August 12, 2020
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       Florida Senate - 2010                             CS for SB 1412
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Haridopolos
       
       
       
       585-02381-10                                          20101412c1
    1                        A bill to be entitled                      
    2         An act relating to obsolete or outdated agency plans,
    3         reports, and programs; repealing s. 13.01, F.S., which
    4         establishes the Florida Commission on Interstate
    5         Cooperation; repealing s. 13.02, F.S., which
    6         establishes the Senate Committee on Interstate
    7         Cooperation; repealing s. 13.03, F.S., which
    8         establishes the House of Representatives Committee on
    9         Interstate Cooperation; repealing s. 13.04, F.S.,
   10         which provides terms and functions of both House and
   11         Senate standing committees; repealing s. 13.05, F.S.,
   12         which establishes the Governor’s Committee on
   13         Interstate Cooperation; repealing s. 13.06, F.S.,
   14         which designates informal names of the committees and
   15         the Commission; repealing s. 13.07, F.S., which
   16         provides the functions of the commission; repealing s.
   17         13.08, F.S., which establishes the powers and duties
   18         of the commission; repealing s. 13.09, F.S., which
   19         declares the Council of State Government to be a joint
   20         governmental agency of Florida and other states;
   21         transferring and renumbering s. 13.10, F.S., relating
   22         to the appointment of Commissioners to the National
   23         Conference of Commissioners on Uniform State Laws;
   24         repealing s. 13.90, F.S., which establishes the
   25         Florida Legislative Law Revision Council; repealing s.
   26         13.91, F.S., which establishes the membership of the
   27         council; repealing s. 13.92, F.S., which establishes
   28         the term limits for members appointed to the council;
   29         repealing s. 13.93, F.S., which declares all serving
   30         members of the council eligible for reappointment;
   31         repealing s. 13.94, F.S., which designates the chair
   32         and vice chair of the council; repealing s. 13.95,
   33         F.S., which declares that the members of the council
   34         shall serve without compensation; repealing s. 13.96,
   35         F.S., which provides the functions of the council;
   36         repealing s. 13.97, F.S., which provides that the
   37         council shall be the recipient of proposed changes and
   38         may make recommendations on such proposals; repealing
   39         s. 13.98, F.S., which provides that the council submit
   40         a report of all actions taken at each regular session
   41         of the Legislature; repealing s. 13.99, F.S.,
   42         regarding personnel of the council; repealing s.
   43         13.992, F.S., which defines the powers of the council;
   44         repealing s. 13.993, F.S., which authorizes the
   45         council to procure information from state, municipal
   46         corporations, or governmental department agencies;
   47         repealing s. 13.994, F.S., which authorizes the
   48         council to create rules and regulations for the
   49         conduct of business; repealing s. 13.995, F.S., which
   50         requires appropriations to carry out the purposes of
   51         the council; repealing s. 13.996, F.S., which provides
   52         that the first duty of the council shall be to
   53         complete revision of the criminal laws of the state of
   54         Florida; repealing s. 14.25, F.S., relating to the
   55         Florida State Commission on Hispanic Affairs; amending
   56         s. 14.26, F.S.; revising reporting requirements of the
   57         Citizen’s Assistance Office; repealing s. 14.27, F.S.,
   58         relating to the Florida Commission on African-American
   59         Affairs; repealing s. 16.58, F.S., relating to the
   60         Florida Legal Resource Center; amending s. 17.32,
   61         F.S.; revising the recipients of the annual report of
   62         trust funds by the Chief Financial Officer; amending
   63         s. 17.325, F.S.; deleting a reporting requirement
   64         relating to the governmental efficiency hotline;
   65         amending s. 20.057, F.S.; deleting a reporting
   66         requirement of the Governor relating to interagency
   67         agreements to delete duplication of inspections;
   68         repealing s. 20.316(4)(e), (f), and (g), F.S.,
   69         relating to information systems of the Department of
   70         Juvenile Justice; amending s. 20.43, F.S.; revising
   71         provisions relating to planning by the Department of
   72         Health; amending s. 39.4086, F.S.; deleting provisions
   73         relating to a report by the State Courts Administrator
   74         on a guardian ad litem program for dependent children;
   75         amending s. 98.255, F.S.; deleting provisions relating
   76         to a report on the effectiveness of voter education
   77         programs; amending s. 110.1227, F.S.; revising
   78         provisions relating to a report by the board of
   79         directors of the Florida Long-Term-Care Plan; amending
   80         s. 120.542, F.S.; deleting provisions relating to
   81         reports of petitions filed for variances to agency
   82         rules; repealing s. 153.952, F.S., relating to
   83         legislative findings and intent concerning privately
   84         owned wastewater systems and facilities; amending s.
   85         161.053, F.S.; deleting a provision relating to a
   86         report on the coastal construction control line;
   87         amending s. 161.161, F.S.; deleting a provision
   88         requiring a report on funding for beach erosion
   89         control; repealing s. 163.2526, F.S., relating to the
   90         review and evaluation of urban infill; amending s.
   91         163.3167, F.S.; deleting provisions relating to local
   92         government comprehensive plans; amending s. 163.3177,
   93         F.S.; revising requirements for comprehensive plans;
   94         amending s. 163.3178, F.S.; deleting a duty of the
   95         Coastal Resources Interagency Management Committee to
   96         submit certain recommendations; repealing s.
   97         163.519(12), F.S., relating to the requirement for a
   98         report on neighborhood improvement districts by the
   99         Department of Legal Affairs; repealing s. 186.007(9),
  100         F.S.; deleting provisions relating to a committee to
  101         recommend to the Governor changes in the state
  102         comprehensive plan; amending ss. 189.4035 and 189.412,
  103         F.S.; revising requirements relating to dissemination
  104         of the official list of special districts; amending s.
  105         206.606, F.S.; revising provisions relating to a
  106         report on the Florida Boating Improvement Program;
  107         amending s. 212.054, F.S.; deleting the requirement
  108         for a report on costs of administering the
  109         discretionary sales surtax; amending s. 212.08, F.S.;
  110         deleting a requirement for a report on the sales tax
  111         exemption for machinery and equipment used in
  112         semiconductor, defense, or space technology production
  113         and research and development; repealing s. 213.0452,
  114         F.S., relating to a report on the structure of the
  115         Department of Revenue; repealing s. 213.054, F.S.,
  116         relating to monitoring and reporting regarding persons
  117         claiming tax exemptions; amending s. 215.70, F.S.;
  118         requiring the State Board of Administration to report
  119         to the Governor when funds need to be appropriated to
  120         honor the full faith and credit of the state; amending
  121         s. 216.011, F.S.; redefining the term “long-range
  122         program plan”; repealing s. 216.181(10)(c), F.S.,
  123         relating to reports of filled and vacant positions and
  124         salaries; amending s. 252.55, F.S.; revising certain
  125         reporting requirements relating to the Civil Air
  126         Patrol; amending s. 253.7825, F.S.; deleting
  127         provisions relating to the plan for the Cross Florida
  128         Greenways State Recreation and Conservation Area;
  129         repealing s. 253.7826, F.S., relating to structures of
  130         the Cross Florida Barge Canal; repealing s. 253.7829,
  131         F.S., relating to a management plan for retention or
  132         disposition of lands of the Cross Florida Barge Canal;
  133         amending s. 259.037, F.S.; revising provisions
  134         relating to a report of the Land Management Uniform
  135         Accounting Council; repealing s. 267.074(4), F.S.,
  136         relating to a plan for the State Historical Marker
  137         Program; repealing s. 284.50(3), F.S., relating to a
  138         requirement for a report by the Interagency Advisory
  139         Council on Loss Prevention and certain department
  140         heads; repealing s. 287.045(11), F.S., relating to a
  141         requirement for reports on use of recycled products;
  142         repealing s. 288.108(7), F.S., relating to a
  143         requirement for a report by the Office of Tourism,
  144         Trade, and Economic Development on high-impact
  145         businesses; repealing s. 288.1185, F.S., relating to
  146         the Recycling Markets Advisory Committee; amending s.
  147         288.1229, F.S.; revising duties of the direct-support
  148         organization to support sports-related industries and
  149         amateur athletics; repealing s. 288.7015(4), F.S.,
  150         relating to a requirement for a report by the rules
  151         ombudsman in the Executive Office of the Governor;
  152         amending s. 288.7771, F.S.; revising a reporting
  153         requirement of the Florida Export Finance Corporation;
  154         repealing s. 288.8175(8), (10), and (11), F.S.,
  155         relating to certain responsibilities of the Department
  156         of Education with respect to linkage institutes
  157         between postsecondary institutions in this state and
  158         foreign countries; repealing s. 288.853(5), F.S.,
  159         relating to the requirement for a report on assistance
  160         to and commerce with Cuba; amending s. 288.95155,
  161         F.S.; revising requirements for a report by Enterprise
  162         Florida, Inc., on the Florida Small Business
  163         Technology Growth Program; amending s. 288.9604, F.S.;
  164         deleting a requirement for a report by the Florida
  165         Development Finance Corporation; amending s. 288.9610,
  166         F.S.; revising provisions relating to annual reporting
  167         by the corporation; amending s. 292.05, F.S.; revising
  168         requirements relating to a report by the Department of
  169         Veterans’ Affairs; repealing ss. 296.16 and 296.39,
  170         F.S., relating to reports by the executive director of
  171         the Department of Veterans’ Affairs; repealing s.
  172         315.03(12)(c), F.S., relating to legislative review of
  173         a loan program of the Florida Seaport Transportation
  174         and Economic Development Council; amending s. 319.324,
  175         F.S.; deleting provisions relating to funding a report
  176         on odometer fraud prevention and detection; repealing
  177         s. 322.181, F.S., relating to a study by the
  178         Department of Highway Safety and Motor Vehicles on
  179         driving by the elderly; repealing s. 322.251(7)(c),
  180         F.S., relating to a plan to indemnify persons wanted
  181         for passing worthless bank checks; amending s.
  182         373.0391, F.S.; deleting provisions relating to
  183         provision of certain information by water management
  184         districts; amending s. 373.046, F.S.; deleting an
  185         obsolete provision requiring a report by the Secretary
  186         of Environmental Protection; repealing s. 376.121(14),
  187         F.S., relating to a report by the Department of
  188         Environmental Protection on damage to natural
  189         resources; repealing s. 376.17, F.S., relating to
  190         reports of the department to the Legislature;
  191         repealing s. 376.30713(5), F.S., relating to a report
  192         on preapproved advanced cleanup; amending s. 379.2211,
  193         F.S.; revising provisions relating to a report by the
  194         Fish and Wildlife Conservation Commission on waterfowl
  195         permit revenues; amending s. 379.2212, F.S.; revising
  196         provisions relating to a report by the commission on
  197         wild turkey permit revenues; repealing s. 379.2523(8),
  198         F.S., relating to duties of the Fish and Wildlife
  199         Conservation Commission concerning an aquaculture
  200         plan; amending s. 380.06, F.S.; deleting provisions on
  201         transmission of revisions relating to statewide
  202         guidelines and standards for developments of regional
  203         impact; repealing s. 380.0677(3), F.S., relating to
  204         powers of the Green Swamp Land Authority; repealing s.
  205         381.0011(3), F.S., relating to an inclusion in the
  206         Department of Health’s strategic plan; repealing s.
  207         381.0036, F.S., relating to planning for
  208         implementation of educational requirements concerning
  209         HIV and AIDS; repealing s. 381.731, F.S., relating to
  210         strategic planning of the Department of Health;
  211         amending s. 381.795, F.S.; deleting provisions
  212         relating to studies by the Department of Health on
  213         long-term, community-based supports; amending s.
  214         381.931, F.S.; deleting provisions relating to the
  215         duty of the Department of Health to develop a report
  216         on Medicaid expenditures; amending s. 383.19, F.S.;
  217         revising provisions relating to reports by hospitals
  218         contracting to provide perinatal intensive care
  219         services; repealing s. 383.21, F.S., relating to
  220         reviews of perinatal intensive care service programs;
  221         amending s. 383.2161, F.S.; revising requirements
  222         relating to a report by the Department of Health on
  223         maternal and child health; repealing s. 394.4573(4),
  224         F.S., relating to the requirement for a report by the
  225         Department of Children and Family Services on staffing
  226         state mental health facilities; amending s. 394.4985,
  227         F.S.; deleting provisions relating to plans by
  228         department districts; repealing s. 394.82, F.S.,
  229         relating to the funding of expanded community mental
  230         health services; repealing s. 394.9082(9), F.S.,
  231         relating to reports on contracting with behavioral
  232         health management entities; repealing s. 394.9083,
  233         F.S., relating to the Behavioral Health Services
  234         Integration Workgroup; repealing s. 395.807(2)(c),
  235         F.S., relating to requirements for a report on the
  236         retention of family practice residents; repealing s.
  237         397.332(3), F.S., relating to the requirement for a
  238         report by the director of the Office of Drug Control;
  239         repealing s. 397.94(1), F.S., relating to children’s
  240         substance abuse services plans by service districts of
  241         the Department of Children and Family Services;
  242         repealing s. 400.148(2), F.S., relating to a pilot
  243         program of the Agency for Health Care Administration
  244         for a quality-of-care contract management program;
  245         amending s. 400.967, F.S.; deleting provisions
  246         relating to a report by the Agency for Health Care
  247         Administration on intermediate care facilities for
  248         developmentally disabled persons; repealing s.
  249         402.3016(3), F.S., relating to the requirement for a
  250         report by the agency on Early Head Start collaboration
  251         grants; repealing s. 402.40(9), F.S., relating to
  252         submission to the Legislature of certain information
  253         related to child welfare training; amending s.
  254         403.4131, F.S.; deleting provisions relating to a
  255         report on the adopt-a-highway program; repealing s.
  256         406.02(4)(a), F.S., relating to the requirement for a
  257         report by the Medical Examiners Commission; amending
  258         s. 408.033, F.S.; revising provisions relating to
  259         reports by local health councils; repealing s.
  260         408.914(4), F.S., relating to the requirement of the
  261         Agency for Health Care Administration to submit to the
  262         Governor a plan on the comprehensive health and human
  263         services eligibility access system; repealing s.
  264         408.915(3)(i), F.S., relating to the requirement for
  265         periodic reports on the pilot program for such access;
  266         repealing s. 408.917, F.S., relating to an evaluation
  267         of the pilot project; amending s. 409.1451, F.S.;
  268         revising requirements relating to reports on
  269         independent living transition services; repealing s.
  270         409.152, F.S., relating to service integration and
  271         family preservation; repealing s. 409.1679(1) and (2),
  272         F.S., relating to reports concerning residential group
  273         care services; amending s. 409.1685, F.S.; revising
  274         provisions relating to reports by the Department of
  275         Children and Family Services on children in foster
  276         care; repealing s. 409.221(4)(k), F.S., relating to
  277         reports on consumer-directed care; amending s.
  278         409.25575, F.S.; deleting provisions relating to a
  279         report by the Department of Revenue regarding a
  280         quality assurance program for privatization of
  281         services; amending s. 409.2558, F.S.; deleting
  282         provisions relating to the Department of Revenue’s
  283         solicitation of recommendations related to a rule on
  284         undistributable collections; repealing s. 409.441(3),
  285         F.S., relating to the state plan for the handling of
  286         runaway youths; amending s. 409.906, F.S.; deleting a
  287         requirement for reports of child-welfare-targeted case
  288         management projects; amending s. 409.912, F.S.;
  289         revising provisions relating to duties of the agency
  290         with respect to cost-effective purchasing of health
  291         care; repealing s. 410.0245, F.S., relating to a study
  292         of service needs of the disabled adult population;
  293         repealing s. 410.604(10), F.S., relating to a
  294         requirement for the Department of Children and Family
  295         Services to evaluate the community care for disabled
  296         adults program; amending s. 411.0102, F.S.; deleting
  297         provisions relating to use of child care purchasing
  298         pool funds; repealing s. 411.221, F.S., relating to
  299         prevention and early assistance; repealing s. 411.242,
  300         F.S., relating to the Florida Education Now and Babies
  301         Later program; amending s. 414.14, F.S.; deleting a
  302         provision relating to a report by the Secretary of
  303         Children and Family Services on public assistance
  304         policy simplification; repealing s. 414.36(1), F.S.,
  305         relating to a plan for privatization of recovery of
  306         public assistance overpayment claims; repealing s.
  307         414.391(3), F.S., relating to a plan for automated
  308         fingerprint imaging; amending s. 415.1045, F.S.;
  309         deleting a requirement for a study by the Office of
  310         Program Policy Analysis and Government Accountability
  311         on documentation of exploitation, abuse, or neglect;
  312         amending s. 420.622, F.S.; revising requirements
  313         relating to a report by the State Council on
  314         Homelessness; repealing s. 420.623(4), F.S., relating
  315         to the requirement of a report by the Department of
  316         Community Affairs on homelessness; amending s.
  317         427.704, F.S.; revising requirements relating to a
  318         report by the Public Service Commission on a
  319         telecommunications access system; amending s. 427.706,
  320         F.S.; revising requirements relating to a report by
  321         the advisory committee on telecommunications access;
  322         amending s. 429.07, F.S.; deleting provisions relating
  323         to a report by the Department of Elderly Affairs on
  324         extended congregate care facilities; amending s.
  325         429.41, F.S.; deleting provisions relating to a report
  326         concerning standards for assisted living facilities;
  327         amending s. 430.04, F.S.; revising duties of the
  328         Department of Elderly Affairs with respect to certain
  329         reports and recommendations; amending s. 430.502,
  330         F.S.; revising requirements with respect to reports by
  331         the Alzheimer’s Disease Advisory Committee; amending
  332         s. 445.006, F.S.; deleting provisions relating to a
  333         strategic plan for workforce development; repealing s.
  334         455.2226(8), F.S., relating to the requirement of a
  335         report by the Board of Funeral Directors and
  336         Embalmers; repealing s. 455.2228(6), F.S., relating to
  337         the requirement of reports by the Barbers’ Board and
  338         the Board of Cosmetology; amending s. 456.005, F.S.;
  339         revising requirements relating to long-range planning
  340         by professional boards; amending s. 456.025, F.S.;
  341         revising requirements relating to a report to
  342         professional boards by the Department of Health;
  343         repealing s. 456.034(6), F.S., relating to reports by
  344         professional boards about HIV and AIDS; amending s.
  345         517.302, F.S.; deleting a requirement for a report by
  346         the Office of Financial Regulation on deposits into
  347         the Anti-Fraud Trust Fund; repealing s. 531.415(3),
  348         F.S., relating to the requirement of a report by the
  349         Department of Agriculture and Consumer Services on
  350         fees; repealing s. 570.0705(3), F.S., relating to the
  351         requirement of a report by the Commissioner of
  352         Agriculture concerning advisory committees; amending
  353         s. 570.0725, F.S.; requiring that the Department of
  354         Agriculture and Consumer Services submit an electronic
  355         report to the Legislature concerning support for food
  356         recovery programs; repealing s. 570.543(3), F.S.,
  357         relating to legislative recommendations of the Florida
  358         Consumers’ Council; amending s. 590.33, F.S.; deleting
  359         a reference to the Florida Commission on Interstate
  360         Cooperation to conform to changes made by the act;
  361         amending s. 603.204, F.S.; revising requirements
  362         relating to the South Florida Tropical Fruit Plan;
  363         amending s. 627.64872, F.S.; deleting provisions
  364         relating to an interim report by the board of
  365         directors of the Florida Health Insurance Plan;
  366         prohibiting the board from acting to implement the
  367         plan until certain funds are appropriated; amending s.
  368         744.708, F.S.; revising provisions relating to audits
  369         of public guardian offices and to reports concerning
  370         those offices; amending s. 768.295, F.S.; revising
  371         duties of the Attorney General relating to reports
  372         concerning “SLAPP” lawsuits; amending s. 790.22, F.S.;
  373         deleting provisions relating to reports by the
  374         Department of Juvenile Justice concerning certain
  375         juvenile offenses that involve weapons; amending s.
  376         943.125, F.S.; deleting provisions relating to reports
  377         by the Florida Sheriffs Association and the Florida
  378         Police Chiefs Association concerning law enforcement
  379         agency accreditation; amending s. 943.68, F.S.;
  380         revising requirements relating to reports by the
  381         Department of Law Enforcement concerning
  382         transportation and protective services; amending s.
  383         944.801, F.S.; deleting a requirement to deliver to
  384         specified officials copies of certain reports
  385         concerning education of state prisoners; repealing s.
  386         945.35(10), F.S., relating to the requirement of a
  387         report by the Department of Corrections concerning HIV
  388         and AIDS education; repealing s. 958.045(9), F.S.,
  389         relating to a report by the department concerning
  390         youthful offenders; amending s. 960.045, F.S.;
  391         revising requirements relating to reports by the
  392         Department of Legal Affairs with respect to victims of
  393         crimes; repealing s. 985.02(8)(c), F.S., relating to
  394         the requirement of a study by the Office of Program
  395         Policy Analysis and Government Accountability on
  396         programs for young females within the Department of
  397         Juvenile Justice; amending s. 985.047, F.S.; deleting
  398         provisions relating to a plan by a multiagency task
  399         force on information systems related to delinquency;
  400         amending s. 985.47, F.S.; deleting provisions relating
  401         to a report on serious or habitual juvenile offenders;
  402         amending s. 985.483, F.S.; deleting provisions
  403         relating to a report on intensive residential
  404         treatment for offenders younger than 13 years of age;
  405         repealing s. 985.61(5), F.S., relating to a report by
  406         the Department of Juvenile Justice on early
  407         delinquency intervention; amending s. 985.622, F.S.;
  408         deleting provisions relating to submission of the
  409         multiagency plan for vocational education; repealing
  410         s. 985.632(7), F.S., relating to a report by the
  411         Department of Juvenile Justice on funding incentives
  412         and disincentives; repealing s. 1002.34(19), F.S.,
  413         relating to an evaluation and report by the
  414         Commissioner of Education concerning charter technical
  415         career centers; repealing s. 1003.61(4), F.S.,
  416         relating to evaluation of a pilot attendance project
  417         in Manatee County; amending s. 1004.22, F.S.; deleting
  418         provisions relating to university reports concerning
  419         sponsored research; repealing s. 1004.50(6), F.S.,
  420         relating to the requirement of a report by the
  421         Governor concerning unmet needs in urban communities;
  422         repealing s. 1004.94(2) and (4), F.S., relating to
  423         guidelines for and a report on plans for a state adult
  424         literacy program; amending s. 1004.95, F.S.; revising
  425         requirements relating to implementing provisions for
  426         adult literacy centers; repealing s. 1006.0605, F.S.,
  427         relating to students’ summer nutrition; repealing s.
  428         1006.67, F.S., relating to a report of campus crime
  429         statistics; amending s. 1009.70, F.S.; deleting
  430         provisions relating to a report on a minority law
  431         school scholarship program; amending s. 1011.32, F.S.;
  432         requiring the Governor to be given a copy of a report
  433         related to the Community College Facility Enhancement
  434         Challenge Grant Program; amending s. 1011.62, F.S.;
  435         deleting provisions relating to recommendations for
  436         implementing the extended-school-year program;
  437         repealing s. 1012.05(2)(l), F.S., relating to a plan
  438         concerning teacher recruitment and retention; amending
  439         s. 1012.42, F.S.; deleting provisions relating to a
  440         plan of assistance for teachers teaching out-of-field;
  441         amending s. 1013.11, F.S.; deleting provisions
  442         relating to transmittal of a report on physical plant
  443         safety; amending ss. 161.142, 163.065, 163.2511,
  444         163.2514, 163.3202, 259.041, 259.101, 369.305,
  445         379.2431, 381.732, 381.733, 411.01, 411.232, and
  446         445.006, F.S., conforming cross-references to changes
  447         made by the act; amending s. 1001.42, F.S.; deleting
  448         provisions that require each district school board to
  449         reduce paperwork and data collection and report its
  450         findings and potential solutions on reducing burdens
  451         associated with such collection; amending s. 1008.31,
  452         F.S.; requiring that the Commissioner of Education
  453         monitor and review the collection of paperwork, data,
  454         and reports by school districts; requiring that the
  455         commissioner complete an annual review of such
  456         collection by a specified date each year; requiring
  457         that the commissioner prepare a report, by a specified
  458         date each year, assisting the school districts with
  459         eliminating or consolidating paperwork, data, and
  460         reports by providing suggestions, technical
  461         assistance, and guidance; providing an effective date.
  462  
  463  Be It Enacted by the Legislature of the State of Florida:
  464  
  465         Section 1. Section 13.01, Florida Statutes, is repealed.
  466         Section 2. Section 13.02, Florida Statutes, is repealed.
  467         Section 3. Section 13.03, Florida Statutes, is repealed.
  468         Section 4. Section 13.04, Florida Statutes, is repealed.
  469         Section 5. Section 13.05, Florida Statutes, is repealed.
  470         Section 6. Section 13.06, Florida Statutes, is repealed.
  471         Section 7. Section 13.07, Florida Statutes, is repealed.
  472         Section 8. Section 13.08, Florida Statutes, is repealed.
  473         Section 9. Section 13.09, Florida Statutes, is repealed.
  474         Section 10. Section 13.10, Florida Statutes, is transferred
  475  and renumbered as section 14.35, Florida Statutes.
  476         Section 11. Section 13.90, Florida Statutes, is repealed.
  477         Section 12. Section 13.91, Florida Statutes, is repealed.
  478         Section 13. Section 13.92, Florida Statutes, is repealed.
  479         Section 14. Section 13.93, Florida Statutes, is repealed.
  480         Section 15. Section 13.94, Florida Statutes, is repealed.
  481         Section 16. Section 13.95, Florida Statutes, is repealed.
  482         Section 17. Section 13.96, Florida Statutes, is repealed.
  483         Section 18. Section 13.97, Florida Statutes, is repealed.
  484         Section 19. Section 13.98, Florida Statutes, is repealed.
  485         Section 20. Section 13.99, Florida Statutes, is repealed.
  486         Section 21. Section 13.992, Florida Statutes, is repealed.
  487         Section 22. Section 13.993, Florida Statutes, is repealed.
  488         Section 23. Section 13.994, Florida Statutes, is repealed.
  489         Section 24. Section 13.995, Florida Statutes, is repealed.
  490         Section 25. Section 13.996, Florida Statutes, is repealed.
  491         Section 26. Section 14.25, Florida Statutes, is repealed.
  492         Section 27. Subsection (3) of section 14.26, Florida
  493  Statutes, is amended to read:
  494         14.26 Citizen’s Assistance Office.—
  495         (3) The Citizen’s Assistance Office shall report make
  496  quarterly reports to the Governor on, which shall include:
  497         (a) The number of complaints and investigations and
  498  complaints made during the preceding quarter and the disposition
  499  of such investigations.
  500         (b) Recommendations in the form of suggested legislation or
  501  suggested procedures for the alleviation of problems disclosed
  502  by investigations.
  503         (b)(c)A report including statistics which reflect The
  504  types of complaints made and an assessment as to the cause of
  505  the complaints.
  506         (c)Recommendations for the alleviation of the cause of
  507  complaints disclosed by investigations.
  508         (d) Such Other information as the Executive Office of the
  509  Governor shall require.
  510         Section 28. Section 14.27, Florida Statutes, is repealed.
  511         Section 29. Section 16.58, Florida Statutes, is repealed.
  512         Section 30. Subsection (1) of section 17.32, Florida
  513  Statutes, is amended to read:
  514         17.32 Annual report of trust funds; duties of Chief
  515  Financial Officer.—
  516         (1) On February 1 of each year, the Chief Financial Officer
  517  shall present to the Governor and the Legislature President of
  518  the Senate and the Speaker of the House of Representatives a
  519  report listing all trust funds as defined in s. 215.32. The
  520  report must shall contain the following data elements for each
  521  fund for the preceding fiscal year:
  522         (a) The fund code.
  523         (b) The title.
  524         (c) The fund type according to generally accepted
  525  accounting principles.
  526         (d) The statutory authority.
  527         (e) The beginning cash balance.
  528         (f) Direct revenues.
  529         (g) Nonoperating revenues.
  530         (h) Operating disbursements.
  531         (i) Nonoperating disbursements.
  532         (j) The ending cash balance.
  533         (k) The department and budget entity in which the fund is
  534  located.
