of Children and Family Services. The agency
 2608  may seek federal waivers to implement this initiative. Medicaid
 2609  eligible children whose cases are open for child welfare
 2610  services in the HomeSafeNet system and who reside in agency AHCA
 2611  area 10 are exempt from the specialty prepaid plan upon the
 2612  development of a service delivery mechanism for children who
 2613  reside in area 10 as specified in s. 409.91211(3)(dd).
 2614         (29) The agency shall perform enrollments and
 2615  disenrollments for Medicaid recipients who are eligible for
 2616  MediPass or managed care plans. Notwithstanding the prohibition
 2617  contained in paragraph (21)(f), managed care plans may perform
 2618  preenrollments of Medicaid recipients under the supervision of
 2619  the agency or its agents. For the purposes of this section, the
 2620  term “preenrollment” means the provision of marketing and
 2621  educational materials to a Medicaid recipient and assistance in
 2622  completing the application forms, but does shall not include
 2623  actual enrollment into a managed care plan. An application for
 2624  enrollment may shall not be deemed complete until the agency or
 2625  its agent verifies that the recipient made an informed,
 2626  voluntary choice. The agency, in cooperation with the Department
 2627  of Children and Family Services, may test new marketing
 2628  initiatives to inform Medicaid recipients about their managed
 2629  care options at selected sites. The agency shall report to the
 2630  Legislature on the effectiveness of such initiatives. The agency
 2631  may contract with a third party to perform managed care plan and
 2632  MediPass enrollment and disenrollment services for Medicaid
 2633  recipients and may is authorized to adopt rules to administer
 2634  implement such services. The agency may adjust the capitation
 2635  rate only to cover the costs of a third-party enrollment and
 2636  disenrollment contract, and for agency supervision and
 2637  management of the managed care plan enrollment and disenrollment
 2638  contract.
 2639         (44) The Agency for Health Care Administration shall ensure
 2640  that any Medicaid managed care plan as defined in s.
 2641  409.9122(2)(f), whether paid on a capitated basis or a shared
 2642  savings basis, is cost-effective. For purposes of this
 2643  subsection, the term “cost-effective” means that a network’s
 2644  per-member, per-month costs to the state, including, but not
 2645  limited to, fee-for-service costs, administrative costs, and
 2646  case-management fees, if any, must be no greater than the
 2647  state’s costs associated with contracts for Medicaid services
 2648  established under subsection (3), which may be adjusted for
 2649  health status. The agency shall conduct actuarially sound
 2650  adjustments for health status in order to ensure such cost
 2651  effectiveness and shall annually publish the results on its
 2652  Internet website and submit the results annually to the
 2653  Governor, the President of the Senate, and the Speaker of the
 2654  House of Representatives no later than December 31 of each year.
 2655  Contracts established pursuant to this subsection which are not
 2656  cost-effective may not be renewed.
 2657         (49) The agency shall contract with established minority
 2658  physician networks that provide services to historically
 2659  underserved minority patients. The networks must provide cost
 2660  effective Medicaid services, comply with the requirements to be
 2661  a MediPass provider, and provide their primary care physicians
 2662  with access to data and other management tools necessary to
 2663  assist them in ensuring the appropriate use of services,
 2664  including inpatient hospital services and pharmaceuticals.
 2665         (c) For purposes of this subsection, the term “cost
 2666  effective” means that a network’s per-member, per-month costs to
 2667  the state, including, but not limited to, fee-for-service costs,
 2668  administrative costs, and case-management fees, if any, must be
 2669  no greater than the state’s costs associated with contracts for
 2670  Medicaid services established under subsection (3), which shall
 2671  be actuarially adjusted for case mix, model, and service area.
 2672  The agency shall conduct actuarially sound audits adjusted for
 2673  case mix and model in order to ensure such cost-effectiveness
 2674  and shall annually publish the audit results on its Internet
 2675  website and submit the audit results annually to the Governor,
 2676  the President of the Senate, and the Speaker of the House of
 2677  Representatives no later than December 31. Contracts established
 2678  pursuant to this subsection which are not cost-effective may not
 2679  be renewed.
 2680         Section 108. Section 410.0245, Florida Statutes, is
 2681  repealed.
 2682         Section 109. Subsection (10) of section 410.604, Florida
 2683  Statutes, is repealed.
 2684         Section 110. Paragraph (d) of subsection (5) of section
 2685  411.0102, Florida Statutes, is amended to read:
 2686         411.0102 Child Care Executive Partnership Act; findings and
 2687  intent; grant; limitation; rules.—
 2688         (5)
 2689         (d) Each early learning coalition shall be required to
 2690  establish a community child care task force for each child care
 2691  purchasing pool. The task force must be composed of employers,
 2692  parents, private child care providers, and one representative
 2693  from the local children’s services council, if one exists in the
 2694  area of the purchasing pool. The early learning coalition is
 2695  expected to recruit the task force members from existing child
 2696  care councils, commissions, or task forces already operating in
 2697  the area of a purchasing pool. A majority of the task force
 2698  shall consist of employers. Each task force shall develop a plan
 2699  for the use of child care purchasing pool funds. The plan must
 2700  show how many children will be served by the purchasing pool,
 2701  how many will be new to receiving child care services, and how
 2702  the early learning coalition intends to attract new employers
 2703  and their employees to the program.
 2704         Section 111. Section 411.221, Florida Statutes, is
 2705  repealed.
 2706         Section 112. Section 411.242, Florida Statutes, is
 2707  repealed.
 2708         Section 113. Section 414.14, Florida Statutes, is amended
 2709  to read:
 2710         414.14 Public assistance policy simplification.—To the
 2711  extent possible, the department shall align the requirements for
 2712  eligibility under this chapter with the food stamp program and
 2713  medical assistance eligibility policies and procedures to
 2714  simplify the budgeting process and reduce errors. If the
 2715  department determines that s. 414.075, relating to resources, or
 2716  s. 414.085, relating to income, is inconsistent with related
 2717  provisions of federal law governing which govern the food stamp
 2718  program or medical assistance, and that conformance to federal
 2719  law would simplify administration of the WAGES Program or reduce
 2720  errors without materially increasing the cost of the program to
 2721  the state, the secretary of the department may propose a change
 2722  in the resource or income requirements of the program by rule.
 2723  The secretary shall provide written notice to the President of
 2724  the Senate, the Speaker of the House of Representatives, and the
 2725  chairpersons of the relevant committees of both houses of the
 2726  Legislature summarizing the proposed modifications to be made by
 2727  rule and changes necessary to conform state law to federal law.
 2728  The proposed rule shall take effect 14 days after written notice
 2729  is given unless the President of the Senate or the Speaker of
 2730  the House of Representatives advises the secretary that the
 2731  proposed rule exceeds the delegated authority of the
 2732  Legislature.
 2733         Section 114. Subsection (1) of section 414.36, Florida
 2734  Statutes, is repealed.
 2735         Section 115. Subsection (3) of section 414.391, Florida
 2736  Statutes, is repealed.
 2737         Section 116. Subsection (6) of section 415.1045, Florida
 2738  Statutes, is amended to read:
 2739         415.1045 Photographs, videotapes, and medical examinations;
 2740  abrogation of privileged communications; confidential records
 2741  and documents.—
 2742         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 2743  shall enter into working agreements with the jurisdictionally
 2744  responsible county sheriff’s sheriffs’ office or local police
 2745  department that will be the lead agency for when conducting any
 2746  criminal investigation arising from an allegation of abuse,
 2747  neglect, or exploitation of a vulnerable adult. The working
 2748  agreement must specify how the requirements of this chapter will
 2749  be met. The Office of Program Policy Analysis and Government
 2750  Accountability shall conduct a review of the efficacy of the
 2751  agreements and report its findings to the Legislature by March
 2752  1, 2005. For the purposes of such agreement, the
 2753  jurisdictionally responsible law enforcement entity may is
 2754  authorized to share Florida criminal history and local criminal
 2755  history information that is not otherwise exempt from s.
 2756  119.07(1) with the district personnel. A law enforcement entity
 2757  entering into such agreement must comply with s. 943.0525.
 2758  Criminal justice information provided by the such law
 2759  enforcement entity may shall be used only for the purposes
 2760  specified in the agreement and shall be provided at no charge.
 2761  Notwithstanding any other provision of law, the Department of
 2762  Law Enforcement shall provide to the department electronic
 2763  access to Florida criminal justice information that which is
 2764  lawfully available and not exempt from s. 119.07(1), only for
 2765  the purpose of protective investigations and emergency
 2766  placement. As a condition of access to the such information, the
 2767  department shall be required to execute an appropriate user
 2768  agreement addressing the access, use, dissemination, and
 2769  destruction of such information and to comply with all
 2770  applicable laws and rules of the Department of Law Enforcement.
 2771         Section 117. Subsection (9) of section 420.622, Florida
 2772  Statutes, is amended to read:
 2773         420.622 State Office on Homelessness; Council on
 2774  Homelessness.—
 2775         (9) The council shall, by June 30 of each year, beginning
 2776  in 2010, provide issue to the Governor, the Legislature
 2777  President of the Senate, the Speaker of the House of
 2778  Representatives, and the Secretary of Children and Family
 2779  Services an evaluation of the executive director’s performance
 2780  in fulfilling the statutory duties of the office, a report
 2781  summarizing the extent of homelessness in the state and the
 2782  council’s recommendations to the office and the corresponding
 2783  actions taken by the office, and any recommendations to the
 2784  Legislature for reducing proposals to reduce homelessness in
 2785  this state.
 2786         Section 118. Subsection (4) of section 420.623, Florida
 2787  Statutes, is repealed.
 2788         Section 119. Subsection (9) of section 427.704, Florida
 2789  Statutes, is amended to read:
 2790         427.704 Powers and duties of the commission.—
 2791         (9) The commission shall prepare provide to the President
 2792  of the Senate and to the Speaker of the House of Representatives
 2793  an annual report on the operation of the telecommunications
 2794  access system which shall be available on the commission’s
 2795  Internet website. The first report shall be provided no later
 2796  than January 1, 1992, and successive reports shall be provided
 2797  by January 1 of each year thereafter. Reports must shall be
 2798  prepared in consultation with the administrator and the advisory
 2799  committee appointed pursuant to s. 427.706. The reports must
 2800  shall, at a minimum, briefly outline the status of developments
 2801  in of the telecommunications access system, the number of
 2802  persons served, the call volume, revenues and expenditures, the
 2803  allocation of the revenues and expenditures between provision of
 2804  specialized telecommunications devices to individuals and
 2805  operation of statewide relay service, other major policy or
 2806  operational issues, and proposals for improvements or changes to
 2807  the telecommunications access system.
 2808         Section 120. Subsection (2) of section 427.706, Florida
 2809  Statutes, is amended to read:
 2810         427.706 Advisory committee.—
 2811         (2) The advisory committee shall provide the expertise,
 2812  experience, and perspective of persons who are hearing impaired
 2813  or speech impaired to the commission and to the administrator
 2814  during all phases of the development and operation of the
 2815  telecommunications access system. The advisory committee shall
 2816  advise the commission and the administrator on any matter
 2817  relating to the quality and cost-effectiveness of the
 2818  telecommunications relay service and the specialized
 2819  telecommunications devices distribution system. The advisory
 2820  committee may submit material for inclusion in the annual report
 2821  prepared pursuant to s. 427.704 to the President of the Senate
 2822  and the Speaker of the House of Representatives.
 2823         Section 121. Paragraph (b) of subsection (3) of section
 2824  429.07, Florida Statutes, is amended to read:
 2825         429.07 License required; fee.—
 2826         (3) In addition to the requirements of s. 408.806, each
 2827  license granted by the agency must state the type of care for
 2828  which the license is granted. Licenses shall be issued for one
 2829  or more of the following categories of care: standard, extended
 2830  congregate care, limited nursing services, or limited mental
 2831  health.
 2832         (b) An extended congregate care license shall be issued to
 2833  facilities providing, directly or through contract, services
 2834  beyond those authorized in paragraph (a), including services
 2835  performed by persons licensed under acts performed pursuant to
 2836  part I of chapter 464 by persons licensed thereunder, and
 2837  supportive services, as defined by rule, to persons who would
 2838  otherwise would be disqualified from continued residence in a
 2839  facility licensed under this part.
 2840         1. In order for extended congregate care services to be
 2841  provided in a facility licensed under this part, the agency must
 2842  first determine that all requirements established in law and
 2843  rule are met and must specifically designate, on the facility’s
 2844  license, that such services may be provided and whether the
 2845  designation applies to all or part of the a facility. Such
 2846  designation may be made at the time of initial licensure or
 2847  relicensure, or upon request in writing by a licensee under this
 2848  part and part II of chapter 408. The notification of approval or
 2849  the denial of the such request shall be made in accordance with
 2850  part II of chapter 408. Existing facilities qualifying to
 2851  provide extended congregate care services must have maintained a
 2852  standard license and may not have been subject to administrative
 2853  sanctions during the previous 2 years, or since initial
 2854  licensure if the facility has been licensed for less than 2
 2855  years, for any of the following reasons:
 2856         a. A class I or class II violation;
 2857         b. Three or more repeat or recurring class III violations
 2858  of identical or similar resident care standards as specified in
 2859  rule from which a pattern of noncompliance is found by the
 2860  agency;
 2861         c. Three or more class III violations that were not
 2862  corrected in accordance with the corrective action plan approved
 2863  by the agency;
 2864         d. Violation of resident care standards which results in
 2865  requiring the facility resulting in a requirement to employ the
 2866  services of a consultant pharmacist or consultant dietitian;
 2867         e. Denial, suspension, or revocation of a license for
 2868  another facility licensed under this part in which the applicant
 2869  for an extended congregate care license has at least 25 percent
 2870  ownership interest; or
 2871         f. Imposition of a moratorium pursuant to this part or part
 2872  II of chapter 408 or initiation of injunctive proceedings.
 2873         2. A facility that is Facilities that are licensed to
 2874  provide extended congregate care services shall maintain a
 2875  written progress report on each person who receives such
 2876  services, which report describes the type, amount, duration,
 2877  scope, and outcome of services that are rendered and the general
 2878  status of the resident’s health. A registered nurse, or
 2879  appropriate designee, representing the agency shall visit the
 2880  facility such facilities at least quarterly to monitor residents
 2881  who are receiving extended congregate care services and to
 2882  determine if the facility is in compliance with this part, part
 2883  II of chapter 408, and relevant rules that relate to extended
 2884  congregate care. One of the these visits may be in conjunction
 2885  with the regular survey. The monitoring visits may be provided
 2886  through contractual arrangements with appropriate community
 2887  agencies. A registered nurse shall serve as part of the team
 2888  that inspects the such facility. The agency may waive one of the
 2889  required yearly monitoring visits for a facility that has been
 2890  licensed for at least 24 months to provide extended congregate
 2891  care services, if, during the inspection, the registered nurse
 2892  determines that extended congregate care services are being
 2893  provided appropriately, and if the facility has no class I or
 2894  class II violations and no uncorrected class III violations.
