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       Florida Senate - 2010                      CS for CS for SB 1412
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Governmental Oversight and Accountability; and
       Senator Haridopolos
       576-04454-10                                          20101412c2
    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    2         An act relating to obsolete or outdated agency plans,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. 288.904, F.S.;
  161         deleting an obsolete provision requiring the creation
  162         of advisory committees on international and small
  163         business issues; amending s. 288.95155, F.S.; revising
  164         requirements for a report by Enterprise Florida, Inc.,
  165         on the Florida Small Business Technology Growth
  166         Program; amending s. 288.9604, F.S.; deleting a
  167         requirement for a report by the Florida Development
  168         Finance Corporation; amending s. 288.9610, F.S.;
  169         revising provisions relating to annual reporting by
  170         the corporation; amending s. 292.05, F.S.; revising
  171         requirements relating to a report by the Department of
  172         Veterans’ Affairs; repealing ss. 296.16 and 296.39,
  173         F.S., relating to reports by the executive director of
  174         the Department of Veterans’ Affairs; repealing s.
  175         315.03(12)(c), F.S., relating to legislative review of
  176         a loan program of the Florida Seaport Transportation
  177         and Economic Development Council; amending s. 319.324,
  178         F.S.; deleting provisions relating to funding a report
  179         on odometer fraud prevention and detection; repealing
  180         s. 322.181, F.S., relating to a study by the
  181         Department of Highway Safety and Motor Vehicles on
  182         driving by the elderly; repealing s. 322.251(7)(c),
  183         F.S., relating to a plan to indemnify persons wanted
  184         for passing worthless bank checks; amending s.
  185         373.0391, F.S.; deleting provisions relating to
  186         provision of certain information by water management
  187         districts; amending s. 373.046, F.S.; deleting an
  188         obsolete provision requiring a report by the Secretary
  189         of Environmental Protection; repealing s. 376.121(14),
  190         F.S., relating to a report by the Department of
  191         Environmental Protection on damage to natural
  192         resources; repealing s. 376.17, F.S., relating to
  193         reports of the department to the Legislature;
  194         repealing s. 376.30713(5), F.S., relating to a report
  195         on preapproved advanced cleanup; amending s. 379.2211,
  196         F.S.; revising provisions relating to a report by the
  197         Fish and Wildlife Conservation Commission on waterfowl
  198         permit revenues; amending s. 379.2212, F.S.; revising
  199         provisions relating to a report by the commission on
  200         wild turkey permit revenues; repealing s. 379.2523(8),
  201         F.S., relating to duties of the Fish and Wildlife
  202         Conservation Commission concerning an aquaculture
  203         plan; amending s. 380.06, F.S.; deleting provisions on
  204         transmission of revisions relating to statewide
  205         guidelines and standards for developments of regional
  206         impact; repealing s. 380.0677(3), F.S., relating to
  207         powers of the Green Swamp Land Authority; repealing s.
  208         381.0011(3), F.S., relating to an inclusion in the
  209         Department of Health’s strategic plan; repealing s.
  210         381.0036, F.S., relating to planning for
  211         implementation of educational requirements concerning
  212         HIV and AIDS; repealing s. 381.731, F.S., relating to
  213         strategic planning of the Department of Health;
  214         amending s. 381.795, F.S.; deleting provisions
  215         relating to studies by the Department of Health on
  216         long-term, community-based supports; amending s.
  217         381.931, F.S.; deleting provisions relating to the
  218         duty of the Department of Health to develop a report
  219         on Medicaid expenditures; amending s. 383.19, F.S.;
  220         revising provisions relating to reports by hospitals
  221         contracting to provide perinatal intensive care
  222         services; repealing s. 383.21, F.S., relating to
  223         reviews of perinatal intensive care service programs;
  224         amending s. 383.2161, F.S.; revising requirements
  225         relating to a report by the Department of Health on
  226         maternal and child health; repealing s. 394.4573(4),
  227         F.S., relating to the requirement for a report by the
  228         Department of Children and Family Services on staffing
  229         state mental health facilities; amending s. 394.4985,
  230         F.S.; deleting provisions relating to plans by
  231         department districts; repealing s. 394.82, F.S.,
  232         relating to the funding of expanded community mental
  233         health services; repealing s. 394.9082(9), F.S.,
  234         relating to reports on contracting with behavioral
  235         health management entities; repealing s. 394.9083,
  236         F.S., relating to the Behavioral Health Services
  237         Integration Workgroup; repealing s. 395.807(2)(c),
  238         F.S., relating to requirements for a report on the
  239         retention of family practice residents; repealing s.
  240         397.332(3), F.S., relating to the requirement for a
  241         report by the director of the Office of Drug Control;
  242         repealing s. 397.94(1), F.S., relating to children’s
  243         substance abuse services plans by service districts of
  244         the Department of Children and Family Services;
  245         repealing s. 400.148(2), F.S., relating to a pilot
  246         program of the Agency for Health Care Administration
  247         for a quality-of-care contract management program;
  248         amending s. 400.967, F.S.; deleting provisions
  249         relating to a report by the Agency for Health Care
  250         Administration on intermediate care facilities for
  251         developmentally disabled persons; repealing s.
  252         402.3016(3), F.S., relating to the requirement for a
  253         report by the agency on Early Head Start collaboration
  254         grants; repealing s. 402.40(9), F.S., relating to
  255         submission to the Legislature of certain information
  256         related to child welfare training; amending s.
  257         403.4131, F.S.; deleting provisions relating to a
  258         report on the adopt-a-highway program; repealing s.
  259         403.706(2)(d), F.S., relating to local government
  260         solid waste responsibilities; repealing s.
  261         406.02(4)(a), F.S., relating to the requirement for a
  262         report by the Medical Examiners Commission; amending
  263         s. 408.033, F.S.; revising provisions relating to
  264         reports by local health councils; repealing s.
  265         408.914(4), F.S., relating to the requirement of the
  266         Agency for Health Care Administration to submit to the
  267         Governor a plan on the comprehensive health and human
  268         services eligibility access system; repealing s.
  269         408.915(3)(i), F.S., relating to the requirement for
  270         periodic reports on the pilot program for such access;
  271         repealing s. 408.917, F.S., relating to an evaluation
  272         of the pilot project; amending s. 409.1451, F.S.;
  273         revising requirements relating to reports on
  274         independent living transition services; repealing s.
  275         409.152, F.S., relating to service integration and
  276         family preservation; repealing s. 409.1679(1) and (2),
  277         F.S., relating to reports concerning residential group
  278         care services; amending s. 409.1685, F.S.; revising
  279         provisions relating to reports by the Department of
  280         Children and Family Services on children in foster
  281         care; repealing s. 409.221(4)(k), F.S., relating to
  282         reports on consumer-directed care; amending s.
  283         409.25575, F.S.; deleting provisions relating to a
  284         report by the Department of Revenue regarding a
  285         quality assurance program for privatization of
  286         services; amending s. 409.2558, F.S.; deleting
  287         provisions relating to the Department of Revenue’s
  288         solicitation of recommendations related to a rule on
  289         undistributable collections; repealing s. 409.441(3),
  290         F.S., relating to the state plan for the handling of
  291         runaway youths; amending s. 409.906, F.S.; deleting a
  292         requirement for reports of child-welfare-targeted case
  293         management projects; amending s. 409.912, F.S.;
  294         revising provisions relating to duties of the agency
  295         with respect to cost-effective purchasing of health
  296         care; repealing s. 410.0245, F.S., relating to a study
  297         of service needs of the disabled adult population;
  298         repealing s. 410.604(10), F.S., relating to a
  299         requirement for the Department of Children and Family
  300         Services to evaluate the community care for disabled
  301         adults program; amending s. 411.0102, F.S.; deleting
  302         provisions relating to use of child care purchasing
  303         pool funds; repealing s. 411.221, F.S., relating to
  304         prevention and early assistance; repealing s. 411.242,
  305         F.S., relating to the Florida Education Now and Babies
  306         Later program; amending s. 414.14, F.S.; deleting a
  307         provision relating to a report by the Secretary of
  308         Children and Family Services on public assistance
  309         policy simplification; repealing s. 414.36(1), F.S.,
  310         relating to a plan for privatization of recovery of
  311         public assistance overpayment claims; repealing s.
  312         414.391(3), F.S., relating to a plan for automated
  313         fingerprint imaging; amending s. 415.1045, F.S.;
  314         deleting a requirement for a study by the Office of
  315         Program Policy Analysis and Government Accountability
  316         on documentation of exploitation, abuse, or neglect;
  317         amending s. 420.622, F.S.; revising requirements
  318         relating to a report by the State Council on
  319         Homelessness; repealing s. 420.623(4), F.S., relating
  320         to the requirement of a report by the Department of
  321         Community Affairs on homelessness; amending s.
  322         427.704, F.S.; revising requirements relating to a
  323         report by the Public Service Commission on a
  324         telecommunications access system; amending s. 427.706,
  325         F.S.; revising requirements relating to a report by
  326         the advisory committee on telecommunications access;
  327         amending s. 429.07, F.S.; deleting provisions relating
  328         to a report by the Department of Elderly Affairs on
  329         extended congregate care facilities; amending s.
  330         429.41, F.S.; deleting provisions relating to a report
  331         concerning standards for assisted living facilities;
  332         amending s. 430.04, F.S.; revising duties of the
  333         Department of Elderly Affairs with respect to certain
  334         reports and recommendations; amending s. 430.502,
  335         F.S.; revising requirements with respect to reports by
  336         the Alzheimer’s Disease Advisory Committee; amending
  337         s. 445.006, F.S.; deleting provisions relating to a
  338         strategic plan for workforce development; repealing s.
  339         455.2226(8), F.S., relating to the requirement of a
  340         report by the Board of Funeral Directors and
  341         Embalmers; repealing s. 455.2228(6), F.S., relating to
  342         the requirement of reports by the Barbers’ Board and
  343         the Board of Cosmetology; amending s. 456.005, F.S.;
  344         revising requirements relating to long-range planning
  345         by professional boards; amending s. 456.025, F.S.;
  346         revising requirements relating to a report to
  347         professional boards by the Department of Health;
  348         repealing s. 456.034(6), F.S., relating to reports by
  349         professional boards about HIV and AIDS; amending s.
  350         517.302, F.S.; deleting a requirement for a report by
  351         the Office of Financial Regulation on deposits into
  352         the Anti-Fraud Trust Fund; repealing s. 531.415(3),
  353         F.S., relating to the requirement of a report by the
  354         Department of Agriculture and Consumer Services on
  355         fees; repealing s. 570.0705(3), F.S., relating to the
  356         requirement of a report by the Commissioner of
  357         Agriculture concerning advisory committees; amending
  358         s. 570.0725, F.S.; requiring that the Department of
  359         Agriculture and Consumer Services submit an electronic
  360         report to the Legislature concerning support for food
  361         recovery programs; repealing s. 570.543(3), F.S.,
  362         relating to legislative recommendations of the Florida
  363         Consumers’ Council; amending s. 590.33, F.S.; deleting
  364         a reference to the Florida Commission on Interstate
  365         Cooperation to conform to changes made by the act;
  366         amending s. 603.204, F.S.; revising requirements
  367         relating to the South Florida Tropical Fruit Plan;
  368         amending s. 627.64872, F.S.; deleting provisions
  369         relating to an interim report by the board of
  370         directors of the Florida Health Insurance Plan;
  371         prohibiting the board from acting to implement the
  372         plan until certain funds are appropriated; amending s.
  373         744.708, F.S.; revising provisions relating to audits
  374         of public guardian offices and to reports concerning
  375         those offices; amending s. 768.295, F.S.; revising
  376         duties of the Attorney General relating to reports
  377         concerning “SLAPP” lawsuits; amending s. 790.22, F.S.;
  378         deleting provisions relating to reports by the
  379         Department of Juvenile Justice concerning certain
  380         juvenile offenses that involve weapons; amending s.
  381         943.125, F.S.; deleting provisions relating to reports
  382         by the Florida Sheriffs Association and the Florida
  383         Police Chiefs Association concerning law enforcement
  384         agency accreditation; amending s. 943.68, F.S.;
  385         revising requirements relating to reports by the
  386         Department of Law Enforcement concerning
  387         transportation and protective services; amending s.
  388         944.801, F.S.; deleting a requirement to deliver to
  389         specified officials copies of certain reports
  390         concerning education of state prisoners; repealing s.
  391         945.35(10), F.S., relating to the requirement of a
  392         report by the Department of Corrections concerning HIV
  393         and AIDS education; repealing s. 958.045(9), F.S.,
  394         relating to a report by the department concerning
  395         youthful offenders; amending s. 960.045, F.S.;
  396         revising requirements relating to reports by the
  397         Department of Legal Affairs with respect to victims of
  398         crimes; repealing s. 985.02(8)(c), F.S., relating to
  399         the requirement of a study by the Office of Program
  400         Policy Analysis and Government Accountability on
  401         programs for young females within the Department of
  402         Juvenile Justice; amending s. 985.047, F.S.; deleting
  403         provisions relating to a plan by a multiagency task
  404         force on information systems related to delinquency;
  405         amending s. 985.47, F.S.; deleting provisions relating
  406         to a report on serious or habitual juvenile offenders;
  407         amending s. 985.483, F.S.; deleting provisions
  408         relating to a report on intensive residential
  409         treatment for offenders younger than 13 years of age;
  410         repealing s. 985.61(5), F.S., relating to a report by
  411         the Department of Juvenile Justice on early
  412         delinquency intervention; amending s. 985.622, F.S.;
  413         deleting provisions relating to submission of the
  414         multiagency plan for vocational education; repealing
  415         s. 985.632(7), F.S., relating to a report by the
  416         Department of Juvenile Justice on funding incentives
  417         and disincentives; repealing s. 1002.34(19), F.S.,
  418         relating to an evaluation and report by the
  419         Commissioner of Education concerning charter technical
  420         career centers; repealing s. 1003.61(4), F.S.,
  421         relating to evaluation of a pilot attendance project
  422         in Manatee County; amending s. 1004.22, F.S.; deleting
  423         provisions relating to university reports concerning
  424         sponsored research; repealing s. 1004.50(6), F.S.,
  425         relating to the requirement of a report by the
  426         Governor concerning unmet needs in urban communities;
  427         repealing s. 1004.94(2) and (4), F.S., relating to
  428         guidelines for and a report on plans for a state adult
  429         literacy program; amending s. 1004.95, F.S.; revising
  430         requirements relating to implementing provisions for
  431         adult literacy centers; repealing s. 1006.0605, F.S.,
  432         relating to students’ summer nutrition; repealing s.
  433         1006.67, F.S., relating to a report of campus crime
  434         statistics; amending s. 1009.70, F.S.; deleting
  435         provisions relating to a report on a minority law
  436         school scholarship program; amending s. 1011.32, F.S.;
  437         requiring the Governor to be given a copy of a report
  438         related to the Community College Facility Enhancement
  439         Challenge Grant Program; amending s. 1011.62, F.S.;
  440         deleting provisions relating to recommendations for
  441         implementing the extended-school-year program;
  442         repealing s. 1012.05(2)(l), F.S., relating to a plan
  443         concerning teacher recruitment and retention; amending
  444         s. 1012.42, F.S.; deleting provisions relating to a
  445         plan of assistance for teachers teaching out-of-field;
  446         amending s. 1013.11, F.S.; deleting provisions
  447         relating to transmittal of a report on physical plant
  448         safety; amending ss. 161.142, 163.065, 163.2511,
  449         163.2514, 163.3202, 259.041, 259.101, 369.305,
  450         379.2431, 381.732, 381.733, 411.01, 411.232, and
  451         445.006, F.S., conforming cross-references to changes
  452         made by the act; amending s. 1001.42, F.S.; deleting
  453         provisions that require each district school board to
  454         reduce paperwork and data collection and report its
  455         findings and potential solutions on reducing burdens
  456         associated with such collection; amending s. 1008.31,
  457         F.S.; requiring that the Commissioner of Education
  458         monitor and review the collection of paperwork, data,
  459         and reports by school districts; requiring that the
  460         commissioner complete an annual review of such
  461         collection by a specified date each year; requiring
  462         that the commissioner prepare a report, by a specified
  463         date each year, assisting the school districts with
  464         eliminating or consolidating paperwork, data, and
  465         reports by providing suggestions, technical
  466         assistance, and guidance; providing an effective date.
  468  Be It Enacted by the Legislature of the State of Florida:
  470         Section 1. Section 13.01, Florida Statutes, is repealed.
  471         Section 2. Section 13.02, Florida Statutes, is repealed.
  472         Section 3. Section 13.03, Florida Statutes, is repealed.
  473         Section 4. Section 13.04, Florida Statutes, is repealed.
  474         Section 5. Section 13.05, Florida Statutes, is repealed.
  475         Section 6. Section 13.06, Florida Statutes, is repealed.
  476         Section 7. Section 13.07, Florida Statutes, is repealed.
  477         Section 8. Section 13.08, Florida Statutes, is repealed.
  478         Section 9. Section 13.09, Florida Statutes, is repealed.
  479         Section 10. Section 13.10, Florida Statutes, is transferred
  480  and renumbered as section 11.249, Florida Statutes.
  481         Section 11. Section 13.90, Florida Statutes, is repealed.
  482         Section 12. Section 13.91, Florida Statutes, is repealed.
  483         Section 13. Section 13.92, Florida Statutes, is repealed.
  484         Section 14. Section 13.93, Florida Statutes, is repealed.
  485         Section 15. Section 13.94, Florida Statutes, is repealed.
  486         Section 16. Section 13.95, Florida Statutes, is repealed.
  487         Section 17. Section 13.96, Florida Statutes, is repealed.
  488         Section 18. Section 13.97, Florida Statutes, is repealed.
  489         Section 19. Section 13.98, Florida Statutes, is repealed.
  490         Section 20. Section 13.99, Florida Statutes, is repealed.
  491         Section 21. Section 13.992, Florida Statutes, is repealed.
  492         Section 22. Section 13.993, Florida Statutes, is repealed.
  493         Section 23. Section 13.994, Florida Statutes, is repealed.
  494         Section 24. Section 13.995, Florida Statutes, is repealed.
  495         Section 25. Section 13.996, Florida Statutes, is repealed.
  496         Section 26. Section 14.25, Florida Statutes, is repealed.
  497         Section 27. Subsection (3) of section 14.26, Florida
  498  Statutes, is amended to read:
  499         14.26 Citizen’s Assistance Office.—
  500         (3) The Citizen’s Assistance Office shall report make
  501  quarterly reports to the Governor on, which shall include:
  502         (a) The number of complaints and investigations and
  503  complaints made during the preceding quarter and the disposition
  504  of such investigations.
  505         (b) Recommendations in the form of suggested legislation or
  506  suggested procedures for the alleviation of problems disclosed
  507  by investigations.
  508         (b)(c)A report including statistics which reflect The
  509  types of complaints made and an assessment as to the cause of
  510  the complaints.
  511         (c)Recommendations for the alleviation of the cause of
  512  complaints disclosed by investigations.
  513         (d) Such Other information as the Executive Office of the
  514  Governor shall require.
  515         Section 28. Section 14.27, Florida Statutes, is repealed.
  516         Section 29. Section 16.58, Florida Statutes, is repealed.
  517         Section 30. Subsection (1) of section 17.32, Florida
  518  Statutes, is amended to read:
  519         17.32 Annual report of trust funds; duties of Chief
  520  Financial Officer.—
  521         (1) On February 1 of each year, the Chief Financial Officer
  522  shall present to the Governor and the Legislature President of
  523  the Senate and the Speaker of the House of Representatives a
  524  report listing all trust funds as defined in s. 215.32. The
  525  report must shall contain the following data elements for each
  526  fund for the preceding fiscal year:
  527         (a) The fund code.
  528         (b) The title.
  529         (c) The fund type according to generally accepted
  530  accounting principles.
  531         (d) The statutory authority.
  532         (e) The beginning cash balance.
  533         (f) Direct revenues.
  534         (g) Nonoperating revenues.
  535         (h) Operating disbursements.
  536         (i) Nonoperating disbursements.
  537         (j) The ending cash balance.
  538         (k) The department and budget entity in which the fund is
  539  located.
  540         Section 31. Subsection (1) of section 17.325, Florida
  541  Statutes, is amended to read:
  542         17.325 Governmental efficiency hotline; duties of Chief
  543  Financial Officer.—
  544         (1) The Chief Financial Officer shall establish and operate
  545  a statewide toll-free telephone hotline to receive information
  546  or suggestions from the residents citizens of this state on how
  547  to improve the operation of government, increase governmental
  548  efficiency, and eliminate waste in government. The Chief
  549  Financial Officer shall report each month to the appropriations
  550  committee of the House of Representatives and of the Senate the
  551  information or suggestions received through the hotline and the
  552  evaluations and determinations made by the affected agency, as
  553  provided in subsection (3), with respect to such information or
  554  suggestions.
  555         Section 32. Section 20.057, Florida Statutes, is amended to
  556  read:
  557         20.057 Interagency agreements to delete duplication of
  558  inspections.—
  559         (1) The Governor shall direct any department, the head of
  560  which is an officer or board appointed by and serving at the
  561  pleasure of the Governor, to enter into an interagency agreement
  562  to that will eliminate duplication of inspections among the
  563  departments that inspect the same type of facility or structure.
  564  Parties to the agreement may include departments which are
  565  headed by a Cabinet officer, the Governor and Cabinet, or a
  566  collegial body. The agreement shall:
  567         (a) Authorize agents of one department to conduct
  568  inspections required to be performed by another department.
  569         (b) Specify that agents of the department conducting the
  570  inspection have all powers relative to the inspection as the
  571  agents of the department on whose behalf the inspection is being
  572  conducted.
  573         (c) Require that agents of the department conducting the
  574  inspection have sufficient knowledge of statutory and
  575  administrative inspection requirements to conduct a proper
  576  inspection.
  577         (d) Specify that the departments entering which have
  578  entered into the agreement may not neither charge or nor accept
  579  any funds with respect to duties performed under the agreement
  580  which are in excess of the direct costs of conducting the such
  581  inspections.
  582         (2) Before taking effect, an agreement entered into under
  583  this section must be approved by the Governor. Inspections
  584  conducted under an agreement are shall be deemed sufficient for
  585  enforcement purposes pursuant to the agreement or as otherwise
  586  provided by law.
  587         (2) No later than 60 days prior to the beginning of the
  588  regular session, the Governor shall make an annual report to the
  589  President of the Senate and the Speaker of the House of
  590  Representatives regarding interagency agreements. The report
  591  shall identify each interagency agreement entered into under
  592  this section, and, for each agreement, shall describe the
  593  duplication eliminated, provide data that measures the
  594  effectiveness of inspections conducted under the interagency
  595  agreement, and estimate the cost savings that have resulted from
  596  the agreement. The report shall also describe obstacles
  597  encountered by any department in attempting to develop an
  598  interagency agreement and in performing duties resulting from an
  599  interagency agreement and shall recommend appropriate remedial
  600  legislative action.
  601         Section 33. Paragraphs (e), (f), and (g) of subsection (4)
  602  of section 20.316, Florida Statutes, are repealed.
  603         Section 34. Paragraph (l) of subsection (1) of section
  604  20.43, Florida Statutes, is amended to read:
  605         20.43 Department of Health.—There is created a Department
  606  of Health.
  607         (1) The purpose of the Department of Health is to promote
  608  and protect the health of all residents and visitors in the
  609  state through organized state and community efforts, including
  610  cooperative agreements with counties. The department shall:
  611         (l) Include in its long-range program the department’s
  612  strategic plan developed under s. 186.021 an assessment of
  613  current health programs, systems, and costs; projections of
  614  future problems and opportunities; and recommended changes that
  615  are needed in the health care system to improve the public
  616  health.
  617         Section 35. Paragraph (h) of subsection (2) of section
  618  39.4086, Florida Statutes, is amended to read:
  619         39.4086 Pilot program for attorneys ad litem for dependent
  620  children.—
  621         (2) RESPONSIBILITIES.—
  622         (h) The Office of the State Courts Administrator shall
  623  conduct research and gather statistical information to evaluate
  624  the establishment, operation, and impact of the pilot program in
  625  meeting the legal needs of dependent children. In assessing the
  626  effects of the pilot program, including achievement of outcomes
  627  identified under paragraph (b), the evaluation must include a
  628  comparison of children within the Ninth Judicial Circuit who are
  629  appointed an attorney ad litem with those who are not. The
  630  office shall submit a report to the Legislature and the Governor
  631  by October 1, 2001, and by October 1, 2002, regarding its
  632  findings. The office shall submit a final report by October 1,
  633  2003, which must include an evaluation of the pilot program;
  634  findings on the feasibility of a statewide program; and
  635  recommendations, if any, for locating, establishing, and
  636  operating a statewide program.
  637         Section 36. Subsections (1) and (3) of section 98.255,
  638  Florida Statutes, are amended to read:
  639         98.255 Voter education programs.—
  640         (1) By March 1, 2002, The Department of State shall adopt
  641  rules prescribing minimum standards for nonpartisan voter
  642  education. In developing the rules, the department shall review
  643  current voter education programs within each county of the
  644  state. The standards shall, at a minimum, address, but are not
  645  limited to, the following subjects:
  646         (a) Voter registration;
  647         (b) Balloting procedures, absentee and polling place;
  648         (c) Voter rights and responsibilities;
  649         (d) Distribution of sample ballots; and
  650         (e) Public service announcements.
  651         (3)(a) By December 15 of each general election year, each
  652  supervisor of elections shall report to the Department of State
  653  a detailed description of the voter education programs
  654  implemented and any other information that may be useful in
  655  evaluating the effectiveness of voter education efforts.
  656         (b) The Department of State, upon receipt of such
  657  information, shall prepare a public report on the effectiveness
  658  of voter education programs and shall submit the report to the
  659  Governor, the President of the Senate, and the Speaker of the
  660  House of Representatives by January 31 of each year following a
  661  general election.
  662         (c) The department of State shall reexamine the rules
  663  adopted pursuant to subsection (1) and use consider the findings
  664  in these reports the report as a basis for modifying the
  665  adopting modified rules to that incorporate successful voter
  666  education programs and techniques, as necessary.
  667         Section 37. Paragraph (a) of subsection (7) of section
  668  110.1227, Florida Statutes, is amended to read:
  669         110.1227 Florida Employee Long-Term-Care Plan Act.—
  670         (7) The board of directors of the Florida Long-Term-Care
  671  Plan shall:
  672         (a) Upon implementation, prepare an annual report of the
  673  plan, with the assistance of an actuarial consultant, to be
  674  submitted to the Speaker of the House of Representatives, the
  675  President of the Senate, the Governor, and the Legislature the
  676  Minority Leaders of the Senate and the House of Representatives.
  677         Section 38. Subsection (9) of section 120.542, Florida
  678  Statutes, is amended to read:
  679         120.542 Variances and waivers.—
  680         (9) Each agency shall maintain a record of the type and
  681  disposition of each petition, including temporary or emergency
  682  variances and waivers, filed pursuant to this section. On
  683  October 1 of each year, each agency shall file a report with the
  684  Governor, the President of the Senate, and the Speaker of the
  685  House of Representatives listing the number of petitions filed
  686  requesting variances to each agency rule, the number of
  687  petitions filed requesting waivers to each agency rule, and the
  688  disposition of all petitions. Temporary or emergency variances
  689  and waivers, and the reasons for granting or denying temporary
  690  or emergency variances and waivers, shall be identified
  691  separately from other waivers and variances.