  535         Section 31. Subsection (1) of section 17.325, Florida
  536  Statutes, is amended to read:
  537         17.325 Governmental efficiency hotline; duties of Chief
  538  Financial Officer.—
  539         (1) The Chief Financial Officer shall establish and operate
  540  a statewide toll-free telephone hotline to receive information
  541  or suggestions from the residents citizens of this state on how
  542  to improve the operation of government, increase governmental
  543  efficiency, and eliminate waste in government. The Chief
  544  Financial Officer shall report each month to the appropriations
  545  committee of the House of Representatives and of the Senate the
  546  information or suggestions received through the hotline and the
  547  evaluations and determinations made by the affected agency, as
  548  provided in subsection (3), with respect to such information or
  549  suggestions.
  550         Section 32. Section 20.057, Florida Statutes, is amended to
  551  read:
  552         20.057 Interagency agreements to delete duplication of
  553  inspections.—
  554         (1) The Governor shall direct any department, the head of
  555  which is an officer or board appointed by and serving at the
  556  pleasure of the Governor, to enter into an interagency agreement
  557  to that will eliminate duplication of inspections among the
  558  departments that inspect the same type of facility or structure.
  559  Parties to the agreement may include departments which are
  560  headed by a Cabinet officer, the Governor and Cabinet, or a
  561  collegial body. The agreement shall:
  562         (a) Authorize agents of one department to conduct
  563  inspections required to be performed by another department.
  564         (b) Specify that agents of the department conducting the
  565  inspection have all powers relative to the inspection as the
  566  agents of the department on whose behalf the inspection is being
  567  conducted.
  568         (c) Require that agents of the department conducting the
  569  inspection have sufficient knowledge of statutory and
  570  administrative inspection requirements to conduct a proper
  571  inspection.
  572         (d) Specify that the departments entering which have
  573  entered into the agreement may not neither charge or nor accept
  574  any funds with respect to duties performed under the agreement
  575  which are in excess of the direct costs of conducting the such
  576  inspections.
  577         (2) Before taking effect, an agreement entered into under
  578  this section must be approved by the Governor. Inspections
  579  conducted under an agreement are shall be deemed sufficient for
  580  enforcement purposes pursuant to the agreement or as otherwise
  581  provided by law.
  582         (2) No later than 60 days prior to the beginning of the
  583  regular session, the Governor shall make an annual report to the
  584  President of the Senate and the Speaker of the House of
  585  Representatives regarding interagency agreements. The report
  586  shall identify each interagency agreement entered into under
  587  this section, and, for each agreement, shall describe the
  588  duplication eliminated, provide data that measures the
  589  effectiveness of inspections conducted under the interagency
  590  agreement, and estimate the cost savings that have resulted from
  591  the agreement. The report shall also describe obstacles
  592  encountered by any department in attempting to develop an
  593  interagency agreement and in performing duties resulting from an
  594  interagency agreement and shall recommend appropriate remedial
  595  legislative action.
  596         Section 33. Paragraphs (e), (f), and (g) of subsection (4)
  597  of section 20.316, Florida Statutes, are repealed.
  598         Section 34. Paragraph (l) of subsection (1) of section
  599  20.43, Florida Statutes, is amended to read:
  600         20.43 Department of Health.—There is created a Department
  601  of Health.
  602         (1) The purpose of the Department of Health is to promote
  603  and protect the health of all residents and visitors in the
  604  state through organized state and community efforts, including
  605  cooperative agreements with counties. The department shall:
  606         (l) Include in its long-range program the department’s
  607  strategic plan developed under s. 186.021 an assessment of
  608  current health programs, systems, and costs; projections of
  609  future problems and opportunities; and recommended changes that
  610  are needed in the health care system to improve the public
  611  health.
  612         Section 35. Paragraph (h) of subsection (2) of section
  613  39.4086, Florida Statutes, is amended to read:
  614         39.4086 Pilot program for attorneys ad litem for dependent
  615  children.—
  616         (2) RESPONSIBILITIES.—
  617         (h) The Office of the State Courts Administrator shall
  618  conduct research and gather statistical information to evaluate
  619  the establishment, operation, and impact of the pilot program in
  620  meeting the legal needs of dependent children. In assessing the
  621  effects of the pilot program, including achievement of outcomes
  622  identified under paragraph (b), the evaluation must include a
  623  comparison of children within the Ninth Judicial Circuit who are
  624  appointed an attorney ad litem with those who are not. The
  625  office shall submit a report to the Legislature and the Governor
  626  by October 1, 2001, and by October 1, 2002, regarding its
  627  findings. The office shall submit a final report by October 1,
  628  2003, which must include an evaluation of the pilot program;
  629  findings on the feasibility of a statewide program; and
  630  recommendations, if any, for locating, establishing, and
  631  operating a statewide program.
  632         Section 36. Subsections (1) and (3) of section 98.255,
  633  Florida Statutes, are amended to read:
  634         98.255 Voter education programs.—
  635         (1) By March 1, 2002, The Department of State shall adopt
  636  rules prescribing minimum standards for nonpartisan voter
  637  education. In developing the rules, the department shall review
  638  current voter education programs within each county of the
  639  state. The standards shall, at a minimum, address, but are not
  640  limited to, the following subjects:
  641         (a) Voter registration;
  642         (b) Balloting procedures, absentee and polling place;
  643         (c) Voter rights and responsibilities;
  644         (d) Distribution of sample ballots; and
  645         (e) Public service announcements.
  646         (3)(a) By December 15 of each general election year, each
  647  supervisor of elections shall report to the Department of State
  648  a detailed description of the voter education programs
  649  implemented and any other information that may be useful in
  650  evaluating the effectiveness of voter education efforts.
  651         (b) The Department of State, upon receipt of such
  652  information, shall prepare a public report on the effectiveness
  653  of voter education programs and shall submit the report to the
  654  Governor, the President of the Senate, and the Speaker of the
  655  House of Representatives by January 31 of each year following a
  656  general election.
  657         (c) The department of State shall reexamine the rules
  658  adopted pursuant to subsection (1) and use consider the findings
  659  in these reports the report as a basis for modifying the
  660  adopting modified rules to that incorporate successful voter
  661  education programs and techniques, as necessary.
  662         Section 37. Paragraph (a) of subsection (7) of section
  663  110.1227, Florida Statutes, is amended to read:
  664         110.1227 Florida Employee Long-Term-Care Plan Act.—
  665         (7) The board of directors of the Florida Long-Term-Care
  666  Plan shall:
  667         (a) Upon implementation, prepare an annual report of the
  668  plan, with the assistance of an actuarial consultant, to be
  669  submitted to the Speaker of the House of Representatives, the
  670  President of the Senate, the Governor, and the Legislature the
  671  Minority Leaders of the Senate and the House of Representatives.
  672         Section 38. Subsection (9) of section 120.542, Florida
  673  Statutes, is amended to read:
  674         120.542 Variances and waivers.—
  675         (9) Each agency shall maintain a record of the type and
  676  disposition of each petition, including temporary or emergency
  677  variances and waivers, filed pursuant to this section. On
  678  October 1 of each year, each agency shall file a report with the
  679  Governor, the President of the Senate, and the Speaker of the
  680  House of Representatives listing the number of petitions filed
  681  requesting variances to each agency rule, the number of
  682  petitions filed requesting waivers to each agency rule, and the
  683  disposition of all petitions. Temporary or emergency variances
  684  and waivers, and the reasons for granting or denying temporary
  685  or emergency variances and waivers, shall be identified
  686  separately from other waivers and variances.
  687         Section 39. Section 153.952, Florida Statutes, is repealed.
  688         Section 40. Subsections (3) through (22) of section
  689  161.053, Florida Statutes, are amended to read:
  690         161.053 Coastal construction and excavation; regulation on
  691  county basis.—
  692         (3) It is the intent of the Legislature that any coastal
  693  construction control line that has not been updated since June
  694  30, 1980, shall be considered a critical priority for
  695  reestablishment by the department. In keeping with this intent,
  696  the department shall notify the Legislature if all such lines
  697  cannot be reestablished by December 31, 1997, so that the
  698  Legislature may subsequently consider interim lines of
  699  jurisdiction for the remaining counties.
  700         (3)(4)A Any coastal county or coastal municipality may
  701  establish coastal construction zoning and building codes in lieu
  702  of the provisions of this section if, provided such zones and
  703  codes are approved by the department as being adequate to
  704  preserve and protect the beaches and coastal barrier dunes
  705  adjacent to such beaches, which are under the jurisdiction of
  706  the department, from imprudent construction that will jeopardize
  707  the stability of the beach-dune system, accelerate erosion,
  708  provide inadequate protection to upland structures, endanger
  709  adjacent properties, or interfere with public beach access.
  710  Exceptions to locally established coastal construction zoning
  711  and building codes may shall not be granted unless previously
  712  approved by the department. It is The intent of this subsection
  713  is to provide for the local administration of established
  714  coastal construction control lines through approved zoning and
  715  building codes if where desired by local interests and where
  716  such local interests have, in the judgment of the department,
  717  sufficient funds and personnel to adequately administer the
  718  program. Should the department determine at any time that the
  719  program is inadequately administered, the department may shall
  720  have authority to revoke the authority granted to the county or
  721  municipality.
  722         (4)(5) Except in those areas where local zoning and
  723  building codes have been established pursuant to subsection (3)
  724  (4), a permit to alter, excavate, or construct on property
  725  seaward of established coastal construction control lines may be
  726  granted by the department as follows:
  727         (a) The department may authorize an excavation or erection
  728  of a structure at any coastal location as described in
  729  subsection (1) upon receipt of an application from a property or
  730  and/or riparian owner and upon the consideration of facts and
  731  circumstances, including:
  732         1. Adequate engineering data concerning shoreline stability
  733  and storm tides related to shoreline topography;
  734         2. Design features of the proposed structures or
  735  activities; and
  736         3. Potential effects impacts of the location of the such
  737  structures or activities, including potential cumulative effects
  738  of any proposed structures or activities upon the such beach
  739  dune system, which, in the opinion of the department, clearly
  740  justify such a permit.
  741         (b) If in the immediate contiguous or adjacent area a
  742  number of existing structures have established a reasonably
  743  continuous and uniform construction line closer to the line of
  744  mean high water than the foregoing, and if the existing
  745  structures have not been unduly affected by erosion, a proposed
  746  structure may, at the discretion of the department, be permitted
  747  along such line on written authorization from the department if
  748  the such structure is also approved by the department. However,
  749  the department may shall not contravene setback requirements or
  750  zoning or building codes established by a county or municipality
  751  which are equal to, or more strict than, the those requirements
  752  provided in this subsection herein. This paragraph does not
  753  prohibit the department from requiring structures to meet design
  754  and siting criteria established in paragraph (a) or in
  755  subsection (1) or subsection (2).
  756         (c) The department may condition the nature, timing, and
  757  sequence of construction of permitted activities to provide
  758  protection to nesting sea turtles and hatchlings and their
  759  habitat, pursuant to s. 379.2431, and to native salt-resistant
  760  vegetation and endangered plant communities.
  761         (d) The department may require such engineer certifications
  762  as necessary to ensure assure the adequacy of the design and
  763  construction of permitted projects.
  764         (e) The department shall limit the construction of
  765  structures that which interfere with public access along the
  766  beach. However, the department may require, as a condition of to
  767  granting permits, the provision of alternative access if when
  768  interference with public access along the beach is unavoidable.
  769  The width of the such alternate access may not be required to
  770  exceed the width of the access that will be obstructed as a
  771  result of the permit being granted.
  772         (f) The department may, as a condition of to the granting
  773  of a permit under this section, require mitigation, financial,
  774  or other assurances acceptable to the department as may be
  775  necessary to ensure assure performance of conditions of a permit
  776  or enter into contractual agreements to best assure compliance
  777  with any permit conditions. The department may also require
  778  notice of the permit conditions required and the contractual
  779  agreements entered into pursuant to the provisions of this
  780  subsection to be filed in the public records of the county in
  781  which the permitted activity is located.
  782         (5)(6)(a) As used in this subsection, the term:
  783         1. “Frontal dune” means the first natural or manmade mound
  784  or bluff of sand which is located landward of the beach and
  785  which has sufficient vegetation, height, continuity, and
  786  configuration to offer protective value.
  787         2. “Seasonal high-water line” means the line formed by the
  788  intersection of the rising shore and the elevation of 150
  789  percent of the local mean tidal range above local mean high
  790  water.
  791         (b) After October 1, 1985, and notwithstanding any other
  792  provision of this part, the department, or a local government to
  793  which the department has delegated permitting authority pursuant
  794  to subsections (3) (4) and (15) (16), may shall not issue a any
  795  permit for any structure, other than a coastal or shore
  796  protection structure, minor structure, or pier, meeting the
  797  requirements of this part, or other than intake and discharge
  798  structures for a facility sited pursuant to part II of chapter
  799  403, which is proposed for a location that which, based on the
  800  department’s projections of erosion in the area, will be seaward
  801  of the seasonal high-water line within 30 years after the date
  802  of application for the such permit. The procedures for
  803  determining such erosion shall be established by rule. In
  804  determining the area that which will be seaward of the seasonal
  805  high-water line in 30 years, the department may shall not
  806  include any areas landward of a coastal construction control
  807  line.
  808         (c) If Where the application of paragraph (b) would
  809  preclude the construction of a structure, the department may
  810  issue a permit for a single-family dwelling for the parcel if so
  811  long as:
  812         1. The parcel for which the single-family dwelling is
  813  proposed was platted or subdivided by metes and bounds before
  814  the effective date of this section;
  815         2. The owner of the parcel for which the single-family
  816  dwelling is proposed does not own another parcel immediately
  817  adjacent to and landward of the parcel for which the dwelling is
  818  proposed;
  819         3. The proposed single-family dwelling is located landward
  820  of the frontal dune structure; and
  821         4. The proposed single-family dwelling will be as far
  822  landward on its parcel as is practicable without being located
  823  seaward of or on the frontal dune.
  824         (d) In determining the land areas that which will be below
  825  the seasonal high-water line within 30 years after the permit
  826  application date, the department shall consider the effect
  827  impact on the erosion rates of an existing beach nourishment or
  828  restoration project or of a beach nourishment or restoration
  829  project for which all funding arrangements have been made and
  830  all permits have been issued at the time the application is
  831  submitted. The department shall consider each year there is sand
  832  seaward of the erosion control line whether that no erosion took
  833  place that year. However, the seaward extent of the beach
  834  nourishment or restoration project beyond the erosion control
  835  line may shall not be considered in determining the applicable
  836  erosion rates. Nothing in This subsection does not shall
  837  prohibit the department from requiring structures to meet the
  838  criteria established in subsection (1), subsection (2), or
  839  subsection (4) (5) or to be further landward than required by
  840  this subsection based on the criteria established in subsection
  841  (1), subsection (2), or subsection (4) (5).
  842         (e) The department shall annually report to the Legislature
  843  the status of this program, including any changes to the
  844  previously adopted procedures for determining erosion
  845  projections.
  846         (6)(7) Any coastal structure erected, or excavation
  847  created, in violation of the provisions of this section is
  848  hereby declared to be a public nuisance; and such structure
  849  shall be forthwith removed or such excavation shall be forthwith
  850  refilled after written notice by the department directing such
  851  removal or filling. If In the event the structure is not removed
  852  or the excavation refilled within a reasonable time as directed,
  853  the department may remove such structure or fill such excavation
  854  at its own expense; and the costs thereof shall become a lien on
  855  upon the property of the upland owner upon which the such
  856  unauthorized structure or excavation is located.
  857         (7)(8) Any person, firm, corporation, or agent thereof who
  858  violates this section commits is guilty of a misdemeanor of the
  859  first degree, punishable as provided in s. 775.082 or s.
  860  775.083,; except that a person driving a any vehicle on, over,
  861  or across a any sand dune and damaging or causing to be damaged
  862  such sand dune or the vegetation growing thereon in violation of
  863  this section commits is guilty of a misdemeanor of the second
  864  degree, punishable as provided in s. 775.082 or s. 775.083. A
  865  person, firm, corporation, or agent thereof commits shall be
  866  deemed guilty of a separate offense for each day during any
  867  portion of which a any violation of this section is committed or
  868  continued.
  869         (8)(9)The provisions of This section does do not apply to
  870  structures intended for shore protection purposes which are
  871  regulated by s. 161.041 or to structures existing or under
  872  construction before prior to the establishment of the coastal
  873  construction control line if the as provided herein, provided
  874  such structures are may not be materially altered except as
  875  provided in subsection (4) (5). Except for structures that have
  876  been materially altered, structures determined to be under
  877  construction at the time of the establishment or reestablishment
  878  of the coastal construction control line are shall be exempt
  879  from the provisions of this section. However, unless such an
  880  exemption has been judicially confirmed to exist before prior to
  881  April 10, 1992, the exemption shall last only for a period of 3
  882  years from either the date of the determination of the exemption
  883  or April 10, 1992, whichever occurs later. The department may
  884  extend the exemption period for structures that require longer
  885  periods for completion if of their construction, provided that
  886  construction during the initial exemption period is has been
  887  continuous. For purposes of this subsection, the term
  888  “continuous” means following a reasonable sequence of
  889  construction without significant or unreasonable periods of work
  890  stoppage.
  891         (9)(10) The department may by regulation exempt
  892  specifically described portions of the coastline from the
  893  provisions of this section if, when in its judgment, such
  894  portions of coastline because of their nature are not subject to
  895  erosion of a substantially damaging effect to the public.
  896         (10)(11) Pending the establishment of coastal construction
  897  control lines as provided herein, the provisions of s. 161.052
  898  shall remain in force. However, upon the establishment of
  899  coastal construction control lines, or the establishment of
  900  coastal construction zoning and building codes as provided in
  901  subsection (3) (4), the provisions of s. 161.052 shall be
  902  superseded by the provisions of this section.
  903         (11)(12)(a) The coastal construction control requirements
  904  defined in subsection (1) and the requirements of the erosion
  905  projections in pursuant to subsection (5) (6) do not apply to
  906  any modification, maintenance, or repair of to any existing
  907  structure within the limits of the existing foundation which
  908  does not require, involve, or include any additions to, or
  909  repair or modification of, the existing foundation of that
  910  structure. Specifically excluded from this exemption are
  911  seawalls or other rigid coastal or shore protection structures
  912  and any additions or enclosures added, constructed, or installed
  913  below the first dwelling floor or lowest deck of the existing
  914  structure.
  915         (b) Activities seaward of the coastal construction control
  916  line which are determined by the department not to cause a
  917  measurable interference with the natural functioning of the
  918  coastal system are exempt from the requirements of in subsection
  919  (4) (5).
  920         (c) The department may establish exemptions from the
  921  requirements of this section for minor activities determined by
  922  the department not to have an adverse effect impacts on the
  923  coastal system. Examples of such activities include, but are not
  924  limited to:
  925         1. Boat moorings;
  926         2. Maintenance of existing beach-dune beach/dune
  927  vegetation;
  928         3. The burial of seaweed, dead fish, whales, or other
  929  marine animals on the unvegetated beach;
  930         4. The removal of piers or other derelict structures from
  931  the unvegetated beach or seaward of mean high water;
  932         5. Temporary emergency vehicular access, if the affected
  933  provided any impacted area is immediately restored;
  934         6. The removal of any existing structures or debris from
  935  the upland, if provided there is no excavation or disturbance to
  936  the existing topography or to beach-dune beach/dune vegetation;
  937         7. Construction of a any new roof overhang extending no
  938  more than 4 feet beyond the confines of the existing foundation
  939  during modification, renovation, or reconstruction of a
  940  habitable structure within the confines of the existing
  941  foundation of that structure which does not include any
  942  additions to or modification of the existing foundation of that
  943  structure;
  944         8. Minor and temporary excavation for the purpose of
  945  repairs to existing subgrade residential service utilities
  946  (e.g., water and sewer lines, septic tanks and drainfields,
  947  electrical and telephone cables, and gas lines), if provided
  948  that there is minimal disturbance and the that grade is restored
  949  with fill compatible in both coloration and grain size to the
  950  onsite material and any damaged or destroyed vegetation is
  951  restored using similar vegetation; and
  952         9. Any other minor construction that has an effect with
  953  impacts similar to the above activities.
  954         (12)(13)(a) Notwithstanding the coastal construction
  955  control requirements defined in subsection (1) or the erosion
  956  projection determined pursuant to subsection (5) (6), the
  957  department may, at its discretion, issue a permit for the repair
  958  or rebuilding within the confines of the original foundation of
  959  a major structure pursuant to the provisions of subsection (4)
  960  (5). Alternatively, the department may also, at its discretion,
  961  issue a permit for a more landward relocation or rebuilding of a
  962  damaged or existing structure if such relocation or rebuilding
  963  would not cause further harm to the beach-dune system, and if,
  964  in the case of rebuilding, the such rebuilding complies with the
  965  provisions of subsection (4) (5), and otherwise complies with
  966  the provisions of this subsection.
  967         (b) Under no circumstances shall The department may not
  968  permit such repairs or rebuilding that expands expand the
  969  capacity of the original structure seaward of the 30-year
  970  erosion projection established pursuant to subsection (5) (6).
  971         (c) In reviewing applications for relocation or rebuilding,
  972  the department shall specifically consider changes in shoreline
  973  conditions, the availability of other relocation or rebuilding
  974  options, and the design adequacy of the project sought to be
  975  rebuilt.
  976         (d) Permits issued under this subsection are shall not be
  977  considered precedential as to the issuance of subsequent
  978  permits.
  979         (13)(14) Concurrent with the establishment of a coastal
  980  construction control line and the ongoing administration of this
  981  chapter, the secretary of the department shall make
  982  recommendations to the Board of Trustees of the Internal
  983  Improvement Trust Fund concerning the purchase of the fee or any
  984  lesser interest in any lands seaward of the control line
  985  pursuant to the state’s Save Our Coast, Conservation and
  986  Recreation Lands, or Outdoor Recreation Land acquisition
  987  programs; and, with respect to those control lines established
  988  pursuant to this section before prior to June 14, 1978, the
  989  secretary may make such recommendations.
  990         (14)(15) A coastal county or municipality fronting on the
  991  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
  992  shall advise the department within 5 days after receipt of any
  993  permit application for construction or other activities proposed
  994  to be located seaward of the line established by the department
  995  pursuant to the provisions of this section. Within 5 days after
  996  receipt of such application, the county or municipality shall
  997  notify the applicant of the requirements for state permits.
  998         (15)(16) In keeping with the intent of subsection (3) (4),
  999  and at the discretion of the department, authority for
 1000  permitting certain types of activities that which have been
 1001  defined by the department may be delegated by the department to
 1002  a coastal county or coastal municipality. Such partial
 1003  delegation shall be narrowly construed to those particular
 1004  activities specifically named in the delegation and agreed to by
 1005  the affected county or municipality., and The delegation may be
 1006  revoked by the department at any time if it is determined that
 1007  the delegation is improperly or inadequately administered.
 1008         (16)(17) The department may, at the request of a property
 1009  owner, contract with the such property owner for an agreement,
 1010  or modify an existing contractual agreement regulating
 1011  development activities landward of a coastal construction
 1012  control line, if provided that nothing within the contractual
 1013  agreement is consistent shall be inconsistent with the design
 1014  and siting provisions of this section. In no case shall The
 1015  contractual agreement may not bind either party for a period
 1016  longer than 5 years following from its date of execution. Before
 1017  Prior to beginning a any construction activity covered by the
 1018  agreement, the property owner must shall obtain the necessary
 1019  authorization required by the agreement. The agreement may shall
 1020  not authorize construction for:
 1021         (a) Major habitable structures that which would require
 1022  construction beyond the expiration of the agreement, unless such
 1023  construction is above the completed foundation; or
 1024         (b) Nonhabitable major structures or minor structures,
 1025  unless such construction is was authorized at the same time as
 1026  the habitable major structure.
 1027         (17)(18) The department may is authorized to grant areawide
 1028  permits to local governments, other governmental agencies, and
 1029  utility companies for special classes of activities in areas
 1030  under their general jurisdiction or responsibility if, so long
 1031  as these activities, due to the type, size, or temporary nature
 1032  of the activity, will not cause measurable interference with the
 1033  natural functioning of the beach-dune beach dune system or with
 1034  marine turtles or their nesting sites. Such activities shall
 1035  include, but are not be limited to: road repairs, not including
 1036  new construction; utility repairs and replacements, or other
 1037  minor activities necessary to provide utility services; beach
 1038  cleaning; and emergency response. The department may adopt rules
 1039  to establish criteria and guidelines for use by permit
 1040  applicants. The department must shall require notice provisions
 1041  appropriate to the type and nature of the activities for which
 1042  the areawide permits are sought.
 1043         (18)(19) The department may is authorized to grant general
 1044  permits for projects, including dune walkovers, decks, fences,
 1045  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1046  repairs, and other nonhabitable structures, if the so long as
 1047  these projects, due to the type, size, or temporary nature of
 1048  the project, will not cause a measurable interference with the
 1049  natural functioning of the beach-dune beach dune system or with
 1050  marine turtles or their nesting sites. In no event shall
 1051  Multifamily habitable structures do not qualify for general
 1052  permits. However, single-family habitable structures that which
 1053  do not advance the line of existing construction and satisfy all
 1054  siting and design requirements of this section may be eligible
 1055  for a general permit pursuant to this subsection. The department
 1056  may adopt rules to establish criteria and guidelines for use by
 1057  permit applicants.
 1058         (a) Persons wishing to use the general permits must set
 1059  forth in this subsection shall, at least 30 days before
 1060  beginning any work, notify the department in writing on forms
 1061  adopted by the department. The notice must shall include a
 1062  description of the proposed project and supporting documents
 1063  depicting the proposed project, its location, and other
 1064  pertinent information as required by rule, to demonstrate that
 1065  the proposed project qualifies for the requested general permit.
 1066  Persons who undertake projects without proof of notice to the
 1067  department, but whose projects would otherwise qualify for
 1068  general permits, shall be considered to have as being undertaken
 1069  a project without a permit and are shall be subject to
 1070  enforcement pursuant to s. 161.121.
 1071         (b) Persons wishing to use a general permit must provide
 1072  notice as required by the applicable local building code where
 1073  the project will be located. If a building code requires no
 1074  notice, any person wishing to use a general permit must, at a
 1075  minimum, post a sign describing the project on the property at
 1076  least 5 days before commencing prior to the commencement of
 1077  construction. The a sign must be at least no smaller than 88
 1078  square inches, with letters no smaller than one-quarter inch,
 1079  describing the project.
 1080         (19)(20)(a) The department may suspend or revoke the use of
 1081  a general or areawide permit for good cause, including:
 1082  submission of false or inaccurate information in the
 1083  notification for use of a general or areawide permit; violation
 1084  of law, department orders, or rules relating to permit
 1085  conditions; deviation from the specified activity or project
 1086  indicated or the conditions for undertaking the activity or
 1087  project; refusal of lawful inspection; or any other act by on
 1088  the permittee permittee’s part in using the general or areawide
 1089  permit which results or may result in harm or injury to human
 1090  health or welfare, or which causes harm or injury to animal,
 1091  plant, or aquatic life or to property.
 1092         (b) The department shall have access to the permitted
 1093  activity or project at reasonable times to inspect and determine
 1094  compliance with the permit and department rules.
 1095         (20)(21) The department may is authorized to adopt rules
 1096  related to the following provisions of this section:
 1097  establishment of coastal construction control lines; activities
 1098  seaward of the coastal construction control line; exemptions;
 1099  property owner agreements; delegation of the program; permitting
 1100  programs; and violations and penalties.
 1101         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1102  the effective date of the Florida Building Code, the provisions
 1103  of this section which pertain to and govern the design,
 1104  construction, erection, alteration, modification, repair, and
 1105  demolition of public and private buildings, structures, and
 1106  facilities shall be incorporated into the Florida Building Code.
 1107  The Florida Building Commission may shall have the authority to
 1108  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1109  administer implement those provisions. This subsection does not
 1110  limit or abrogate the right and authority of the department to
 1111  require permits or to adopt and enforce environmental standards,
 1112  including, but not limited to, standards for ensuring the
 1113  protection of the beach-dune system, proposed or existing
 1114  structures, adjacent properties, marine turtles, native salt
 1115  resistant vegetation, endangered plant communities, and the
 1116  preservation of public beach access.
