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       2010 Legislature            CS for CS for SB 1412, 1st Engrossed
    2         An act relating to obsolete or outdated agency plans,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. 39.4086, F.S.; deleting
   71         provisions relating to a report by the State Courts
   72         Administrator on a guardian ad litem program for
   73         dependent children; amending s. 98.255, F.S.; deleting
   74         provisions relating to a report on the effectiveness
   75         of voter education programs; amending s. 110.1227,
   76         F.S.; revising provisions relating to a report by the
   77         board of directors of the Florida Long-Term-Care Plan;
   78         amending s. 120.542, F.S.; deleting provisions
   79         relating to reports of petitions filed for variances
   80         to agency rules; repealing s. 153.952, F.S., relating
   81         to legislative findings and intent concerning
   82         privately owned wastewater systems and facilities;
   83         amending s. 161.053, F.S.; deleting a provision
   84         relating to a report on the coastal construction
   85         control line; amending s. 161.161, F.S.; deleting a
   86         provision requiring a report on funding for beach
   87         erosion control; repealing s. 163.2526, F.S., relating
   88         to the review and evaluation of urban infill; amending
   89         s. 163.3167, F.S.; deleting provisions relating to
   90         local government comprehensive plans; amending s.
   91         163.3177, F.S.; revising requirements for
   92         comprehensive plans; amending s. 163.3178, F.S.;
   93         deleting a duty of the Coastal Resources Interagency
   94         Management Committee to submit certain
   95         recommendations; repealing s. 163.519(12), F.S.,
   96         relating to the requirement for a report on
   97         neighborhood improvement districts by the Department
   98         of Legal Affairs; repealing s. 186.007(9), F.S.;
   99         deleting provisions relating to a committee to
  100         recommend to the Governor changes in the state
  101         comprehensive plan; amending ss. 189.4035 and 189.412,
  102         F.S.; revising requirements relating to dissemination
  103         of the official list of special districts; amending s.
  104         206.606, F.S.; revising provisions relating to a
  105         report on the Florida Boating Improvement Program;
  106         amending s. 212.054, F.S.; deleting the requirement
  107         for a report on costs of administering the
  108         discretionary sales surtax; amending s. 212.08, F.S.;
  109         deleting a requirement for a report on the sales tax
  110         exemption for machinery and equipment used in
  111         semiconductor, defense, or space technology production
  112         and research and development; repealing s. 213.0452,
  113         F.S., relating to a report on the structure of the
  114         Department of Revenue; repealing s. 213.054, F.S.,
  115         relating to monitoring and reporting regarding persons
  116         claiming tax exemptions; amending s. 215.70, F.S.;
  117         requiring the State Board of Administration to report
  118         to the Governor when funds need to be appropriated to
  119         honor the full faith and credit of the state; amending
  120         s. 216.011, F.S.; redefining the term “long-range
  121         program plan”; repealing s. 216.181(10)(c), F.S.,
  122         relating to reports of filled and vacant positions and
  123         salaries; amending s. 252.55, F.S.; revising certain
  124         reporting requirements relating to the Civil Air
  125         Patrol; amending s. 253.7825, F.S.; deleting
  126         provisions relating to the plan for the Cross Florida
  127         Greenways State Recreation and Conservation Area;
  128         repealing s. 253.7826, F.S., relating to structures of
  129         the Cross Florida Barge Canal; repealing s. 253.7829,
  130         F.S., relating to a management plan for retention or
  131         disposition of lands of the Cross Florida Barge Canal;
  132         amending s. 259.037, F.S.; revising provisions
  133         relating to a report of the Land Management Uniform
  134         Accounting Council; repealing s. 267.074(4), F.S.,
  135         relating to a plan for the State Historical Marker
  136         Program; repealing s. 284.50(3), F.S., relating to a
  137         requirement for a report by the Interagency Advisory
  138         Council on Loss Prevention and certain department
  139         heads; repealing s. 287.045(11), F.S., relating to a
  140         requirement for reports on use of recycled products;
  141         repealing s. 288.1185, F.S., relating to the Recycling
  142         Markets Advisory Committee; amending s. 288.1229,
  143         F.S.; revising duties of the direct-support
  144         organization to support sports-related industries and
  145         amateur athletics; repealing s. 288.7015(4), F.S.,
  146         relating to a requirement for a report by the rules
  147         ombudsman in the Executive Office of the Governor;
  148         amending s. 288.7771, F.S.; revising a reporting
  149         requirement of the Florida Export Finance Corporation;
  150         repealing s. 288.8175(8), (10), and (11), F.S.,
  151         relating to certain responsibilities of the Department
  152         of Education with respect to linkage institutes
  153         between postsecondary institutions in this state and
  154         foreign countries; repealing s. 288.853(5), F.S.,
  155         relating to the requirement for a report on assistance
  156         to and commerce with Cuba; amending s. 288.904, F.S.;
  157         deleting an obsolete provision requiring the creation
  158         of advisory committees on international and small
  159         business issues; amending s. 288.95155, F.S.; revising
  160         requirements for a report by Enterprise Florida, Inc.,
  161         on the Florida Small Business Technology Growth
  162         Program; amending s. 288.9604, F.S.; deleting a
  163         requirement for a report by the Florida Development
  164         Finance Corporation; amending s. 288.9610, F.S.;
  165         revising provisions relating to annual reporting by
  166         the corporation; amending s. 292.05, F.S.; revising
  167         requirements relating to a report by the Department of
  168         Veterans’ Affairs; repealing ss. 296.16 and 296.39,
  169         F.S., relating to reports by the executive director of
  170         the Department of Veterans’ Affairs; repealing s.
  171         315.03(12)(c), F.S., relating to legislative review of
  172         a loan program of the Florida Seaport Transportation
  173         and Economic Development Council; amending s. 319.324,
  174         F.S.; deleting provisions relating to funding a report
  175         on odometer fraud prevention and detection; repealing
  176         s. 322.181, F.S., relating to a study by the
  177         Department of Highway Safety and Motor Vehicles on
  178         driving by the elderly; repealing s. 322.251(7)(c),
  179         F.S., relating to a plan to indemnify persons wanted
  180         for passing worthless bank checks; amending s.
  181         373.0391, F.S.; deleting provisions relating to
  182         provision of certain information by water management
  183         districts; amending s. 373.046, F.S.; deleting an
  184         obsolete provision requiring a report by the Secretary
  185         of Environmental Protection; repealing s. 376.121(14),
  186         F.S., relating to a report by the Department of
  187         Environmental Protection on damage to natural
  188         resources; repealing s. 376.17, F.S., relating to
  189         reports of the department to the Legislature;
  190         repealing s. 376.30713(5), F.S., relating to a report
  191         on preapproved advanced cleanup; amending s. 379.2211,
  192         F.S.; revising provisions relating to a report by the
  193         Fish and Wildlife Conservation Commission on waterfowl
  194         permit revenues; amending s. 379.2212, F.S.; revising
  195         provisions relating to a report by the commission on
  196         wild turkey permit revenues; repealing s. 379.2523(8),
  197         F.S., relating to duties of the Fish and Wildlife
  198         Conservation Commission concerning an aquaculture
  199         plan; amending s. 380.06, F.S.; deleting provisions on
  200         transmission of revisions relating to statewide
  201         guidelines and standards for developments of regional
  202         impact; repealing s. 380.0677(3), F.S., relating to
  203         powers of the Green Swamp Land Authority; repealing s.
  204         381.0011(3), F.S., relating to an inclusion in the
  205         Department of Health’s strategic plan; repealing s.
  206         381.0036, F.S., relating to planning for
  207         implementation of educational requirements concerning
  208         HIV and AIDS; repealing s. 381.731, F.S., relating to
  209         strategic planning of the Department of Health;
  210         amending s. 381.795, F.S.; deleting provisions
  211         relating to studies by the Department of Health on
  212         long-term, community-based supports; amending s.
  213         381.931, F.S.; deleting provisions relating to the
  214         duty of the Department of Health to develop a report
  215         on Medicaid expenditures; amending s. 383.19, F.S.;
  216         revising provisions relating to reports by hospitals
  217         contracting to provide perinatal intensive care
  218         services; repealing s. 383.21, F.S., relating to
  219         reviews of perinatal intensive care service programs;
  220         amending s. 383.2161, F.S.; revising requirements
  221         relating to a report by the Department of Health on
  222         maternal and child health; repealing s. 394.4573(4),
  223         F.S., relating to the requirement for a report by the
  224         Department of Children and Family Services on staffing
  225         state mental health facilities; amending s. 394.4985,
  226         F.S.; deleting provisions relating to plans by
  227         department districts; repealing s. 394.82, F.S.,
  228         relating to the funding of expanded community mental
  229         health services; repealing s. 394.9083, F.S., relating
  230         to the Behavioral Health Services Integration
  231         Workgroup; repealing s. 395.807(2)(c), F.S., relating
  232         to requirements for a report on the retention of
  233         family practice residents; repealing s. 397.332(3),
  234         F.S., relating to the requirement for a report by the
  235         director of the Office of Drug Control; repealing s.
  236         397.94(1), F.S., relating to children’s substance
  237         abuse services plans by service districts of the
  238         Department of Children and Family Services; repealing
  239         s. 400.148(2), F.S., relating to a pilot program of
  240         the Agency for Health Care Administration for a
  241         quality-of-care contract management program; amending
  242         s. 400.967, F.S.; deleting provisions relating to a
  243         report by the Agency for Health Care Administration on
  244         intermediate care facilities for developmentally
  245         disabled persons; repealing s. 402.3016(3), F.S.,
  246         relating to the requirement for a report by the agency
  247         on Early Head Start collaboration grants; repealing s.
  248         402.40(9), F.S., relating to submission to the
  249         Legislature of certain information related to child
  250         welfare training; amending s. 403.4131, F.S.; deleting
  251         provisions relating to a report on the adopt-a-highway
  252         program; repealing s. 403.706(2)(d), F.S., relating to
  253         local government solid waste responsibilities;
  254         repealing s. 406.02(4)(a), F.S., relating to the
  255         requirement for a report by the Medical Examiners
  256         Commission; amending s. 408.033, F.S.; revising
  257         provisions relating to reports by local health
  258         councils; repealing s. 408.914(4), F.S., relating to
  259         the requirement of the Agency for Health Care
  260         Administration to submit to the Governor a plan on the
  261         comprehensive health and human services eligibility
  262         access system; repealing s. 408.915(3)(i), F.S.,
  263         relating to the requirement for periodic reports on
  264         the pilot program for such access; repealing s.
  265         408.917, F.S., relating to an evaluation of the pilot
  266         project; amending s. 409.1451, F.S.; revising
  267         requirements relating to reports on independent living
  268         transition services; repealing s. 409.152, F.S.,
  269         relating to service integration and family
  270         preservation; repealing s. 409.1679(1) and (2), F.S.,
  271         relating to reports concerning residential group care
  272         services; amending s. 409.1685, F.S.; revising
  273         provisions relating to reports by the Department of
  274         Children and Family Services on children in foster
  275         care; repealing s. 409.221(4)(k), F.S., relating to
  276         reports on consumer-directed care; amending s.
  277         409.25575, F.S.; deleting provisions relating to a
  278         report by the Department of Revenue regarding a
  279         quality assurance program for privatization of
  280         services; amending s. 409.2558, F.S.; deleting
  281         provisions relating to the Department of Revenue’s
  282         solicitation of recommendations related to a rule on
  283         undistributable collections; repealing s. 409.441(3),
  284         F.S., relating to the state plan for the handling of
  285         runaway youths; amending s. 409.906, F.S.; deleting a
  286         requirement for reports of child-welfare-targeted case
  287         management projects; amending s. 409.912, F.S.;
  288         revising provisions relating to duties of the agency
  289         with respect to cost-effective purchasing of health
  290         care; repealing s. 410.0245, F.S., relating to a study
  291         of service needs of the disabled adult population;
  292         repealing s. 410.604(10), F.S., relating to a
  293         requirement for the Department of Children and Family
  294         Services to evaluate the community care for disabled
  295         adults program; amending s. 411.0102, F.S.; deleting
  296         provisions relating to use of child care purchasing
  297         pool funds; repealing s. 411.221, F.S., relating to
  298         prevention and early assistance; repealing s. 411.242,
  299         F.S., relating to the Florida Education Now and Babies
  300         Later program; amending s. 414.14, F.S.; deleting a
  301         provision relating to a report by the Secretary of
  302         Children and Family Services on public assistance
  303         policy simplification; repealing s. 414.36(1), F.S.,
  304         relating to a plan for privatization of recovery of
  305         public assistance overpayment claims; repealing s.
  306         414.391(3), F.S., relating to a plan for automated
  307         fingerprint imaging; amending s. 415.1045, F.S.;
  308         deleting a requirement for a study by the Office of
  309         Program Policy Analysis and Government Accountability
  310         on documentation of exploitation, abuse, or neglect;
  311         amending s. 420.622, F.S.; revising requirements
  312         relating to a report by the State Council on
  313         Homelessness; repealing s. 420.623(4), F.S., relating
  314         to the requirement of a report by the Department of
  315         Community Affairs on homelessness; amending s.
  316         427.704, F.S.; revising requirements relating to a
  317         report by the Public Service Commission on a
  318         telecommunications access system; amending s. 427.706,
  319         F.S.; revising requirements relating to a report by
  320         the advisory committee on telecommunications access;
  321         amending s. 429.07, F.S.; deleting provisions relating
  322         to a report by the Department of Elderly Affairs on
  323         extended congregate care facilities; amending s.
  324         429.41, F.S.; deleting provisions relating to a report
  325         concerning standards for assisted living facilities;
  326         amending s. 430.04, F.S.; revising duties of the
  327         Department of Elderly Affairs with respect to certain
  328         reports and recommendations; amending s. 430.502,
  329         F.S.; revising requirements with respect to reports by
  330         the Alzheimer’s Disease Advisory Committee; amending
  331         s. 445.006, F.S.; deleting provisions relating to a
  332         strategic plan for workforce development; repealing s.
  333         455.2226(8), F.S., relating to the requirement of a
  334         report by the Board of Funeral Directors and
  335         Embalmers; repealing s. 455.2228(6), F.S., relating to
  336         the requirement of reports by the Barbers’ Board and
  337         the Board of Cosmetology; amending s. 456.005, F.S.;
  338         revising requirements relating to long-range planning
  339         by professional boards; amending s. 456.025, F.S.;
  340         revising requirements relating to a report to
  341         professional boards by the Department of Health;
  342         repealing s. 456.034(6), F.S., relating to reports by
  343         professional boards about HIV and AIDS; amending s.
  344         517.302, F.S.; deleting a requirement for a report by
  345         the Office of Financial Regulation on deposits into
  346         the Anti-Fraud Trust Fund; repealing s. 531.415(3),
  347         F.S., relating to the requirement of a report by the
  348         Department of Agriculture and Consumer Services on
  349         fees; repealing s. 570.0705(3), F.S., relating to the
  350         requirement of a report by the Commissioner of
  351         Agriculture concerning advisory committees; amending
  352         s. 570.0725, F.S.; requiring that the Department of
  353         Agriculture and Consumer Services submit an electronic
  354         report to the Legislature concerning support for food
  355         recovery programs; repealing s. 570.543(3), F.S.,
  356         relating to legislative recommendations of the Florida
  357         Consumers’ Council; amending s. 590.33, F.S.; deleting
  358         a reference to the Florida Commission on Interstate
  359         Cooperation to conform to changes made by the act;
  360         amending s. 603.204, F.S.; revising requirements
  361         relating to the South Florida Tropical Fruit Plan;
  362         amending s. 627.64872, F.S.; deleting provisions
  363         relating to an interim report by the board of
  364         directors of the Florida Health Insurance Plan;
  365         prohibiting the board from acting to implement the
  366         plan until certain funds are appropriated; amending s.
  367         744.708, F.S.; revising provisions relating to audits
  368         of public guardian offices and to reports concerning
  369         those offices; amending s. 790.22, F.S.; deleting
  370         provisions relating to reports by the Department of
  371         Juvenile Justice concerning certain juvenile offenses
  372         that involve weapons; amending s. 943.125, F.S.;
  373         deleting provisions relating to reports by the Florida
  374         Sheriffs Association and the Florida Police Chiefs
  375         Association concerning law enforcement agency
  376         accreditation; amending s. 943.68, F.S.; revising
  377         requirements relating to reports by the Department of
  378         Law Enforcement concerning transportation and
  379         protective services; amending s. 944.801, F.S.;
  380         deleting a requirement to deliver to specified
  381         officials copies of certain reports concerning
  382         education of state prisoners; repealing s. 945.35(10),
  383         F.S., relating to the requirement of a report by the
  384         Department of Corrections concerning HIV and AIDS
  385         education; repealing s. 958.045(9), F.S., relating to
  386         a report by the department concerning youthful
  387         offenders; amending s. 960.045, F.S.; revising
  388         requirements relating to reports by the Department of
  389         Legal Affairs with respect to victims of crimes;
  390         repealing s. 985.02(8)(c), F.S., relating to the
  391         requirement of a study by the Office of Program Policy
  392         Analysis and Government Accountability on programs for
  393         young females within the Department of Juvenile
  394         Justice; amending s. 985.047, F.S.; deleting
  395         provisions relating to a plan by a multiagency task
  396         force on information systems related to delinquency;
  397         amending s. 985.47, F.S.; deleting provisions relating
  398         to a report on serious or habitual juvenile offenders;
  399         amending s. 985.483, F.S.; deleting provisions
  400         relating to a report on intensive residential
  401         treatment for offenders younger than 13 years of age;
  402         repealing s. 985.61(5), F.S., relating to a report by
  403         the Department of Juvenile Justice on early
  404         delinquency intervention; amending s. 985.622, F.S.;
  405         deleting provisions relating to submission of the
  406         multiagency plan for vocational education; repealing
  407         s. 985.632(7), F.S., relating to a report by the
  408         Department of Juvenile Justice on funding incentives
  409         and disincentives; repealing s. 1003.61(4), F.S.,
  410         relating to evaluation of a pilot attendance project
  411         in Manatee County; repealing s. 1004.50(6), F.S.,
  412         relating to the requirement of a report by the
  413         Governor concerning unmet needs in urban communities;
  414         repealing s. 1006.0605, F.S., relating to students’
  415         summer nutrition; repealing s. 1006.67, F.S., relating
  416         to a report of campus crime statistics; amending s.