  692         Section 39. Section 153.952, Florida Statutes, is repealed.
  693         Section 40. Subsections (3) through (22) of section
  694  161.053, Florida Statutes, are amended to read:
  695         161.053 Coastal construction and excavation; regulation on
  696  county basis.—
  697         (3) It is the intent of the Legislature that any coastal
  698  construction control line that has not been updated since June
  699  30, 1980, shall be considered a critical priority for
  700  reestablishment by the department. In keeping with this intent,
  701  the department shall notify the Legislature if all such lines
  702  cannot be reestablished by December 31, 1997, so that the
  703  Legislature may subsequently consider interim lines of
  704  jurisdiction for the remaining counties.
  705         (3)(4)A Any coastal county or coastal municipality may
  706  establish coastal construction zoning and building codes in lieu
  707  of the provisions of this section if, provided such zones and
  708  codes are approved by the department as being adequate to
  709  preserve and protect the beaches and coastal barrier dunes
  710  adjacent to such beaches, which are under the jurisdiction of
  711  the department, from imprudent construction that will jeopardize
  712  the stability of the beach-dune system, accelerate erosion,
  713  provide inadequate protection to upland structures, endanger
  714  adjacent properties, or interfere with public beach access.
  715  Exceptions to locally established coastal construction zoning
  716  and building codes may shall not be granted unless previously
  717  approved by the department. It is The intent of this subsection
  718  is to provide for the local administration of established
  719  coastal construction control lines through approved zoning and
  720  building codes if where desired by local interests and where
  721  such local interests have, in the judgment of the department,
  722  sufficient funds and personnel to adequately administer the
  723  program. Should the department determine at any time that the
  724  program is inadequately administered, the department may shall
  725  have authority to revoke the authority granted to the county or
  726  municipality.
  727         (4)(5) Except in those areas where local zoning and
  728  building codes have been established pursuant to subsection (3)
  729  (4), a permit to alter, excavate, or construct on property
  730  seaward of established coastal construction control lines may be
  731  granted by the department as follows:
  732         (a) The department may authorize an excavation or erection
  733  of a structure at any coastal location as described in
  734  subsection (1) upon receipt of an application from a property or
  735  and/or riparian owner and upon the consideration of facts and
  736  circumstances, including:
  737         1. Adequate engineering data concerning shoreline stability
  738  and storm tides related to shoreline topography;
  739         2. Design features of the proposed structures or
  740  activities; and
  741         3. Potential effects impacts of the location of the such
  742  structures or activities, including potential cumulative effects
  743  of any proposed structures or activities upon the such beach
  744  dune system, which, in the opinion of the department, clearly
  745  justify such a permit.
  746         (b) If in the immediate contiguous or adjacent area a
  747  number of existing structures have established a reasonably
  748  continuous and uniform construction line closer to the line of
  749  mean high water than the foregoing, and if the existing
  750  structures have not been unduly affected by erosion, a proposed
  751  structure may, at the discretion of the department, be permitted
  752  along such line on written authorization from the department if
  753  the such structure is also approved by the department. However,
  754  the department may shall not contravene setback requirements or
  755  zoning or building codes established by a county or municipality
  756  which are equal to, or more strict than, the those requirements
  757  provided in this subsection herein. This paragraph does not
  758  prohibit the department from requiring structures to meet design
  759  and siting criteria established in paragraph (a) or in
  760  subsection (1) or subsection (2).
  761         (c) The department may condition the nature, timing, and
  762  sequence of construction of permitted activities to provide
  763  protection to nesting sea turtles and hatchlings and their
  764  habitat, pursuant to s. 379.2431, and to native salt-resistant
  765  vegetation and endangered plant communities.
  766         (d) The department may require such engineer certifications
  767  as necessary to ensure assure the adequacy of the design and
  768  construction of permitted projects.
  769         (e) The department shall limit the construction of
  770  structures that which interfere with public access along the
  771  beach. However, the department may require, as a condition of to
  772  granting permits, the provision of alternative access if when
  773  interference with public access along the beach is unavoidable.
  774  The width of the such alternate access may not be required to
  775  exceed the width of the access that will be obstructed as a
  776  result of the permit being granted.
  777         (f) The department may, as a condition of to the granting
  778  of a permit under this section, require mitigation, financial,
  779  or other assurances acceptable to the department as may be
  780  necessary to ensure assure performance of conditions of a permit
  781  or enter into contractual agreements to best assure compliance
  782  with any permit conditions. The department may also require
  783  notice of the permit conditions required and the contractual
  784  agreements entered into pursuant to the provisions of this
  785  subsection to be filed in the public records of the county in
  786  which the permitted activity is located.
  787         (5)(6)(a) As used in this subsection, the term:
  788         1. “Frontal dune” means the first natural or manmade mound
  789  or bluff of sand which is located landward of the beach and
  790  which has sufficient vegetation, height, continuity, and
  791  configuration to offer protective value.
  792         2. “Seasonal high-water line” means the line formed by the
  793  intersection of the rising shore and the elevation of 150
  794  percent of the local mean tidal range above local mean high
  795  water.
  796         (b) After October 1, 1985, and notwithstanding any other
  797  provision of this part, the department, or a local government to
  798  which the department has delegated permitting authority pursuant
  799  to subsections (3) (4) and (15) (16), may shall not issue a any
  800  permit for any structure, other than a coastal or shore
  801  protection structure, minor structure, or pier, meeting the
  802  requirements of this part, or other than intake and discharge
  803  structures for a facility sited pursuant to part II of chapter
  804  403, which is proposed for a location that which, based on the
  805  department’s projections of erosion in the area, will be seaward
  806  of the seasonal high-water line within 30 years after the date
  807  of application for the such permit. The procedures for
  808  determining such erosion shall be established by rule. In
  809  determining the area that which will be seaward of the seasonal
  810  high-water line in 30 years, the department may shall not
  811  include any areas landward of a coastal construction control
  812  line.
  813         (c) If Where the application of paragraph (b) would
  814  preclude the construction of a structure, the department may
  815  issue a permit for a single-family dwelling for the parcel if so
  816  long as:
  817         1. The parcel for which the single-family dwelling is
  818  proposed was platted or subdivided by metes and bounds before
  819  the effective date of this section;
  820         2. The owner of the parcel for which the single-family
  821  dwelling is proposed does not own another parcel immediately
  822  adjacent to and landward of the parcel for which the dwelling is
  823  proposed;
  824         3. The proposed single-family dwelling is located landward
  825  of the frontal dune structure; and
  826         4. The proposed single-family dwelling will be as far
  827  landward on its parcel as is practicable without being located
  828  seaward of or on the frontal dune.
  829         (d) In determining the land areas that which will be below
  830  the seasonal high-water line within 30 years after the permit
  831  application date, the department shall consider the effect
  832  impact on the erosion rates of an existing beach nourishment or
  833  restoration project or of a beach nourishment or restoration
  834  project for which all funding arrangements have been made and
  835  all permits have been issued at the time the application is
  836  submitted. The department shall consider each year there is sand
  837  seaward of the erosion control line whether that no erosion took
  838  place that year. However, the seaward extent of the beach
  839  nourishment or restoration project beyond the erosion control
  840  line may shall not be considered in determining the applicable
  841  erosion rates. Nothing in This subsection does not shall
  842  prohibit the department from requiring structures to meet the
  843  criteria established in subsection (1), subsection (2), or
  844  subsection (4) (5) or to be further landward than required by
  845  this subsection based on the criteria established in subsection
  846  (1), subsection (2), or subsection (4) (5).
  847         (e) The department shall annually report to the Legislature
  848  the status of this program, including any changes to the
  849  previously adopted procedures for determining erosion
  850  projections.
  851         (6)(7) Any coastal structure erected, or excavation
  852  created, in violation of the provisions of this section is
  853  hereby declared to be a public nuisance; and such structure
  854  shall be forthwith removed or such excavation shall be forthwith
  855  refilled after written notice by the department directing such
  856  removal or filling. If In the event the structure is not removed
  857  or the excavation refilled within a reasonable time as directed,
  858  the department may remove such structure or fill such excavation
  859  at its own expense; and the costs thereof shall become a lien on
  860  upon the property of the upland owner upon which the such
  861  unauthorized structure or excavation is located.
  862         (7)(8) Any person, firm, corporation, or agent thereof who
  863  violates this section commits is guilty of a misdemeanor of the
  864  first degree, punishable as provided in s. 775.082 or s.
  865  775.083,; except that a person driving a any vehicle on, over,
  866  or across a any sand dune and damaging or causing to be damaged
  867  such sand dune or the vegetation growing thereon in violation of
  868  this section commits is guilty of a misdemeanor of the second
  869  degree, punishable as provided in s. 775.082 or s. 775.083. A
  870  person, firm, corporation, or agent thereof commits shall be
  871  deemed guilty of a separate offense for each day during any
  872  portion of which a any violation of this section is committed or
  873  continued.
  874         (8)(9)The provisions of This section does do not apply to
  875  structures intended for shore protection purposes which are
  876  regulated by s. 161.041 or to structures existing or under
  877  construction before prior to the establishment of the coastal
  878  construction control line if the as provided herein, provided
  879  such structures are may not be materially altered except as
  880  provided in subsection (4) (5). Except for structures that have
  881  been materially altered, structures determined to be under
  882  construction at the time of the establishment or reestablishment
  883  of the coastal construction control line are shall be exempt
  884  from the provisions of this section. However, unless such an
  885  exemption has been judicially confirmed to exist before prior to
  886  April 10, 1992, the exemption shall last only for a period of 3
  887  years from either the date of the determination of the exemption
  888  or April 10, 1992, whichever occurs later. The department may
  889  extend the exemption period for structures that require longer
  890  periods for completion if of their construction, provided that
  891  construction during the initial exemption period is has been
  892  continuous. For purposes of this subsection, the term
  893  “continuous” means following a reasonable sequence of
  894  construction without significant or unreasonable periods of work
  895  stoppage.
  896         (9)(10) The department may by regulation exempt
  897  specifically described portions of the coastline from the
  898  provisions of this section if, when in its judgment, such
  899  portions of coastline because of their nature are not subject to
  900  erosion of a substantially damaging effect to the public.
  901         (10)(11) Pending the establishment of coastal construction
  902  control lines as provided herein, the provisions of s. 161.052
  903  shall remain in force. However, upon the establishment of
  904  coastal construction control lines, or the establishment of
  905  coastal construction zoning and building codes as provided in
  906  subsection (3) (4), the provisions of s. 161.052 shall be
  907  superseded by the provisions of this section.
  908         (11)(12)(a) The coastal construction control requirements
  909  defined in subsection (1) and the requirements of the erosion
  910  projections in pursuant to subsection (5) (6) do not apply to
  911  any modification, maintenance, or repair of to any existing
  912  structure within the limits of the existing foundation which
  913  does not require, involve, or include any additions to, or
  914  repair or modification of, the existing foundation of that
  915  structure. Specifically excluded from this exemption are
  916  seawalls or other rigid coastal or shore protection structures
  917  and any additions or enclosures added, constructed, or installed
  918  below the first dwelling floor or lowest deck of the existing
  919  structure.
  920         (b) Activities seaward of the coastal construction control
  921  line which are determined by the department not to cause a
  922  measurable interference with the natural functioning of the
  923  coastal system are exempt from the requirements of in subsection
  924  (4) (5).
  925         (c) The department may establish exemptions from the
  926  requirements of this section for minor activities determined by
  927  the department not to have an adverse effect impacts on the
  928  coastal system. Examples of such activities include, but are not
  929  limited to:
  930         1. Boat moorings;
  931         2. Maintenance of existing beach-dune beach/dune
  932  vegetation;
  933         3. The burial of seaweed, dead fish, whales, or other
  934  marine animals on the unvegetated beach;
  935         4. The removal of piers or other derelict structures from
  936  the unvegetated beach or seaward of mean high water;
  937         5. Temporary emergency vehicular access, if the affected
  938  provided any impacted area is immediately restored;
  939         6. The removal of any existing structures or debris from
  940  the upland, if provided there is no excavation or disturbance to
  941  the existing topography or to beach-dune beach/dune vegetation;
  942         7. Construction of a any new roof overhang extending no
  943  more than 4 feet beyond the confines of the existing foundation
  944  during modification, renovation, or reconstruction of a
  945  habitable structure within the confines of the existing
  946  foundation of that structure which does not include any
  947  additions to or modification of the existing foundation of that
  948  structure;
  949         8. Minor and temporary excavation for the purpose of
  950  repairs to existing subgrade residential service utilities
  951  (e.g., water and sewer lines, septic tanks and drainfields,
  952  electrical and telephone cables, and gas lines), if provided
  953  that there is minimal disturbance and the that grade is restored
  954  with fill compatible in both coloration and grain size to the
  955  onsite material and any damaged or destroyed vegetation is
  956  restored using similar vegetation; and
  957         9. Any other minor construction that has an effect with
  958  impacts similar to the above activities.
  959         (12)(13)(a) Notwithstanding the coastal construction
  960  control requirements defined in subsection (1) or the erosion
  961  projection determined pursuant to subsection (5) (6), the
  962  department may, at its discretion, issue a permit for the repair
  963  or rebuilding within the confines of the original foundation of
  964  a major structure pursuant to the provisions of subsection (4)
  965  (5). Alternatively, the department may also, at its discretion,
  966  issue a permit for a more landward relocation or rebuilding of a
  967  damaged or existing structure if such relocation or rebuilding
  968  would not cause further harm to the beach-dune system, and if,
  969  in the case of rebuilding, the such rebuilding complies with the
  970  provisions of subsection (4) (5), and otherwise complies with
  971  the provisions of this subsection.
  972         (b) Under no circumstances shall The department may not
  973  permit such repairs or rebuilding that expands expand the
  974  capacity of the original structure seaward of the 30-year
  975  erosion projection established pursuant to subsection (5) (6).
  976         (c) In reviewing applications for relocation or rebuilding,
  977  the department shall specifically consider changes in shoreline
  978  conditions, the availability of other relocation or rebuilding
  979  options, and the design adequacy of the project sought to be
  980  rebuilt.
  981         (d) Permits issued under this subsection are shall not be
  982  considered precedential as to the issuance of subsequent
  983  permits.
  984         (13)(14) Concurrent with the establishment of a coastal
  985  construction control line and the ongoing administration of this
  986  chapter, the secretary of the department shall make
  987  recommendations to the Board of Trustees of the Internal
  988  Improvement Trust Fund concerning the purchase of the fee or any
  989  lesser interest in any lands seaward of the control line
  990  pursuant to the state’s Save Our Coast, Conservation and
  991  Recreation Lands, or Outdoor Recreation Land acquisition
  992  programs; and, with respect to those control lines established
  993  pursuant to this section before prior to June 14, 1978, the
  994  secretary may make such recommendations.
  995         (14)(15) A coastal county or municipality fronting on the
  996  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
  997  shall advise the department within 5 days after receipt of any
  998  permit application for construction or other activities proposed
  999  to be located seaward of the line established by the department
 1000  pursuant to the provisions of this section. Within 5 days after
 1001  receipt of such application, the county or municipality shall
 1002  notify the applicant of the requirements for state permits.
 1003         (15)(16) In keeping with the intent of subsection (3) (4),
 1004  and at the discretion of the department, authority for
 1005  permitting certain types of activities that which have been
 1006  defined by the department may be delegated by the department to
 1007  a coastal county or coastal municipality. Such partial
 1008  delegation shall be narrowly construed to those particular
 1009  activities specifically named in the delegation and agreed to by
 1010  the affected county or municipality., and The delegation may be
 1011  revoked by the department at any time if it is determined that
 1012  the delegation is improperly or inadequately administered.
 1013         (16)(17) The department may, at the request of a property
 1014  owner, contract with the such property owner for an agreement,
 1015  or modify an existing contractual agreement regulating
 1016  development activities landward of a coastal construction
 1017  control line, if provided that nothing within the contractual
 1018  agreement is consistent shall be inconsistent with the design
 1019  and siting provisions of this section. In no case shall The
 1020  contractual agreement may not bind either party for a period
 1021  longer than 5 years following from its date of execution. Before
 1022  Prior to beginning a any construction activity covered by the
 1023  agreement, the property owner must shall obtain the necessary
 1024  authorization required by the agreement. The agreement may shall
 1025  not authorize construction for:
 1026         (a) Major habitable structures that which would require
 1027  construction beyond the expiration of the agreement, unless such
 1028  construction is above the completed foundation; or
 1029         (b) Nonhabitable major structures or minor structures,
 1030  unless such construction is was authorized at the same time as
 1031  the habitable major structure.
 1032         (17)(18) The department may is authorized to grant areawide
 1033  permits to local governments, other governmental agencies, and
 1034  utility companies for special classes of activities in areas
 1035  under their general jurisdiction or responsibility if, so long
 1036  as these activities, due to the type, size, or temporary nature
 1037  of the activity, will not cause measurable interference with the
 1038  natural functioning of the beach-dune beach dune system or with
 1039  marine turtles or their nesting sites. Such activities shall
 1040  include, but are not be limited to: road repairs, not including
 1041  new construction; utility repairs and replacements, or other
 1042  minor activities necessary to provide utility services; beach
 1043  cleaning; and emergency response. The department may adopt rules
 1044  to establish criteria and guidelines for use by permit
 1045  applicants. The department must shall require notice provisions
 1046  appropriate to the type and nature of the activities for which
 1047  the areawide permits are sought.
 1048         (18)(19) The department may is authorized to grant general
 1049  permits for projects, including dune walkovers, decks, fences,
 1050  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1051  repairs, and other nonhabitable structures, if the so long as
 1052  these projects, due to the type, size, or temporary nature of
 1053  the project, will not cause a measurable interference with the
 1054  natural functioning of the beach-dune beach dune system or with
 1055  marine turtles or their nesting sites. In no event shall
 1056  Multifamily habitable structures do not qualify for general
 1057  permits. However, single-family habitable structures that which
 1058  do not advance the line of existing construction and satisfy all
 1059  siting and design requirements of this section may be eligible
 1060  for a general permit pursuant to this subsection. The department
 1061  may adopt rules to establish criteria and guidelines for use by
 1062  permit applicants.
 1063         (a) Persons wishing to use the general permits must set
 1064  forth in this subsection shall, at least 30 days before
 1065  beginning any work, notify the department in writing on forms
 1066  adopted by the department. The notice must shall include a
 1067  description of the proposed project and supporting documents
 1068  depicting the proposed project, its location, and other
 1069  pertinent information as required by rule, to demonstrate that
 1070  the proposed project qualifies for the requested general permit.
 1071  Persons who undertake projects without proof of notice to the
 1072  department, but whose projects would otherwise qualify for
 1073  general permits, shall be considered to have as being undertaken
 1074  a project without a permit and are shall be subject to
 1075  enforcement pursuant to s. 161.121.
 1076         (b) Persons wishing to use a general permit must provide
 1077  notice as required by the applicable local building code where
 1078  the project will be located. If a building code requires no
 1079  notice, any person wishing to use a general permit must, at a
 1080  minimum, post a sign describing the project on the property at
 1081  least 5 days before commencing prior to the commencement of
 1082  construction. The a sign must be at least no smaller than 88
 1083  square inches, with letters no smaller than one-quarter inch,
 1084  describing the project.
 1085         (19)(20)(a) The department may suspend or revoke the use of
 1086  a general or areawide permit for good cause, including:
 1087  submission of false or inaccurate information in the
 1088  notification for use of a general or areawide permit; violation
 1089  of law, department orders, or rules relating to permit
 1090  conditions; deviation from the specified activity or project
 1091  indicated or the conditions for undertaking the activity or
 1092  project; refusal of lawful inspection; or any other act by on
 1093  the permittee permittee’s part in using the general or areawide
 1094  permit which results or may result in harm or injury to human
 1095  health or welfare, or which causes harm or injury to animal,
 1096  plant, or aquatic life or to property.
 1097         (b) The department shall have access to the permitted
 1098  activity or project at reasonable times to inspect and determine
 1099  compliance with the permit and department rules.
 1100         (20)(21) The department may is authorized to adopt rules
 1101  related to the following provisions of this section:
 1102  establishment of coastal construction control lines; activities
 1103  seaward of the coastal construction control line; exemptions;
 1104  property owner agreements; delegation of the program; permitting
 1105  programs; and violations and penalties.
 1106         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1107  the effective date of the Florida Building Code, the provisions
 1108  of this section which pertain to and govern the design,
 1109  construction, erection, alteration, modification, repair, and
 1110  demolition of public and private buildings, structures, and
 1111  facilities shall be incorporated into the Florida Building Code.
 1112  The Florida Building Commission may shall have the authority to
 1113  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1114  administer implement those provisions. This subsection does not
 1115  limit or abrogate the right and authority of the department to
 1116  require permits or to adopt and enforce environmental standards,
 1117  including, but not limited to, standards for ensuring the
 1118  protection of the beach-dune system, proposed or existing
 1119  structures, adjacent properties, marine turtles, native salt
 1120  resistant vegetation, endangered plant communities, and the
 1121  preservation of public beach access.
 1122         Section 41. Subsection (2) of section 161.161, Florida
 1123  Statutes, is amended to read:
 1124         161.161 Procedure for approval of projects.—
 1125         (2) Annually Upon approval of the beach management plan,
 1126  the secretary shall present to the Legislature President of the
 1127  Senate, the Speaker of the House of Representatives, and the
 1128  chairs of the legislative appropriations committees
 1129  recommendations for funding of beach erosion control projects
 1130  prioritized according to the. Such recommendations shall be
 1131  presented to such members of the Legislature in the priority
 1132  order specified in the plan and established pursuant to criteria
 1133  established contained in s. 161.101(14).
 1134         Section 42. Section 163.2526, Florida Statutes, is
 1135  repealed.
 1136         Section 43. Subsection (2) of section 163.3167, Florida
 1137  Statutes, is amended to read:
 1138         163.3167 Scope of act.—
 1139         (2) Each local government shall prepare a comprehensive
 1140  plan of the type and in the manner set out in this part act or
 1141  shall prepare amendments to its existing comprehensive plan to
 1142  conform it to the requirements of this part and in the manner
 1143  set out in this part. Each local government, In accordance with
 1144  the procedures in s. 163.3184, each local government shall
 1145  submit to the state land planning agency its complete proposed
 1146  comprehensive plan or its complete comprehensive plan as
 1147  proposed to be amended to the state land planning agency by the
 1148  date specified in the rule adopted by the state land planning
 1149  agency pursuant to this subsection. The state land planning
 1150  agency shall, prior to October 1, 1987, adopt a schedule of
 1151  local governments required to submit complete proposed
 1152  comprehensive plans or comprehensive plans as proposed to be
 1153  amended. Such schedule shall specify the exact date of
 1154  submission for each local government, shall establish equal,
 1155  staggered submission dates, and shall be consistent with the
 1156  following time periods:
 1157         (a) Beginning on July 1, 1988, and on or before July 1,
 1158  1990, each county that is required to include a coastal
 1159  management element in its comprehensive plan and each
 1160  municipality in such a county; and
 1161         (b) Beginning on July 1, 1989, and on or before July 1,
 1162  1991, all other counties or municipalities.
 1164  Nothing herein shall preclude the state land planning agency
 1165  from permitting by rule a county together with each municipality
 1166  in the county from submitting a proposed comprehensive plan
 1167  earlier than the dates established in paragraphs (a) and (b).
 1168  Any county or municipality that fails to meet the schedule set
 1169  for submission of its proposed comprehensive plan by more than
 1170  90 days shall be subject to the sanctions described in s.
 1171  163.3184(11)(a) imposed by the Administration Commission.
 1172  Notwithstanding the time periods established in this subsection,
 1173  the state land planning agency may establish later deadlines for
 1174  the submission of proposed comprehensive plans or comprehensive
 1175  plans as proposed to be amended for a county or municipality
 1176  which has all or a part of a designated area of critical state
 1177  concern within its boundaries; however, such deadlines shall not
 1178  be extended to a date later than July 1, 1991, or the time of
 1179  de-designation, whichever is earlier.
 1180         Section 44. Paragraph (h) of subsection (6) and paragraph
 1181  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1182  are amended to read:
 1183         163.3177 Required and optional elements of comprehensive
 1184  plan; studies and surveys.—
 1185         (6) In addition to the requirements of subsections (1)-(5)
 1186  and (12), the comprehensive plan shall include the following
 1187  elements:
 1188         (h)1. An intergovernmental coordination element showing
 1189  relationships and stating principles and guidelines to be used
 1190  in coordinating the accomplishment of coordination of the
 1191  adopted comprehensive plan with the plans of school boards,
 1192  regional water supply authorities, and other units of local
 1193  government providing services but not having regulatory
 1194  authority over the use of land, with the comprehensive plans of
 1195  adjacent municipalities, the county, adjacent counties, or the
 1196  region, with the state comprehensive plan and with the
 1197  applicable regional water supply plan approved pursuant to s.
 1198  373.0361, as the case may require and as such adopted plans or
 1199  plans in preparation may exist. This element of the local
 1200  comprehensive plan must shall demonstrate consideration of the
 1201  particular effects of the local plan, when adopted, upon the
 1202  development of adjacent municipalities, the county, adjacent
 1203  counties, or the region, or upon the state comprehensive plan,
 1204  as the case may require.
 1205         a. The intergovernmental coordination element must shall
 1206  provide procedures for identifying and implementing to identify
 1207  and implement joint planning areas, especially for the purpose
 1208  of annexation, municipal incorporation, and joint infrastructure
 1209  service areas.
 1210         b. The intergovernmental coordination element must shall
 1211  provide for recognition of campus master plans prepared pursuant
 1212  to s. 1013.30 and airport master plans under paragraph (k).
 1213         c. The intergovernmental coordination element shall provide
 1214  for a dispute resolution process, as established pursuant to s.
 1215  186.509, for bringing to closure in a timely manner
 1216  intergovernmental disputes to closure in a timely manner.
 1217         d. The intergovernmental coordination element shall provide
 1218  for interlocal agreements as established pursuant to s.
 1219  333.03(1)(b).
 1220         2. The intergovernmental coordination element shall also
 1221  further state principles and guidelines to be used in
 1222  coordinating the accomplishment of coordination of the adopted
 1223  comprehensive plan with the plans of school boards and other
 1224  units of local government providing facilities and services but
 1225  not having regulatory authority over the use of land. In
 1226  addition, the intergovernmental coordination element must shall
 1227  describe joint processes for collaborative planning and
 1228  decisionmaking on population projections and public school
 1229  siting, the location and extension of public facilities subject
 1230  to concurrency, and siting facilities with countywide
 1231  significance, including locally unwanted land uses whose nature
 1232  and identity are established in an agreement. Within 1 year
 1233  after of adopting their intergovernmental coordination elements,
 1234  each county, all the municipalities within that county, the
 1235  district school board, and any unit of local government service
 1236  providers in that county shall establish by interlocal or other
 1237  formal agreement executed by all affected entities, the joint
 1238  processes described in this subparagraph consistent with their
 1239  adopted intergovernmental coordination elements.
 1240         3. To foster coordination between special districts and
 1241  local general-purpose governments as local general-purpose
 1242  governments implement local comprehensive plans, each
 1243  independent special district must submit a public facilities
 1244  report to the appropriate local government as required by s.
 1245  189.415.
 1246         4.a. Local governments shall execute an interlocal
 1247  agreement with the district school board, the county, and
 1248  nonexempt municipalities pursuant to s. 163.31777. The local
 1249  government shall amend the intergovernmental coordination
 1250  element to ensure provide that coordination between the local
 1251  government and school board is pursuant to the agreement and
 1252  shall state the obligations of the local government under the
 1253  agreement.