 1117         Section 41. Subsection (2) of section 161.161, Florida
 1118  Statutes, is amended to read:
 1119         161.161 Procedure for approval of projects.—
 1120         (2) Annually Upon approval of the beach management plan,
 1121  the secretary shall present to the Legislature President of the
 1122  Senate, the Speaker of the House of Representatives, and the
 1123  chairs of the legislative appropriations committees
 1124  recommendations for funding of beach erosion control projects
 1125  prioritized according to the. Such recommendations shall be
 1126  presented to such members of the Legislature in the priority
 1127  order specified in the plan and established pursuant to criteria
 1128  established contained in s. 161.101(14).
 1129         Section 42. Section 163.2526, Florida Statutes, is
 1130  repealed.
 1131         Section 43. Subsection (2) of section 163.3167, Florida
 1132  Statutes, is amended to read:
 1133         163.3167 Scope of act.—
 1134         (2) Each local government shall prepare a comprehensive
 1135  plan of the type and in the manner set out in this part act or
 1136  shall prepare amendments to its existing comprehensive plan to
 1137  conform it to the requirements of this part and in the manner
 1138  set out in this part. Each local government, In accordance with
 1139  the procedures in s. 163.3184, each local government shall
 1140  submit to the state land planning agency its complete proposed
 1141  comprehensive plan or its complete comprehensive plan as
 1142  proposed to be amended to the state land planning agency by the
 1143  date specified in the rule adopted by the state land planning
 1144  agency pursuant to this subsection. The state land planning
 1145  agency shall, prior to October 1, 1987, adopt a schedule of
 1146  local governments required to submit complete proposed
 1147  comprehensive plans or comprehensive plans as proposed to be
 1148  amended. Such schedule shall specify the exact date of
 1149  submission for each local government, shall establish equal,
 1150  staggered submission dates, and shall be consistent with the
 1151  following time periods:
 1152         (a) Beginning on July 1, 1988, and on or before July 1,
 1153  1990, each county that is required to include a coastal
 1154  management element in its comprehensive plan and each
 1155  municipality in such a county; and
 1156         (b) Beginning on July 1, 1989, and on or before July 1,
 1157  1991, all other counties or municipalities.
 1158  
 1159  Nothing herein shall preclude the state land planning agency
 1160  from permitting by rule a county together with each municipality
 1161  in the county from submitting a proposed comprehensive plan
 1162  earlier than the dates established in paragraphs (a) and (b).
 1163  Any county or municipality that fails to meet the schedule set
 1164  for submission of its proposed comprehensive plan by more than
 1165  90 days shall be subject to the sanctions described in s.
 1166  163.3184(11)(a) imposed by the Administration Commission.
 1167  Notwithstanding the time periods established in this subsection,
 1168  the state land planning agency may establish later deadlines for
 1169  the submission of proposed comprehensive plans or comprehensive
 1170  plans as proposed to be amended for a county or municipality
 1171  which has all or a part of a designated area of critical state
 1172  concern within its boundaries; however, such deadlines shall not
 1173  be extended to a date later than July 1, 1991, or the time of
 1174  de-designation, whichever is earlier.
 1175         Section 44. Paragraph (h) of subsection (6) and paragraph
 1176  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1177  are amended to read:
 1178         163.3177 Required and optional elements of comprehensive
 1179  plan; studies and surveys.—
 1180         (6) In addition to the requirements of subsections (1)-(5)
 1181  and (12), the comprehensive plan shall include the following
 1182  elements:
 1183         (h)1. An intergovernmental coordination element showing
 1184  relationships and stating principles and guidelines to be used
 1185  in coordinating the accomplishment of coordination of the
 1186  adopted comprehensive plan with the plans of school boards,
 1187  regional water supply authorities, and other units of local
 1188  government providing services but not having regulatory
 1189  authority over the use of land, with the comprehensive plans of
 1190  adjacent municipalities, the county, adjacent counties, or the
 1191  region, with the state comprehensive plan and with the
 1192  applicable regional water supply plan approved pursuant to s.
 1193  373.0361, as the case may require and as such adopted plans or
 1194  plans in preparation may exist. This element of the local
 1195  comprehensive plan must shall demonstrate consideration of the
 1196  particular effects of the local plan, when adopted, upon the
 1197  development of adjacent municipalities, the county, adjacent
 1198  counties, or the region, or upon the state comprehensive plan,
 1199  as the case may require.
 1200         a. The intergovernmental coordination element must shall
 1201  provide procedures for identifying and implementing to identify
 1202  and implement joint planning areas, especially for the purpose
 1203  of annexation, municipal incorporation, and joint infrastructure
 1204  service areas.
 1205         b. The intergovernmental coordination element must shall
 1206  provide for recognition of campus master plans prepared pursuant
 1207  to s. 1013.30 and airport master plans under paragraph (k).
 1208         c. The intergovernmental coordination element shall provide
 1209  for a dispute resolution process, as established pursuant to s.
 1210  186.509, for bringing to closure in a timely manner
 1211  intergovernmental disputes to closure in a timely manner.
 1212         d. The intergovernmental coordination element shall provide
 1213  for interlocal agreements as established pursuant to s.
 1214  333.03(1)(b).
 1215         2. The intergovernmental coordination element shall also
 1216  further state principles and guidelines to be used in
 1217  coordinating the accomplishment of coordination of the adopted
 1218  comprehensive plan with the plans of school boards and other
 1219  units of local government providing facilities and services but
 1220  not having regulatory authority over the use of land. In
 1221  addition, the intergovernmental coordination element must shall
 1222  describe joint processes for collaborative planning and
 1223  decisionmaking on population projections and public school
 1224  siting, the location and extension of public facilities subject
 1225  to concurrency, and siting facilities with countywide
 1226  significance, including locally unwanted land uses whose nature
 1227  and identity are established in an agreement. Within 1 year
 1228  after of adopting their intergovernmental coordination elements,
 1229  each county, all the municipalities within that county, the
 1230  district school board, and any unit of local government service
 1231  providers in that county shall establish by interlocal or other
 1232  formal agreement executed by all affected entities, the joint
 1233  processes described in this subparagraph consistent with their
 1234  adopted intergovernmental coordination elements.
 1235         3. To foster coordination between special districts and
 1236  local general-purpose governments as local general-purpose
 1237  governments implement local comprehensive plans, each
 1238  independent special district must submit a public facilities
 1239  report to the appropriate local government as required by s.
 1240  189.415.
 1241         4.a. Local governments shall execute an interlocal
 1242  agreement with the district school board, the county, and
 1243  nonexempt municipalities pursuant to s. 163.31777. The local
 1244  government shall amend the intergovernmental coordination
 1245  element to ensure provide that coordination between the local
 1246  government and school board is pursuant to the agreement and
 1247  shall state the obligations of the local government under the
 1248  agreement.
 1249         b. Plan amendments that comply with this subparagraph are
 1250  exempt from the provisions of s. 163.3187(1).
 1251         5. The state land planning agency shall establish a
 1252  schedule for phased completion and transmittal of plan
 1253  amendments to implement subparagraphs 1., 2., and 3. from all
 1254  jurisdictions so as to accomplish their adoption by December 31,
 1255  1999. A local government may complete and transmit its plan
 1256  amendments to carry out these provisions prior to the scheduled
 1257  date established by the state land planning agency. The plan
 1258  amendments are exempt from the provisions of s. 163.3187(1).
 1259         5.6. By January 1, 2004, any county having a population
 1260  greater than 100,000, and the municipalities and special
 1261  districts within that county, shall submit a report to the
 1262  Department of Community Affairs which identifies:
 1263         a. Identifies All existing or proposed interlocal service
 1264  delivery agreements relating to regarding the following:
 1265  education; sanitary sewer; public safety; solid waste; drainage;
 1266  potable water; parks and recreation; and transportation
 1267  facilities.
 1268         b. Identifies Any deficits or duplication in the provision
 1269  of services within its jurisdiction, whether capital or
 1270  operational. Upon request, the Department of Community Affairs
 1271  shall provide technical assistance to the local governments in
 1272  identifying deficits or duplication.
 1273         6.7. Within 6 months after submission of the report, the
 1274  Department of Community Affairs shall, through the appropriate
 1275  regional planning council, coordinate a meeting of all local
 1276  governments within the regional planning area to discuss the
 1277  reports and potential strategies to remedy any identified
 1278  deficiencies or duplications.
 1279         7.8. Each local government shall update its
 1280  intergovernmental coordination element based upon the findings
 1281  in the report submitted pursuant to subparagraph 5. 6. The
 1282  report may be used as supporting data and analysis for the
 1283  intergovernmental coordination element.
 1284         (10) The Legislature recognizes the importance and
 1285  significance of chapter 9J-5, Florida Administrative Code, the
 1286  Minimum Criteria for Review of Local Government Comprehensive
 1287  Plans and Determination of Compliance of the Department of
 1288  Community Affairs that will be used to determine compliance of
 1289  local comprehensive plans. The Legislature reserved unto itself
 1290  the right to review chapter 9J-5, Florida Administrative Code,
 1291  and to reject, modify, or take no action relative to this rule.
 1292  Therefore, pursuant to subsection (9), the Legislature hereby
 1293  has reviewed chapter 9J-5, Florida Administrative Code, and
 1294  expresses the following legislative intent:
 1295         (k) In order for So that local governments are able to
 1296  prepare and adopt comprehensive plans with knowledge of the
 1297  rules that are will be applied to determine consistency of the
 1298  plans with provisions of this part, it is the intent of the
 1299  Legislature that there should be no doubt as to the legal
 1300  standing of chapter 9J-5, Florida Administrative Code, at the
 1301  close of the 1986 legislative session. Therefore, the
 1302  Legislature declares that changes made to chapter 9J-5 before,
 1303  Florida Administrative Code, prior to October 1, 1986, are shall
 1304  not be subject to rule challenges under s. 120.56(2), or to
 1305  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1306  9J-5, Florida Administrative Code, as amended, is shall be
 1307  subject to rule challenges under s. 120.56(3), as nothing herein
 1308  indicates shall be construed to indicate approval or disapproval
 1309  of any portion of chapter 9J-5, Florida Administrative Code, not
 1310  specifically addressed herein. No challenge pursuant to s.
 1311  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1312  Any amendments to chapter 9J-5, Florida Administrative Code,
 1313  exclusive of the amendments adopted prior to October 1, 1986,
 1314  pursuant to this act, shall be subject to the full chapter 120
 1315  process. All amendments shall have effective dates as provided
 1316  in chapter 120 and submission to the President of the Senate and
 1317  Speaker of the House of Representatives shall not be required.
 1318         Section 45. Subsection (6) of section 163.3178, Florida
 1319  Statutes, is amended to read:
 1320         163.3178 Coastal management.—
 1321         (6) Local governments are encouraged to adopt countywide
 1322  marina siting plans to designate sites for existing and future
 1323  marinas. The Coastal Resources Interagency Management Committee,
 1324  at the direction of the Legislature, shall identify incentives
 1325  to encourage local governments to adopt such siting plans and
 1326  uniform criteria and standards to be used by local governments
 1327  to implement state goals, objectives, and policies relating to
 1328  marina siting. These criteria must ensure that priority is given
 1329  to water-dependent land uses. The Coastal Resources Interagency
 1330  Management Committee shall submit its recommendations regarding
 1331  local government incentives to the Legislature by December 1,
 1332  1993. Countywide marina siting plans must be consistent with
 1333  state and regional environmental planning policies and
 1334  standards. Each local government in the coastal area which
 1335  participates in the adoption of a countywide marina siting plan
 1336  shall incorporate the plan into the coastal management element
 1337  of its local comprehensive plan.
 1338         Section 46. Subsection (12) of section 163.519, Florida
 1339  Statutes, is repealed.
 1340         Section 47. Subsection (9) of section 186.007, Florida
 1341  Statutes, is repealed.
 1342         Section 48. Subsection (5) of section 189.4035, Florida
 1343  Statutes, is amended to read:
 1344         189.4035 Preparation of official list of special
 1345  districts.—
 1346         (5) The official list of special districts shall be
 1347  available on the department’s website distributed by the
 1348  department on October 1 of each year to the President of the
 1349  Senate, the Speaker of the House of Representatives, the Auditor
 1350  General, the Department of Revenue, the Department of Financial
 1351  Services, the Department of Management Services, the State Board
 1352  of Administration, counties, municipalities, county property
 1353  appraisers, tax collectors, and supervisors of elections and to
 1354  all interested parties who request the list.
 1355         Section 49. Subsection (2) of section 189.412, Florida
 1356  Statutes, is amended to read:
 1357         189.412 Special District Information Program; duties and
 1358  responsibilities.—The Special District Information Program of
 1359  the Department of Community Affairs is created and has the
 1360  following special duties:
 1361         (2) The maintenance of a master list of independent and
 1362  dependent special districts which shall be available on the
 1363  department’s website annually updated and distributed to the
 1364  appropriate officials in state and local governments.
 1365         Section 50. Paragraph (b) of subsection (1) of section
 1366  206.606, Florida Statutes, is amended to read:
 1367         206.606 Distribution of certain proceeds.—
 1368         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1369  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1370  Fund. Such moneys, after deducting the service charges imposed
 1371  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1372  administrative costs incurred by the department in collecting,
 1373  administering, enforcing, and distributing the tax, which
 1374  administrative costs may not exceed 2 percent of collections,
 1375  shall be distributed monthly to the State Transportation Trust
 1376  Fund, except that:
 1377         (b) Annually, $2.5 million shall be transferred to the
 1378  State Game Trust Fund in the Fish and Wildlife Conservation
 1379  Commission in each fiscal year and used for recreational boating
 1380  activities, and freshwater fisheries management and research.
 1381  The transfers must be made in equal monthly amounts beginning on
 1382  July 1 of each fiscal year. The commission shall annually
 1383  determine where unmet needs exist for boating-related
 1384  activities, and may fund such activities in counties where, due
 1385  to the number of vessel registrations, sufficient financial
 1386  resources are unavailable.
 1387         1. A minimum of $1.25 million shall be used to fund local
 1388  projects to provide recreational channel marking and other
 1389  uniform waterway markers, public boat ramps, lifts, and hoists,
 1390  marine railways, and other public launching facilities, derelict
 1391  vessel removal, and other local boating-related activities. In
 1392  funding the projects, the commission shall give priority
 1393  consideration to as follows:
 1394         a. Unmet needs in counties having with populations of
 1395  100,000 or fewer less.
 1396         b. Unmet needs in coastal counties having with a high level
 1397  of boating-related activities from individuals residing in other
 1398  counties.
 1399         2. The remaining $1.25 million may be used for recreational
 1400  boating activities and freshwater fisheries management and
 1401  research.
 1402         3. The commission may is authorized to adopt rules pursuant
 1403  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1404  Boating Improvement Program.
 1405  
 1406  On February 1 of each year, The commission shall prepare and
 1407  make available on its Internet website file an annual report
 1408  with the President of the Senate and the Speaker of the House of
 1409  Representatives outlining the status of its Florida Boating
 1410  Improvement Program, including the projects funded, and a list
 1411  of counties whose needs are unmet due to insufficient financial
 1412  resources from vessel registration fees.
 1413         Section 51. Paragraph (b) of subsection (4) of section
 1414  212.054, Florida Statutes, is amended to read:
 1415         212.054 Discretionary sales surtax; limitations,
 1416  administration, and collection.—
 1417         (4)
 1418         (b) The proceeds of a discretionary sales surtax collected
 1419  by the selling dealer located in a county imposing which imposes
 1420  the surtax shall be returned, less the cost of administration,
 1421  to the county where the selling dealer is located. The proceeds
 1422  shall be transferred to the Discretionary Sales Surtax Clearing
 1423  Trust Fund. A separate account shall be established in the such
 1424  trust fund for each county imposing a discretionary surtax. The
 1425  amount deducted for the costs of administration may shall not
 1426  exceed 3 percent of the total revenue generated for all counties
 1427  levying a surtax authorized in s. 212.055. The amount deducted
 1428  for the costs of administration may shall be used only for those
 1429  costs that which are solely and directly attributable to the
 1430  surtax. The total cost of administration shall be prorated among
 1431  those counties levying the surtax on the basis of the amount
 1432  collected for a particular county to the total amount collected
 1433  for all counties. No later than March 1 of each year, the
 1434  department shall submit a written report which details the
 1435  expenses and amounts deducted for the costs of administration to
 1436  the President of the Senate, the Speaker of the House of
 1437  Representatives, and the governing authority of each county
 1438  levying a surtax. The department shall distribute the moneys in
 1439  the trust fund each month to the appropriate counties each
 1440  month, unless otherwise provided in s. 212.055.
 1441         Section 52. Paragraph (j) of subsection (5) of section
 1442  212.08, Florida Statutes, is amended to read:
 1443         212.08 Sales, rental, use, consumption, distribution, and
 1444  storage tax; specified exemptions.—The sale at retail, the
 1445  rental, the use, the consumption, the distribution, and the
 1446  storage to be used or consumed in this state of the following
 1447  are hereby specifically exempt from the tax imposed by this
 1448  chapter.
 1449         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1450         (j) Machinery and equipment used in semiconductor, defense,
 1451  or space technology production.—
 1452         1.a. Industrial machinery and equipment used in
 1453  semiconductor technology facilities certified under subparagraph
 1454  5. to manufacture, process, compound, or produce semiconductor
 1455  technology products for sale or for use by these facilities are
 1456  exempt from the tax imposed by this chapter. For purposes of
 1457  this paragraph, industrial machinery and equipment includes
 1458  molds, dies, machine tooling, other appurtenances or accessories
 1459  to machinery and equipment, testing equipment, test beds,
 1460  computers, and software, whether purchased or self-fabricated,
 1461  and, if self-fabricated, includes materials and labor for
 1462  design, fabrication, and assembly.
 1463         b. Industrial machinery and equipment used in defense or
 1464  space technology facilities certified under subparagraph 5. to
 1465  design, manufacture, assemble, process, compound, or produce
 1466  defense technology products or space technology products for
 1467  sale or for use by these facilities are exempt from the tax
 1468  imposed by this chapter.
 1469         2. Building materials purchased for use in manufacturing or
 1470  expanding clean rooms in semiconductor-manufacturing facilities
 1471  are exempt from the tax imposed by this chapter.
 1472         3. In addition to meeting the criteria mandated by
 1473  subparagraph 1. or subparagraph 2., a business must be certified
 1474  by the Office of Tourism, Trade, and Economic Development as
 1475  authorized in this paragraph in order to qualify for exemption
 1476  under this paragraph.
 1477         4. For items purchased tax-exempt pursuant to this
 1478  paragraph, possession of a written certification from the
 1479  purchaser, certifying the purchaser’s entitlement to the
 1480  exemption pursuant to this paragraph, relieves the seller of the
 1481  responsibility of collecting the tax on the sale of such items,
 1482  and the department shall look solely to the purchaser for
 1483  recovery of the tax if it determines that the purchaser was not
 1484  entitled to the exemption.
 1485         5.a. To be eligible to receive the exemption provided by
 1486  subparagraph 1. or subparagraph 2., a qualifying business entity
 1487  shall apply initially apply to Enterprise Florida, Inc. The
 1488  original certification is shall be valid for a period of 2
 1489  years. In lieu of submitting a new application, the original
 1490  certification may be renewed biennially by submitting to the
 1491  Office of Tourism, Trade, and Economic Development a statement,
 1492  certified under oath, that there has been no material change in
 1493  the conditions or circumstances entitling the business entity to
 1494  the original certification. The initial application and the
 1495  certification renewal statement shall be developed by the Office
 1496  of Tourism, Trade, and Economic Development in consultation with
 1497  Enterprise Florida, Inc.
 1498         b. Enterprise Florida, Inc., shall review each submitted
 1499  initial application and information and determine whether or not
 1500  the application is complete within 5 working days. Once an
 1501  application is complete, Enterprise Florida, Inc., shall, within
 1502  10 working days, evaluate the application and recommend approval
 1503  or disapproval of the application to the Office of Tourism,
 1504  Trade, and Economic Development.
 1505         c. Upon receipt of the initial application and
 1506  recommendation from Enterprise Florida, Inc., or upon receipt of
 1507  a certification renewal statement, the Office of Tourism, Trade,
 1508  and Economic Development shall certify within 5 working days
 1509  those applicants who are found to meet the requirements of this
 1510  section and notify the applicant, Enterprise Florida, Inc., and
 1511  the department of the original certification or certification
 1512  renewal. If the Office of Tourism, Trade, and Economic
 1513  Development finds that the applicant does not meet the
 1514  requirements of this section, it shall notify the applicant and
 1515  Enterprise Florida, Inc., within 10 working days that the
 1516  application for certification has been denied and the reasons
 1517  for denial. The Office of Tourism, Trade, and Economic
 1518  Development has final approval authority for certification under
 1519  this section.
 1520         d. The initial application and certification renewal
 1521  statement must indicate, for program evaluation purposes only,
 1522  the average number of full-time equivalent employees at the
 1523  facility over the preceding calendar year, the average wage and
 1524  benefits paid to those employees over the preceding calendar
 1525  year, the total investment made in real and tangible personal
 1526  property over the preceding calendar year, and the total value
 1527  of tax-exempt purchases and taxes exempted during the previous
 1528  year. The department shall assist the Office of Tourism, Trade,
 1529  and Economic Development in evaluating and verifying information
 1530  provided in the application for exemption.
 1531         e. The Office of Tourism, Trade, and Economic Development
 1532  may use the information reported on the initial application and
 1533  certification renewal statement for evaluation purposes only and
 1534  shall prepare an annual report on the exemption program and its
 1535  cost and impact. The annual report for the preceding fiscal year
 1536  shall be submitted to the Governor, the President of the Senate,
 1537  and the Speaker of the House of Representatives by September 30
 1538  of each fiscal year.
 1539         6. A business certified to receive this exemption may elect
 1540  to designate one or more state universities or community
 1541  colleges as recipients of up to 100 percent of the amount of the
 1542  exemption for which they may qualify. To receive these funds,
 1543  the institution must agree to match the funds so earned with
 1544  equivalent cash, programs, services, or other in-kind support on
 1545  a one-to-one basis for in the pursuit of research and
 1546  development projects as requested by the certified business. The
 1547  rights to any patents, royalties, or real or intellectual
 1548  property must be vested in the business unless otherwise agreed
 1549  to by the business and the university or community college.
 1550         7. As used in this paragraph, the term:
 1551         a. “Semiconductor technology products” means raw
 1552  semiconductor wafers or semiconductor thin films that are
 1553  transformed into semiconductor memory or logic wafers, including
 1554  wafers containing mixed memory and logic circuits; related
 1555  assembly and test operations; active-matrix flat panel displays;
 1556  semiconductor chips; semiconductor lasers; optoelectronic
 1557  elements; and related semiconductor technology products as
 1558  determined by the Office of Tourism, Trade, and Economic
 1559  Development.
 1560         b. “Clean rooms” means manufacturing facilities enclosed in
 1561  a manner that meets the clean manufacturing requirements
 1562  necessary for high-technology semiconductor-manufacturing
 1563  environments.
 1564         c. “Defense technology products” means products that have a
 1565  military application, including, but not limited to, weapons,
 1566  weapons systems, guidance systems, surveillance systems,
 1567  communications or information systems, munitions, aircraft,
 1568  vessels, or boats, or components thereof, which are intended for
 1569  military use and manufactured in performance of a contract with
 1570  the United States Department of Defense or the military branch
 1571  of a recognized foreign government or a subcontract thereunder
 1572  which relates to matters of national defense.
 1573         d. “Space technology products” means products that are
 1574  specifically designed or manufactured for application in space
 1575  activities, including, but not limited to, space launch
 1576  vehicles, space flight vehicles, missiles, satellites or
 1577  research payloads, avionics, and associated control systems and
 1578  processing systems and components of any of the foregoing. The
 1579  term does not include products that are designed or manufactured
 1580  for general commercial aviation or other uses even though those
 1581  products may also serve an incidental use in space applications.
 1582         Section 53. Section 213.0452, Florida Statutes, is
 1583  repealed.
 1584         Section 54. Section 213.054, Florida Statutes, is repealed.
 1585         Section 55. Subsection (3) of section 215.70, Florida
 1586  Statutes, is amended to read:
 1587         215.70 State Board of Administration to act in case of
 1588  defaults.—
 1589         (3) It shall be the duty of The State Board of
 1590  Administration shall to monitor the debt service accounts for
 1591  bonds issued pursuant to this act. The board shall advise the
 1592  Governor and Legislature of any projected need to appropriate
 1593  funds to honor the pledge of full faith and credit of the state.
 1594  The report must shall include the estimated amount of
 1595  appropriations needed, the estimated maximum amount of
 1596  appropriations needed, and a contingency appropriation request
 1597  for each bond issue.
 1598         Section 56. Paragraph (z) of subsection (1) of section
 1599  216.011, Florida Statutes, is amended to read:
 1600         216.011 Definitions.—
 1601         (1) For the purpose of fiscal affairs of the state,
 1602  appropriations acts, legislative budgets, and approved budgets,
 1603  each of the following terms has the meaning indicated:
 1604         (z) “Long-range program plan” means a plan developed
 1605  pursuant to s. 216.013 on an annual basis by each state agency
 1606  that is policy based, priority driven, accountable, and
 1607  developed through careful examination and justification of all
 1608  programs and their associated costs. Each plan is developed by
 1609  examining the needs of agency customers and clients and
 1610  proposing programs and associated costs to address those needs
 1611  based on state priorities as established by law, the agency
 1612  mission, and legislative authorization. The plan provides the
 1613  framework and context for preparing the legislative budget
 1614  request and includes performance indicators for evaluating the
 1615  impact of programs and agency performance.
 1616         Section 57. Paragraph (c) of subsection (10) of section
 1617  216.181, Florida Statutes, is repealed.
 1618         Section 58. Subsection (5) of section 252.55, Florida
 1619  Statutes, is amended to read:
 1620         252.55 Civil Air Patrol, Florida Wing.—
 1621         (5) The wing commander of the Florida Wing of the Civil Air
 1622  Patrol shall biennially furnish the Bureau of Emergency
 1623  Management a 2-year an annual projection of the goals and
 1624  objectives of the Civil Air Patrol which shall for the following
 1625  year. These will be reported to the Governor in the division’s
 1626  biennial annual report submitted pursuant to s. 252.35 of the
 1627  division on February 1 of each year.
 1628         Section 59. Subsection (1) of section 253.7825, Florida
 1629  Statutes, is amended to read:
 1630         253.7825 Recreational uses.—
 1631         (1) The Cross Florida Greenways State Recreation and
 1632  Conservation Area must be managed as a multiple-use area
 1633  pursuant to s. 253.034(2)(a), and as further provided in this
 1634  section herein. The University of Florida Management Plan
 1635  provides a conceptual recreational plan that may ultimately be
 1636  developed at various locations throughout the greenways
 1637  corridor. The plan proposes to locate a number of the larger,
 1638  more comprehensive and complex recreational facilities in
 1639  sensitive, natural resource areas. Future site-specific studies
 1640  and investigations must be conducted by the department to
 1641  determine compatibility with, and potential for adverse impact
 1642  to, existing natural resources, need for the facility, the
 1643  availability of other alternative locations with reduced adverse
 1644  impacts to existing natural resources, and the proper specific
 1645  sites and locations for the more comprehensive and complex
 1646  facilities. Furthermore, it is appropriate, with the approval of
 1647  the department, to allow more fishing docks, boat launches, and
 1648  other user-oriented facilities to be developed and maintained by
 1649  local governments.
 1650         Section 60. Section 253.7826, Florida Statutes, is
 1651  repealed.
 1652         Section 61. Section 253.7829, Florida Statutes, is
 1653  repealed.
 1654         Section 62. Subsection (4) of section 259.037, Florida
 1655  Statutes, is amended to read:
 1656         259.037 Land Management Uniform Accounting Council.—
 1657         (4) The council shall provide a report of the agencies’
 1658  expenditures pursuant to the adopted categories to the President
 1659  of the Senate and the Speaker of the House of Representatives
 1660  annually, beginning July 1, 2001. The council shall also provide
 1661  this report to the Acquisition and Restoration Council and the
 1662  division for inclusion in its annual report required pursuant to
 1663  s. 259.036.
 1664         Section 63. Subsection (4) of section 267.074, Florida
 1665  Statutes, is repealed.
 1666         Section 64. Subsection (3) of section 284.50, Florida
 1667  Statutes, is repealed.
 1668         Section 65. Subsection (11) of section 287.045, Florida
 1669  Statutes, is repealed.
 1670         Section 66. Subsection (7) of section 288.108, Florida
 1671  Statutes, is repealed.
 1672         Section 67. Section 288.1185, Florida Statutes, is
 1673  repealed.