 2895  Before such decision is made, The agency must first shall
 2896  consult with the long-term care ombudsman council for the area
 2897  in which the facility is located to determine if any complaints
 2898  have been made and substantiated about the quality of services
 2899  or care. The agency may not waive one of the required yearly
 2900  monitoring visits if complaints have been made and
 2901  substantiated.
 2902         3. A facility Facilities that is are licensed to provide
 2903  extended congregate care services must shall:
 2904         a. Demonstrate the capability to meet unanticipated
 2905  resident service needs.
 2906         b. Offer a physical environment that promotes a homelike
 2907  setting, provides for resident privacy, promotes resident
 2908  independence, and allows sufficient congregate space as defined
 2909  by rule.
 2910         c. Have sufficient staff available, taking into account the
 2911  physical plant and firesafety features of the building, to
 2912  assist with the evacuation of residents in an emergency, as
 2913  necessary.
 2914         d. Adopt and follow policies and procedures that maximize
 2915  resident independence, dignity, choice, and decisionmaking to
 2916  permit residents to age in place to the extent possible, so that
 2917  moves due to changes in functional status are minimized or
 2918  avoided.
 2919         e. Allow residents or, if applicable, a resident’s
 2920  representative, designee, surrogate, guardian, or attorney in
 2921  fact to make a variety of personal choices, participate in
 2922  developing service plans, and share responsibility in
 2923  decisionmaking.
 2924         f. Implement the concept of managed risk.
 2925         g. Provide, either directly or through contract, the
 2926  services of a person licensed under pursuant to part I of
 2927  chapter 464.
 2928         h. In addition to the training mandated in s. 429.52,
 2929  provide specialized training as defined by rule for facility
 2930  staff.
 2931         4. A facility that is Facilities licensed to provide
 2932  extended congregate care services is are exempt from the
 2933  criteria for continued residency as set forth in rules adopted
 2934  under s. 429.41. A licensed facility must Facilities so licensed
 2935  shall adopt its their own requirements within guidelines for
 2936  continued residency set forth by rule. However, the facility
 2937  such facilities may not serve residents who require 24-hour
 2938  nursing supervision. A licensed facility that provides
 2939  Facilities licensed to provide extended congregate care services
 2940  must also shall provide each resident with a written copy of
 2941  facility policies governing admission and retention.
 2942         5. The primary purpose of extended congregate care services
 2943  is to allow residents, as they become more impaired, the option
 2944  of remaining in a familiar setting from which they would
 2945  otherwise be disqualified for continued residency. A facility
 2946  licensed to provide extended congregate care services may also
 2947  admit an individual who exceeds the admission criteria for a
 2948  facility with a standard license, if the individual is
 2949  determined appropriate for admission to the extended congregate
 2950  care facility.
 2951         6. Before the admission of an individual to a facility
 2952  licensed to provide extended congregate care services, the
 2953  individual must undergo a medical examination as provided in s.
 2954  429.26(4) and the facility must develop a preliminary service
 2955  plan for the individual.
 2956         7. When a facility can no longer provide or arrange for
 2957  services in accordance with the resident’s service plan and
 2958  needs and the facility’s policy, the facility shall make
 2959  arrangements for relocating the person in accordance with s.
 2960  429.28(1)(k).
 2961         8. Failure to provide extended congregate care services may
 2962  result in denial of extended congregate care license renewal.
 2963         9. No later than January 1 of each year, the department, in
 2964  consultation with the agency, shall prepare and submit to the
 2965  Governor, the President of the Senate, the Speaker of the House
 2966  of Representatives, and the chairs of appropriate legislative
 2967  committees, a report on the status of, and recommendations
 2968  related to, extended congregate care services. The status report
 2969  must include, but need not be limited to, the following
 2970  information:
 2971         a. A description of the facilities licensed to provide such
 2972  services, including total number of beds licensed under this
 2973  part.
 2974         b. The number and characteristics of residents receiving
 2975  such services.
 2976         c. The types of services rendered that could not be
 2977  provided through a standard license.
 2978         d. An analysis of deficiencies cited during licensure
 2979  inspections.
 2980         e. The number of residents who required extended congregate
 2981  care services at admission and the source of admission.
 2982         f. Recommendations for statutory or regulatory changes.
 2983         g. The availability of extended congregate care to state
 2984  clients residing in facilities licensed under this part and in
 2985  need of additional services, and recommendations for
 2986  appropriations to subsidize extended congregate care services
 2987  for such persons.
 2988         h. Such other information as the department considers
 2989  appropriate.
 2990         Section 122. Subsection (2) of section 429.08, Florida
 2991  Statutes, is repealed.
 2992         Section 123. Subsection (5) of section 429.41, Florida
 2993  Statutes, is amended to read:
 2994         429.41 Rules establishing standards.—
 2995         (5) The agency may use an abbreviated biennial standard
 2996  licensure inspection that consists of a review of key quality
 2997  of-care standards in lieu of a full inspection in a facility
 2998  that has facilities which have a good record of past
 2999  performance. However, a full inspection must shall be conducted
 3000  in a facility that has facilities which have had a history of
 3001  class I or class II violations, uncorrected class III
 3002  violations, confirmed ombudsman council complaints, or confirmed
 3003  licensure complaints, within the previous licensure period
 3004  immediately preceding the inspection or if when a potentially
 3005  serious problem is identified during the abbreviated inspection.
 3006  The agency, in consultation with the department, shall develop
 3007  the key quality-of-care standards with input from the State
 3008  Long-Term Care Ombudsman Council and representatives of provider
 3009  groups for incorporation into its rules. The department, in
 3010  consultation with the agency, shall report annually to the
 3011  Legislature concerning its implementation of this subsection.
 3012  The report shall include, at a minimum, the key quality-of-care
 3013  standards which have been developed; the number of facilities
 3014  identified as being eligible for the abbreviated inspection; the
 3015  number of facilities which have received the abbreviated
 3016  inspection and, of those, the number that were converted to full
 3017  inspection; the number and type of subsequent complaints
 3018  received by the agency or department on facilities which have
 3019  had abbreviated inspections; any recommendations for
 3020  modification to this subsection; any plans by the agency to
 3021  modify its implementation of this subsection; and any other
 3022  information which the department believes should be reported.
 3023         Section 124. Subsections (3) through (17) of section
 3024  430.04, Florida Statutes, are amended to read:
 3025         430.04 Duties and responsibilities of the Department of
 3026  Elderly Affairs.—The Department of Elderly Affairs shall:
 3027         (3) Prepare and submit to the Governor, each Cabinet
 3028  member, the President of the Senate, the Speaker of the House of
 3029  Representatives, the minority leaders of the House and Senate,
 3030  and chairpersons of appropriate House and Senate committees a
 3031  master plan for policies and programs in the state related to
 3032  aging. The plan must identify and assess the needs of the
 3033  elderly population in the areas of housing, employment,
 3034  education and training, medical care, long-term care, preventive
 3035  care, protective services, social services, mental health,
 3036  transportation, and long-term care insurance, and other areas
 3037  considered appropriate by the department. The plan must assess
 3038  the needs of particular subgroups of the population and evaluate
 3039  the capacity of existing programs, both public and private and
 3040  in state and local agencies, to respond effectively to
 3041  identified needs. If the plan recommends the transfer of any
 3042  program or service from the Department of Children and Family
 3043  Services to another state department, the plan must also include
 3044  recommendations that provide for an independent third-party
 3045  mechanism, as currently exists in the Florida advocacy councils
 3046  established in ss. 402.165 and 402.166, for protecting the
 3047  constitutional and human rights of recipients of departmental
 3048  services. The plan must include policy goals and program
 3049  strategies designed to respond efficiently to current and
 3050  projected needs. The plan must also include policy goals and
 3051  program strategies to promote intergenerational relationships
 3052  and activities. Public hearings and other appropriate processes
 3053  shall be utilized by the department to solicit input for the
 3054  development and updating of the master plan from parties
 3055  including, but not limited to, the following:
 3056         (a) Elderly citizens and their families and caregivers.
 3057         (b) Local-level public and private service providers,
 3058  advocacy organizations, and other organizations relating to the
 3059  elderly.
 3060         (c) Local governments.
 3061         (d) All state agencies that provide services to the
 3062  elderly.
 3063         (e) University centers on aging.
 3064         (f) Area agency on aging and community care for the elderly
 3065  lead agencies.
 3066         (3)(4) Serve as an information clearinghouse at the state
 3067  level, and assist local-level information and referral resources
 3068  as a repository and means for the dissemination of information
 3069  regarding all federal, state, and local resources for assistance
 3070  to the elderly in the areas of, but not limited to, health,
 3071  social welfare, long-term care, protective services, consumer
 3072  protection, education and training, housing, employment,
 3073  recreation, transportation, insurance, and retirement.
 3074         (4)(5) Recommend guidelines for the development of roles
 3075  for state agencies that provide services for the aging, review
 3076  plans of agencies that provide such services, and relay the
 3077  these plans to the Governor and the Legislature, each Cabinet
 3078  member, the President of the Senate, the Speaker of the House of
 3079  Representatives, the minority leaders of the House and Senate,
 3080  and chairpersons of appropriate House and Senate committees.
 3081         (5)(6) Recommend to the Governor and the Legislature, each
 3082  Cabinet member, the President of the Senate, the Speaker of the
 3083  House of Representatives, the minority leaders of the House and
 3084  Senate, and chairpersons of appropriate House and Senate
 3085  committees an organizational framework for the planning,
 3086  coordination, implementation, and evaluation of programs related
 3087  to aging, with the purpose of expanding and improving programs
 3088  and opportunities available to the state’s elderly population
 3089  and enhancing a continuum of long-term care. This framework must
 3090  ensure assure that:
 3091         (a) Performance objectives are established.
 3092         (b) Program reviews are conducted statewide.
 3093         (c) Each major program related to aging is reviewed every 3
 3094  years.
 3095         (d) Agency budget requests reflect the results and
 3096  recommendations of such program reviews.
 3097         (d)(e) Program decisions reinforce lead to the distinctive
 3098  roles established for state agencies that provide aging
 3099  services.
 3100         (6)(7) Advise the Governor and the Legislature, each
 3101  Cabinet member, the President of the Senate, the Speaker of the
 3102  House of Representatives, the minority leaders of the House and
 3103  Senate, and the chairpersons of appropriate House and Senate
 3104  committees regarding the need for and location of programs
 3105  related to aging.
 3106         (7)(8) Review and coordinate aging research plans of all
 3107  state agencies to ensure that the conformance of research
 3108  objectives address to issues and needs of the state’s elderly
 3109  population addressed in the master plan for policies and
 3110  programs related to aging. The research activities that must be
 3111  reviewed and coordinated by the department include, but are not
 3112  limited to, contracts with academic institutions, development of
 3113  educational and training curriculums, Alzheimer’s disease and
 3114  other medical research, studies of long-term care and other
 3115  personal assistance needs, and design of adaptive or modified
 3116  living environments.
 3117         (8)(9) Review budget requests for programs related to aging
 3118  to ensure the most cost-effective use of state funding for the
 3119  state’s elderly population for compliance with the master plan
 3120  for policies and programs related to aging before submission to
 3121  the Governor and the Legislature.
 3122         (10) Update the master plan for policies and programs
 3123  related to aging every 3 years.
 3124         (11) Review implementation of the master plan for programs
 3125  and policies related to aging and annually report to the
 3126  Governor, each Cabinet member, the President of the Senate, the
 3127  Speaker of the House of Representatives, the minority leaders of
 3128  the House and Senate, and the chairpersons of appropriate House
 3129  and Senate committees the progress towards implementation of the
 3130  plan.
 3131         (9)(12) Request other departments that administer programs
 3132  affecting the state’s elderly population to amend their plans,
 3133  rules, policies, and research objectives as necessary to ensure
 3134  that programs and other initiatives are coordinated and maximize
 3135  the state’s efforts to address the needs of the elderly conform
 3136  with the master plan for policies and programs related to aging.
 3137         (10)(13) Hold public meetings regularly throughout the
 3138  state to receive for purposes of receiving information and
 3139  maximize maximizing the visibility of important issues relating
 3140  to aging and the elderly.
 3141         (11)(14) Conduct policy analysis and program evaluation
 3142  studies assigned by the Legislature.
 3143         (12)(15) Assist the Governor, each Cabinet member, and
 3144  members of the Legislature the President of the Senate, the
 3145  Speaker of the House of Representatives, the minority leaders of
 3146  the House and Senate, and the chairpersons of appropriate House
 3147  and Senate committees in conducting the conduct of their
 3148  responsibilities in such capacities as they consider
 3149  appropriate.
 3150         (13)(16) Call upon appropriate agencies of state government
 3151  for such assistance as is needed in the discharge of its duties.
 3152  All agencies shall cooperate in assisting the department in
 3153  carrying out its responsibilities as prescribed by this section.
 3154  However, the no provision of law regarding with respect to
 3155  confidentiality of information may not be violated.
 3156         (14)(17) Be designated as a state agency that is eligible
 3157  to receive federal funds for adults who are eligible for
 3158  assistance through the portion of the federal Child and Adult
 3159  Care Food Program for adults, which is referred to as the Adult
 3160  Care Food Program, and that is responsible for establishing and
 3161  administering the program. The purpose of the Adult Care Food
 3162  Program is to provide nutritious and wholesome meals and snacks
 3163  for adults in nonresidential day care centers or residential
 3164  treatment facilities. To ensure the quality and integrity of the
 3165  program, the department shall develop standards and procedures
 3166  that govern sponsoring organizations and adult day care centers.