 1254         b. Plan amendments that comply with this subparagraph are
 1255  exempt from the provisions of s. 163.3187(1).
 1256         5. The state land planning agency shall establish a
 1257  schedule for phased completion and transmittal of plan
 1258  amendments to implement subparagraphs 1., 2., and 3. from all
 1259  jurisdictions so as to accomplish their adoption by December 31,
 1260  1999. A local government may complete and transmit its plan
 1261  amendments to carry out these provisions prior to the scheduled
 1262  date established by the state land planning agency. The plan
 1263  amendments are exempt from the provisions of s. 163.3187(1).
 1264         5.6. By January 1, 2004, any county having a population
 1265  greater than 100,000, and the municipalities and special
 1266  districts within that county, shall submit a report to the
 1267  Department of Community Affairs which identifies:
 1268         a. Identifies All existing or proposed interlocal service
 1269  delivery agreements relating to regarding the following:
 1270  education; sanitary sewer; public safety; solid waste; drainage;
 1271  potable water; parks and recreation; and transportation
 1272  facilities.
 1273         b. Identifies Any deficits or duplication in the provision
 1274  of services within its jurisdiction, whether capital or
 1275  operational. Upon request, the Department of Community Affairs
 1276  shall provide technical assistance to the local governments in
 1277  identifying deficits or duplication.
 1278         6.7. Within 6 months after submission of the report, the
 1279  Department of Community Affairs shall, through the appropriate
 1280  regional planning council, coordinate a meeting of all local
 1281  governments within the regional planning area to discuss the
 1282  reports and potential strategies to remedy any identified
 1283  deficiencies or duplications.
 1284         7.8. Each local government shall update its
 1285  intergovernmental coordination element based upon the findings
 1286  in the report submitted pursuant to subparagraph 5. 6. The
 1287  report may be used as supporting data and analysis for the
 1288  intergovernmental coordination element.
 1289         (10) The Legislature recognizes the importance and
 1290  significance of chapter 9J-5, Florida Administrative Code, the
 1291  Minimum Criteria for Review of Local Government Comprehensive
 1292  Plans and Determination of Compliance of the Department of
 1293  Community Affairs that will be used to determine compliance of
 1294  local comprehensive plans. The Legislature reserved unto itself
 1295  the right to review chapter 9J-5, Florida Administrative Code,
 1296  and to reject, modify, or take no action relative to this rule.
 1297  Therefore, pursuant to subsection (9), the Legislature hereby
 1298  has reviewed chapter 9J-5, Florida Administrative Code, and
 1299  expresses the following legislative intent:
 1300         (k) In order for So that local governments are able to
 1301  prepare and adopt comprehensive plans with knowledge of the
 1302  rules that are will be applied to determine consistency of the
 1303  plans with provisions of this part, it is the intent of the
 1304  Legislature that there should be no doubt as to the legal
 1305  standing of chapter 9J-5, Florida Administrative Code, at the
 1306  close of the 1986 legislative session. Therefore, the
 1307  Legislature declares that changes made to chapter 9J-5 before,
 1308  Florida Administrative Code, prior to October 1, 1986, are shall
 1309  not be subject to rule challenges under s. 120.56(2), or to
 1310  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1311  9J-5, Florida Administrative Code, as amended, is shall be
 1312  subject to rule challenges under s. 120.56(3), as nothing herein
 1313  indicates shall be construed to indicate approval or disapproval
 1314  of any portion of chapter 9J-5, Florida Administrative Code, not
 1315  specifically addressed herein. No challenge pursuant to s.
 1316  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1317  Any amendments to chapter 9J-5, Florida Administrative Code,
 1318  exclusive of the amendments adopted prior to October 1, 1986,
 1319  pursuant to this act, shall be subject to the full chapter 120
 1320  process. All amendments shall have effective dates as provided
 1321  in chapter 120 and submission to the President of the Senate and
 1322  Speaker of the House of Representatives shall not be required.
 1323         Section 45. Subsection (6) of section 163.3178, Florida
 1324  Statutes, is amended to read:
 1325         163.3178 Coastal management.—
 1326         (6) Local governments are encouraged to adopt countywide
 1327  marina siting plans to designate sites for existing and future
 1328  marinas. The Coastal Resources Interagency Management Committee,
 1329  at the direction of the Legislature, shall identify incentives
 1330  to encourage local governments to adopt such siting plans and
 1331  uniform criteria and standards to be used by local governments
 1332  to implement state goals, objectives, and policies relating to
 1333  marina siting. These criteria must ensure that priority is given
 1334  to water-dependent land uses. The Coastal Resources Interagency
 1335  Management Committee shall submit its recommendations regarding
 1336  local government incentives to the Legislature by December 1,
 1337  1993. Countywide marina siting plans must be consistent with
 1338  state and regional environmental planning policies and
 1339  standards. Each local government in the coastal area which
 1340  participates in the adoption of a countywide marina siting plan
 1341  shall incorporate the plan into the coastal management element
 1342  of its local comprehensive plan.
 1343         Section 46. Subsection (12) of section 163.519, Florida
 1344  Statutes, is repealed.
 1345         Section 47. Subsection (9) of section 186.007, Florida
 1346  Statutes, is repealed.
 1347         Section 48. Subsection (5) of section 189.4035, Florida
 1348  Statutes, is amended to read:
 1349         189.4035 Preparation of official list of special
 1350  districts.—
 1351         (5) The official list of special districts shall be
 1352  available on the department’s website distributed by the
 1353  department on October 1 of each year to the President of the
 1354  Senate, the Speaker of the House of Representatives, the Auditor
 1355  General, the Department of Revenue, the Department of Financial
 1356  Services, the Department of Management Services, the State Board
 1357  of Administration, counties, municipalities, county property
 1358  appraisers, tax collectors, and supervisors of elections and to
 1359  all interested parties who request the list.
 1360         Section 49. Subsection (2) of section 189.412, Florida
 1361  Statutes, is amended to read:
 1362         189.412 Special District Information Program; duties and
 1363  responsibilities.—The Special District Information Program of
 1364  the Department of Community Affairs is created and has the
 1365  following special duties:
 1366         (2) The maintenance of a master list of independent and
 1367  dependent special districts which shall be available on the
 1368  department’s website annually updated and distributed to the
 1369  appropriate officials in state and local governments.
 1370         Section 50. Paragraph (b) of subsection (1) of section
 1371  206.606, Florida Statutes, is amended to read:
 1372         206.606 Distribution of certain proceeds.—
 1373         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1374  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1375  Fund. Such moneys, after deducting the service charges imposed
 1376  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1377  administrative costs incurred by the department in collecting,
 1378  administering, enforcing, and distributing the tax, which
 1379  administrative costs may not exceed 2 percent of collections,
 1380  shall be distributed monthly to the State Transportation Trust
 1381  Fund, except that:
 1382         (b) Annually, $2.5 million shall be transferred to the
 1383  State Game Trust Fund in the Fish and Wildlife Conservation
 1384  Commission in each fiscal year and used for recreational boating
 1385  activities, and freshwater fisheries management and research.
 1386  The transfers must be made in equal monthly amounts beginning on
 1387  July 1 of each fiscal year. The commission shall annually
 1388  determine where unmet needs exist for boating-related
 1389  activities, and may fund such activities in counties where, due
 1390  to the number of vessel registrations, sufficient financial
 1391  resources are unavailable.
 1392         1. A minimum of $1.25 million shall be used to fund local
 1393  projects to provide recreational channel marking and other
 1394  uniform waterway markers, public boat ramps, lifts, and hoists,
 1395  marine railways, and other public launching facilities, derelict
 1396  vessel removal, and other local boating-related activities. In
 1397  funding the projects, the commission shall give priority
 1398  consideration to as follows:
 1399         a. Unmet needs in counties having with populations of
 1400  100,000 or fewer less.
 1401         b. Unmet needs in coastal counties having with a high level
 1402  of boating-related activities from individuals residing in other
 1403  counties.
 1404         2. The remaining $1.25 million may be used for recreational
 1405  boating activities and freshwater fisheries management and
 1406  research.
 1407         3. The commission may is authorized to adopt rules pursuant
 1408  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1409  Boating Improvement Program.
 1411  On February 1 of each year, The commission shall prepare and
 1412  make available on its Internet website file an annual report
 1413  with the President of the Senate and the Speaker of the House of
 1414  Representatives outlining the status of its Florida Boating
 1415  Improvement Program, including the projects funded, and a list
 1416  of counties whose needs are unmet due to insufficient financial
 1417  resources from vessel registration fees.
 1418         Section 51. Paragraph (b) of subsection (4) of section
 1419  212.054, Florida Statutes, is amended to read:
 1420         212.054 Discretionary sales surtax; limitations,
 1421  administration, and collection.—
 1422         (4)
 1423         (b) The proceeds of a discretionary sales surtax collected
 1424  by the selling dealer located in a county imposing which imposes
 1425  the surtax shall be returned, less the cost of administration,
 1426  to the county where the selling dealer is located. The proceeds
 1427  shall be transferred to the Discretionary Sales Surtax Clearing
 1428  Trust Fund. A separate account shall be established in the such
 1429  trust fund for each county imposing a discretionary surtax. The
 1430  amount deducted for the costs of administration may shall not
 1431  exceed 3 percent of the total revenue generated for all counties
 1432  levying a surtax authorized in s. 212.055. The amount deducted
 1433  for the costs of administration may shall be used only for those
 1434  costs that which are solely and directly attributable to the
 1435  surtax. The total cost of administration shall be prorated among
 1436  those counties levying the surtax on the basis of the amount
 1437  collected for a particular county to the total amount collected
 1438  for all counties. No later than March 1 of each year, the
 1439  department shall submit a written report which details the
 1440  expenses and amounts deducted for the costs of administration to
 1441  the President of the Senate, the Speaker of the House of
 1442  Representatives, and the governing authority of each county
 1443  levying a surtax. The department shall distribute the moneys in
 1444  the trust fund each month to the appropriate counties each
 1445  month, unless otherwise provided in s. 212.055.
 1446         Section 52. Paragraph (j) of subsection (5) of section
 1447  212.08, Florida Statutes, is amended to read:
 1448         212.08 Sales, rental, use, consumption, distribution, and
 1449  storage tax; specified exemptions.—The sale at retail, the
 1450  rental, the use, the consumption, the distribution, and the
 1451  storage to be used or consumed in this state of the following
 1452  are hereby specifically exempt from the tax imposed by this
 1453  chapter.
 1454         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1455         (j) Machinery and equipment used in semiconductor, defense,
 1456  or space technology production.—
 1457         1.a. Industrial machinery and equipment used in
 1458  semiconductor technology facilities certified under subparagraph
 1459  5. to manufacture, process, compound, or produce semiconductor
 1460  technology products for sale or for use by these facilities are
 1461  exempt from the tax imposed by this chapter. For purposes of
 1462  this paragraph, industrial machinery and equipment includes
 1463  molds, dies, machine tooling, other appurtenances or accessories
 1464  to machinery and equipment, testing equipment, test beds,
 1465  computers, and software, whether purchased or self-fabricated,
 1466  and, if self-fabricated, includes materials and labor for
 1467  design, fabrication, and assembly.
 1468         b. Industrial machinery and equipment used in defense or
 1469  space technology facilities certified under subparagraph 5. to
 1470  design, manufacture, assemble, process, compound, or produce
 1471  defense technology products or space technology products for
 1472  sale or for use by these facilities are exempt from the tax
 1473  imposed by this chapter.
 1474         2. Building materials purchased for use in manufacturing or
 1475  expanding clean rooms in semiconductor-manufacturing facilities
 1476  are exempt from the tax imposed by this chapter.
 1477         3. In addition to meeting the criteria mandated by
 1478  subparagraph 1. or subparagraph 2., a business must be certified
 1479  by the Office of Tourism, Trade, and Economic Development as
 1480  authorized in this paragraph in order to qualify for exemption
 1481  under this paragraph.
 1482         4. For items purchased tax-exempt pursuant to this
 1483  paragraph, possession of a written certification from the
 1484  purchaser, certifying the purchaser’s entitlement to the
 1485  exemption pursuant to this paragraph, relieves the seller of the
 1486  responsibility of collecting the tax on the sale of such items,
 1487  and the department shall look solely to the purchaser for
 1488  recovery of the tax if it determines that the purchaser was not
 1489  entitled to the exemption.
 1490         5.a. To be eligible to receive the exemption provided by
 1491  subparagraph 1. or subparagraph 2., a qualifying business entity
 1492  shall apply initially apply to Enterprise Florida, Inc. The
 1493  original certification is shall be valid for a period of 2
 1494  years. In lieu of submitting a new application, the original
 1495  certification may be renewed biennially by submitting to the
 1496  Office of Tourism, Trade, and Economic Development a statement,
 1497  certified under oath, that there has been no material change in
 1498  the conditions or circumstances entitling the business entity to
 1499  the original certification. The initial application and the
 1500  certification renewal statement shall be developed by the Office
 1501  of Tourism, Trade, and Economic Development in consultation with
 1502  Enterprise Florida, Inc.
 1503         b. Enterprise Florida, Inc., shall review each submitted
 1504  initial application and information and determine whether or not
 1505  the application is complete within 5 working days. Once an
 1506  application is complete, Enterprise Florida, Inc., shall, within
 1507  10 working days, evaluate the application and recommend approval
 1508  or disapproval of the application to the Office of Tourism,
 1509  Trade, and Economic Development.
 1510         c. Upon receipt of the initial application and
 1511  recommendation from Enterprise Florida, Inc., or upon receipt of
 1512  a certification renewal statement, the Office of Tourism, Trade,
 1513  and Economic Development shall certify within 5 working days
 1514  those applicants who are found to meet the requirements of this
 1515  section and notify the applicant, Enterprise Florida, Inc., and
 1516  the department of the original certification or certification
 1517  renewal. If the Office of Tourism, Trade, and Economic
 1518  Development finds that the applicant does not meet the
 1519  requirements of this section, it shall notify the applicant and
 1520  Enterprise Florida, Inc., within 10 working days that the
 1521  application for certification has been denied and the reasons
 1522  for denial. The Office of Tourism, Trade, and Economic
 1523  Development has final approval authority for certification under
 1524  this section.
 1525         d. The initial application and certification renewal
 1526  statement must indicate, for program evaluation purposes only,
 1527  the average number of full-time equivalent employees at the
 1528  facility over the preceding calendar year, the average wage and
 1529  benefits paid to those employees over the preceding calendar
 1530  year, the total investment made in real and tangible personal
 1531  property over the preceding calendar year, and the total value
 1532  of tax-exempt purchases and taxes exempted during the previous
 1533  year. The department shall assist the Office of Tourism, Trade,
 1534  and Economic Development in evaluating and verifying information
 1535  provided in the application for exemption.
 1536         e. The Office of Tourism, Trade, and Economic Development
 1537  may use the information reported on the initial application and
 1538  certification renewal statement for evaluation purposes only and
 1539  shall prepare an annual report on the exemption program and its
 1540  cost and impact. The annual report for the preceding fiscal year
 1541  shall be submitted to the Governor, the President of the Senate,
 1542  and the Speaker of the House of Representatives by September 30
 1543  of each fiscal year.
 1544         6. A business certified to receive this exemption may elect
 1545  to designate one or more state universities or community
 1546  colleges as recipients of up to 100 percent of the amount of the
 1547  exemption for which they may qualify. To receive these funds,
 1548  the institution must agree to match the funds so earned with
 1549  equivalent cash, programs, services, or other in-kind support on
 1550  a one-to-one basis for in the pursuit of research and
 1551  development projects as requested by the certified business. The
 1552  rights to any patents, royalties, or real or intellectual
 1553  property must be vested in the business unless otherwise agreed
 1554  to by the business and the university or community college.
 1555         7. As used in this paragraph, the term:
 1556         a. “Semiconductor technology products” means raw
 1557  semiconductor wafers or semiconductor thin films that are
 1558  transformed into semiconductor memory or logic wafers, including
 1559  wafers containing mixed memory and logic circuits; related
 1560  assembly and test operations; active-matrix flat panel displays;
 1561  semiconductor chips; semiconductor lasers; optoelectronic
 1562  elements; and related semiconductor technology products as
 1563  determined by the Office of Tourism, Trade, and Economic
 1564  Development.
 1565         b. “Clean rooms” means manufacturing facilities enclosed in
 1566  a manner that meets the clean manufacturing requirements
 1567  necessary for high-technology semiconductor-manufacturing
 1568  environments.
 1569         c. “Defense technology products” means products that have a
 1570  military application, including, but not limited to, weapons,
 1571  weapons systems, guidance systems, surveillance systems,
 1572  communications or information systems, munitions, aircraft,
 1573  vessels, or boats, or components thereof, which are intended for
 1574  military use and manufactured in performance of a contract with
 1575  the United States Department of Defense or the military branch
 1576  of a recognized foreign government or a subcontract thereunder
 1577  which relates to matters of national defense.
 1578         d. “Space technology products” means products that are
 1579  specifically designed or manufactured for application in space
 1580  activities, including, but not limited to, space launch
 1581  vehicles, space flight vehicles, missiles, satellites or
 1582  research payloads, avionics, and associated control systems and
 1583  processing systems and components of any of the foregoing. The
 1584  term does not include products that are designed or manufactured
 1585  for general commercial aviation or other uses even though those
 1586  products may also serve an incidental use in space applications.
 1587         Section 53. Section 213.0452, Florida Statutes, is
 1588  repealed.
 1589         Section 54. Section 213.054, Florida Statutes, is repealed.
 1590         Section 55. Subsection (3) of section 215.70, Florida
 1591  Statutes, is amended to read:
 1592         215.70 State Board of Administration to act in case of
 1593  defaults.—
 1594         (3) It shall be the duty of The State Board of
 1595  Administration shall to monitor the debt service accounts for
 1596  bonds issued pursuant to this act. The board shall advise the
 1597  Governor and Legislature of any projected need to appropriate
 1598  funds to honor the pledge of full faith and credit of the state.
 1599  The report must shall include the estimated amount of
 1600  appropriations needed, the estimated maximum amount of
 1601  appropriations needed, and a contingency appropriation request
 1602  for each bond issue.
 1603         Section 56. Paragraph (z) of subsection (1) of section
 1604  216.011, Florida Statutes, is amended to read:
 1605         216.011 Definitions.—
 1606         (1) For the purpose of fiscal affairs of the state,
 1607  appropriations acts, legislative budgets, and approved budgets,
 1608  each of the following terms has the meaning indicated:
 1609         (z) “Long-range program plan” means a plan developed
 1610  pursuant to s. 216.013 on an annual basis by each state agency
 1611  that is policy based, priority driven, accountable, and
 1612  developed through careful examination and justification of all
 1613  programs and their associated costs. Each plan is developed by
 1614  examining the needs of agency customers and clients and
 1615  proposing programs and associated costs to address those needs
 1616  based on state priorities as established by law, the agency
 1617  mission, and legislative authorization. The plan provides the
 1618  framework and context for preparing the legislative budget
 1619  request and includes performance indicators for evaluating the
 1620  impact of programs and agency performance.
 1621         Section 57. Paragraph (c) of subsection (10) of section
 1622  216.181, Florida Statutes, is repealed.
 1623         Section 58. Subsection (5) of section 252.55, Florida
 1624  Statutes, is amended to read:
 1625         252.55 Civil Air Patrol, Florida Wing.—
 1626         (5) The wing commander of the Florida Wing of the Civil Air
 1627  Patrol shall biennially furnish the Bureau of Emergency
 1628  Management a 2-year an annual projection of the goals and
 1629  objectives of the Civil Air Patrol which shall for the following
 1630  year. These will be reported to the Governor in the division’s
 1631  biennial annual report submitted pursuant to s. 252.35 of the
 1632  division on February 1 of each year.
 1633         Section 59. Subsection (1) of section 253.7825, Florida
 1634  Statutes, is amended to read:
 1635         253.7825 Recreational uses.—
 1636         (1) The Cross Florida Greenways State Recreation and
 1637  Conservation Area must be managed as a multiple-use area
 1638  pursuant to s. 253.034(2)(a), and as further provided in this
 1639  section herein. The University of Florida Management Plan
 1640  provides a conceptual recreational plan that may ultimately be
 1641  developed at various locations throughout the greenways
 1642  corridor. The plan proposes to locate a number of the larger,
 1643  more comprehensive and complex recreational facilities in
 1644  sensitive, natural resource areas. Future site-specific studies
 1645  and investigations must be conducted by the department to
 1646  determine compatibility with, and potential for adverse impact
 1647  to, existing natural resources, need for the facility, the
 1648  availability of other alternative locations with reduced adverse
 1649  impacts to existing natural resources, and the proper specific
 1650  sites and locations for the more comprehensive and complex
 1651  facilities. Furthermore, it is appropriate, with the approval of
 1652  the department, to allow more fishing docks, boat launches, and
 1653  other user-oriented facilities to be developed and maintained by
 1654  local governments.
 1655         Section 60. Section 253.7826, Florida Statutes, is
 1656  repealed.
 1657         Section 61. Section 253.7829, Florida Statutes, is
 1658  repealed.
 1659         Section 62. Subsection (4) of section 259.037, Florida
 1660  Statutes, is amended to read:
 1661         259.037 Land Management Uniform Accounting Council.—
 1662         (4) The council shall provide a report of the agencies’
 1663  expenditures pursuant to the adopted categories to the President
 1664  of the Senate and the Speaker of the House of Representatives
 1665  annually, beginning July 1, 2001. The council shall also provide
 1666  this report to the Acquisition and Restoration Council and the
 1667  division for inclusion in its annual report required pursuant to
 1668  s. 259.036.
 1669         Section 63. Subsection (4) of section 267.074, Florida
 1670  Statutes, is repealed.
 1671         Section 64. Subsection (3) of section 284.50, Florida
 1672  Statutes, is repealed.
 1673         Section 65. Subsection (11) of section 287.045, Florida
 1674  Statutes, is repealed.
 1675         Section 66. Subsection (7) of section 288.108, Florida
 1676  Statutes, is repealed.
 1677         Section 67. Section 288.1185, Florida Statutes, is
 1678  repealed.
 1679         Section 68. Paragraph (e) of subsection (8) of section
 1680  288.1229, Florida Statutes, is amended to read:
 1681         288.1229 Promotion and development of sports-related
 1682  industries and amateur athletics; direct-support organization;
 1683  powers and duties.—
 1684         (8) To promote amateur sports and physical fitness, the
 1685  direct-support organization shall:
 1686         (e) Promote Florida as a host for national and
 1687  international amateur athletic competitions. As part of this
 1688  effort, the direct-support organization shall:
 1689         1. Assist and support Florida cities or communities bidding
 1690  or seeking to host the Summer Olympics or Pan American Games.
 1691         2. Annually report to the Governor, the President of the
 1692  Senate, and the Speaker of the House of Representatives on the
 1693  status of the efforts of cities or communities bidding to host
 1694  the Summer Olympics or Pan American Games, including, but not
 1695  limited to, current financial and infrastructure status,
 1696  projected financial and infrastructure needs, and
 1697  recommendations for satisfying the unmet needs and fulfilling
 1698  the requirements for a successful bid in any year that the
 1699  Summer Olympics or Pan American Games are held in this state.
 1700         Section 69. Subsection (4) of section 288.7015, Florida
 1701  Statutes, is repealed.
 1702         Section 70. Section 288.7771, Florida Statutes, is amended
 1703  to read:
 1704         288.7771 Annual report of Florida Export Finance
 1705  Corporation.—By March 31 of each year, The corporation shall
 1706  annually prepare and submit to Enterprise Florida, Inc., for
 1707  inclusion in its annual report required by s. 288.095 the
 1708  Governor, the President of the Senate, the Speaker of the House
 1709  of Representatives, the Senate Minority Leader, and the House
 1710  Minority Leader a complete and detailed report setting forth:
 1711         (1) The report required in s. 288.776(3).
 1712         (2) Its assets and liabilities at the end of its most
 1713  recent fiscal year.
 1714         Section 71. Subsections (8), (10), and (11) of section
 1715  288.8175, Florida Statutes, are repealed.
 1716         Section 72. Subsection (5) of section 288.853, Florida
 1717  Statutes, is repealed.
 1718         Section 73. Paragraph (l) of subsection (1) of section
 1719  288.904, Florida Statutes, is amended to read:
 1720         288.904 Powers of the board of directors of Enterprise
 1721  Florida, Inc.—
 1722         (1) The board of directors of Enterprise Florida, Inc.,
 1723  shall have the power to:
 1724         (l) Create and dissolve advisory committees, working
 1725  groups, task forces, or similar organizations, as necessary to
 1726  carry out the mission of Enterprise Florida, Inc. By August 1,
 1727  1999, Enterprise Florida, Inc., shall establish an advisory
 1728  committee on international business issues, and an advisory
 1729  committee on small business issues. These committees shall be
 1730  comprised of individuals representing the private sector and the
 1731  public sector with expertise in the respective subject areas.
 1732  The purpose of the committees shall be to guide and advise
 1733  Enterprise Florida, Inc., on the development and implementation
 1734  of policies, strategies, programs, and activities affecting
 1735  international business and small business. The advisory
 1736  committee on international business and the advisory committee
 1737  on small business shall meet at the call of the chairperson or
 1738  vice chairperson of the board of directors of Enterprise
 1739  Florida, Inc., but shall meet at least quarterly. Meetings of
 1740  the advisory committee on international business and the
 1741  advisory committee on small business may be held telephonically;
 1742  however, meetings of the committees that are held in person
 1743  shall be rotated at different locations around the state to
 1744  ensure participation of local and regional economic development
 1745  practitioners and other members of the public. Members of
 1746  advisory committees, working groups, task forces, or similar
 1747  organizations created by Enterprise Florida, Inc., shall serve
 1748  without compensation, but may be reimbursed for reasonable,
 1749  necessary, and actual expenses, as determined by the board of
 1750  directors of Enterprise Florida, Inc.
 1751         Section 74. Subsection (5) of section 288.95155, Florida
 1752  Statutes, is amended to read:
 1753         288.95155 Florida Small Business Technology Growth
 1754  Program.—
 1755         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1756  shall prepare and include in its annual report required by s.
 1757  288.095 a report on the financial status of the program and the
 1758  account and shall submit a copy of the report to the board of
 1759  directors of Enterprise Florida, Inc., the appropriate
 1760  legislative committees responsible for economic development
 1761  oversight, and the appropriate legislative appropriations
 1762  subcommittees. The report must shall specify the assets and
 1763  liabilities of the program account within the current fiscal
 1764  year and must shall include a portfolio update that lists all of
 1765  the businesses assisted, the private dollars leveraged by each
 1766  business assisted, and the growth in sales and in employment of
 1767  each business assisted.
 1768         Section 75. Paragraph (c) of subsection (4) of section
 1769  288.9604, Florida Statutes, is amended to read:
 1770         288.9604 Creation of the authority.—
 1771         (4)
 1772         (c) The directors of the corporation shall annually elect
 1773  one of their members as chair and one as vice chair. The
 1774  corporation may employ a president, technical experts, and such
 1775  other agents and employees, permanent and temporary, as it
 1776  requires and determine their qualifications, duties, and
 1777  compensation. For such legal services as it requires, the
 1778  corporation may employ or retain its own counsel and legal
 1779  staff. The corporation shall file with the governing body of
 1780  each public agency with which it has entered into an interlocal
 1781  agreement and with the Governor, the Speaker of the House of
 1782  Representatives, the President of the Senate, the Minority
 1783  Leaders of the Senate and House of Representatives, and the
 1784  Auditor General, on or before 90 days after the close of the
 1785  fiscal year of the corporation, a report of its activities for
 1786  the preceding fiscal year, which report shall include a complete
 1787  financial statement setting forth its assets, liabilities,
 1788  income, and operating expenses as of the end of such fiscal
 1789  year.