 1674         Section 68. Paragraph (e) of subsection (8) of section
 1675  288.1229, Florida Statutes, is amended to read:
 1676         288.1229 Promotion and development of sports-related
 1677  industries and amateur athletics; direct-support organization;
 1678  powers and duties.—
 1679         (8) To promote amateur sports and physical fitness, the
 1680  direct-support organization shall:
 1681         (e) Promote Florida as a host for national and
 1682  international amateur athletic competitions. As part of this
 1683  effort, the direct-support organization shall:
 1684         1. Assist and support Florida cities or communities bidding
 1685  or seeking to host the Summer Olympics or Pan American Games.
 1686         2. Annually report to the Governor, the President of the
 1687  Senate, and the Speaker of the House of Representatives on the
 1688  status of the efforts of cities or communities bidding to host
 1689  the Summer Olympics or Pan American Games, including, but not
 1690  limited to, current financial and infrastructure status,
 1691  projected financial and infrastructure needs, and
 1692  recommendations for satisfying the unmet needs and fulfilling
 1693  the requirements for a successful bid in any year that the
 1694  Summer Olympics or Pan American Games are held in this state.
 1695         Section 69. Subsection (4) of section 288.7015, Florida
 1696  Statutes, is repealed.
 1697         Section 70. Section 288.7771, Florida Statutes, is amended
 1698  to read:
 1699         288.7771 Annual report of Florida Export Finance
 1700  Corporation.—By March 31 of each year, The corporation shall
 1701  annually prepare and submit to Enterprise Florida, Inc., for
 1702  inclusion in its annual report required by s. 288.095 the
 1703  Governor, the President of the Senate, the Speaker of the House
 1704  of Representatives, the Senate Minority Leader, and the House
 1705  Minority Leader a complete and detailed report setting forth:
 1706         (1) The report required in s. 288.776(3).
 1707         (2) Its assets and liabilities at the end of its most
 1708  recent fiscal year.
 1709         Section 71. Subsections (8), (10), and (11) of section
 1710  288.8175, Florida Statutes, are repealed.
 1711         Section 72. Subsection (5) of section 288.853, Florida
 1712  Statutes, is repealed.
 1713         Section 73. Subsection (5) of section 288.95155, Florida
 1714  Statutes, is amended to read:
 1715         288.95155 Florida Small Business Technology Growth
 1716  Program.—
 1717         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1718  shall prepare and include in its annual report required by s.
 1719  288.095 a report on the financial status of the program and the
 1720  account and shall submit a copy of the report to the board of
 1721  directors of Enterprise Florida, Inc., the appropriate
 1722  legislative committees responsible for economic development
 1723  oversight, and the appropriate legislative appropriations
 1724  subcommittees. The report must shall specify the assets and
 1725  liabilities of the program account within the current fiscal
 1726  year and must shall include a portfolio update that lists all of
 1727  the businesses assisted, the private dollars leveraged by each
 1728  business assisted, and the growth in sales and in employment of
 1729  each business assisted.
 1730         Section 74. Paragraph (c) of subsection (4) of section
 1731  288.9604, Florida Statutes, is amended to read:
 1732         288.9604 Creation of the authority.—
 1733         (4)
 1734         (c) The directors of the corporation shall annually elect
 1735  one of their members as chair and one as vice chair. The
 1736  corporation may employ a president, technical experts, and such
 1737  other agents and employees, permanent and temporary, as it
 1738  requires and determine their qualifications, duties, and
 1739  compensation. For such legal services as it requires, the
 1740  corporation may employ or retain its own counsel and legal
 1741  staff. The corporation shall file with the governing body of
 1742  each public agency with which it has entered into an interlocal
 1743  agreement and with the Governor, the Speaker of the House of
 1744  Representatives, the President of the Senate, the Minority
 1745  Leaders of the Senate and House of Representatives, and the
 1746  Auditor General, on or before 90 days after the close of the
 1747  fiscal year of the corporation, a report of its activities for
 1748  the preceding fiscal year, which report shall include a complete
 1749  financial statement setting forth its assets, liabilities,
 1750  income, and operating expenses as of the end of such fiscal
 1751  year.
 1752         Section 75. Section 288.9610, Florida Statutes, is amended
 1753  to read:
 1754         288.9610 Annual reports of Florida Development Finance
 1755  Corporation.—On or before 90 days after the close of By December
 1756  1 of each year, the Florida Development Finance Corporation’s
 1757  fiscal year, the corporation shall submit to the Governor, the
 1758  Legislature President of the Senate, the Speaker of the House of
 1759  Representatives, the Senate Minority Leader, the House Minority
 1760  Leader, the Auditor General, and the governing body of each
 1761  public entity with which it has entered into an interlocal
 1762  agreement city or county activating the Florida Development
 1763  Finance Corporation a complete and detailed report setting
 1764  forth:
 1765         (1) The results of any audit conducted pursuant to s. 11.45
 1766  evaluation required in s. 11.45(3)(j).
 1767         (2) The activities, operations, and accomplishments of the
 1768  Florida Development Finance Corporation, including the number of
 1769  businesses assisted by the corporation.
 1770         (3) Its assets, and liabilities, income, and operating
 1771  expenses at the end of its most recent fiscal year, including a
 1772  description of all of its outstanding revenue bonds.
 1773         Section 76. Subsection (6) of section 292.05, Florida
 1774  Statutes, is amended to read:
 1775         292.05 Duties of Department of Veterans’ Affairs.—
 1776         (6) The department shall, by on December 31 of each year,
 1777  submit make an annual written report to the Governor, the
 1778  Cabinet, and the Legislature which describes: of the state, the
 1779  Speaker of the House of Representatives, and the President of
 1780  the Senate, which report shall show
 1781         (a) The expenses incurred in veteran service work in the
 1782  state; the number, nature, and kind of cases handled by the
 1783  department and by county and city veteran service officers of
 1784  the state; the amounts of benefits obtained for veterans; the
 1785  names and addresses of all certified veteran service officers,
 1786  including county and city veteran service officers. The report
 1787  must shall also describe the actions taken by the department in
 1788  implementing subsections (4), (5), and (7) and include shall
 1789  contain such other information and recommendations as may appear
 1790  to the department requires to be right and proper.
 1791         (b)The current status of the department’s domiciliary and
 1792  nursing homes established pursuant to chapter 296, including all
 1793  receipts and expenditures, the condition of the homes, the
 1794  number of residents received and discharged during the preceding
 1795  year, occupancy rates, staffing, and any other information
 1796  necessary to provide an understanding of the management,
 1797  conduct, and operation of the homes.
 1798         Section 77. Section 296.16, Florida Statutes, is repealed.
 1799         Section 78. Section 296.39, Florida Statutes, is repealed.
 1800         Section 79. Paragraph (c) of subsection (12) of section
 1801  315.03, Florida Statutes, is repealed.
 1802         Section 80. Subsection (2) of section 319.324, Florida
 1803  Statutes, is amended to read:
 1804         319.324 Odometer fraud prevention and detection; funding.—
 1805         (2) Moneys deposited into the Highway Safety Operating
 1806  Trust Fund under this section shall be used to implement and
 1807  maintain efforts by the department to prevent and detect
 1808  odometer fraud, including the prompt investigation of alleged
 1809  instances of odometer mileage discrepancies reported by licensed
 1810  motor vehicle dealers, auctions, or purchasers of motor
 1811  vehicles. Such moneys shall also be used to fund an annual
 1812  report to the Legislature by the Department of Highway Safety
 1813  and Motor Vehicles, summarizing the department’s investigations
 1814  and findings. In addition, moneys deposited into the fund may be
 1815  used by the department for general operations.
 1816         Section 81. Section 322.181, Florida Statutes, is repealed.
 1817         Section 82. Paragraph (c) of subsection (7) of section
 1818  322.251, Florida Statutes, is repealed.
 1819         Section 83. Section 373.0391, Florida Statutes, is amended
 1820  to read:
 1821         373.0391 Technical assistance to local governments.—
 1822         (1) The water management districts shall assist local
 1823  governments in the development and future revision of local
 1824  government comprehensive plan elements or public facilities
 1825  report as required by s. 189.415, related to water resource
 1826  issues.
 1827         (2) By July 1, 1991, each water management district shall
 1828  prepare and provide information and data to assist local
 1829  governments in the preparation and implementation of their local
 1830  government comprehensive plans or public facilities report as
 1831  required by s. 189.415, whichever is applicable. Such
 1832  information and data shall include, but not be limited to:
 1833         (a) All information and data required in a public
 1834  facilities report pursuant to s. 189.415.
 1835         (b) A description of regulations, programs, and schedules
 1836  implemented by the district.
 1837         (c) Identification of regulations, programs, and schedules
 1838  undertaken or proposed by the district to further the State
 1839  Comprehensive Plan.
 1840         (d) A description of surface water basins, including
 1841  regulatory jurisdictions, flood-prone areas, existing and
 1842  projected water quality in water management district operated
 1843  facilities, as well as surface water runoff characteristics and
 1844  topography regarding flood plains, wetlands, and recharge areas.
 1845         (e) A description of groundwater characteristics, including
 1846  existing and planned wellfield sites, existing and anticipated
 1847  cones of influence, highly productive groundwater areas, aquifer
 1848  recharge areas, deep well injection zones, contaminated areas,
 1849  an assessment of regional water resource needs and sources for
 1850  the next 20 years, and water quality.
 1851         (f) The identification of existing and potential water
 1852  management district land acquisitions.
 1853         (g) Information reflecting the minimum flows for surface
 1854  watercourses to avoid harm to water resources or the ecosystem
 1855  and information reflecting the minimum water levels for aquifers
 1856  to avoid harm to water resources or the ecosystem.
 1857         Section 84. Subsection (4) of section 373.046, Florida
 1858  Statutes, is amended to read:
 1859         373.046 Interagency agreements.—
 1860         (4) The Legislature recognizes and affirms the division of
 1861  responsibilities between the department and the water management
 1862  districts as set forth in ss. III. and X. of each of the
 1863  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 1864  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 1865  operating agreement regarding individual permit oversight is
 1866  rescinded. The department is shall be responsible for permitting
 1867  those activities under part IV of this chapter which, because of
 1868  their complexity and magnitude, need to be economically and
 1869  efficiently evaluated at the state level, including, but not
 1870  limited to, mining, hazardous waste management facilities, and
 1871  solid waste management facilities that do not qualify for a
 1872  general permit under chapter 403. With regard to
 1873  postcertification information submittals for activities
 1874  authorized under chapters 341 and 403 siting act certifications,
 1875  the department, after consultation with the appropriate water
 1876  management district and other agencies having applicable
 1877  regulatory jurisdiction, shall determine be responsible for
 1878  determining the permittee’s compliance with conditions of
 1879  certification which are were based upon the nonprocedural
 1880  requirements of part IV of this chapter. The Legislature
 1881  authorizes The water management districts and the department may
 1882  to modify the division of responsibilities referenced in this
 1883  section and enter into further interagency agreements by
 1884  rulemaking, including incorporation by reference, pursuant to
 1885  chapter 120, to provide for greater efficiency and to avoid
 1886  duplication in the administration of part IV of this chapter by
 1887  designating certain activities that which will be regulated by
 1888  either the water management districts or the department. In
 1889  developing such interagency agreements, the water management
 1890  districts and the department shall consider should take into
 1891  consideration the technical and fiscal ability of each water
 1892  management district to implement all or some of the provisions
 1893  of part IV of this chapter. This subsection does not rescind or
 1894  restrict Nothing herein rescinds or restricts the authority of
 1895  the districts to regulate silviculture and agriculture pursuant
 1896  to part IV of this chapter or s. 403.927. By December 10, 1993,
 1897  the secretary of the department shall submit a report to the
 1898  President of the Senate and the Speaker of the House of
 1899  Representatives regarding the efficiency of the procedures and
 1900  the division of responsibilities contemplated by this subsection
 1901  and regarding progress toward the execution of further
 1902  interagency agreements and the integration of permitting with
 1903  sovereignty lands approval. The report also will consider the
 1904  feasibility of improving the protection of the environment
 1905  through comprehensive criteria for protection of natural
 1906  systems.
 1907         Section 85. Subsection (14) of section 376.121, Florida
 1908  Statutes, is repealed.
 1909         Section 86. Section 376.17, Florida Statutes, is repealed.
 1910         Section 87. Subsection (5) of section 376.30713, Florida
 1911  Statutes, is repealed.
 1912         Section 88. Subsection (2) of section 379.2211, Florida
 1913  Statutes, is amended to read:
 1914         379.2211 Florida waterfowl permit revenues.—
 1915         (2) The intent of this section is to expand waterfowl
 1916  research and management and increase waterfowl populations in
 1917  the state without detracting from other programs. The commission
 1918  shall prepare and make available on its Internet website an
 1919  annual report documenting the use of funds generated under the
 1920  provisions of this section, to be submitted to the Governor, the
 1921  Speaker of the House of Representatives, and the President of
 1922  the Senate on or before September 1 of each year.
 1923         Section 89. Subsection (2) of section 379.2212, Florida
 1924  Statutes, is amended to read:
 1925         379.2212 Florida wild turkey permit revenues.—
 1926         (2) The intent of this section is to expand wild turkey
 1927  research and management and to increase wild turkey populations
 1928  in the state without detracting from other programs. The
 1929  commission shall prepare and make available on its Internet
 1930  website an annual report documenting the use of funds generated
 1931  under the provisions of this section, to be submitted to the
 1932  Governor, the Speaker of the House of Representatives, and the
 1933  President of the Senate on or before September 1 of each year.
 1934         Section 90. Subsection (8) of section 379.2523, Florida
 1935  Statutes, is repealed.
 1936         Section 91. Paragraph (a) of subsection (2) of section
 1937  380.06, Florida Statutes, is amended to read:
 1938         380.06 Developments of regional impact.—
 1939         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1940         (a) The state land planning agency shall recommend to the
 1941  Administration Commission specific statewide guidelines and
 1942  standards for adoption pursuant to this subsection. The
 1943  Administration Commission shall by rule adopt statewide
 1944  guidelines and standards to be used in determining whether
 1945  particular developments shall undergo development-of-regional
 1946  impact review. The statewide guidelines and standards previously
 1947  adopted by the Administration Commission and approved by the
 1948  Legislature shall remain in effect unless revised pursuant to
 1949  this section or superseded by other provisions of law. Revisions
 1950  to the present statewide guidelines and standards, after
 1951  adoption by the Administration Commission, shall be transmitted
 1952  on or before March 1 to the President of the Senate and the
 1953  Speaker of the House of Representatives for presentation at the
 1954  next regular session of the Legislature. Unless approved by law
 1955  by the Legislature, the revisions to the present guidelines and
 1956  standards shall not become effective.
 1957         Section 92. Subsection (3) of section 380.0677, Florida
 1958  Statutes, is repealed.
 1959         Section 93. Subsection (3) of section 381.0011, Florida
 1960  Statutes, is repealed.
 1961         Section 94. Section 381.0036, Florida Statutes, is
 1962  repealed.
 1963         Section 95. Section 381.731, Florida Statutes, is repealed.
 1964         Section 96. Section 381.795, Florida Statutes, is amended
 1965  to read:
 1966         381.795 Long-term community-based supports.—The department
 1967  shall, contingent upon specific appropriations for these
 1968  purposes, establish:
 1969         (1) Study the long-term needs for community-based supports
 1970  and services for individuals who have sustained traumatic brain
 1971  or spinal cord injuries. The purpose of this study is to prevent
 1972  inappropriate residential and institutional placement of these
 1973  individuals, and promote placement in the most cost effective
 1974  and least restrictive environment. Any placement recommendations
 1975  for these individuals shall ensure full utilization of and
 1976  collaboration with other state agencies, programs, and community
 1977  partners. This study shall be submitted to the Governor, the
 1978  President of the Senate, and the Speaker of the House of
 1979  Representatives not later than December 31, 2000.
 1980         (2) Based upon the results of this study, establish a plan
 1981  for the implementation of a program of long-term community-based
 1982  supports and services for individuals who have sustained
 1983  traumatic brain or spinal cord injuries and who may be subject
 1984  to inappropriate residential and institutional placement as a
 1985  direct result of such injuries.
 1986         (1)(a) The program shall be payor of last resort for
 1987  program services, and expenditures for such services shall be
 1988  considered funded services for purposes of s. 381.785; however,
 1989  notwithstanding s. 381.79(5), proceeds resulting from this
 1990  subsection shall be used solely for this program.
 1991         (2)(b) The department shall adopt create, by rule,
 1992  procedures to ensure, that if in the event the program is unable
 1993  to directly or indirectly provide such services to all eligible
 1994  individuals due to lack of funds, those individuals most at risk
 1995  of suffering to suffer the greatest harm from an imminent
 1996  inappropriate residential or institutional placement are served
 1997  first.
 1998         (3)(c) Every applicant or recipient of the long-term
 1999  community-based supports and services program must shall have
 2000  been a resident of the state for 1 year immediately preceding
 2001  application and be a resident of the state at the time of
 2002  application.
 2003         (4)(d) The department shall adopt rules pursuant to ss.
 2004  120.536(1) and 120.54 to administer implement the provision of
 2005  this section subsection.
 2006         Section 97. Section 381.931, Florida Statutes, is amended
 2007  to read:
 2008         381.931 Annual report on Medicaid expenditures.—The
 2009  Department of Health and the Agency for Health Care
 2010  Administration shall monitor the total Medicaid expenditures for
 2011  services made under this act. If Medicaid expenditures are
 2012  projected to exceed the amount appropriated by the Legislature,
 2013  the Department of Health shall limit the number of screenings to
 2014  ensure Medicaid expenditures do not exceed the amount
 2015  appropriated. The Department of Health, in cooperation with the
 2016  Agency for Health Care Administration, shall prepare an annual
 2017  report that must include the number of women screened; the
 2018  percentage of positive and negative outcomes; the number of
 2019  referrals to Medicaid and other providers for treatment
 2020  services; the estimated number of women who are not screened or
 2021  not served by Medicaid due to funding limitations, if any; the
 2022  cost of Medicaid treatment services; and the estimated cost of
 2023  treatment services for women who were not screened or referred
 2024  for treatment due to funding limitations. The report shall be
 2025  submitted to the President of the Senate, the Speaker of the
 2026  House of Representatives, and the Executive Office of the
 2027  Governor by March 1 of each year.
 2028         Section 98. Subsection (6) of section 383.19, Florida
 2029  Statutes, is amended to read:
 2030         383.19 Standards; funding; ineligibility.—
 2031         (6) Each hospital that which contracts with the department
 2032  to provide services under the terms of ss. 383.15-383.21 shall
 2033  prepare and submit to the department an annual report that
 2034  includes, but is not limited to, the number of clients served
 2035  and the costs of services in the center. The department shall
 2036  annually conduct a programmatic and financial evaluation of each
 2037  center.
 2038         Section 99. Section 383.21, Florida Statutes, is repealed.
 2039         Section 100. Section 383.2161, Florida Statutes, is amended
 2040  to read:
 2041         383.2161 Maternal and child health report.—The Department
 2042  of Health annually shall annually compile and analyze the risk
 2043  information collected by the Office of Vital Statistics and the
 2044  district prenatal and infant care coalitions and shall maintain
 2045  county and statewide data on prepare and submit to the
 2046  Legislature by January 2 a report that includes, but is not
 2047  limited to:
 2048         (1) The number of families identified as families at
 2049  potential risk;
 2050         (2) The number of families receiving that receive family
 2051  outreach services;
 2052         (3) The increase in demand for services; and
 2053         (4) The unmet need for services for identified target
 2054  groups.
 2055         Section 101. Subsection (4) of section 394.4573, Florida
 2056  Statutes, is repealed.
 2057         Section 102. Subsection (1) of section 394.4985, Florida
 2058  Statutes, is amended to read:
 2059         394.4985 Districtwide information and referral network;
 2060  implementation.—
 2061         (1) Each service district of the Department of Children and
 2062  Family Services shall develop a detailed implementation plan for
 2063  a districtwide comprehensive child and adolescent mental health
 2064  information and referral network to be operational by July 1,
 2065  1999. The plan must include an operating budget that
 2066  demonstrates cost efficiencies and identifies funding sources
 2067  for the district information and referral network. The plan must
 2068  be submitted by the department to the Legislature by October 1,
 2069  1998. The district shall use existing district information and
 2070  referral providers if, in the development of the plan, it is
 2071  concluded that these providers would deliver information and
 2072  referral services in a more efficient and effective manner when
 2073  compared to other alternatives. The district information and
 2074  referral network must include:
 2075         (a) A resource file that contains information about the
 2076  child and adolescent mental health services as described in s.
 2077  394.495, including, but not limited to:
 2078         1. Type of program;
 2079         2. Hours of service;
 2080         3. Ages of persons served;
 2081         4. Program description;
 2082         5. Eligibility requirements; and
 2083         6. Fees.
 2084         (b) Information about private providers and professionals
 2085  in the community who which serve children and adolescents with
 2086  an emotional disturbance.
 2087         (c) A system to document requests for services which that
 2088  are received through the network referral process, including,
 2089  but not limited to:
 2090         1. Number of calls by type of service requested;
 2091         2. Ages of the children and adolescents for whom services
 2092  are requested; and
 2093         3. Type of referral made by the network.
 2094         (d) The ability to share client information with the
 2095  appropriate community agencies.
 2096         (e) The submission of an annual report to the department,
 2097  the Agency for Health Care Administration, and appropriate local
 2098  government entities, which contains information about the
 2099  sources and frequency of requests for information, types and
 2100  frequency of services requested, and types and frequency of
 2101  referrals made.
 2102         Section 103. Section 394.82, Florida Statutes, is repealed.
 2103         Section 104. Subsection (9) of section 394.9082, Florida
 2104  Statutes, is repealed.
 2105         Section 105. Section 394.9083, Florida Statutes, is
 2106  repealed.
 2107         Section 106. Paragraph (c) of subsection (2) of section
 2108  395.807, Florida Statutes, is repealed.
 2109         Section 107. Subsection (3) of section 397.332, Florida
 2110  Statutes, is repealed.
 2111         Section 108. Subsection (1) of section 397.94, Florida
 2112  Statutes, is repealed.
 2113         Section 109. Subsection (2) of section 400.148, Florida
 2114  Statutes, is repealed.
 2115         Section 110. Paragraph (a) of subsection (2) of section
 2116  400.967, Florida Statutes, is amended to read:
 2117         400.967 Rules and classification of deficiencies.—
 2118         (2) Pursuant to the intention of the Legislature, the
 2119  agency, in consultation with the Agency for Persons with
 2120  Disabilities and the Department of Elderly Affairs, shall adopt
 2121  and enforce rules to administer this part and part II of chapter
 2122  408, which shall include reasonable and fair criteria governing:
 2123         (a) The location and construction of the facility;
 2124  including fire and life safety, plumbing, heating, cooling,
 2125  lighting, ventilation, and other housing conditions that will
 2126  ensure the health, safety, and comfort of residents. The agency
 2127  shall establish standards for facilities and equipment to
 2128  increase the extent to which new facilities and a new wing or
 2129  floor added to an existing facility after July 1, 2000, are
 2130  structurally capable of serving as shelters only for residents,
 2131  staff, and families of residents and staff, and equipped to be
 2132  self-supporting during and immediately following disasters. The
 2133  Agency for Health Care Administration shall work with facilities
 2134  licensed under this part and report to the Governor and the
 2135  Legislature by April 1, 2000, its recommendations for cost
 2136  effective renovation standards to be applied to existing
 2137  facilities. In making such rules, the agency shall be guided by
 2138  criteria recommended by nationally recognized, reputable
 2139  professional groups and associations having knowledge concerning
 2140  such subject matters. The agency shall update or revise the such
 2141  criteria as the need arises. All facilities must comply with
 2142  those lifesafety code requirements and building code standards
 2143  applicable at the time of approval of their construction plans.
 2144  The agency may require alterations to a building if it
 2145  determines that an existing condition constitutes a distinct
 2146  hazard to life, health, or safety. The agency shall adopt fair
 2147  and reasonable rules setting forth conditions under which
 2148  existing facilities undergoing additions, alterations,
 2149  conversions, renovations, or repairs are required to comply with
 2150  the most recent updated or revised standards.
 2151         Section 111. Subsection (3) of section 402.3016, Florida
 2152  Statutes, is repealed.
 2153         Section 112. Subsection (9) of section 402.40, Florida
 2154  Statutes, is repealed.
 2155         Section 113. Subsection (1) of section 403.4131, Florida
 2156  Statutes, is amended to read:
 2157         403.4131 Litter control.—
 2158         (1) The Department of Transportation shall establish an
 2159  “adopt-a-highway” program to allow local organizations to be
 2160  identified with specific highway cleanup and highway
 2161  beautification projects authorized under s. 339.2405. The
 2162  department shall report to the Governor and the Legislature on
 2163  the progress achieved and the savings incurred by the “adopt-a
 2164  highway” program. The department shall also monitor and report
 2165  on compliance with the provisions of the adopt-a-highway program
 2166  to ensure that organizations participating that participate in
 2167  the program comply with the goals identified by the department.
 2168         Section 114. Paragraph (a) of subsection (4) of section
 2169  406.02, Florida Statutes, is repealed.
 2170         Section 115. Paragraph (g) of subsection (1) of section
 2171  408.033, Florida Statutes, is amended to read:
 2172         408.033 Local and state health planning.—
 2173         (1) LOCAL HEALTH COUNCILS.—
 2174         (g) Each local health council may is authorized to accept
 2175  and receive, in furtherance of its health planning functions,
 2176  funds, grants, and services from governmental agencies and from
 2177  private or civic sources and to perform studies related to local
 2178  health planning in exchange for such funds, grants, or services.
 2179  Each local health council shall, no later than January 30 of
 2180  each year, render an accounting of the receipt and disbursement
 2181  of such funds received by it to the Department of Health. The
 2182  department shall consolidate all such reports and submit such
 2183  consolidated report to the Legislature no later than March 1 of
 2184  each year.
 2185         Section 116. Subsection (4) of section 408.914, Florida
 2186  Statutes, is repealed.
 2187         Section 117. Paragraph (i) of subsection (3) of section
 2188  408.915, Florida Statutes, is repealed.
 2189         Section 118. Section 408.917, Florida Statutes, is
 2190  repealed.
 2191         Section 119. Paragraph (b) of subsection (7) of section
 2192  409.1451, Florida Statutes, is amended to read:
 2193         409.1451 Independent living transition services.—
 2194         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 2195  Secretary of Children and Family Services shall establish the
 2196  Independent Living Services Advisory Council for the purpose of
 2197  reviewing and making recommendations concerning the
 2198  implementation and operation of the independent living
 2199  transition services. This advisory council shall continue to
 2200  function as specified in this subsection until the Legislature
 2201  determines that the advisory council can no longer provide a
 2202  valuable contribution to the department’s efforts to achieve the
 2203  goals of the independent living transition services.
 2204         (b) The advisory council shall report to the secretary
 2205  appropriate substantive committees of the Senate and the House
 2206  of Representatives on the status of the implementation of the
 2207  system of independent living transition services; efforts to
 2208  publicize the availability of aftercare support services, the
 2209  Road-to-Independence Program, and transitional support services;
 2210  the success of the services; problems identified;
 2211  recommendations for department or legislative action; and the
 2212  department’s implementation of the recommendations contained in
 2213  the Independent Living Services Integration Workgroup Report
 2214  submitted to the appropriate Senate and the House substantive
 2215  committees of the Legislature by December 31, 2002. The
 2216  department shall submit a report by December 31 of each year to
 2217  the Governor and the Legislature This advisory council report
 2218  shall be submitted by December 31 of each year that the council
 2219  is in existence and shall be accompanied by a report from the
 2220  department which includes a summary of the factors reported on
 2221  by the council and identifies the recommendations of the
 2222  advisory council and either describes the department’s actions
 2223  to implement the these recommendations or provides the
 2224  department’s rationale for not implementing the recommendations.
 2225         Section 120. Section 409.152, Florida Statutes, is
 2226  repealed.