 3167  The department shall follow federal requirements and may adopt
 3168  any rules necessary to administer pursuant to ss. 120.536(1) and
 3169  120.54 for the implementation of the Adult Care Food program
 3170  and. With respect to the Adult Care Food Program, the department
 3171  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 3172  implement relevant federal regulations, including 7 C.F.R. part
 3173  226. The rules may address, at a minimum, the program
 3174  requirements and procedures identified in this subsection.
 3175         Section 125. Subsections (3) and (8) of section 430.502,
 3176  Florida Statutes, are amended to read:
 3177         430.502 Alzheimer’s disease; memory disorder clinics and
 3178  day care and respite care programs.—
 3179         (3) The Alzheimer’s Disease Advisory Committee shall must
 3180  evaluate and make recommendations to the department and the
 3181  Legislature concerning the need for additional memory disorder
 3182  clinics in the state. The first report will be due by December
 3183  31, 1995.
 3184         (8) The department shall will implement the waiver program
 3185  specified in subsection (7). The agency and the department shall
 3186  ensure that providers who are selected that have a history of
 3187  successfully serving persons with Alzheimer’s disease are
 3188  selected. The department and the agency shall develop
 3189  specialized standards for providers and services tailored to
 3190  persons in the early, middle, and late stages of Alzheimer’s
 3191  disease and designate a level of care determination process and
 3192  standard that is most appropriate to this population. The
 3193  department and the agency shall include in the waiver services
 3194  designed to assist the caregiver in continuing to provide in
 3195  home care. The department shall implement this waiver program
 3196  subject to a specific appropriation or as provided in the
 3197  General Appropriations Act. The department and the agency shall
 3198  submit their program design to the President of the Senate and
 3199  the Speaker of the House of Representatives for consultation
 3200  during the development process.
 3201         Section 126. Subsection (1) and paragraph (a) of subsection
 3202  (6) of section 445.006, Florida Statutes, are amended to read:
 3203         445.006 Strategic and operational plans for workforce
 3204  development.—
 3205         (1) Workforce Florida, Inc., in conjunction with state and
 3206  local partners in the workforce system, shall develop a
 3207  strategic plan that produces for workforce, with the goal of
 3208  producing skilled employees for employers in the state. The
 3209  strategic plan shall be submitted to the Governor, the President
 3210  of the Senate, and the Speaker of the House of Representatives
 3211  by February 1, 2001. The strategic plan shall be updated or
 3212  modified by January 1 of each year thereafter. The plan must
 3213  include, but need not be limited to, strategies for:
 3214         (a) Fulfilling the workforce system goals and strategies
 3215  prescribed in s. 445.004;
 3216         (b) Aggregating, integrating, and leveraging workforce
 3217  system resources;
 3218         (c) Coordinating the activities of federal, state, and
 3219  local workforce system partners;
 3220         (d) Addressing the workforce needs of small businesses; and
 3221         (e) Fostering the participation of rural communities and
 3222  distressed urban cores in the workforce system.
 3223         (6)(a) The operational plan must include strategies that
 3224  are designed to prevent or reduce the need for a person to
 3225  receive public assistance. The These strategies must include:
 3226         1. A teen pregnancy prevention component that includes, but
 3227  is not limited to, a plan for implementing the Florida Education
 3228  Now and Babies Later (ENABL) program under s. 411.242 and the
 3229  Teen Pregnancy Prevention Community Initiative within each
 3230  county of the services area in which the teen birth rate is
 3231  higher than the state average;
 3232         2. A component that encourages creation of community-based
 3233  welfare prevention and reduction initiatives that increase
 3234  support provided by noncustodial parents to their welfare
 3235  dependent children and are consistent with program and financial
 3236  guidelines developed by Workforce Florida, Inc., and the
 3237  Commission on Responsible Fatherhood. These initiatives may
 3238  include, but are not limited to, improved paternity
 3239  establishment, work activities for noncustodial parents,
 3240  programs aimed at decreasing out-of-wedlock pregnancies,
 3241  encouraging involvement of fathers with their children which
 3242  includes including court-ordered supervised visitation, and
 3243  increasing child support payments;
 3244         3. A component that encourages formation and maintenance of
 3245  two-parent families through, among other things, court-ordered
 3246  supervised visitation;
 3247         4. A component that fosters responsible fatherhood in
 3248  families receiving assistance; and
 3249         5. A component that fosters the provision of services that
 3250  reduce the incidence and effects of domestic violence on women
 3251  and children in families receiving assistance.
 3252         Section 127. Section 455.204, Florida Statutes, is
 3253  repealed.
 3254         Section 128. Subsection (8) of section 455.2226, Florida
 3255  Statutes, is repealed.
 3256         Section 129. Subsection (6) of section 455.2228, Florida
 3257  Statutes, is repealed.
 3258         Section 130. Section 456.005, Florida Statutes, is amended
 3259  to read:
 3260         456.005 Long-range policy planning; plans, reports, and
 3261  recommendations.—To facilitate efficient and cost-effective
 3262  regulation, the department and the board, if where appropriate,
 3263  shall develop and implement a long-range policy planning and
 3264  monitoring process that includes to include recommendations
 3265  specific to each profession. The Such process shall include
 3266  estimates of revenues, expenditures, cash balances, and
 3267  performance statistics for each profession. The period covered
 3268  may shall not be less than 5 years. The department, with input
 3269  from the boards and licensees, shall develop and adopt the long
 3270  range plan and must obtain the approval of the State Surgeon
 3271  General. The department shall monitor compliance with the
 3272  approved long-range plan and, with input from the boards and
 3273  licensees, shall annually update the plans for approval by the
 3274  State Surgeon General. The department shall provide concise
 3275  management reports to the boards quarterly. As part of the
 3276  review process, the department shall evaluate:
 3277         (1) Whether the department, including the boards and the
 3278  various functions performed by the department, is operating
 3279  efficiently and effectively and if there is a need for a board
 3280  or council to assist in cost-effective regulation.
 3281         (2) How and why the various professions are regulated.
 3282         (3) Whether there is a need to continue regulation, and to
 3283  what degree.
 3284         (4) Whether or not consumer protection is adequate, and how
 3285  it can be improved.
 3286         (5) Whether there is consistency between the various
 3287  practice acts.
 3288         (6) Whether unlicensed activity is adequately enforced.
 3290  The Such plans shall should include conclusions and
 3291  recommendations on these and other issues as appropriate. Such
 3292  plans shall be provided to the Governor and the Legislature by
 3293  November 1 of each year.
 3294         Section 131. Subsection (9) of section 456.025, Florida
 3295  Statutes, is amended to read:
 3296         456.025 Fees; receipts; disposition.—
 3297         (9) The department shall provide a condensed management
 3298  report of revenues and expenditures budgets, finances,
 3299  performance measures statistics, and recommendations to each
 3300  board at least once a quarter. The department shall identify and
 3301  include in such presentations any changes, or projected changes,
 3302  made to the board’s budget since the last presentation.
 3303         Section 132. Subsection (6) of section 456.034, Florida
 3304  Statutes, is repealed.
 3305         Section 133. Subsections (3) and (4) of section 517.302,
 3306  Florida Statutes, are amended to read:
 3307         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3308  Trust Fund; time limitation for criminal prosecution.—
 3309         (3) In lieu of a fine otherwise authorized by law, a person
 3310  who has been convicted of or who has pleaded guilty or no
 3311  contest to having engaged in conduct in violation of the
 3312  provisions of this chapter may be sentenced to pay a fine that
 3313  does not exceed the greater of three times the gross value
 3314  gained or three times the gross loss caused by such conduct,
 3315  plus court costs and the costs of investigation and prosecution
 3316  reasonably incurred.
 3317         (4)(a) There is created within the office a trust fund to
 3318  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3319  costs of investigation and prosecution under this subsection
 3320  shall be deposited in the trust fund. Funds deposited in the
 3321  such trust fund must shall be used, when authorized by
 3322  appropriation, for investigation and prosecution of
 3323  administrative, civil, and criminal actions arising under the
 3324  provisions of this chapter. Funds may also be used to improve
 3325  the public’s awareness and understanding of prudent investing.
 3326         (b) The office shall report to the Executive Office of the
 3327  Governor annually by November 15, the amounts deposited into the
 3328  Anti-Fraud Trust Fund during the previous fiscal year. The
 3329  Executive Office of the Governor shall distribute these reports
 3330  to the President of the Senate and the Speaker of the House of
 3331  Representatives.
 3332         (5)(4) Criminal prosecution for offenses under this chapter
 3333  is subject to the time limitations in of s. 775.15.
 3334         Section 134. Subsection (3) of section 531.415, Florida
 3335  Statutes, is repealed.
 3336         Section 135. Subsection (3) of section 570.0705, Florida
 3337  Statutes, is repealed.
 3338         Section 136. Subsection (5) of section 570.0725, Florida
 3339  Statutes, is repealed.
 3340         Section 137. Subsection (3) of section 570.543, Florida
 3341  Statutes, is repealed.
 3342         Section 138. Section 603.204, Florida Statutes, is amended
 3343  to read:
 3344         603.204 South Florida Tropical Fruit Plan.—
 3345         (1) The Commissioner of Agriculture, in consultation with
 3346  the Tropical Fruit Advisory Council, shall develop and update,
 3347  at least 90 days prior to the 1991 legislative session, submit
 3348  to the President of the Senate, the Speaker of the House of
 3349  Representatives, and the chairs of appropriate Senate and House
 3350  of Representatives committees, a South Florida Tropical Fruit
 3351  Plan, which shall identify problems and constraints of the
 3352  tropical fruit industry, propose possible solutions to such
 3353  problems, and develop planning mechanisms for orderly growth of
 3354  the industry, including:
 3355         (1)(a) Criteria for tropical fruit research, service, and
 3356  management priorities.
 3357         (2)(b) Additional Proposed legislation that which may be
 3358  required.
 3359         (3)(c) Plans relating to other tropical fruit programs and
 3360  related disciplines in the State University System.
 3361         (4)(d) Potential tropical fruit products in terms of market
 3362  and needs for development.
 3363         (5)(e) Evaluation of production and fresh fruit policy
 3364  alternatives, including, but not limited to, setting minimum
 3365  grades and standards, promotion and advertising, development of
 3366  production and marketing strategies, and setting minimum
 3367  standards on types and quality of nursery plants.
 3368         (6)(f) Evaluation of policy alternatives for processed
 3369  tropical fruit products, including, but not limited to, setting
 3370  minimum quality standards and development of production and
 3371  marketing strategies.
 3372         (7)(g) Research and service priorities for further
 3373  development of the tropical fruit industry.
 3374         (8)(h) Identification of state agencies and public and
 3375  private institutions concerned with research, education,
 3376  extension, services, planning, promotion, and marketing
 3377  functions related to tropical fruit development, and delineation
 3378  of contributions and responsibilities. The recommendations in
 3379  the South Florida Tropical Fruit plan relating to education or
 3380  research shall be submitted to the Institute of Food and
 3381  Agricultural Sciences. The recommendations relating to
 3382  regulation or marketing shall be submitted to the Department of
 3383  Agriculture and Consumer Services.
 3384         (9)(i) Business planning, investment potential, financial
 3385  risks, and economics of production and use utilization.
 3386         (2) A revision and update of the South Florida Tropical
 3387  Fruit Plan shall be submitted biennially, and a progress report
 3388  and budget request shall be submitted annually, to the officials
 3389  specified in subsection (1).
 3390         Section 139. Subsection (6) of section 627.64872, Florida
 3391  Statutes, is amended to read:
 3392         627.64872 Florida Health Insurance Plan.—
 3394         (a) By no later than December 1, 2004, the board shall
 3395  report to the Governor, the President of the Senate, and the
 3396  Speaker of the House of Representatives the results of an
 3397  actuarial study conducted by the board to determine, including,
 3398  but not limited to:
 3399         1. The impact the creation of the plan will have on the
 3400  small group insurance market and the individual market on
 3401  premiums paid by insureds. This shall include an estimate of the
 3402  total anticipated aggregate savings for all small employers in
 3403  the state.
 3404         2. The number of individuals the pool could reasonably
 3405  cover at various funding levels, specifically, the number of
 3406  people the pool may cover at each of those funding levels.
 3407         3. A recommendation as to the best source of funding for
 3408  the anticipated deficits of the pool.
 3409         4. The effect on the individual and small group market by
 3410  including in the Florida Health Insurance Plan persons eligible
 3411  for coverage under s. 627.6487, as well as the cost of including
 3412  these individuals.
 3414  The board shall take no action to implement the Florida Health
 3415  Insurance Plan, other than the completion of the actuarial study
 3416  authorized in this paragraph, until funds are appropriated for
 3417  startup cost and any projected deficits.
 3418         (b) No later than December 1, 2005, and annually
 3419  thereafter, The board shall annually submit to the Governor, the
 3420  President of the Senate, and the Speaker of the House of
 3421  Representatives, and the substantive legislative committees of
 3422  the Legislature a report that which includes an independent
 3423  actuarial study to determine, without limitation, the following
 3424  including, but not be limited to:
 3425         (a)1. The effect impact the creation of the plan has on the
 3426  small group and individual insurance market, specifically on the
 3427  premiums paid by insureds, including. This shall include an
 3428  estimate of the total anticipated aggregate savings for all
 3429  small employers in the state.
 3430         (b)2. The actual number of individuals covered at the
 3431  current funding and benefit level, the projected number of
 3432  individuals that may seek coverage in the forthcoming fiscal
 3433  year, and the projected funding needed to cover anticipated
 3434  increase or decrease in plan participation.
 3435         (c)3. A recommendation as to the best source of funding for
 3436  the anticipated deficits of the pool.
 3437         (d)4. A summary summarization of the activities of the plan
 3438  in the preceding calendar year, including the net written and
 3439  earned premiums, plan enrollment, the expense of administration,
 3440  and the paid and incurred losses.
 3441         (e)5. A review of the operation of the plan as to whether
 3442  the plan has met the intent of this section.