 1790         Section 76. Section 288.9610, Florida Statutes, is amended
 1791  to read:
 1792         288.9610 Annual reports of Florida Development Finance
 1793  Corporation.—On or before 90 days after the close of By December
 1794  1 of each year, the Florida Development Finance Corporation’s
 1795  fiscal year, the corporation shall submit to the Governor, the
 1796  Legislature President of the Senate, the Speaker of the House of
 1797  Representatives, the Senate Minority Leader, the House Minority
 1798  Leader, the Auditor General, and the governing body of each
 1799  public entity with which it has entered into an interlocal
 1800  agreement city or county activating the Florida Development
 1801  Finance Corporation a complete and detailed report setting
 1802  forth:
 1803         (1) The results of any audit conducted pursuant to s. 11.45
 1804  evaluation required in s. 11.45(3)(j).
 1805         (2) The activities, operations, and accomplishments of the
 1806  Florida Development Finance Corporation, including the number of
 1807  businesses assisted by the corporation.
 1808         (3) Its assets, and liabilities, income, and operating
 1809  expenses at the end of its most recent fiscal year, including a
 1810  description of all of its outstanding revenue bonds.
 1811         Section 77. Subsection (6) of section 292.05, Florida
 1812  Statutes, is amended to read:
 1813         292.05 Duties of Department of Veterans’ Affairs.—
 1814         (6) The department shall, by on December 31 of each year,
 1815  submit make an annual written report to the Governor, the
 1816  Cabinet, and the Legislature which describes: of the state, the
 1817  Speaker of the House of Representatives, and the President of
 1818  the Senate, which report shall show
 1819         (a) The expenses incurred in veteran service work in the
 1820  state; the number, nature, and kind of cases handled by the
 1821  department and by county and city veteran service officers of
 1822  the state; the amounts of benefits obtained for veterans; the
 1823  names and addresses of all certified veteran service officers,
 1824  including county and city veteran service officers. The report
 1825  must shall also describe the actions taken by the department in
 1826  implementing subsections (4), (5), and (7) and include shall
 1827  contain such other information and recommendations as may appear
 1828  to the department requires to be right and proper.
 1829         (b)The current status of the department’s domiciliary and
 1830  nursing homes established pursuant to chapter 296, including all
 1831  receipts and expenditures, the condition of the homes, the
 1832  number of residents received and discharged during the preceding
 1833  year, occupancy rates, staffing, and any other information
 1834  necessary to provide an understanding of the management,
 1835  conduct, and operation of the homes.
 1836         Section 78. Section 296.16, Florida Statutes, is repealed.
 1837         Section 79. Section 296.39, Florida Statutes, is repealed.
 1838         Section 80. Paragraph (c) of subsection (12) of section
 1839  315.03, Florida Statutes, is repealed.
 1840         Section 81. Subsection (2) of section 319.324, Florida
 1841  Statutes, is amended to read:
 1842         319.324 Odometer fraud prevention and detection; funding.—
 1843         (2) Moneys deposited into the Highway Safety Operating
 1844  Trust Fund under this section shall be used to implement and
 1845  maintain efforts by the department to prevent and detect
 1846  odometer fraud, including the prompt investigation of alleged
 1847  instances of odometer mileage discrepancies reported by licensed
 1848  motor vehicle dealers, auctions, or purchasers of motor
 1849  vehicles. Such moneys shall also be used to fund an annual
 1850  report to the Legislature by the Department of Highway Safety
 1851  and Motor Vehicles, summarizing the department’s investigations
 1852  and findings. In addition, moneys deposited into the fund may be
 1853  used by the department for general operations.
 1854         Section 82. Section 322.181, Florida Statutes, is repealed.
 1855         Section 83. Paragraph (c) of subsection (7) of section
 1856  322.251, Florida Statutes, is repealed.
 1857         Section 84. Section 373.0391, Florida Statutes, is amended
 1858  to read:
 1859         373.0391 Technical assistance to local governments.—
 1860         (1) The water management districts shall assist local
 1861  governments in the development and future revision of local
 1862  government comprehensive plan elements or public facilities
 1863  report as required by s. 189.415, related to water resource
 1864  issues.
 1865         (2) By July 1, 1991, each water management district shall
 1866  prepare and provide information and data to assist local
 1867  governments in the preparation and implementation of their local
 1868  government comprehensive plans or public facilities report as
 1869  required by s. 189.415, whichever is applicable. Such
 1870  information and data shall include, but not be limited to:
 1871         (a) All information and data required in a public
 1872  facilities report pursuant to s. 189.415.
 1873         (b) A description of regulations, programs, and schedules
 1874  implemented by the district.
 1875         (c) Identification of regulations, programs, and schedules
 1876  undertaken or proposed by the district to further the State
 1877  Comprehensive Plan.
 1878         (d) A description of surface water basins, including
 1879  regulatory jurisdictions, flood-prone areas, existing and
 1880  projected water quality in water management district operated
 1881  facilities, as well as surface water runoff characteristics and
 1882  topography regarding flood plains, wetlands, and recharge areas.
 1883         (e) A description of groundwater characteristics, including
 1884  existing and planned wellfield sites, existing and anticipated
 1885  cones of influence, highly productive groundwater areas, aquifer
 1886  recharge areas, deep well injection zones, contaminated areas,
 1887  an assessment of regional water resource needs and sources for
 1888  the next 20 years, and water quality.
 1889         (f) The identification of existing and potential water
 1890  management district land acquisitions.
 1891         (g) Information reflecting the minimum flows for surface
 1892  watercourses to avoid harm to water resources or the ecosystem
 1893  and information reflecting the minimum water levels for aquifers
 1894  to avoid harm to water resources or the ecosystem.
 1895         Section 85. Subsection (4) of section 373.046, Florida
 1896  Statutes, is amended to read:
 1897         373.046 Interagency agreements.—
 1898         (4) The Legislature recognizes and affirms the division of
 1899  responsibilities between the department and the water management
 1900  districts as set forth in ss. III. and X. of each of the
 1901  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 1902  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 1903  operating agreement regarding individual permit oversight is
 1904  rescinded. The department is shall be responsible for permitting
 1905  those activities under part IV of this chapter which, because of
 1906  their complexity and magnitude, need to be economically and
 1907  efficiently evaluated at the state level, including, but not
 1908  limited to, mining, hazardous waste management facilities, and
 1909  solid waste management facilities that do not qualify for a
 1910  general permit under chapter 403. With regard to
 1911  postcertification information submittals for activities
 1912  authorized under chapters 341 and 403 siting act certifications,
 1913  the department, after consultation with the appropriate water
 1914  management district and other agencies having applicable
 1915  regulatory jurisdiction, shall determine be responsible for
 1916  determining the permittee’s compliance with conditions of
 1917  certification which are were based upon the nonprocedural
 1918  requirements of part IV of this chapter. The Legislature
 1919  authorizes The water management districts and the department may
 1920  to modify the division of responsibilities referenced in this
 1921  section and enter into further interagency agreements by
 1922  rulemaking, including incorporation by reference, pursuant to
 1923  chapter 120, to provide for greater efficiency and to avoid
 1924  duplication in the administration of part IV of this chapter by
 1925  designating certain activities that which will be regulated by
 1926  either the water management districts or the department. In
 1927  developing such interagency agreements, the water management
 1928  districts and the department shall consider should take into
 1929  consideration the technical and fiscal ability of each water
 1930  management district to implement all or some of the provisions
 1931  of part IV of this chapter. This subsection does not rescind or
 1932  restrict Nothing herein rescinds or restricts the authority of
 1933  the districts to regulate silviculture and agriculture pursuant
 1934  to part IV of this chapter or s. 403.927. By December 10, 1993,
 1935  the secretary of the department shall submit a report to the
 1936  President of the Senate and the Speaker of the House of
 1937  Representatives regarding the efficiency of the procedures and
 1938  the division of responsibilities contemplated by this subsection
 1939  and regarding progress toward the execution of further
 1940  interagency agreements and the integration of permitting with
 1941  sovereignty lands approval. The report also will consider the
 1942  feasibility of improving the protection of the environment
 1943  through comprehensive criteria for protection of natural
 1944  systems.
 1945         Section 86. Subsection (14) of section 376.121, Florida
 1946  Statutes, is repealed.
 1947         Section 87. Section 376.17, Florida Statutes, is repealed.
 1948         Section 88. Subsection (5) of section 376.30713, Florida
 1949  Statutes, is repealed.
 1950         Section 89. Subsection (2) of section 379.2211, Florida
 1951  Statutes, is amended to read:
 1952         379.2211 Florida waterfowl permit revenues.—
 1953         (2) The intent of this section is to expand waterfowl
 1954  research and management and increase waterfowl populations in
 1955  the state without detracting from other programs. The commission
 1956  shall prepare and make available on its Internet website an
 1957  annual report documenting the use of funds generated under the
 1958  provisions of this section, to be submitted to the Governor, the
 1959  Speaker of the House of Representatives, and the President of
 1960  the Senate on or before September 1 of each year.
 1961         Section 90. Subsection (2) of section 379.2212, Florida
 1962  Statutes, is amended to read:
 1963         379.2212 Florida wild turkey permit revenues.—
 1964         (2) The intent of this section is to expand wild turkey
 1965  research and management and to increase wild turkey populations
 1966  in the state without detracting from other programs. The
 1967  commission shall prepare and make available on its Internet
 1968  website an annual report documenting the use of funds generated
 1969  under the provisions of this section, to be submitted to the
 1970  Governor, the Speaker of the House of Representatives, and the
 1971  President of the Senate on or before September 1 of each year.
 1972         Section 91. Subsection (8) of section 379.2523, Florida
 1973  Statutes, is repealed.
 1974         Section 92. Paragraph (a) of subsection (2) of section
 1975  380.06, Florida Statutes, is amended to read:
 1976         380.06 Developments of regional impact.—
 1978         (a) The state land planning agency shall recommend to the
 1979  Administration Commission specific statewide guidelines and
 1980  standards for adoption pursuant to this subsection. The
 1981  Administration Commission shall by rule adopt statewide
 1982  guidelines and standards to be used in determining whether
 1983  particular developments shall undergo development-of-regional
 1984  impact review. The statewide guidelines and standards previously
 1985  adopted by the Administration Commission and approved by the
 1986  Legislature shall remain in effect unless revised pursuant to
 1987  this section or superseded by other provisions of law. Revisions
 1988  to the present statewide guidelines and standards, after
 1989  adoption by the Administration Commission, shall be transmitted
 1990  on or before March 1 to the President of the Senate and the
 1991  Speaker of the House of Representatives for presentation at the
 1992  next regular session of the Legislature. Unless approved by law
 1993  by the Legislature, the revisions to the present guidelines and
 1994  standards shall not become effective.
 1995         Section 93. Subsection (3) of section 380.0677, Florida
 1996  Statutes, is repealed.
 1997         Section 94. Subsection (3) of section 381.0011, Florida
 1998  Statutes, is repealed.
 1999         Section 95. Section 381.0036, Florida Statutes, is
 2000  repealed.
 2001         Section 96. Section 381.731, Florida Statutes, is repealed.
 2002         Section 97. Section 381.795, Florida Statutes, is amended
 2003  to read:
 2004         381.795 Long-term community-based supports.—The department
 2005  shall, contingent upon specific appropriations for these
 2006  purposes, establish:
 2007         (1) Study the long-term needs for community-based supports
 2008  and services for individuals who have sustained traumatic brain
 2009  or spinal cord injuries. The purpose of this study is to prevent
 2010  inappropriate residential and institutional placement of these
 2011  individuals, and promote placement in the most cost effective
 2012  and least restrictive environment. Any placement recommendations
 2013  for these individuals shall ensure full utilization of and
 2014  collaboration with other state agencies, programs, and community
 2015  partners. This study shall be submitted to the Governor, the
 2016  President of the Senate, and the Speaker of the House of
 2017  Representatives not later than December 31, 2000.
 2018         (2) Based upon the results of this study, establish a plan
 2019  for the implementation of a program of long-term community-based
 2020  supports and services for individuals who have sustained
 2021  traumatic brain or spinal cord injuries and who may be subject
 2022  to inappropriate residential and institutional placement as a
 2023  direct result of such injuries.
 2024         (1)(a) The program shall be payor of last resort for
 2025  program services, and expenditures for such services shall be
 2026  considered funded services for purposes of s. 381.785; however,
 2027  notwithstanding s. 381.79(5), proceeds resulting from this
 2028  subsection shall be used solely for this program.
 2029         (2)(b) The department shall adopt create, by rule,
 2030  procedures to ensure, that if in the event the program is unable
 2031  to directly or indirectly provide such services to all eligible
 2032  individuals due to lack of funds, those individuals most at risk
 2033  of suffering to suffer the greatest harm from an imminent
 2034  inappropriate residential or institutional placement are served
 2035  first.
 2036         (3)(c) Every applicant or recipient of the long-term
 2037  community-based supports and services program must shall have
 2038  been a resident of the state for 1 year immediately preceding
 2039  application and be a resident of the state at the time of
 2040  application.
 2041         (4)(d) The department shall adopt rules pursuant to ss.
 2042  120.536(1) and 120.54 to administer implement the provision of
 2043  this section subsection.
 2044         Section 98. Section 381.931, Florida Statutes, is amended
 2045  to read:
 2046         381.931 Annual report on Medicaid expenditures.—The
 2047  Department of Health and the Agency for Health Care
 2048  Administration shall monitor the total Medicaid expenditures for
 2049  services made under this act. If Medicaid expenditures are
 2050  projected to exceed the amount appropriated by the Legislature,
 2051  the Department of Health shall limit the number of screenings to
 2052  ensure Medicaid expenditures do not exceed the amount
 2053  appropriated. The Department of Health, in cooperation with the
 2054  Agency for Health Care Administration, shall prepare an annual
 2055  report that must include the number of women screened; the
 2056  percentage of positive and negative outcomes; the number of
 2057  referrals to Medicaid and other providers for treatment
 2058  services; the estimated number of women who are not screened or
 2059  not served by Medicaid due to funding limitations, if any; the
 2060  cost of Medicaid treatment services; and the estimated cost of
 2061  treatment services for women who were not screened or referred
 2062  for treatment due to funding limitations. The report shall be
 2063  submitted to the President of the Senate, the Speaker of the
 2064  House of Representatives, and the Executive Office of the
 2065  Governor by March 1 of each year.
 2066         Section 99. Subsection (6) of section 383.19, Florida
 2067  Statutes, is amended to read:
 2068         383.19 Standards; funding; ineligibility.—
 2069         (6) Each hospital that which contracts with the department
 2070  to provide services under the terms of ss. 383.15-383.21 shall
 2071  prepare and submit to the department an annual report that
 2072  includes, but is not limited to, the number of clients served
 2073  and the costs of services in the center. The department shall
 2074  annually conduct a programmatic and financial evaluation of each
 2075  center.
 2076         Section 100. Section 383.21, Florida Statutes, is repealed.
 2077         Section 101. Section 383.2161, Florida Statutes, is amended
 2078  to read:
 2079         383.2161 Maternal and child health report.—The Department
 2080  of Health annually shall annually compile and analyze the risk
 2081  information collected by the Office of Vital Statistics and the
 2082  district prenatal and infant care coalitions and shall maintain
 2083  county and statewide data on prepare and submit to the
 2084  Legislature by January 2 a report that includes, but is not
 2085  limited to:
 2086         (1) The number of families identified as families at
 2087  potential risk;
 2088         (2) The number of families receiving that receive family
 2089  outreach services;
 2090         (3) The increase in demand for services; and
 2091         (4) The unmet need for services for identified target
 2092  groups.
 2093         Section 102. Subsection (4) of section 394.4573, Florida
 2094  Statutes, is repealed.
 2095         Section 103. Subsection (1) of section 394.4985, Florida
 2096  Statutes, is amended to read:
 2097         394.4985 Districtwide information and referral network;
 2098  implementation.—
 2099         (1) Each service district of the Department of Children and
 2100  Family Services shall develop a detailed implementation plan for
 2101  a districtwide comprehensive child and adolescent mental health
 2102  information and referral network to be operational by July 1,
 2103  1999. The plan must include an operating budget that
 2104  demonstrates cost efficiencies and identifies funding sources
 2105  for the district information and referral network. The plan must
 2106  be submitted by the department to the Legislature by October 1,
 2107  1998. The district shall use existing district information and
 2108  referral providers if, in the development of the plan, it is
 2109  concluded that these providers would deliver information and
 2110  referral services in a more efficient and effective manner when
 2111  compared to other alternatives. The district information and
 2112  referral network must include:
 2113         (a) A resource file that contains information about the
 2114  child and adolescent mental health services as described in s.
 2115  394.495, including, but not limited to:
 2116         1. Type of program;
 2117         2. Hours of service;
 2118         3. Ages of persons served;
 2119         4. Program description;
 2120         5. Eligibility requirements; and
 2121         6. Fees.
 2122         (b) Information about private providers and professionals
 2123  in the community who which serve children and adolescents with
 2124  an emotional disturbance.
 2125         (c) A system to document requests for services which that
 2126  are received through the network referral process, including,
 2127  but not limited to:
 2128         1. Number of calls by type of service requested;
 2129         2. Ages of the children and adolescents for whom services
 2130  are requested; and
 2131         3. Type of referral made by the network.
 2132         (d) The ability to share client information with the
 2133  appropriate community agencies.
 2134         (e) The submission of an annual report to the department,
 2135  the Agency for Health Care Administration, and appropriate local
 2136  government entities, which contains information about the
 2137  sources and frequency of requests for information, types and
 2138  frequency of services requested, and types and frequency of
 2139  referrals made.
 2140         Section 104. Section 394.82, Florida Statutes, is repealed.
 2141         Section 105. Subsection (9) of section 394.9082, Florida
 2142  Statutes, is repealed.
 2143         Section 106. Section 394.9083, Florida Statutes, is
 2144  repealed.
 2145         Section 107. Paragraph (c) of subsection (2) of section
 2146  395.807, Florida Statutes, is repealed.
 2147         Section 108. Subsection (3) of section 397.332, Florida
 2148  Statutes, is repealed.
 2149         Section 109. Subsection (1) of section 397.94, Florida
 2150  Statutes, is repealed.
 2151         Section 110. Subsection (2) of section 400.148, Florida
 2152  Statutes, is repealed.
 2153         Section 111. Paragraph (a) of subsection (2) of section
 2154  400.967, Florida Statutes, is amended to read:
 2155         400.967 Rules and classification of deficiencies.—
 2156         (2) Pursuant to the intention of the Legislature, the
 2157  agency, in consultation with the Agency for Persons with
 2158  Disabilities and the Department of Elderly Affairs, shall adopt
 2159  and enforce rules to administer this part and part II of chapter
 2160  408, which shall include reasonable and fair criteria governing:
 2161         (a) The location and construction of the facility;
 2162  including fire and life safety, plumbing, heating, cooling,
 2163  lighting, ventilation, and other housing conditions that will
 2164  ensure the health, safety, and comfort of residents. The agency
 2165  shall establish standards for facilities and equipment to
 2166  increase the extent to which new facilities and a new wing or
 2167  floor added to an existing facility after July 1, 2000, are
 2168  structurally capable of serving as shelters only for residents,
 2169  staff, and families of residents and staff, and equipped to be
 2170  self-supporting during and immediately following disasters. The
 2171  Agency for Health Care Administration shall work with facilities
 2172  licensed under this part and report to the Governor and the
 2173  Legislature by April 1, 2000, its recommendations for cost
 2174  effective renovation standards to be applied to existing
 2175  facilities. In making such rules, the agency shall be guided by
 2176  criteria recommended by nationally recognized, reputable
 2177  professional groups and associations having knowledge concerning
 2178  such subject matters. The agency shall update or revise the such
 2179  criteria as the need arises. All facilities must comply with
 2180  those lifesafety code requirements and building code standards
 2181  applicable at the time of approval of their construction plans.
 2182  The agency may require alterations to a building if it
 2183  determines that an existing condition constitutes a distinct
 2184  hazard to life, health, or safety. The agency shall adopt fair
 2185  and reasonable rules setting forth conditions under which
 2186  existing facilities undergoing additions, alterations,
 2187  conversions, renovations, or repairs are required to comply with
 2188  the most recent updated or revised standards.
 2189         Section 112. Subsection (3) of section 402.3016, Florida
 2190  Statutes, is repealed.
 2191         Section 113. Subsection (9) of section 402.40, Florida
 2192  Statutes, is repealed.
 2193         Section 114. Subsection (1) of section 403.4131, Florida
 2194  Statutes, is amended to read:
 2195         403.4131 Litter control.—
 2196         (1) The Department of Transportation shall establish an
 2197  “adopt-a-highway” program to allow local organizations to be
 2198  identified with specific highway cleanup and highway
 2199  beautification projects authorized under s. 339.2405. The
 2200  department shall report to the Governor and the Legislature on
 2201  the progress achieved and the savings incurred by the “adopt-a
 2202  highway” program. The department shall also monitor and report
 2203  on compliance with the provisions of the adopt-a-highway program
 2204  to ensure that organizations participating that participate in
 2205  the program comply with the goals identified by the department.
 2206         Section 115. Paragraph (d) of subsection (2) of section
 2207  403.706, Florida Statutes, is repealed.
 2208         Section 116. Paragraph (a) of subsection (4) of section
 2209  406.02, Florida Statutes, is repealed.
 2210         Section 117. Paragraph (g) of subsection (1) of section
 2211  408.033, Florida Statutes, is amended to read:
 2212         408.033 Local and state health planning.—
 2213         (1) LOCAL HEALTH COUNCILS.—
 2214         (g) Each local health council may is authorized to accept
 2215  and receive, in furtherance of its health planning functions,
 2216  funds, grants, and services from governmental agencies and from
 2217  private or civic sources and to perform studies related to local
 2218  health planning in exchange for such funds, grants, or services.
 2219  Each local health council shall, no later than January 30 of
 2220  each year, render an accounting of the receipt and disbursement
 2221  of such funds received by it to the Department of Health. The
 2222  department shall consolidate all such reports and submit such
 2223  consolidated report to the Legislature no later than March 1 of
 2224  each year.
 2225         Section 118. Subsection (4) of section 408.914, Florida
 2226  Statutes, is repealed.
 2227         Section 119. Paragraph (i) of subsection (3) of section
 2228  408.915, Florida Statutes, is repealed.
 2229         Section 120. Section 408.917, Florida Statutes, is
 2230  repealed.
 2231         Section 121. Paragraph (b) of subsection (7) of section
 2232  409.1451, Florida Statutes, is amended to read:
 2233         409.1451 Independent living transition services.—
 2235  Secretary of Children and Family Services shall establish the
 2236  Independent Living Services Advisory Council for the purpose of
 2237  reviewing and making recommendations concerning the
 2238  implementation and operation of the independent living
 2239  transition services. This advisory council shall continue to
 2240  function as specified in this subsection until the Legislature
 2241  determines that the advisory council can no longer provide a
 2242  valuable contribution to the department’s efforts to achieve the
 2243  goals of the independent living transition services.
 2244         (b) The advisory council shall report to the secretary
 2245  appropriate substantive committees of the Senate and the House
 2246  of Representatives on the status of the implementation of the
 2247  system of independent living transition services; efforts to
 2248  publicize the availability of aftercare support services, the
 2249  Road-to-Independence Program, and transitional support services;
 2250  the success of the services; problems identified;
 2251  recommendations for department or legislative action; and the
 2252  department’s implementation of the recommendations contained in
 2253  the Independent Living Services Integration Workgroup Report
 2254  submitted to the appropriate Senate and the House substantive
 2255  committees of the Legislature by December 31, 2002. The
 2256  department shall submit a report by December 31 of each year to
 2257  the Governor and the Legislature This advisory council report
 2258  shall be submitted by December 31 of each year that the council
 2259  is in existence and shall be accompanied by a report from the
 2260  department which includes a summary of the factors reported on
 2261  by the council and identifies the recommendations of the
 2262  advisory council and either describes the department’s actions
 2263  to implement the these recommendations or provides the
 2264  department’s rationale for not implementing the recommendations.
 2265         Section 122. Section 409.152, Florida Statutes, is
 2266  repealed.
 2267         Section 123. Subsections (1) and (2) of section 409.1679,
 2268  Florida Statutes, are repealed.
 2269         Section 124. Section 409.1685, Florida Statutes, is amended
 2270  to read:
 2271         409.1685 Children in foster care; annual report to
 2272  Legislature.—The Department of Children and Family Services
 2273  shall submit a written report to the Governor and substantive
 2274  committees of the Legislature concerning the status of children
 2275  in foster care and concerning the judicial review mandated by
 2276  part X of chapter 39. The This report shall be submitted by May
 2277  March 1 of each year and must shall include the following
 2278  information for the prior calendar year:
 2279         (1) The number of 6-month and annual judicial reviews
 2280  completed during that period.
 2281         (2) The number of children in foster care returned to a
 2282  parent, guardian, or relative as a result of a 6-month or annual
 2283  judicial review hearing during that period.
 2284         (3) The number of termination of parental rights
 2285  proceedings instituted during that period, including which shall
 2286  include:
 2287         (a) The number of termination of parental rights
 2288  proceedings initiated pursuant to former s. 39.703; and
 2289         (b) The total number of terminations of parental rights
 2290  ordered.
 2291         (4) The number of foster care children placed for adoption
 2292  during that period.
 2293         Section 125. Paragraph (k) of subsection (4) of section
 2294  409.221, Florida Statutes, is repealed.
 2295         Section 126. Paragraph (a) of subsection (3) of section
 2296  409.25575, Florida Statutes, is amended to read:
 2297         409.25575 Support enforcement; privatization.—
 2298         (3)(a) The department shall establish a quality assurance
 2299  program for the privatization of services. The quality assurance
 2300  program must include standards for each specific component of
 2301  these services. The department shall establish minimum
 2302  thresholds for each component. Each program operated pursuant to
 2303  contract must be evaluated annually by the department or by an
 2304  objective competent entity designated by the department under
 2305  the provisions of the quality assurance program. The evaluation
 2306  must be financed from cost savings associated with the
 2307  privatization of services. The department shall submit an annual
 2308  report regarding quality performance, outcome measure
 2309  attainment, and cost efficiency to the President of the Senate,
 2310  the Speaker of the House of Representatives, the Minority leader
 2311  of each house of the Legislature, and the Governor no later than
 2312  January 31 of each year, beginning in 1999. The quality
 2313  assurance program must be financed through administrative
 2314  savings generated by this act.
 2315         Section 127. Subsection (9) of section 409.2558, Florida
 2316  Statutes, is amended to read:
 2317         409.2558 Support distribution and disbursement.—
 2318         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2319  administer this section. The department shall provide a draft of
 2320  the proposed concepts for the rule for the undistributable
 2321  collections to interested parties for review and recommendations
 2322  prior to full development of the rule and initiating the formal
 2323  rule-development process. The department shall consider but is
 2324  not required to implement the recommendations. The department
 2325  shall provide a report to the President of the Senate and the
 2326  Speaker of the House of Representatives containing the
 2327  recommendations received from interested parties and the
 2328  department’s response regarding incorporating the
 2329  recommendations into the rule.