 2227         Section 121. Subsections (1) and (2) of section 409.1679,
 2228  Florida Statutes, are repealed.
 2229         Section 122. Section 409.1685, Florida Statutes, is amended
 2230  to read:
 2231         409.1685 Children in foster care; annual report to
 2232  Legislature.—The Department of Children and Family Services
 2233  shall submit a written report to the Governor and substantive
 2234  committees of the Legislature concerning the status of children
 2235  in foster care and concerning the judicial review mandated by
 2236  part X of chapter 39. The This report shall be submitted by May
 2237  March 1 of each year and must shall include the following
 2238  information for the prior calendar year:
 2239         (1) The number of 6-month and annual judicial reviews
 2240  completed during that period.
 2241         (2) The number of children in foster care returned to a
 2242  parent, guardian, or relative as a result of a 6-month or annual
 2243  judicial review hearing during that period.
 2244         (3) The number of termination of parental rights
 2245  proceedings instituted during that period, including which shall
 2246  include:
 2247         (a) The number of termination of parental rights
 2248  proceedings initiated pursuant to former s. 39.703; and
 2249         (b) The total number of terminations of parental rights
 2250  ordered.
 2251         (4) The number of foster care children placed for adoption
 2252  during that period.
 2253         Section 123. Paragraph (k) of subsection (4) of section
 2254  409.221, Florida Statutes, is repealed.
 2255         Section 124. Paragraph (a) of subsection (3) of section
 2256  409.25575, Florida Statutes, is amended to read:
 2257         409.25575 Support enforcement; privatization.—
 2258         (3)(a) The department shall establish a quality assurance
 2259  program for the privatization of services. The quality assurance
 2260  program must include standards for each specific component of
 2261  these services. The department shall establish minimum
 2262  thresholds for each component. Each program operated pursuant to
 2263  contract must be evaluated annually by the department or by an
 2264  objective competent entity designated by the department under
 2265  the provisions of the quality assurance program. The evaluation
 2266  must be financed from cost savings associated with the
 2267  privatization of services. The department shall submit an annual
 2268  report regarding quality performance, outcome measure
 2269  attainment, and cost efficiency to the President of the Senate,
 2270  the Speaker of the House of Representatives, the Minority leader
 2271  of each house of the Legislature, and the Governor no later than
 2272  January 31 of each year, beginning in 1999. The quality
 2273  assurance program must be financed through administrative
 2274  savings generated by this act.
 2275         Section 125. Subsection (9) of section 409.2558, Florida
 2276  Statutes, is amended to read:
 2277         409.2558 Support distribution and disbursement.—
 2278         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2279  administer this section. The department shall provide a draft of
 2280  the proposed concepts for the rule for the undistributable
 2281  collections to interested parties for review and recommendations
 2282  prior to full development of the rule and initiating the formal
 2283  rule-development process. The department shall consider but is
 2284  not required to implement the recommendations. The department
 2285  shall provide a report to the President of the Senate and the
 2286  Speaker of the House of Representatives containing the
 2287  recommendations received from interested parties and the
 2288  department’s response regarding incorporating the
 2289  recommendations into the rule.
 2290         Section 126. Subsection (3) of section 409.441, Florida
 2291  Statutes, is repealed.
 2292         Section 127. Subsection (24) of section 409.906, Florida
 2293  Statutes, is amended to read:
 2294         409.906 Optional Medicaid services.—Subject to specific
 2295  appropriations, the agency may make payments for services which
 2296  are optional to the state under Title XIX of the Social Security
 2297  Act and are furnished by Medicaid providers to recipients who
 2298  are determined to be eligible on the dates on which the services
 2299  were provided. Any optional service that is provided shall be
 2300  provided only when medically necessary and in accordance with
 2301  state and federal law. Optional services rendered by providers
 2302  in mobile units to Medicaid recipients may be restricted or
 2303  prohibited by the agency. Nothing in this section shall be
 2304  construed to prevent or limit the agency from adjusting fees,
 2305  reimbursement rates, lengths of stay, number of visits, or
 2306  number of services, or making any other adjustments necessary to
 2307  comply with the availability of moneys and any limitations or
 2308  directions provided for in the General Appropriations Act or
 2309  chapter 216. If necessary to safeguard the state’s systems of
 2310  providing services to elderly and disabled persons and subject
 2311  to the notice and review provisions of s. 216.177, the Governor
 2312  may direct the Agency for Health Care Administration to amend
 2313  the Medicaid state plan to delete the optional Medicaid service
 2314  known as “Intermediate Care Facilities for the Developmentally
 2315  Disabled.” Optional services may include:
 2316         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2317  Health Care Administration, in consultation with the Department
 2318  of Children and Family Services, may establish a targeted case
 2319  management project in those counties identified by the
 2320  Department of Children and Family Services and for all counties
 2321  with a community-based child welfare project, as authorized
 2322  under s. 409.1671, which have been specifically approved by the
 2323  department. Results of targeted case management projects shall
 2324  be reported to the Social Services Estimating Conference
 2325  established under s. 216.136. The covered group of individuals
 2326  who are eligible to receive targeted case management include
 2327  children who are eligible for Medicaid; who are between the ages
 2328  of birth through 21; and who are under protective supervision or
 2329  postplacement supervision, under foster-care supervision, or in
 2330  shelter care or foster care. The number of individuals who are
 2331  eligible to receive targeted case management is shall be limited
 2332  to the number for whom the Department of Children and Family
 2333  Services has available matching funds to cover the costs. The
 2334  general revenue funds required to match the funds for services
 2335  provided by the community-based child welfare projects are
 2336  limited to funds available for services described under s.
 2337  409.1671. The Department of Children and Family Services may
 2338  transfer the general revenue matching funds as billed by the
 2339  Agency for Health Care Administration.
 2340         Section 128. Subsections (29) and (44), and paragraph (c)
 2341  of subsection (49) of section 409.912, Florida Statutes, are
 2342  amended to read:
 2343         409.912 Cost-effective purchasing of health care.—The
 2344  agency shall purchase goods and services for Medicaid recipients
 2345  in the most cost-effective manner consistent with the delivery
 2346  of quality medical care. To ensure that medical services are
 2347  effectively utilized, the agency may, in any case, require a
 2348  confirmation or second physician’s opinion of the correct
 2349  diagnosis for purposes of authorizing future services under the
 2350  Medicaid program. This section does not restrict access to
 2351  emergency services or poststabilization care services as defined
 2352  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2353  shall be rendered in a manner approved by the agency. The agency
 2354  shall maximize the use of prepaid per capita and prepaid
 2355  aggregate fixed-sum basis services when appropriate and other
 2356  alternative service delivery and reimbursement methodologies,
 2357  including competitive bidding pursuant to s. 287.057, designed
 2358  to facilitate the cost-effective purchase of a case-managed
 2359  continuum of care. The agency shall also require providers to
 2360  minimize the exposure of recipients to the need for acute
 2361  inpatient, custodial, and other institutional care and the
 2362  inappropriate or unnecessary use of high-cost services. The
 2363  agency shall contract with a vendor to monitor and evaluate the
 2364  clinical practice patterns of providers in order to identify
 2365  trends that are outside the normal practice patterns of a
 2366  provider’s professional peers or the national guidelines of a
 2367  provider’s professional association. The vendor must be able to
 2368  provide information and counseling to a provider whose practice
 2369  patterns are outside the norms, in consultation with the agency,
 2370  to improve patient care and reduce inappropriate utilization.
 2371  The agency may mandate prior authorization, drug therapy
 2372  management, or disease management participation for certain
 2373  populations of Medicaid beneficiaries, certain drug classes, or
 2374  particular drugs to prevent fraud, abuse, overuse, and possible
 2375  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2376  Committee shall make recommendations to the agency on drugs for
 2377  which prior authorization is required. The agency shall inform
 2378  the Pharmaceutical and Therapeutics Committee of its decisions
 2379  regarding drugs subject to prior authorization. The agency is
 2380  authorized to limit the entities it contracts with or enrolls as
 2381  Medicaid providers by developing a provider network through
 2382  provider credentialing. The agency may competitively bid single
 2383  source-provider contracts if procurement of goods or services
 2384  results in demonstrated cost savings to the state without
 2385  limiting access to care. The agency may limit its network based
 2386  on the assessment of beneficiary access to care, provider
 2387  availability, provider quality standards, time and distance
 2388  standards for access to care, the cultural competence of the
 2389  provider network, demographic characteristics of Medicaid
 2390  beneficiaries, practice and provider-to-beneficiary standards,
 2391  appointment wait times, beneficiary use of services, provider
 2392  turnover, provider profiling, provider licensure history,
 2393  previous program integrity investigations and findings, peer
 2394  review, provider Medicaid policy and billing compliance records,
 2395  clinical and medical record audits, and other factors. Providers
 2396  shall not be entitled to enrollment in the Medicaid provider
 2397  network. The agency shall determine instances in which allowing
 2398  Medicaid beneficiaries to purchase durable medical equipment and
 2399  other goods is less expensive to the Medicaid program than long
 2400  term rental of the equipment or goods. The agency may establish
 2401  rules to facilitate purchases in lieu of long-term rentals in
 2402  order to protect against fraud and abuse in the Medicaid program
 2403  as defined in s. 409.913. The agency may seek federal waivers
 2404  necessary to administer these policies.
 2405         (29) The agency shall perform enrollments and
 2406  disenrollments for Medicaid recipients who are eligible for
 2407  MediPass or managed care plans. Notwithstanding the prohibition
 2408  contained in paragraph (21)(f), managed care plans may perform
 2409  preenrollments of Medicaid recipients under the supervision of
 2410  the agency or its agents. For the purposes of this section, the
 2411  term “preenrollment” means the provision of marketing and
 2412  educational materials to a Medicaid recipient and assistance in
 2413  completing the application forms, but does shall not include
 2414  actual enrollment into a managed care plan. An application for
 2415  enrollment may shall not be deemed complete until the agency or
 2416  its agent verifies that the recipient made an informed,
 2417  voluntary choice. The agency, in cooperation with the Department
 2418  of Children and Family Services, may test new marketing
 2419  initiatives to inform Medicaid recipients about their managed
 2420  care options at selected sites. The agency shall report to the
 2421  Legislature on the effectiveness of such initiatives. The agency
 2422  may contract with a third party to perform managed care plan and
 2423  MediPass enrollment and disenrollment services for Medicaid
 2424  recipients and may is authorized to adopt rules to administer
 2425  implement such services. The agency may adjust the capitation
 2426  rate only to cover the costs of a third-party enrollment and
 2427  disenrollment contract, and for agency supervision and
 2428  management of the managed care plan enrollment and disenrollment
 2429  contract.
 2430         (44) The Agency for Health Care Administration shall ensure
 2431  that any Medicaid managed care plan as defined in s.
 2432  409.9122(2)(f), whether paid on a capitated basis or a shared
 2433  savings basis, is cost-effective. For purposes of this
 2434  subsection, the term “cost-effective” means that a network’s
 2435  per-member, per-month costs to the state, including, but not
 2436  limited to, fee-for-service costs, administrative costs, and
 2437  case-management fees, if any, must be no greater than the
 2438  state’s costs associated with contracts for Medicaid services
 2439  established under subsection (3), which may be adjusted for
 2440  health status. The agency shall conduct actuarially sound
 2441  adjustments for health status in order to ensure such cost
 2442  effectiveness and shall annually publish the results on its
 2443  Internet website and submit the results annually to the
 2444  Governor, the President of the Senate, and the Speaker of the
 2445  House of Representatives no later than December 31 of each year.
 2446  Contracts established pursuant to this subsection which are not
 2447  cost-effective may not be renewed.
 2448         (49) The agency shall contract with established minority
 2449  physician networks that provide services to historically
 2450  underserved minority patients. The networks must provide cost
 2451  effective Medicaid services, comply with the requirements to be
 2452  a MediPass provider, and provide their primary care physicians
 2453  with access to data and other management tools necessary to
 2454  assist them in ensuring the appropriate use of services,
 2455  including inpatient hospital services and pharmaceuticals.
 2456         (c) For purposes of this subsection, the term “cost
 2457  effective” means that a network’s per-member, per-month costs to
 2458  the state, including, but not limited to, fee-for-service costs,
 2459  administrative costs, and case-management fees, if any, must be
 2460  no greater than the state’s costs associated with contracts for
 2461  Medicaid services established under subsection (3), which shall
 2462  be actuarially adjusted for case mix, model, and service area.
 2463  The agency shall conduct actuarially sound audits adjusted for
 2464  case mix and model in order to ensure such cost-effectiveness
 2465  and shall annually publish the audit results on its Internet
 2466  website and submit the audit results annually to the Governor,
 2467  the President of the Senate, and the Speaker of the House of
 2468  Representatives no later than December 31. Contracts established
 2469  pursuant to this subsection which are not cost-effective may not
 2470  be renewed.
 2471         Section 129. Section 410.0245, Florida Statutes, is
 2472  repealed.
 2473         Section 130. Subsection (10) of section 410.604, Florida
 2474  Statutes, is repealed.
 2475         Section 131. Paragraph (d) of subsection (5) of section
 2476  411.0102, Florida Statutes, is amended to read:
 2477         411.0102 Child Care Executive Partnership Act; findings and
 2478  intent; grant; limitation; rules.—
 2479         (5)
 2480         (d) Each early learning coalition shall be required to
 2481  establish a community child care task force for each child care
 2482  purchasing pool. The task force must be composed of employers,
 2483  parents, private child care providers, and one representative
 2484  from the local children’s services council, if one exists in the
 2485  area of the purchasing pool. The early learning coalition is
 2486  expected to recruit the task force members from existing child
 2487  care councils, commissions, or task forces already operating in
 2488  the area of a purchasing pool. A majority of the task force
 2489  shall consist of employers. Each task force shall develop a plan
 2490  for the use of child care purchasing pool funds. The plan must
 2491  show how many children will be served by the purchasing pool,
 2492  how many will be new to receiving child care services, and how
 2493  the early learning coalition intends to attract new employers
 2494  and their employees to the program.
 2495         Section 132. Section 411.221, Florida Statutes, is
 2496  repealed.
 2497         Section 133. Section 411.242, Florida Statutes, is
 2498  repealed.
 2499         Section 134. Section 414.14, Florida Statutes, is amended
 2500  to read:
 2501         414.14 Public assistance policy simplification.—To the
 2502  extent possible, the department shall align the requirements for
 2503  eligibility under this chapter with the food stamp program and
 2504  medical assistance eligibility policies and procedures to
 2505  simplify the budgeting process and reduce errors. If the
 2506  department determines that s. 414.075, relating to resources, or
 2507  s. 414.085, relating to income, is inconsistent with related
 2508  provisions of federal law governing which govern the food stamp
 2509  program or medical assistance, and that conformance to federal
 2510  law would simplify administration of the WAGES Program or reduce
 2511  errors without materially increasing the cost of the program to
 2512  the state, the secretary of the department may propose a change
 2513  in the resource or income requirements of the program by rule.
 2514  The secretary shall provide written notice to the President of
 2515  the Senate, the Speaker of the House of Representatives, and the
 2516  chairpersons of the relevant committees of both houses of the
 2517  Legislature summarizing the proposed modifications to be made by
 2518  rule and changes necessary to conform state law to federal law.
 2519  The proposed rule shall take effect 14 days after written notice
 2520  is given unless the President of the Senate or the Speaker of
 2521  the House of Representatives advises the secretary that the
 2522  proposed rule exceeds the delegated authority of the
 2523  Legislature.
 2524         Section 135. Subsection (1) of section 414.36, Florida
 2525  Statutes, is repealed.
 2526         Section 136. Subsection (3) of section 414.391, Florida
 2527  Statutes, is repealed.
 2528         Section 137. Subsection (6) of section 415.1045, Florida
 2529  Statutes, is amended to read:
 2530         415.1045 Photographs, videotapes, and medical examinations;
 2531  abrogation of privileged communications; confidential records
 2532  and documents.—
 2533         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 2534  shall enter into working agreements with the jurisdictionally
 2535  responsible county sheriff’s sheriffs’ office or local police
 2536  department that will be the lead agency for when conducting any
 2537  criminal investigation arising from an allegation of abuse,
 2538  neglect, or exploitation of a vulnerable adult. The working
 2539  agreement must specify how the requirements of this chapter will
 2540  be met. The Office of Program Policy Analysis and Government
 2541  Accountability shall conduct a review of the efficacy of the
 2542  agreements and report its findings to the Legislature by March
 2543  1, 2005. For the purposes of such agreement, the
 2544  jurisdictionally responsible law enforcement entity may is
 2545  authorized to share Florida criminal history and local criminal
 2546  history information that is not otherwise exempt from s.
 2547  119.07(1) with the district personnel. A law enforcement entity
 2548  entering into such agreement must comply with s. 943.0525.
 2549  Criminal justice information provided by the such law
 2550  enforcement entity may shall be used only for the purposes
 2551  specified in the agreement and shall be provided at no charge.
 2552  Notwithstanding any other provision of law, the Department of
 2553  Law Enforcement shall provide to the department electronic
 2554  access to Florida criminal justice information that which is
 2555  lawfully available and not exempt from s. 119.07(1), only for
 2556  the purpose of protective investigations and emergency
 2557  placement. As a condition of access to the such information, the
 2558  department shall be required to execute an appropriate user
 2559  agreement addressing the access, use, dissemination, and
 2560  destruction of such information and to comply with all
 2561  applicable laws and rules of the Department of Law Enforcement.
 2562         Section 138. Subsection (9) of section 420.622, Florida
 2563  Statutes, is amended to read:
 2564         420.622 State Office on Homelessness; Council on
 2565  Homelessness.—
 2566         (9) The council shall, by June 30 of each year, beginning
 2567  in 2010, provide issue to the Governor, the Legislature
 2568  President of the Senate, the Speaker of the House of
 2569  Representatives, and the Secretary of Children and Family
 2570  Services an evaluation of the executive director’s performance
 2571  in fulfilling the statutory duties of the office, a report
 2572  summarizing the extent of homelessness in the state and the
 2573  council’s recommendations to the office and the corresponding
 2574  actions taken by the office, and any recommendations to the
 2575  Legislature for reducing proposals to reduce homelessness in
 2576  this state.
 2577         Section 139. Subsection (4) of section 420.623, Florida
 2578  Statutes, is repealed.
 2579         Section 140. Subsection (9) of section 427.704, Florida
 2580  Statutes, is amended to read:
 2581         427.704 Powers and duties of the commission.—
 2582         (9) The commission shall prepare provide to the President
 2583  of the Senate and to the Speaker of the House of Representatives
 2584  an annual report on the operation of the telecommunications
 2585  access system which shall be available on the commission’s
 2586  Internet website. The first report shall be provided no later
 2587  than January 1, 1992, and successive reports shall be provided
 2588  by January 1 of each year thereafter. Reports must shall be
 2589  prepared in consultation with the administrator and the advisory
 2590  committee appointed pursuant to s. 427.706. The reports must
 2591  shall, at a minimum, briefly outline the status of developments
 2592  in of the telecommunications access system, the number of
 2593  persons served, the call volume, revenues and expenditures, the
 2594  allocation of the revenues and expenditures between provision of
 2595  specialized telecommunications devices to individuals and
 2596  operation of statewide relay service, other major policy or
 2597  operational issues, and proposals for improvements or changes to
 2598  the telecommunications access system.
 2599         Section 141. Subsection (2) of section 427.706, Florida
 2600  Statutes, is amended to read:
 2601         427.706 Advisory committee.—
 2602         (2) The advisory committee shall provide the expertise,
 2603  experience, and perspective of persons who are hearing impaired
 2604  or speech impaired to the commission and to the administrator
 2605  during all phases of the development and operation of the
 2606  telecommunications access system. The advisory committee shall
 2607  advise the commission and the administrator on any matter
 2608  relating to the quality and cost-effectiveness of the
 2609  telecommunications relay service and the specialized
 2610  telecommunications devices distribution system. The advisory
 2611  committee may submit material for inclusion in the annual report
 2612  prepared pursuant to s. 427.704 to the President of the Senate
 2613  and the Speaker of the House of Representatives.
 2614         Section 142. Paragraph (b) of subsection (3) of section
 2615  429.07, Florida Statutes, is amended to read:
 2616         429.07 License required; fee.—
 2617         (3) In addition to the requirements of s. 408.806, each
 2618  license granted by the agency must state the type of care for
 2619  which the license is granted. Licenses shall be issued for one
 2620  or more of the following categories of care: standard, extended
 2621  congregate care, limited nursing services, or limited mental
 2622  health.
 2623         (b) An extended congregate care license shall be issued to
 2624  facilities providing, directly or through contract, services
 2625  beyond those authorized in paragraph (a), including services
 2626  performed by persons licensed under acts performed pursuant to
 2627  part I of chapter 464 by persons licensed thereunder, and
 2628  supportive services, as defined by rule, to persons who would
 2629  otherwise would be disqualified from continued residence in a
 2630  facility licensed under this part.
 2631         1. In order for extended congregate care services to be
 2632  provided in a facility licensed under this part, the agency must
 2633  first determine that all requirements established in law and
 2634  rule are met and must specifically designate, on the facility’s
 2635  license, that such services may be provided and whether the
 2636  designation applies to all or part of the a facility. Such
 2637  designation may be made at the time of initial licensure or
 2638  relicensure, or upon request in writing by a licensee under this
 2639  part and part II of chapter 408. The notification of approval or
 2640  the denial of the such request shall be made in accordance with
 2641  part II of chapter 408. Existing facilities qualifying to
 2642  provide extended congregate care services must have maintained a
 2643  standard license and may not have been subject to administrative
 2644  sanctions during the previous 2 years, or since initial
 2645  licensure if the facility has been licensed for less than 2
 2646  years, for any of the following reasons:
 2647         a. A class I or class II violation;
 2648         b. Three or more repeat or recurring class III violations
 2649  of identical or similar resident care standards as specified in
 2650  rule from which a pattern of noncompliance is found by the
 2651  agency;
 2652         c. Three or more class III violations that were not
 2653  corrected in accordance with the corrective action plan approved
 2654  by the agency;
 2655         d. Violation of resident care standards which results in
 2656  requiring the facility resulting in a requirement to employ the
 2657  services of a consultant pharmacist or consultant dietitian;
 2658         e. Denial, suspension, or revocation of a license for
 2659  another facility licensed under this part in which the applicant
 2660  for an extended congregate care license has at least 25 percent
 2661  ownership interest; or
 2662         f. Imposition of a moratorium pursuant to this part or part
 2663  II of chapter 408 or initiation of injunctive proceedings.
 2664         2. A facility that is Facilities that are licensed to
 2665  provide extended congregate care services shall maintain a
 2666  written progress report on each person who receives such
 2667  services, which report describes the type, amount, duration,
 2668  scope, and outcome of services that are rendered and the general
 2669  status of the resident’s health. A registered nurse, or
 2670  appropriate designee, representing the agency shall visit the
 2671  facility such facilities at least quarterly to monitor residents
 2672  who are receiving extended congregate care services and to
 2673  determine if the facility is in compliance with this part, part
 2674  II of chapter 408, and relevant rules that relate to extended
 2675  congregate care. One of the these visits may be in conjunction
 2676  with the regular survey. The monitoring visits may be provided
 2677  through contractual arrangements with appropriate community
 2678  agencies. A registered nurse shall serve as part of the team
 2679  that inspects the such facility. The agency may waive one of the
 2680  required yearly monitoring visits for a facility that has been
 2681  licensed for at least 24 months to provide extended congregate
 2682  care services, if, during the inspection, the registered nurse
 2683  determines that extended congregate care services are being
 2684  provided appropriately, and if the facility has no class I or
 2685  class II violations and no uncorrected class III violations.
 2686  Before such decision is made, The agency must first shall
 2687  consult with the long-term care ombudsman council for the area
 2688  in which the facility is located to determine if any complaints
 2689  have been made and substantiated about the quality of services
 2690  or care. The agency may not waive one of the required yearly
 2691  monitoring visits if complaints have been made and
 2692  substantiated.
 2693         3. A facility Facilities that is are licensed to provide
 2694  extended congregate care services must shall:
 2695         a. Demonstrate the capability to meet unanticipated
 2696  resident service needs.
 2697         b. Offer a physical environment that promotes a homelike
 2698  setting, provides for resident privacy, promotes resident
 2699  independence, and allows sufficient congregate space as defined
 2700  by rule.
 2701         c. Have sufficient staff available, taking into account the
 2702  physical plant and firesafety features of the building, to
 2703  assist with the evacuation of residents in an emergency, as
 2704  necessary.
 2705         d. Adopt and follow policies and procedures that maximize
 2706  resident independence, dignity, choice, and decisionmaking to
 2707  permit residents to age in place to the extent possible, so that
 2708  moves due to changes in functional status are minimized or
 2709  avoided.
 2710         e. Allow residents or, if applicable, a resident’s
 2711  representative, designee, surrogate, guardian, or attorney in
 2712  fact to make a variety of personal choices, participate in
 2713  developing service plans, and share responsibility in
 2714  decisionmaking.
 2715         f. Implement the concept of managed risk.
 2716         g. Provide, either directly or through contract, the
 2717  services of a person licensed under pursuant to part I of
 2718  chapter 464.
 2719         h. In addition to the training mandated in s. 429.52,
 2720  provide specialized training as defined by rule for facility
 2721  staff.
 2722         4. A facility that is Facilities licensed to provide
 2723  extended congregate care services is are exempt from the
 2724  criteria for continued residency as set forth in rules adopted
 2725  under s. 429.41. A licensed facility must Facilities so licensed
 2726  shall adopt its their own requirements within guidelines for
 2727  continued residency set forth by rule. However, the facility
 2728  such facilities may not serve residents who require 24-hour
 2729  nursing supervision. A licensed facility that provides
 2730  Facilities licensed to provide extended congregate care services
 2731  must also shall provide each resident with a written copy of
 2732  facility policies governing admission and retention.
 2733         5. The primary purpose of extended congregate care services
 2734  is to allow residents, as they become more impaired, the option
 2735  of remaining in a familiar setting from which they would
 2736  otherwise be disqualified for continued residency. A facility
 2737  licensed to provide extended congregate care services may also
 2738  admit an individual who exceeds the admission criteria for a
 2739  facility with a standard license, if the individual is
 2740  determined appropriate for admission to the extended congregate
 2741  care facility.
 2742         6. Before the admission of an individual to a facility
 2743  licensed to provide extended congregate care services, the
 2744  individual must undergo a medical examination as provided in s.
 2745  429.26(4) and the facility must develop a preliminary service
 2746  plan for the individual.
 2747         7. When a facility can no longer provide or arrange for
 2748  services in accordance with the resident’s service plan and
 2749  needs and the facility’s policy, the facility shall make
 2750  arrangements for relocating the person in accordance with s.
 2751  429.28(1)(k).
 2752         8. Failure to provide extended congregate care services may
 2753  result in denial of extended congregate care license renewal.
 2754         9. No later than January 1 of each year, the department, in
 2755  consultation with the agency, shall prepare and submit to the
 2756  Governor, the President of the Senate, the Speaker of the House
 2757  of Representatives, and the chairs of appropriate legislative
 2758  committees, a report on the status of, and recommendations
 2759  related to, extended congregate care services. The status report
 2760  must include, but need not be limited to, the following
 2761  information:
 2762         a. A description of the facilities licensed to provide such
 2763  services, including total number of beds licensed under this
 2764  part.
 2765         b. The number and characteristics of residents receiving
 2766  such services.
 2767         c. The types of services rendered that could not be
 2768  provided through a standard license.
 2769         d. An analysis of deficiencies cited during licensure
 2770  inspections.
 2771         e. The number of residents who required extended congregate
 2772  care services at admission and the source of admission.
 2773         f. Recommendations for statutory or regulatory changes.
 2774         g. The availability of extended congregate care to state
 2775  clients residing in facilities licensed under this part and in
 2776  need of additional services, and recommendations for
 2777  appropriations to subsidize extended congregate care services
 2778  for such persons.
 2779         h. Such other information as the department considers
 2780  appropriate.
 2781         Section 143. Subsection (5) of section 429.41, Florida
 2782  Statutes, is amended to read:
 2783         429.41 Rules establishing standards.—
 2784         (5) The agency may use an abbreviated biennial standard
 2785  licensure inspection that consists of a review of key quality
 2786  of-care standards in lieu of a full inspection in a facility
 2787  that has facilities which have a good record of past
 2788  performance. However, a full inspection must shall be conducted
 2789  in a facility that has facilities which have had a history of
 2790  class I or class II violations, uncorrected class III
 2791  violations, confirmed ombudsman council complaints, or confirmed
 2792  licensure complaints, within the previous licensure period
 2793  immediately preceding the inspection or if when a potentially
 2794  serious problem is identified during the abbreviated inspection.