  417         1009.70, F.S.; deleting provisions relating to a
  418         report on a minority law school scholarship program;
  419         amending s. 1011.32, F.S.; requiring the Governor to
  420         be given a copy of a report related to the Community
  421         College Facility Enhancement Challenge Grant Program;
  422         amending s. 1011.62, F.S.; deleting provisions
  423         relating to recommendations for implementing the
  424         extended-school-year program; repealing s.
  425         1012.05(2)(l), F.S., relating to a plan concerning
  426         teacher recruitment and retention; amending s.
  427         1012.42, F.S.; deleting provisions relating to a plan
  428         of assistance for teachers teaching out-of-field;
  429         amending s. 1013.11, F.S.; deleting provisions
  430         relating to transmittal of a report on physical plant
  431         safety; amending ss. 161.142, 163.065, 163.2511,
  432         163.2514, 163.3202, 259.041, 259.101, 369.305,
  433         379.2431, 381.732, 381.733, 411.01, 411.232, and
  434         445.006, F.S., conforming cross-references to changes
  435         made by the act; amending s. 1001.42, F.S.; deleting
  436         provisions that require each district school board to
  437         reduce paperwork and data collection and report its
  438         findings and potential solutions on reducing burdens
  439         associated with such collection; amending s. 1008.31,
  440         F.S.; requiring that the Commissioner of Education
  441         monitor and review the collection of paperwork, data,
  442         and reports by school districts; requiring that the
  443         commissioner complete an annual review of such
  444         collection by a specified date each year; requiring
  445         that the commissioner prepare a report, by a specified
  446         date each year, assisting the school districts with
  447         eliminating or consolidating paperwork, data, and
  448         reports by providing suggestions, technical
  449         assistance, and guidance; providing an effective date.
  451  Be It Enacted by the Legislature of the State of Florida:
  453         Section 1. Section 13.01, Florida Statutes, is repealed.
  454         Section 2. Section 13.02, Florida Statutes, is repealed.
  455         Section 3. Section 13.03, Florida Statutes, is repealed.
  456         Section 4. Section 13.04, Florida Statutes, is repealed.
  457         Section 5. Section 13.05, Florida Statutes, is repealed.
  458         Section 6. Section 13.06, Florida Statutes, is repealed.
  459         Section 7. Section 13.07, Florida Statutes, is repealed.
  460         Section 8. Section 13.08, Florida Statutes, is repealed.
  461         Section 9. Section 13.09, Florida Statutes, is repealed.
  462         Section 10. Section 13.10, Florida Statutes, is transferred
  463  and renumbered as section 11.249, Florida Statutes.
  464         Section 11. Section 13.90, Florida Statutes, is repealed.
  465         Section 12. Section 13.91, Florida Statutes, is repealed.
  466         Section 13. Section 13.92, Florida Statutes, is repealed.
  467         Section 14. Section 13.93, Florida Statutes, is repealed.
  468         Section 15. Section 13.94, Florida Statutes, is repealed.
  469         Section 16. Section 13.95, Florida Statutes, is repealed.
  470         Section 17. Section 13.96, Florida Statutes, is repealed.
  471         Section 18. Section 13.97, Florida Statutes, is repealed.
  472         Section 19. Section 13.98, Florida Statutes, is repealed.
  473         Section 20. Section 13.99, Florida Statutes, is repealed.
  474         Section 21. Section 13.992, Florida Statutes, is repealed.
  475         Section 22. Section 13.993, Florida Statutes, is repealed.
  476         Section 23. Section 13.994, Florida Statutes, is repealed.
  477         Section 24. Section 13.995, Florida Statutes, is repealed.
  478         Section 25. Section 13.996, Florida Statutes, is repealed.
  479         Section 26. Section 14.25, Florida Statutes, is repealed.
  480         Section 27. Subsection (3) of section 14.26, Florida
  481  Statutes, is amended to read:
  482         14.26 Citizen’s Assistance Office.—
  483         (3) The Citizen’s Assistance Office shall report make
  484  quarterly reports to the Governor on, which shall include:
  485         (a) The number of complaints and investigations and
  486  complaints made during the preceding quarter and the disposition
  487  of such investigations.
  488         (b) Recommendations in the form of suggested legislation or
  489  suggested procedures for the alleviation of problems disclosed
  490  by investigations.
  491         (b)(c)A report including statistics which reflect The
  492  types of complaints made and an assessment as to the cause of
  493  the complaints.
  494         (c)Recommendations for the alleviation of the cause of
  495  complaints disclosed by investigations.
  496         (d) Such Other information as the Executive Office of the
  497  Governor shall require.
  498         Section 28. Section 14.27, Florida Statutes, is repealed.
  499         Section 29. Section 16.58, Florida Statutes, is repealed.
  500         Section 30. Subsection (1) of section 17.32, Florida
  501  Statutes, is amended to read:
  502         17.32 Annual report of trust funds; duties of Chief
  503  Financial Officer.—
  504         (1) On February 1 of each year, the Chief Financial Officer
  505  shall present to the Governor and the Legislature President of
  506  the Senate and the Speaker of the House of Representatives a
  507  report listing all trust funds as defined in s. 215.32. The
  508  report must shall contain the following data elements for each
  509  fund for the preceding fiscal year:
  510         (a) The fund code.
  511         (b) The title.
  512         (c) The fund type according to generally accepted
  513  accounting principles.
  514         (d) The statutory authority.
  515         (e) The beginning cash balance.
  516         (f) Direct revenues.
  517         (g) Nonoperating revenues.
  518         (h) Operating disbursements.
  519         (i) Nonoperating disbursements.
  520         (j) The ending cash balance.
  521         (k) The department and budget entity in which the fund is
  522  located.
  523         Section 31. Subsection (1) of section 17.325, Florida
  524  Statutes, is amended to read:
  525         17.325 Governmental efficiency hotline; duties of Chief
  526  Financial Officer.—
  527         (1) The Chief Financial Officer shall establish and operate
  528  a statewide toll-free telephone hotline to receive information
  529  or suggestions from the residents citizens of this state on how
  530  to improve the operation of government, increase governmental
  531  efficiency, and eliminate waste in government. The Chief
  532  Financial Officer shall report each month to the appropriations
  533  committee of the House of Representatives and of the Senate the
  534  information or suggestions received through the hotline and the
  535  evaluations and determinations made by the affected agency, as
  536  provided in subsection (3), with respect to such information or
  537  suggestions.
  538         Section 32. Section 20.057, Florida Statutes, is amended to
  539  read:
  540         20.057 Interagency agreements to delete duplication of
  541  inspections.—
  542         (1) The Governor shall direct any department, the head of
  543  which is an officer or board appointed by and serving at the
  544  pleasure of the Governor, to enter into an interagency agreement
  545  to that will eliminate duplication of inspections among the
  546  departments that inspect the same type of facility or structure.
  547  Parties to the agreement may include departments which are
  548  headed by a Cabinet officer, the Governor and Cabinet, or a
  549  collegial body. The agreement shall:
  550         (a) Authorize agents of one department to conduct
  551  inspections required to be performed by another department.
  552         (b) Specify that agents of the department conducting the
  553  inspection have all powers relative to the inspection as the
  554  agents of the department on whose behalf the inspection is being
  555  conducted.
  556         (c) Require that agents of the department conducting the
  557  inspection have sufficient knowledge of statutory and
  558  administrative inspection requirements to conduct a proper
  559  inspection.
  560         (d) Specify that the departments entering which have
  561  entered into the agreement may not neither charge or nor accept
  562  any funds with respect to duties performed under the agreement
  563  which are in excess of the direct costs of conducting the such
  564  inspections.
  565         (2) Before taking effect, an agreement entered into under
  566  this section must be approved by the Governor. Inspections
  567  conducted under an agreement are shall be deemed sufficient for
  568  enforcement purposes pursuant to the agreement or as otherwise
  569  provided by law.
  570         (2) No later than 60 days prior to the beginning of the
  571  regular session, the Governor shall make an annual report to the
  572  President of the Senate and the Speaker of the House of
  573  Representatives regarding interagency agreements. The report
  574  shall identify each interagency agreement entered into under
  575  this section, and, for each agreement, shall describe the
  576  duplication eliminated, provide data that measures the
  577  effectiveness of inspections conducted under the interagency
  578  agreement, and estimate the cost savings that have resulted from
  579  the agreement. The report shall also describe obstacles
  580  encountered by any department in attempting to develop an
  581  interagency agreement and in performing duties resulting from an
  582  interagency agreement and shall recommend appropriate remedial
  583  legislative action.
  584         Section 33. Paragraphs (e), (f), and (g) of subsection (4)
  585  of section 20.316, Florida Statutes, are repealed.
  586         Section 34. Paragraph (h) of subsection (2) of section
  587  39.4086, Florida Statutes, is amended to read:
  588         39.4086 Pilot program for attorneys ad litem for dependent
  589  children.—
  590         (2) RESPONSIBILITIES.—
  591         (h) The Office of the State Courts Administrator shall
  592  conduct research and gather statistical information to evaluate
  593  the establishment, operation, and impact of the pilot program in
  594  meeting the legal needs of dependent children. In assessing the
  595  effects of the pilot program, including achievement of outcomes
  596  identified under paragraph (b), the evaluation must include a
  597  comparison of children within the Ninth Judicial Circuit who are
  598  appointed an attorney ad litem with those who are not. The
  599  office shall submit a report to the Legislature and the Governor
  600  by October 1, 2001, and by October 1, 2002, regarding its
  601  findings. The office shall submit a final report by October 1,
  602  2003, which must include an evaluation of the pilot program;
  603  findings on the feasibility of a statewide program; and
  604  recommendations, if any, for locating, establishing, and
  605  operating a statewide program.
  606         Section 35. Subsections (1) and (3) of section 98.255,
  607  Florida Statutes, are amended to read:
  608         98.255 Voter education programs.—
  609         (1) By March 1, 2002, The Department of State shall adopt
  610  rules prescribing minimum standards for nonpartisan voter
  611  education. In developing the rules, the department shall review
  612  current voter education programs within each county of the
  613  state. The standards shall, at a minimum, address, but are not
  614  limited to, the following subjects:
  615         (a) Voter registration;
  616         (b) Balloting procedures, absentee and polling place;
  617         (c) Voter rights and responsibilities;
  618         (d) Distribution of sample ballots; and
  619         (e) Public service announcements.
  620         (3)(a) By December 15 of each general election year, each
  621  supervisor of elections shall report to the Department of State
  622  a detailed description of the voter education programs
  623  implemented and any other information that may be useful in
  624  evaluating the effectiveness of voter education efforts.
  625         (b) The Department of State, upon receipt of such
  626  information, shall prepare a public report on the effectiveness
  627  of voter education programs and shall submit the report to the
  628  Governor, the President of the Senate, and the Speaker of the
  629  House of Representatives by January 31 of each year following a
  630  general election.
  631         (c) The department of State shall reexamine the rules
  632  adopted pursuant to subsection (1) and use consider the findings
  633  in these reports the report as a basis for modifying the
  634  adopting modified rules to that incorporate successful voter
  635  education programs and techniques, as necessary.
  636         Section 36. Paragraph (a) of subsection (7) of section
  637  110.1227, Florida Statutes, is amended to read:
  638         110.1227 Florida Employee Long-Term-Care Plan Act.—
  639         (7) The board of directors of the Florida Long-Term-Care
  640  Plan shall:
  641         (a) Upon implementation, prepare an annual report of the
  642  plan, with the assistance of an actuarial consultant, to be
  643  submitted to the Speaker of the House of Representatives, the
  644  President of the Senate, the Governor, and the Legislature the
  645  Minority Leaders of the Senate and the House of Representatives.
  646         Section 37. Subsection (9) of section 120.542, Florida
  647  Statutes, is amended to read:
  648         120.542 Variances and waivers.—
  649         (9) Each agency shall maintain a record of the type and
  650  disposition of each petition, including temporary or emergency
  651  variances and waivers, filed pursuant to this section. On
  652  October 1 of each year, each agency shall file a report with the
  653  Governor, the President of the Senate, and the Speaker of the
  654  House of Representatives listing the number of petitions filed
  655  requesting variances to each agency rule, the number of
  656  petitions filed requesting waivers to each agency rule, and the
  657  disposition of all petitions. Temporary or emergency variances
  658  and waivers, and the reasons for granting or denying temporary
  659  or emergency variances and waivers, shall be identified
  660  separately from other waivers and variances.
  661         Section 38. Section 153.952, Florida Statutes, is repealed.
  662         Section 39. Subsections (3) through (22) of section
  663  161.053, Florida Statutes, are amended to read:
  664         161.053 Coastal construction and excavation; regulation on
  665  county basis.—
  666         (3) It is the intent of the Legislature that any coastal
  667  construction control line that has not been updated since June
  668  30, 1980, shall be considered a critical priority for
  669  reestablishment by the department. In keeping with this intent,
  670  the department shall notify the Legislature if all such lines
  671  cannot be reestablished by December 31, 1997, so that the
  672  Legislature may subsequently consider interim lines of
  673  jurisdiction for the remaining counties.
  674         (3)(4)A Any coastal county or coastal municipality may
  675  establish coastal construction zoning and building codes in lieu
  676  of the provisions of this section if, provided such zones and
  677  codes are approved by the department as being adequate to
  678  preserve and protect the beaches and coastal barrier dunes
  679  adjacent to such beaches, which are under the jurisdiction of
  680  the department, from imprudent construction that will jeopardize
  681  the stability of the beach-dune system, accelerate erosion,
  682  provide inadequate protection to upland structures, endanger
  683  adjacent properties, or interfere with public beach access.
  684  Exceptions to locally established coastal construction zoning
  685  and building codes may shall not be granted unless previously
  686  approved by the department. It is The intent of this subsection
  687  is to provide for the local administration of established
  688  coastal construction control lines through approved zoning and
  689  building codes if where desired by local interests and where
  690  such local interests have, in the judgment of the department,
  691  sufficient funds and personnel to adequately administer the
  692  program. Should the department determine at any time that the
  693  program is inadequately administered, the department may shall
  694  have authority to revoke the authority granted to the county or
  695  municipality.
  696         (4)(5) Except in those areas where local zoning and
  697  building codes have been established pursuant to subsection (3)
  698  (4), a permit to alter, excavate, or construct on property
  699  seaward of established coastal construction control lines may be
  700  granted by the department as follows:
  701         (a) The department may authorize an excavation or erection
  702  of a structure at any coastal location as described in
  703  subsection (1) upon receipt of an application from a property or
  704  and/or riparian owner and upon the consideration of facts and
  705  circumstances, including:
  706         1. Adequate engineering data concerning shoreline stability
  707  and storm tides related to shoreline topography;
  708         2. Design features of the proposed structures or
  709  activities; and
  710         3. Potential effects impacts of the location of the such
  711  structures or activities, including potential cumulative effects
  712  of any proposed structures or activities upon the such beach
  713  dune system, which, in the opinion of the department, clearly
  714  justify such a permit.
  715         (b) If in the immediate contiguous or adjacent area a
  716  number of existing structures have established a reasonably
  717  continuous and uniform construction line closer to the line of
  718  mean high water than the foregoing, and if the existing
  719  structures have not been unduly affected by erosion, a proposed
  720  structure may, at the discretion of the department, be permitted
  721  along such line on written authorization from the department if
  722  the such structure is also approved by the department. However,
  723  the department may shall not contravene setback requirements or
  724  zoning or building codes established by a county or municipality
  725  which are equal to, or more strict than, the those requirements
  726  provided in this subsection herein. This paragraph does not
  727  prohibit the department from requiring structures to meet design
  728  and siting criteria established in paragraph (a) or in
  729  subsection (1) or subsection (2).
  730         (c) The department may condition the nature, timing, and
  731  sequence of construction of permitted activities to provide
  732  protection to nesting sea turtles and hatchlings and their
  733  habitat, pursuant to s. 379.2431, and to native salt-resistant
  734  vegetation and endangered plant communities.
  735         (d) The department may require such engineer certifications
  736  as necessary to ensure assure the adequacy of the design and
  737  construction of permitted projects.
  738         (e) The department shall limit the construction of
  739  structures that which interfere with public access along the
  740  beach. However, the department may require, as a condition of to
  741  granting permits, the provision of alternative access if when
  742  interference with public access along the beach is unavoidable.
  743  The width of the such alternate access may not be required to
  744  exceed the width of the access that will be obstructed as a
  745  result of the permit being granted.
  746         (f) The department may, as a condition of to the granting
  747  of a permit under this section, require mitigation, financial,
  748  or other assurances acceptable to the department as may be
  749  necessary to ensure assure performance of conditions of a permit
  750  or enter into contractual agreements to best assure compliance
  751  with any permit conditions. The department may also require
  752  notice of the permit conditions required and the contractual
  753  agreements entered into pursuant to the provisions of this
  754  subsection to be filed in the public records of the county in
  755  which the permitted activity is located.
  756         (5)(6)(a) As used in this subsection, the term:
  757         1. “Frontal dune” means the first natural or manmade mound
  758  or bluff of sand which is located landward of the beach and
  759  which has sufficient vegetation, height, continuity, and
  760  configuration to offer protective value.
  761         2. “Seasonal high-water line” means the line formed by the
  762  intersection of the rising shore and the elevation of 150
  763  percent of the local mean tidal range above local mean high
  764  water.