 2330         Section 128. Subsection (3) of section 409.441, Florida
 2331  Statutes, is repealed.
 2332         Section 129. Subsection (24) of section 409.906, Florida
 2333  Statutes, is amended to read:
 2334         409.906 Optional Medicaid services.—Subject to specific
 2335  appropriations, the agency may make payments for services which
 2336  are optional to the state under Title XIX of the Social Security
 2337  Act and are furnished by Medicaid providers to recipients who
 2338  are determined to be eligible on the dates on which the services
 2339  were provided. Any optional service that is provided shall be
 2340  provided only when medically necessary and in accordance with
 2341  state and federal law. Optional services rendered by providers
 2342  in mobile units to Medicaid recipients may be restricted or
 2343  prohibited by the agency. Nothing in this section shall be
 2344  construed to prevent or limit the agency from adjusting fees,
 2345  reimbursement rates, lengths of stay, number of visits, or
 2346  number of services, or making any other adjustments necessary to
 2347  comply with the availability of moneys and any limitations or
 2348  directions provided for in the General Appropriations Act or
 2349  chapter 216. If necessary to safeguard the state’s systems of
 2350  providing services to elderly and disabled persons and subject
 2351  to the notice and review provisions of s. 216.177, the Governor
 2352  may direct the Agency for Health Care Administration to amend
 2353  the Medicaid state plan to delete the optional Medicaid service
 2354  known as “Intermediate Care Facilities for the Developmentally
 2355  Disabled.” Optional services may include:
 2356         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2357  Health Care Administration, in consultation with the Department
 2358  of Children and Family Services, may establish a targeted case
 2359  management project in those counties identified by the
 2360  Department of Children and Family Services and for all counties
 2361  with a community-based child welfare project, as authorized
 2362  under s. 409.1671, which have been specifically approved by the
 2363  department. Results of targeted case management projects shall
 2364  be reported to the Social Services Estimating Conference
 2365  established under s. 216.136. The covered group of individuals
 2366  who are eligible to receive targeted case management include
 2367  children who are eligible for Medicaid; who are between the ages
 2368  of birth through 21; and who are under protective supervision or
 2369  postplacement supervision, under foster-care supervision, or in
 2370  shelter care or foster care. The number of individuals who are
 2371  eligible to receive targeted case management is shall be limited
 2372  to the number for whom the Department of Children and Family
 2373  Services has available matching funds to cover the costs. The
 2374  general revenue funds required to match the funds for services
 2375  provided by the community-based child welfare projects are
 2376  limited to funds available for services described under s.
 2377  409.1671. The Department of Children and Family Services may
 2378  transfer the general revenue matching funds as billed by the
 2379  Agency for Health Care Administration.
 2380         Section 130. Subsections (29) and (44), and paragraph (c)
 2381  of subsection (49) of section 409.912, Florida Statutes, are
 2382  amended to read:
 2383         409.912 Cost-effective purchasing of health care.—The
 2384  agency shall purchase goods and services for Medicaid recipients
 2385  in the most cost-effective manner consistent with the delivery
 2386  of quality medical care. To ensure that medical services are
 2387  effectively utilized, the agency may, in any case, require a
 2388  confirmation or second physician’s opinion of the correct
 2389  diagnosis for purposes of authorizing future services under the
 2390  Medicaid program. This section does not restrict access to
 2391  emergency services or poststabilization care services as defined
 2392  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2393  shall be rendered in a manner approved by the agency. The agency
 2394  shall maximize the use of prepaid per capita and prepaid
 2395  aggregate fixed-sum basis services when appropriate and other
 2396  alternative service delivery and reimbursement methodologies,
 2397  including competitive bidding pursuant to s. 287.057, designed
 2398  to facilitate the cost-effective purchase of a case-managed
 2399  continuum of care. The agency shall also require providers to
 2400  minimize the exposure of recipients to the need for acute
 2401  inpatient, custodial, and other institutional care and the
 2402  inappropriate or unnecessary use of high-cost services. The
 2403  agency shall contract with a vendor to monitor and evaluate the
 2404  clinical practice patterns of providers in order to identify
 2405  trends that are outside the normal practice patterns of a
 2406  provider’s professional peers or the national guidelines of a
 2407  provider’s professional association. The vendor must be able to
 2408  provide information and counseling to a provider whose practice
 2409  patterns are outside the norms, in consultation with the agency,
 2410  to improve patient care and reduce inappropriate utilization.
 2411  The agency may mandate prior authorization, drug therapy
 2412  management, or disease management participation for certain
 2413  populations of Medicaid beneficiaries, certain drug classes, or
 2414  particular drugs to prevent fraud, abuse, overuse, and possible
 2415  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2416  Committee shall make recommendations to the agency on drugs for
 2417  which prior authorization is required. The agency shall inform
 2418  the Pharmaceutical and Therapeutics Committee of its decisions
 2419  regarding drugs subject to prior authorization. The agency is
 2420  authorized to limit the entities it contracts with or enrolls as
 2421  Medicaid providers by developing a provider network through
 2422  provider credentialing. The agency may competitively bid single
 2423  source-provider contracts if procurement of goods or services
 2424  results in demonstrated cost savings to the state without
 2425  limiting access to care. The agency may limit its network based
 2426  on the assessment of beneficiary access to care, provider
 2427  availability, provider quality standards, time and distance
 2428  standards for access to care, the cultural competence of the
 2429  provider network, demographic characteristics of Medicaid
 2430  beneficiaries, practice and provider-to-beneficiary standards,
 2431  appointment wait times, beneficiary use of services, provider
 2432  turnover, provider profiling, provider licensure history,
 2433  previous program integrity investigations and findings, peer
 2434  review, provider Medicaid policy and billing compliance records,
 2435  clinical and medical record audits, and other factors. Providers
 2436  shall not be entitled to enrollment in the Medicaid provider
 2437  network. The agency shall determine instances in which allowing
 2438  Medicaid beneficiaries to purchase durable medical equipment and
 2439  other goods is less expensive to the Medicaid program than long
 2440  term rental of the equipment or goods. The agency may establish
 2441  rules to facilitate purchases in lieu of long-term rentals in
 2442  order to protect against fraud and abuse in the Medicaid program
 2443  as defined in s. 409.913. The agency may seek federal waivers
 2444  necessary to administer these policies.
 2445         (29) The agency shall perform enrollments and
 2446  disenrollments for Medicaid recipients who are eligible for
 2447  MediPass or managed care plans. Notwithstanding the prohibition
 2448  contained in paragraph (21)(f), managed care plans may perform
 2449  preenrollments of Medicaid recipients under the supervision of
 2450  the agency or its agents. For the purposes of this section, the
 2451  term “preenrollment” means the provision of marketing and
 2452  educational materials to a Medicaid recipient and assistance in
 2453  completing the application forms, but does shall not include
 2454  actual enrollment into a managed care plan. An application for
 2455  enrollment may shall not be deemed complete until the agency or
 2456  its agent verifies that the recipient made an informed,
 2457  voluntary choice. The agency, in cooperation with the Department
 2458  of Children and Family Services, may test new marketing
 2459  initiatives to inform Medicaid recipients about their managed
 2460  care options at selected sites. The agency shall report to the
 2461  Legislature on the effectiveness of such initiatives. The agency
 2462  may contract with a third party to perform managed care plan and
 2463  MediPass enrollment and disenrollment services for Medicaid
 2464  recipients and may is authorized to adopt rules to administer
 2465  implement such services. The agency may adjust the capitation
 2466  rate only to cover the costs of a third-party enrollment and
 2467  disenrollment contract, and for agency supervision and
 2468  management of the managed care plan enrollment and disenrollment
 2469  contract.
 2470         (44) The Agency for Health Care Administration shall ensure
 2471  that any Medicaid managed care plan as defined in s.
 2472  409.9122(2)(f), whether paid on a capitated basis or a shared
 2473  savings basis, is cost-effective. For purposes of this
 2474  subsection, the term “cost-effective” means that a network’s
 2475  per-member, per-month costs to the state, including, but not
 2476  limited to, fee-for-service costs, administrative costs, and
 2477  case-management fees, if any, must be no greater than the
 2478  state’s costs associated with contracts for Medicaid services
 2479  established under subsection (3), which may be adjusted for
 2480  health status. The agency shall conduct actuarially sound
 2481  adjustments for health status in order to ensure such cost
 2482  effectiveness and shall annually publish the results on its
 2483  Internet website and submit the results annually to the
 2484  Governor, the President of the Senate, and the Speaker of the
 2485  House of Representatives no later than December 31 of each year.
 2486  Contracts established pursuant to this subsection which are not
 2487  cost-effective may not be renewed.
 2488         (49) The agency shall contract with established minority
 2489  physician networks that provide services to historically
 2490  underserved minority patients. The networks must provide cost
 2491  effective Medicaid services, comply with the requirements to be
 2492  a MediPass provider, and provide their primary care physicians
 2493  with access to data and other management tools necessary to
 2494  assist them in ensuring the appropriate use of services,
 2495  including inpatient hospital services and pharmaceuticals.
 2496         (c) For purposes of this subsection, the term “cost
 2497  effective” means that a network’s per-member, per-month costs to
 2498  the state, including, but not limited to, fee-for-service costs,
 2499  administrative costs, and case-management fees, if any, must be
 2500  no greater than the state’s costs associated with contracts for
 2501  Medicaid services established under subsection (3), which shall
 2502  be actuarially adjusted for case mix, model, and service area.
 2503  The agency shall conduct actuarially sound audits adjusted for
 2504  case mix and model in order to ensure such cost-effectiveness
 2505  and shall annually publish the audit results on its Internet
 2506  website and submit the audit results annually to the Governor,
 2507  the President of the Senate, and the Speaker of the House of
 2508  Representatives no later than December 31. Contracts established
 2509  pursuant to this subsection which are not cost-effective may not
 2510  be renewed.
 2511         Section 131. Section 410.0245, Florida Statutes, is
 2512  repealed.
 2513         Section 132. Subsection (10) of section 410.604, Florida
 2514  Statutes, is repealed.
 2515         Section 133. Paragraph (d) of subsection (5) of section
 2516  411.0102, Florida Statutes, is amended to read:
 2517         411.0102 Child Care Executive Partnership Act; findings and
 2518  intent; grant; limitation; rules.—
 2519         (5)
 2520         (d) Each early learning coalition shall be required to
 2521  establish a community child care task force for each child care
 2522  purchasing pool. The task force must be composed of employers,
 2523  parents, private child care providers, and one representative
 2524  from the local children’s services council, if one exists in the
 2525  area of the purchasing pool. The early learning coalition is
 2526  expected to recruit the task force members from existing child
 2527  care councils, commissions, or task forces already operating in
 2528  the area of a purchasing pool. A majority of the task force
 2529  shall consist of employers. Each task force shall develop a plan
 2530  for the use of child care purchasing pool funds. The plan must
 2531  show how many children will be served by the purchasing pool,
 2532  how many will be new to receiving child care services, and how
 2533  the early learning coalition intends to attract new employers
 2534  and their employees to the program.
 2535         Section 134. Section 411.221, Florida Statutes, is
 2536  repealed.
 2537         Section 135. Section 411.242, Florida Statutes, is
 2538  repealed.
 2539         Section 136. Section 414.14, Florida Statutes, is amended
 2540  to read:
 2541         414.14 Public assistance policy simplification.—To the
 2542  extent possible, the department shall align the requirements for
 2543  eligibility under this chapter with the food stamp program and
 2544  medical assistance eligibility policies and procedures to
 2545  simplify the budgeting process and reduce errors. If the
 2546  department determines that s. 414.075, relating to resources, or
 2547  s. 414.085, relating to income, is inconsistent with related
 2548  provisions of federal law governing which govern the food stamp
 2549  program or medical assistance, and that conformance to federal
 2550  law would simplify administration of the WAGES Program or reduce
 2551  errors without materially increasing the cost of the program to
 2552  the state, the secretary of the department may propose a change
 2553  in the resource or income requirements of the program by rule.
 2554  The secretary shall provide written notice to the President of
 2555  the Senate, the Speaker of the House of Representatives, and the
 2556  chairpersons of the relevant committees of both houses of the
 2557  Legislature summarizing the proposed modifications to be made by
 2558  rule and changes necessary to conform state law to federal law.
 2559  The proposed rule shall take effect 14 days after written notice
 2560  is given unless the President of the Senate or the Speaker of
 2561  the House of Representatives advises the secretary that the
 2562  proposed rule exceeds the delegated authority of the
 2563  Legislature.
 2564         Section 137. Subsection (1) of section 414.36, Florida
 2565  Statutes, is repealed.
 2566         Section 138. Subsection (3) of section 414.391, Florida
 2567  Statutes, is repealed.
 2568         Section 139. Subsection (6) of section 415.1045, Florida
 2569  Statutes, is amended to read:
 2570         415.1045 Photographs, videotapes, and medical examinations;
 2571  abrogation of privileged communications; confidential records
 2572  and documents.—
 2573         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 2574  shall enter into working agreements with the jurisdictionally
 2575  responsible county sheriff’s sheriffs’ office or local police
 2576  department that will be the lead agency for when conducting any
 2577  criminal investigation arising from an allegation of abuse,
 2578  neglect, or exploitation of a vulnerable adult. The working
 2579  agreement must specify how the requirements of this chapter will
 2580  be met. The Office of Program Policy Analysis and Government
 2581  Accountability shall conduct a review of the efficacy of the
 2582  agreements and report its findings to the Legislature by March
 2583  1, 2005. For the purposes of such agreement, the
 2584  jurisdictionally responsible law enforcement entity may is
 2585  authorized to share Florida criminal history and local criminal
 2586  history information that is not otherwise exempt from s.
 2587  119.07(1) with the district personnel. A law enforcement entity
 2588  entering into such agreement must comply with s. 943.0525.
 2589  Criminal justice information provided by the such law
 2590  enforcement entity may shall be used only for the purposes
 2591  specified in the agreement and shall be provided at no charge.
 2592  Notwithstanding any other provision of law, the Department of
 2593  Law Enforcement shall provide to the department electronic
 2594  access to Florida criminal justice information that which is
 2595  lawfully available and not exempt from s. 119.07(1), only for
 2596  the purpose of protective investigations and emergency
 2597  placement. As a condition of access to the such information, the
 2598  department shall be required to execute an appropriate user
 2599  agreement addressing the access, use, dissemination, and
 2600  destruction of such information and to comply with all
 2601  applicable laws and rules of the Department of Law Enforcement.
 2602         Section 140. Subsection (9) of section 420.622, Florida
 2603  Statutes, is amended to read:
 2604         420.622 State Office on Homelessness; Council on
 2605  Homelessness.—
 2606         (9) The council shall, by June 30 of each year, beginning
 2607  in 2010, provide issue to the Governor, the Legislature
 2608  President of the Senate, the Speaker of the House of
 2609  Representatives, and the Secretary of Children and Family
 2610  Services an evaluation of the executive director’s performance
 2611  in fulfilling the statutory duties of the office, a report
 2612  summarizing the extent of homelessness in the state and the
 2613  council’s recommendations to the office and the corresponding
 2614  actions taken by the office, and any recommendations to the
 2615  Legislature for reducing proposals to reduce homelessness in
 2616  this state.
 2617         Section 141. Subsection (4) of section 420.623, Florida
 2618  Statutes, is repealed.
 2619         Section 142. Subsection (9) of section 427.704, Florida
 2620  Statutes, is amended to read:
 2621         427.704 Powers and duties of the commission.—
 2622         (9) The commission shall prepare provide to the President
 2623  of the Senate and to the Speaker of the House of Representatives
 2624  an annual report on the operation of the telecommunications
 2625  access system which shall be available on the commission’s
 2626  Internet website. The first report shall be provided no later
 2627  than January 1, 1992, and successive reports shall be provided
 2628  by January 1 of each year thereafter. Reports must shall be
 2629  prepared in consultation with the administrator and the advisory
 2630  committee appointed pursuant to s. 427.706. The reports must
 2631  shall, at a minimum, briefly outline the status of developments
 2632  in of the telecommunications access system, the number of
 2633  persons served, the call volume, revenues and expenditures, the
 2634  allocation of the revenues and expenditures between provision of
 2635  specialized telecommunications devices to individuals and
 2636  operation of statewide relay service, other major policy or
 2637  operational issues, and proposals for improvements or changes to
 2638  the telecommunications access system.
 2639         Section 143. Subsection (2) of section 427.706, Florida
 2640  Statutes, is amended to read:
 2641         427.706 Advisory committee.—
 2642         (2) The advisory committee shall provide the expertise,
 2643  experience, and perspective of persons who are hearing impaired
 2644  or speech impaired to the commission and to the administrator
 2645  during all phases of the development and operation of the
 2646  telecommunications access system. The advisory committee shall
 2647  advise the commission and the administrator on any matter
 2648  relating to the quality and cost-effectiveness of the
 2649  telecommunications relay service and the specialized
 2650  telecommunications devices distribution system. The advisory
 2651  committee may submit material for inclusion in the annual report
 2652  prepared pursuant to s. 427.704 to the President of the Senate
 2653  and the Speaker of the House of Representatives.
 2654         Section 144. Paragraph (b) of subsection (3) of section
 2655  429.07, Florida Statutes, is amended to read:
 2656         429.07 License required; fee.—
 2657         (3) In addition to the requirements of s. 408.806, each
 2658  license granted by the agency must state the type of care for
 2659  which the license is granted. Licenses shall be issued for one
 2660  or more of the following categories of care: standard, extended
 2661  congregate care, limited nursing services, or limited mental
 2662  health.
 2663         (b) An extended congregate care license shall be issued to
 2664  facilities providing, directly or through contract, services
 2665  beyond those authorized in paragraph (a), including services
 2666  performed by persons licensed under acts performed pursuant to
 2667  part I of chapter 464 by persons licensed thereunder, and
 2668  supportive services, as defined by rule, to persons who would
 2669  otherwise would be disqualified from continued residence in a
 2670  facility licensed under this part.
 2671         1. In order for extended congregate care services to be
 2672  provided in a facility licensed under this part, the agency must
 2673  first determine that all requirements established in law and
 2674  rule are met and must specifically designate, on the facility’s
 2675  license, that such services may be provided and whether the
 2676  designation applies to all or part of the a facility. Such
 2677  designation may be made at the time of initial licensure or
 2678  relicensure, or upon request in writing by a licensee under this
 2679  part and part II of chapter 408. The notification of approval or
 2680  the denial of the such request shall be made in accordance with
 2681  part II of chapter 408. Existing facilities qualifying to
 2682  provide extended congregate care services must have maintained a
 2683  standard license and may not have been subject to administrative
 2684  sanctions during the previous 2 years, or since initial
 2685  licensure if the facility has been licensed for less than 2
 2686  years, for any of the following reasons:
 2687         a. A class I or class II violation;
 2688         b. Three or more repeat or recurring class III violations
 2689  of identical or similar resident care standards as specified in
 2690  rule from which a pattern of noncompliance is found by the
 2691  agency;
 2692         c. Three or more class III violations that were not
 2693  corrected in accordance with the corrective action plan approved
 2694  by the agency;
 2695         d. Violation of resident care standards which results in
 2696  requiring the facility resulting in a requirement to employ the
 2697  services of a consultant pharmacist or consultant dietitian;
 2698         e. Denial, suspension, or revocation of a license for
 2699  another facility licensed under this part in which the applicant
 2700  for an extended congregate care license has at least 25 percent
 2701  ownership interest; or
 2702         f. Imposition of a moratorium pursuant to this part or part
 2703  II of chapter 408 or initiation of injunctive proceedings.
 2704         2. A facility that is Facilities that are licensed to
 2705  provide extended congregate care services shall maintain a
 2706  written progress report on each person who receives such
 2707  services, which report describes the type, amount, duration,
 2708  scope, and outcome of services that are rendered and the general
 2709  status of the resident’s health. A registered nurse, or
 2710  appropriate designee, representing the agency shall visit the
 2711  facility such facilities at least quarterly to monitor residents
 2712  who are receiving extended congregate care services and to
 2713  determine if the facility is in compliance with this part, part
 2714  II of chapter 408, and relevant rules that relate to extended
 2715  congregate care. One of the these visits may be in conjunction
 2716  with the regular survey. The monitoring visits may be provided
 2717  through contractual arrangements with appropriate community
 2718  agencies. A registered nurse shall serve as part of the team
 2719  that inspects the such facility. The agency may waive one of the
 2720  required yearly monitoring visits for a facility that has been
 2721  licensed for at least 24 months to provide extended congregate
 2722  care services, if, during the inspection, the registered nurse
 2723  determines that extended congregate care services are being
 2724  provided appropriately, and if the facility has no class I or
 2725  class II violations and no uncorrected class III violations.
 2726  Before such decision is made, The agency must first shall
 2727  consult with the long-term care ombudsman council for the area
 2728  in which the facility is located to determine if any complaints
 2729  have been made and substantiated about the quality of services
 2730  or care. The agency may not waive one of the required yearly
 2731  monitoring visits if complaints have been made and
 2732  substantiated.
 2733         3. A facility Facilities that is are licensed to provide
 2734  extended congregate care services must shall:
 2735         a. Demonstrate the capability to meet unanticipated
 2736  resident service needs.
 2737         b. Offer a physical environment that promotes a homelike
 2738  setting, provides for resident privacy, promotes resident
 2739  independence, and allows sufficient congregate space as defined
 2740  by rule.
 2741         c. Have sufficient staff available, taking into account the
 2742  physical plant and firesafety features of the building, to
 2743  assist with the evacuation of residents in an emergency, as
 2744  necessary.
 2745         d. Adopt and follow policies and procedures that maximize
 2746  resident independence, dignity, choice, and decisionmaking to
 2747  permit residents to age in place to the extent possible, so that
 2748  moves due to changes in functional status are minimized or
 2749  avoided.
 2750         e. Allow residents or, if applicable, a resident’s
 2751  representative, designee, surrogate, guardian, or attorney in
 2752  fact to make a variety of personal choices, participate in
 2753  developing service plans, and share responsibility in
 2754  decisionmaking.
 2755         f. Implement the concept of managed risk.
 2756         g. Provide, either directly or through contract, the
 2757  services of a person licensed under pursuant to part I of
 2758  chapter 464.
 2759         h. In addition to the training mandated in s. 429.52,
 2760  provide specialized training as defined by rule for facility
 2761  staff.
 2762         4. A facility that is Facilities licensed to provide
 2763  extended congregate care services is are exempt from the
 2764  criteria for continued residency as set forth in rules adopted
 2765  under s. 429.41. A licensed facility must Facilities so licensed
 2766  shall adopt its their own requirements within guidelines for
 2767  continued residency set forth by rule. However, the facility
 2768  such facilities may not serve residents who require 24-hour
 2769  nursing supervision. A licensed facility that provides
 2770  Facilities licensed to provide extended congregate care services
 2771  must also shall provide each resident with a written copy of
 2772  facility policies governing admission and retention.
 2773         5. The primary purpose of extended congregate care services
 2774  is to allow residents, as they become more impaired, the option
 2775  of remaining in a familiar setting from which they would
 2776  otherwise be disqualified for continued residency. A facility
 2777  licensed to provide extended congregate care services may also
 2778  admit an individual who exceeds the admission criteria for a
 2779  facility with a standard license, if the individual is
 2780  determined appropriate for admission to the extended congregate
 2781  care facility.
 2782         6. Before the admission of an individual to a facility
 2783  licensed to provide extended congregate care services, the
 2784  individual must undergo a medical examination as provided in s.
 2785  429.26(4) and the facility must develop a preliminary service
 2786  plan for the individual.
 2787         7. When a facility can no longer provide or arrange for
 2788  services in accordance with the resident’s service plan and
 2789  needs and the facility’s policy, the facility shall make
 2790  arrangements for relocating the person in accordance with s.
 2791  429.28(1)(k).
 2792         8. Failure to provide extended congregate care services may
 2793  result in denial of extended congregate care license renewal.
 2794         9. No later than January 1 of each year, the department, in
 2795  consultation with the agency, shall prepare and submit to the
 2796  Governor, the President of the Senate, the Speaker of the House
 2797  of Representatives, and the chairs of appropriate legislative
 2798  committees, a report on the status of, and recommendations
 2799  related to, extended congregate care services. The status report
 2800  must include, but need not be limited to, the following
 2801  information:
 2802         a. A description of the facilities licensed to provide such
 2803  services, including total number of beds licensed under this
 2804  part.
 2805         b. The number and characteristics of residents receiving
 2806  such services.
 2807         c. The types of services rendered that could not be
 2808  provided through a standard license.
 2809         d. An analysis of deficiencies cited during licensure
 2810  inspections.
 2811         e. The number of residents who required extended congregate
 2812  care services at admission and the source of admission.
 2813         f. Recommendations for statutory or regulatory changes.
 2814         g. The availability of extended congregate care to state
 2815  clients residing in facilities licensed under this part and in
 2816  need of additional services, and recommendations for
 2817  appropriations to subsidize extended congregate care services
 2818  for such persons.
 2819         h. Such other information as the department considers
 2820  appropriate.
 2821         Section 145. Subsection (5) of section 429.41, Florida
 2822  Statutes, is amended to read:
 2823         429.41 Rules establishing standards.—
 2824         (5) The agency may use an abbreviated biennial standard
 2825  licensure inspection that consists of a review of key quality
 2826  of-care standards in lieu of a full inspection in a facility
 2827  that has facilities which have a good record of past
 2828  performance. However, a full inspection must shall be conducted
 2829  in a facility that has facilities which have had a history of
 2830  class I or class II violations, uncorrected class III
 2831  violations, confirmed ombudsman council complaints, or confirmed
 2832  licensure complaints, within the previous licensure period
 2833  immediately preceding the inspection or if when a potentially
 2834  serious problem is identified during the abbreviated inspection.
 2835  The agency, in consultation with the department, shall develop
 2836  the key quality-of-care standards with input from the State
 2837  Long-Term Care Ombudsman Council and representatives of provider
 2838  groups for incorporation into its rules. The department, in
 2839  consultation with the agency, shall report annually to the
 2840  Legislature concerning its implementation of this subsection.
 2841  The report shall include, at a minimum, the key quality-of-care
 2842  standards which have been developed; the number of facilities
 2843  identified as being eligible for the abbreviated inspection; the
 2844  number of facilities which have received the abbreviated
 2845  inspection and, of those, the number that were converted to full
 2846  inspection; the number and type of subsequent complaints
 2847  received by the agency or department on facilities which have
 2848  had abbreviated inspections; any recommendations for
 2849  modification to this subsection; any plans by the agency to
 2850  modify its implementation of this subsection; and any other
 2851  information which the department believes should be reported.
 2852         Section 146. Subsections (3) through (17) of section
 2853  430.04, Florida Statutes, are amended to read:
 2854         430.04 Duties and responsibilities of the Department of
 2855  Elderly Affairs.—The Department of Elderly Affairs shall:
 2856         (3) Prepare and submit to the Governor, each Cabinet
 2857  member, the President of the Senate, the Speaker of the House of
 2858  Representatives, the minority leaders of the House and Senate,
 2859  and chairpersons of appropriate House and Senate committees a
 2860  master plan for policies and programs in the state related to
 2861  aging. The plan must identify and assess the needs of the
 2862  elderly population in the areas of housing, employment,
 2863  education and training, medical care, long-term care, preventive
 2864  care, protective services, social services, mental health,
 2865  transportation, and long-term care insurance, and other areas
 2866  considered appropriate by the department. The plan must assess
 2867  the needs of particular subgroups of the population and evaluate
 2868  the capacity of existing programs, both public and private and
 2869  in state and local agencies, to respond effectively to
 2870  identified needs. If the plan recommends the transfer of any
 2871  program or service from the Department of Children and Family
 2872  Services to another state department, the plan must also include
 2873  recommendations that provide for an independent third-party
 2874  mechanism, as currently exists in the Florida advocacy councils
 2875  established in ss. 402.165 and 402.166, for protecting the
 2876  constitutional and human rights of recipients of departmental
 2877  services. The plan must include policy goals and program
 2878  strategies designed to respond efficiently to current and
 2879  projected needs. The plan must also include policy goals and
 2880  program strategies to promote intergenerational relationships
 2881  and activities. Public hearings and other appropriate processes
 2882  shall be utilized by the department to solicit input for the
 2883  development and updating of the master plan from parties
 2884  including, but not limited to, the following:
 2885         (a) Elderly citizens and their families and caregivers.