 3444  The board may not implement the Florida Health Insurance Plan
 3445  until funds are appropriated for startup costs and any projected
 3446  deficits; however, the board may complete the actuarial study
 3447  authorized in this subsection.
 3448         Section 140. Subsections (5) and (7) of section 744.708,
 3449  Florida Statutes, are amended to read:
 3450         744.708 Reports and standards.—
 3451         (5)(a) Each office of public guardian shall undergo an
 3452  independent audit by a qualified certified public accountant at
 3453  least once every 2 years. A copy of the audit report shall be
 3454  submitted to the Statewide Public Guardianship Office.
 3455         (b) In addition to regular monitoring activities, the
 3456  Statewide Public Guardianship Office shall conduct an
 3457  investigation into the practices of each office of public
 3458  guardian related to the managing of each ward’s personal affairs
 3459  and property. If When feasible, the investigation required under
 3460  this paragraph shall be conducted in conjunction with the
 3461  financial audit of each office of public guardian under
 3462  paragraph (a).
 3463         (c) In addition, each office of public guardian shall be
 3464  subject to audits or examinations by the Auditor General and the
 3465  Office of Program Policy Analysis and Government Accountability
 3466  pursuant to law.
 3467         (7) The ratio for professional staff to wards shall be 1
 3468  professional to 40 wards. The Statewide Public Guardianship
 3469  Office may increase or decrease the ratio after consultation
 3470  with the local public guardian and the chief judge of the
 3471  circuit court. The basis for of the decision to increase or
 3472  decrease the prescribed ratio must shall be included reported in
 3473  the annual report to the secretary of Elderly Affairs, the
 3474  Governor, the President of the Senate, the Speaker of the House
 3475  of Representatives, and the Chief Justice of the Supreme Court.
 3476         Section 141. Subsection (6) of section 768.295, Florida
 3477  Statutes, is amended to read:
 3478         768.295 Strategic Lawsuits Against Public Participation
 3479  (SLAPP) suits by governmental entities prohibited.—
 3480         (6) In any case filed by a governmental entity which is
 3481  found by a court to be in violation of this section, the
 3482  governmental entity shall report such finding and provide a copy
 3483  of the court’s order to the Attorney General no later than 30
 3484  days after the such order is final. The Attorney General shall
 3485  maintain a record of the court orders report any violation of
 3486  this section by a governmental entity to the Cabinet, the
 3487  President of the Senate, and the Speaker of the House of
 3488  Representatives. A copy of such report shall be provided to the
 3489  affected governmental entity.
 3490         Section 142. Paragraph (c) of subsection (3) of section
 3491  775.084, Florida Statutes, is amended to read:
 3492         775.084 Violent career criminals; habitual felony offenders
 3493  and habitual violent felony offenders; three-time violent felony
 3494  offenders; definitions; procedure; enhanced penalties or
 3495  mandatory minimum prison terms.—
 3496         (3)
 3497         (c) In a separate proceeding, the court shall determine
 3498  whether the defendant is a violent career criminal with respect
 3499  to a primary offense committed on or after October 1, 1995. The
 3500  procedure shall be as follows:
 3501         1. Written notice shall be served on the defendant and the
 3502  defendant’s attorney a sufficient time before prior to the entry
 3503  of a plea or before prior to the imposition of sentence in order
 3504  to allow for the preparation of a submission on behalf of the
 3505  defendant.
 3506         2. All evidence presented shall be presented in open court
 3507  with full rights of confrontation, cross-examination, and
 3508  representation by counsel.
 3509         3. Each of the findings required as the basis for such
 3510  sentence shall be found to exist by a preponderance of the
 3511  evidence and shall be appealable only as provided in paragraph
 3512  (d).
 3513         4. For the purpose of identification, the court shall
 3514  fingerprint the defendant pursuant to s. 921.241.
 3515         5. For an offense committed on or after October 1, 1995, if
 3516  the state attorney pursues a violent career criminal sanction
 3517  against the defendant and the court, in a separate proceeding
 3518  pursuant to this paragraph, determines that the defendant meets
 3519  the criteria under subsection (1) for imposing such sanction,
 3520  the court must sentence the defendant as a violent career
 3521  criminal, subject to imprisonment pursuant to this section
 3522  unless the court finds that such sentence is not necessary for
 3523  the protection of the public. If the court finds that it is not
 3524  necessary for the protection of the public to sentence the
 3525  defendant as a violent career criminal, the court shall provide
 3526  written reasons; a written transcript of orally stated reasons
 3527  is permissible, if filed by the court within 7 days after the
 3528  date of sentencing. Each month, the court shall submit to the
 3529  Office of Economic and Demographic Research of the Legislature
 3530  the written reasons or transcripts in each case in which the
 3531  court determines not to sentence a defendant as a violent career
 3532  criminal as provided in this subparagraph.
 3533         Section 143. Subsection (8) of section 790.22, Florida
 3534  Statutes, is amended to read:
 3535         790.22 Use of BB guns, air or gas-operated guns, or
 3536  electric weapons or devices by minor under 16; limitation;
 3537  possession of firearms by minor under 18 prohibited; penalties.—
 3538         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 3539  under 18 years of age is charged with an offense that involves
 3540  the use or possession of a firearm, as defined in s. 790.001,
 3541  including a violation of subsection (3), or is charged for any
 3542  offense during the commission of which the minor possessed a
 3543  firearm, the minor shall be detained in secure detention, unless
 3544  the state attorney authorizes the release of the minor, and
 3545  shall be given a hearing within 24 hours after being taken into
 3546  custody. At the hearing, the court may order that the minor
 3547  continue to be held in secure detention in accordance with the
 3548  applicable time periods specified in s. 985.26(1)-(5), if the
 3549  court finds that the minor meets the criteria specified in s.
 3550  985.255, or if the court finds by clear and convincing evidence
 3551  that the minor is a clear and present danger to himself or
 3552  herself or the community. The Department of Juvenile Justice
 3553  shall prepare a form for all minors charged under this
 3554  subsection which that states the period of detention and the
 3555  relevant demographic information, including, but not limited to,
 3556  the gender sex, age, and race of the minor; whether or not the
 3557  minor was represented by private counsel or a public defender;
 3558  the current offense; and the minor’s complete prior record,
 3559  including any pending cases. The form shall be provided to the
 3560  judge for to be considered when determining whether the minor
 3561  should be continued in secure detention under this subsection.
 3562  An order placing a minor in secure detention because the minor
 3563  is a clear and present danger to himself or herself or the
 3564  community must be in writing, must specify the need for
 3565  detention and the benefits derived by the minor or the community
 3566  by placing the minor in secure detention, and must include a
 3567  copy of the form provided by the department. The Department of
 3568  Juvenile Justice must send the form, including a copy of any
 3569  order, without client-identifying information, to the Office of
 3570  Economic and Demographic Research.
 3571         Section 144. Section 943.125, Florida Statutes, is amended
 3572  to read:
 3573         943.125 Law enforcement agency accreditation; intent.—
 3574         (1) LEGISLATIVE INTENT.—
 3575         (1)(a) It is the intent of the Legislature that law
 3576  enforcement agencies in the state be upgraded and strengthened
 3577  through the adoption of meaningful standards of operation for
 3578  those agencies.
 3579         (2)(b) It is the further intent of the Legislature that law
 3580  enforcement agencies voluntarily adopt standards designed to
 3581  promote equal and fair law enforcement, to maximize the
 3582  capability of law enforcement agencies to prevent and control
 3583  criminal activities, and to increase interagency cooperation
 3584  throughout the state.
 3585         (3)(c) It is further the intent of the Legislature to
 3586  encourage the Florida Sheriffs Association and the Florida
 3587  Police Chiefs Association to develop, either jointly or
 3588  separately, a law enforcement agency accreditation program. The
 3589  Such program must shall be independent of any law enforcement
 3590  agency, the Florida Sheriffs Association, or the Florida Police
 3591  Chiefs Association. The Any such law enforcement agency
 3592  accreditation program must should address, at a minimum, the
 3593  following aspects of law enforcement:
 3594         (a)1. Vehicle pursuits.
 3595         (b)2. Seizure and forfeiture of contraband articles.
 3596         (c)3. Recording and processing citizens’ complaints.
 3597         (d)4. Use of force.
 3598         (e)5. Traffic stops.
 3599         (f)6. Handling natural and manmade disasters.
 3600         (g)7. Special operations.
 3601         (h)8. Prisoner transfer.
 3602         (i)9. Collection and preservation of evidence.
 3603         (j)10. Recruitment and selection.
 3604         (k)11. Officer training.
 3605         (l)12. Performance evaluations.
 3606         (m)13. Law enforcement disciplinary procedures and rights.
 3607         (n)14. Use of criminal investigative funds.
 3608         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 3609  Association and the Florida Police Chiefs Association, either
 3610  jointly or separately, shall report to the Speaker of the House
 3611  of Representatives and the President of the Senate regarding the
 3612  feasibility of a law enforcement agency accreditation program
 3613  and the status of the efforts of the Florida Sheriffs
 3614  Association and the Florida Police Chiefs Association to develop
 3615  a law enforcement agency accreditation program as provided in
 3616  this section.
 3617         Section 145. Subsection (9) of section 943.68, Florida
 3618  Statutes, is amended to read:
 3619         943.68 Transportation and protective services.—
 3620         (9) The department shall submit a report each July 15 to
 3621  the President of the Senate, Speaker of the House of
 3622  Representatives, Governor, the Legislature, and members of the
 3623  Cabinet, detailing all transportation and protective services
 3624  provided under subsections (1), (5), and (6) within the
 3625  preceding fiscal year. Each report shall include a detailed
 3626  accounting of the cost of such transportation and protective
 3627  services, including the names of persons provided such services
 3628  and the nature of state business performed.
 3629         Section 146. Section 944.023, Florida Statutes, is amended
 3630  to read:
 3631         944.023 Institutional capacity Comprehensive correctional
 3632  master plan.—
 3633         (1) As used in this section and s. 944.0231, the term:
 3634         (a) “Criminal Justice Estimating Conference” means the
 3635  Criminal Justice Estimating Conference referred to in s.
 3636  216.136(5).
 3637         (b) “Total capacity” of the state correctional system means
 3638  the total design capacity of all institutions and facilities in
 3639  the state correctional system, which may include those
 3640  facilities authorized and funded under chapter 957, increased by
 3641  one-half, with the following exceptions:
 3642         1. Medical and mental health beds must remain at design
 3643  capacity.
 3644         2. Community-based contracted beds must remain at design
 3645  capacity.
 3646         3. The one-inmate-per-cell requirement at the Florida State
 3647  Prison and other maximum security facilities must be maintained
 3648  pursuant to paragraph (7)(a).
 3649         4. Community correctional centers and drug treatment
 3650  centers must be increased by one-third.
 3651         5. A housing unit may not exceed its maximum capacity
 3652  pursuant to paragraphs (7)(a) and (b).
 3653         6. A number of beds equal to 5 percent of total capacity
 3654  shall be deducted for management beds at institutions.
 3655         (c) “State correctional system” means the correctional
 3656  system as defined in s. 944.02.
 3657         (2) The department shall develop a comprehensive
 3658  correctional master plan. The master plan shall project the
 3659  needs for the state correctional system for the coming 5-year
 3660  period and shall be updated annually and submitted to the
 3661  Governor’s office and the Legislature at the same time the
 3662  department submits its legislative budget request as provided in
 3663  chapter 216.
 3664         (3) The purposes of the comprehensive correctional master
 3665  plan shall be:
 3666         (a) To ensure that the penalties of the criminal justice
 3667  system are completely and effectively administered to the
 3668  convicted criminals and, to the maximum extent possible, that
 3669  the criminal is provided opportunities for self-improvement and
 3670  returned to freedom as a productive member of society.
 3671         (b) To the extent possible, to protect the public safety
 3672  and the law-abiding citizens of this state and to carry out the
 3673  laws protecting the rights of the victims of convicted
 3674  criminals.
 3675         (c) To develop and maintain a humane system of punishment
 3676  providing prison inmates with proper housing, nourishment, and
 3677  medical attention.
 3678         (d) To provide fair and adequate compensation and benefits
 3679  to the employees of the state correctional system.
 3680         (e) To the extent possible, to maximize the effective and
 3681  efficient use of the principles used in private business.
 3682         (f) To provide that convicted criminals not be incarcerated
 3683  for any longer period of time or in any more secure facility
 3684  than is necessary to ensure adequate sanctions, rehabilitation
 3685  of offenders, and protection of public safety.
 3686         (4) The comprehensive correctional master plan shall use
 3687  the estimates of the Criminal Justice Estimating Conference and
 3688  shall include:
 3689         (a) A plan for the decentralization of reception and
 3690  classification facilities for the implementation of a systemwide
 3691  diagnosis-and-evaluation capability for adult offenders. The
 3692  plan shall provide for a system of psychological testing and
 3693  evaluation as well as medical screening through department
 3694  resources or with other public or private agencies through a
 3695  purchase-of-services agreement.
 3696         (b) A plan developed by the department for the
 3697  comprehensive vocational and educational training of, and
 3698  treatment programs for, offenders and their evaluation within
 3699  each institution, program, or facility of the department, based
 3700  upon the identified needs of the offender and the requirements
 3701  of the employment market.
 3702         (c) A plan contracting with local facilities and programs
 3703  as short-term confinement resources of the department for
 3704  offenders who are sentenced to 3 years or less, or who are
 3705  within 3 years or less of their anticipated release date, and
 3706  integration of detention services which have community-based
 3707  programs. The plan shall designate such facilities and programs
 3708  by region of the state and identify, by county, the capability
 3709  for local incarceration.
 3710         (d) A detailed analysis of methods to implement diversified
 3711  alternatives to institutionalization when such alternatives can
 3712  be safely employed. The analysis shall include an assessment of
 3713  current pretrial intervention, probation, and community control
 3714  alternatives and their cost-effectiveness with regard to
 3715  restitution to victims, reimbursements for cost of supervision,
 3716  and subsequent violations resulting in commitments to the
 3717  department. Such analysis shall also include an assessment of
 3718  current use of electronic surveillance of offenders and
 3719  projected potential for diverting additional categories of
 3720  offenders from incarceration within the department.