  765         (b) After October 1, 1985, and notwithstanding any other
  766  provision of this part, the department, or a local government to
  767  which the department has delegated permitting authority pursuant
  768  to subsections (3) (4) and (15) (16), may shall not issue a any
  769  permit for any structure, other than a coastal or shore
  770  protection structure, minor structure, or pier, meeting the
  771  requirements of this part, or other than intake and discharge
  772  structures for a facility sited pursuant to part II of chapter
  773  403, which is proposed for a location that which, based on the
  774  department’s projections of erosion in the area, will be seaward
  775  of the seasonal high-water line within 30 years after the date
  776  of application for the such permit. The procedures for
  777  determining such erosion shall be established by rule. In
  778  determining the area that which will be seaward of the seasonal
  779  high-water line in 30 years, the department may shall not
  780  include any areas landward of a coastal construction control
  781  line.
  782         (c) If Where the application of paragraph (b) would
  783  preclude the construction of a structure, the department may
  784  issue a permit for a single-family dwelling for the parcel if so
  785  long as:
  786         1. The parcel for which the single-family dwelling is
  787  proposed was platted or subdivided by metes and bounds before
  788  the effective date of this section;
  789         2. The owner of the parcel for which the single-family
  790  dwelling is proposed does not own another parcel immediately
  791  adjacent to and landward of the parcel for which the dwelling is
  792  proposed;
  793         3. The proposed single-family dwelling is located landward
  794  of the frontal dune structure; and
  795         4. The proposed single-family dwelling will be as far
  796  landward on its parcel as is practicable without being located
  797  seaward of or on the frontal dune.
  798         (d) In determining the land areas that which will be below
  799  the seasonal high-water line within 30 years after the permit
  800  application date, the department shall consider the effect
  801  impact on the erosion rates of an existing beach nourishment or
  802  restoration project or of a beach nourishment or restoration
  803  project for which all funding arrangements have been made and
  804  all permits have been issued at the time the application is
  805  submitted. The department shall consider each year there is sand
  806  seaward of the erosion control line whether that no erosion took
  807  place that year. However, the seaward extent of the beach
  808  nourishment or restoration project beyond the erosion control
  809  line may shall not be considered in determining the applicable
  810  erosion rates. Nothing in This subsection does not shall
  811  prohibit the department from requiring structures to meet the
  812  criteria established in subsection (1), subsection (2), or
  813  subsection (4) (5) or to be further landward than required by
  814  this subsection based on the criteria established in subsection
  815  (1), subsection (2), or subsection (4) (5).
  816         (e) The department shall annually report to the Legislature
  817  the status of this program, including any changes to the
  818  previously adopted procedures for determining erosion
  819  projections.
  820         (6)(7) Any coastal structure erected, or excavation
  821  created, in violation of the provisions of this section is
  822  hereby declared to be a public nuisance; and such structure
  823  shall be forthwith removed or such excavation shall be forthwith
  824  refilled after written notice by the department directing such
  825  removal or filling. If In the event the structure is not removed
  826  or the excavation refilled within a reasonable time as directed,
  827  the department may remove such structure or fill such excavation
  828  at its own expense; and the costs thereof shall become a lien on
  829  upon the property of the upland owner upon which the such
  830  unauthorized structure or excavation is located.
  831         (7)(8) Any person, firm, corporation, or agent thereof who
  832  violates this section commits is guilty of a misdemeanor of the
  833  first degree, punishable as provided in s. 775.082 or s.
  834  775.083,; except that a person driving a any vehicle on, over,
  835  or across a any sand dune and damaging or causing to be damaged
  836  such sand dune or the vegetation growing thereon in violation of
  837  this section commits is guilty of a misdemeanor of the second
  838  degree, punishable as provided in s. 775.082 or s. 775.083. A
  839  person, firm, corporation, or agent thereof commits shall be
  840  deemed guilty of a separate offense for each day during any
  841  portion of which a any violation of this section is committed or
  842  continued.
  843         (8)(9)The provisions of This section does do not apply to
  844  structures intended for shore protection purposes which are
  845  regulated by s. 161.041 or to structures existing or under
  846  construction before prior to the establishment of the coastal
  847  construction control line if the as provided herein, provided
  848  such structures are may not be materially altered except as
  849  provided in subsection (4) (5). Except for structures that have
  850  been materially altered, structures determined to be under
  851  construction at the time of the establishment or reestablishment
  852  of the coastal construction control line are shall be exempt
  853  from the provisions of this section. However, unless such an
  854  exemption has been judicially confirmed to exist before prior to
  855  April 10, 1992, the exemption shall last only for a period of 3
  856  years from either the date of the determination of the exemption
  857  or April 10, 1992, whichever occurs later. The department may
  858  extend the exemption period for structures that require longer
  859  periods for completion if of their construction, provided that
  860  construction during the initial exemption period is has been
  861  continuous. For purposes of this subsection, the term
  862  “continuous” means following a reasonable sequence of
  863  construction without significant or unreasonable periods of work
  864  stoppage.
  865         (9)(10) The department may by regulation exempt
  866  specifically described portions of the coastline from the
  867  provisions of this section if, when in its judgment, such
  868  portions of coastline because of their nature are not subject to
  869  erosion of a substantially damaging effect to the public.
  870         (10)(11) Pending the establishment of coastal construction
  871  control lines as provided herein, the provisions of s. 161.052
  872  shall remain in force. However, upon the establishment of
  873  coastal construction control lines, or the establishment of
  874  coastal construction zoning and building codes as provided in
  875  subsection (3) (4), the provisions of s. 161.052 shall be
  876  superseded by the provisions of this section.
  877         (11)(12)(a) The coastal construction control requirements
  878  defined in subsection (1) and the requirements of the erosion
  879  projections in pursuant to subsection (5) (6) do not apply to
  880  any modification, maintenance, or repair of to any existing
  881  structure within the limits of the existing foundation which
  882  does not require, involve, or include any additions to, or
  883  repair or modification of, the existing foundation of that
  884  structure. Specifically excluded from this exemption are
  885  seawalls or other rigid coastal or shore protection structures
  886  and any additions or enclosures added, constructed, or installed
  887  below the first dwelling floor or lowest deck of the existing
  888  structure.
  889         (b) Activities seaward of the coastal construction control
  890  line which are determined by the department not to cause a
  891  measurable interference with the natural functioning of the
  892  coastal system are exempt from the requirements of in subsection
  893  (4) (5).
  894         (c) The department may establish exemptions from the
  895  requirements of this section for minor activities determined by
  896  the department not to have an adverse effect impacts on the
  897  coastal system. Examples of such activities include, but are not
  898  limited to:
  899         1. Boat moorings;
  900         2. Maintenance of existing beach-dune beach/dune
  901  vegetation;
  902         3. The burial of seaweed, dead fish, whales, or other
  903  marine animals on the unvegetated beach;
  904         4. The removal of piers or other derelict structures from
  905  the unvegetated beach or seaward of mean high water;
  906         5. Temporary emergency vehicular access, if the affected
  907  provided any impacted area is immediately restored;
  908         6. The removal of any existing structures or debris from
  909  the upland, if provided there is no excavation or disturbance to
  910  the existing topography or to beach-dune beach/dune vegetation;
  911         7. Construction of a any new roof overhang extending no
  912  more than 4 feet beyond the confines of the existing foundation
  913  during modification, renovation, or reconstruction of a
  914  habitable structure within the confines of the existing
  915  foundation of that structure which does not include any
  916  additions to or modification of the existing foundation of that
  917  structure;
  918         8. Minor and temporary excavation for the purpose of
  919  repairs to existing subgrade residential service utilities
  920  (e.g., water and sewer lines, septic tanks and drainfields,
  921  electrical and telephone cables, and gas lines), if provided
  922  that there is minimal disturbance and the that grade is restored
  923  with fill compatible in both coloration and grain size to the
  924  onsite material and any damaged or destroyed vegetation is
  925  restored using similar vegetation; and
  926         9. Any other minor construction that has an effect with
  927  impacts similar to the above activities.
  928         (12)(13)(a) Notwithstanding the coastal construction
  929  control requirements defined in subsection (1) or the erosion
  930  projection determined pursuant to subsection (5) (6), the
  931  department may, at its discretion, issue a permit for the repair
  932  or rebuilding within the confines of the original foundation of
  933  a major structure pursuant to the provisions of subsection (4)
  934  (5). Alternatively, the department may also, at its discretion,
  935  issue a permit for a more landward relocation or rebuilding of a
  936  damaged or existing structure if such relocation or rebuilding
  937  would not cause further harm to the beach-dune system, and if,
  938  in the case of rebuilding, the such rebuilding complies with the
  939  provisions of subsection (4) (5), and otherwise complies with
  940  the provisions of this subsection.
  941         (b) Under no circumstances shall The department may not
  942  permit such repairs or rebuilding that expands expand the
  943  capacity of the original structure seaward of the 30-year
  944  erosion projection established pursuant to subsection (5) (6).
  945         (c) In reviewing applications for relocation or rebuilding,
  946  the department shall specifically consider changes in shoreline
  947  conditions, the availability of other relocation or rebuilding
  948  options, and the design adequacy of the project sought to be
  949  rebuilt.
  950         (d) Permits issued under this subsection are shall not be
  951  considered precedential as to the issuance of subsequent
  952  permits.
  953         (13)(14) Concurrent with the establishment of a coastal
  954  construction control line and the ongoing administration of this
  955  chapter, the secretary of the department shall make
  956  recommendations to the Board of Trustees of the Internal
  957  Improvement Trust Fund concerning the purchase of the fee or any
  958  lesser interest in any lands seaward of the control line
  959  pursuant to the state’s Save Our Coast, Conservation and
  960  Recreation Lands, or Outdoor Recreation Land acquisition
  961  programs; and, with respect to those control lines established
  962  pursuant to this section before prior to June 14, 1978, the
  963  secretary may make such recommendations.
  964         (14)(15) A coastal county or municipality fronting on the
  965  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
  966  shall advise the department within 5 days after receipt of any
  967  permit application for construction or other activities proposed
  968  to be located seaward of the line established by the department
  969  pursuant to the provisions of this section. Within 5 days after
  970  receipt of such application, the county or municipality shall
  971  notify the applicant of the requirements for state permits.
  972         (15)(16) In keeping with the intent of subsection (3) (4),
  973  and at the discretion of the department, authority for
  974  permitting certain types of activities that which have been
  975  defined by the department may be delegated by the department to
  976  a coastal county or coastal municipality. Such partial
  977  delegation shall be narrowly construed to those particular
  978  activities specifically named in the delegation and agreed to by
  979  the affected county or municipality., and The delegation may be
  980  revoked by the department at any time if it is determined that
  981  the delegation is improperly or inadequately administered.
  982         (16)(17) The department may, at the request of a property
  983  owner, contract with the such property owner for an agreement,
  984  or modify an existing contractual agreement regulating
  985  development activities landward of a coastal construction
  986  control line, if provided that nothing within the contractual
  987  agreement is consistent shall be inconsistent with the design
  988  and siting provisions of this section. In no case shall The
  989  contractual agreement may not bind either party for a period
  990  longer than 5 years following from its date of execution. Before
  991  Prior to beginning a any construction activity covered by the
  992  agreement, the property owner must shall obtain the necessary
  993  authorization required by the agreement. The agreement may shall
  994  not authorize construction for:
  995         (a) Major habitable structures that which would require
  996  construction beyond the expiration of the agreement, unless such
  997  construction is above the completed foundation; or
  998         (b) Nonhabitable major structures or minor structures,
  999  unless such construction is was authorized at the same time as
 1000  the habitable major structure.
 1001         (17)(18) The department may is authorized to grant areawide
 1002  permits to local governments, other governmental agencies, and
 1003  utility companies for special classes of activities in areas
 1004  under their general jurisdiction or responsibility if, so long
 1005  as these activities, due to the type, size, or temporary nature
 1006  of the activity, will not cause measurable interference with the
 1007  natural functioning of the beach-dune beach dune system or with
 1008  marine turtles or their nesting sites. Such activities shall
 1009  include, but are not be limited to: road repairs, not including
 1010  new construction; utility repairs and replacements, or other
 1011  minor activities necessary to provide utility services; beach
 1012  cleaning; and emergency response. The department may adopt rules
 1013  to establish criteria and guidelines for use by permit
 1014  applicants. The department must shall require notice provisions
 1015  appropriate to the type and nature of the activities for which
 1016  the areawide permits are sought.
 1017         (18)(19) The department may is authorized to grant general
 1018  permits for projects, including dune walkovers, decks, fences,
 1019  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1020  repairs, and other nonhabitable structures, if the so long as
 1021  these projects, due to the type, size, or temporary nature of
 1022  the project, will not cause a measurable interference with the
 1023  natural functioning of the beach-dune beach dune system or with
 1024  marine turtles or their nesting sites. In no event shall
 1025  Multifamily habitable structures do not qualify for general
 1026  permits. However, single-family habitable structures that which
 1027  do not advance the line of existing construction and satisfy all
 1028  siting and design requirements of this section may be eligible
 1029  for a general permit pursuant to this subsection. The department
 1030  may adopt rules to establish criteria and guidelines for use by
 1031  permit applicants.
 1032         (a) Persons wishing to use the general permits must set
 1033  forth in this subsection shall, at least 30 days before
 1034  beginning any work, notify the department in writing on forms
 1035  adopted by the department. The notice must shall include a
 1036  description of the proposed project and supporting documents
 1037  depicting the proposed project, its location, and other
 1038  pertinent information as required by rule, to demonstrate that
 1039  the proposed project qualifies for the requested general permit.
 1040  Persons who undertake projects without proof of notice to the
 1041  department, but whose projects would otherwise qualify for
 1042  general permits, shall be considered to have as being undertaken
 1043  a project without a permit and are shall be subject to
 1044  enforcement pursuant to s. 161.121.
 1045         (b) Persons wishing to use a general permit must provide
 1046  notice as required by the applicable local building code where
 1047  the project will be located. If a building code requires no
 1048  notice, any person wishing to use a general permit must, at a
 1049  minimum, post a sign describing the project on the property at
 1050  least 5 days before commencing prior to the commencement of
 1051  construction. The a sign must be at least no smaller than 88
 1052  square inches, with letters no smaller than one-quarter inch,
 1053  describing the project.
 1054         (19)(20)(a) The department may suspend or revoke the use of
 1055  a general or areawide permit for good cause, including:
 1056  submission of false or inaccurate information in the
 1057  notification for use of a general or areawide permit; violation
 1058  of law, department orders, or rules relating to permit
 1059  conditions; deviation from the specified activity or project
 1060  indicated or the conditions for undertaking the activity or
 1061  project; refusal of lawful inspection; or any other act by on
 1062  the permittee permittee’s part in using the general or areawide
 1063  permit which results or may result in harm or injury to human
 1064  health or welfare, or which causes harm or injury to animal,
 1065  plant, or aquatic life or to property.
 1066         (b) The department shall have access to the permitted
 1067  activity or project at reasonable times to inspect and determine
 1068  compliance with the permit and department rules.
 1069         (20)(21) The department may is authorized to adopt rules
 1070  related to the following provisions of this section:
 1071  establishment of coastal construction control lines; activities
 1072  seaward of the coastal construction control line; exemptions;
 1073  property owner agreements; delegation of the program; permitting
 1074  programs; and violations and penalties.
 1075         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1076  the effective date of the Florida Building Code, the provisions
 1077  of this section which pertain to and govern the design,
 1078  construction, erection, alteration, modification, repair, and
 1079  demolition of public and private buildings, structures, and
 1080  facilities shall be incorporated into the Florida Building Code.
 1081  The Florida Building Commission may shall have the authority to
 1082  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1083  administer implement those provisions. This subsection does not
 1084  limit or abrogate the right and authority of the department to
 1085  require permits or to adopt and enforce environmental standards,
 1086  including, but not limited to, standards for ensuring the
 1087  protection of the beach-dune system, proposed or existing
 1088  structures, adjacent properties, marine turtles, native salt
 1089  resistant vegetation, endangered plant communities, and the
 1090  preservation of public beach access.
 1091         Section 40. Subsection (2) of section 161.161, Florida
 1092  Statutes, is amended to read:
 1093         161.161 Procedure for approval of projects.—
 1094         (2) Annually Upon approval of the beach management plan,
 1095  the secretary shall present to the Legislature President of the
 1096  Senate, the Speaker of the House of Representatives, and the
 1097  chairs of the legislative appropriations committees
 1098  recommendations for funding of beach erosion control projects
 1099  prioritized according to the. Such recommendations shall be
 1100  presented to such members of the Legislature in the priority
 1101  order specified in the plan and established pursuant to criteria
 1102  established contained in s. 161.101(14).
 1103         Section 41. Section 163.2526, Florida Statutes, is
 1104  repealed.
 1105         Section 42. Subsection (2) of section 163.3167, Florida
 1106  Statutes, is amended to read:
 1107         163.3167 Scope of act.—
 1108         (2) Each local government shall prepare a comprehensive
 1109  plan of the type and in the manner set out in this part act or
 1110  shall prepare amendments to its existing comprehensive plan to
 1111  conform it to the requirements of this part and in the manner
 1112  set out in this part. Each local government, In accordance with
 1113  the procedures in s. 163.3184, each local government shall
 1114  submit to the state land planning agency its complete proposed
 1115  comprehensive plan or its complete comprehensive plan as
 1116  proposed to be amended to the state land planning agency by the
 1117  date specified in the rule adopted by the state land planning
 1118  agency pursuant to this subsection. The state land planning
 1119  agency shall, prior to October 1, 1987, adopt a schedule of
 1120  local governments required to submit complete proposed
 1121  comprehensive plans or comprehensive plans as proposed to be
 1122  amended. Such schedule shall specify the exact date of
 1123  submission for each local government, shall establish equal,
 1124  staggered submission dates, and shall be consistent with the
 1125  following time periods:
 1126         (a) Beginning on July 1, 1988, and on or before July 1,
 1127  1990, each county that is required to include a coastal
 1128  management element in its comprehensive plan and each
 1129  municipality in such a county; and
 1130         (b) Beginning on July 1, 1989, and on or before July 1,
 1131  1991, all other counties or municipalities.
 1133  Nothing herein shall preclude the state land planning agency
 1134  from permitting by rule a county together with each municipality
 1135  in the county from submitting a proposed comprehensive plan
 1136  earlier than the dates established in paragraphs (a) and (b).