 2795  The agency, in consultation with the department, shall develop
 2796  the key quality-of-care standards with input from the State
 2797  Long-Term Care Ombudsman Council and representatives of provider
 2798  groups for incorporation into its rules. The department, in
 2799  consultation with the agency, shall report annually to the
 2800  Legislature concerning its implementation of this subsection.
 2801  The report shall include, at a minimum, the key quality-of-care
 2802  standards which have been developed; the number of facilities
 2803  identified as being eligible for the abbreviated inspection; the
 2804  number of facilities which have received the abbreviated
 2805  inspection and, of those, the number that were converted to full
 2806  inspection; the number and type of subsequent complaints
 2807  received by the agency or department on facilities which have
 2808  had abbreviated inspections; any recommendations for
 2809  modification to this subsection; any plans by the agency to
 2810  modify its implementation of this subsection; and any other
 2811  information which the department believes should be reported.
 2812         Section 144. Subsections (3) through (17) of section
 2813  430.04, Florida Statutes, are amended to read:
 2814         430.04 Duties and responsibilities of the Department of
 2815  Elderly Affairs.—The Department of Elderly Affairs shall:
 2816         (3) Prepare and submit to the Governor, each Cabinet
 2817  member, the President of the Senate, the Speaker of the House of
 2818  Representatives, the minority leaders of the House and Senate,
 2819  and chairpersons of appropriate House and Senate committees a
 2820  master plan for policies and programs in the state related to
 2821  aging. The plan must identify and assess the needs of the
 2822  elderly population in the areas of housing, employment,
 2823  education and training, medical care, long-term care, preventive
 2824  care, protective services, social services, mental health,
 2825  transportation, and long-term care insurance, and other areas
 2826  considered appropriate by the department. The plan must assess
 2827  the needs of particular subgroups of the population and evaluate
 2828  the capacity of existing programs, both public and private and
 2829  in state and local agencies, to respond effectively to
 2830  identified needs. If the plan recommends the transfer of any
 2831  program or service from the Department of Children and Family
 2832  Services to another state department, the plan must also include
 2833  recommendations that provide for an independent third-party
 2834  mechanism, as currently exists in the Florida advocacy councils
 2835  established in ss. 402.165 and 402.166, for protecting the
 2836  constitutional and human rights of recipients of departmental
 2837  services. The plan must include policy goals and program
 2838  strategies designed to respond efficiently to current and
 2839  projected needs. The plan must also include policy goals and
 2840  program strategies to promote intergenerational relationships
 2841  and activities. Public hearings and other appropriate processes
 2842  shall be utilized by the department to solicit input for the
 2843  development and updating of the master plan from parties
 2844  including, but not limited to, the following:
 2845         (a) Elderly citizens and their families and caregivers.
 2846         (b) Local-level public and private service providers,
 2847  advocacy organizations, and other organizations relating to the
 2848  elderly.
 2849         (c) Local governments.
 2850         (d) All state agencies that provide services to the
 2851  elderly.
 2852         (e) University centers on aging.
 2853         (f) Area agency on aging and community care for the elderly
 2854  lead agencies.
 2855         (3)(4) Serve as an information clearinghouse at the state
 2856  level, and assist local-level information and referral resources
 2857  as a repository and means for the dissemination of information
 2858  regarding all federal, state, and local resources for assistance
 2859  to the elderly in the areas of, but not limited to, health,
 2860  social welfare, long-term care, protective services, consumer
 2861  protection, education and training, housing, employment,
 2862  recreation, transportation, insurance, and retirement.
 2863         (4)(5) Recommend guidelines for the development of roles
 2864  for state agencies that provide services for the aging, review
 2865  plans of agencies that provide such services, and relay the
 2866  these plans to the Governor and the Legislature, each Cabinet
 2867  member, the President of the Senate, the Speaker of the House of
 2868  Representatives, the minority leaders of the House and Senate,
 2869  and chairpersons of appropriate House and Senate committees.
 2870         (5)(6) Recommend to the Governor and the Legislature, each
 2871  Cabinet member, the President of the Senate, the Speaker of the
 2872  House of Representatives, the minority leaders of the House and
 2873  Senate, and chairpersons of appropriate House and Senate
 2874  committees an organizational framework for the planning,
 2875  coordination, implementation, and evaluation of programs related
 2876  to aging, with the purpose of expanding and improving programs
 2877  and opportunities available to the state’s elderly population
 2878  and enhancing a continuum of long-term care. This framework must
 2879  ensure assure that:
 2880         (a) Performance objectives are established.
 2881         (b) Program reviews are conducted statewide.
 2882         (c) Each major program related to aging is reviewed every 3
 2883  years.
 2884         (d) Agency budget requests reflect the results and
 2885  recommendations of such program reviews.
 2886         (d)(e) Program decisions reinforce lead to the distinctive
 2887  roles established for state agencies that provide aging
 2888  services.
 2889         (6)(7) Advise the Governor and the Legislature, each
 2890  Cabinet member, the President of the Senate, the Speaker of the
 2891  House of Representatives, the minority leaders of the House and
 2892  Senate, and the chairpersons of appropriate House and Senate
 2893  committees regarding the need for and location of programs
 2894  related to aging.
 2895         (7)(8) Review and coordinate aging research plans of all
 2896  state agencies to ensure that the conformance of research
 2897  objectives address to issues and needs of the state’s elderly
 2898  population addressed in the master plan for policies and
 2899  programs related to aging. The research activities that must be
 2900  reviewed and coordinated by the department include, but are not
 2901  limited to, contracts with academic institutions, development of
 2902  educational and training curriculums, Alzheimer’s disease and
 2903  other medical research, studies of long-term care and other
 2904  personal assistance needs, and design of adaptive or modified
 2905  living environments.
 2906         (8)(9) Review budget requests for programs related to aging
 2907  to ensure the most cost-effective use of state funding for the
 2908  state’s elderly population for compliance with the master plan
 2909  for policies and programs related to aging before submission to
 2910  the Governor and the Legislature.
 2911         (10) Update the master plan for policies and programs
 2912  related to aging every 3 years.
 2913         (11) Review implementation of the master plan for programs
 2914  and policies related to aging and annually report to the
 2915  Governor, each Cabinet member, the President of the Senate, the
 2916  Speaker of the House of Representatives, the minority leaders of
 2917  the House and Senate, and the chairpersons of appropriate House
 2918  and Senate committees the progress towards implementation of the
 2919  plan.
 2920         (9)(12) Request other departments that administer programs
 2921  affecting the state’s elderly population to amend their plans,
 2922  rules, policies, and research objectives as necessary to ensure
 2923  that programs and other initiatives are coordinated and maximize
 2924  the state’s efforts to address the needs of the elderly conform
 2925  with the master plan for policies and programs related to aging.
 2926         (10)(13) Hold public meetings regularly throughout the
 2927  state to receive for purposes of receiving information and
 2928  maximize maximizing the visibility of important issues relating
 2929  to aging and the elderly.
 2930         (11)(14) Conduct policy analysis and program evaluation
 2931  studies assigned by the Legislature.
 2932         (12)(15) Assist the Governor, each Cabinet member, and
 2933  members of the Legislature the President of the Senate, the
 2934  Speaker of the House of Representatives, the minority leaders of
 2935  the House and Senate, and the chairpersons of appropriate House
 2936  and Senate committees in conducting the conduct of their
 2937  responsibilities in such capacities as they consider
 2938  appropriate.
 2939         (13)(16) Call upon appropriate agencies of state government
 2940  for such assistance as is needed in the discharge of its duties.
 2941  All agencies shall cooperate in assisting the department in
 2942  carrying out its responsibilities as prescribed by this section.
 2943  However, the no provision of law regarding with respect to
 2944  confidentiality of information may not be violated.
 2945         (14)(17) Be designated as a state agency that is eligible
 2946  to receive federal funds for adults who are eligible for
 2947  assistance through the portion of the federal Child and Adult
 2948  Care Food Program for adults, which is referred to as the Adult
 2949  Care Food Program, and that is responsible for establishing and
 2950  administering the program. The purpose of the Adult Care Food
 2951  Program is to provide nutritious and wholesome meals and snacks
 2952  for adults in nonresidential day care centers or residential
 2953  treatment facilities. To ensure the quality and integrity of the
 2954  program, the department shall develop standards and procedures
 2955  that govern sponsoring organizations and adult day care centers.
 2956  The department shall follow federal requirements and may adopt
 2957  any rules necessary to administer pursuant to ss. 120.536(1) and
 2958  120.54 for the implementation of the Adult Care Food program
 2959  and. With respect to the Adult Care Food Program, the department
 2960  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 2961  implement relevant federal regulations, including 7 C.F.R. part
 2962  226. The rules may address, at a minimum, the program
 2963  requirements and procedures identified in this subsection.
 2964         Section 145. Subsections (3) and (8) of section 430.502,
 2965  Florida Statutes, are amended to read:
 2966         430.502 Alzheimer’s disease; memory disorder clinics and
 2967  day care and respite care programs.—
 2968         (3) The Alzheimer’s Disease Advisory Committee shall must
 2969  evaluate and make recommendations to the department and the
 2970  Legislature concerning the need for additional memory disorder
 2971  clinics in the state. The first report will be due by December
 2972  31, 1995.
 2973         (8) The department shall will implement the waiver program
 2974  specified in subsection (7). The agency and the department shall
 2975  ensure that providers who are selected that have a history of
 2976  successfully serving persons with Alzheimer’s disease are
 2977  selected. The department and the agency shall develop
 2978  specialized standards for providers and services tailored to
 2979  persons in the early, middle, and late stages of Alzheimer’s
 2980  disease and designate a level of care determination process and
 2981  standard that is most appropriate to this population. The
 2982  department and the agency shall include in the waiver services
 2983  designed to assist the caregiver in continuing to provide in
 2984  home care. The department shall implement this waiver program
 2985  subject to a specific appropriation or as provided in the
 2986  General Appropriations Act. The department and the agency shall
 2987  submit their program design to the President of the Senate and
 2988  the Speaker of the House of Representatives for consultation
 2989  during the development process.
 2990         Section 146. Subsection (1) and paragraph (a) of subsection
 2991  (6) of section 445.006, Florida Statutes, are amended to read:
 2992         445.006 Strategic and operational plans for workforce
 2993  development.—
 2994         (1) Workforce Florida, Inc., in conjunction with state and
 2995  local partners in the workforce system, shall develop a
 2996  strategic plan that produces for workforce, with the goal of
 2997  producing skilled employees for employers in the state. The
 2998  strategic plan shall be submitted to the Governor, the President
 2999  of the Senate, and the Speaker of the House of Representatives
 3000  by February 1, 2001. The strategic plan shall be updated or
 3001  modified by January 1 of each year thereafter. The plan must
 3002  include, but need not be limited to, strategies for:
 3003         (a) Fulfilling the workforce system goals and strategies
 3004  prescribed in s. 445.004;
 3005         (b) Aggregating, integrating, and leveraging workforce
 3006  system resources;
 3007         (c) Coordinating the activities of federal, state, and
 3008  local workforce system partners;
 3009         (d) Addressing the workforce needs of small businesses; and
 3010         (e) Fostering the participation of rural communities and
 3011  distressed urban cores in the workforce system.
 3012         (6)(a) The operational plan must include strategies that
 3013  are designed to prevent or reduce the need for a person to
 3014  receive public assistance. The These strategies must include:
 3015         1. A teen pregnancy prevention component that includes, but
 3016  is not limited to, a plan for implementing the Florida Education
 3017  Now and Babies Later (ENABL) program under s. 411.242 and the
 3018  Teen Pregnancy Prevention Community Initiative within each
 3019  county of the services area in which the teen birth rate is
 3020  higher than the state average;
 3021         2. A component that encourages creation of community-based
 3022  welfare prevention and reduction initiatives that increase
 3023  support provided by noncustodial parents to their welfare
 3024  dependent children and are consistent with program and financial
 3025  guidelines developed by Workforce Florida, Inc., and the
 3026  Commission on Responsible Fatherhood. These initiatives may
 3027  include, but are not limited to, improved paternity
 3028  establishment, work activities for noncustodial parents,
 3029  programs aimed at decreasing out-of-wedlock pregnancies,
 3030  encouraging involvement of fathers with their children which
 3031  includes including court-ordered supervised visitation, and
 3032  increasing child support payments;
 3033         3. A component that encourages formation and maintenance of
 3034  two-parent families through, among other things, court-ordered
 3035  supervised visitation;
 3036         4. A component that fosters responsible fatherhood in
 3037  families receiving assistance; and
 3038         5. A component that fosters the provision of services that
 3039  reduce the incidence and effects of domestic violence on women
 3040  and children in families receiving assistance.
 3041         Section 147. Subsection (8) of section 455.2226, Florida
 3042  Statutes, is repealed.
 3043         Section 148. Subsection (6) of section 455.2228, Florida
 3044  Statutes, is repealed.
 3045         Section 149. Section 456.005, Florida Statutes, is amended
 3046  to read:
 3047         456.005 Long-range policy planning; plans, reports, and
 3048  recommendations.—To facilitate efficient and cost-effective
 3049  regulation, the department and the board, if where appropriate,
 3050  shall develop and implement a long-range policy planning and
 3051  monitoring process that includes to include recommendations
 3052  specific to each profession. The Such process shall include
 3053  estimates of revenues, expenditures, cash balances, and
 3054  performance statistics for each profession. The period covered
 3055  may shall not be less than 5 years. The department, with input
 3056  from the boards and licensees, shall develop and adopt the long
 3057  range plan and must obtain the approval of the State Surgeon
 3058  General. The department shall monitor compliance with the
 3059  approved long-range plan and, with input from the boards and
 3060  licensees, shall annually update the plans for approval by the
 3061  State Surgeon General. The department shall provide concise
 3062  management reports to the boards quarterly. As part of the
 3063  review process, the department shall evaluate:
 3064         (1) Whether the department, including the boards and the
 3065  various functions performed by the department, is operating
 3066  efficiently and effectively and if there is a need for a board
 3067  or council to assist in cost-effective regulation.
 3068         (2) How and why the various professions are regulated.
 3069         (3) Whether there is a need to continue regulation, and to
 3070  what degree.
 3071         (4) Whether or not consumer protection is adequate, and how
 3072  it can be improved.
 3073         (5) Whether there is consistency between the various
 3074  practice acts.
 3075         (6) Whether unlicensed activity is adequately enforced.
 3076  
 3077  The Such plans shall should include conclusions and
 3078  recommendations on these and other issues as appropriate. Such
 3079  plans shall be provided to the Governor and the Legislature by
 3080  November 1 of each year.
 3081         Section 150. Subsection (9) of section 456.025, Florida
 3082  Statutes, is amended to read:
 3083         456.025 Fees; receipts; disposition.—
 3084         (9) The department shall provide a condensed management
 3085  report of revenues and expenditures budgets, finances,
 3086  performance measures statistics, and recommendations to each
 3087  board at least once a quarter. The department shall identify and
 3088  include in such presentations any changes, or projected changes,
 3089  made to the board’s budget since the last presentation.
 3090         Section 151. Subsection (6) of section 456.034, Florida
 3091  Statutes, is repealed.
 3092         Section 152. Subsections (3) and (4) of section 517.302,
 3093  Florida Statutes, are amended to read:
 3094         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3095  Trust Fund; time limitation for criminal prosecution.—
 3096         (3) In lieu of a fine otherwise authorized by law, a person
 3097  who has been convicted of or who has pleaded guilty or no
 3098  contest to having engaged in conduct in violation of the
 3099  provisions of this chapter may be sentenced to pay a fine that
 3100  does not exceed the greater of three times the gross value
 3101  gained or three times the gross loss caused by such conduct,
 3102  plus court costs and the costs of investigation and prosecution
 3103  reasonably incurred.
 3104         (4)(a) There is created within the office a trust fund to
 3105  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3106  costs of investigation and prosecution under this subsection
 3107  shall be deposited in the trust fund. Funds deposited in the
 3108  such trust fund must shall be used, when authorized by
 3109  appropriation, for investigation and prosecution of
 3110  administrative, civil, and criminal actions arising under the
 3111  provisions of this chapter. Funds may also be used to improve
 3112  the public’s awareness and understanding of prudent investing.
 3113         (b) The office shall report to the Executive Office of the
 3114  Governor annually by November 15, the amounts deposited into the
 3115  Anti-Fraud Trust Fund during the previous fiscal year. The
 3116  Executive Office of the Governor shall distribute these reports
 3117  to the President of the Senate and the Speaker of the House of
 3118  Representatives.
 3119         (5)(4) Criminal prosecution for offenses under this chapter
 3120  is subject to the time limitations in of s. 775.15.
 3121         Section 153. Subsection (3) of section 531.415, Florida
 3122  Statutes, is repealed.
 3123         Section 154. Subsection (3) of section 570.0705, Florida
 3124  Statutes, is repealed.
 3125         Section 155. Subsection (5) of section 570.0725, Florida
 3126  Statutes, is amended to read:
 3127         570.0725 Food recovery; legislative intent; department
 3128  functions.—
 3129         (5) The department shall account for the direct and
 3130  indirect costs associated with supporting food recovery programs
 3131  throughout the state. It shall submit an electronic a report to
 3132  the President of the Senate and the Speaker of the House of
 3133  Representatives by November 1, for the previous fiscal year,
 3134  when state funds are spent for this purpose. The report must
 3135  include, but need not be limited to, the identity of
 3136  organizations receiving funds, the amount of funds disbursed to
 3137  these organizations, other uses of food recovery funds, and
 3138  estimates of the amount of fresh produce recovered.
 3139         Section 156. Subsection (3) of section 570.543, Florida
 3140  Statutes, is repealed.
 3141         Section 157. Section 590.33, Florida Statutes, is amended
 3142  to read:
 3143         590.33 State compact administrator; compact advisory
 3144  committee.—In pursuance of art. III of the compact, the director
 3145  of the division shall act as compact administrator for Florida
 3146  of the Southeastern Interstate Forest Fire Protection Compact
 3147  during his or her term of office as director, and his or her
 3148  successor as compact administrator shall be his or her successor
 3149  as director of the division. As compact administrator he or she
 3150  shall be an ex officio member of the advisory committee of the
 3151  Southeastern Interstate Forest Fire Protection Compact, and
 3152  chair ex officio of the Florida members of the advisory
 3153  committee. There shall be four members of the Southeastern
 3154  Interstate Forest Fire Protection Compact Advisory Committee
 3155  from Florida. Two of the members from Florida shall be members
 3156  of the Legislature of Florida, one from the Senate and one from
 3157  the House of Representatives, designated by the Florida
 3158  Commission on Interstate Cooperation, and the terms of any such
 3159  members shall terminate at the time they cease to hold
 3160  legislative office, and their successors as members shall be
 3161  named in like manner. The Governor shall appoint the other two
 3162  members from Florida, one of whom shall be associated with
 3163  forestry or forest products industries. The terms of such
 3164  members shall be 3 years and such members shall hold office
 3165  until their respective successors shall be appointed and
 3166  qualified. Vacancies occurring in the office of such members
 3167  from any reason or cause shall be filled by appointment by the
 3168  Governor for the unexpired term. The director of the division as
 3169  compact administrator for Florida may delegate, from time to
 3170  time, to any deputy or other subordinate in his or her
 3171  department or office, the power to be present and participate,
 3172  including voting as his or her representative or substitute at
 3173  any meeting of or hearing by or other proceeding of the compact
 3174  administrators or of the advisory committee. The terms of each
 3175  of the initial four memberships, whether appointed at said time
 3176  or not, shall begin upon the date upon which the compact shall
 3177  become effective in accordance with art. II of said compact. Any
 3178  member of the advisory committee may be removed from office by
 3179  the Governor upon charges and after a hearing.
 3180         Section 158. Section 603.204, Florida Statutes, is amended
 3181  to read:
 3182         603.204 South Florida Tropical Fruit Plan.—
 3183         (1) The Commissioner of Agriculture, in consultation with
 3184  the Tropical Fruit Advisory Council, shall develop and update,
 3185  at least 90 days prior to the 1991 legislative session, submit
 3186  to the President of the Senate, the Speaker of the House of
 3187  Representatives, and the chairs of appropriate Senate and House
 3188  of Representatives committees, a South Florida Tropical Fruit
 3189  Plan, which shall identify problems and constraints of the
 3190  tropical fruit industry, propose possible solutions to such
 3191  problems, and develop planning mechanisms for orderly growth of
 3192  the industry, including:
 3193         (1)(a) Criteria for tropical fruit research, service, and
 3194  management priorities.
 3195         (2)(b) Additional Proposed legislation that which may be
 3196  required.
 3197         (3)(c) Plans relating to other tropical fruit programs and
 3198  related disciplines in the State University System.
 3199         (4)(d) Potential tropical fruit products in terms of market
 3200  and needs for development.
 3201         (5)(e) Evaluation of production and fresh fruit policy
 3202  alternatives, including, but not limited to, setting minimum
 3203  grades and standards, promotion and advertising, development of
 3204  production and marketing strategies, and setting minimum
 3205  standards on types and quality of nursery plants.
 3206         (6)(f) Evaluation of policy alternatives for processed
 3207  tropical fruit products, including, but not limited to, setting
 3208  minimum quality standards and development of production and
 3209  marketing strategies.
 3210         (7)(g) Research and service priorities for further
 3211  development of the tropical fruit industry.
 3212         (8)(h) Identification of state agencies and public and
 3213  private institutions concerned with research, education,
 3214  extension, services, planning, promotion, and marketing
 3215  functions related to tropical fruit development, and delineation
 3216  of contributions and responsibilities. The recommendations in
 3217  the South Florida Tropical Fruit plan relating to education or
 3218  research shall be submitted to the Institute of Food and
 3219  Agricultural Sciences. The recommendations relating to
 3220  regulation or marketing shall be submitted to the Department of
 3221  Agriculture and Consumer Services.
 3222         (9)(i) Business planning, investment potential, financial
 3223  risks, and economics of production and use utilization.
 3224         (2) A revision and update of the South Florida Tropical
 3225  Fruit Plan shall be submitted biennially, and a progress report
 3226  and budget request shall be submitted annually, to the officials
 3227  specified in subsection (1).
 3228         Section 159. Subsection (6) of section 627.64872, Florida
 3229  Statutes, is amended to read:
 3230         627.64872 Florida Health Insurance Plan.—
 3231         (6) INTERIM REPORT; ANNUAL REPORT.—
 3232         (a) By no later than December 1, 2004, the board shall
 3233  report to the Governor, the President of the Senate, and the
 3234  Speaker of the House of Representatives the results of an
 3235  actuarial study conducted by the board to determine, including,
 3236  but not limited to:
 3237         1. The impact the creation of the plan will have on the
 3238  small group insurance market and the individual market on
 3239  premiums paid by insureds. This shall include an estimate of the
 3240  total anticipated aggregate savings for all small employers in
 3241  the state.
 3242         2. The number of individuals the pool could reasonably
 3243  cover at various funding levels, specifically, the number of
 3244  people the pool may cover at each of those funding levels.
 3245         3. A recommendation as to the best source of funding for
 3246  the anticipated deficits of the pool.
 3247         4. The effect on the individual and small group market by
 3248  including in the Florida Health Insurance Plan persons eligible
 3249  for coverage under s. 627.6487, as well as the cost of including
 3250  these individuals.
 3251  
 3252  The board shall take no action to implement the Florida Health
 3253  Insurance Plan, other than the completion of the actuarial study
 3254  authorized in this paragraph, until funds are appropriated for
 3255  startup cost and any projected deficits.
 3256         (b) No later than December 1, 2005, and annually
 3257  thereafter, The board shall annually submit to the Governor, the
 3258  President of the Senate, and the Speaker of the House of
 3259  Representatives, and the substantive legislative committees of
 3260  the Legislature a report that which includes an independent
 3261  actuarial study to determine, without limitation, the following
 3262  including, but not be limited to:
 3263         (a)1. The effect impact the creation of the plan has on the
 3264  small group and individual insurance market, specifically on the
 3265  premiums paid by insureds, including. This shall include an
 3266  estimate of the total anticipated aggregate savings for all
 3267  small employers in the state.
 3268         (b)2. The actual number of individuals covered at the
 3269  current funding and benefit level, the projected number of
 3270  individuals that may seek coverage in the forthcoming fiscal
 3271  year, and the projected funding needed to cover anticipated
 3272  increase or decrease in plan participation.
 3273         (c)3. A recommendation as to the best source of funding for
 3274  the anticipated deficits of the pool.
 3275         (d)4. A summary summarization of the activities of the plan
 3276  in the preceding calendar year, including the net written and
 3277  earned premiums, plan enrollment, the expense of administration,
 3278  and the paid and incurred losses.
 3279         (e)5. A review of the operation of the plan as to whether
 3280  the plan has met the intent of this section.
 3281  
 3282  The board may not implement the Florida Health Insurance Plan
 3283  until funds are appropriated for startup costs and any projected
 3284  deficits; however, the board may complete the actuarial study
 3285  authorized in this subsection.
 3286         Section 160. Subsections (5) and (7) of section 744.708,
 3287  Florida Statutes, are amended to read:
 3288         744.708 Reports and standards.—
 3289         (5)(a) Each office of public guardian shall undergo an
 3290  independent audit by a qualified certified public accountant at
 3291  least once every 2 years. A copy of the audit report shall be
 3292  submitted to the Statewide Public Guardianship Office.
 3293         (b) In addition to regular monitoring activities, the
 3294  Statewide Public Guardianship Office shall conduct an
 3295  investigation into the practices of each office of public
 3296  guardian related to the managing of each ward’s personal affairs
 3297  and property. If When feasible, the investigation required under
 3298  this paragraph shall be conducted in conjunction with the
 3299  financial audit of each office of public guardian under
 3300  paragraph (a).
 3301         (c) In addition, each office of public guardian shall be
 3302  subject to audits or examinations by the Auditor General and the
 3303  Office of Program Policy Analysis and Government Accountability
 3304  pursuant to law.
 3305         (7) The ratio for professional staff to wards shall be 1
 3306  professional to 40 wards. The Statewide Public Guardianship
 3307  Office may increase or decrease the ratio after consultation
 3308  with the local public guardian and the chief judge of the
 3309  circuit court. The basis for of the decision to increase or
 3310  decrease the prescribed ratio must shall be included reported in
 3311  the annual report to the secretary of Elderly Affairs, the
 3312  Governor, the President of the Senate, the Speaker of the House
 3313  of Representatives, and the Chief Justice of the Supreme Court.
 3314         Section 161. Subsection (6) of section 768.295, Florida
 3315  Statutes, is amended to read:
 3316         768.295 Strategic Lawsuits Against Public Participation
 3317  (SLAPP) suits by governmental entities prohibited.—
 3318         (6) In any case filed by a governmental entity which is
 3319  found by a court to be in violation of this section, the
 3320  governmental entity shall report such finding and provide a copy
 3321  of the court’s order to the Attorney General no later than 30
 3322  days after the such order is final. The Attorney General shall
 3323  maintain a record of the court orders report any violation of
 3324  this section by a governmental entity to the Cabinet, the
 3325  President of the Senate, and the Speaker of the House of
 3326  Representatives. A copy of such report shall be provided to the
 3327  affected governmental entity.
 3328         Section 162. Subsection (8) of section 790.22, Florida
 3329  Statutes, is amended to read:
 3330         790.22 Use of BB guns, air or gas-operated guns, or
 3331  electric weapons or devices by minor under 16; limitation;
 3332  possession of firearms by minor under 18 prohibited; penalties.—
 3333         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 3334  under 18 years of age is charged with an offense that involves
 3335  the use or possession of a firearm, as defined in s. 790.001,
 3336  including a violation of subsection (3), or is charged for any
 3337  offense during the commission of which the minor possessed a
 3338  firearm, the minor shall be detained in secure detention, unless
 3339  the state attorney authorizes the release of the minor, and
 3340  shall be given a hearing within 24 hours after being taken into
 3341  custody. At the hearing, the court may order that the minor
 3342  continue to be held in secure detention in accordance with the
 3343  applicable time periods specified in s. 985.26(1)-(5), if the
 3344  court finds that the minor meets the criteria specified in s.