 3721         (e) A detailed analysis of current incarceration rates of
 3722  both the state and county correctional systems with the
 3723  calculation by the department of the current and projected
 3724  ratios of inmates in the correctional system, as defined in s.
 3725  945.01, to the general population of the state which will serve
 3726  as a basis for projecting construction needs.
 3727         (f) A plan for community-based facilities and programs for
 3728  the reintegration of offenders into society whereby inmates who
 3729  are being released shall receive assistance. Such assistance may
 3730  be through work-release, transition assistance, release
 3731  assistance stipend, contract release, postrelease special
 3732  services, temporary housing, or job placement programs.
 3733         (g) A plan reflecting parity of pay or comparable economic
 3734  benefits for correctional officers with that of law enforcement
 3735  officers in this state, and an assessment of projected impacts
 3736  on turnover rates within the department.
 3737         (h) A plan containing habitability criteria which defines
 3738  when beds are available and functional for use by inmates, and
 3739  containing factors which define when institutions and facilities
 3740  may be added to the inventory of the state correctional system.
 3741         (5) The comprehensive correctional master plan shall
 3742  project by year the total operating and capital outlay costs
 3743  necessary for constructing a sufficient number of prison beds to
 3744  avoid a deficiency in prison beds. Included in the master plan
 3745  which projects operating and capital outlay costs shall be a
 3746  siting plan which shall assess, rank, and designate appropriate
 3747  sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
 3748  include an assessment of the department’s current capability for
 3749  providing the degree of security necessary to ensure public
 3750  safety and should reflect the levels of security needed for the
 3751  forecasted admissions of various types of offenders based upon
 3752  sentence lengths and severity of offenses. The plan shall also
 3753  provide construction options for targeting violent and habitual
 3754  offenders for incarceration while providing specific
 3755  alternatives for the various categories of lesser offenders.
 3756         (6) Institutions within the state correctional system shall
 3757  have the following design capacity factors:
 3758         (a) Rooms and prison cells between 40 square feet and 90
 3759  square feet, inclusive: one inmate per room or prison cell.
 3760         (b) Dormitory-style rooms and other rooms exceeding 90
 3761  square feet: one inmate per 55 square feet.
 3762         (c) At institutions with rooms or cells, except to the
 3763  extent that separate confinement cells have been constructed, a
 3764  number of rooms or prison cells equal to 3 percent of total
 3765  design capacity must be deducted from design capacity and set
 3766  aside for confinement purposes.
 3767         (d) Bed count calculations used to determine design
 3768  capacity shall only include beds that which are functional and
 3769  available for use by inmates.
 3770         (7) Institutions within the state correctional system shall
 3771  have the following maximum capacity factors:
 3772         (a) Rooms and prison cells between 40 square feet and 60
 3773  square feet, inclusive: one inmate per room or cell. If the room
 3774  or prison cell is between 60 square feet and 90 square feet,
 3775  inclusive, two inmates are allowed in each room, except that one
 3776  inmate per room or prison cell is allowed at the Florida State
 3777  Prison or any other maximum security institution or facility
 3778  that which may be constructed.
 3779         (b) Dormitory-style rooms and other rooms exceeding 90
 3780  square feet: one inmate per 37.5 square feet. Double-bunking is
 3781  generally allowed only along the outer walls of a dormitory.
 3782         (c) At institutions with rooms or cells, except to the
 3783  extent that separate confinement cells have been constructed, a
 3784  number of rooms or prison cells equal to 3 percent of total
 3785  maximum capacity are not available for maximum capacity, and
 3786  must be set aside for confinement purposes, thereby reducing
 3787  maximum capacity by 6 percent since these rooms would otherwise
 3788  house two inmates.
 3789         (d) A number of beds equal to 5 percent of total maximum
 3790  capacity must be deducted for management at institutions.
 3791         Section 147. Paragraph (f) of subsection (3) of section
 3792  944.801, Florida Statutes, is amended to read:
 3793         944.801 Education for state prisoners.—
 3794         (3) The responsibilities of the Correctional Education
 3795  Program shall be to:
 3796         (f) Report annual activities to the Secretary of
 3797  Corrections, the Commissioner of Education, the Governor, and
 3798  the Legislature.
 3799         Section 148. Subsection (10) of section 945.35, Florida
 3800  Statutes, is repealed.
 3801         Section 149. Subsection (9) of section 958.045, Florida
 3802  Statutes, is repealed.
 3803         Section 150. Paragraph (c) of subsection (1) of section
 3804  960.045, Florida Statutes, is amended to read:
 3805         960.045 Department of Legal Affairs; powers and duties.—It
 3806  shall be the duty of the department to assist persons who are
 3807  victims of crime.
 3808         (1) The department shall:
 3809         (c) Prepare an annual Render, prior to January 1 of each
 3810  year, to the presiding officers of the Senate and House of
 3811  Representatives a written report of the activities of the Crime
 3812  Victims’ Services Office, which shall be available on the
 3813  department’s Internet website.
 3814         Section 151. Paragraph (c) of subsection (8) of section
 3815  985.02, Florida Statutes, is repealed.
 3816         Section 152. Subsections (3), (4), and (5) of section
 3817  985.047, Florida Statutes, are amended to read:
 3818         985.047 Information systems.—
 3819         (3) In order to assist in the integration of the
 3820  information to be shared, the sharing of information obtained,
 3821  the joint planning on diversion and early intervention
 3822  strategies for juveniles at risk of becoming serious habitual
 3823  juvenile offenders, and the intervention strategies for serious
 3824  habitual juvenile offenders, a multiagency task force should be
 3825  organized and utilized by the law enforcement agency or county
 3826  in conjunction with the initiation of the information system
 3827  described in subsections (1) and (2). The multiagency task force
 3828  shall be composed of representatives of those agencies and
 3829  persons providing information for the central identification
 3830  file and the multiagency information sheet.
 3831         (4) This multiagency task force shall develop a plan for
 3832  the information system that includes measures which identify and
 3833  address any disproportionate representation of ethnic or racial
 3834  minorities in the information systems and shall develop
 3835  strategies that address the protection of individual
 3836  constitutional rights.
 3837         (3)(5)A Any law enforcement agency, or county that which
 3838  implements a juvenile offender information system and the
 3839  multiagency task force which maintain the information system
 3840  must annually provide any information gathered during the
 3841  previous year to the delinquency and gang prevention council of
 3842  the judicial circuit in which the county is located. This
 3843  information must shall include the number, types, and patterns
 3844  of delinquency tracked by the juvenile offender information
 3845  system.
 3846         Section 153. Paragraph (a) of subsection (8) of section
 3847  985.47, Florida Statutes, is amended to read:
 3848         985.47 Serious or habitual juvenile offender.—
 3849         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3850  chapter and the establishment of appropriate program guidelines
 3851  and standards, contractual instruments, which shall include
 3852  safeguards of all constitutional rights, shall be developed as
 3853  follows:
 3854         (a) The department shall provide for:
 3855         1. The Oversight of the implementation of assessment and
 3856  treatment approaches.
 3857         2. The Identification and prequalification of appropriate
 3858  individuals or not-for-profit organizations, including minority
 3859  individuals or organizations when possible, to provide
 3860  assessment and treatment services to serious or habitual
 3861  delinquent children.
 3862         3. The Monitoring and evaluation of assessment and
 3863  treatment services for compliance with this chapter and all
 3864  applicable rules and guidelines pursuant thereto.
 3865         4. The development of an annual report on the performance
 3866  of assessment and treatment to be presented to the Governor, the
 3867  Attorney General, the President of the Senate, the Speaker of
 3868  the House of Representatives, and the Auditor General no later
 3869  than January 1 of each year.
 3870         Section 154. Paragraph (a) of subsection (8) of section
 3871  985.483, Florida Statutes, is amended to read:
 3872         985.483 Intensive residential treatment program for
 3873  offenders less than 13 years of age.—
 3874         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3875  chapter and the establishment of appropriate program guidelines
 3876  and standards, contractual instruments, which shall include
 3877  safeguards of all constitutional rights, shall be developed for
 3878  intensive residential treatment programs for offenders less than
 3879  13 years of age as follows:
 3880         (a) The department shall provide for:
 3881         1. The Oversight of the implementation of assessment and
 3882  treatment approaches.
 3883         2. The Identification and prequalification of appropriate
 3884  individuals or not-for-profit organizations, including minority
 3885  individuals or organizations when possible, to provide
 3886  assessment and treatment services to intensive offenders less
 3887  than 13 years of age.
 3888         3. The Monitoring and evaluation of assessment and
 3889  treatment services for compliance with this chapter and all
 3890  applicable rules and guidelines pursuant thereto.
 3891         4. The development of an annual report on the performance
 3892  of assessment and treatment to be presented to the Governor, the
 3893  Attorney General, the President of the Senate, the Speaker of
 3894  the House of Representatives, the Auditor General, and the
 3895  Office of Program Policy Analysis and Government Accountability
 3896  no later than January 1 of each year.
 3897         Section 155. Subsection (5) of section 985.61, Florida
 3898  Statutes, is repealed.
 3899         Section 156. Subsection (1) of section 985.622, Florida
 3900  Statutes, is amended to read:
 3901         985.622 Multiagency plan for vocational education.—
 3902         (1) The Department of Juvenile Justice and the Department
 3903  of Education shall, in consultation with the statewide Workforce
 3904  Development Youth Council, school districts, providers, and
 3905  others, jointly develop a multiagency plan for vocational
 3906  education that establishes the curriculum, goals, and outcome
 3907  measures for vocational programs in juvenile commitment
 3908  facilities. The plan must include:
 3909         (a) Provisions for maximizing appropriate state and federal
 3910  funding sources, including funds under the Workforce Investment
 3911  Act and the Perkins Act;
 3912         (b) The responsibilities of both departments and all other
 3913  appropriate entities; and
 3914         (c) A detailed implementation schedule.
 3916  The plan must be submitted to the Governor, the President of the
 3917  Senate, and the Speaker of the House of Representatives by May
 3918  1, 2001.
 3919         Section 157. Subsection (7) of section 985.632, Florida
 3920  Statutes, is repealed.
 3921         Section 158. Subsection (19) of section 1002.34, Florida
 3922  Statutes, is repealed.
 3923         Section 159. Subsection (4) of section 1003.61, Florida
 3924  Statutes, is repealed.
 3925         Section 160. Subsections (5) through (13) of section
 3926  1004.22, Florida Statutes, are amended to read:
 3927         1004.22 Divisions of sponsored research at state
 3928  universities.—
 3929         (5) Moneys deposited in the permanent sponsored research
 3930  development fund of a university shall be disbursed in
 3931  accordance with the terms of the contract, grant, or donation
 3932  under which they are received. Moneys received for overhead or
 3933  indirect costs and other moneys not required for the payment of
 3934  direct costs shall be applied to the cost of operating the
 3935  division of sponsored research. Any surplus moneys shall be used
 3936  to support other research or sponsored training programs in any
 3937  area of the university. Transportation and per diem expense
 3938  allowances are shall be the same as those provided by law in s.
 3939  112.061, except that personnel performing travel under a
 3940  sponsored research subcontract may be reimbursed for travel
 3941  expenses in accordance with the provisions of the applicable
 3942  prime contract or grant and the travel allowances established by
 3943  the subcontractor, subject to the requirements of subsection (6)
 3944  (7), or except as provided in subsection (10) (11).
 3945         (6)(a) Each university shall submit to the Board of
 3946  Governors a report of the activities of each division of
 3947  sponsored research together with an estimated budget for the
 3948  next fiscal year.
 3949         (b) Not less than 90 days prior to the convening of each
 3950  regular session of the Legislature in which an appropriation
 3951  shall be made, the Board of Governors shall submit to the chair
 3952  of the appropriations committee of each house of the Legislature
 3953  a compiled report, together with a compiled estimated budget for
 3954  the next fiscal year. A copy of such report and estimated budget
 3955  shall be furnished to the Governor, as the chief budget officer
 3956  of the state.
 3957         (6)(7) All purchases of a division of sponsored research
 3958  shall be made in accordance with the policies and procedures of
 3959  the university pursuant to guidelines of the Board of Governors;
 3960  however, upon certification addressed to the university
 3961  president that it is necessary for the efficient or expeditious
 3962  prosecution of a research project, the president may exempt the
 3963  purchase of material, supplies, equipment, or services for
 3964  research purposes from the general purchasing requirement of
 3965  state law the Florida Statutes.
 3966         (7)(8) The university may authorize the construction,
 3967  alteration, or remodeling of buildings if when the funds used
 3968  are derived entirely from the sponsored research development
 3969  fund of a university or from that fund in combination with other
 3970  nonstate sources and if, provided that such construction,
 3971  alteration, or remodeling is for use exclusively in the area of
 3972  research. The university may; it also may authorize the
 3973  acquisition of real property if when the cost is entirely from
 3974  the said funds. Title to all real property purchased before
 3975  prior to January 7, 2003, or with funds appropriated by the
 3976  Legislature shall vest in the Board of Trustees of the Internal
 3977  Improvement Trust Fund and may shall only be transferred or
 3978  conveyed only by it.
 3979         (8)(9) The sponsored research programs of the Institute of
 3980  Food and Agricultural Sciences, the University of Florida Health
 3981  Science Center, and the engineering and industrial experiment
 3982  station shall continue to be centered at the University of
 3983  Florida as heretofore provided by law. Indirect cost
 3984  reimbursements of all grants deposited in the Division of
 3985  Sponsored Research shall be distributed directly to the above
 3986  units in direct proportion to the amounts earned by each unit.
 3987         (9)(10) The operation of the divisions of sponsored
 3988  research and the conduct of the sponsored research program are
 3989  exempt expressly exempted from the provisions of any law other
 3990  laws or portions of laws in conflict with this subsection
 3991  herewith and are, subject to the requirements of subsection (6)
 3992  (7), exempt exempted from the provisions of chapters 215, 216,
 3993  and 283.