 1137  Any county or municipality that fails to meet the schedule set
 1138  for submission of its proposed comprehensive plan by more than
 1139  90 days shall be subject to the sanctions described in s.
 1140  163.3184(11)(a) imposed by the Administration Commission.
 1141  Notwithstanding the time periods established in this subsection,
 1142  the state land planning agency may establish later deadlines for
 1143  the submission of proposed comprehensive plans or comprehensive
 1144  plans as proposed to be amended for a county or municipality
 1145  which has all or a part of a designated area of critical state
 1146  concern within its boundaries; however, such deadlines shall not
 1147  be extended to a date later than July 1, 1991, or the time of
 1148  de-designation, whichever is earlier.
 1149         Section 43. Paragraph (h) of subsection (6) and paragraph
 1150  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1151  are amended to read:
 1152         163.3177 Required and optional elements of comprehensive
 1153  plan; studies and surveys.—
 1154         (6) In addition to the requirements of subsections (1)-(5)
 1155  and (12), the comprehensive plan shall include the following
 1156  elements:
 1157         (h)1. An intergovernmental coordination element showing
 1158  relationships and stating principles and guidelines to be used
 1159  in coordinating the accomplishment of coordination of the
 1160  adopted comprehensive plan with the plans of school boards,
 1161  regional water supply authorities, and other units of local
 1162  government providing services but not having regulatory
 1163  authority over the use of land, with the comprehensive plans of
 1164  adjacent municipalities, the county, adjacent counties, or the
 1165  region, with the state comprehensive plan and with the
 1166  applicable regional water supply plan approved pursuant to s.
 1167  373.0361, as the case may require and as such adopted plans or
 1168  plans in preparation may exist. This element of the local
 1169  comprehensive plan must shall demonstrate consideration of the
 1170  particular effects of the local plan, when adopted, upon the
 1171  development of adjacent municipalities, the county, adjacent
 1172  counties, or the region, or upon the state comprehensive plan,
 1173  as the case may require.
 1174         a. The intergovernmental coordination element must shall
 1175  provide procedures for identifying and implementing to identify
 1176  and implement joint planning areas, especially for the purpose
 1177  of annexation, municipal incorporation, and joint infrastructure
 1178  service areas.
 1179         b. The intergovernmental coordination element must shall
 1180  provide for recognition of campus master plans prepared pursuant
 1181  to s. 1013.30 and airport master plans under paragraph (k).
 1182         c. The intergovernmental coordination element shall provide
 1183  for a dispute resolution process, as established pursuant to s.
 1184  186.509, for bringing to closure in a timely manner
 1185  intergovernmental disputes to closure in a timely manner.
 1186         d. The intergovernmental coordination element shall provide
 1187  for interlocal agreements as established pursuant to s.
 1188  333.03(1)(b).
 1189         2. The intergovernmental coordination element shall also
 1190  further state principles and guidelines to be used in
 1191  coordinating the accomplishment of coordination of the adopted
 1192  comprehensive plan with the plans of school boards and other
 1193  units of local government providing facilities and services but
 1194  not having regulatory authority over the use of land. In
 1195  addition, the intergovernmental coordination element must shall
 1196  describe joint processes for collaborative planning and
 1197  decisionmaking on population projections and public school
 1198  siting, the location and extension of public facilities subject
 1199  to concurrency, and siting facilities with countywide
 1200  significance, including locally unwanted land uses whose nature
 1201  and identity are established in an agreement. Within 1 year
 1202  after of adopting their intergovernmental coordination elements,
 1203  each county, all the municipalities within that county, the
 1204  district school board, and any unit of local government service
 1205  providers in that county shall establish by interlocal or other
 1206  formal agreement executed by all affected entities, the joint
 1207  processes described in this subparagraph consistent with their
 1208  adopted intergovernmental coordination elements.
 1209         3. To foster coordination between special districts and
 1210  local general-purpose governments as local general-purpose
 1211  governments implement local comprehensive plans, each
 1212  independent special district must submit a public facilities
 1213  report to the appropriate local government as required by s.
 1214  189.415.
 1215         4.a. Local governments shall execute an interlocal
 1216  agreement with the district school board, the county, and
 1217  nonexempt municipalities pursuant to s. 163.31777. The local
 1218  government shall amend the intergovernmental coordination
 1219  element to ensure provide that coordination between the local
 1220  government and school board is pursuant to the agreement and
 1221  shall state the obligations of the local government under the
 1222  agreement.
 1223         b. Plan amendments that comply with this subparagraph are
 1224  exempt from the provisions of s. 163.3187(1).
 1225         5. The state land planning agency shall establish a
 1226  schedule for phased completion and transmittal of plan
 1227  amendments to implement subparagraphs 1., 2., and 3. from all
 1228  jurisdictions so as to accomplish their adoption by December 31,
 1229  1999. A local government may complete and transmit its plan
 1230  amendments to carry out these provisions prior to the scheduled
 1231  date established by the state land planning agency. The plan
 1232  amendments are exempt from the provisions of s. 163.3187(1).
 1233         5.6. By January 1, 2004, any county having a population
 1234  greater than 100,000, and the municipalities and special
 1235  districts within that county, shall submit a report to the
 1236  Department of Community Affairs which identifies:
 1237         a. Identifies All existing or proposed interlocal service
 1238  delivery agreements relating to regarding the following:
 1239  education; sanitary sewer; public safety; solid waste; drainage;
 1240  potable water; parks and recreation; and transportation
 1241  facilities.
 1242         b. Identifies Any deficits or duplication in the provision
 1243  of services within its jurisdiction, whether capital or
 1244  operational. Upon request, the Department of Community Affairs
 1245  shall provide technical assistance to the local governments in
 1246  identifying deficits or duplication.
 1247         6.7. Within 6 months after submission of the report, the
 1248  Department of Community Affairs shall, through the appropriate
 1249  regional planning council, coordinate a meeting of all local
 1250  governments within the regional planning area to discuss the
 1251  reports and potential strategies to remedy any identified
 1252  deficiencies or duplications.
 1253         7.8. Each local government shall update its
 1254  intergovernmental coordination element based upon the findings
 1255  in the report submitted pursuant to subparagraph 5. 6. The
 1256  report may be used as supporting data and analysis for the
 1257  intergovernmental coordination element.
 1258         (10) The Legislature recognizes the importance and
 1259  significance of chapter 9J-5, Florida Administrative Code, the
 1260  Minimum Criteria for Review of Local Government Comprehensive
 1261  Plans and Determination of Compliance of the Department of
 1262  Community Affairs that will be used to determine compliance of
 1263  local comprehensive plans. The Legislature reserved unto itself
 1264  the right to review chapter 9J-5, Florida Administrative Code,
 1265  and to reject, modify, or take no action relative to this rule.
 1266  Therefore, pursuant to subsection (9), the Legislature hereby
 1267  has reviewed chapter 9J-5, Florida Administrative Code, and
 1268  expresses the following legislative intent:
 1269         (k) In order for So that local governments are able to
 1270  prepare and adopt comprehensive plans with knowledge of the
 1271  rules that are will be applied to determine consistency of the
 1272  plans with provisions of this part, it is the intent of the
 1273  Legislature that there should be no doubt as to the legal
 1274  standing of chapter 9J-5, Florida Administrative Code, at the
 1275  close of the 1986 legislative session. Therefore, the
 1276  Legislature declares that changes made to chapter 9J-5 before,
 1277  Florida Administrative Code, prior to October 1, 1986, are shall
 1278  not be subject to rule challenges under s. 120.56(2), or to
 1279  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1280  9J-5, Florida Administrative Code, as amended, is shall be
 1281  subject to rule challenges under s. 120.56(3), as nothing herein
 1282  indicates shall be construed to indicate approval or disapproval
 1283  of any portion of chapter 9J-5, Florida Administrative Code, not
 1284  specifically addressed herein. No challenge pursuant to s.
 1285  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1286  Any amendments to chapter 9J-5, Florida Administrative Code,
 1287  exclusive of the amendments adopted prior to October 1, 1986,
 1288  pursuant to this act, shall be subject to the full chapter 120
 1289  process. All amendments shall have effective dates as provided
 1290  in chapter 120 and submission to the President of the Senate and
 1291  Speaker of the House of Representatives shall not be required.
 1292         Section 44. Subsection (6) of section 163.3178, Florida
 1293  Statutes, is amended to read:
 1294         163.3178 Coastal management.—
 1295         (6) Local governments are encouraged to adopt countywide
 1296  marina siting plans to designate sites for existing and future
 1297  marinas. The Coastal Resources Interagency Management Committee,
 1298  at the direction of the Legislature, shall identify incentives
 1299  to encourage local governments to adopt such siting plans and
 1300  uniform criteria and standards to be used by local governments
 1301  to implement state goals, objectives, and policies relating to
 1302  marina siting. These criteria must ensure that priority is given
 1303  to water-dependent land uses. The Coastal Resources Interagency
 1304  Management Committee shall submit its recommendations regarding
 1305  local government incentives to the Legislature by December 1,
 1306  1993. Countywide marina siting plans must be consistent with
 1307  state and regional environmental planning policies and
 1308  standards. Each local government in the coastal area which
 1309  participates in the adoption of a countywide marina siting plan
 1310  shall incorporate the plan into the coastal management element
 1311  of its local comprehensive plan.
 1312         Section 45. Subsection (12) of section 163.519, Florida
 1313  Statutes, is repealed.
 1314         Section 46. Subsection (9) of section 186.007, Florida
 1315  Statutes, is repealed.
 1316         Section 47. Subsection (5) of section 189.4035, Florida
 1317  Statutes, is amended to read:
 1318         189.4035 Preparation of official list of special
 1319  districts.—
 1320         (5) The official list of special districts shall be
 1321  available on the department’s website distributed by the
 1322  department on October 1 of each year to the President of the
 1323  Senate, the Speaker of the House of Representatives, the Auditor
 1324  General, the Department of Revenue, the Department of Financial
 1325  Services, the Department of Management Services, the State Board
 1326  of Administration, counties, municipalities, county property
 1327  appraisers, tax collectors, and supervisors of elections and to
 1328  all interested parties who request the list.
 1329         Section 48. Subsection (2) of section 189.412, Florida
 1330  Statutes, is amended to read:
 1331         189.412 Special District Information Program; duties and
 1332  responsibilities.—The Special District Information Program of
 1333  the Department of Community Affairs is created and has the
 1334  following special duties:
 1335         (2) The maintenance of a master list of independent and
 1336  dependent special districts which shall be available on the
 1337  department’s website annually updated and distributed to the
 1338  appropriate officials in state and local governments.
 1339         Section 49. Paragraph (b) of subsection (1) of section
 1340  206.606, Florida Statutes, is amended to read:
 1341         206.606 Distribution of certain proceeds.—
 1342         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1343  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1344  Fund. Such moneys, after deducting the service charges imposed
 1345  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1346  administrative costs incurred by the department in collecting,
 1347  administering, enforcing, and distributing the tax, which
 1348  administrative costs may not exceed 2 percent of collections,
 1349  shall be distributed monthly to the State Transportation Trust
 1350  Fund, except that:
 1351         (b) Annually, $2.5 million shall be transferred to the
 1352  State Game Trust Fund in the Fish and Wildlife Conservation
 1353  Commission in each fiscal year and used for recreational boating
 1354  activities, and freshwater fisheries management and research.
 1355  The transfers must be made in equal monthly amounts beginning on
 1356  July 1 of each fiscal year. The commission shall annually
 1357  determine where unmet needs exist for boating-related
 1358  activities, and may fund such activities in counties where, due
 1359  to the number of vessel registrations, sufficient financial
 1360  resources are unavailable.
 1361         1. A minimum of $1.25 million shall be used to fund local
 1362  projects to provide recreational channel marking and other
 1363  uniform waterway markers, public boat ramps, lifts, and hoists,
 1364  marine railways, and other public launching facilities, derelict
 1365  vessel removal, and other local boating-related activities. In
 1366  funding the projects, the commission shall give priority
 1367  consideration to as follows:
 1368         a. Unmet needs in counties having with populations of
 1369  100,000 or fewer less.
 1370         b. Unmet needs in coastal counties having with a high level
 1371  of boating-related activities from individuals residing in other
 1372  counties.
 1373         2. The remaining $1.25 million may be used for recreational
 1374  boating activities and freshwater fisheries management and
 1375  research.
 1376         3. The commission may is authorized to adopt rules pursuant
 1377  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1378  Boating Improvement Program.
 1380  On February 1 of each year, The commission shall prepare and
 1381  make available on its Internet website file an annual report
 1382  with the President of the Senate and the Speaker of the House of
 1383  Representatives outlining the status of its Florida Boating
 1384  Improvement Program, including the projects funded, and a list
 1385  of counties whose needs are unmet due to insufficient financial
 1386  resources from vessel registration fees.
 1387         Section 50. Paragraph (b) of subsection (4) of section
 1388  212.054, Florida Statutes, is amended to read:
 1389         212.054 Discretionary sales surtax; limitations,
 1390  administration, and collection.—
 1391         (4)
 1392         (b) The proceeds of a discretionary sales surtax collected
 1393  by the selling dealer located in a county imposing which imposes
 1394  the surtax shall be returned, less the cost of administration,
 1395  to the county where the selling dealer is located. The proceeds
 1396  shall be transferred to the Discretionary Sales Surtax Clearing
 1397  Trust Fund. A separate account shall be established in the such
 1398  trust fund for each county imposing a discretionary surtax. The
 1399  amount deducted for the costs of administration may shall not
 1400  exceed 3 percent of the total revenue generated for all counties
 1401  levying a surtax authorized in s. 212.055. The amount deducted
 1402  for the costs of administration may shall be used only for those
 1403  costs that which are solely and directly attributable to the
 1404  surtax. The total cost of administration shall be prorated among
 1405  those counties levying the surtax on the basis of the amount
 1406  collected for a particular county to the total amount collected
 1407  for all counties. No later than March 1 of each year, the
 1408  department shall submit a written report which details the
 1409  expenses and amounts deducted for the costs of administration to
 1410  the President of the Senate, the Speaker of the House of
 1411  Representatives, and the governing authority of each county
 1412  levying a surtax. The department shall distribute the moneys in
 1413  the trust fund each month to the appropriate counties each
 1414  month, unless otherwise provided in s. 212.055.
 1415         Section 51. Paragraph (j) of subsection (5) of section
 1416  212.08, Florida Statutes, is amended to read:
 1417         212.08 Sales, rental, use, consumption, distribution, and
 1418  storage tax; specified exemptions.—The sale at retail, the
 1419  rental, the use, the consumption, the distribution, and the
 1420  storage to be used or consumed in this state of the following
 1421  are hereby specifically exempt from the tax imposed by this
 1422  chapter.
 1423         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1424         (j) Machinery and equipment used in semiconductor, defense,
 1425  or space technology production.—
 1426         1.a. Industrial machinery and equipment used in
 1427  semiconductor technology facilities certified under subparagraph
 1428  5. to manufacture, process, compound, or produce semiconductor
 1429  technology products for sale or for use by these facilities are
 1430  exempt from the tax imposed by this chapter. For purposes of
 1431  this paragraph, industrial machinery and equipment includes
 1432  molds, dies, machine tooling, other appurtenances or accessories
 1433  to machinery and equipment, testing equipment, test beds,
 1434  computers, and software, whether purchased or self-fabricated,
 1435  and, if self-fabricated, includes materials and labor for
 1436  design, fabrication, and assembly.
 1437         b. Industrial machinery and equipment used in defense or
 1438  space technology facilities certified under subparagraph 5. to
 1439  design, manufacture, assemble, process, compound, or produce
 1440  defense technology products or space technology products for
 1441  sale or for use by these facilities are exempt from the tax
 1442  imposed by this chapter.
 1443         2. Building materials purchased for use in manufacturing or
 1444  expanding clean rooms in semiconductor-manufacturing facilities
 1445  are exempt from the tax imposed by this chapter.
 1446         3. In addition to meeting the criteria mandated by
 1447  subparagraph 1. or subparagraph 2., a business must be certified
 1448  by the Office of Tourism, Trade, and Economic Development as
 1449  authorized in this paragraph in order to qualify for exemption
 1450  under this paragraph.
 1451         4. For items purchased tax-exempt pursuant to this
 1452  paragraph, possession of a written certification from the
 1453  purchaser, certifying the purchaser’s entitlement to the
 1454  exemption pursuant to this paragraph, relieves the seller of the
 1455  responsibility of collecting the tax on the sale of such items,
 1456  and the department shall look solely to the purchaser for
 1457  recovery of the tax if it determines that the purchaser was not
 1458  entitled to the exemption.
 1459         5.a. To be eligible to receive the exemption provided by
 1460  subparagraph 1. or subparagraph 2., a qualifying business entity
 1461  shall apply initially apply to Enterprise Florida, Inc. The
 1462  original certification is shall be valid for a period of 2
 1463  years. In lieu of submitting a new application, the original
 1464  certification may be renewed biennially by submitting to the
 1465  Office of Tourism, Trade, and Economic Development a statement,
 1466  certified under oath, that there has been no material change in
 1467  the conditions or circumstances entitling the business entity to
 1468  the original certification. The initial application and the
 1469  certification renewal statement shall be developed by the Office
 1470  of Tourism, Trade, and Economic Development in consultation with
 1471  Enterprise Florida, Inc.
 1472         b. Enterprise Florida, Inc., shall review each submitted
 1473  initial application and information and determine whether or not
 1474  the application is complete within 5 working days. Once an
 1475  application is complete, Enterprise Florida, Inc., shall, within
 1476  10 working days, evaluate the application and recommend approval
 1477  or disapproval of the application to the Office of Tourism,
 1478  Trade, and Economic Development.
 1479         c. Upon receipt of the initial application and
 1480  recommendation from Enterprise Florida, Inc., or upon receipt of
 1481  a certification renewal statement, the Office of Tourism, Trade,
 1482  and Economic Development shall certify within 5 working days
 1483  those applicants who are found to meet the requirements of this
 1484  section and notify the applicant, Enterprise Florida, Inc., and
 1485  the department of the original certification or certification
 1486  renewal. If the Office of Tourism, Trade, and Economic
 1487  Development finds that the applicant does not meet the
 1488  requirements of this section, it shall notify the applicant and
 1489  Enterprise Florida, Inc., within 10 working days that the
 1490  application for certification has been denied and the reasons
 1491  for denial. The Office of Tourism, Trade, and Economic
 1492  Development has final approval authority for certification under
 1493  this section.