 3345  985.255, or if the court finds by clear and convincing evidence
 3346  that the minor is a clear and present danger to himself or
 3347  herself or the community. The Department of Juvenile Justice
 3348  shall prepare a form for all minors charged under this
 3349  subsection which that states the period of detention and the
 3350  relevant demographic information, including, but not limited to,
 3351  the gender sex, age, and race of the minor; whether or not the
 3352  minor was represented by private counsel or a public defender;
 3353  the current offense; and the minor’s complete prior record,
 3354  including any pending cases. The form shall be provided to the
 3355  judge for to be considered when determining whether the minor
 3356  should be continued in secure detention under this subsection.
 3357  An order placing a minor in secure detention because the minor
 3358  is a clear and present danger to himself or herself or the
 3359  community must be in writing, must specify the need for
 3360  detention and the benefits derived by the minor or the community
 3361  by placing the minor in secure detention, and must include a
 3362  copy of the form provided by the department. The Department of
 3363  Juvenile Justice must send the form, including a copy of any
 3364  order, without client-identifying information, to the Office of
 3365  Economic and Demographic Research.
 3366         Section 163. Section 943.125, Florida Statutes, is amended
 3367  to read:
 3368         943.125 Law enforcement agency accreditation; intent.—
 3369         (1) LEGISLATIVE INTENT.—
 3370         (1)(a) It is the intent of the Legislature that law
 3371  enforcement agencies in the state be upgraded and strengthened
 3372  through the adoption of meaningful standards of operation for
 3373  those agencies.
 3374         (2)(b) It is the further intent of the Legislature that law
 3375  enforcement agencies voluntarily adopt standards designed to
 3376  promote equal and fair law enforcement, to maximize the
 3377  capability of law enforcement agencies to prevent and control
 3378  criminal activities, and to increase interagency cooperation
 3379  throughout the state.
 3380         (3)(c) It is further the intent of the Legislature to
 3381  encourage the Florida Sheriffs Association and the Florida
 3382  Police Chiefs Association to develop, either jointly or
 3383  separately, a law enforcement agency accreditation program. The
 3384  Such program must shall be independent of any law enforcement
 3385  agency, the Florida Sheriffs Association, or the Florida Police
 3386  Chiefs Association. The Any such law enforcement agency
 3387  accreditation program must should address, at a minimum, the
 3388  following aspects of law enforcement:
 3389         (a)1. Vehicle pursuits.
 3390         (b)2. Seizure and forfeiture of contraband articles.
 3391         (c)3. Recording and processing citizens’ complaints.
 3392         (d)4. Use of force.
 3393         (e)5. Traffic stops.
 3394         (f)6. Handling natural and manmade disasters.
 3395         (g)7. Special operations.
 3396         (h)8. Prisoner transfer.
 3397         (i)9. Collection and preservation of evidence.
 3398         (j)10. Recruitment and selection.
 3399         (k)11. Officer training.
 3400         (l)12. Performance evaluations.
 3401         (m)13. Law enforcement disciplinary procedures and rights.
 3402         (n)14. Use of criminal investigative funds.
 3403         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 3404  Association and the Florida Police Chiefs Association, either
 3405  jointly or separately, shall report to the Speaker of the House
 3406  of Representatives and the President of the Senate regarding the
 3407  feasibility of a law enforcement agency accreditation program
 3408  and the status of the efforts of the Florida Sheriffs
 3409  Association and the Florida Police Chiefs Association to develop
 3410  a law enforcement agency accreditation program as provided in
 3411  this section.
 3412         Section 164. Subsection (9) of section 943.68, Florida
 3413  Statutes, is amended to read:
 3414         943.68 Transportation and protective services.—
 3415         (9) The department shall submit a report each July 15 to
 3416  the President of the Senate, Speaker of the House of
 3417  Representatives, Governor, the Legislature, and members of the
 3418  Cabinet, detailing all transportation and protective services
 3419  provided under subsections (1), (5), and (6) within the
 3420  preceding fiscal year. Each report shall include a detailed
 3421  accounting of the cost of such transportation and protective
 3422  services, including the names of persons provided such services
 3423  and the nature of state business performed.
 3424         Section 165. Paragraph (f) of subsection (3) of section
 3425  944.801, Florida Statutes, is amended to read:
 3426         944.801 Education for state prisoners.—
 3427         (3) The responsibilities of the Correctional Education
 3428  Program shall be to:
 3429         (f) Report annual activities to the Secretary of
 3430  Corrections, the Commissioner of Education, the Governor, and
 3431  the Legislature.
 3432         Section 166. Subsection (10) of section 945.35, Florida
 3433  Statutes, is repealed.
 3434         Section 167. Subsection (9) of section 958.045, Florida
 3435  Statutes, is repealed.
 3436         Section 168. Paragraph (c) of subsection (1) of section
 3437  960.045, Florida Statutes, is amended to read:
 3438         960.045 Department of Legal Affairs; powers and duties.—It
 3439  shall be the duty of the department to assist persons who are
 3440  victims of crime.
 3441         (1) The department shall:
 3442         (c) Prepare an annual Render, prior to January 1 of each
 3443  year, to the presiding officers of the Senate and House of
 3444  Representatives a written report of the activities of the Crime
 3445  Victims’ Services Office, which shall be available on the
 3446  department’s Internet website.
 3447         Section 169. Paragraph (c) of subsection (8) of section
 3448  985.02, Florida Statutes, is repealed.
 3449         Section 170. Subsections (3), (4), and (5) of section
 3450  985.047, Florida Statutes, are amended to read:
 3451         985.047 Information systems.—
 3452         (3) In order to assist in the integration of the
 3453  information to be shared, the sharing of information obtained,
 3454  the joint planning on diversion and early intervention
 3455  strategies for juveniles at risk of becoming serious habitual
 3456  juvenile offenders, and the intervention strategies for serious
 3457  habitual juvenile offenders, a multiagency task force should be
 3458  organized and utilized by the law enforcement agency or county
 3459  in conjunction with the initiation of the information system
 3460  described in subsections (1) and (2). The multiagency task force
 3461  shall be composed of representatives of those agencies and
 3462  persons providing information for the central identification
 3463  file and the multiagency information sheet.
 3464         (4) This multiagency task force shall develop a plan for
 3465  the information system that includes measures which identify and
 3466  address any disproportionate representation of ethnic or racial
 3467  minorities in the information systems and shall develop
 3468  strategies that address the protection of individual
 3469  constitutional rights.
 3470         (3)(5)A Any law enforcement agency, or county that which
 3471  implements a juvenile offender information system and the
 3472  multiagency task force which maintain the information system
 3473  must annually provide any information gathered during the
 3474  previous year to the delinquency and gang prevention council of
 3475  the judicial circuit in which the county is located. This
 3476  information must shall include the number, types, and patterns
 3477  of delinquency tracked by the juvenile offender information
 3478  system.
 3479         Section 171. Paragraph (a) of subsection (8) of section
 3480  985.47, Florida Statutes, is amended to read:
 3481         985.47 Serious or habitual juvenile offender.—
 3482         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3483  chapter and the establishment of appropriate program guidelines
 3484  and standards, contractual instruments, which shall include
 3485  safeguards of all constitutional rights, shall be developed as
 3486  follows:
 3487         (a) The department shall provide for:
 3488         1. The Oversight of the implementation of assessment and
 3489  treatment approaches.
 3490         2. The Identification and prequalification of appropriate
 3491  individuals or not-for-profit organizations, including minority
 3492  individuals or organizations when possible, to provide
 3493  assessment and treatment services to serious or habitual
 3494  delinquent children.
 3495         3. The Monitoring and evaluation of assessment and
 3496  treatment services for compliance with this chapter and all
 3497  applicable rules and guidelines pursuant thereto.
 3498         4. The development of an annual report on the performance
 3499  of assessment and treatment to be presented to the Governor, the
 3500  Attorney General, the President of the Senate, the Speaker of
 3501  the House of Representatives, and the Auditor General no later
 3502  than January 1 of each year.
 3503         Section 172. Paragraph (a) of subsection (8) of section
 3504  985.483, Florida Statutes, is amended to read:
 3505         985.483 Intensive residential treatment program for
 3506  offenders less than 13 years of age.—
 3507         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3508  chapter and the establishment of appropriate program guidelines
 3509  and standards, contractual instruments, which shall include
 3510  safeguards of all constitutional rights, shall be developed for
 3511  intensive residential treatment programs for offenders less than
 3512  13 years of age as follows:
 3513         (a) The department shall provide for:
 3514         1. The Oversight of the implementation of assessment and
 3515  treatment approaches.
 3516         2. The Identification and prequalification of appropriate
 3517  individuals or not-for-profit organizations, including minority
 3518  individuals or organizations when possible, to provide
 3519  assessment and treatment services to intensive offenders less
 3520  than 13 years of age.
 3521         3. The Monitoring and evaluation of assessment and
 3522  treatment services for compliance with this chapter and all
 3523  applicable rules and guidelines pursuant thereto.
 3524         4. The development of an annual report on the performance
 3525  of assessment and treatment to be presented to the Governor, the
 3526  Attorney General, the President of the Senate, the Speaker of
 3527  the House of Representatives, the Auditor General, and the
 3528  Office of Program Policy Analysis and Government Accountability
 3529  no later than January 1 of each year.
 3530         Section 173. Subsection (5) of section 985.61, Florida
 3531  Statutes, is repealed.
 3532         Section 174. Subsection (1) of section 985.622, Florida
 3533  Statutes, is amended to read:
 3534         985.622 Multiagency plan for vocational education.—
 3535         (1) The Department of Juvenile Justice and the Department
 3536  of Education shall, in consultation with the statewide Workforce
 3537  Development Youth Council, school districts, providers, and
 3538  others, jointly develop a multiagency plan for vocational
 3539  education that establishes the curriculum, goals, and outcome
 3540  measures for vocational programs in juvenile commitment
 3541  facilities. The plan must include:
 3542         (a) Provisions for maximizing appropriate state and federal
 3543  funding sources, including funds under the Workforce Investment
 3544  Act and the Perkins Act;
 3545         (b) The responsibilities of both departments and all other
 3546  appropriate entities; and
 3547         (c) A detailed implementation schedule.
 3548  
 3549  The plan must be submitted to the Governor, the President of the
 3550  Senate, and the Speaker of the House of Representatives by May
 3551  1, 2001.
 3552         Section 175. Subsection (7) of section 985.632, Florida
 3553  Statutes, is repealed.
 3554         Section 176. Subsection (19) of section 1002.34, Florida
 3555  Statutes, is repealed.
 3556         Section 177. Subsection (4) of section 1003.61, Florida
 3557  Statutes, is repealed.
 3558         Section 178. Subsections (5) through (13) of section
 3559  1004.22, Florida Statutes, are amended to read:
 3560         1004.22 Divisions of sponsored research at state
 3561  universities.—
 3562         (5) Moneys deposited in the permanent sponsored research
 3563  development fund of a university shall be disbursed in
 3564  accordance with the terms of the contract, grant, or donation
 3565  under which they are received. Moneys received for overhead or
 3566  indirect costs and other moneys not required for the payment of
 3567  direct costs shall be applied to the cost of operating the
 3568  division of sponsored research. Any surplus moneys shall be used
 3569  to support other research or sponsored training programs in any
 3570  area of the university. Transportation and per diem expense
 3571  allowances are shall be the same as those provided by law in s.
 3572  112.061, except that personnel performing travel under a
 3573  sponsored research subcontract may be reimbursed for travel
 3574  expenses in accordance with the provisions of the applicable
 3575  prime contract or grant and the travel allowances established by
 3576  the subcontractor, subject to the requirements of subsection (6)
 3577  (7), or except as provided in subsection (10) (11).
 3578         (6)(a) Each university shall submit to the Board of
 3579  Governors a report of the activities of each division of
 3580  sponsored research together with an estimated budget for the
 3581  next fiscal year.
 3582         (b) Not less than 90 days prior to the convening of each
 3583  regular session of the Legislature in which an appropriation
 3584  shall be made, the Board of Governors shall submit to the chair
 3585  of the appropriations committee of each house of the Legislature
 3586  a compiled report, together with a compiled estimated budget for
 3587  the next fiscal year. A copy of such report and estimated budget
 3588  shall be furnished to the Governor, as the chief budget officer
 3589  of the state.
 3590         (6)(7) All purchases of a division of sponsored research
 3591  shall be made in accordance with the policies and procedures of
 3592  the university pursuant to guidelines of the Board of Governors;
 3593  however, upon certification addressed to the university
 3594  president that it is necessary for the efficient or expeditious
 3595  prosecution of a research project, the president may exempt the
 3596  purchase of material, supplies, equipment, or services for
 3597  research purposes from the general purchasing requirement of
 3598  state law the Florida Statutes.
 3599         (7)(8) The university may authorize the construction,
 3600  alteration, or remodeling of buildings if when the funds used
 3601  are derived entirely from the sponsored research development
 3602  fund of a university or from that fund in combination with other
 3603  nonstate sources and if, provided that such construction,
 3604  alteration, or remodeling is for use exclusively in the area of
 3605  research. The university may; it also may authorize the
 3606  acquisition of real property if when the cost is entirely from
 3607  the said funds. Title to all real property purchased before
 3608  prior to January 7, 2003, or with funds appropriated by the
 3609  Legislature shall vest in the Board of Trustees of the Internal
 3610  Improvement Trust Fund and may shall only be transferred or
 3611  conveyed only by it.
 3612         (8)(9) The sponsored research programs of the Institute of
 3613  Food and Agricultural Sciences, the University of Florida Health
 3614  Science Center, and the engineering and industrial experiment
 3615  station shall continue to be centered at the University of
 3616  Florida as heretofore provided by law. Indirect cost
 3617  reimbursements of all grants deposited in the Division of
 3618  Sponsored Research shall be distributed directly to the above
 3619  units in direct proportion to the amounts earned by each unit.
 3620         (9)(10) The operation of the divisions of sponsored
 3621  research and the conduct of the sponsored research program are
 3622  exempt expressly exempted from the provisions of any law other
 3623  laws or portions of laws in conflict with this subsection
 3624  herewith and are, subject to the requirements of subsection (6)
 3625  (7), exempt exempted from the provisions of chapters 215, 216,
 3626  and 283.
 3627         (10)(11) The divisions of sponsored research may pay, by
 3628  advancement or reimbursement, or a combination thereof, the
 3629  costs of per diem of university employees and of other
 3630  authorized persons, as defined in s. 112.061(2)(e), for foreign
 3631  travel up to the current rates as stated in the grant and
 3632  contract terms and may also pay incidental expenses as
 3633  authorized by s. 112.061(8). This subsection applies to any
 3634  university employee traveling in foreign countries for sponsored
 3635  programs of the university, if such travel expenses are approved
 3636  in the terms of the contract or grant. The provisions of s.
 3637  112.061, other than those relating to per diem, apply to the
 3638  travel described in this subsection. As used in this subsection,
 3639  the term “foreign travel” means any travel outside the United
 3640  States and its territories and possessions and Canada. Persons
 3641  traveling in foreign countries pursuant to this section are
 3642  shall not be entitled to reimbursements or advancements pursuant
 3643  to s. 112.061(6)(a)2. for such travel.
 3644         (11)(12) Each division of sponsored research may is
 3645  authorized to advance funds to any principal investigator who,
 3646  under the contract or grant terms, will be performing a portion
 3647  of his or her research at a site that is remote from the
 3648  university. Funds may shall be advanced only to employees who
 3649  have executed a proper power of attorney with the university to
 3650  ensure the proper collection of the such advanced funds if it
 3651  becomes necessary. As used in this subsection, the term “remote”
 3652  means so far removed from the university as to render normal
 3653  purchasing and payroll functions ineffective.
 3654         (12)(13) Each university board of trustees may is
 3655  authorized to adopt rules, as necessary, to administer this
 3656  section.
 3657         Section 179. Subsection (6) of section 1004.50, Florida
 3658  Statutes, is repealed.
 3659         Section 180. Subsections (2) and (4) of section 1004.94,
 3660  Florida Statutes, are repealed.
 3661         Section 181. Subsection (4) of section 1004.95, Florida
 3662  Statutes, is amended to read:
 3663         1004.95 Adult literacy centers.—
 3664         (4) The State Board of Education shall develop rules for
 3665  implementing this section, including criteria for evaluating the
 3666  performance of the centers, and shall submit an evaluation
 3667  report of the centers to the Legislature on or before February 1
 3668  of each year.
 3669         Section 182. Section 1006.0605, Florida Statutes, is
 3670  repealed.
 3671         Section 183. Section 1006.67, Florida Statutes, is
 3672  repealed.
 3673         Section 184. Subsection (8) of section 1009.70, Florida
 3674  Statutes, is amended to read:
 3675         1009.70 Florida Education Fund.—
 3676         (8) There is created a legal education component of the
 3677  Florida Education Fund to provide the opportunity for minorities
 3678  to attain representation within the legal profession
 3679  proportionate to their representation within the general
 3680  population. The legal education component of the Florida
 3681  Education Fund includes a law school program and a pre-law
 3682  program.
 3683         (a) The law school scholarship program of the Florida
 3684  Education Fund is to be administered by the Board of Directors
 3685  of the Florida Education Fund for the purpose of increasing by
 3686  200 the number of minority students enrolled in law schools in
 3687  this state by 200. Implementation of this program is to be
 3688  phased in over a 3-year period.
 3689         1. The board of directors shall provide financial,
 3690  academic, and other support to students selected for
 3691  participation in this program from funds appropriated by the
 3692  Legislature.
 3693         2. Student selection must be made in accordance with rules
 3694  adopted by the board of directors for that purpose and must be
 3695  based, at least in part, on an assessment of potential for
 3696  success, merit, and financial need.
 3697         3. Support must be made available to students who enroll in
 3698  private, as well as public, law schools in this state which are
 3699  accredited by the American Bar Association.
 3700         4. Scholarships must be paid directly to the participating
 3701  students.
 3702         5. Students who participate in this program must agree in
 3703  writing to sit for The Florida Bar examination and, upon
 3704  successful admission to The Florida Bar, to either practice law
 3705  in the state for a period of time equal to the amount of time
 3706  for which the student received aid, up to 3 years, or repay the
 3707  amount of aid received.
 3708         6. Annually, the board of directors shall compile a report
 3709  that includes a description of the selection process, an
 3710  analysis of the academic progress of all scholarship recipients,
 3711  and an analysis of expenditures. This report must be submitted
 3712  to the President of the Senate, the Speaker of the House of
 3713  Representatives, and the Governor.
 3714         (b) The minority pre-law scholarship loan program of the
 3715  Florida Education Fund is to be administered by the Board of
 3716  Directors of the Florida Education Fund for the purpose of
 3717  increasing the opportunity of minority students to prepare for
 3718  law school.
 3719         1. From funds appropriated by the Legislature, the board of
 3720  directors shall provide for student fees, room, board, books,
 3721  supplies, and academic and other support to selected minority
 3722  undergraduate students matriculating at eligible public and
 3723  independent colleges and universities in Florida.
 3724         2. Student selection must be made in accordance with rules
 3725  adopted by the board of directors for that purpose and must be
 3726  based, at least in part, on an assessment of potential for
 3727  success, merit, and financial need.
 3728         3. To be eligible, a student must make a written agreement
 3729  to enter or be accepted to enter a law school in this state
 3730  within 2 years after graduation or repay the scholarship loan
 3731  amount plus interest at the prevailing rate.
 3732         4. Recipients who fail to gain admission to a law school
 3733  within the specified period of time, may, upon admission to law
 3734  school, be eligible to have their loans canceled.
 3735         5. Minority pre-law scholarship loans shall be provided to
 3736  34 minority students per year for up to 4 years each, for a
 3737  total of 136 scholarship loans. To continue receiving receipt of
 3738  scholarship loans, recipients must maintain a 2.75 grade point
 3739  average for the freshman year and a 3.25 grade point average
 3740  thereafter. Participants must also take specialized courses to
 3741  enhance competencies in English and logic.
 3742         6. The board of directors shall maintain records on all
 3743  scholarship loan recipients. Participating institutions shall
 3744  submit academic progress reports to the board of directors
 3745  following each academic term. Annually, the board of directors
 3746  shall compile a report that includes a description of the
 3747  selection process, an analysis of the academic progress of all
 3748  scholarship loan recipients, and an analysis of expenditures.
 3749  This report must be submitted to the President of the Senate,
 3750  the Speaker of the House of Representatives, and the Governor.
 3751         Section 185. Subsection (8) of section 1011.32, Florida
 3752  Statutes, is amended to read:
 3753         1011.32 Community College Facility Enhancement Challenge
 3754  Grant Program.—
 3755         (8) By September 1 of each year, the State Board of
 3756  Education shall transmit to the Governor and the Legislature a
 3757  list of projects that which meet all eligibility requirements to
 3758  participate in the Community College Facility Enhancement
 3759  Challenge Grant Program and a budget request that which includes
 3760  the recommended schedule necessary to complete each project.
 3761         Section 186. Paragraph (s) of subsection (1) of section
 3762  1011.62, Florida Statutes, is amended to read:
 3763         1011.62 Funds for operation of schools.—If the annual
 3764  allocation from the Florida Education Finance Program to each
 3765  district for operation of schools is not determined in the
 3766  annual appropriations act or the substantive bill implementing
 3767  the annual appropriations act, it shall be determined as
 3768  follows:
 3769         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 3770  OPERATION.—The following procedure shall be followed in
 3771  determining the annual allocation to each district for
 3772  operation:
 3773         (s) Extended-school-year program.—It is the intent of the
 3774  Legislature that students be provided additional instruction by
 3775  extending the school year to 210 days or more. Districts may
 3776  apply to the Commissioner of Education for funds to be used in
 3777  planning and implementing an extended-school-year program. The
 3778  Department of Education shall recommend to the Legislature the
 3779  policies necessary for full implementation of an extended school
 3780  year.
 3781         Section 187. Paragraph (l) of subsection (2) of section
 3782  1012.05, Florida Statutes, is repealed.
 3783         Section 188. Subsection (1) of section 1012.42, Florida
 3784  Statutes, is amended to read:
 3785         1012.42 Teacher teaching out-of-field.—
 3786         (1) ASSISTANCE.—Each district school board shall adopt and
 3787  implement a plan to assist any teacher teaching out-of-field,
 3788  and priority consideration in professional development
 3789  activities shall be given to a teacher teachers who is are
 3790  teaching out-of-field. The district school board shall require
 3791  that the teacher such teachers participate in a certification or
 3792  staff development program designed to provide the teacher with
 3793  the competencies required for the assigned duties. The board
 3794  approved assistance plan must include duties of administrative
 3795  personnel and other instructional personnel to provide students
 3796  with instructional services. Each district school board shall
 3797  contact its regional workforce board, created pursuant to s.
 3798  445.007, to identify resources that may assist teachers who are
 3799  teaching out-of-field and who are pursuing certification.
 3800         Section 189. Section 1013.11, Florida Statutes, is amended
 3801  to read:
 3802         1013.11 Postsecondary institutions assessment of physical
 3803  plant safety.—The president of each postsecondary institution
 3804  shall conduct or cause to be conducted an annual assessment of
 3805  physical plant safety. An annual report shall incorporate the
 3806  assessment findings obtained through such assessment and
 3807  recommendations for the improvement of safety on each campus.
 3808  The annual report shall be submitted to the respective governing
 3809  or licensing board of jurisdiction no later than January 1 of
 3810  each year. Each board shall compile the individual institutional
 3811  reports and convey the aggregate institutional reports to the
 3812  Commissioner of Education or the Chancellor of the State
 3813  University System, as appropriate. The Commissioner of Education
 3814  and the Chancellor of the State University System shall convey
 3815  these reports and the reports required in s. 1006.67 to the
 3816  President of the Senate and the Speaker of the House of
 3817  Representatives no later than March 1 of each year.
 3818         Section 190. Subsection (3) of section 161.142, Florida
 3819  Statutes, is amended to read:
 3820         161.142 Declaration of public policy relating to improved
 3821  navigation inlets.—The Legislature recognizes the need for
 3822  maintaining navigation inlets to promote commercial and
 3823  recreational uses of our coastal waters and their resources. The
 3824  Legislature further recognizes that inlets interrupt or alter
 3825  the natural drift of beach-quality sand resources, which often
 3826  results in these sand resources being deposited in nearshore
 3827  areas or in the inlet channel, or in the inland waterway
 3828  adjacent to the inlet, instead of providing natural nourishment
 3829  to the adjacent eroding beaches. Accordingly, the Legislature
 3830  finds it is in the public interest to replicate the natural
 3831  drift of sand which is interrupted or altered by inlets to be
 3832  replaced and for each level of government to undertake all
 3833  reasonable efforts to maximize inlet sand bypassing to ensure
 3834  that beach-quality sand is placed on adjacent eroding beaches.
 3835  Such activities cannot make up for the historical sand deficits
 3836  caused by inlets but shall be designed to balance the sediment
 3837  budget of the inlet and adjacent beaches and extend the life of
 3838  proximate beach-restoration projects so that periodic
 3839  nourishment is needed less frequently. Therefore, in furtherance
 3840  of this declaration of public policy and the Legislature’s
 3841  intent to redirect and recommit the state’s comprehensive beach
 3842  management efforts to address the beach erosion caused by
 3843  inlets, the department shall ensure that:
 3844         (3) Construction waterward of the coastal construction
 3845  control line on downdrift coastal areas, on islands
 3846  substantially created by the deposit of spoil, located within 1
 3847  mile of the centerline of navigation channels or inlets,
 3848  providing access to ports listed in s. 403.021(9)(b), which
 3849  suffers or has suffered erosion caused by such navigation
 3850  channel maintenance or construction shall be exempt from the
 3851  permitting requirements and prohibitions of s. 161.053(4)(5) or
 3852  (5)(6); however, such construction shall comply with the
 3853  applicable Florida Building Code adopted pursuant to s. 553.73.
 3854  The timing and sequence of any construction activities
 3855  associated with inlet management projects shall provide
 3856  protection to nesting sea turtles and their hatchlings and
 3857  habitats, to nesting shorebirds, and to native salt-resistant
 3858  vegetation and endangered plant communities. Beach-quality sand
 3859  placed on the beach as part of an inlet management project must
 3860  be suitable for marine turtle nesting.
 3861         Section 191. Paragraph (a) of subsection (4) of section
 3862  163.065, Florida Statutes, is amended to read:
 3863         163.065 Miami River Improvement Act.—
 3864         (4) PLAN.—The Miami River Commission, working with the City
 3865  of Miami and Miami-Dade County, shall consider the merits of the
 3866  following:
 3867         (a) Development and adoption of an urban infill and
 3868  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 3869  163.2526, which and participating state and regional agencies
 3870  shall review the proposed plan for the purposes of determining
 3871  consistency with applicable law.
 3872         Section 192. Subsection (1) of section 163.2511, Florida
 3873  Statutes, is amended to read:
 3874         163.2511 Urban infill and redevelopment.—
 3875         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 3876  cited as the “Growth Policy Act.”
 3877         Section 193. Section 163.2514, Florida Statutes, is amended
 3878  to read:
 3879         163.2514 Growth Policy Act; definitions.—As used in ss.
 3880  163.2511-163.2523, the term ss. 163.2511-163.2526:
 3881         (1) “Local government” means any county or municipality.
 3882         (2) “Urban infill and redevelopment area” means an area or
 3883  areas designated by a local government where:
 3884         (a) Public services such as water and wastewater,
 3885  transportation, schools, and recreation are already available or
 3886  are scheduled to be provided in an adopted 5-year schedule of
 3887  capital improvements;
 3888         (b) The area, or one or more neighborhoods within the area,
 3889  suffers from pervasive poverty, unemployment, and general
 3890  distress as defined by s. 290.0058;
 3891         (c) The area exhibits a proportion of properties that are
 3892  substandard, overcrowded, dilapidated, vacant or abandoned, or
 3893  functionally obsolete which is higher than the average for the
 3894  local government;
 3895         (d) More than 50 percent of the area is within 1/4 mile of
 3896  a transit stop, or a sufficient number of such transit stops
 3897  will be made available concurrent with the designation; and
 3898         (e) The area includes or is adjacent to community
 3899  redevelopment areas, brownfields, enterprise zones, or Main
 3900  Street programs, or has been designated by the state or Federal
 3901  Government as an urban redevelopment, revitalization, or infill
 3902  area under empowerment zone, enterprise community, or brownfield
 3903  showcase community programs or similar programs.