 3994         (10)(11) The divisions of sponsored research may pay, by
 3995  advancement or reimbursement, or a combination thereof, the
 3996  costs of per diem of university employees and of other
 3997  authorized persons, as defined in s. 112.061(2)(e), for foreign
 3998  travel up to the current rates as stated in the grant and
 3999  contract terms and may also pay incidental expenses as
 4000  authorized by s. 112.061(8). This subsection applies to any
 4001  university employee traveling in foreign countries for sponsored
 4002  programs of the university, if such travel expenses are approved
 4003  in the terms of the contract or grant. The provisions of s.
 4004  112.061, other than those relating to per diem, apply to the
 4005  travel described in this subsection. As used in this subsection,
 4006  the term “foreign travel” means any travel outside the United
 4007  States and its territories and possessions and Canada. Persons
 4008  traveling in foreign countries pursuant to this section are
 4009  shall not be entitled to reimbursements or advancements pursuant
 4010  to s. 112.061(6)(a)2. for such travel.
 4011         (11)(12) Each division of sponsored research may is
 4012  authorized to advance funds to any principal investigator who,
 4013  under the contract or grant terms, will be performing a portion
 4014  of his or her research at a site that is remote from the
 4015  university. Funds may shall be advanced only to employees who
 4016  have executed a proper power of attorney with the university to
 4017  ensure the proper collection of the such advanced funds if it
 4018  becomes necessary. As used in this subsection, the term “remote”
 4019  means so far removed from the university as to render normal
 4020  purchasing and payroll functions ineffective.
 4021         (12)(13) Each university board of trustees may is
 4022  authorized to adopt rules, as necessary, to administer this
 4023  section.
 4024         Section 161. Subsection (6) of section 1004.50, Florida
 4025  Statutes, is repealed.
 4026         Section 162. Subsections (2) and (4) of section 1004.94,
 4027  Florida Statutes, are repealed.
 4028         Section 163. Subsection (4) of section 1004.95, Florida
 4029  Statutes, is amended to read:
 4030         1004.95 Adult literacy centers.—
 4031         (4) The State Board of Education shall develop rules for
 4032  implementing this section, including criteria for evaluating the
 4033  performance of the centers, and shall submit an evaluation
 4034  report of the centers to the Legislature on or before February 1
 4035  of each year.
 4036         Section 164. Section 1006.0605, Florida Statutes, is
 4037  repealed.
 4038         Section 165. Section 1006.67, Florida Statutes, is
 4039  repealed.
 4040         Section 166. Subsection (8) of section 1009.70, Florida
 4041  Statutes, is amended to read:
 4042         1009.70 Florida Education Fund.—
 4043         (8) There is created a legal education component of the
 4044  Florida Education Fund to provide the opportunity for minorities
 4045  to attain representation within the legal profession
 4046  proportionate to their representation within the general
 4047  population. The legal education component of the Florida
 4048  Education Fund includes a law school program and a pre-law
 4049  program.
 4050         (a) The law school scholarship program of the Florida
 4051  Education Fund is to be administered by the Board of Directors
 4052  of the Florida Education Fund for the purpose of increasing by
 4053  200 the number of minority students enrolled in law schools in
 4054  this state by 200. Implementation of this program is to be
 4055  phased in over a 3-year period.
 4056         1. The board of directors shall provide financial,
 4057  academic, and other support to students selected for
 4058  participation in this program from funds appropriated by the
 4059  Legislature.
 4060         2. Student selection must be made in accordance with rules
 4061  adopted by the board of directors for that purpose and must be
 4062  based, at least in part, on an assessment of potential for
 4063  success, merit, and financial need.
 4064         3. Support must be made available to students who enroll in
 4065  private, as well as public, law schools in this state which are
 4066  accredited by the American Bar Association.
 4067         4. Scholarships must be paid directly to the participating
 4068  students.
 4069         5. Students who participate in this program must agree in
 4070  writing to sit for The Florida Bar examination and, upon
 4071  successful admission to The Florida Bar, to either practice law
 4072  in the state for a period of time equal to the amount of time
 4073  for which the student received aid, up to 3 years, or repay the
 4074  amount of aid received.
 4075         6. Annually, the board of directors shall compile a report
 4076  that includes a description of the selection process, an
 4077  analysis of the academic progress of all scholarship recipients,
 4078  and an analysis of expenditures. This report must be submitted
 4079  to the President of the Senate, the Speaker of the House of
 4080  Representatives, and the Governor.
 4081         (b) The minority pre-law scholarship loan program of the
 4082  Florida Education Fund is to be administered by the Board of
 4083  Directors of the Florida Education Fund for the purpose of
 4084  increasing the opportunity of minority students to prepare for
 4085  law school.
 4086         1. From funds appropriated by the Legislature, the board of
 4087  directors shall provide for student fees, room, board, books,
 4088  supplies, and academic and other support to selected minority
 4089  undergraduate students matriculating at eligible public and
 4090  independent colleges and universities in Florida.
 4091         2. Student selection must be made in accordance with rules
 4092  adopted by the board of directors for that purpose and must be
 4093  based, at least in part, on an assessment of potential for
 4094  success, merit, and financial need.
 4095         3. To be eligible, a student must make a written agreement
 4096  to enter or be accepted to enter a law school in this state
 4097  within 2 years after graduation or repay the scholarship loan
 4098  amount plus interest at the prevailing rate.
 4099         4. Recipients who fail to gain admission to a law school
 4100  within the specified period of time, may, upon admission to law
 4101  school, be eligible to have their loans canceled.
 4102         5. Minority pre-law scholarship loans shall be provided to
 4103  34 minority students per year for up to 4 years each, for a
 4104  total of 136 scholarship loans. To continue receiving receipt of
 4105  scholarship loans, recipients must maintain a 2.75 grade point
 4106  average for the freshman year and a 3.25 grade point average
 4107  thereafter. Participants must also take specialized courses to
 4108  enhance competencies in English and logic.
 4109         6. The board of directors shall maintain records on all
 4110  scholarship loan recipients. Participating institutions shall
 4111  submit academic progress reports to the board of directors
 4112  following each academic term. Annually, the board of directors
 4113  shall compile a report that includes a description of the
 4114  selection process, an analysis of the academic progress of all
 4115  scholarship loan recipients, and an analysis of expenditures.
 4116  This report must be submitted to the President of the Senate,
 4117  the Speaker of the House of Representatives, and the Governor.
 4118         Section 167. Subsection (8) of section 1011.32, Florida
 4119  Statutes, is amended to read:
 4120         1011.32 Community College Facility Enhancement Challenge
 4121  Grant Program.—
 4122         (8) By September 1 of each year, the State Board of
 4123  Education shall transmit to the Governor and the Legislature a
 4124  list of projects that which meet all eligibility requirements to
 4125  participate in the Community College Facility Enhancement
 4126  Challenge Grant Program and a budget request that which includes
 4127  the recommended schedule necessary to complete each project.
 4128         Section 168. Paragraph (s) of subsection (1) of section
 4129  1011.62, Florida Statutes, is amended to read:
 4130         1011.62 Funds for operation of schools.—If the annual
 4131  allocation from the Florida Education Finance Program to each
 4132  district for operation of schools is not determined in the
 4133  annual appropriations act or the substantive bill implementing
 4134  the annual appropriations act, it shall be determined as
 4135  follows:
 4137  OPERATION.—The following procedure shall be followed in
 4138  determining the annual allocation to each district for
 4139  operation:
 4140         (s) Extended-school-year program.—It is the intent of the
 4141  Legislature that students be provided additional instruction by
 4142  extending the school year to 210 days or more. Districts may
 4143  apply to the Commissioner of Education for funds to be used in
 4144  planning and implementing an extended-school-year program. The
 4145  Department of Education shall recommend to the Legislature the
 4146  policies necessary for full implementation of an extended school
 4147  year.
 4148         Section 169. Paragraph (l) of subsection (2) of section
 4149  1012.05, Florida Statutes, is repealed.
 4150         Section 170. Subsection (1) of section 1012.42, Florida
 4151  Statutes, is amended to read:
 4152         1012.42 Teacher teaching out-of-field.—
 4153         (1) ASSISTANCE.—Each district school board shall adopt and
 4154  implement a plan to assist any teacher teaching out-of-field,
 4155  and priority consideration in professional development
 4156  activities shall be given to a teacher teachers who is are
 4157  teaching out-of-field. The district school board shall require
 4158  that the teacher such teachers participate in a certification or
 4159  staff development program designed to provide the teacher with
 4160  the competencies required for the assigned duties. The board
 4161  approved assistance plan must include duties of administrative
 4162  personnel and other instructional personnel to provide students
 4163  with instructional services. Each district school board shall
 4164  contact its regional workforce board, created pursuant to s.
 4165  445.007, to identify resources that may assist teachers who are
 4166  teaching out-of-field and who are pursuing certification.
 4167         Section 171. Section 1013.11, Florida Statutes, is amended
 4168  to read:
 4169         1013.11 Postsecondary institutions assessment of physical
 4170  plant safety.—The president of each postsecondary institution
 4171  shall conduct or cause to be conducted an annual assessment of
 4172  physical plant safety. An annual report shall incorporate the
 4173  assessment findings obtained through such assessment and
 4174  recommendations for the improvement of safety on each campus.
 4175  The annual report shall be submitted to the respective governing
 4176  or licensing board of jurisdiction no later than January 1 of
 4177  each year. Each board shall compile the individual institutional
 4178  reports and convey the aggregate institutional reports to the
 4179  Commissioner of Education or the Chancellor of the State
 4180  University System, as appropriate. The Commissioner of Education
 4181  and the Chancellor of the State University System shall convey
 4182  these reports and the reports required in s. 1006.67 to the
 4183  President of the Senate and the Speaker of the House of
 4184  Representatives no later than March 1 of each year.
 4185         Section 172. Subsection (3) of section 161.142, Florida
 4186  Statutes, is amended to read:
 4187         161.142 Declaration of public policy relating to improved
 4188  navigation inlets.—The Legislature recognizes the need for
 4189  maintaining navigation inlets to promote commercial and
 4190  recreational uses of our coastal waters and their resources. The
 4191  Legislature further recognizes that inlets interrupt or alter
 4192  the natural drift of beach-quality sand resources, which often
 4193  results in these sand resources being deposited in nearshore
 4194  areas or in the inlet channel, or in the inland waterway
 4195  adjacent to the inlet, instead of providing natural nourishment
 4196  to the adjacent eroding beaches. Accordingly, the Legislature
 4197  finds it is in the public interest to replicate the natural
 4198  drift of sand which is interrupted or altered by inlets to be
 4199  replaced and for each level of government to undertake all
 4200  reasonable efforts to maximize inlet sand bypassing to ensure
 4201  that beach-quality sand is placed on adjacent eroding beaches.
 4202  Such activities cannot make up for the historical sand deficits
 4203  caused by inlets but shall be designed to balance the sediment
 4204  budget of the inlet and adjacent beaches and extend the life of
 4205  proximate beach-restoration projects so that periodic
 4206  nourishment is needed less frequently. Therefore, in furtherance
 4207  of this declaration of public policy and the Legislature’s
 4208  intent to redirect and recommit the state’s comprehensive beach
 4209  management efforts to address the beach erosion caused by
 4210  inlets, the department shall ensure that:
 4211         (3) Construction waterward of the coastal construction
 4212  control line on downdrift coastal areas, on islands
 4213  substantially created by the deposit of spoil, located within 1
 4214  mile of the centerline of navigation channels or inlets,
 4215  providing access to ports listed in s. 403.021(9)(b), which
 4216  suffers or has suffered erosion caused by such navigation
 4217  channel maintenance or construction shall be exempt from the
 4218  permitting requirements and prohibitions of s. 161.053(4)(5) or
 4219  (5)(6); however, such construction shall comply with the
 4220  applicable Florida Building Code adopted pursuant to s. 553.73.
 4221  The timing and sequence of any construction activities
 4222  associated with inlet management projects shall provide
 4223  protection to nesting sea turtles and their hatchlings and
 4224  habitats, to nesting shorebirds, and to native salt-resistant
 4225  vegetation and endangered plant communities. Beach-quality sand
 4226  placed on the beach as part of an inlet management project must
 4227  be suitable for marine turtle nesting.
 4228         Section 173. Paragraph (a) of subsection (4) of section
 4229  163.065, Florida Statutes, is amended to read:
 4230         163.065 Miami River Improvement Act.—
 4231         (4) PLAN.—The Miami River Commission, working with the City
 4232  of Miami and Miami-Dade County, shall consider the merits of the
 4233  following:
 4234         (a) Development and adoption of an urban infill and
 4235  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 4236  163.2526, which and participating state and regional agencies
 4237  shall review the proposed plan for the purposes of determining
 4238  consistency with applicable law.
 4239         Section 174. Subsection (1) of section 163.2511, Florida
 4240  Statutes, is amended to read:
 4241         163.2511 Urban infill and redevelopment.—
 4242         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 4243  cited as the “Growth Policy Act.”
 4244         Section 175. Section 163.2514, Florida Statutes, is amended
 4245  to read:
 4246         163.2514 Growth Policy Act; definitions.—As used in ss.
 4247  163.2511-163.2523, the term ss. 163.2511-163.2526:
 4248         (1) “Local government” means any county or municipality.
 4249         (2) “Urban infill and redevelopment area” means an area or
 4250  areas designated by a local government where:
 4251         (a) Public services such as water and wastewater,
 4252  transportation, schools, and recreation are already available or
 4253  are scheduled to be provided in an adopted 5-year schedule of
 4254  capital improvements;
 4255         (b) The area, or one or more neighborhoods within the area,
 4256  suffers from pervasive poverty, unemployment, and general
 4257  distress as defined by s. 290.0058;
 4258         (c) The area exhibits a proportion of properties that are
 4259  substandard, overcrowded, dilapidated, vacant or abandoned, or
 4260  functionally obsolete which is higher than the average for the
 4261  local government;
 4262         (d) More than 50 percent of the area is within 1/4 mile of
 4263  a transit stop, or a sufficient number of such transit stops
 4264  will be made available concurrent with the designation; and
 4265         (e) The area includes or is adjacent to community
 4266  redevelopment areas, brownfields, enterprise zones, or Main
 4267  Street programs, or has been designated by the state or Federal
 4268  Government as an urban redevelopment, revitalization, or infill
 4269  area under empowerment zone, enterprise community, or brownfield
 4270  showcase community programs or similar programs.