 1494         d. The initial application and certification renewal
 1495  statement must indicate, for program evaluation purposes only,
 1496  the average number of full-time equivalent employees at the
 1497  facility over the preceding calendar year, the average wage and
 1498  benefits paid to those employees over the preceding calendar
 1499  year, the total investment made in real and tangible personal
 1500  property over the preceding calendar year, and the total value
 1501  of tax-exempt purchases and taxes exempted during the previous
 1502  year. The department shall assist the Office of Tourism, Trade,
 1503  and Economic Development in evaluating and verifying information
 1504  provided in the application for exemption.
 1505         e. The Office of Tourism, Trade, and Economic Development
 1506  may use the information reported on the initial application and
 1507  certification renewal statement for evaluation purposes only and
 1508  shall prepare an annual report on the exemption program and its
 1509  cost and impact. The annual report for the preceding fiscal year
 1510  shall be submitted to the Governor, the President of the Senate,
 1511  and the Speaker of the House of Representatives by September 30
 1512  of each fiscal year.
 1513         6. A business certified to receive this exemption may elect
 1514  to designate one or more state universities or community
 1515  colleges as recipients of up to 100 percent of the amount of the
 1516  exemption for which they may qualify. To receive these funds,
 1517  the institution must agree to match the funds so earned with
 1518  equivalent cash, programs, services, or other in-kind support on
 1519  a one-to-one basis for in the pursuit of research and
 1520  development projects as requested by the certified business. The
 1521  rights to any patents, royalties, or real or intellectual
 1522  property must be vested in the business unless otherwise agreed
 1523  to by the business and the university or community college.
 1524         7. As used in this paragraph, the term:
 1525         a. “Semiconductor technology products” means raw
 1526  semiconductor wafers or semiconductor thin films that are
 1527  transformed into semiconductor memory or logic wafers, including
 1528  wafers containing mixed memory and logic circuits; related
 1529  assembly and test operations; active-matrix flat panel displays;
 1530  semiconductor chips; semiconductor lasers; optoelectronic
 1531  elements; and related semiconductor technology products as
 1532  determined by the Office of Tourism, Trade, and Economic
 1533  Development.
 1534         b. “Clean rooms” means manufacturing facilities enclosed in
 1535  a manner that meets the clean manufacturing requirements
 1536  necessary for high-technology semiconductor-manufacturing
 1537  environments.
 1538         c. “Defense technology products” means products that have a
 1539  military application, including, but not limited to, weapons,
 1540  weapons systems, guidance systems, surveillance systems,
 1541  communications or information systems, munitions, aircraft,
 1542  vessels, or boats, or components thereof, which are intended for
 1543  military use and manufactured in performance of a contract with
 1544  the United States Department of Defense or the military branch
 1545  of a recognized foreign government or a subcontract thereunder
 1546  which relates to matters of national defense.
 1547         d. “Space technology products” means products that are
 1548  specifically designed or manufactured for application in space
 1549  activities, including, but not limited to, space launch
 1550  vehicles, space flight vehicles, missiles, satellites or
 1551  research payloads, avionics, and associated control systems and
 1552  processing systems and components of any of the foregoing. The
 1553  term does not include products that are designed or manufactured
 1554  for general commercial aviation or other uses even though those
 1555  products may also serve an incidental use in space applications.
 1556         Section 52. Section 213.0452, Florida Statutes, is
 1557  repealed.
 1558         Section 53. Section 213.054, Florida Statutes, is repealed.
 1559         Section 54. Subsection (3) of section 215.70, Florida
 1560  Statutes, is amended to read:
 1561         215.70 State Board of Administration to act in case of
 1562  defaults.—
 1563         (3) It shall be the duty of The State Board of
 1564  Administration shall to monitor the debt service accounts for
 1565  bonds issued pursuant to this act. The board shall advise the
 1566  Governor and Legislature of any projected need to appropriate
 1567  funds to honor the pledge of full faith and credit of the state.
 1568  The report must shall include the estimated amount of
 1569  appropriations needed, the estimated maximum amount of
 1570  appropriations needed, and a contingency appropriation request
 1571  for each bond issue.
 1572         Section 55. Paragraph (z) of subsection (1) of section
 1573  216.011, Florida Statutes, is amended to read:
 1574         216.011 Definitions.—
 1575         (1) For the purpose of fiscal affairs of the state,
 1576  appropriations acts, legislative budgets, and approved budgets,
 1577  each of the following terms has the meaning indicated:
 1578         (z) “Long-range program plan” means a plan developed
 1579  pursuant to s. 216.013 on an annual basis by each state agency
 1580  that is policy based, priority driven, accountable, and
 1581  developed through careful examination and justification of all
 1582  programs and their associated costs. Each plan is developed by
 1583  examining the needs of agency customers and clients and
 1584  proposing programs and associated costs to address those needs
 1585  based on state priorities as established by law, the agency
 1586  mission, and legislative authorization. The plan provides the
 1587  framework and context for preparing the legislative budget
 1588  request and includes performance indicators for evaluating the
 1589  impact of programs and agency performance.
 1590         Section 56. Paragraph (c) of subsection (10) of section
 1591  216.181, Florida Statutes, is repealed.
 1592         Section 57. Subsection (5) of section 252.55, Florida
 1593  Statutes, is amended to read:
 1594         252.55 Civil Air Patrol, Florida Wing.—
 1595         (5) The wing commander of the Florida Wing of the Civil Air
 1596  Patrol shall biennially furnish the Bureau of Emergency
 1597  Management a 2-year an annual projection of the goals and
 1598  objectives of the Civil Air Patrol which shall for the following
 1599  year. These will be reported to the Governor in the division’s
 1600  biennial annual report submitted pursuant to s. 252.35 of the
 1601  division on February 1 of each year.
 1602         Section 58. Subsection (1) of section 253.7825, Florida
 1603  Statutes, is amended to read:
 1604         253.7825 Recreational uses.—
 1605         (1) The Cross Florida Greenways State Recreation and
 1606  Conservation Area must be managed as a multiple-use area
 1607  pursuant to s. 253.034(2)(a), and as further provided in this
 1608  section herein. The University of Florida Management Plan
 1609  provides a conceptual recreational plan that may ultimately be
 1610  developed at various locations throughout the greenways
 1611  corridor. The plan proposes to locate a number of the larger,
 1612  more comprehensive and complex recreational facilities in
 1613  sensitive, natural resource areas. Future site-specific studies
 1614  and investigations must be conducted by the department to
 1615  determine compatibility with, and potential for adverse impact
 1616  to, existing natural resources, need for the facility, the
 1617  availability of other alternative locations with reduced adverse
 1618  impacts to existing natural resources, and the proper specific
 1619  sites and locations for the more comprehensive and complex
 1620  facilities. Furthermore, it is appropriate, with the approval of
 1621  the department, to allow more fishing docks, boat launches, and
 1622  other user-oriented facilities to be developed and maintained by
 1623  local governments.
 1624         Section 59. Section 253.7826, Florida Statutes, is
 1625  repealed.
 1626         Section 60. Section 253.7829, Florida Statutes, is
 1627  repealed.
 1628         Section 61. Subsection (4) of section 259.037, Florida
 1629  Statutes, is amended to read:
 1630         259.037 Land Management Uniform Accounting Council.—
 1631         (4) The council shall provide a report of the agencies’
 1632  expenditures pursuant to the adopted categories to the President
 1633  of the Senate and the Speaker of the House of Representatives
 1634  annually, beginning July 1, 2001. The council shall also provide
 1635  this report to the Acquisition and Restoration Council and the
 1636  division for inclusion in its annual report required pursuant to
 1637  s. 259.036.
 1638         Section 62. Subsection (4) of section 267.074, Florida
 1639  Statutes, is repealed.
 1640         Section 63. Subsection (3) of section 284.50, Florida
 1641  Statutes, is repealed.
 1642         Section 64. Subsection (11) of section 287.045, Florida
 1643  Statutes, is repealed.
 1644         Section 65. Section 288.1185, Florida Statutes, is
 1645  repealed.
 1646         Section 66. Paragraph (e) of subsection (8) of section
 1647  288.1229, Florida Statutes, is amended to read:
 1648         288.1229 Promotion and development of sports-related
 1649  industries and amateur athletics; direct-support organization;
 1650  powers and duties.—
 1651         (8) To promote amateur sports and physical fitness, the
 1652  direct-support organization shall:
 1653         (e) Promote Florida as a host for national and
 1654  international amateur athletic competitions. As part of this
 1655  effort, the direct-support organization shall:
 1656         1. Assist and support Florida cities or communities bidding
 1657  or seeking to host the Summer Olympics or Pan American Games.
 1658         2. Annually report to the Governor, the President of the
 1659  Senate, and the Speaker of the House of Representatives on the
 1660  status of the efforts of cities or communities bidding to host
 1661  the Summer Olympics or Pan American Games, including, but not
 1662  limited to, current financial and infrastructure status,
 1663  projected financial and infrastructure needs, and
 1664  recommendations for satisfying the unmet needs and fulfilling
 1665  the requirements for a successful bid in any year that the
 1666  Summer Olympics or Pan American Games are held in this state.
 1667         Section 67. Subsection (4) of section 288.7015, Florida
 1668  Statutes, is repealed.
 1669         Section 68. Section 288.7771, Florida Statutes, is amended
 1670  to read:
 1671         288.7771 Annual report of Florida Export Finance
 1672  Corporation.—By March 31 of each year, The corporation shall
 1673  annually prepare and submit to Enterprise Florida, Inc., for
 1674  inclusion in its annual report required by s. 288.095 the
 1675  Governor, the President of the Senate, the Speaker of the House
 1676  of Representatives, the Senate Minority Leader, and the House
 1677  Minority Leader a complete and detailed report setting forth:
 1678         (1) The report required in s. 288.776(3).
 1679         (2) Its assets and liabilities at the end of its most
 1680  recent fiscal year.
 1681         Section 69. Subsections (8), (10), and (11) of section
 1682  288.8175, Florida Statutes, are repealed.
 1683         Section 70. Subsection (5) of section 288.853, Florida
 1684  Statutes, is repealed.
 1685         Section 71. Paragraph (l) of subsection (1) of section
 1686  288.904, Florida Statutes, is amended to read:
 1687         288.904 Powers of the board of directors of Enterprise
 1688  Florida, Inc.—
 1689         (1) The board of directors of Enterprise Florida, Inc.,
 1690  shall have the power to:
 1691         (l) Create and dissolve advisory committees, working
 1692  groups, task forces, or similar organizations, as necessary to
 1693  carry out the mission of Enterprise Florida, Inc. By August 1,
 1694  1999, Enterprise Florida, Inc., shall establish an advisory
 1695  committee on international business issues, and an advisory
 1696  committee on small business issues. These committees shall be
 1697  comprised of individuals representing the private sector and the
 1698  public sector with expertise in the respective subject areas.
 1699  The purpose of the committees shall be to guide and advise
 1700  Enterprise Florida, Inc., on the development and implementation
 1701  of policies, strategies, programs, and activities affecting
 1702  international business and small business. The advisory
 1703  committee on international business and the advisory committee
 1704  on small business shall meet at the call of the chairperson or
 1705  vice chairperson of the board of directors of Enterprise
 1706  Florida, Inc., but shall meet at least quarterly. Meetings of
 1707  the advisory committee on international business and the
 1708  advisory committee on small business may be held telephonically;
 1709  however, meetings of the committees that are held in person
 1710  shall be rotated at different locations around the state to
 1711  ensure participation of local and regional economic development
 1712  practitioners and other members of the public. Members of
 1713  advisory committees, working groups, task forces, or similar
 1714  organizations created by Enterprise Florida, Inc., shall serve
 1715  without compensation, but may be reimbursed for reasonable,
 1716  necessary, and actual expenses, as determined by the board of
 1717  directors of Enterprise Florida, Inc.
 1718         Section 72. Subsection (5) of section 288.95155, Florida
 1719  Statutes, is amended to read:
 1720         288.95155 Florida Small Business Technology Growth
 1721  Program.—
 1722         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1723  shall prepare and include in its annual report required by s.
 1724  288.095 a report on the financial status of the program and the
 1725  account and shall submit a copy of the report to the board of
 1726  directors of Enterprise Florida, Inc., the appropriate
 1727  legislative committees responsible for economic development
 1728  oversight, and the appropriate legislative appropriations
 1729  subcommittees. The report must shall specify the assets and
 1730  liabilities of the program account within the current fiscal
 1731  year and must shall include a portfolio update that lists all of
 1732  the businesses assisted, the private dollars leveraged by each
 1733  business assisted, and the growth in sales and in employment of
 1734  each business assisted.
 1735         Section 73. Paragraph (c) of subsection (4) of section
 1736  288.9604, Florida Statutes, is amended to read:
 1737         288.9604 Creation of the authority.—
 1738         (4)
 1739         (c) The directors of the corporation shall annually elect
 1740  one of their members as chair and one as vice chair. The
 1741  corporation may employ a president, technical experts, and such
 1742  other agents and employees, permanent and temporary, as it
 1743  requires and determine their qualifications, duties, and
 1744  compensation. For such legal services as it requires, the
 1745  corporation may employ or retain its own counsel and legal
 1746  staff. The corporation shall file with the governing body of
 1747  each public agency with which it has entered into an interlocal
 1748  agreement and with the Governor, the Speaker of the House of
 1749  Representatives, the President of the Senate, the Minority
 1750  Leaders of the Senate and House of Representatives, and the
 1751  Auditor General, on or before 90 days after the close of the
 1752  fiscal year of the corporation, a report of its activities for
 1753  the preceding fiscal year, which report shall include a complete
 1754  financial statement setting forth its assets, liabilities,
 1755  income, and operating expenses as of the end of such fiscal
 1756  year.
 1757         Section 74. Section 288.9610, Florida Statutes, is amended
 1758  to read:
 1759         288.9610 Annual reports of Florida Development Finance
 1760  Corporation.—On or before 90 days after the close of By December
 1761  1 of each year, the Florida Development Finance Corporation’s
 1762  fiscal year, the corporation shall submit to the Governor, the
 1763  Legislature President of the Senate, the Speaker of the House of
 1764  Representatives, the Senate Minority Leader, the House Minority
 1765  Leader, the Auditor General, and the governing body of each
 1766  public entity with which it has entered into an interlocal
 1767  agreement city or county activating the Florida Development
 1768  Finance Corporation a complete and detailed report setting
 1769  forth:
 1770         (1) The results of any audit conducted pursuant to s. 11.45
 1771  evaluation required in s. 11.45(3)(j).
 1772         (2) The activities, operations, and accomplishments of the
 1773  Florida Development Finance Corporation, including the number of
 1774  businesses assisted by the corporation.
 1775         (3) Its assets, and liabilities, income, and operating
 1776  expenses at the end of its most recent fiscal year, including a
 1777  description of all of its outstanding revenue bonds.
 1778         Section 75. Subsection (6) of section 292.05, Florida
 1779  Statutes, is amended to read:
 1780         292.05 Duties of Department of Veterans’ Affairs.—
 1781         (6) The department shall, by on December 31 of each year,
 1782  submit make an annual written report to the Governor, the
 1783  Cabinet, and the Legislature which describes: of the state, the
 1784  Speaker of the House of Representatives, and the President of
 1785  the Senate, which report shall show
 1786         (a) The expenses incurred in veteran service work in the
 1787  state; the number, nature, and kind of cases handled by the
 1788  department and by county and city veteran service officers of
 1789  the state; the amounts of benefits obtained for veterans; the
 1790  names and addresses of all certified veteran service officers,
 1791  including county and city veteran service officers. The report
 1792  must shall also describe the actions taken by the department in
 1793  implementing subsections (4), (5), and (7) and include shall
 1794  contain such other information and recommendations as may appear
 1795  to the department requires to be right and proper.
 1796         (b)The current status of the department’s domiciliary and
 1797  nursing homes established pursuant to chapter 296, including all
 1798  receipts and expenditures, the condition of the homes, the
 1799  number of residents received and discharged during the preceding
 1800  year, occupancy rates, staffing, and any other information
 1801  necessary to provide an understanding of the management,
 1802  conduct, and operation of the homes.
 1803         Section 76. Section 296.16, Florida Statutes, is repealed.
 1804         Section 77. Section 296.39, Florida Statutes, is repealed.
 1805         Section 78. Paragraph (c) of subsection (12) of section
 1806  315.03, Florida Statutes, is repealed.
 1807         Section 79. Subsection (2) of section 319.324, Florida
 1808  Statutes, is amended to read:
 1809         319.324 Odometer fraud prevention and detection; funding.—
 1810         (2) Moneys deposited into the Highway Safety Operating
 1811  Trust Fund under this section shall be used to implement and
 1812  maintain efforts by the department to prevent and detect
 1813  odometer fraud, including the prompt investigation of alleged
 1814  instances of odometer mileage discrepancies reported by licensed
 1815  motor vehicle dealers, auctions, or purchasers of motor
 1816  vehicles. Such moneys shall also be used to fund an annual
 1817  report to the Legislature by the Department of Highway Safety
 1818  and Motor Vehicles, summarizing the department’s investigations
 1819  and findings. In addition, moneys deposited into the fund may be
 1820  used by the department for general operations.
 1821         Section 80. Section 322.181, Florida Statutes, is repealed.
 1822         Section 81. Paragraph (c) of subsection (7) of section
 1823  322.251, Florida Statutes, is repealed.