 2886         (b) Local-level public and private service providers,
 2887  advocacy organizations, and other organizations relating to the
 2888  elderly.
 2889         (c) Local governments.
 2890         (d) All state agencies that provide services to the
 2891  elderly.
 2892         (e) University centers on aging.
 2893         (f) Area agency on aging and community care for the elderly
 2894  lead agencies.
 2895         (3)(4) Serve as an information clearinghouse at the state
 2896  level, and assist local-level information and referral resources
 2897  as a repository and means for the dissemination of information
 2898  regarding all federal, state, and local resources for assistance
 2899  to the elderly in the areas of, but not limited to, health,
 2900  social welfare, long-term care, protective services, consumer
 2901  protection, education and training, housing, employment,
 2902  recreation, transportation, insurance, and retirement.
 2903         (4)(5) Recommend guidelines for the development of roles
 2904  for state agencies that provide services for the aging, review
 2905  plans of agencies that provide such services, and relay the
 2906  these plans to the Governor and the Legislature, each Cabinet
 2907  member, the President of the Senate, the Speaker of the House of
 2908  Representatives, the minority leaders of the House and Senate,
 2909  and chairpersons of appropriate House and Senate committees.
 2910         (5)(6) Recommend to the Governor and the Legislature, each
 2911  Cabinet member, the President of the Senate, the Speaker of the
 2912  House of Representatives, the minority leaders of the House and
 2913  Senate, and chairpersons of appropriate House and Senate
 2914  committees an organizational framework for the planning,
 2915  coordination, implementation, and evaluation of programs related
 2916  to aging, with the purpose of expanding and improving programs
 2917  and opportunities available to the state’s elderly population
 2918  and enhancing a continuum of long-term care. This framework must
 2919  ensure assure that:
 2920         (a) Performance objectives are established.
 2921         (b) Program reviews are conducted statewide.
 2922         (c) Each major program related to aging is reviewed every 3
 2923  years.
 2924         (d) Agency budget requests reflect the results and
 2925  recommendations of such program reviews.
 2926         (d)(e) Program decisions reinforce lead to the distinctive
 2927  roles established for state agencies that provide aging
 2928  services.
 2929         (6)(7) Advise the Governor and the Legislature, each
 2930  Cabinet member, the President of the Senate, the Speaker of the
 2931  House of Representatives, the minority leaders of the House and
 2932  Senate, and the chairpersons of appropriate House and Senate
 2933  committees regarding the need for and location of programs
 2934  related to aging.
 2935         (7)(8) Review and coordinate aging research plans of all
 2936  state agencies to ensure that the conformance of research
 2937  objectives address to issues and needs of the state’s elderly
 2938  population addressed in the master plan for policies and
 2939  programs related to aging. The research activities that must be
 2940  reviewed and coordinated by the department include, but are not
 2941  limited to, contracts with academic institutions, development of
 2942  educational and training curriculums, Alzheimer’s disease and
 2943  other medical research, studies of long-term care and other
 2944  personal assistance needs, and design of adaptive or modified
 2945  living environments.
 2946         (8)(9) Review budget requests for programs related to aging
 2947  to ensure the most cost-effective use of state funding for the
 2948  state’s elderly population for compliance with the master plan
 2949  for policies and programs related to aging before submission to
 2950  the Governor and the Legislature.
 2951         (10) Update the master plan for policies and programs
 2952  related to aging every 3 years.
 2953         (11) Review implementation of the master plan for programs
 2954  and policies related to aging and annually report to the
 2955  Governor, each Cabinet member, the President of the Senate, the
 2956  Speaker of the House of Representatives, the minority leaders of
 2957  the House and Senate, and the chairpersons of appropriate House
 2958  and Senate committees the progress towards implementation of the
 2959  plan.
 2960         (9)(12) Request other departments that administer programs
 2961  affecting the state’s elderly population to amend their plans,
 2962  rules, policies, and research objectives as necessary to ensure
 2963  that programs and other initiatives are coordinated and maximize
 2964  the state’s efforts to address the needs of the elderly conform
 2965  with the master plan for policies and programs related to aging.
 2966         (10)(13) Hold public meetings regularly throughout the
 2967  state to receive for purposes of receiving information and
 2968  maximize maximizing the visibility of important issues relating
 2969  to aging and the elderly.
 2970         (11)(14) Conduct policy analysis and program evaluation
 2971  studies assigned by the Legislature.
 2972         (12)(15) Assist the Governor, each Cabinet member, and
 2973  members of the Legislature the President of the Senate, the
 2974  Speaker of the House of Representatives, the minority leaders of
 2975  the House and Senate, and the chairpersons of appropriate House
 2976  and Senate committees in conducting the conduct of their
 2977  responsibilities in such capacities as they consider
 2978  appropriate.
 2979         (13)(16) Call upon appropriate agencies of state government
 2980  for such assistance as is needed in the discharge of its duties.
 2981  All agencies shall cooperate in assisting the department in
 2982  carrying out its responsibilities as prescribed by this section.
 2983  However, the no provision of law regarding with respect to
 2984  confidentiality of information may not be violated.
 2985         (14)(17) Be designated as a state agency that is eligible
 2986  to receive federal funds for adults who are eligible for
 2987  assistance through the portion of the federal Child and Adult
 2988  Care Food Program for adults, which is referred to as the Adult
 2989  Care Food Program, and that is responsible for establishing and
 2990  administering the program. The purpose of the Adult Care Food
 2991  Program is to provide nutritious and wholesome meals and snacks
 2992  for adults in nonresidential day care centers or residential
 2993  treatment facilities. To ensure the quality and integrity of the
 2994  program, the department shall develop standards and procedures
 2995  that govern sponsoring organizations and adult day care centers.
 2996  The department shall follow federal requirements and may adopt
 2997  any rules necessary to administer pursuant to ss. 120.536(1) and
 2998  120.54 for the implementation of the Adult Care Food program
 2999  and. With respect to the Adult Care Food Program, the department
 3000  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 3001  implement relevant federal regulations, including 7 C.F.R. part
 3002  226. The rules may address, at a minimum, the program
 3003  requirements and procedures identified in this subsection.
 3004         Section 147. Subsections (3) and (8) of section 430.502,
 3005  Florida Statutes, are amended to read:
 3006         430.502 Alzheimer’s disease; memory disorder clinics and
 3007  day care and respite care programs.—
 3008         (3) The Alzheimer’s Disease Advisory Committee shall must
 3009  evaluate and make recommendations to the department and the
 3010  Legislature concerning the need for additional memory disorder
 3011  clinics in the state. The first report will be due by December
 3012  31, 1995.
 3013         (8) The department shall will implement the waiver program
 3014  specified in subsection (7). The agency and the department shall
 3015  ensure that providers who are selected that have a history of
 3016  successfully serving persons with Alzheimer’s disease are
 3017  selected. The department and the agency shall develop
 3018  specialized standards for providers and services tailored to
 3019  persons in the early, middle, and late stages of Alzheimer’s
 3020  disease and designate a level of care determination process and
 3021  standard that is most appropriate to this population. The
 3022  department and the agency shall include in the waiver services
 3023  designed to assist the caregiver in continuing to provide in
 3024  home care. The department shall implement this waiver program
 3025  subject to a specific appropriation or as provided in the
 3026  General Appropriations Act. The department and the agency shall
 3027  submit their program design to the President of the Senate and
 3028  the Speaker of the House of Representatives for consultation
 3029  during the development process.
 3030         Section 148. Subsection (1) and paragraph (a) of subsection
 3031  (6) of section 445.006, Florida Statutes, are amended to read:
 3032         445.006 Strategic and operational plans for workforce
 3033  development.—
 3034         (1) Workforce Florida, Inc., in conjunction with state and
 3035  local partners in the workforce system, shall develop a
 3036  strategic plan that produces for workforce, with the goal of
 3037  producing skilled employees for employers in the state. The
 3038  strategic plan shall be submitted to the Governor, the President
 3039  of the Senate, and the Speaker of the House of Representatives
 3040  by February 1, 2001. The strategic plan shall be updated or
 3041  modified by January 1 of each year thereafter. The plan must
 3042  include, but need not be limited to, strategies for:
 3043         (a) Fulfilling the workforce system goals and strategies
 3044  prescribed in s. 445.004;
 3045         (b) Aggregating, integrating, and leveraging workforce
 3046  system resources;
 3047         (c) Coordinating the activities of federal, state, and
 3048  local workforce system partners;
 3049         (d) Addressing the workforce needs of small businesses; and
 3050         (e) Fostering the participation of rural communities and
 3051  distressed urban cores in the workforce system.
 3052         (6)(a) The operational plan must include strategies that
 3053  are designed to prevent or reduce the need for a person to
 3054  receive public assistance. The These strategies must include:
 3055         1. A teen pregnancy prevention component that includes, but
 3056  is not limited to, a plan for implementing the Florida Education
 3057  Now and Babies Later (ENABL) program under s. 411.242 and the
 3058  Teen Pregnancy Prevention Community Initiative within each
 3059  county of the services area in which the teen birth rate is
 3060  higher than the state average;
 3061         2. A component that encourages creation of community-based
 3062  welfare prevention and reduction initiatives that increase
 3063  support provided by noncustodial parents to their welfare
 3064  dependent children and are consistent with program and financial
 3065  guidelines developed by Workforce Florida, Inc., and the
 3066  Commission on Responsible Fatherhood. These initiatives may
 3067  include, but are not limited to, improved paternity
 3068  establishment, work activities for noncustodial parents,
 3069  programs aimed at decreasing out-of-wedlock pregnancies,
 3070  encouraging involvement of fathers with their children which
 3071  includes including court-ordered supervised visitation, and
 3072  increasing child support payments;
 3073         3. A component that encourages formation and maintenance of
 3074  two-parent families through, among other things, court-ordered
 3075  supervised visitation;
 3076         4. A component that fosters responsible fatherhood in
 3077  families receiving assistance; and
 3078         5. A component that fosters the provision of services that
 3079  reduce the incidence and effects of domestic violence on women
 3080  and children in families receiving assistance.
 3081         Section 149. Subsection (8) of section 455.2226, Florida
 3082  Statutes, is repealed.
 3083         Section 150. Subsection (6) of section 455.2228, Florida
 3084  Statutes, is repealed.
 3085         Section 151. Section 456.005, Florida Statutes, is amended
 3086  to read:
 3087         456.005 Long-range policy planning; plans, reports, and
 3088  recommendations.—To facilitate efficient and cost-effective
 3089  regulation, the department and the board, if where appropriate,
 3090  shall develop and implement a long-range policy planning and
 3091  monitoring process that includes to include recommendations
 3092  specific to each profession. The Such process shall include
 3093  estimates of revenues, expenditures, cash balances, and
 3094  performance statistics for each profession. The period covered
 3095  may shall not be less than 5 years. The department, with input
 3096  from the boards and licensees, shall develop and adopt the long
 3097  range plan and must obtain the approval of the State Surgeon
 3098  General. The department shall monitor compliance with the
 3099  approved long-range plan and, with input from the boards and
 3100  licensees, shall annually update the plans for approval by the
 3101  State Surgeon General. The department shall provide concise
 3102  management reports to the boards quarterly. As part of the
 3103  review process, the department shall evaluate:
 3104         (1) Whether the department, including the boards and the
 3105  various functions performed by the department, is operating
 3106  efficiently and effectively and if there is a need for a board
 3107  or council to assist in cost-effective regulation.
 3108         (2) How and why the various professions are regulated.
 3109         (3) Whether there is a need to continue regulation, and to
 3110  what degree.
 3111         (4) Whether or not consumer protection is adequate, and how
 3112  it can be improved.
 3113         (5) Whether there is consistency between the various
 3114  practice acts.
 3115         (6) Whether unlicensed activity is adequately enforced.
 3117  The Such plans shall should include conclusions and
 3118  recommendations on these and other issues as appropriate. Such
 3119  plans shall be provided to the Governor and the Legislature by
 3120  November 1 of each year.
 3121         Section 152. Subsection (9) of section 456.025, Florida
 3122  Statutes, is amended to read:
 3123         456.025 Fees; receipts; disposition.—
 3124         (9) The department shall provide a condensed management
 3125  report of revenues and expenditures budgets, finances,
 3126  performance measures statistics, and recommendations to each
 3127  board at least once a quarter. The department shall identify and
 3128  include in such presentations any changes, or projected changes,
 3129  made to the board’s budget since the last presentation.
 3130         Section 153. Subsection (6) of section 456.034, Florida
 3131  Statutes, is repealed.
 3132         Section 154. Subsections (3) and (4) of section 517.302,
 3133  Florida Statutes, are amended to read:
 3134         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3135  Trust Fund; time limitation for criminal prosecution.—
 3136         (3) In lieu of a fine otherwise authorized by law, a person
 3137  who has been convicted of or who has pleaded guilty or no
 3138  contest to having engaged in conduct in violation of the
 3139  provisions of this chapter may be sentenced to pay a fine that
 3140  does not exceed the greater of three times the gross value
 3141  gained or three times the gross loss caused by such conduct,
 3142  plus court costs and the costs of investigation and prosecution
 3143  reasonably incurred.
 3144         (4)(a) There is created within the office a trust fund to
 3145  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3146  costs of investigation and prosecution under this subsection
 3147  shall be deposited in the trust fund. Funds deposited in the
 3148  such trust fund must shall be used, when authorized by
 3149  appropriation, for investigation and prosecution of
 3150  administrative, civil, and criminal actions arising under the
 3151  provisions of this chapter. Funds may also be used to improve
 3152  the public’s awareness and understanding of prudent investing.
 3153         (b) The office shall report to the Executive Office of the
 3154  Governor annually by November 15, the amounts deposited into the
 3155  Anti-Fraud Trust Fund during the previous fiscal year. The
 3156  Executive Office of the Governor shall distribute these reports
 3157  to the President of the Senate and the Speaker of the House of
 3158  Representatives.
 3159         (5)(4) Criminal prosecution for offenses under this chapter
 3160  is subject to the time limitations in of s. 775.15.
 3161         Section 155. Subsection (3) of section 531.415, Florida
 3162  Statutes, is repealed.
 3163         Section 156. Subsection (3) of section 570.0705, Florida
 3164  Statutes, is repealed.
 3165         Section 157. Subsection (5) of section 570.0725, Florida
 3166  Statutes, is amended to read:
 3167         570.0725 Food recovery; legislative intent; department
 3168  functions.—
 3169         (5) The department shall account for the direct and
 3170  indirect costs associated with supporting food recovery programs
 3171  throughout the state. It shall submit an electronic a report to
 3172  the President of the Senate and the Speaker of the House of
 3173  Representatives by November 1, for the previous fiscal year,
 3174  when state funds are spent for this purpose. The report must
 3175  include, but need not be limited to, the identity of
 3176  organizations receiving funds, the amount of funds disbursed to
 3177  these organizations, other uses of food recovery funds, and
 3178  estimates of the amount of fresh produce recovered.
 3179         Section 158. Subsection (3) of section 570.543, Florida
 3180  Statutes, is repealed.
 3181         Section 159. Section 590.33, Florida Statutes, is amended
 3182  to read:
 3183         590.33 State compact administrator; compact advisory
 3184  committee.—In pursuance of art. III of the compact, the director
 3185  of the division shall act as compact administrator for Florida
 3186  of the Southeastern Interstate Forest Fire Protection Compact
 3187  during his or her term of office as director, and his or her
 3188  successor as compact administrator shall be his or her successor
 3189  as director of the division. As compact administrator he or she
 3190  shall be an ex officio member of the advisory committee of the
 3191  Southeastern Interstate Forest Fire Protection Compact, and
 3192  chair ex officio of the Florida members of the advisory
 3193  committee. There shall be four members of the Southeastern
 3194  Interstate Forest Fire Protection Compact Advisory Committee
 3195  from Florida. Two of the members from Florida shall be members
 3196  of the Legislature of Florida, one from the Senate and one from
 3197  the House of Representatives, designated by the Florida
 3198  Commission on Interstate Cooperation, and the terms of any such
 3199  members shall terminate at the time they cease to hold
 3200  legislative office, and their successors as members shall be
 3201  named in like manner. The Governor shall appoint the other two
 3202  members from Florida, one of whom shall be associated with
 3203  forestry or forest products industries. The terms of such
 3204  members shall be 3 years and such members shall hold office
 3205  until their respective successors shall be appointed and
 3206  qualified. Vacancies occurring in the office of such members
 3207  from any reason or cause shall be filled by appointment by the
 3208  Governor for the unexpired term. The director of the division as
 3209  compact administrator for Florida may delegate, from time to
 3210  time, to any deputy or other subordinate in his or her
 3211  department or office, the power to be present and participate,
 3212  including voting as his or her representative or substitute at
 3213  any meeting of or hearing by or other proceeding of the compact
 3214  administrators or of the advisory committee. The terms of each
 3215  of the initial four memberships, whether appointed at said time
 3216  or not, shall begin upon the date upon which the compact shall
 3217  become effective in accordance with art. II of said compact. Any
 3218  member of the advisory committee may be removed from office by
 3219  the Governor upon charges and after a hearing.
 3220         Section 160. Section 603.204, Florida Statutes, is amended
 3221  to read:
 3222         603.204 South Florida Tropical Fruit Plan.—
 3223         (1) The Commissioner of Agriculture, in consultation with
 3224  the Tropical Fruit Advisory Council, shall develop and update,
 3225  at least 90 days prior to the 1991 legislative session, submit
 3226  to the President of the Senate, the Speaker of the House of
 3227  Representatives, and the chairs of appropriate Senate and House
 3228  of Representatives committees, a South Florida Tropical Fruit
 3229  Plan, which shall identify problems and constraints of the
 3230  tropical fruit industry, propose possible solutions to such
 3231  problems, and develop planning mechanisms for orderly growth of
 3232  the industry, including:
 3233         (1)(a) Criteria for tropical fruit research, service, and
 3234  management priorities.
 3235         (2)(b)Additional Proposed legislation that which may be
 3236  required.
 3237         (3)(c) Plans relating to other tropical fruit programs and
 3238  related disciplines in the State University System.
 3239         (4)(d) Potential tropical fruit products in terms of market
 3240  and needs for development.
 3241         (5)(e) Evaluation of production and fresh fruit policy
 3242  alternatives, including, but not limited to, setting minimum
 3243  grades and standards, promotion and advertising, development of
 3244  production and marketing strategies, and setting minimum
 3245  standards on types and quality of nursery plants.
 3246         (6)(f) Evaluation of policy alternatives for processed
 3247  tropical fruit products, including, but not limited to, setting
 3248  minimum quality standards and development of production and
 3249  marketing strategies.
 3250         (7)(g) Research and service priorities for further
 3251  development of the tropical fruit industry.
 3252         (8)(h) Identification of state agencies and public and
 3253  private institutions concerned with research, education,
 3254  extension, services, planning, promotion, and marketing
 3255  functions related to tropical fruit development, and delineation
 3256  of contributions and responsibilities. The recommendations in
 3257  the South Florida Tropical Fruit plan relating to education or
 3258  research shall be submitted to the Institute of Food and
 3259  Agricultural Sciences. The recommendations relating to
 3260  regulation or marketing shall be submitted to the Department of
 3261  Agriculture and Consumer Services.
 3262         (9)(i) Business planning, investment potential, financial
 3263  risks, and economics of production and use utilization.
 3264         (2) A revision and update of the South Florida Tropical
 3265  Fruit Plan shall be submitted biennially, and a progress report
 3266  and budget request shall be submitted annually, to the officials
 3267  specified in subsection (1).
 3268         Section 161. Subsection (6) of section 627.64872, Florida
 3269  Statutes, is amended to read:
 3270         627.64872 Florida Health Insurance Plan.—
 3272         (a) By no later than December 1, 2004, the board shall
 3273  report to the Governor, the President of the Senate, and the
 3274  Speaker of the House of Representatives the results of an
 3275  actuarial study conducted by the board to determine, including,
 3276  but not limited to:
 3277         1. The impact the creation of the plan will have on the
 3278  small group insurance market and the individual market on
 3279  premiums paid by insureds. This shall include an estimate of the
 3280  total anticipated aggregate savings for all small employers in
 3281  the state.
 3282         2. The number of individuals the pool could reasonably
 3283  cover at various funding levels, specifically, the number of
 3284  people the pool may cover at each of those funding levels.
 3285         3. A recommendation as to the best source of funding for
 3286  the anticipated deficits of the pool.
 3287         4. The effect on the individual and small group market by
 3288  including in the Florida Health Insurance Plan persons eligible
 3289  for coverage under s. 627.6487, as well as the cost of including
 3290  these individuals.
 3292  The board shall take no action to implement the Florida Health
 3293  Insurance Plan, other than the completion of the actuarial study
 3294  authorized in this paragraph, until funds are appropriated for
 3295  startup cost and any projected deficits.
 3296         (b) No later than December 1, 2005, and annually
 3297  thereafter, The board shall annually submit to the Governor, the
 3298  President of the Senate, and the Speaker of the House of
 3299  Representatives, and the substantive legislative committees of
 3300  the Legislature a report that which includes an independent
 3301  actuarial study to determine, without limitation, the following
 3302  including, but not be limited to:
 3303         (a)1. The effect impact the creation of the plan has on the
 3304  small group and individual insurance market, specifically on the
 3305  premiums paid by insureds, including. This shall include an
 3306  estimate of the total anticipated aggregate savings for all
 3307  small employers in the state.
 3308         (b)2. The actual number of individuals covered at the
 3309  current funding and benefit level, the projected number of
 3310  individuals that may seek coverage in the forthcoming fiscal
 3311  year, and the projected funding needed to cover anticipated
 3312  increase or decrease in plan participation.
 3313         (c)3. A recommendation as to the best source of funding for
 3314  the anticipated deficits of the pool.
 3315         (d)4. A summary summarization of the activities of the plan
 3316  in the preceding calendar year, including the net written and
 3317  earned premiums, plan enrollment, the expense of administration,
 3318  and the paid and incurred losses.
 3319         (e)5. A review of the operation of the plan as to whether
 3320  the plan has met the intent of this section.
 3322  The board may not implement the Florida Health Insurance Plan
 3323  until funds are appropriated for startup costs and any projected
 3324  deficits; however, the board may complete the actuarial study
 3325  authorized in this subsection.
 3326         Section 162. Subsections (5) and (7) of section 744.708,
 3327  Florida Statutes, are amended to read:
 3328         744.708 Reports and standards.—
 3329         (5)(a) Each office of public guardian shall undergo an
 3330  independent audit by a qualified certified public accountant at
 3331  least once every 2 years. A copy of the audit report shall be
 3332  submitted to the Statewide Public Guardianship Office.
 3333         (b) In addition to regular monitoring activities, the
 3334  Statewide Public Guardianship Office shall conduct an
 3335  investigation into the practices of each office of public
 3336  guardian related to the managing of each ward’s personal affairs
 3337  and property. If When feasible, the investigation required under
 3338  this paragraph shall be conducted in conjunction with the
 3339  financial audit of each office of public guardian under
 3340  paragraph (a).
 3341         (c) In addition, each office of public guardian shall be
 3342  subject to audits or examinations by the Auditor General and the
 3343  Office of Program Policy Analysis and Government Accountability
 3344  pursuant to law.
 3345         (7) The ratio for professional staff to wards shall be 1
 3346  professional to 40 wards. The Statewide Public Guardianship
 3347  Office may increase or decrease the ratio after consultation
 3348  with the local public guardian and the chief judge of the
 3349  circuit court. The basis for of the decision to increase or
 3350  decrease the prescribed ratio must shall be included reported in
 3351  the annual report to the secretary of Elderly Affairs, the
 3352  Governor, the President of the Senate, the Speaker of the House
 3353  of Representatives, and the Chief Justice of the Supreme Court.
 3354         Section 163. Subsection (6) of section 768.295, Florida
 3355  Statutes, is amended to read:
 3356         768.295 Strategic Lawsuits Against Public Participation
 3357  (SLAPP) suits by governmental entities prohibited.—
 3358         (6) In any case filed by a governmental entity which is
 3359  found by a court to be in violation of this section, the
 3360  governmental entity shall report such finding and provide a copy
 3361  of the court’s order to the Attorney General no later than 30
 3362  days after the such order is final. The Attorney General shall
 3363  maintain a record of the court orders report any violation of
 3364  this section by a governmental entity to the Cabinet, the
 3365  President of the Senate, and the Speaker of the House of
 3366  Representatives. A copy of such report shall be provided to the
 3367  affected governmental entity.
 3368         Section 164. Subsection (8) of section 790.22, Florida
 3369  Statutes, is amended to read:
 3370         790.22 Use of BB guns, air or gas-operated guns, or
 3371  electric weapons or devices by minor under 16; limitation;
 3372  possession of firearms by minor under 18 prohibited; penalties.—
 3373         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 3374  under 18 years of age is charged with an offense that involves
 3375  the use or possession of a firearm, as defined in s. 790.001,
 3376  including a violation of subsection (3), or is charged for any
 3377  offense during the commission of which the minor possessed a
 3378  firearm, the minor shall be detained in secure detention, unless
 3379  the state attorney authorizes the release of the minor, and
 3380  shall be given a hearing within 24 hours after being taken into
 3381  custody. At the hearing, the court may order that the minor
 3382  continue to be held in secure detention in accordance with the
 3383  applicable time periods specified in s. 985.26(1)-(5), if the
 3384  court finds that the minor meets the criteria specified in s.
 3385  985.255, or if the court finds by clear and convincing evidence
 3386  that the minor is a clear and present danger to himself or
 3387  herself or the community. The Department of Juvenile Justice
 3388  shall prepare a form for all minors charged under this
 3389  subsection which that states the period of detention and the
 3390  relevant demographic information, including, but not limited to,
 3391  the gender sex, age, and race of the minor; whether or not the
 3392  minor was represented by private counsel or a public defender;
 3393  the current offense; and the minor’s complete prior record,
 3394  including any pending cases. The form shall be provided to the
 3395  judge for to be considered when determining whether the minor
 3396  should be continued in secure detention under this subsection.
 3397  An order placing a minor in secure detention because the minor
 3398  is a clear and present danger to himself or herself or the
 3399  community must be in writing, must specify the need for
 3400  detention and the benefits derived by the minor or the community
 3401  by placing the minor in secure detention, and must include a
 3402  copy of the form provided by the department. The Department of
 3403  Juvenile Justice must send the form, including a copy of any
 3404  order, without client-identifying information, to the Office of
 3405  Economic and Demographic Research.
 3406         Section 165. Section 943.125, Florida Statutes, is amended
 3407  to read:
 3408         943.125 Law enforcement agency accreditation; intent.—
 3409         (1) LEGISLATIVE INTENT.—
 3410         (1)(a) It is the intent of the Legislature that law
 3411  enforcement agencies in the state be upgraded and strengthened
 3412  through the adoption of meaningful standards of operation for
 3413  those agencies.