 3904         Section 194. Subsection (2) of section 163.3202, Florida
 3905  Statutes, is amended to read:
 3906         163.3202 Land development regulations.—
 3907         (2) Local land development regulations shall contain
 3908  specific and detailed provisions necessary or desirable to
 3909  implement the adopted comprehensive plan and shall at as a
 3910  minimum:
 3911         (a) Regulate the subdivision of land.
 3912         (b) Regulate the use of land and water for those land use
 3913  categories included in the land use element and ensure the
 3914  compatibility of adjacent uses and provide for open space.
 3915         (c) Provide for protection of potable water wellfields.
 3916         (d) Regulate areas subject to seasonal and periodic
 3917  flooding and provide for drainage and stormwater management.
 3918         (e) Ensure the protection of environmentally sensitive
 3919  lands designated in the comprehensive plan.
 3920         (f) Regulate signage.
 3921         (g) Provide that public facilities and services meet or
 3922  exceed the standards established in the capital improvements
 3923  element required by s. 163.3177 and are available when needed
 3924  for the development, or that development orders and permits are
 3925  conditioned on the availability of these public facilities and
 3926  services necessary to serve the proposed development. Not later
 3927  than 1 year after its due date established by the state land
 3928  planning agency’s rule for submission of local comprehensive
 3929  plans pursuant to s. 163.3167(2), A local government may shall
 3930  not issue a development order or permit that which results in a
 3931  reduction in the level of services for the affected public
 3932  facilities below the level of services provided in the local
 3933  government’s comprehensive plan of the local government.
 3934         (h) Ensure safe and convenient onsite traffic flow,
 3935  considering needed vehicle parking.
 3936         Section 195. Paragraph (b) of subsection (11) of section
 3937  259.041, Florida Statutes, is amended to read:
 3938         259.041 Acquisition of state-owned lands for preservation,
 3939  conservation, and recreation purposes.—
 3940         (11)
 3941         (b) All project applications shall identify, within their
 3942  acquisition plans, those projects that which require a full fee
 3943  simple interest to achieve the public policy goals, together
 3944  with the reasons full title is determined to be necessary. The
 3945  state agencies and the water management districts may use
 3946  alternatives to fee simple acquisition to bring the remaining
 3947  projects in their acquisition plans under public protection. For
 3948  the purposes of this subsection, the term “alternatives to fee
 3949  simple acquisition” includes, but is not limited to: purchase of
 3950  development rights; obtaining conservation easements; obtaining
 3951  flowage easements; purchase of timber rights, mineral rights, or
 3952  hunting rights; purchase of agricultural interests or
 3953  silvicultural interests; entering into land protection
 3954  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 3955  simple acquisitions with reservations; creating life estates; or
 3956  any other acquisition technique that which achieves the public
 3957  policy goals listed in paragraph (a). It is presumed that a
 3958  private landowner retains the full range of uses for all the
 3959  rights or interests in the landowner’s land which are not
 3960  specifically acquired by the public agency. The lands upon which
 3961  hunting rights are specifically acquired pursuant to this
 3962  paragraph shall be available for hunting in accordance with the
 3963  management plan or hunting regulations adopted by the Florida
 3964  Fish and Wildlife Conservation Commission, unless the hunting
 3965  rights are purchased specifically to protect activities on
 3966  adjacent lands.
 3967         Section 196. Paragraph (c) of subsection (3) of section
 3968  259.101, Florida Statutes, is amended to read:
 3969         259.101 Florida Preservation 2000 Act.—
 3970         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 3971  of issuance, the costs of funding reserve accounts, and other
 3972  costs with respect to the bonds, the proceeds of bonds issued
 3973  pursuant to this act shall be deposited into the Florida
 3974  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 3975  year 2000-2001, for each Florida Preservation 2000 program
 3976  described in paragraphs (a)-(g), that portion of each program’s
 3977  total remaining cash balance which, as of June 30, 2000, is in
 3978  excess of that program’s total remaining appropriation balances
 3979  shall be redistributed by the department and deposited into the
 3980  Save Our Everglades Trust Fund for land acquisition. For
 3981  purposes of calculating the total remaining cash balances for
 3982  this redistribution, the Florida Preservation 2000 Series 2000
 3983  bond proceeds, including interest thereon, and the fiscal year
 3984  1999-2000 General Appropriations Act amounts shall be deducted
 3985  from the remaining cash and appropriation balances,
 3986  respectively. The remaining proceeds shall be distributed by the
 3987  Department of Environmental Protection in the following manner:
 3988         (c) Ten percent to the Department of Community Affairs to
 3989  provide land acquisition grants and loans to local governments
 3990  through the Florida Communities Trust pursuant to part III of
 3991  chapter 380. From funds allocated to the trust, $3 million
 3992  annually shall be used by the Division of State Lands within the
 3993  Department of Environmental Protection to implement the Green
 3994  Swamp Land Protection Initiative specifically for the purchase
 3995  of conservation easements, as defined in s. 380.0677(3) s.
 3996  380.0677(4), of lands, or severable interests or rights in
 3997  lands, in the Green Swamp Area of Critical State Concern. From
 3998  funds allocated to the trust, $3 million annually shall be used
 3999  by the Monroe County Comprehensive Plan Land Authority
 4000  specifically for the purchase of a any real property interest in
 4001  either those lands subject to the Rate of Growth Ordinances
 4002  adopted by local governments in Monroe County or those lands
 4003  within the boundary of an approved Conservation and Recreation
 4004  Lands project located within the Florida Keys or Key West Areas
 4005  of Critical State Concern; however, title to lands acquired
 4006  within the boundary of an approved Conservation and Recreation
 4007  Lands project may, in accordance with an approved joint
 4008  acquisition agreement, vest in the Board of Trustees of the
 4009  Internal Improvement Trust Fund. Of the remaining funds
 4010  allocated to the trust after the above transfers occur, one-half
 4011  shall be matched by local governments on a dollar-for-dollar
 4012  basis. To the extent allowed by federal requirements for the use
 4013  of bond proceeds, the trust shall expend Preservation 2000 funds
 4014  to carry out the purposes of part III of chapter 380.
 4015  
 4016  Local governments may use federal grants or loans, private
 4017  donations, or environmental mitigation funds, including
 4018  environmental mitigation funds required pursuant to s. 338.250,
 4019  for any part or all of any local match required for the purposes
 4020  described in this subsection. Bond proceeds allocated pursuant
 4021  to paragraph (c) may be used to purchase lands on the priority
 4022  lists developed pursuant to s. 259.035. Title to lands purchased
 4023  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 4024  vested in the Board of Trustees of the Internal Improvement
 4025  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 4026  may be vested in the Board of Trustees of the Internal
 4027  Improvement Trust Fund. The board of trustees shall hold title
 4028  to land protection agreements and conservation easements that
 4029  were or will be acquired pursuant to s. 380.0677, and the
 4030  Southwest Florida Water Management District and the St. Johns
 4031  River Water Management District shall monitor such agreements
 4032  and easements within their respective districts until the state
 4033  assumes this responsibility.
 4034         Section 197. Subsections (1) and (5) of section 369.305,
 4035  Florida Statutes, are amended to read:
 4036         369.305 Review of local comprehensive plans, land
 4037  development regulations, Wekiva River development permits, and
 4038  amendments.—
 4039         (1) It is the intent of the Legislature that comprehensive
 4040  plans and land development regulations of Orange, Lake, and
 4041  Seminole Counties be revised to protect the Wekiva River
 4042  Protection Area prior to the due dates established in ss.
 4043  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 4044  Administrative Code. It is also the intent of the Legislature
 4045  that Orange, Lake, and Seminole the Counties emphasize the
 4046  Wekiva River Protection Area this important state resource in
 4047  their planning and regulation efforts. Therefore, each county’s
 4048  county shall, by April 1, 1989, review and amend those portions
 4049  of its local comprehensive plan and its land development
 4050  regulations applicable to the Wekiva River Protection Area must,
 4051  and, if necessary, adopt additional land development regulations
 4052  which are applicable to the Wekiva River Protection Area to meet
 4053  the following criteria:
 4054         (a) Each county’s local comprehensive plan must shall
 4055  contain goals, policies, and objectives that which result in the
 4056  protection of the:
 4057         1. Water quantity, water quality, and hydrology of the
 4058  Wekiva River System;
 4059         2. Wetlands associated with the Wekiva River System;
 4060         3. Aquatic and wetland-dependent wildlife species
 4061  associated with the Wekiva River System;
 4062         4. Habitat within the Wekiva River Protection Area of
 4063  species designated pursuant to rules 39-27.003, 39-27.004, and
 4064  39-27.005, Florida Administrative Code; and
 4065         5. Native vegetation within the Wekiva River Protection
 4066  Area.
 4067         (b) The various land uses and densities and intensities of
 4068  development permitted by the local comprehensive plan shall
 4069  protect the resources enumerated in paragraph (a) and the rural
 4070  character of the Wekiva River Protection Area. The plan must
 4071  shall also include:
 4072         1. Provisions that to ensure the preservation of sufficient
 4073  habitat for feeding, nesting, roosting, and resting so as to
 4074  maintain viable populations of species designated pursuant to
 4075  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 4076  Administrative Code, within the Wekiva River Protection Area.
 4077         2. Restrictions on the clearing of native vegetation within
 4078  the 100-year flood plain.
 4079         3. Prohibition of development that is not low-density
 4080  residential in nature, unless the that development has less
 4081  effect impacts on natural resources than low-density residential
 4082  development.
 4083         4. Provisions for setbacks along the Wekiva River for areas
 4084  that do not fall within the protection zones established
 4085  pursuant to s. 373.415.
 4086         5. Restrictions on intensity of development adjacent to
 4087  publicly owned lands to prevent adverse impacts to such lands.
 4088         6. Restrictions on filling and alteration of wetlands in
 4089  the Wekiva River Protection Area.
 4090         7. Provisions encouraging clustering of residential
 4091  development if when it promotes protection of environmentally
 4092  sensitive areas, and ensures ensuring that residential
 4093  development in the aggregate are shall be of a rural in density
 4094  and character.
 4095         (c) The local comprehensive plan must shall require that
 4096  the density or intensity of development permitted on parcels of
 4097  property adjacent to the Wekiva River System be concentrated on
 4098  those portions of the parcels which are the farthest from the
 4099  surface waters and wetlands of the Wekiva River System.
 4100         (d) The local comprehensive plan must shall require that
 4101  parcels of land adjacent to the surface waters and watercourses
 4102  of the Wekiva River System not be subdivided so as to interfere
 4103  with the implementation of protection zones as established
 4104  pursuant to s. 373.415, any applicable setbacks from the surface
 4105  waters in the Wekiva River System which are established by local
 4106  governments, or the policy established in paragraph (c) of
 4107  concentrating development in the Wekiva River Protection Area as
 4108  far from the surface waters and wetlands of the Wekiva River
 4109  System as practicable.
 4110         (e) The local land development regulations must shall
 4111  implement the provisions of paragraphs (a), (b), (c), and (d)
 4112  and must shall also include restrictions on the location of
 4113  septic tanks and drainfields in the 100-year flood plain and
 4114  discharges of stormwater to the Wekiva River System.
 4115         (5) During the period of time between the effective date of
 4116  this act and the due date of a county’s revised local government
 4117  comprehensive plan as established by s. 163.3167(2) and chapter
 4118  9J-12, Florida Administrative Code, any local comprehensive plan
 4119  amendment or amendment to a land development regulation, adopted
 4120  or issued by a county, which applies to the Wekiva River
 4121  Protection Area, or any Wekiva River development permit adopted
 4122  by a county, solely within protection zones established pursuant
 4123  to s. 373.415, shall be sent to the department within 10 days
 4124  after its adoption or issuance by the local governing body but
 4125  shall not become effective until certified by the department as
 4126  being in compliance with purposes described in subsection (1).
 4127  The department shall make its decision on certification within
 4128  60 days after receipt of the amendment or development permit
 4129  solely within protection zones established pursuant to s.
 4130  373.415. The department’s decision on certification shall be
 4131  final agency action. This subsection shall not apply to any
 4132  amendments or new land development regulations adopted pursuant
 4133  to subsections (1)-(4) or to any development order approving,
 4134  approving with conditions, or denying a development of regional
 4135  impact.
 4136         Section 198. Paragraph (g) of subsection (1) of section
 4137  379.2431, Florida Statutes, is amended to read:
 4138         379.2431 Marine animals; regulation.—
 4139         (1) PROTECTION OF MARINE TURTLES.—
 4140         (g) The Department of Environmental Protection may
 4141  condition the nature, timing, and sequence of construction of
 4142  permitted activities to provide protection to nesting marine
 4143  turtles and hatchlings and their habitat pursuant to s.
 4144  161.053(4) the provisions of s. 161.053(5). If When the
 4145  department is considering a permit for a beach restoration,
 4146  beach renourishment, or inlet sand transfer project and the
 4147  applicant has had an active marine turtle nest relocation
 4148  program or the applicant has agreed to and has the ability to
 4149  administer a program, the department may must not restrict the
 4150  timing of the project. If Where appropriate, the department, in
 4151  accordance with the applicable rules of the Fish and Wildlife
 4152  Conservation Commission, shall require as a condition of the
 4153  permit that the applicant relocate and monitor all turtle nests
 4154  that would be affected by the beach restoration, beach
 4155  renourishment, or sand transfer activities. Such relocation and
 4156  monitoring activities shall be conducted in a manner that
 4157  ensures successful hatching. This limitation on the department’s
 4158  authority applies only on the Atlantic coast of Florida.
 4159         Section 199. Section 381.732, Florida Statutes, is amended
 4160  to read:
 4161         381.732 Short title; Healthy Communities, Healthy People
 4162  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 4163  the “Healthy Communities, Healthy People Act.”
 4164         Section 200. Section 381.733, Florida Statutes, is amended
 4165  to read:
 4166         381.733 Definitions relating to Healthy Communities,
 4167  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 4168  381.734, the term:
 4169         (1) “Department” means the Department of Health.
 4170         (2) “Primary prevention” means interventions directed
 4171  toward healthy populations with a focus on avoiding disease
 4172  before it occurs prior to its occurrence.
 4173         (3) “Secondary prevention” means interventions designed to
 4174  promote the early detection and treatment of diseases and to
 4175  reduce the risks experienced by at-risk populations.
 4176         (4) “Tertiary prevention” means interventions directed at
 4177  rehabilitating and minimizing the effects of disease in a
 4178  chronically ill population.
 4179         Section 201. Paragraph (d) of subsection (5) of section
 4180  411.01, Florida Statutes, is amended to read:
 4181         411.01 School readiness programs; early learning
 4182  coalitions.—
 4183         (5) CREATION OF EARLY LEARNING COALITIONS.—
 4184         (d) Implementation.—
 4185         1. An early learning coalition may not implement the school
 4186  readiness program until the coalition is authorized through
 4187  approval of the coalition’s school readiness plan is approved by
 4188  the Agency for Workforce Innovation.
 4189         2. Each early learning coalition shall develop a plan for
 4190  implementing the school readiness program to meet the
 4191  requirements of this section and the performance standards and
 4192  outcome measures adopted by the Agency for Workforce Innovation.
 4193  The plan must demonstrate how the program will ensure that each
 4194  3-year-old and 4-year-old child in a publicly funded school
 4195  readiness program receives scheduled activities and instruction
 4196  designed to enhance the age-appropriate progress of the children
 4197  in attaining the performance standards adopted by the agency for
 4198  Workforce Innovation under subparagraph (4)(d)8. Before
 4199  implementing the school readiness program, the early learning
 4200  coalition must submit the plan to the agency for Workforce
 4201  Innovation for approval. The agency for Workforce Innovation may
 4202  approve the plan, reject the plan, or approve the plan with
 4203  conditions. The agency for Workforce Innovation shall review
 4204  school readiness plans at least annually.
 4205         3. If the Agency for Workforce Innovation determines during
 4206  the annual review of school readiness plans, or through
 4207  monitoring and performance evaluations conducted under paragraph
 4208  (4)(l), that an early learning coalition has not substantially
 4209  implemented its plan, has not substantially met the performance
 4210  standards and outcome measures adopted by the agency, or has not
 4211  effectively administered the school readiness program or
 4212  Voluntary Prekindergarten Education Program, the agency for
 4213  Workforce Innovation may dissolve the coalition and temporarily
 4214  contract with a qualified entity to continue school readiness
 4215  and prekindergarten services in the coalition’s county or
 4216  multicounty region until the coalition is reestablished through
 4217  resubmission of a school readiness plan and approval by the
 4218  agency.
 4219         4. The Agency for Workforce Innovation shall adopt criteria
 4220  for the approval of school readiness plans. The criteria must be
 4221  consistent with the performance standards and outcome measures
 4222  adopted by the agency and must require each approved plan to
 4223  include the following minimum standards and provisions:
 4224         a. A sliding fee scale establishing a copayment for parents
 4225  based upon their ability to pay, which is the same for all
 4226  program providers, to be implemented and reflected in each
 4227  program’s budget.
 4228         b. A choice of settings and locations in licensed,
 4229  registered, religious-exempt, or school-based programs to be
 4230  provided to parents.
 4231         c. Instructional staff who have completed the training
 4232  course as required in s. 402.305(2)(d)1., as well as staff who
 4233  have additional training or credentials as required by the
 4234  Agency for Workforce Innovation. The plan must provide a method
 4235  for assuring the qualifications of all personnel in all program
 4236  settings.
 4237         d. Specific eligibility priorities for children within the
 4238  early learning coalition’s county or multicounty region in
 4239  accordance with subsection (6).
 4240         e. Performance standards and outcome measures adopted by
 4241  the agency for Workforce Innovation.
 4242         f. Payment rates adopted by the early learning coalition
 4243  and approved by the agency for Workforce Innovation. Payment
 4244  rates may not have the effect of limiting parental choice or
 4245  creating standards or levels of services that have not been
 4246  authorized by the Legislature.
 4247         g. Systems support services, including a central agency,
 4248  child care resource and referral, eligibility determinations,
 4249  training of providers, and parent support and involvement.
 4250         h. Direct enhancement services to families and children.
 4251  System support and direct enhancement services shall be in
 4252  addition to payments for the placement of children in school
 4253  readiness programs.
 4254         i. The business organization of the early learning
 4255  coalition, which must include the coalition’s articles of
 4256  incorporation and bylaws if the coalition is organized as a
 4257  corporation. If the coalition is not organized as a corporation
 4258  or other business entity, the plan must include the contract
 4259  with a fiscal agent. An early learning coalition may contract
 4260  with other coalitions to achieve efficiency in multicounty
 4261  services, and these contracts may be part of the coalition’s
 4262  school readiness plan.
 4263         j. Strategies to meet the needs of unique populations, such
 4264  as migrant workers.
 4265  
 4266  As part of the school readiness plan, the early learning
 4267  coalition may request the Governor to apply for a waiver to
 4268  allow the coalition to administer the Head Start Program to
 4269  accomplish the purposes of the school readiness program. If a
 4270  school readiness plan demonstrates that specific statutory goals
 4271  can be achieved more effectively by modifying using procedures
 4272  that require modification of existing rules, policies, or
 4273  procedures, a request for a waiver to the Agency for Workforce
 4274  Innovation may be submitted as part of the plan. Upon review,
 4275  the agency for Workforce Innovation may grant the proposed
 4276  modification.
 4277         5. Persons with an early childhood teaching certificate may
 4278  provide support and supervision to other staff in the school
 4279  readiness program.
 4280         6. An early learning coalition may not implement its school
 4281  readiness plan until it submits the plan to and receives
 4282  approval from the Agency for Workforce Innovation. Once the plan
 4283  is approved, the plan and the services provided under the plan
 4284  shall be controlled by the early learning coalition. The plan
 4285  shall be reviewed and revised as necessary, but at least
 4286  biennially. An early learning coalition may not implement the
 4287  revisions until the coalition submits the revised plan to and
 4288  receives approval from the agency for Workforce Innovation. If
 4289  the agency for Workforce Innovation rejects a revised plan, the
 4290  coalition must continue to operate under its prior approved
 4291  plan.
 4292         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 4293  apply to an early learning coalition with an approved school
 4294  readiness plan. To facilitate innovative practices and to allow
 4295  the regional establishment of school readiness programs, an
 4296  early learning coalition may apply to the Governor and Cabinet
 4297  for a waiver of, and the Governor and Cabinet may waive, any of
 4298  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 4299  waiver is necessary for implementation of the coalition’s school
 4300  readiness plan.
 4301         8. Two or more counties may join for purposes of planning
 4302  and implementing a school readiness program.
 4303         9. An early learning coalition may, subject to approval by
 4304  the Agency for Workforce Innovation as part of the coalition’s
 4305  school readiness plan, receive subsidized child care funds for
 4306  all children eligible for any federal subsidized child care
 4307  program.
 4308         10. An early learning coalition may enter into multiparty
 4309  contracts with multicounty service providers in order to meet
 4310  the needs of unique populations such as migrant workers.
 4311         Section 202. Paragraph (a) of subsection (3) of section
 4312  411.232, Florida Statutes, is amended to read:
 4313         411.232 Children’s Early Investment Program.—
 4314         (3) ESSENTIAL ELEMENTS.—
 4315         (a) Initially, the program shall be directed to geographic
 4316  areas where at-risk young children and their families are in
 4317  greatest need because of an unfavorable combination of economic,
 4318  social, environmental, and health factors, including, without
 4319  limitation, extensive poverty, high crime rate, great incidence
 4320  of low birthweight babies, high incidence of alcohol and drug
 4321  abuse, and high rates of teenage pregnancy. The selection of a
 4322  geographic site must shall also consider the incidence of young
 4323  children within these at-risk geographic areas who are cocaine
 4324  babies, children of single mothers who receive temporary cash
 4325  assistance, children of teenage parents, low birthweight babies,
 4326  and very young foster children. To receive funding under this
 4327  section, an agency, board, council, or provider must
 4328  demonstrate:
 4329         1. Its capacity to administer and coordinate the programs
 4330  and services in a comprehensive manner and provide a flexible
 4331  range of services;
 4332         2. Its capacity to identify and serve those children least
 4333  able to access existing programs and case management services;
 4334         3. Its capacity to administer and coordinate the programs
 4335  and services in an intensive and continuous manner;
 4336         4. The proximity of its facilities to young children,
 4337  parents, and other family members to be served by the program,
 4338  or its ability to provide offsite services;
 4339         5. Its ability to use existing federal, state, and local
 4340  governmental programs and services in implementing the
 4341  investment program;
 4342         6. Its ability to coordinate activities and services with
 4343  existing public and private, state and local agencies and
 4344  programs such as those responsible for health, education, social
 4345  support, mental health, child care, respite care, housing,
 4346  transportation, alcohol and drug abuse treatment and prevention,
 4347  income assistance, employment training and placement, nutrition,
 4348  and other relevant services, all the foregoing intended to
 4349  assist children and families at risk;
 4350         7. How its plan will involve project participants and
 4351  community representatives in the planning and operation of the
 4352  investment program; and
 4353         8. Its ability to participate in the evaluation component
 4354  required in this section.; and
 4355         9. Its consistency with the strategic plan pursuant to s.
 4356  411.221.
 4357         Section 203. Paragraph (a) of subsection (6) of section
 4358  445.006, Florida Statutes, is amended to read:
 4359         445.006 Strategic and operational plans for workforce
 4360  development.—
 4361         (6)(a) The operational plan must include strategies that
 4362  are designed to prevent or reduce the need for a person to
 4363  receive public assistance, including. These strategies must
 4364  include:
 4365         1. A teen pregnancy prevention component that includes, but
 4366  is not limited to, a plan for implementing the Florida Education
 4367  Now and Babies Later (ENABL) program under s. 411.242 and the
 4368  Teen Pregnancy Prevention Community Initiative within each
 4369  county of the services area in which the teen birth rate is
 4370  higher than the state average;
 4371         2. A component that encourages creation of community-based
 4372  welfare prevention and reduction initiatives that increase
 4373  support provided by noncustodial parents to their welfare
 4374  dependent children and are consistent with program and financial
 4375  guidelines developed by Workforce Florida, Inc., and the
 4376  Commission on Responsible Fatherhood. These initiatives may
 4377  include, but are not limited to, improved paternity
 4378  establishment, work activities for noncustodial parents,
 4379  programs aimed at decreasing out-of-wedlock pregnancies,
 4380  encouraging involvement of fathers with their children including
 4381  court-ordered supervised visitation, and increasing child
 4382  support payments;
 4383         3. A component that encourages formation and maintenance of
 4384  two-parent families through, among other things, court-ordered
 4385  supervised visitation;
 4386         4. A component that fosters responsible fatherhood in
 4387  families receiving assistance; and
 4388         5. A component that fosters provision of services that
 4389  reduce the incidence and effects of domestic violence on women
 4390  and children in families receiving assistance.
 4391         Section 204. Subsections (24), (25), and (26) of section
 4392  1001.42, Florida Statutes, are amended to read:
 4393         1001.42 Powers and duties of district school board.—The
 4394  district school board, acting as a board, shall exercise all
 4395  powers and perform all duties listed below:
 4396         (24) REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
 4397  REQUIREMENTS.—Beginning with the 2006-2007 school year:
 4398         (a) Each district school board shall designate a classroom
 4399  teacher to serve as the teacher representative to speak on
 4400  behalf of the district’s teachers regarding paperwork and data
 4401  collection reduction.
 4402         (b) Each district school board must provide the school
 4403  community with an efficient method for the school community to
 4404  communicate with the classroom teacher designee regarding
 4405  possible paperwork and data collection burdens and potential
 4406  solutions.
 4407         (c) The teacher designee shall annually report his or her
 4408  findings and potential solutions to the school board.
 4409         (d) Each district school board must submit its findings and
 4410  potential solutions to the State Board of Education by September
 4411  1 of each year.
 4412         (e) The State Board of Education shall prepare a report of
 4413  the statewide paperwork and data collection findings and
 4414  potential solutions and submit the report to the Governor, the
 4415  President of the Senate, and the Speaker of the House of
 4416  Representatives by October 1 of each year.
 4417         (24)(25) EMPLOYMENT CONTRACTS.— A district school board may
 4418  not enter into an employment contract that requires the district
 4419  to pay from state funds an employee an amount in excess of 1
 4420  year of the employee’s annual salary for termination, buyout, or
 4421  any other type of contract settlement. This subsection does not
 4422  prohibit the payment of earned leave and benefits in accordance
 4423  with the district’s leave and benefits policies which were
 4424  accrued by the employee before the contract terminates.
 4425         (25)(26) ADOPT RULES.—Adopt rules pursuant to ss.
 4426  120.536(1) and 120.54 to implement this section.
 4427         Section 205. Present paragraph (c) of subsection (3) of
 4428  section 1008.31, Florida Statutes, is redesignated as paragraph
 4429  (e), and new paragraphs (c) and (d) are added to that
 4430  subsection, to read:
 4431         1008.31 Florida’s K-20 education performance accountability
 4432  system; legislative intent; mission, goals, and systemwide
 4433  measures; data quality improvements.—
 4434         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4435  data required to implement education performance accountability
 4436  measures in state and federal law, the Commissioner of Education
 4437  shall initiate and maintain strategies to improve data quality
 4438  and timeliness. All data collected from state universities
 4439  shall, as determined by the commissioner, be integrated into the
 4440  K-20 data warehouse. The commissioner shall have unlimited
 4441  access to such data solely for the purposes of conducting
 4442  studies, reporting annual and longitudinal student outcomes, and
 4443  improving college readiness and articulation. All public
 4444  educational institutions shall provide data to the K-20 data
 4445  warehouse in a format specified by the commissioner.
 4446         (c) The commissioner shall continuously monitor and review
 4447  the collection of paperwork, data, and reports by school
 4448  districts and complete an annual review of such collection no
 4449  later than June 1 of each year. The annual review must include
 4450  recommendations for consolidating paperwork, data, and reports,
 4451  wherever feasible, in order to reduce the burdens on school
 4452  districts.
 4453         (d) By July 1 of each year, the commissioner shall prepare
 4454  a report assisting the school districts in eliminating or
 4455  consolidating paperwork, data, and reports by providing
 4456  suggestions, technical assistance, and guidance.
 4457         Section 206. This act shall take effect upon becoming a
 4458  law.

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