 1824         Section 82. Section 373.0391, Florida Statutes, is amended
 1825  to read:
 1826         373.0391 Technical assistance to local governments.—
 1827         (1) The water management districts shall assist local
 1828  governments in the development and future revision of local
 1829  government comprehensive plan elements or public facilities
 1830  report as required by s. 189.415, related to water resource
 1831  issues.
 1832         (2) By July 1, 1991, each water management district shall
 1833  prepare and provide information and data to assist local
 1834  governments in the preparation and implementation of their local
 1835  government comprehensive plans or public facilities report as
 1836  required by s. 189.415, whichever is applicable. Such
 1837  information and data shall include, but not be limited to:
 1838         (a) All information and data required in a public
 1839  facilities report pursuant to s. 189.415.
 1840         (b) A description of regulations, programs, and schedules
 1841  implemented by the district.
 1842         (c) Identification of regulations, programs, and schedules
 1843  undertaken or proposed by the district to further the State
 1844  Comprehensive Plan.
 1845         (d) A description of surface water basins, including
 1846  regulatory jurisdictions, flood-prone areas, existing and
 1847  projected water quality in water management district operated
 1848  facilities, as well as surface water runoff characteristics and
 1849  topography regarding flood plains, wetlands, and recharge areas.
 1850         (e) A description of groundwater characteristics, including
 1851  existing and planned wellfield sites, existing and anticipated
 1852  cones of influence, highly productive groundwater areas, aquifer
 1853  recharge areas, deep well injection zones, contaminated areas,
 1854  an assessment of regional water resource needs and sources for
 1855  the next 20 years, and water quality.
 1856         (f) The identification of existing and potential water
 1857  management district land acquisitions.
 1858         (g) Information reflecting the minimum flows for surface
 1859  watercourses to avoid harm to water resources or the ecosystem
 1860  and information reflecting the minimum water levels for aquifers
 1861  to avoid harm to water resources or the ecosystem.
 1862         Section 83. Subsection (4) of section 373.046, Florida
 1863  Statutes, is amended to read:
 1864         373.046 Interagency agreements.—
 1865         (4) The Legislature recognizes and affirms the division of
 1866  responsibilities between the department and the water management
 1867  districts as set forth in ss. III. and X. of each of the
 1868  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 1869  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 1870  operating agreement regarding individual permit oversight is
 1871  rescinded. The department is shall be responsible for permitting
 1872  those activities under part IV of this chapter which, because of
 1873  their complexity and magnitude, need to be economically and
 1874  efficiently evaluated at the state level, including, but not
 1875  limited to, mining, hazardous waste management facilities, and
 1876  solid waste management facilities that do not qualify for a
 1877  general permit under chapter 403. With regard to
 1878  postcertification information submittals for activities
 1879  authorized under chapters 341 and 403 siting act certifications,
 1880  the department, after consultation with the appropriate water
 1881  management district and other agencies having applicable
 1882  regulatory jurisdiction, shall determine be responsible for
 1883  determining the permittee’s compliance with conditions of
 1884  certification which are were based upon the nonprocedural
 1885  requirements of part IV of this chapter. The Legislature
 1886  authorizes The water management districts and the department may
 1887  to modify the division of responsibilities referenced in this
 1888  section and enter into further interagency agreements by
 1889  rulemaking, including incorporation by reference, pursuant to
 1890  chapter 120, to provide for greater efficiency and to avoid
 1891  duplication in the administration of part IV of this chapter by
 1892  designating certain activities that which will be regulated by
 1893  either the water management districts or the department. In
 1894  developing such interagency agreements, the water management
 1895  districts and the department shall consider should take into
 1896  consideration the technical and fiscal ability of each water
 1897  management district to implement all or some of the provisions
 1898  of part IV of this chapter. This subsection does not rescind or
 1899  restrict Nothing herein rescinds or restricts the authority of
 1900  the districts to regulate silviculture and agriculture pursuant
 1901  to part IV of this chapter or s. 403.927. By December 10, 1993,
 1902  the secretary of the department shall submit a report to the
 1903  President of the Senate and the Speaker of the House of
 1904  Representatives regarding the efficiency of the procedures and
 1905  the division of responsibilities contemplated by this subsection
 1906  and regarding progress toward the execution of further
 1907  interagency agreements and the integration of permitting with
 1908  sovereignty lands approval. The report also will consider the
 1909  feasibility of improving the protection of the environment
 1910  through comprehensive criteria for protection of natural
 1911  systems.
 1912         Section 84. Subsection (14) of section 376.121, Florida
 1913  Statutes, is repealed.
 1914         Section 85. Section 376.17, Florida Statutes, is repealed.
 1915         Section 86. Subsection (5) of section 376.30713, Florida
 1916  Statutes, is repealed.
 1917         Section 87. Subsection (2) of section 379.2211, Florida
 1918  Statutes, is amended to read:
 1919         379.2211 Florida waterfowl permit revenues.—
 1920         (2) The intent of this section is to expand waterfowl
 1921  research and management and increase waterfowl populations in
 1922  the state without detracting from other programs. The commission
 1923  shall prepare and make available on its Internet website an
 1924  annual report documenting the use of funds generated under the
 1925  provisions of this section, to be submitted to the Governor, the
 1926  Speaker of the House of Representatives, and the President of
 1927  the Senate on or before September 1 of each year.
 1928         Section 88. Subsection (2) of section 379.2212, Florida
 1929  Statutes, is amended to read:
 1930         379.2212 Florida wild turkey permit revenues.—
 1931         (2) The intent of this section is to expand wild turkey
 1932  research and management and to increase wild turkey populations
 1933  in the state without detracting from other programs. The
 1934  commission shall prepare and make available on its Internet
 1935  website an annual report documenting the use of funds generated
 1936  under the provisions of this section, to be submitted to the
 1937  Governor, the Speaker of the House of Representatives, and the
 1938  President of the Senate on or before September 1 of each year.
 1939         Section 89. Subsection (8) of section 379.2523, Florida
 1940  Statutes, is repealed.
 1941         Section 90. Paragraph (a) of subsection (2) of section
 1942  380.06, Florida Statutes, is amended to read:
 1943         380.06 Developments of regional impact.—
 1945         (a) The state land planning agency shall recommend to the
 1946  Administration Commission specific statewide guidelines and
 1947  standards for adoption pursuant to this subsection. The
 1948  Administration Commission shall by rule adopt statewide
 1949  guidelines and standards to be used in determining whether
 1950  particular developments shall undergo development-of-regional
 1951  impact review. The statewide guidelines and standards previously
 1952  adopted by the Administration Commission and approved by the
 1953  Legislature shall remain in effect unless revised pursuant to
 1954  this section or superseded by other provisions of law. Revisions
 1955  to the present statewide guidelines and standards, after
 1956  adoption by the Administration Commission, shall be transmitted
 1957  on or before March 1 to the President of the Senate and the
 1958  Speaker of the House of Representatives for presentation at the
 1959  next regular session of the Legislature. Unless approved by law
 1960  by the Legislature, the revisions to the present guidelines and
 1961  standards shall not become effective.
 1962         Section 91. Subsection (3) of section 380.0677, Florida
 1963  Statutes, is repealed.
 1964         Section 92. Subsection (3) of section 381.0011, Florida
 1965  Statutes, is repealed.
 1966         Section 93. Section 381.0036, Florida Statutes, is
 1967  repealed.
 1968         Section 94. Section 381.731, Florida Statutes, is repealed.
 1969         Section 95. Section 381.795, Florida Statutes, is amended
 1970  to read:
 1971         381.795 Long-term community-based supports.—The department
 1972  shall, contingent upon specific appropriations for these
 1973  purposes, establish:
 1974         (1) Study the long-term needs for community-based supports
 1975  and services for individuals who have sustained traumatic brain
 1976  or spinal cord injuries. The purpose of this study is to prevent
 1977  inappropriate residential and institutional placement of these
 1978  individuals, and promote placement in the most cost effective
 1979  and least restrictive environment. Any placement recommendations
 1980  for these individuals shall ensure full utilization of and
 1981  collaboration with other state agencies, programs, and community
 1982  partners. This study shall be submitted to the Governor, the
 1983  President of the Senate, and the Speaker of the House of
 1984  Representatives not later than December 31, 2000.
 1985         (2) Based upon the results of this study, establish a plan
 1986  for the implementation of a program of long-term community-based
 1987  supports and services for individuals who have sustained
 1988  traumatic brain or spinal cord injuries and who may be subject
 1989  to inappropriate residential and institutional placement as a
 1990  direct result of such injuries.
 1991         (1)(a) The program shall be payor of last resort for
 1992  program services, and expenditures for such services shall be
 1993  considered funded services for purposes of s. 381.785; however,
 1994  notwithstanding s. 381.79(5), proceeds resulting from this
 1995  subsection shall be used solely for this program.
 1996         (2)(b) The department shall adopt create, by rule,
 1997  procedures to ensure, that if in the event the program is unable
 1998  to directly or indirectly provide such services to all eligible
 1999  individuals due to lack of funds, those individuals most at risk
 2000  of suffering to suffer the greatest harm from an imminent
 2001  inappropriate residential or institutional placement are served
 2002  first.
 2003         (3)(c) Every applicant or recipient of the long-term
 2004  community-based supports and services program must shall have
 2005  been a resident of the state for 1 year immediately preceding
 2006  application and be a resident of the state at the time of
 2007  application.
 2008         (4)(d) The department shall adopt rules pursuant to ss.
 2009  120.536(1) and 120.54 to administer implement the provision of
 2010  this section subsection.
 2011         Section 96. Section 381.931, Florida Statutes, is amended
 2012  to read:
 2013         381.931 Annual report on Medicaid expenditures.—The
 2014  Department of Health and the Agency for Health Care
 2015  Administration shall monitor the total Medicaid expenditures for
 2016  services made under this act. If Medicaid expenditures are
 2017  projected to exceed the amount appropriated by the Legislature,
 2018  the Department of Health shall limit the number of screenings to
 2019  ensure Medicaid expenditures do not exceed the amount
 2020  appropriated. The Department of Health, in cooperation with the
 2021  Agency for Health Care Administration, shall prepare an annual
 2022  report that must include the number of women screened; the
 2023  percentage of positive and negative outcomes; the number of
 2024  referrals to Medicaid and other providers for treatment
 2025  services; the estimated number of women who are not screened or
 2026  not served by Medicaid due to funding limitations, if any; the
 2027  cost of Medicaid treatment services; and the estimated cost of
 2028  treatment services for women who were not screened or referred
 2029  for treatment due to funding limitations. The report shall be
 2030  submitted to the President of the Senate, the Speaker of the
 2031  House of Representatives, and the Executive Office of the
 2032  Governor by March 1 of each year.
 2033         Section 97. Subsection (6) of section 383.19, Florida
 2034  Statutes, is amended to read:
 2035         383.19 Standards; funding; ineligibility.—
 2036         (6) Each hospital that which contracts with the department
 2037  to provide services under the terms of ss. 383.15-383.21 shall
 2038  prepare and submit to the department an annual report that
 2039  includes, but is not limited to, the number of clients served
 2040  and the costs of services in the center. The department shall
 2041  annually conduct a programmatic and financial evaluation of each
 2042  center.
 2043         Section 98. Section 383.21, Florida Statutes, is repealed.
 2044         Section 99. Section 383.2161, Florida Statutes, is amended
 2045  to read:
 2046         383.2161 Maternal and child health report.—The Department
 2047  of Health annually shall annually compile and analyze the risk
 2048  information collected by the Office of Vital Statistics and the
 2049  district prenatal and infant care coalitions and shall maintain
 2050  county and statewide data on prepare and submit to the
 2051  Legislature by January 2 a report that includes, but is not
 2052  limited to:
 2053         (1) The number of families identified as families at
 2054  potential risk;
 2055         (2) The number of families receiving that receive family
 2056  outreach services;
 2057         (3) The increase in demand for services; and
 2058         (4) The unmet need for services for identified target
 2059  groups.
 2060         Section 100. Subsection (4) of section 394.4573, Florida
 2061  Statutes, is repealed.
 2062         Section 101. Subsection (1) of section 394.4985, Florida
 2063  Statutes, is amended to read:
 2064         394.4985 Districtwide information and referral network;
 2065  implementation.—
 2066         (1) Each service district of the Department of Children and
 2067  Family Services shall develop a detailed implementation plan for
 2068  a districtwide comprehensive child and adolescent mental health
 2069  information and referral network to be operational by July 1,
 2070  1999. The plan must include an operating budget that
 2071  demonstrates cost efficiencies and identifies funding sources
 2072  for the district information and referral network. The plan must
 2073  be submitted by the department to the Legislature by October 1,
 2074  1998. The district shall use existing district information and
 2075  referral providers if, in the development of the plan, it is
 2076  concluded that these providers would deliver information and
 2077  referral services in a more efficient and effective manner when
 2078  compared to other alternatives. The district information and
 2079  referral network must include:
 2080         (a) A resource file that contains information about the
 2081  child and adolescent mental health services as described in s.
 2082  394.495, including, but not limited to:
 2083         1. Type of program;
 2084         2. Hours of service;
 2085         3. Ages of persons served;
 2086         4. Program description;
 2087         5. Eligibility requirements; and
 2088         6. Fees.
 2089         (b) Information about private providers and professionals
 2090  in the community who which serve children and adolescents with
 2091  an emotional disturbance.
 2092         (c) A system to document requests for services which that
 2093  are received through the network referral process, including,
 2094  but not limited to:
 2095         1. Number of calls by type of service requested;
 2096         2. Ages of the children and adolescents for whom services
 2097  are requested; and
 2098         3. Type of referral made by the network.
 2099         (d) The ability to share client information with the
 2100  appropriate community agencies.
 2101         (e) The submission of an annual report to the department,
 2102  the Agency for Health Care Administration, and appropriate local
 2103  government entities, which contains information about the
 2104  sources and frequency of requests for information, types and
 2105  frequency of services requested, and types and frequency of
 2106  referrals made.
 2107         Section 102. Section 394.82, Florida Statutes, is repealed.
 2108         Section 103. Section 394.9083, Florida Statutes, is
 2109  repealed.
 2110         Section 104. Paragraph (c) of subsection (2) of section
 2111  395.807, Florida Statutes, is repealed.
 2112         Section 105. Subsection (3) of section 397.332, Florida
 2113  Statutes, is repealed.
 2114         Section 106. Subsection (1) of section 397.94, Florida
 2115  Statutes, is repealed.
 2116         Section 107. Subsection (2) of section 400.148, Florida
 2117  Statutes, is repealed.
 2118         Section 108. Paragraph (a) of subsection (2) of section
 2119  400.967, Florida Statutes, is amended to read:
 2120         400.967 Rules and classification of deficiencies.—
 2121         (2) Pursuant to the intention of the Legislature, the
 2122  agency, in consultation with the Agency for Persons with
 2123  Disabilities and the Department of Elderly Affairs, shall adopt
 2124  and enforce rules to administer this part and part II of chapter
 2125  408, which shall include reasonable and fair criteria governing:
 2126         (a) The location and construction of the facility;
 2127  including fire and life safety, plumbing, heating, cooling,
 2128  lighting, ventilation, and other housing conditions that will
 2129  ensure the health, safety, and comfort of residents. The agency
 2130  shall establish standards for facilities and equipment to
 2131  increase the extent to which new facilities and a new wing or
 2132  floor added to an existing facility after July 1, 2000, are
 2133  structurally capable of serving as shelters only for residents,
 2134  staff, and families of residents and staff, and equipped to be
 2135  self-supporting during and immediately following disasters. The
 2136  Agency for Health Care Administration shall work with facilities
 2137  licensed under this part and report to the Governor and the
 2138  Legislature by April 1, 2000, its recommendations for cost
 2139  effective renovation standards to be applied to existing
 2140  facilities. In making such rules, the agency shall be guided by
 2141  criteria recommended by nationally recognized, reputable
 2142  professional groups and associations having knowledge concerning
 2143  such subject matters. The agency shall update or revise the such
 2144  criteria as the need arises. All facilities must comply with
 2145  those lifesafety code requirements and building code standards
 2146  applicable at the time of approval of their construction plans.
 2147  The agency may require alterations to a building if it
 2148  determines that an existing condition constitutes a distinct
 2149  hazard to life, health, or safety. The agency shall adopt fair
 2150  and reasonable rules setting forth conditions under which
 2151  existing facilities undergoing additions, alterations,
 2152  conversions, renovations, or repairs are required to comply with
 2153  the most recent updated or revised standards.
 2154         Section 109. Subsection (3) of section 402.3016, Florida
 2155  Statutes, is repealed.
 2156         Section 110. Subsection (9) of section 402.40, Florida
 2157  Statutes, is repealed.
 2158         Section 111. Subsection (1) of section 403.4131, Florida
 2159  Statutes, is amended to read:
 2160         403.4131 Litter control.—
 2161         (1) The Department of Transportation shall establish an
 2162  “adopt-a-highway” program to allow local organizations to be
 2163  identified with specific highway cleanup and highway
 2164  beautification projects authorized under s. 339.2405. The
 2165  department shall report to the Governor and the Legislature on
 2166  the progress achieved and the savings incurred by the “adopt-a
 2167  highway” program. The department shall also monitor and report
 2168  on compliance with the provisions of the adopt-a-highway program
 2169  to ensure that organizations participating that participate in
 2170  the program comply with the goals identified by the department.
 2171         Section 112. Paragraph (d) of subsection (2) of section
 2172  403.706, Florida Statutes, is repealed.
 2173         Section 113. Paragraph (a) of subsection (4) of section
 2174  406.02, Florida Statutes, is repealed.
 2175         Section 114. Paragraph (g) of subsection (1) of section
 2176  408.033, Florida Statutes, is amended to read:
 2177         408.033 Local and state health planning.—
 2178         (1) LOCAL HEALTH COUNCILS.—
 2179         (g) Each local health council may is authorized to accept
 2180  and receive, in furtherance of its health planning functions,
 2181  funds, grants, and services from governmental agencies and from
 2182  private or civic sources and to perform studies related to local
 2183  health planning in exchange for such funds, grants, or services.