 4271         Section 176. Subsection (2) of section 163.3202, Florida
 4272  Statutes, is amended to read:
 4273         163.3202 Land development regulations.—
 4274         (2) Local land development regulations shall contain
 4275  specific and detailed provisions necessary or desirable to
 4276  implement the adopted comprehensive plan and shall at as a
 4277  minimum:
 4278         (a) Regulate the subdivision of land.
 4279         (b) Regulate the use of land and water for those land use
 4280  categories included in the land use element and ensure the
 4281  compatibility of adjacent uses and provide for open space.
 4282         (c) Provide for protection of potable water wellfields.
 4283         (d) Regulate areas subject to seasonal and periodic
 4284  flooding and provide for drainage and stormwater management.
 4285         (e) Ensure the protection of environmentally sensitive
 4286  lands designated in the comprehensive plan.
 4287         (f) Regulate signage.
 4288         (g) Provide that public facilities and services meet or
 4289  exceed the standards established in the capital improvements
 4290  element required by s. 163.3177 and are available when needed
 4291  for the development, or that development orders and permits are
 4292  conditioned on the availability of these public facilities and
 4293  services necessary to serve the proposed development. Not later
 4294  than 1 year after its due date established by the state land
 4295  planning agency’s rule for submission of local comprehensive
 4296  plans pursuant to s. 163.3167(2), A local government may shall
 4297  not issue a development order or permit that which results in a
 4298  reduction in the level of services for the affected public
 4299  facilities below the level of services provided in the local
 4300  government’s comprehensive plan of the local government.
 4301         (h) Ensure safe and convenient onsite traffic flow,
 4302  considering needed vehicle parking.
 4303         Section 177. Paragraph (b) of subsection (11) of section
 4304  259.041, Florida Statutes, is amended to read:
 4305         259.041 Acquisition of state-owned lands for preservation,
 4306  conservation, and recreation purposes.—
 4307         (11)
 4308         (b) All project applications shall identify, within their
 4309  acquisition plans, those projects that which require a full fee
 4310  simple interest to achieve the public policy goals, together
 4311  with the reasons full title is determined to be necessary. The
 4312  state agencies and the water management districts may use
 4313  alternatives to fee simple acquisition to bring the remaining
 4314  projects in their acquisition plans under public protection. For
 4315  the purposes of this subsection, the term “alternatives to fee
 4316  simple acquisition” includes, but is not limited to: purchase of
 4317  development rights; obtaining conservation easements; obtaining
 4318  flowage easements; purchase of timber rights, mineral rights, or
 4319  hunting rights; purchase of agricultural interests or
 4320  silvicultural interests; entering into land protection
 4321  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 4322  simple acquisitions with reservations; creating life estates; or
 4323  any other acquisition technique that which achieves the public
 4324  policy goals listed in paragraph (a). It is presumed that a
 4325  private landowner retains the full range of uses for all the
 4326  rights or interests in the landowner’s land which are not
 4327  specifically acquired by the public agency. The lands upon which
 4328  hunting rights are specifically acquired pursuant to this
 4329  paragraph shall be available for hunting in accordance with the
 4330  management plan or hunting regulations adopted by the Florida
 4331  Fish and Wildlife Conservation Commission, unless the hunting
 4332  rights are purchased specifically to protect activities on
 4333  adjacent lands.
 4334         Section 178. Paragraph (c) of subsection (3) of section
 4335  259.101, Florida Statutes, is amended to read:
 4336         259.101 Florida Preservation 2000 Act.—
 4337         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 4338  of issuance, the costs of funding reserve accounts, and other
 4339  costs with respect to the bonds, the proceeds of bonds issued
 4340  pursuant to this act shall be deposited into the Florida
 4341  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 4342  year 2000-2001, for each Florida Preservation 2000 program
 4343  described in paragraphs (a)-(g), that portion of each program’s
 4344  total remaining cash balance which, as of June 30, 2000, is in
 4345  excess of that program’s total remaining appropriation balances
 4346  shall be redistributed by the department and deposited into the
 4347  Save Our Everglades Trust Fund for land acquisition. For
 4348  purposes of calculating the total remaining cash balances for
 4349  this redistribution, the Florida Preservation 2000 Series 2000
 4350  bond proceeds, including interest thereon, and the fiscal year
 4351  1999-2000 General Appropriations Act amounts shall be deducted
 4352  from the remaining cash and appropriation balances,
 4353  respectively. The remaining proceeds shall be distributed by the
 4354  Department of Environmental Protection in the following manner:
 4355         (c) Ten percent to the Department of Community Affairs to
 4356  provide land acquisition grants and loans to local governments
 4357  through the Florida Communities Trust pursuant to part III of
 4358  chapter 380. From funds allocated to the trust, $3 million
 4359  annually shall be used by the Division of State Lands within the
 4360  Department of Environmental Protection to implement the Green
 4361  Swamp Land Protection Initiative specifically for the purchase
 4362  of conservation easements, as defined in s. 380.0677(3) s.
 4363  380.0677(4), of lands, or severable interests or rights in
 4364  lands, in the Green Swamp Area of Critical State Concern. From
 4365  funds allocated to the trust, $3 million annually shall be used
 4366  by the Monroe County Comprehensive Plan Land Authority
 4367  specifically for the purchase of a any real property interest in
 4368  either those lands subject to the Rate of Growth Ordinances
 4369  adopted by local governments in Monroe County or those lands
 4370  within the boundary of an approved Conservation and Recreation
 4371  Lands project located within the Florida Keys or Key West Areas
 4372  of Critical State Concern; however, title to lands acquired
 4373  within the boundary of an approved Conservation and Recreation
 4374  Lands project may, in accordance with an approved joint
 4375  acquisition agreement, vest in the Board of Trustees of the
 4376  Internal Improvement Trust Fund. Of the remaining funds
 4377  allocated to the trust after the above transfers occur, one-half
 4378  shall be matched by local governments on a dollar-for-dollar
 4379  basis. To the extent allowed by federal requirements for the use
 4380  of bond proceeds, the trust shall expend Preservation 2000 funds
 4381  to carry out the purposes of part III of chapter 380.
 4383  Local governments may use federal grants or loans, private
 4384  donations, or environmental mitigation funds, including
 4385  environmental mitigation funds required pursuant to s. 338.250,
 4386  for any part or all of any local match required for the purposes
 4387  described in this subsection. Bond proceeds allocated pursuant
 4388  to paragraph (c) may be used to purchase lands on the priority
 4389  lists developed pursuant to s. 259.035. Title to lands purchased
 4390  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 4391  vested in the Board of Trustees of the Internal Improvement
 4392  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 4393  may be vested in the Board of Trustees of the Internal
 4394  Improvement Trust Fund. The board of trustees shall hold title
 4395  to land protection agreements and conservation easements that
 4396  were or will be acquired pursuant to s. 380.0677, and the
 4397  Southwest Florida Water Management District and the St. Johns
 4398  River Water Management District shall monitor such agreements
 4399  and easements within their respective districts until the state
 4400  assumes this responsibility.
 4401         Section 179. Subsections (1) and (5) of section 369.305,
 4402  Florida Statutes, are amended to read:
 4403         369.305 Review of local comprehensive plans, land
 4404  development regulations, Wekiva River development permits, and
 4405  amendments.—
 4406         (1) It is the intent of the Legislature that comprehensive
 4407  plans and land development regulations of Orange, Lake, and
 4408  Seminole Counties be revised to protect the Wekiva River
 4409  Protection Area prior to the due dates established in ss.
 4410  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 4411  Administrative Code. It is also the intent of the Legislature
 4412  that Orange, Lake, and Seminole the Counties emphasize the
 4413  Wekiva River Protection Area this important state resource in
 4414  their planning and regulation efforts. Therefore, each county’s
 4415  county shall, by April 1, 1989, review and amend those portions
 4416  of its local comprehensive plan and its land development
 4417  regulations applicable to the Wekiva River Protection Area must,
 4418  and, if necessary, adopt additional land development regulations
 4419  which are applicable to the Wekiva River Protection Area to meet
 4420  the following criteria:
 4421         (a) Each county’s local comprehensive plan must shall
 4422  contain goals, policies, and objectives that which result in the
 4423  protection of the:
 4424         1. Water quantity, water quality, and hydrology of the
 4425  Wekiva River System;
 4426         2. Wetlands associated with the Wekiva River System;
 4427         3. Aquatic and wetland-dependent wildlife species
 4428  associated with the Wekiva River System;
 4429         4. Habitat within the Wekiva River Protection Area of
 4430  species designated pursuant to rules 39-27.003, 39-27.004, and
 4431  39-27.005, Florida Administrative Code; and
 4432         5. Native vegetation within the Wekiva River Protection
 4433  Area.
 4434         (b) The various land uses and densities and intensities of
 4435  development permitted by the local comprehensive plan shall
 4436  protect the resources enumerated in paragraph (a) and the rural
 4437  character of the Wekiva River Protection Area. The plan must
 4438  shall also include:
 4439         1. Provisions that to ensure the preservation of sufficient
 4440  habitat for feeding, nesting, roosting, and resting so as to
 4441  maintain viable populations of species designated pursuant to
 4442  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 4443  Administrative Code, within the Wekiva River Protection Area.
 4444         2. Restrictions on the clearing of native vegetation within
 4445  the 100-year flood plain.
 4446         3. Prohibition of development that is not low-density
 4447  residential in nature, unless the that development has less
 4448  effect impacts on natural resources than low-density residential
 4449  development.
 4450         4. Provisions for setbacks along the Wekiva River for areas
 4451  that do not fall within the protection zones established
 4452  pursuant to s. 373.415.
 4453         5. Restrictions on intensity of development adjacent to
 4454  publicly owned lands to prevent adverse impacts to such lands.
 4455         6. Restrictions on filling and alteration of wetlands in
 4456  the Wekiva River Protection Area.
 4457         7. Provisions encouraging clustering of residential
 4458  development if when it promotes protection of environmentally
 4459  sensitive areas, and ensures ensuring that residential
 4460  development in the aggregate are shall be of a rural in density
 4461  and character.
 4462         (c) The local comprehensive plan must shall require that
 4463  the density or intensity of development permitted on parcels of
 4464  property adjacent to the Wekiva River System be concentrated on
 4465  those portions of the parcels which are the farthest from the
 4466  surface waters and wetlands of the Wekiva River System.
 4467         (d) The local comprehensive plan must shall require that
 4468  parcels of land adjacent to the surface waters and watercourses
 4469  of the Wekiva River System not be subdivided so as to interfere
 4470  with the implementation of protection zones as established
 4471  pursuant to s. 373.415, any applicable setbacks from the surface
 4472  waters in the Wekiva River System which are established by local
 4473  governments, or the policy established in paragraph (c) of
 4474  concentrating development in the Wekiva River Protection Area as
 4475  far from the surface waters and wetlands of the Wekiva River
 4476  System as practicable.
 4477         (e) The local land development regulations must shall
 4478  implement the provisions of paragraphs (a), (b), (c), and (d)
 4479  and must shall also include restrictions on the location of
 4480  septic tanks and drainfields in the 100-year flood plain and
 4481  discharges of stormwater to the Wekiva River System.
 4482         (5) During the period of time between the effective date of
 4483  this act and the due date of a county’s revised local government
 4484  comprehensive plan as established by s. 163.3167(2) and chapter
 4485  9J-12, Florida Administrative Code, any local comprehensive plan
 4486  amendment or amendment to a land development regulation, adopted
 4487  or issued by a county, which applies to the Wekiva River
 4488  Protection Area, or any Wekiva River development permit adopted
 4489  by a county, solely within protection zones established pursuant
 4490  to s. 373.415, shall be sent to the department within 10 days
 4491  after its adoption or issuance by the local governing body but
 4492  shall not become effective until certified by the department as
 4493  being in compliance with purposes described in subsection (1).
 4494  The department shall make its decision on certification within
 4495  60 days after receipt of the amendment or development permit
 4496  solely within protection zones established pursuant to s.
 4497  373.415. The department’s decision on certification shall be
 4498  final agency action. This subsection shall not apply to any
 4499  amendments or new land development regulations adopted pursuant
 4500  to subsections (1)-(4) or to any development order approving,
 4501  approving with conditions, or denying a development of regional
 4502  impact.
 4503         Section 180. Paragraph (g) of subsection (1) of section
 4504  379.2431, Florida Statutes, is amended to read:
 4505         379.2431 Marine animals; regulation.—
 4507         (g) The Department of Environmental Protection may
 4508  condition the nature, timing, and sequence of construction of
 4509  permitted activities to provide protection to nesting marine
 4510  turtles and hatchlings and their habitat pursuant to s.
 4511  161.053(4) the provisions of s. 161.053(5). If When the
 4512  department is considering a permit for a beach restoration,
 4513  beach renourishment, or inlet sand transfer project and the
 4514  applicant has had an active marine turtle nest relocation
 4515  program or the applicant has agreed to and has the ability to
 4516  administer a program, the department may must not restrict the
 4517  timing of the project. If Where appropriate, the department, in
 4518  accordance with the applicable rules of the Fish and Wildlife
 4519  Conservation Commission, shall require as a condition of the
 4520  permit that the applicant relocate and monitor all turtle nests
 4521  that would be affected by the beach restoration, beach
 4522  renourishment, or sand transfer activities. Such relocation and
 4523  monitoring activities shall be conducted in a manner that
 4524  ensures successful hatching. This limitation on the department’s
 4525  authority applies only on the Atlantic coast of Florida.
 4526         Section 181. Section 381.732, Florida Statutes, is amended
 4527  to read:
 4528         381.732 Short title; Healthy Communities, Healthy People
 4529  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 4530  the “Healthy Communities, Healthy People Act.”
 4531         Section 182. Section 381.733, Florida Statutes, is amended
 4532  to read:
 4533         381.733 Definitions relating to Healthy Communities,
 4534  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 4535  381.734, the term:
 4536         (1) “Department” means the Department of Health.
 4537         (2) “Primary prevention” means interventions directed
 4538  toward healthy populations with a focus on avoiding disease
 4539  before it occurs prior to its occurrence.