 3414         (2)(b) It is the further intent of the Legislature that law
 3415  enforcement agencies voluntarily adopt standards designed to
 3416  promote equal and fair law enforcement, to maximize the
 3417  capability of law enforcement agencies to prevent and control
 3418  criminal activities, and to increase interagency cooperation
 3419  throughout the state.
 3420         (3)(c) It is further the intent of the Legislature to
 3421  encourage the Florida Sheriffs Association and the Florida
 3422  Police Chiefs Association to develop, either jointly or
 3423  separately, a law enforcement agency accreditation program. The
 3424  Such program must shall be independent of any law enforcement
 3425  agency, the Florida Sheriffs Association, or the Florida Police
 3426  Chiefs Association. The Any such law enforcement agency
 3427  accreditation program must should address, at a minimum, the
 3428  following aspects of law enforcement:
 3429         (a)1. Vehicle pursuits.
 3430         (b)2. Seizure and forfeiture of contraband articles.
 3431         (c)3. Recording and processing citizens’ complaints.
 3432         (d)4. Use of force.
 3433         (e)5. Traffic stops.
 3434         (f)6. Handling natural and manmade disasters.
 3435         (g)7. Special operations.
 3436         (h)8. Prisoner transfer.
 3437         (i)9. Collection and preservation of evidence.
 3438         (j)10. Recruitment and selection.
 3439         (k)11. Officer training.
 3440         (l)12. Performance evaluations.
 3441         (m)13. Law enforcement disciplinary procedures and rights.
 3442         (n)14. Use of criminal investigative funds.
 3443         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 3444  Association and the Florida Police Chiefs Association, either
 3445  jointly or separately, shall report to the Speaker of the House
 3446  of Representatives and the President of the Senate regarding the
 3447  feasibility of a law enforcement agency accreditation program
 3448  and the status of the efforts of the Florida Sheriffs
 3449  Association and the Florida Police Chiefs Association to develop
 3450  a law enforcement agency accreditation program as provided in
 3451  this section.
 3452         Section 166. Subsection (9) of section 943.68, Florida
 3453  Statutes, is amended to read:
 3454         943.68 Transportation and protective services.—
 3455         (9) The department shall submit a report each July 15 to
 3456  the President of the Senate, Speaker of the House of
 3457  Representatives, Governor, the Legislature, and members of the
 3458  Cabinet, detailing all transportation and protective services
 3459  provided under subsections (1), (5), and (6) within the
 3460  preceding fiscal year. Each report shall include a detailed
 3461  accounting of the cost of such transportation and protective
 3462  services, including the names of persons provided such services
 3463  and the nature of state business performed.
 3464         Section 167. Paragraph (f) of subsection (3) of section
 3465  944.801, Florida Statutes, is amended to read:
 3466         944.801 Education for state prisoners.—
 3467         (3) The responsibilities of the Correctional Education
 3468  Program shall be to:
 3469         (f) Report annual activities to the Secretary of
 3470  Corrections, the Commissioner of Education, the Governor, and
 3471  the Legislature.
 3472         Section 168. Subsection (10) of section 945.35, Florida
 3473  Statutes, is repealed.
 3474         Section 169. Subsection (9) of section 958.045, Florida
 3475  Statutes, is repealed.
 3476         Section 170. Paragraph (c) of subsection (1) of section
 3477  960.045, Florida Statutes, is amended to read:
 3478         960.045 Department of Legal Affairs; powers and duties.—It
 3479  shall be the duty of the department to assist persons who are
 3480  victims of crime.
 3481         (1) The department shall:
 3482         (c) Prepare an annual Render, prior to January 1 of each
 3483  year, to the presiding officers of the Senate and House of
 3484  Representatives a written report of the activities of the Crime
 3485  Victims’ Services Office, which shall be available on the
 3486  department’s Internet website.
 3487         Section 171. Paragraph (c) of subsection (8) of section
 3488  985.02, Florida Statutes, is repealed.
 3489         Section 172. Subsections (3), (4), and (5) of section
 3490  985.047, Florida Statutes, are amended to read:
 3491         985.047 Information systems.—
 3492         (3) In order to assist in the integration of the
 3493  information to be shared, the sharing of information obtained,
 3494  the joint planning on diversion and early intervention
 3495  strategies for juveniles at risk of becoming serious habitual
 3496  juvenile offenders, and the intervention strategies for serious
 3497  habitual juvenile offenders, a multiagency task force should be
 3498  organized and utilized by the law enforcement agency or county
 3499  in conjunction with the initiation of the information system
 3500  described in subsections (1) and (2). The multiagency task force
 3501  shall be composed of representatives of those agencies and
 3502  persons providing information for the central identification
 3503  file and the multiagency information sheet.
 3504         (4) This multiagency task force shall develop a plan for
 3505  the information system that includes measures which identify and
 3506  address any disproportionate representation of ethnic or racial
 3507  minorities in the information systems and shall develop
 3508  strategies that address the protection of individual
 3509  constitutional rights.
 3510         (3)(5)A Any law enforcement agency, or county that which
 3511  implements a juvenile offender information system and the
 3512  multiagency task force which maintain the information system
 3513  must annually provide any information gathered during the
 3514  previous year to the delinquency and gang prevention council of
 3515  the judicial circuit in which the county is located. This
 3516  information must shall include the number, types, and patterns
 3517  of delinquency tracked by the juvenile offender information
 3518  system.
 3519         Section 173. Paragraph (a) of subsection (8) of section
 3520  985.47, Florida Statutes, is amended to read:
 3521         985.47 Serious or habitual juvenile offender.—
 3522         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3523  chapter and the establishment of appropriate program guidelines
 3524  and standards, contractual instruments, which shall include
 3525  safeguards of all constitutional rights, shall be developed as
 3526  follows:
 3527         (a) The department shall provide for:
 3528         1. The Oversight of the implementation of assessment and
 3529  treatment approaches.
 3530         2. The Identification and prequalification of appropriate
 3531  individuals or not-for-profit organizations, including minority
 3532  individuals or organizations when possible, to provide
 3533  assessment and treatment services to serious or habitual
 3534  delinquent children.
 3535         3. The Monitoring and evaluation of assessment and
 3536  treatment services for compliance with this chapter and all
 3537  applicable rules and guidelines pursuant thereto.
 3538         4. The development of an annual report on the performance
 3539  of assessment and treatment to be presented to the Governor, the
 3540  Attorney General, the President of the Senate, the Speaker of
 3541  the House of Representatives, and the Auditor General no later
 3542  than January 1 of each year.
 3543         Section 174. Paragraph (a) of subsection (8) of section
 3544  985.483, Florida Statutes, is amended to read:
 3545         985.483 Intensive residential treatment program for
 3546  offenders less than 13 years of age.—
 3547         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3548  chapter and the establishment of appropriate program guidelines
 3549  and standards, contractual instruments, which shall include
 3550  safeguards of all constitutional rights, shall be developed for
 3551  intensive residential treatment programs for offenders less than
 3552  13 years of age as follows:
 3553         (a) The department shall provide for:
 3554         1. The Oversight of the implementation of assessment and
 3555  treatment approaches.
 3556         2. The Identification and prequalification of appropriate
 3557  individuals or not-for-profit organizations, including minority
 3558  individuals or organizations when possible, to provide
 3559  assessment and treatment services to intensive offenders less
 3560  than 13 years of age.
 3561         3. The Monitoring and evaluation of assessment and
 3562  treatment services for compliance with this chapter and all
 3563  applicable rules and guidelines pursuant thereto.
 3564         4. The development of an annual report on the performance
 3565  of assessment and treatment to be presented to the Governor, the
 3566  Attorney General, the President of the Senate, the Speaker of
 3567  the House of Representatives, the Auditor General, and the
 3568  Office of Program Policy Analysis and Government Accountability
 3569  no later than January 1 of each year.
 3570         Section 175. Subsection (5) of section 985.61, Florida
 3571  Statutes, is repealed.
 3572         Section 176. Subsection (1) of section 985.622, Florida
 3573  Statutes, is amended to read:
 3574         985.622 Multiagency plan for vocational education.—
 3575         (1) The Department of Juvenile Justice and the Department
 3576  of Education shall, in consultation with the statewide Workforce
 3577  Development Youth Council, school districts, providers, and
 3578  others, jointly develop a multiagency plan for vocational
 3579  education that establishes the curriculum, goals, and outcome
 3580  measures for vocational programs in juvenile commitment
 3581  facilities. The plan must include:
 3582         (a) Provisions for maximizing appropriate state and federal
 3583  funding sources, including funds under the Workforce Investment
 3584  Act and the Perkins Act;
 3585         (b) The responsibilities of both departments and all other
 3586  appropriate entities; and
 3587         (c) A detailed implementation schedule.
 3589  The plan must be submitted to the Governor, the President of the
 3590  Senate, and the Speaker of the House of Representatives by May
 3591  1, 2001.
 3592         Section 177. Subsection (7) of section 985.632, Florida
 3593  Statutes, is repealed.
 3594         Section 178. Subsection (19) of section 1002.34, Florida
 3595  Statutes, is repealed.
 3596         Section 179. Subsection (4) of section 1003.61, Florida
 3597  Statutes, is repealed.
 3598         Section 180. Subsections (5) through (13) of section
 3599  1004.22, Florida Statutes, are amended to read:
 3600         1004.22 Divisions of sponsored research at state
 3601  universities.—
 3602         (5) Moneys deposited in the permanent sponsored research
 3603  development fund of a university shall be disbursed in
 3604  accordance with the terms of the contract, grant, or donation
 3605  under which they are received. Moneys received for overhead or
 3606  indirect costs and other moneys not required for the payment of
 3607  direct costs shall be applied to the cost of operating the
 3608  division of sponsored research. Any surplus moneys shall be used
 3609  to support other research or sponsored training programs in any
 3610  area of the university. Transportation and per diem expense
 3611  allowances are shall be the same as those provided by law in s.
 3612  112.061, except that personnel performing travel under a
 3613  sponsored research subcontract may be reimbursed for travel
 3614  expenses in accordance with the provisions of the applicable
 3615  prime contract or grant and the travel allowances established by
 3616  the subcontractor, subject to the requirements of subsection (6)
 3617  (7), or except as provided in subsection (10) (11).
 3618         (6)(a) Each university shall submit to the Board of
 3619  Governors a report of the activities of each division of
 3620  sponsored research together with an estimated budget for the
 3621  next fiscal year.
 3622         (b) Not less than 90 days prior to the convening of each
 3623  regular session of the Legislature in which an appropriation
 3624  shall be made, the Board of Governors shall submit to the chair
 3625  of the appropriations committee of each house of the Legislature
 3626  a compiled report, together with a compiled estimated budget for
 3627  the next fiscal year. A copy of such report and estimated budget
 3628  shall be furnished to the Governor, as the chief budget officer
 3629  of the state.
 3630         (6)(7) All purchases of a division of sponsored research
 3631  shall be made in accordance with the policies and procedures of
 3632  the university pursuant to guidelines of the Board of Governors;
 3633  however, upon certification addressed to the university
 3634  president that it is necessary for the efficient or expeditious
 3635  prosecution of a research project, the president may exempt the
 3636  purchase of material, supplies, equipment, or services for
 3637  research purposes from the general purchasing requirement of
 3638  state law the Florida Statutes.
 3639         (7)(8) The university may authorize the construction,
 3640  alteration, or remodeling of buildings if when the funds used
 3641  are derived entirely from the sponsored research development
 3642  fund of a university or from that fund in combination with other
 3643  nonstate sources and if, provided that such construction,
 3644  alteration, or remodeling is for use exclusively in the area of
 3645  research. The university may; it also may authorize the
 3646  acquisition of real property if when the cost is entirely from
 3647  the said funds. Title to all real property purchased before
 3648  prior to January 7, 2003, or with funds appropriated by the
 3649  Legislature shall vest in the Board of Trustees of the Internal
 3650  Improvement Trust Fund and may shall only be transferred or
 3651  conveyed only by it.
 3652         (8)(9) The sponsored research programs of the Institute of
 3653  Food and Agricultural Sciences, the University of Florida Health
 3654  Science Center, and the engineering and industrial experiment
 3655  station shall continue to be centered at the University of
 3656  Florida as heretofore provided by law. Indirect cost
 3657  reimbursements of all grants deposited in the Division of
 3658  Sponsored Research shall be distributed directly to the above
 3659  units in direct proportion to the amounts earned by each unit.
 3660         (9)(10) The operation of the divisions of sponsored
 3661  research and the conduct of the sponsored research program are
 3662  exempt expressly exempted from the provisions of any law other
 3663  laws or portions of laws in conflict with this subsection
 3664  herewith and are, subject to the requirements of subsection (6)
 3665  (7), exempt exempted from the provisions of chapters 215, 216,
 3666  and 283.
 3667         (10)(11) The divisions of sponsored research may pay, by
 3668  advancement or reimbursement, or a combination thereof, the
 3669  costs of per diem of university employees and of other
 3670  authorized persons, as defined in s. 112.061(2)(e), for foreign
 3671  travel up to the current rates as stated in the grant and
 3672  contract terms and may also pay incidental expenses as
 3673  authorized by s. 112.061(8). This subsection applies to any
 3674  university employee traveling in foreign countries for sponsored
 3675  programs of the university, if such travel expenses are approved
 3676  in the terms of the contract or grant. The provisions of s.
 3677  112.061, other than those relating to per diem, apply to the
 3678  travel described in this subsection. As used in this subsection,
 3679  the term “foreign travel” means any travel outside the United
 3680  States and its territories and possessions and Canada. Persons
 3681  traveling in foreign countries pursuant to this section are
 3682  shall not be entitled to reimbursements or advancements pursuant
 3683  to s. 112.061(6)(a)2. for such travel.
 3684         (11)(12) Each division of sponsored research may is
 3685  authorized to advance funds to any principal investigator who,
 3686  under the contract or grant terms, will be performing a portion
 3687  of his or her research at a site that is remote from the
 3688  university. Funds may shall be advanced only to employees who
 3689  have executed a proper power of attorney with the university to
 3690  ensure the proper collection of the such advanced funds if it
 3691  becomes necessary. As used in this subsection, the term “remote”
 3692  means so far removed from the university as to render normal
 3693  purchasing and payroll functions ineffective.
 3694         (12)(13) Each university board of trustees may is
 3695  authorized to adopt rules, as necessary, to administer this
 3696  section.
 3697         Section 181. Subsection (6) of section 1004.50, Florida
 3698  Statutes, is repealed.
 3699         Section 182. Subsections (2) and (4) of section 1004.94,
 3700  Florida Statutes, are repealed.
 3701         Section 183. Subsection (4) of section 1004.95, Florida
 3702  Statutes, is amended to read:
 3703         1004.95 Adult literacy centers.—
 3704         (4) The State Board of Education shall develop rules for
 3705  implementing this section, including criteria for evaluating the
 3706  performance of the centers, and shall submit an evaluation
 3707  report of the centers to the Legislature on or before February 1
 3708  of each year.
 3709         Section 184. Section 1006.0605, Florida Statutes, is
 3710  repealed.
 3711         Section 185. Section 1006.67, Florida Statutes, is
 3712  repealed.
 3713         Section 186. Subsection (8) of section 1009.70, Florida
 3714  Statutes, is amended to read:
 3715         1009.70 Florida Education Fund.—
 3716         (8) There is created a legal education component of the
 3717  Florida Education Fund to provide the opportunity for minorities
 3718  to attain representation within the legal profession
 3719  proportionate to their representation within the general
 3720  population. The legal education component of the Florida
 3721  Education Fund includes a law school program and a pre-law
 3722  program.
 3723         (a) The law school scholarship program of the Florida
 3724  Education Fund is to be administered by the Board of Directors
 3725  of the Florida Education Fund for the purpose of increasing by
 3726  200 the number of minority students enrolled in law schools in
 3727  this state by 200. Implementation of this program is to be
 3728  phased in over a 3-year period.
 3729         1. The board of directors shall provide financial,
 3730  academic, and other support to students selected for
 3731  participation in this program from funds appropriated by the
 3732  Legislature.
 3733         2. Student selection must be made in accordance with rules
 3734  adopted by the board of directors for that purpose and must be
 3735  based, at least in part, on an assessment of potential for
 3736  success, merit, and financial need.
 3737         3. Support must be made available to students who enroll in
 3738  private, as well as public, law schools in this state which are
 3739  accredited by the American Bar Association.
 3740         4. Scholarships must be paid directly to the participating
 3741  students.
 3742         5. Students who participate in this program must agree in
 3743  writing to sit for The Florida Bar examination and, upon
 3744  successful admission to The Florida Bar, to either practice law
 3745  in the state for a period of time equal to the amount of time
 3746  for which the student received aid, up to 3 years, or repay the
 3747  amount of aid received.
 3748         6. Annually, the board of directors shall compile a report
 3749  that includes a description of the selection process, an
 3750  analysis of the academic progress of all scholarship recipients,
 3751  and an analysis of expenditures. This report must be submitted
 3752  to the President of the Senate, the Speaker of the House of
 3753  Representatives, and the Governor.
 3754         (b) The minority pre-law scholarship loan program of the
 3755  Florida Education Fund is to be administered by the Board of
 3756  Directors of the Florida Education Fund for the purpose of
 3757  increasing the opportunity of minority students to prepare for
 3758  law school.
 3759         1. From funds appropriated by the Legislature, the board of
 3760  directors shall provide for student fees, room, board, books,
 3761  supplies, and academic and other support to selected minority
 3762  undergraduate students matriculating at eligible public and
 3763  independent colleges and universities in Florida.
 3764         2. Student selection must be made in accordance with rules
 3765  adopted by the board of directors for that purpose and must be
 3766  based, at least in part, on an assessment of potential for
 3767  success, merit, and financial need.
 3768         3. To be eligible, a student must make a written agreement
 3769  to enter or be accepted to enter a law school in this state
 3770  within 2 years after graduation or repay the scholarship loan
 3771  amount plus interest at the prevailing rate.
 3772         4. Recipients who fail to gain admission to a law school
 3773  within the specified period of time, may, upon admission to law
 3774  school, be eligible to have their loans canceled.
 3775         5. Minority pre-law scholarship loans shall be provided to
 3776  34 minority students per year for up to 4 years each, for a
 3777  total of 136 scholarship loans. To continue receiving receipt of
 3778  scholarship loans, recipients must maintain a 2.75 grade point
 3779  average for the freshman year and a 3.25 grade point average
 3780  thereafter. Participants must also take specialized courses to
 3781  enhance competencies in English and logic.
 3782         6. The board of directors shall maintain records on all
 3783  scholarship loan recipients. Participating institutions shall
 3784  submit academic progress reports to the board of directors
 3785  following each academic term. Annually, the board of directors
 3786  shall compile a report that includes a description of the
 3787  selection process, an analysis of the academic progress of all
 3788  scholarship loan recipients, and an analysis of expenditures.
 3789  This report must be submitted to the President of the Senate,
 3790  the Speaker of the House of Representatives, and the Governor.
 3791         Section 187. Subsection (8) of section 1011.32, Florida
 3792  Statutes, is amended to read:
 3793         1011.32 Community College Facility Enhancement Challenge
 3794  Grant Program.—
 3795         (8) By September 1 of each year, the State Board of
 3796  Education shall transmit to the Governor and the Legislature a
 3797  list of projects that which meet all eligibility requirements to
 3798  participate in the Community College Facility Enhancement
 3799  Challenge Grant Program and a budget request that which includes
 3800  the recommended schedule necessary to complete each project.
 3801         Section 188. Paragraph (s) of subsection (1) of section
 3802  1011.62, Florida Statutes, is amended to read:
 3803         1011.62 Funds for operation of schools.—If the annual
 3804  allocation from the Florida Education Finance Program to each
 3805  district for operation of schools is not determined in the
 3806  annual appropriations act or the substantive bill implementing
 3807  the annual appropriations act, it shall be determined as
 3808  follows:
 3810  OPERATION.—The following procedure shall be followed in
 3811  determining the annual allocation to each district for
 3812  operation:
 3813         (s) Extended-school-year program.—It is the intent of the
 3814  Legislature that students be provided additional instruction by
 3815  extending the school year to 210 days or more. Districts may
 3816  apply to the Commissioner of Education for funds to be used in
 3817  planning and implementing an extended-school-year program. The
 3818  Department of Education shall recommend to the Legislature the
 3819  policies necessary for full implementation of an extended school
 3820  year.
 3821         Section 189. Paragraph (l) of subsection (2) of section
 3822  1012.05, Florida Statutes, is repealed.
 3823         Section 190. Subsection (1) of section 1012.42, Florida
 3824  Statutes, is amended to read:
 3825         1012.42 Teacher teaching out-of-field.—
 3826         (1) ASSISTANCE.—Each district school board shall adopt and
 3827  implement a plan to assist any teacher teaching out-of-field,
 3828  and priority consideration in professional development
 3829  activities shall be given to a teacher teachers who is are
 3830  teaching out-of-field. The district school board shall require
 3831  that the teacher such teachers participate in a certification or
 3832  staff development program designed to provide the teacher with
 3833  the competencies required for the assigned duties. The board
 3834  approved assistance plan must include duties of administrative
 3835  personnel and other instructional personnel to provide students
 3836  with instructional services. Each district school board shall
 3837  contact its regional workforce board, created pursuant to s.
 3838  445.007, to identify resources that may assist teachers who are
 3839  teaching out-of-field and who are pursuing certification.
 3840         Section 191. Section 1013.11, Florida Statutes, is amended
 3841  to read:
 3842         1013.11 Postsecondary institutions assessment of physical
 3843  plant safety.—The president of each postsecondary institution
 3844  shall conduct or cause to be conducted an annual assessment of
 3845  physical plant safety. An annual report shall incorporate the
 3846  assessment findings obtained through such assessment and
 3847  recommendations for the improvement of safety on each campus.
 3848  The annual report shall be submitted to the respective governing
 3849  or licensing board of jurisdiction no later than January 1 of
 3850  each year. Each board shall compile the individual institutional
 3851  reports and convey the aggregate institutional reports to the
 3852  Commissioner of Education or the Chancellor of the State
 3853  University System, as appropriate. The Commissioner of Education
 3854  and the Chancellor of the State University System shall convey
 3855  these reports and the reports required in s. 1006.67 to the
 3856  President of the Senate and the Speaker of the House of
 3857  Representatives no later than March 1 of each year.
 3858         Section 192. Subsection (3) of section 161.142, Florida
 3859  Statutes, is amended to read:
 3860         161.142 Declaration of public policy relating to improved
 3861  navigation inlets.—The Legislature recognizes the need for
 3862  maintaining navigation inlets to promote commercial and
 3863  recreational uses of our coastal waters and their resources. The
 3864  Legislature further recognizes that inlets interrupt or alter
 3865  the natural drift of beach-quality sand resources, which often
 3866  results in these sand resources being deposited in nearshore
 3867  areas or in the inlet channel, or in the inland waterway
 3868  adjacent to the inlet, instead of providing natural nourishment
 3869  to the adjacent eroding beaches. Accordingly, the Legislature
 3870  finds it is in the public interest to replicate the natural
 3871  drift of sand which is interrupted or altered by inlets to be
 3872  replaced and for each level of government to undertake all
 3873  reasonable efforts to maximize inlet sand bypassing to ensure
 3874  that beach-quality sand is placed on adjacent eroding beaches.
 3875  Such activities cannot make up for the historical sand deficits
 3876  caused by inlets but shall be designed to balance the sediment
 3877  budget of the inlet and adjacent beaches and extend the life of
 3878  proximate beach-restoration projects so that periodic
 3879  nourishment is needed less frequently. Therefore, in furtherance
 3880  of this declaration of public policy and the Legislature’s
 3881  intent to redirect and recommit the state’s comprehensive beach
 3882  management efforts to address the beach erosion caused by
 3883  inlets, the department shall ensure that:
 3884         (3) Construction waterward of the coastal construction
 3885  control line on downdrift coastal areas, on islands
 3886  substantially created by the deposit of spoil, located within 1
 3887  mile of the centerline of navigation channels or inlets,
 3888  providing access to ports listed in s. 403.021(9)(b), which
 3889  suffers or has suffered erosion caused by such navigation
 3890  channel maintenance or construction shall be exempt from the
 3891  permitting requirements and prohibitions of s. 161.053(4)(5) or
 3892  (5)(6); however, such construction shall comply with the
 3893  applicable Florida Building Code adopted pursuant to s. 553.73.
 3894  The timing and sequence of any construction activities
 3895  associated with inlet management projects shall provide
 3896  protection to nesting sea turtles and their hatchlings and
 3897  habitats, to nesting shorebirds, and to native salt-resistant
 3898  vegetation and endangered plant communities. Beach-quality sand
 3899  placed on the beach as part of an inlet management project must
 3900  be suitable for marine turtle nesting.
 3901         Section 193. Paragraph (a) of subsection (4) of section
 3902  163.065, Florida Statutes, is amended to read:
 3903         163.065 Miami River Improvement Act.—
 3904         (4) PLAN.—The Miami River Commission, working with the City
 3905  of Miami and Miami-Dade County, shall consider the merits of the
 3906  following:
 3907         (a) Development and adoption of an urban infill and
 3908  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 3909  163.2526, which and participating state and regional agencies
 3910  shall review the proposed plan for the purposes of determining
 3911  consistency with applicable law.
 3912         Section 194. Subsection (1) of section 163.2511, Florida
 3913  Statutes, is amended to read:
 3914         163.2511 Urban infill and redevelopment.—
 3915         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 3916  cited as the “Growth Policy Act.”
 3917         Section 195. Section 163.2514, Florida Statutes, is amended
 3918  to read:
 3919         163.2514 Growth Policy Act; definitions.—As used in ss.
 3920  163.2511-163.2523, the term ss. 163.2511-163.2526:
 3921         (1) “Local government” means any county or municipality.
 3922         (2) “Urban infill and redevelopment area” means an area or
 3923  areas designated by a local government where:
 3924         (a) Public services such as water and wastewater,
 3925  transportation, schools, and recreation are already available or
 3926  are scheduled to be provided in an adopted 5-year schedule of
 3927  capital improvements;
 3928         (b) The area, or one or more neighborhoods within the area,
 3929  suffers from pervasive poverty, unemployment, and general
 3930  distress as defined by s. 290.0058;
 3931         (c) The area exhibits a proportion of properties that are
 3932  substandard, overcrowded, dilapidated, vacant or abandoned, or
 3933  functionally obsolete which is higher than the average for the
 3934  local government;
 3935         (d) More than 50 percent of the area is within 1/4 mile of
 3936  a transit stop, or a sufficient number of such transit stops
 3937  will be made available concurrent with the designation; and
 3938         (e) The area includes or is adjacent to community
 3939  redevelopment areas, brownfields, enterprise zones, or Main
 3940  Street programs, or has been designated by the state or Federal
 3941  Government as an urban redevelopment, revitalization, or infill
 3942  area under empowerment zone, enterprise community, or brownfield
 3943  showcase community programs or similar programs.
 3944         Section 196. Subsection (2) of section 163.3202, Florida
 3945  Statutes, is amended to read:
 3946         163.3202 Land development regulations.—
 3947         (2) Local land development regulations shall contain
 3948  specific and detailed provisions necessary or desirable to
 3949  implement the adopted comprehensive plan and shall at as a
 3950  minimum:
 3951         (a) Regulate the subdivision of land.
 3952         (b) Regulate the use of land and water for those land use
 3953  categories included in the land use element and ensure the
 3954  compatibility of adjacent uses and provide for open space.