 2184  Each local health council shall, no later than January 30 of
 2185  each year, render an accounting of the receipt and disbursement
 2186  of such funds received by it to the Department of Health. The
 2187  department shall consolidate all such reports and submit such
 2188  consolidated report to the Legislature no later than March 1 of
 2189  each year.
 2190         Section 115. Subsection (4) of section 408.914, Florida
 2191  Statutes, is repealed.
 2192         Section 116. Paragraph (i) of subsection (3) of section
 2193  408.915, Florida Statutes, is repealed.
 2194         Section 117. Section 408.917, Florida Statutes, is
 2195  repealed.
 2196         Section 118. Paragraph (b) of subsection (7) of section
 2197  409.1451, Florida Statutes, is amended to read:
 2198         409.1451 Independent living transition services.—
 2200  Secretary of Children and Family Services shall establish the
 2201  Independent Living Services Advisory Council for the purpose of
 2202  reviewing and making recommendations concerning the
 2203  implementation and operation of the independent living
 2204  transition services. This advisory council shall continue to
 2205  function as specified in this subsection until the Legislature
 2206  determines that the advisory council can no longer provide a
 2207  valuable contribution to the department’s efforts to achieve the
 2208  goals of the independent living transition services.
 2209         (b) The advisory council shall report to the secretary
 2210  appropriate substantive committees of the Senate and the House
 2211  of Representatives on the status of the implementation of the
 2212  system of independent living transition services; efforts to
 2213  publicize the availability of aftercare support services, the
 2214  Road-to-Independence Program, and transitional support services;
 2215  the success of the services; problems identified;
 2216  recommendations for department or legislative action; and the
 2217  department’s implementation of the recommendations contained in
 2218  the Independent Living Services Integration Workgroup Report
 2219  submitted to the appropriate Senate and the House substantive
 2220  committees of the Legislature by December 31, 2002. The
 2221  department shall submit a report by December 31 of each year to
 2222  the Governor and the Legislature This advisory council report
 2223  shall be submitted by December 31 of each year that the council
 2224  is in existence and shall be accompanied by a report from the
 2225  department which includes a summary of the factors reported on
 2226  by the council and identifies the recommendations of the
 2227  advisory council and either describes the department’s actions
 2228  to implement the these recommendations or provides the
 2229  department’s rationale for not implementing the recommendations.
 2230         Section 119. Section 409.152, Florida Statutes, is
 2231  repealed.
 2232         Section 120. Subsections (1) and (2) of section 409.1679,
 2233  Florida Statutes, are repealed.
 2234         Section 121. Section 409.1685, Florida Statutes, is amended
 2235  to read:
 2236         409.1685 Children in foster care; annual report to
 2237  Legislature.—The Department of Children and Family Services
 2238  shall submit a written report to the Governor and substantive
 2239  committees of the Legislature concerning the status of children
 2240  in foster care and concerning the judicial review mandated by
 2241  part X of chapter 39. The This report shall be submitted by May
 2242  March 1 of each year and must shall include the following
 2243  information for the prior calendar year:
 2244         (1) The number of 6-month and annual judicial reviews
 2245  completed during that period.
 2246         (2) The number of children in foster care returned to a
 2247  parent, guardian, or relative as a result of a 6-month or annual
 2248  judicial review hearing during that period.
 2249         (3) The number of termination of parental rights
 2250  proceedings instituted during that period, including which shall
 2251  include:
 2252         (a) The number of termination of parental rights
 2253  proceedings initiated pursuant to former s. 39.703; and
 2254         (b) The total number of terminations of parental rights
 2255  ordered.
 2256         (4) The number of foster care children placed for adoption
 2257  during that period.
 2258         Section 122. Paragraph (k) of subsection (4) of section
 2259  409.221, Florida Statutes, is repealed.
 2260         Section 123. Paragraph (a) of subsection (3) of section
 2261  409.25575, Florida Statutes, is amended to read:
 2262         409.25575 Support enforcement; privatization.—
 2263         (3)(a) The department shall establish a quality assurance
 2264  program for the privatization of services. The quality assurance
 2265  program must include standards for each specific component of
 2266  these services. The department shall establish minimum
 2267  thresholds for each component. Each program operated pursuant to
 2268  contract must be evaluated annually by the department or by an
 2269  objective competent entity designated by the department under
 2270  the provisions of the quality assurance program. The evaluation
 2271  must be financed from cost savings associated with the
 2272  privatization of services. The department shall submit an annual
 2273  report regarding quality performance, outcome measure
 2274  attainment, and cost efficiency to the President of the Senate,
 2275  the Speaker of the House of Representatives, the Minority leader
 2276  of each house of the Legislature, and the Governor no later than
 2277  January 31 of each year, beginning in 1999. The quality
 2278  assurance program must be financed through administrative
 2279  savings generated by this act.
 2280         Section 124. Subsection (9) of section 409.2558, Florida
 2281  Statutes, is amended to read:
 2282         409.2558 Support distribution and disbursement.—
 2283         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2284  administer this section. The department shall provide a draft of
 2285  the proposed concepts for the rule for the undistributable
 2286  collections to interested parties for review and recommendations
 2287  prior to full development of the rule and initiating the formal
 2288  rule-development process. The department shall consider but is
 2289  not required to implement the recommendations. The department
 2290  shall provide a report to the President of the Senate and the
 2291  Speaker of the House of Representatives containing the
 2292  recommendations received from interested parties and the
 2293  department’s response regarding incorporating the
 2294  recommendations into the rule.
 2295         Section 125. Subsection (3) of section 409.441, Florida
 2296  Statutes, is repealed.
 2297         Section 126. Subsection (24) of section 409.906, Florida
 2298  Statutes, is amended to read:
 2299         409.906 Optional Medicaid services.—Subject to specific
 2300  appropriations, the agency may make payments for services which
 2301  are optional to the state under Title XIX of the Social Security
 2302  Act and are furnished by Medicaid providers to recipients who
 2303  are determined to be eligible on the dates on which the services
 2304  were provided. Any optional service that is provided shall be
 2305  provided only when medically necessary and in accordance with
 2306  state and federal law. Optional services rendered by providers
 2307  in mobile units to Medicaid recipients may be restricted or
 2308  prohibited by the agency. Nothing in this section shall be
 2309  construed to prevent or limit the agency from adjusting fees,
 2310  reimbursement rates, lengths of stay, number of visits, or
 2311  number of services, or making any other adjustments necessary to
 2312  comply with the availability of moneys and any limitations or
 2313  directions provided for in the General Appropriations Act or
 2314  chapter 216. If necessary to safeguard the state’s systems of
 2315  providing services to elderly and disabled persons and subject
 2316  to the notice and review provisions of s. 216.177, the Governor
 2317  may direct the Agency for Health Care Administration to amend
 2318  the Medicaid state plan to delete the optional Medicaid service
 2319  known as “Intermediate Care Facilities for the Developmentally
 2320  Disabled.” Optional services may include:
 2321         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2322  Health Care Administration, in consultation with the Department
 2323  of Children and Family Services, may establish a targeted case
 2324  management project in those counties identified by the
 2325  Department of Children and Family Services and for all counties
 2326  with a community-based child welfare project, as authorized
 2327  under s. 409.1671, which have been specifically approved by the
 2328  department. Results of targeted case management projects shall
 2329  be reported to the Social Services Estimating Conference
 2330  established under s. 216.136. The covered group of individuals
 2331  who are eligible to receive targeted case management include
 2332  children who are eligible for Medicaid; who are between the ages
 2333  of birth through 21; and who are under protective supervision or
 2334  postplacement supervision, under foster-care supervision, or in
 2335  shelter care or foster care. The number of individuals who are
 2336  eligible to receive targeted case management is shall be limited
 2337  to the number for whom the Department of Children and Family
 2338  Services has available matching funds to cover the costs. The
 2339  general revenue funds required to match the funds for services
 2340  provided by the community-based child welfare projects are
 2341  limited to funds available for services described under s.
 2342  409.1671. The Department of Children and Family Services may
 2343  transfer the general revenue matching funds as billed by the
 2344  Agency for Health Care Administration.
 2345         Section 127. Subsections (29) and (44), and paragraph (c)
 2346  of subsection (49) of section 409.912, Florida Statutes, are
 2347  amended to read:
 2348         409.912 Cost-effective purchasing of health care.—The
 2349  agency shall purchase goods and services for Medicaid recipients
 2350  in the most cost-effective manner consistent with the delivery
 2351  of quality medical care. To ensure that medical services are
 2352  effectively utilized, the agency may, in any case, require a
 2353  confirmation or second physician’s opinion of the correct
 2354  diagnosis for purposes of authorizing future services under the
 2355  Medicaid program. This section does not restrict access to
 2356  emergency services or poststabilization care services as defined
 2357  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2358  shall be rendered in a manner approved by the agency. The agency
 2359  shall maximize the use of prepaid per capita and prepaid
 2360  aggregate fixed-sum basis services when appropriate and other
 2361  alternative service delivery and reimbursement methodologies,
 2362  including competitive bidding pursuant to s. 287.057, designed
 2363  to facilitate the cost-effective purchase of a case-managed
 2364  continuum of care. The agency shall also require providers to
 2365  minimize the exposure of recipients to the need for acute
 2366  inpatient, custodial, and other institutional care and the
 2367  inappropriate or unnecessary use of high-cost services. The
 2368  agency shall contract with a vendor to monitor and evaluate the
 2369  clinical practice patterns of providers in order to identify
 2370  trends that are outside the normal practice patterns of a
 2371  provider’s professional peers or the national guidelines of a
 2372  provider’s professional association. The vendor must be able to
 2373  provide information and counseling to a provider whose practice
 2374  patterns are outside the norms, in consultation with the agency,
 2375  to improve patient care and reduce inappropriate utilization.
 2376  The agency may mandate prior authorization, drug therapy
 2377  management, or disease management participation for certain
 2378  populations of Medicaid beneficiaries, certain drug classes, or
 2379  particular drugs to prevent fraud, abuse, overuse, and possible
 2380  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2381  Committee shall make recommendations to the agency on drugs for
 2382  which prior authorization is required. The agency shall inform
 2383  the Pharmaceutical and Therapeutics Committee of its decisions
 2384  regarding drugs subject to prior authorization. The agency is
 2385  authorized to limit the entities it contracts with or enrolls as
 2386  Medicaid providers by developing a provider network through
 2387  provider credentialing. The agency may competitively bid single
 2388  source-provider contracts if procurement of goods or services
 2389  results in demonstrated cost savings to the state without
 2390  limiting access to care. The agency may limit its network based
 2391  on the assessment of beneficiary access to care, provider
 2392  availability, provider quality standards, time and distance
 2393  standards for access to care, the cultural competence of the
 2394  provider network, demographic characteristics of Medicaid
 2395  beneficiaries, practice and provider-to-beneficiary standards,
 2396  appointment wait times, beneficiary use of services, provider
 2397  turnover, provider profiling, provider licensure history,
 2398  previous program integrity investigations and findings, peer
 2399  review, provider Medicaid policy and billing compliance records,
 2400  clinical and medical record audits, and other factors. Providers
 2401  shall not be entitled to enrollment in the Medicaid provider
 2402  network. The agency shall determine instances in which allowing
 2403  Medicaid beneficiaries to purchase durable medical equipment and
 2404  other goods is less expensive to the Medicaid program than long
 2405  term rental of the equipment or goods. The agency may establish
 2406  rules to facilitate purchases in lieu of long-term rentals in
 2407  order to protect against fraud and abuse in the Medicaid program
 2408  as defined in s. 409.913. The agency may seek federal waivers
 2409  necessary to administer these policies.
 2410         (29) The agency shall perform enrollments and
 2411  disenrollments for Medicaid recipients who are eligible for
 2412  MediPass or managed care plans. Notwithstanding the prohibition
 2413  contained in paragraph (21)(f), managed care plans may perform
 2414  preenrollments of Medicaid recipients under the supervision of
 2415  the agency or its agents. For the purposes of this section, the
 2416  term “preenrollment” means the provision of marketing and
 2417  educational materials to a Medicaid recipient and assistance in
 2418  completing the application forms, but does shall not include
 2419  actual enrollment into a managed care plan. An application for
 2420  enrollment may shall not be deemed complete until the agency or
 2421  its agent verifies that the recipient made an informed,
 2422  voluntary choice. The agency, in cooperation with the Department
 2423  of Children and Family Services, may test new marketing
 2424  initiatives to inform Medicaid recipients about their managed
 2425  care options at selected sites. The agency shall report to the
 2426  Legislature on the effectiveness of such initiatives. The agency
 2427  may contract with a third party to perform managed care plan and
 2428  MediPass enrollment and disenrollment services for Medicaid
 2429  recipients and may is authorized to adopt rules to administer
 2430  implement such services. The agency may adjust the capitation
 2431  rate only to cover the costs of a third-party enrollment and
 2432  disenrollment contract, and for agency supervision and
 2433  management of the managed care plan enrollment and disenrollment
 2434  contract.
 2435         (44) The Agency for Health Care Administration shall ensure
 2436  that any Medicaid managed care plan as defined in s.
 2437  409.9122(2)(f), whether paid on a capitated basis or a shared
 2438  savings basis, is cost-effective. For purposes of this
 2439  subsection, the term “cost-effective” means that a network’s
 2440  per-member, per-month costs to the state, including, but not
 2441  limited to, fee-for-service costs, administrative costs, and
 2442  case-management fees, if any, must be no greater than the
 2443  state’s costs associated with contracts for Medicaid services
 2444  established under subsection (3), which may be adjusted for
 2445  health status. The agency shall conduct actuarially sound
 2446  adjustments for health status in order to ensure such cost
 2447  effectiveness and shall annually publish the results on its
 2448  Internet website and submit the results annually to the
 2449  Governor, the President of the Senate, and the Speaker of the
 2450  House of Representatives no later than December 31 of each year.
 2451  Contracts established pursuant to this subsection which are not
 2452  cost-effective may not be renewed.
 2453         (49) The agency shall contract with established minority
 2454  physician networks that provide services to historically
 2455  underserved minority patients. The networks must provide cost
 2456  effective Medicaid services, comply with the requirements to be
 2457  a MediPass provider, and provide their primary care physicians
 2458  with access to data and other management tools necessary to
 2459  assist them in ensuring the appropriate use of services,
 2460  including inpatient hospital services and pharmaceuticals.
 2461         (c) For purposes of this subsection, the term “cost
 2462  effective” means that a network’s per-member, per-month costs to
 2463  the state, including, but not limited to, fee-for-service costs,
 2464  administrative costs, and case-management fees, if any, must be
 2465  no greater than the state’s costs associated with contracts for
 2466  Medicaid services established under subsection (3), which shall
 2467  be actuarially adjusted for case mix, model, and service area.
 2468  The agency shall conduct actuarially sound audits adjusted for
 2469  case mix and model in order to ensure such cost-effectiveness
 2470  and shall annually publish the audit results on its Internet
 2471  website and submit the audit results annually to the Governor,
 2472  the President of the Senate, and the Speaker of the House of
 2473  Representatives no later than December 31. Contracts established
 2474  pursuant to this subsection which are not cost-effective may not
 2475  be renewed.
 2476         Section 128. Section 410.0245, Florida Statutes, is
 2477  repealed.
 2478         Section 129. Subsection (10) of section 410.604, Florida
 2479  Statutes, is repealed.
 2480         Section 130. Paragraph (d) of subsection (5) of section
 2481  411.0102, Florida Statutes, is amended to read:
 2482         411.0102 Child Care Executive Partnership Act; findings and
 2483  intent; grant; limitation; rules.—
 2484         (5)
 2485         (d) Each early learning coalition shall be required to
 2486  establish a community child care task force for each child care
 2487  purchasing pool. The task force must be composed of employers,
 2488  parents, private child care providers, and one representative
 2489  from the local children’s services council, if one exists in the
 2490  area of the purchasing pool. The early learning coalition is
 2491  expected to recruit the task force members from existing child
 2492  care councils, commissions, or task forces already operating in
 2493  the area of a purchasing pool. A majority of the task force
 2494  shall consist of employers. Each task force shall develop a plan
 2495  for the use of child care purchasing pool funds. The plan must
 2496  show how many children will be served by the purchasing pool,
 2497  how many will be new to receiving child care services, and how
 2498  the early learning coalition intends to attract new employers
 2499  and their employees to the program.
 2500         Section 131. Section 411.221, Florida Statutes, is
 2501  repealed.
 2502         Section 132. Section 411.242, Florida Statutes, is
 2503  repealed.
 2504         Section 133. Section 414.14, Florida Statutes, is amended
 2505  to read:
 2506         414.14 Public assistance policy simplification.—To the
 2507  extent possible, the department shall align the requirements for
 2508  eligibility under this chapter with the food stamp program and
 2509  medical assistance eligibility policies and procedures to
 2510  simplify the budgeting process and reduce errors. If the
 2511  department determines that s. 414.075, relating to resources, or
 2512  s. 414.085, relating to income, is inconsistent with related
 2513  provisions of federal law governing which govern the food stamp
 2514  program or medical assistance, and that conformance to federal
 2515  law would simplify administration of the WAGES Program or reduce
 2516  errors without materially increasing the cost of the program to
 2517  the state, the secretary of the department may propose a change
 2518  in the resource or income requirements of the program by rule.
 2519  The secretary shall provide written notice to the President of
 2520  the Senate, the Speaker of the House of Representatives, and the
 2521  chairpersons of the relevant committees of both houses of the
 2522  Legislature summarizing the proposed modifications to be made by
 2523  rule and changes necessary to conform state law to federal law.