 4540         (3) “Secondary prevention” means interventions designed to
 4541  promote the early detection and treatment of diseases and to
 4542  reduce the risks experienced by at-risk populations.
 4543         (4) “Tertiary prevention” means interventions directed at
 4544  rehabilitating and minimizing the effects of disease in a
 4545  chronically ill population.
 4546         Section 183. Paragraph (d) of subsection (5) of section
 4547  411.01, Florida Statutes, is amended to read:
 4548         411.01 School readiness programs; early learning
 4549  coalitions.—
 4551         (d) Implementation.—
 4552         1. An early learning coalition may not implement the school
 4553  readiness program until the coalition is authorized through
 4554  approval of the coalition’s school readiness plan is approved by
 4555  the Agency for Workforce Innovation.
 4556         2. Each early learning coalition shall develop a plan for
 4557  implementing the school readiness program to meet the
 4558  requirements of this section and the performance standards and
 4559  outcome measures adopted by the Agency for Workforce Innovation.
 4560  The plan must demonstrate how the program will ensure that each
 4561  3-year-old and 4-year-old child in a publicly funded school
 4562  readiness program receives scheduled activities and instruction
 4563  designed to enhance the age-appropriate progress of the children
 4564  in attaining the performance standards adopted by the agency for
 4565  Workforce Innovation under subparagraph (4)(d)8. Before
 4566  implementing the school readiness program, the early learning
 4567  coalition must submit the plan to the agency for Workforce
 4568  Innovation for approval. The agency for Workforce Innovation may
 4569  approve the plan, reject the plan, or approve the plan with
 4570  conditions. The agency for Workforce Innovation shall review
 4571  school readiness plans at least annually.
 4572         3. If the Agency for Workforce Innovation determines during
 4573  the annual review of school readiness plans, or through
 4574  monitoring and performance evaluations conducted under paragraph
 4575  (4)(l), that an early learning coalition has not substantially
 4576  implemented its plan, has not substantially met the performance
 4577  standards and outcome measures adopted by the agency, or has not
 4578  effectively administered the school readiness program or
 4579  Voluntary Prekindergarten Education Program, the agency for
 4580  Workforce Innovation may dissolve the coalition and temporarily
 4581  contract with a qualified entity to continue school readiness
 4582  and prekindergarten services in the coalition’s county or
 4583  multicounty region until the coalition is reestablished through
 4584  resubmission of a school readiness plan and approval by the
 4585  agency.
 4586         4. The Agency for Workforce Innovation shall adopt criteria
 4587  for the approval of school readiness plans. The criteria must be
 4588  consistent with the performance standards and outcome measures
 4589  adopted by the agency and must require each approved plan to
 4590  include the following minimum standards and provisions:
 4591         a. A sliding fee scale establishing a copayment for parents
 4592  based upon their ability to pay, which is the same for all
 4593  program providers, to be implemented and reflected in each
 4594  program’s budget.
 4595         b. A choice of settings and locations in licensed,
 4596  registered, religious-exempt, or school-based programs to be
 4597  provided to parents.
 4598         c. Instructional staff who have completed the training
 4599  course as required in s. 402.305(2)(d)1., as well as staff who
 4600  have additional training or credentials as required by the
 4601  Agency for Workforce Innovation. The plan must provide a method
 4602  for assuring the qualifications of all personnel in all program
 4603  settings.
 4604         d. Specific eligibility priorities for children within the
 4605  early learning coalition’s county or multicounty region in
 4606  accordance with subsection (6).
 4607         e. Performance standards and outcome measures adopted by
 4608  the agency for Workforce Innovation.
 4609         f. Payment rates adopted by the early learning coalition
 4610  and approved by the agency for Workforce Innovation. Payment
 4611  rates may not have the effect of limiting parental choice or
 4612  creating standards or levels of services that have not been
 4613  authorized by the Legislature.
 4614         g. Systems support services, including a central agency,
 4615  child care resource and referral, eligibility determinations,
 4616  training of providers, and parent support and involvement.
 4617         h. Direct enhancement services to families and children.
 4618  System support and direct enhancement services shall be in
 4619  addition to payments for the placement of children in school
 4620  readiness programs.
 4621         i. The business organization of the early learning
 4622  coalition, which must include the coalition’s articles of
 4623  incorporation and bylaws if the coalition is organized as a
 4624  corporation. If the coalition is not organized as a corporation
 4625  or other business entity, the plan must include the contract
 4626  with a fiscal agent. An early learning coalition may contract
 4627  with other coalitions to achieve efficiency in multicounty
 4628  services, and these contracts may be part of the coalition’s
 4629  school readiness plan.
 4630         j. Strategies to meet the needs of unique populations, such
 4631  as migrant workers.
 4633  As part of the school readiness plan, the early learning
 4634  coalition may request the Governor to apply for a waiver to
 4635  allow the coalition to administer the Head Start Program to
 4636  accomplish the purposes of the school readiness program. If a
 4637  school readiness plan demonstrates that specific statutory goals
 4638  can be achieved more effectively by modifying using procedures
 4639  that require modification of existing rules, policies, or
 4640  procedures, a request for a waiver to the Agency for Workforce
 4641  Innovation may be submitted as part of the plan. Upon review,
 4642  the agency for Workforce Innovation may grant the proposed
 4643  modification.
 4644         5. Persons with an early childhood teaching certificate may
 4645  provide support and supervision to other staff in the school
 4646  readiness program.
 4647         6. An early learning coalition may not implement its school
 4648  readiness plan until it submits the plan to and receives
 4649  approval from the Agency for Workforce Innovation. Once the plan
 4650  is approved, the plan and the services provided under the plan
 4651  shall be controlled by the early learning coalition. The plan
 4652  shall be reviewed and revised as necessary, but at least
 4653  biennially. An early learning coalition may not implement the
 4654  revisions until the coalition submits the revised plan to and
 4655  receives approval from the agency for Workforce Innovation. If
 4656  the agency for Workforce Innovation rejects a revised plan, the
 4657  coalition must continue to operate under its prior approved
 4658  plan.
 4659         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 4660  apply to an early learning coalition with an approved school
 4661  readiness plan. To facilitate innovative practices and to allow
 4662  the regional establishment of school readiness programs, an
 4663  early learning coalition may apply to the Governor and Cabinet
 4664  for a waiver of, and the Governor and Cabinet may waive, any of
 4665  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 4666  waiver is necessary for implementation of the coalition’s school
 4667  readiness plan.
 4668         8. Two or more counties may join for purposes of planning
 4669  and implementing a school readiness program.
 4670         9. An early learning coalition may, subject to approval by
 4671  the Agency for Workforce Innovation as part of the coalition’s
 4672  school readiness plan, receive subsidized child care funds for
 4673  all children eligible for any federal subsidized child care
 4674  program.
 4675         10. An early learning coalition may enter into multiparty
 4676  contracts with multicounty service providers in order to meet
 4677  the needs of unique populations such as migrant workers.
 4678         Section 184. Paragraph (a) of subsection (3) of section
 4679  411.232, Florida Statutes, is amended to read:
 4680         411.232 Children’s Early Investment Program.—
 4681         (3) ESSENTIAL ELEMENTS.—
 4682         (a) Initially, the program shall be directed to geographic
 4683  areas where at-risk young children and their families are in
 4684  greatest need because of an unfavorable combination of economic,
 4685  social, environmental, and health factors, including, without
 4686  limitation, extensive poverty, high crime rate, great incidence
 4687  of low birthweight babies, high incidence of alcohol and drug
 4688  abuse, and high rates of teenage pregnancy. The selection of a
 4689  geographic site must shall also consider the incidence of young
 4690  children within these at-risk geographic areas who are cocaine
 4691  babies, children of single mothers who receive temporary cash
 4692  assistance, children of teenage parents, low birthweight babies,
 4693  and very young foster children. To receive funding under this
 4694  section, an agency, board, council, or provider must
 4695  demonstrate:
 4696         1. Its capacity to administer and coordinate the programs
 4697  and services in a comprehensive manner and provide a flexible
 4698  range of services;
 4699         2. Its capacity to identify and serve those children least
 4700  able to access existing programs and case management services;
 4701         3. Its capacity to administer and coordinate the programs
 4702  and services in an intensive and continuous manner;
 4703         4. The proximity of its facilities to young children,
 4704  parents, and other family members to be served by the program,
 4705  or its ability to provide offsite services;
 4706         5. Its ability to use existing federal, state, and local
 4707  governmental programs and services in implementing the
 4708  investment program;
 4709         6. Its ability to coordinate activities and services with
 4710  existing public and private, state and local agencies and
 4711  programs such as those responsible for health, education, social
 4712  support, mental health, child care, respite care, housing,
 4713  transportation, alcohol and drug abuse treatment and prevention,
 4714  income assistance, employment training and placement, nutrition,
 4715  and other relevant services, all the foregoing intended to
 4716  assist children and families at risk;
 4717         7. How its plan will involve project participants and
 4718  community representatives in the planning and operation of the
 4719  investment program; and
 4720         8. Its ability to participate in the evaluation component
 4721  required in this section.; and
 4722         9. Its consistency with the strategic plan pursuant to s.
 4723  411.221.
 4724         Section 185. Paragraph (a) of subsection (6) of section
 4725  445.006, Florida Statutes, is amended to read:
 4726         445.006 Strategic and operational plans for workforce
 4727  development.—
 4728         (6)(a) The operational plan must include strategies that
 4729  are designed to prevent or reduce the need for a person to
 4730  receive public assistance, including. These strategies must
 4731  include:
 4732         1. A teen pregnancy prevention component that includes, but
 4733  is not limited to, a plan for implementing the Florida Education
 4734  Now and Babies Later (ENABL) program under s. 411.242 and the
 4735  Teen Pregnancy Prevention Community Initiative within each
 4736  county of the services area in which the teen birth rate is
 4737  higher than the state average;
 4738         2. A component that encourages creation of community-based
 4739  welfare prevention and reduction initiatives that increase
 4740  support provided by noncustodial parents to their welfare
 4741  dependent children and are consistent with program and financial
 4742  guidelines developed by Workforce Florida, Inc., and the
 4743  Commission on Responsible Fatherhood. These initiatives may
 4744  include, but are not limited to, improved paternity
 4745  establishment, work activities for noncustodial parents,
 4746  programs aimed at decreasing out-of-wedlock pregnancies,
 4747  encouraging involvement of fathers with their children including
 4748  court-ordered supervised visitation, and increasing child
 4749  support payments;
 4750         3. A component that encourages formation and maintenance of
 4751  two-parent families through, among other things, court-ordered
 4752  supervised visitation;
 4753         4. A component that fosters responsible fatherhood in
 4754  families receiving assistance; and
 4755         5. A component that fosters provision of services that
 4756  reduce the incidence and effects of domestic violence on women
 4757  and children in families receiving assistance.
 4758         Section 186. Subsections (24), (25), and (26) of section
 4759  1001.42, Florida Statutes, are amended to read:
 4760         1001.42 Powers and duties of district school board.—The
 4761  district school board, acting as a board, shall exercise all
 4762  powers and perform all duties listed below:
 4764  REQUIREMENTS.—Beginning with the 2006-2007 school year:
 4765         (a) Each district school board shall designate a classroom
 4766  teacher to serve as the teacher representative to speak on
 4767  behalf of the district’s teachers regarding paperwork and data
 4768  collection reduction.
 4769         (b) Each district school board must provide the school
 4770  community with an efficient method for the school community to
 4771  communicate with the classroom teacher designee regarding
 4772  possible paperwork and data collection burdens and potential
 4773  solutions.
 4774         (c) The teacher designee shall annually report his or her
 4775  findings and potential solutions to the school board.
 4776         (d) Each district school board must submit its findings and
 4777  potential solutions to the State Board of Education by September
 4778  1 of each year.
 4779         (e) The State Board of Education shall prepare a report of
 4780  the statewide paperwork and data collection findings and
 4781  potential solutions and submit the report to the Governor, the
 4782  President of the Senate, and the Speaker of the House of
 4783  Representatives by October 1 of each year.
 4784         (24)(25) EMPLOYMENT CONTRACTS.— A district school board may
 4785  not enter into an employment contract that requires the district
 4786  to pay from state funds an employee an amount in excess of 1
 4787  year of the employee’s annual salary for termination, buyout, or
 4788  any other type of contract settlement. This subsection does not
 4789  prohibit the payment of earned leave and benefits in accordance
 4790  with the district’s leave and benefits policies which were
 4791  accrued by the employee before the contract terminates.
 4792         (25)(26) ADOPT RULES.—Adopt rules pursuant to ss.
 4793  120.536(1) and 120.54 to implement this section.
 4794         Section 187. Present paragraph (c) of subsection (3) of
 4795  section 1008.31, Florida Statutes, is redesignated as paragraph
 4796  (e), and new paragraphs (c) and (d) are added to that
 4797  subsection, to read:
 4798         1008.31 Florida’s K-20 education performance accountability
 4799  system; legislative intent; mission, goals, and systemwide
 4800  measures; data quality improvements.—
 4801         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4802  data required to implement education performance accountability
 4803  measures in state and federal law, the Commissioner of Education
 4804  shall initiate and maintain strategies to improve data quality
 4805  and timeliness. All data collected from state universities
 4806  shall, as determined by the commissioner, be integrated into the
 4807  K-20 data warehouse. The commissioner shall have unlimited
 4808  access to such data solely for the purposes of conducting
 4809  studies, reporting annual and longitudinal student outcomes, and
 4810  improving college readiness and articulation. All public
 4811  educational institutions shall provide data to the K-20 data
 4812  warehouse in a format specified by the commissioner.
 4813         (c) The commissioner shall continuously monitor and review
 4814  the collection of paperwork, data, and reports by school
 4815  districts and complete an annual review of such collection no
 4816  later than June 1 of each year. The annual review must include
 4817  recommendations for consolidating paperwork, data, and reports,
 4818  wherever feasible, in order to reduce the burdens on school
 4819  districts.
 4820         (d) By July 1 of each year, the commissioner shall prepare
 4821  a report assisting the school districts in eliminating or
 4822  consolidating paperwork, data, and reports by providing
 4823  suggestions, technical assistance, and guidance.
 4824         Section 188. This act shall take effect upon becoming a
 4825  law.

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