 3955         (c) Provide for protection of potable water wellfields.
 3956         (d) Regulate areas subject to seasonal and periodic
 3957  flooding and provide for drainage and stormwater management.
 3958         (e) Ensure the protection of environmentally sensitive
 3959  lands designated in the comprehensive plan.
 3960         (f) Regulate signage.
 3961         (g) Provide that public facilities and services meet or
 3962  exceed the standards established in the capital improvements
 3963  element required by s. 163.3177 and are available when needed
 3964  for the development, or that development orders and permits are
 3965  conditioned on the availability of these public facilities and
 3966  services necessary to serve the proposed development. Not later
 3967  than 1 year after its due date established by the state land
 3968  planning agency’s rule for submission of local comprehensive
 3969  plans pursuant to s. 163.3167(2), A local government may shall
 3970  not issue a development order or permit that which results in a
 3971  reduction in the level of services for the affected public
 3972  facilities below the level of services provided in the local
 3973  government’s comprehensive plan of the local government.
 3974         (h) Ensure safe and convenient onsite traffic flow,
 3975  considering needed vehicle parking.
 3976         Section 197. Paragraph (b) of subsection (11) of section
 3977  259.041, Florida Statutes, is amended to read:
 3978         259.041 Acquisition of state-owned lands for preservation,
 3979  conservation, and recreation purposes.—
 3980         (11)
 3981         (b) All project applications shall identify, within their
 3982  acquisition plans, those projects that which require a full fee
 3983  simple interest to achieve the public policy goals, together
 3984  with the reasons full title is determined to be necessary. The
 3985  state agencies and the water management districts may use
 3986  alternatives to fee simple acquisition to bring the remaining
 3987  projects in their acquisition plans under public protection. For
 3988  the purposes of this subsection, the term “alternatives to fee
 3989  simple acquisition” includes, but is not limited to: purchase of
 3990  development rights; obtaining conservation easements; obtaining
 3991  flowage easements; purchase of timber rights, mineral rights, or
 3992  hunting rights; purchase of agricultural interests or
 3993  silvicultural interests; entering into land protection
 3994  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 3995  simple acquisitions with reservations; creating life estates; or
 3996  any other acquisition technique that which achieves the public
 3997  policy goals listed in paragraph (a). It is presumed that a
 3998  private landowner retains the full range of uses for all the
 3999  rights or interests in the landowner’s land which are not
 4000  specifically acquired by the public agency. The lands upon which
 4001  hunting rights are specifically acquired pursuant to this
 4002  paragraph shall be available for hunting in accordance with the
 4003  management plan or hunting regulations adopted by the Florida
 4004  Fish and Wildlife Conservation Commission, unless the hunting
 4005  rights are purchased specifically to protect activities on
 4006  adjacent lands.
 4007         Section 198. Paragraph (c) of subsection (3) of section
 4008  259.101, Florida Statutes, is amended to read:
 4009         259.101 Florida Preservation 2000 Act.—
 4010         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 4011  of issuance, the costs of funding reserve accounts, and other
 4012  costs with respect to the bonds, the proceeds of bonds issued
 4013  pursuant to this act shall be deposited into the Florida
 4014  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 4015  year 2000-2001, for each Florida Preservation 2000 program
 4016  described in paragraphs (a)-(g), that portion of each program’s
 4017  total remaining cash balance which, as of June 30, 2000, is in
 4018  excess of that program’s total remaining appropriation balances
 4019  shall be redistributed by the department and deposited into the
 4020  Save Our Everglades Trust Fund for land acquisition. For
 4021  purposes of calculating the total remaining cash balances for
 4022  this redistribution, the Florida Preservation 2000 Series 2000
 4023  bond proceeds, including interest thereon, and the fiscal year
 4024  1999-2000 General Appropriations Act amounts shall be deducted
 4025  from the remaining cash and appropriation balances,
 4026  respectively. The remaining proceeds shall be distributed by the
 4027  Department of Environmental Protection in the following manner:
 4028         (c) Ten percent to the Department of Community Affairs to
 4029  provide land acquisition grants and loans to local governments
 4030  through the Florida Communities Trust pursuant to part III of
 4031  chapter 380. From funds allocated to the trust, $3 million
 4032  annually shall be used by the Division of State Lands within the
 4033  Department of Environmental Protection to implement the Green
 4034  Swamp Land Protection Initiative specifically for the purchase
 4035  of conservation easements, as defined in s. 380.0677(3) s.
 4036  380.0677(4), of lands, or severable interests or rights in
 4037  lands, in the Green Swamp Area of Critical State Concern. From
 4038  funds allocated to the trust, $3 million annually shall be used
 4039  by the Monroe County Comprehensive Plan Land Authority
 4040  specifically for the purchase of a any real property interest in
 4041  either those lands subject to the Rate of Growth Ordinances
 4042  adopted by local governments in Monroe County or those lands
 4043  within the boundary of an approved Conservation and Recreation
 4044  Lands project located within the Florida Keys or Key West Areas
 4045  of Critical State Concern; however, title to lands acquired
 4046  within the boundary of an approved Conservation and Recreation
 4047  Lands project may, in accordance with an approved joint
 4048  acquisition agreement, vest in the Board of Trustees of the
 4049  Internal Improvement Trust Fund. Of the remaining funds
 4050  allocated to the trust after the above transfers occur, one-half
 4051  shall be matched by local governments on a dollar-for-dollar
 4052  basis. To the extent allowed by federal requirements for the use
 4053  of bond proceeds, the trust shall expend Preservation 2000 funds
 4054  to carry out the purposes of part III of chapter 380.
 4056  Local governments may use federal grants or loans, private
 4057  donations, or environmental mitigation funds, including
 4058  environmental mitigation funds required pursuant to s. 338.250,
 4059  for any part or all of any local match required for the purposes
 4060  described in this subsection. Bond proceeds allocated pursuant
 4061  to paragraph (c) may be used to purchase lands on the priority
 4062  lists developed pursuant to s. 259.035. Title to lands purchased
 4063  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 4064  vested in the Board of Trustees of the Internal Improvement
 4065  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 4066  may be vested in the Board of Trustees of the Internal
 4067  Improvement Trust Fund. The board of trustees shall hold title
 4068  to land protection agreements and conservation easements that
 4069  were or will be acquired pursuant to s. 380.0677, and the
 4070  Southwest Florida Water Management District and the St. Johns
 4071  River Water Management District shall monitor such agreements
 4072  and easements within their respective districts until the state
 4073  assumes this responsibility.
 4074         Section 199. Subsections (1) and (5) of section 369.305,
 4075  Florida Statutes, are amended to read:
 4076         369.305 Review of local comprehensive plans, land
 4077  development regulations, Wekiva River development permits, and
 4078  amendments.—
 4079         (1) It is the intent of the Legislature that comprehensive
 4080  plans and land development regulations of Orange, Lake, and
 4081  Seminole Counties be revised to protect the Wekiva River
 4082  Protection Area prior to the due dates established in ss.
 4083  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 4084  Administrative Code. It is also the intent of the Legislature
 4085  that Orange, Lake, and Seminole the Counties emphasize the
 4086  Wekiva River Protection Area this important state resource in
 4087  their planning and regulation efforts. Therefore, each county’s
 4088  county shall, by April 1, 1989, review and amend those portions
 4089  of its local comprehensive plan and its land development
 4090  regulations applicable to the Wekiva River Protection Area must,
 4091  and, if necessary, adopt additional land development regulations
 4092  which are applicable to the Wekiva River Protection Area to meet
 4093  the following criteria:
 4094         (a) Each county’s local comprehensive plan must shall
 4095  contain goals, policies, and objectives that which result in the
 4096  protection of the:
 4097         1. Water quantity, water quality, and hydrology of the
 4098  Wekiva River System;
 4099         2. Wetlands associated with the Wekiva River System;
 4100         3. Aquatic and wetland-dependent wildlife species
 4101  associated with the Wekiva River System;
 4102         4. Habitat within the Wekiva River Protection Area of
 4103  species designated pursuant to rules 39-27.003, 39-27.004, and
 4104  39-27.005, Florida Administrative Code; and
 4105         5. Native vegetation within the Wekiva River Protection
 4106  Area.
 4107         (b) The various land uses and densities and intensities of
 4108  development permitted by the local comprehensive plan shall
 4109  protect the resources enumerated in paragraph (a) and the rural
 4110  character of the Wekiva River Protection Area. The plan must
 4111  shall also include:
 4112         1. Provisions that to ensure the preservation of sufficient
 4113  habitat for feeding, nesting, roosting, and resting so as to
 4114  maintain viable populations of species designated pursuant to
 4115  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 4116  Administrative Code, within the Wekiva River Protection Area.
 4117         2. Restrictions on the clearing of native vegetation within
 4118  the 100-year flood plain.
 4119         3. Prohibition of development that is not low-density
 4120  residential in nature, unless the that development has less
 4121  effect impacts on natural resources than low-density residential
 4122  development.
 4123         4. Provisions for setbacks along the Wekiva River for areas
 4124  that do not fall within the protection zones established
 4125  pursuant to s. 373.415.
 4126         5. Restrictions on intensity of development adjacent to
 4127  publicly owned lands to prevent adverse impacts to such lands.
 4128         6. Restrictions on filling and alteration of wetlands in
 4129  the Wekiva River Protection Area.
 4130         7. Provisions encouraging clustering of residential
 4131  development if when it promotes protection of environmentally
 4132  sensitive areas, and ensures ensuring that residential
 4133  development in the aggregate are shall be of a rural in density
 4134  and character.
 4135         (c) The local comprehensive plan must shall require that
 4136  the density or intensity of development permitted on parcels of
 4137  property adjacent to the Wekiva River System be concentrated on
 4138  those portions of the parcels which are the farthest from the
 4139  surface waters and wetlands of the Wekiva River System.
 4140         (d) The local comprehensive plan must shall require that
 4141  parcels of land adjacent to the surface waters and watercourses
 4142  of the Wekiva River System not be subdivided so as to interfere
 4143  with the implementation of protection zones as established
 4144  pursuant to s. 373.415, any applicable setbacks from the surface
 4145  waters in the Wekiva River System which are established by local
 4146  governments, or the policy established in paragraph (c) of
 4147  concentrating development in the Wekiva River Protection Area as
 4148  far from the surface waters and wetlands of the Wekiva River
 4149  System as practicable.
 4150         (e) The local land development regulations must shall
 4151  implement the provisions of paragraphs (a), (b), (c), and (d)
 4152  and must shall also include restrictions on the location of
 4153  septic tanks and drainfields in the 100-year flood plain and
 4154  discharges of stormwater to the Wekiva River System.
 4155         (5) During the period of time between the effective date of
 4156  this act and the due date of a county’s revised local government
 4157  comprehensive plan as established by s. 163.3167(2) and chapter
 4158  9J-12, Florida Administrative Code, any local comprehensive plan
 4159  amendment or amendment to a land development regulation, adopted
 4160  or issued by a county, which applies to the Wekiva River
 4161  Protection Area, or any Wekiva River development permit adopted
 4162  by a county, solely within protection zones established pursuant
 4163  to s. 373.415, shall be sent to the department within 10 days
 4164  after its adoption or issuance by the local governing body but
 4165  shall not become effective until certified by the department as
 4166  being in compliance with purposes described in subsection (1).
 4167  The department shall make its decision on certification within
 4168  60 days after receipt of the amendment or development permit
 4169  solely within protection zones established pursuant to s.
 4170  373.415. The department’s decision on certification shall be
 4171  final agency action. This subsection shall not apply to any
 4172  amendments or new land development regulations adopted pursuant
 4173  to subsections (1)-(4) or to any development order approving,
 4174  approving with conditions, or denying a development of regional
 4175  impact.
 4176         Section 200. Paragraph (g) of subsection (1) of section
 4177  379.2431, Florida Statutes, is amended to read:
 4178         379.2431 Marine animals; regulation.—
 4180         (g) The Department of Environmental Protection may
 4181  condition the nature, timing, and sequence of construction of
 4182  permitted activities to provide protection to nesting marine
 4183  turtles and hatchlings and their habitat pursuant to s.
 4184  161.053(4) the provisions of s. 161.053(5). If When the
 4185  department is considering a permit for a beach restoration,
 4186  beach renourishment, or inlet sand transfer project and the
 4187  applicant has had an active marine turtle nest relocation
 4188  program or the applicant has agreed to and has the ability to
 4189  administer a program, the department may must not restrict the
 4190  timing of the project. If Where appropriate, the department, in
 4191  accordance with the applicable rules of the Fish and Wildlife
 4192  Conservation Commission, shall require as a condition of the
 4193  permit that the applicant relocate and monitor all turtle nests
 4194  that would be affected by the beach restoration, beach
 4195  renourishment, or sand transfer activities. Such relocation and
 4196  monitoring activities shall be conducted in a manner that
 4197  ensures successful hatching. This limitation on the department’s
 4198  authority applies only on the Atlantic coast of Florida.
 4199         Section 201. Section 381.732, Florida Statutes, is amended
 4200  to read:
 4201         381.732 Short title; Healthy Communities, Healthy People
 4202  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 4203  the “Healthy Communities, Healthy People Act.”
 4204         Section 202. Section 381.733, Florida Statutes, is amended
 4205  to read:
 4206         381.733 Definitions relating to Healthy Communities,
 4207  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 4208  381.734, the term:
 4209         (1) “Department” means the Department of Health.
 4210         (2) “Primary prevention” means interventions directed
 4211  toward healthy populations with a focus on avoiding disease
 4212  before it occurs prior to its occurrence.
 4213         (3) “Secondary prevention” means interventions designed to
 4214  promote the early detection and treatment of diseases and to
 4215  reduce the risks experienced by at-risk populations.
 4216         (4) “Tertiary prevention” means interventions directed at
 4217  rehabilitating and minimizing the effects of disease in a
 4218  chronically ill population.
 4219         Section 203. Paragraph (d) of subsection (5) of section
 4220  411.01, Florida Statutes, is amended to read:
 4221         411.01 School readiness programs; early learning
 4222  coalitions.—
 4224         (d) Implementation.—
 4225         1. An early learning coalition may not implement the school
 4226  readiness program until the coalition is authorized through
 4227  approval of the coalition’s school readiness plan is approved by
 4228  the Agency for Workforce Innovation.
 4229         2. Each early learning coalition shall develop a plan for
 4230  implementing the school readiness program to meet the
 4231  requirements of this section and the performance standards and
 4232  outcome measures adopted by the Agency for Workforce Innovation.
 4233  The plan must demonstrate how the program will ensure that each
 4234  3-year-old and 4-year-old child in a publicly funded school
 4235  readiness program receives scheduled activities and instruction
 4236  designed to enhance the age-appropriate progress of the children
 4237  in attaining the performance standards adopted by the agency for
 4238  Workforce Innovation under subparagraph (4)(d)8. Before
 4239  implementing the school readiness program, the early learning
 4240  coalition must submit the plan to the agency for Workforce
 4241  Innovation for approval. The agency for Workforce Innovation may
 4242  approve the plan, reject the plan, or approve the plan with
 4243  conditions. The agency for Workforce Innovation shall review
 4244  school readiness plans at least annually.
 4245         3. If the Agency for Workforce Innovation determines during
 4246  the annual review of school readiness plans, or through
 4247  monitoring and performance evaluations conducted under paragraph
 4248  (4)(l), that an early learning coalition has not substantially
 4249  implemented its plan, has not substantially met the performance
 4250  standards and outcome measures adopted by the agency, or has not
 4251  effectively administered the school readiness program or
 4252  Voluntary Prekindergarten Education Program, the agency for
 4253  Workforce Innovation may dissolve the coalition and temporarily
 4254  contract with a qualified entity to continue school readiness
 4255  and prekindergarten services in the coalition’s county or
 4256  multicounty region until the coalition is reestablished through
 4257  resubmission of a school readiness plan and approval by the
 4258  agency.
 4259         4. The Agency for Workforce Innovation shall adopt criteria
 4260  for the approval of school readiness plans. The criteria must be
 4261  consistent with the performance standards and outcome measures
 4262  adopted by the agency and must require each approved plan to
 4263  include the following minimum standards and provisions:
 4264         a. A sliding fee scale establishing a copayment for parents
 4265  based upon their ability to pay, which is the same for all
 4266  program providers, to be implemented and reflected in each
 4267  program’s budget.
 4268         b. A choice of settings and locations in licensed,
 4269  registered, religious-exempt, or school-based programs to be
 4270  provided to parents.
 4271         c. Instructional staff who have completed the training
 4272  course as required in s. 402.305(2)(d)1., as well as staff who
 4273  have additional training or credentials as required by the
 4274  Agency for Workforce Innovation. The plan must provide a method
 4275  for assuring the qualifications of all personnel in all program
 4276  settings.
 4277         d. Specific eligibility priorities for children within the
 4278  early learning coalition’s county or multicounty region in
 4279  accordance with subsection (6).
 4280         e. Performance standards and outcome measures adopted by
 4281  the agency for Workforce Innovation.
 4282         f. Payment rates adopted by the early learning coalition
 4283  and approved by the agency for Workforce Innovation. Payment
 4284  rates may not have the effect of limiting parental choice or
 4285  creating standards or levels of services that have not been
 4286  authorized by the Legislature.
 4287         g. Systems support services, including a central agency,
 4288  child care resource and referral, eligibility determinations,
 4289  training of providers, and parent support and involvement.
 4290         h. Direct enhancement services to families and children.
 4291  System support and direct enhancement services shall be in
 4292  addition to payments for the placement of children in school
 4293  readiness programs.
 4294         i. The business organization of the early learning
 4295  coalition, which must include the coalition’s articles of
 4296  incorporation and bylaws if the coalition is organized as a
 4297  corporation. If the coalition is not organized as a corporation
 4298  or other business entity, the plan must include the contract
 4299  with a fiscal agent. An early learning coalition may contract
 4300  with other coalitions to achieve efficiency in multicounty
 4301  services, and these contracts may be part of the coalition’s
 4302  school readiness plan.
 4303         j. Strategies to meet the needs of unique populations, such
 4304  as migrant workers.
 4306  As part of the school readiness plan, the early learning
 4307  coalition may request the Governor to apply for a waiver to
 4308  allow the coalition to administer the Head Start Program to
 4309  accomplish the purposes of the school readiness program. If a
 4310  school readiness plan demonstrates that specific statutory goals
 4311  can be achieved more effectively by modifying using procedures
 4312  that require modification of existing rules, policies, or
 4313  procedures, a request for a waiver to the Agency for Workforce
 4314  Innovation may be submitted as part of the plan. Upon review,
 4315  the agency for Workforce Innovation may grant the proposed
 4316  modification.
 4317         5. Persons with an early childhood teaching certificate may
 4318  provide support and supervision to other staff in the school
 4319  readiness program.
 4320         6. An early learning coalition may not implement its school
 4321  readiness plan until it submits the plan to and receives
 4322  approval from the Agency for Workforce Innovation. Once the plan
 4323  is approved, the plan and the services provided under the plan
 4324  shall be controlled by the early learning coalition. The plan
 4325  shall be reviewed and revised as necessary, but at least
 4326  biennially. An early learning coalition may not implement the
 4327  revisions until the coalition submits the revised plan to and
 4328  receives approval from the agency for Workforce Innovation. If
 4329  the agency for Workforce Innovation rejects a revised plan, the
 4330  coalition must continue to operate under its prior approved
 4331  plan.
 4332         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 4333  apply to an early learning coalition with an approved school
 4334  readiness plan. To facilitate innovative practices and to allow
 4335  the regional establishment of school readiness programs, an
 4336  early learning coalition may apply to the Governor and Cabinet
 4337  for a waiver of, and the Governor and Cabinet may waive, any of
 4338  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 4339  waiver is necessary for implementation of the coalition’s school
 4340  readiness plan.
 4341         8. Two or more counties may join for purposes of planning
 4342  and implementing a school readiness program.
 4343         9. An early learning coalition may, subject to approval by
 4344  the Agency for Workforce Innovation as part of the coalition’s
 4345  school readiness plan, receive subsidized child care funds for
 4346  all children eligible for any federal subsidized child care
 4347  program.
 4348         10. An early learning coalition may enter into multiparty
 4349  contracts with multicounty service providers in order to meet
 4350  the needs of unique populations such as migrant workers.
 4351         Section 204. Paragraph (a) of subsection (3) of section
 4352  411.232, Florida Statutes, is amended to read:
 4353         411.232 Children’s Early Investment Program.—
 4354         (3) ESSENTIAL ELEMENTS.—
 4355         (a) Initially, the program shall be directed to geographic
 4356  areas where at-risk young children and their families are in
 4357  greatest need because of an unfavorable combination of economic,
 4358  social, environmental, and health factors, including, without
 4359  limitation, extensive poverty, high crime rate, great incidence
 4360  of low birthweight babies, high incidence of alcohol and drug
 4361  abuse, and high rates of teenage pregnancy. The selection of a
 4362  geographic site must shall also consider the incidence of young
 4363  children within these at-risk geographic areas who are cocaine
 4364  babies, children of single mothers who receive temporary cash
 4365  assistance, children of teenage parents, low birthweight babies,
 4366  and very young foster children. To receive funding under this
 4367  section, an agency, board, council, or provider must
 4368  demonstrate:
 4369         1. Its capacity to administer and coordinate the programs
 4370  and services in a comprehensive manner and provide a flexible
 4371  range of services;
 4372         2. Its capacity to identify and serve those children least
 4373  able to access existing programs and case management services;
 4374         3. Its capacity to administer and coordinate the programs
 4375  and services in an intensive and continuous manner;
 4376         4. The proximity of its facilities to young children,
 4377  parents, and other family members to be served by the program,
 4378  or its ability to provide offsite services;
 4379         5. Its ability to use existing federal, state, and local
 4380  governmental programs and services in implementing the
 4381  investment program;
 4382         6. Its ability to coordinate activities and services with
 4383  existing public and private, state and local agencies and
 4384  programs such as those responsible for health, education, social
 4385  support, mental health, child care, respite care, housing,
 4386  transportation, alcohol and drug abuse treatment and prevention,
 4387  income assistance, employment training and placement, nutrition,
 4388  and other relevant services, all the foregoing intended to
 4389  assist children and families at risk;
 4390         7. How its plan will involve project participants and
 4391  community representatives in the planning and operation of the
 4392  investment program; and
 4393         8. Its ability to participate in the evaluation component
 4394  required in this section.; and
 4395         9. Its consistency with the strategic plan pursuant to s.
 4396  411.221.
 4397         Section 205. Paragraph (a) of subsection (6) of section
 4398  445.006, Florida Statutes, is amended to read:
 4399         445.006 Strategic and operational plans for workforce
 4400  development.—
 4401         (6)(a) The operational plan must include strategies that
 4402  are designed to prevent or reduce the need for a person to
 4403  receive public assistance, including. These strategies must
 4404  include:
 4405         1. A teen pregnancy prevention component that includes, but
 4406  is not limited to, a plan for implementing the Florida Education
 4407  Now and Babies Later (ENABL) program under s. 411.242 and the
 4408  Teen Pregnancy Prevention Community Initiative within each
 4409  county of the services area in which the teen birth rate is
 4410  higher than the state average;
 4411         2. A component that encourages creation of community-based
 4412  welfare prevention and reduction initiatives that increase
 4413  support provided by noncustodial parents to their welfare
 4414  dependent children and are consistent with program and financial
 4415  guidelines developed by Workforce Florida, Inc., and the
 4416  Commission on Responsible Fatherhood. These initiatives may
 4417  include, but are not limited to, improved paternity
 4418  establishment, work activities for noncustodial parents,
 4419  programs aimed at decreasing out-of-wedlock pregnancies,
 4420  encouraging involvement of fathers with their children including
 4421  court-ordered supervised visitation, and increasing child
 4422  support payments;
 4423         3. A component that encourages formation and maintenance of
 4424  two-parent families through, among other things, court-ordered
 4425  supervised visitation;
 4426         4. A component that fosters responsible fatherhood in
 4427  families receiving assistance; and
 4428         5. A component that fosters provision of services that
 4429  reduce the incidence and effects of domestic violence on women
 4430  and children in families receiving assistance.
 4431         Section 206. Subsections (24), (25), and (26) of section
 4432  1001.42, Florida Statutes, are amended to read:
 4433         1001.42 Powers and duties of district school board.—The
 4434  district school board, acting as a board, shall exercise all
 4435  powers and perform all duties listed below:
 4437  REQUIREMENTS.—Beginning with the 2006-2007 school year:
 4438         (a) Each district school board shall designate a classroom
 4439  teacher to serve as the teacher representative to speak on
 4440  behalf of the district’s teachers regarding paperwork and data
 4441  collection reduction.
 4442         (b) Each district school board must provide the school
 4443  community with an efficient method for the school community to
 4444  communicate with the classroom teacher designee regarding
 4445  possible paperwork and data collection burdens and potential
 4446  solutions.
 4447         (c) The teacher designee shall annually report his or her
 4448  findings and potential solutions to the school board.
 4449         (d) Each district school board must submit its findings and
 4450  potential solutions to the State Board of Education by September
 4451  1 of each year.
 4452         (e) The State Board of Education shall prepare a report of
 4453  the statewide paperwork and data collection findings and
 4454  potential solutions and submit the report to the Governor, the
 4455  President of the Senate, and the Speaker of the House of
 4456  Representatives by October 1 of each year.
 4457         (24)(25) EMPLOYMENT CONTRACTS.— A district school board may
 4458  not enter into an employment contract that requires the district
 4459  to pay from state funds an employee an amount in excess of 1
 4460  year of the employee’s annual salary for termination, buyout, or
 4461  any other type of contract settlement. This subsection does not
 4462  prohibit the payment of earned leave and benefits in accordance
 4463  with the district’s leave and benefits policies which were
 4464  accrued by the employee before the contract terminates.
 4465         (25)(26) ADOPT RULES.—Adopt rules pursuant to ss.
 4466  120.536(1) and 120.54 to implement this section.
 4467         Section 207. Present paragraph (c) of subsection (3) of
 4468  section 1008.31, Florida Statutes, is redesignated as paragraph
 4469  (e), and new paragraphs (c) and (d) are added to that
 4470  subsection, to read:
 4471         1008.31 Florida’s K-20 education performance accountability
 4472  system; legislative intent; mission, goals, and systemwide
 4473  measures; data quality improvements.—
 4474         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4475  data required to implement education performance accountability
 4476  measures in state and federal law, the Commissioner of Education
 4477  shall initiate and maintain strategies to improve data quality
 4478  and timeliness. All data collected from state universities
 4479  shall, as determined by the commissioner, be integrated into the
 4480  K-20 data warehouse. The commissioner shall have unlimited
 4481  access to such data solely for the purposes of conducting
 4482  studies, reporting annual and longitudinal student outcomes, and
 4483  improving college readiness and articulation. All public
 4484  educational institutions shall provide data to the K-20 data
 4485  warehouse in a format specified by the commissioner.
 4486         (c) The commissioner shall continuously monitor and review
 4487  the collection of paperwork, data, and reports by school
 4488  districts and complete an annual review of such collection no
 4489  later than June 1 of each year. The annual review must include
 4490  recommendations for consolidating paperwork, data, and reports,
 4491  wherever feasible, in order to reduce the burdens on school
 4492  districts.
 4493         (d) By July 1 of each year, the commissioner shall prepare
 4494  a report assisting the school districts in eliminating or
 4495  consolidating paperwork, data, and reports by providing
 4496  suggestions, technical assistance, and guidance.
 4497         Section 208. This act shall take effect upon becoming a
 4498  law.

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