 2524  The proposed rule shall take effect 14 days after written notice
 2525  is given unless the President of the Senate or the Speaker of
 2526  the House of Representatives advises the secretary that the
 2527  proposed rule exceeds the delegated authority of the
 2528  Legislature.
 2529         Section 134. Subsection (1) of section 414.36, Florida
 2530  Statutes, is repealed.
 2531         Section 135. Subsection (3) of section 414.391, Florida
 2532  Statutes, is repealed.
 2533         Section 136. Subsection (6) of section 415.1045, Florida
 2534  Statutes, is amended to read:
 2535         415.1045 Photographs, videotapes, and medical examinations;
 2536  abrogation of privileged communications; confidential records
 2537  and documents.—
 2538         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 2539  shall enter into working agreements with the jurisdictionally
 2540  responsible county sheriff’s sheriffs’ office or local police
 2541  department that will be the lead agency for when conducting any
 2542  criminal investigation arising from an allegation of abuse,
 2543  neglect, or exploitation of a vulnerable adult. The working
 2544  agreement must specify how the requirements of this chapter will
 2545  be met. The Office of Program Policy Analysis and Government
 2546  Accountability shall conduct a review of the efficacy of the
 2547  agreements and report its findings to the Legislature by March
 2548  1, 2005. For the purposes of such agreement, the
 2549  jurisdictionally responsible law enforcement entity may is
 2550  authorized to share Florida criminal history and local criminal
 2551  history information that is not otherwise exempt from s.
 2552  119.07(1) with the district personnel. A law enforcement entity
 2553  entering into such agreement must comply with s. 943.0525.
 2554  Criminal justice information provided by the such law
 2555  enforcement entity may shall be used only for the purposes
 2556  specified in the agreement and shall be provided at no charge.
 2557  Notwithstanding any other provision of law, the Department of
 2558  Law Enforcement shall provide to the department electronic
 2559  access to Florida criminal justice information that which is
 2560  lawfully available and not exempt from s. 119.07(1), only for
 2561  the purpose of protective investigations and emergency
 2562  placement. As a condition of access to the such information, the
 2563  department shall be required to execute an appropriate user
 2564  agreement addressing the access, use, dissemination, and
 2565  destruction of such information and to comply with all
 2566  applicable laws and rules of the Department of Law Enforcement.
 2567         Section 137. Subsection (9) of section 420.622, Florida
 2568  Statutes, is amended to read:
 2569         420.622 State Office on Homelessness; Council on
 2570  Homelessness.—
 2571         (9) The council shall, by June 30 of each year, beginning
 2572  in 2010, provide issue to the Governor, the Legislature
 2573  President of the Senate, the Speaker of the House of
 2574  Representatives, and the Secretary of Children and Family
 2575  Services an evaluation of the executive director’s performance
 2576  in fulfilling the statutory duties of the office, a report
 2577  summarizing the extent of homelessness in the state and the
 2578  council’s recommendations to the office and the corresponding
 2579  actions taken by the office, and any recommendations to the
 2580  Legislature for reducing proposals to reduce homelessness in
 2581  this state.
 2582         Section 138. Subsection (4) of section 420.623, Florida
 2583  Statutes, is repealed.
 2584         Section 139. Subsection (9) of section 427.704, Florida
 2585  Statutes, is amended to read:
 2586         427.704 Powers and duties of the commission.—
 2587         (9) The commission shall prepare provide to the President
 2588  of the Senate and to the Speaker of the House of Representatives
 2589  an annual report on the operation of the telecommunications
 2590  access system which shall be available on the commission’s
 2591  Internet website. The first report shall be provided no later
 2592  than January 1, 1992, and successive reports shall be provided
 2593  by January 1 of each year thereafter. Reports must shall be
 2594  prepared in consultation with the administrator and the advisory
 2595  committee appointed pursuant to s. 427.706. The reports must
 2596  shall, at a minimum, briefly outline the status of developments
 2597  in of the telecommunications access system, the number of
 2598  persons served, the call volume, revenues and expenditures, the
 2599  allocation of the revenues and expenditures between provision of
 2600  specialized telecommunications devices to individuals and
 2601  operation of statewide relay service, other major policy or
 2602  operational issues, and proposals for improvements or changes to
 2603  the telecommunications access system.
 2604         Section 140. Subsection (2) of section 427.706, Florida
 2605  Statutes, is amended to read:
 2606         427.706 Advisory committee.—
 2607         (2) The advisory committee shall provide the expertise,
 2608  experience, and perspective of persons who are hearing impaired
 2609  or speech impaired to the commission and to the administrator
 2610  during all phases of the development and operation of the
 2611  telecommunications access system. The advisory committee shall
 2612  advise the commission and the administrator on any matter
 2613  relating to the quality and cost-effectiveness of the
 2614  telecommunications relay service and the specialized
 2615  telecommunications devices distribution system. The advisory
 2616  committee may submit material for inclusion in the annual report
 2617  prepared pursuant to s. 427.704 to the President of the Senate
 2618  and the Speaker of the House of Representatives.
 2619         Section 141. Paragraph (b) of subsection (3) of section
 2620  429.07, Florida Statutes, is amended to read:
 2621         429.07 License required; fee.—
 2622         (3) In addition to the requirements of s. 408.806, each
 2623  license granted by the agency must state the type of care for
 2624  which the license is granted. Licenses shall be issued for one
 2625  or more of the following categories of care: standard, extended
 2626  congregate care, limited nursing services, or limited mental
 2627  health.
 2628         (b) An extended congregate care license shall be issued to
 2629  facilities providing, directly or through contract, services
 2630  beyond those authorized in paragraph (a), including services
 2631  performed by persons licensed under acts performed pursuant to
 2632  part I of chapter 464 by persons licensed thereunder, and
 2633  supportive services, as defined by rule, to persons who would
 2634  otherwise would be disqualified from continued residence in a
 2635  facility licensed under this part.
 2636         1. In order for extended congregate care services to be
 2637  provided in a facility licensed under this part, the agency must
 2638  first determine that all requirements established in law and
 2639  rule are met and must specifically designate, on the facility’s
 2640  license, that such services may be provided and whether the
 2641  designation applies to all or part of the a facility. Such
 2642  designation may be made at the time of initial licensure or
 2643  relicensure, or upon request in writing by a licensee under this
 2644  part and part II of chapter 408. The notification of approval or
 2645  the denial of the such request shall be made in accordance with
 2646  part II of chapter 408. Existing facilities qualifying to
 2647  provide extended congregate care services must have maintained a
 2648  standard license and may not have been subject to administrative
 2649  sanctions during the previous 2 years, or since initial
 2650  licensure if the facility has been licensed for less than 2
 2651  years, for any of the following reasons:
 2652         a. A class I or class II violation;
 2653         b. Three or more repeat or recurring class III violations
 2654  of identical or similar resident care standards as specified in
 2655  rule from which a pattern of noncompliance is found by the
 2656  agency;
 2657         c. Three or more class III violations that were not
 2658  corrected in accordance with the corrective action plan approved
 2659  by the agency;
 2660         d. Violation of resident care standards which results in
 2661  requiring the facility resulting in a requirement to employ the
 2662  services of a consultant pharmacist or consultant dietitian;
 2663         e. Denial, suspension, or revocation of a license for
 2664  another facility licensed under this part in which the applicant
 2665  for an extended congregate care license has at least 25 percent
 2666  ownership interest; or
 2667         f. Imposition of a moratorium pursuant to this part or part
 2668  II of chapter 408 or initiation of injunctive proceedings.
 2669         2. A facility that is Facilities that are licensed to
 2670  provide extended congregate care services shall maintain a
 2671  written progress report on each person who receives such
 2672  services, which report describes the type, amount, duration,
 2673  scope, and outcome of services that are rendered and the general
 2674  status of the resident’s health. A registered nurse, or
 2675  appropriate designee, representing the agency shall visit the
 2676  facility such facilities at least quarterly to monitor residents
 2677  who are receiving extended congregate care services and to
 2678  determine if the facility is in compliance with this part, part
 2679  II of chapter 408, and relevant rules that relate to extended
 2680  congregate care. One of the these visits may be in conjunction
 2681  with the regular survey. The monitoring visits may be provided
 2682  through contractual arrangements with appropriate community
 2683  agencies. A registered nurse shall serve as part of the team
 2684  that inspects the such facility. The agency may waive one of the
 2685  required yearly monitoring visits for a facility that has been
 2686  licensed for at least 24 months to provide extended congregate
 2687  care services, if, during the inspection, the registered nurse
 2688  determines that extended congregate care services are being
 2689  provided appropriately, and if the facility has no class I or
 2690  class II violations and no uncorrected class III violations.
 2691  Before such decision is made, The agency must first shall
 2692  consult with the long-term care ombudsman council for the area
 2693  in which the facility is located to determine if any complaints
 2694  have been made and substantiated about the quality of services
 2695  or care. The agency may not waive one of the required yearly
 2696  monitoring visits if complaints have been made and
 2697  substantiated.
 2698         3. A facility Facilities that is are licensed to provide
 2699  extended congregate care services must shall:
 2700         a. Demonstrate the capability to meet unanticipated
 2701  resident service needs.
 2702         b. Offer a physical environment that promotes a homelike
 2703  setting, provides for resident privacy, promotes resident
 2704  independence, and allows sufficient congregate space as defined
 2705  by rule.
 2706         c. Have sufficient staff available, taking into account the
 2707  physical plant and firesafety features of the building, to
 2708  assist with the evacuation of residents in an emergency, as
 2709  necessary.
 2710         d. Adopt and follow policies and procedures that maximize
 2711  resident independence, dignity, choice, and decisionmaking to
 2712  permit residents to age in place to the extent possible, so that
 2713  moves due to changes in functional status are minimized or
 2714  avoided.
 2715         e. Allow residents or, if applicable, a resident’s
 2716  representative, designee, surrogate, guardian, or attorney in
 2717  fact to make a variety of personal choices, participate in
 2718  developing service plans, and share responsibility in
 2719  decisionmaking.
 2720         f. Implement the concept of managed risk.
 2721         g. Provide, either directly or through contract, the
 2722  services of a person licensed under pursuant to part I of
 2723  chapter 464.
 2724         h. In addition to the training mandated in s. 429.52,
 2725  provide specialized training as defined by rule for facility
 2726  staff.
 2727         4. A facility that is Facilities licensed to provide
 2728  extended congregate care services is are exempt from the
 2729  criteria for continued residency as set forth in rules adopted
 2730  under s. 429.41. A licensed facility must Facilities so licensed
 2731  shall adopt its their own requirements within guidelines for
 2732  continued residency set forth by rule. However, the facility
 2733  such facilities may not serve residents who require 24-hour
 2734  nursing supervision. A licensed facility that provides
 2735  Facilities licensed to provide extended congregate care services
 2736  must also shall provide each resident with a written copy of
 2737  facility policies governing admission and retention.
 2738         5. The primary purpose of extended congregate care services
 2739  is to allow residents, as they become more impaired, the option
 2740  of remaining in a familiar setting from which they would
 2741  otherwise be disqualified for continued residency. A facility
 2742  licensed to provide extended congregate care services may also
 2743  admit an individual who exceeds the admission criteria for a
 2744  facility with a standard license, if the individual is
 2745  determined appropriate for admission to the extended congregate
 2746  care facility.
 2747         6. Before the admission of an individual to a facility
 2748  licensed to provide extended congregate care services, the
 2749  individual must undergo a medical examination as provided in s.
 2750  429.26(4) and the facility must develop a preliminary service
 2751  plan for the individual.
 2752         7. When a facility can no longer provide or arrange for
 2753  services in accordance with the resident’s service plan and
 2754  needs and the facility’s policy, the facility shall make
 2755  arrangements for relocating the person in accordance with s.
 2756  429.28(1)(k).
 2757         8. Failure to provide extended congregate care services may
 2758  result in denial of extended congregate care license renewal.
 2759         9. No later than January 1 of each year, the department, in
 2760  consultation with the agency, shall prepare and submit to the
 2761  Governor, the President of the Senate, the Speaker of the House
 2762  of Representatives, and the chairs of appropriate legislative
 2763  committees, a report on the status of, and recommendations
 2764  related to, extended congregate care services. The status report
 2765  must include, but need not be limited to, the following
 2766  information:
 2767         a. A description of the facilities licensed to provide such
 2768  services, including total number of beds licensed under this
 2769  part.
 2770         b. The number and characteristics of residents receiving
 2771  such services.
 2772         c. The types of services rendered that could not be
 2773  provided through a standard license.
 2774         d. An analysis of deficiencies cited during licensure
 2775  inspections.
 2776         e. The number of residents who required extended congregate
 2777  care services at admission and the source of admission.
 2778         f. Recommendations for statutory or regulatory changes.
 2779         g. The availability of extended congregate care to state
 2780  clients residing in facilities licensed under this part and in
 2781  need of additional services, and recommendations for
 2782  appropriations to subsidize extended congregate care services
 2783  for such persons.
 2784         h. Such other information as the department considers
 2785  appropriate.
 2786         Section 142. Subsection (5) of section 429.41, Florida
 2787  Statutes, is amended to read:
 2788         429.41 Rules establishing standards.—
 2789         (5) The agency may use an abbreviated biennial standard
 2790  licensure inspection that consists of a review of key quality
 2791  of-care standards in lieu of a full inspection in a facility
 2792  that has facilities which have a good record of past
 2793  performance. However, a full inspection must shall be conducted
 2794  in a facility that has facilities which have had a history of
 2795  class I or class II violations, uncorrected class III
 2796  violations, confirmed ombudsman council complaints, or confirmed
 2797  licensure complaints, within the previous licensure period
 2798  immediately preceding the inspection or if when a potentially
 2799  serious problem is identified during the abbreviated inspection.
 2800  The agency, in consultation with the department, shall develop
 2801  the key quality-of-care standards with input from the State
 2802  Long-Term Care Ombudsman Council and representatives of provider
 2803  groups for incorporation into its rules. The department, in
 2804  consultation with the agency, shall report annually to the
 2805  Legislature concerning its implementation of this subsection.
 2806  The report shall include, at a minimum, the key quality-of-care
 2807  standards which have been developed; the number of facilities
 2808  identified as being eligible for the abbreviated inspection; the
 2809  number of facilities which have received the abbreviated
 2810  inspection and, of those, the number that were converted to full
 2811  inspection; the number and type of subsequent complaints
 2812  received by the agency or department on facilities which have
 2813  had abbreviated inspections; any recommendations for
 2814  modification to this subsection; any plans by the agency to
 2815  modify its implementation of this subsection; and any other
 2816  information which the department believes should be reported.
 2817         Section 143. Subsections (3) through (17) of section
 2818  430.04, Florida Statutes, are amended to read:
 2819         430.04 Duties and responsibilities of the Department of
 2820  Elderly Affairs.—The Department of Elderly Affairs shall:
 2821         (3) Prepare and submit to the Governor, each Cabinet
 2822  member, the President of the Senate, the Speaker of the House of
 2823  Representatives, the minority leaders of the House and Senate,
 2824  and chairpersons of appropriate House and Senate committees a
 2825  master plan for policies and programs in the state related to
 2826  aging. The plan must identify and assess the needs of the
 2827  elderly population in the areas of housing, employment,
 2828  education and training, medical care, long-term care, preventive
 2829  care, protective services, social services, mental health,
 2830  transportation, and long-term care insurance, and other areas
 2831  considered appropriate by the department. The plan must assess
 2832  the needs of particular subgroups of the population and evaluate
 2833  the capacity of existing programs, both public and private and
 2834  in state and local agencies, to respond effectively to
 2835  identified needs. If the plan recommends the transfer of any
 2836  program or service from the Department of Children and Family
 2837  Services to another state department, the plan must also include
 2838  recommendations that provide for an independent third-party
 2839  mechanism, as currently exists in the Florida advocacy councils
 2840  established in ss. 402.165 and 402.166, for protecting the
 2841  constitutional and human rights of recipients of departmental
 2842  services. The plan must include policy goals and program
 2843  strategies designed to respond efficiently to current and
 2844  projected needs. The plan must also include policy goals and
 2845  program strategies to promote intergenerational relationships
 2846  and activities. Public hearings and other appropriate processes
 2847  shall be utilized by the department to solicit input for the
 2848  development and updating of the master plan from parties
 2849  including, but not limited to, the following:
 2850         (a) Elderly citizens and their families and caregivers.
 2851         (b) Local-level public and private service providers,
 2852  advocacy organizations, and other organizations relating to the
 2853  elderly.
 2854         (c) Local governments.
 2855         (d) All state agencies that provide services to the
 2856  elderly.
 2857         (e) University centers on aging.
 2858         (f) Area agency on aging and community care for the elderly
 2859  lead agencies.
 2860         (3)(4) Serve as an information clearinghouse at the state
 2861  level, and assist local-level information and referral resources
 2862  as a repository and means for the dissemination of information
 2863  regarding all federal, state, and local resources for assistance
 2864  to the elderly in the areas of, but not limited to, health,
 2865  social welfare, long-term care, protective services, consumer
 2866  protection, education and training, housing, employment,
 2867  recreation, transportation, insurance, and retirement.
 2868         (4)(5) Recommend guidelines for the development of roles
 2869  for state agencies that provide services for the aging, review
 2870  plans of agencies that provide such services, and relay the
 2871  these plans to the Governor and the Legislature, each Cabinet
 2872  member, the President of the Senate, the Speaker of the House of
 2873  Representatives, the minority leaders of the House and Senate,
 2874  and chairpersons of appropriate House and Senate committees.
 2875         (5)(6) Recommend to the Governor and the Legislature, each
 2876  Cabinet member, the President of the Senate, the Speaker of the
 2877  House of Representatives, the minority leaders of the House and
 2878  Senate, and chairpersons of appropriate House and Senate
 2879  committees an organizational framework for the planning,
 2880  coordination, implementation, and evaluation of programs related
 2881  to aging, with the purpose of expanding and improving programs
 2882  and opportunities available to the state’s elderly population
 2883  and enhancing a continuum of long-term care. This framework must
 2884  ensure assure that:
 2885         (a) Performance objectives are established.
 2886         (b) Program reviews are conducted statewide.
 2887         (c) Each major program related to aging is reviewed every 3
 2888  years.
 2889         (d) Agency budget requests reflect the results and
 2890  recommendations of such program reviews.
 2891         (d)(e) Program decisions reinforce lead to the distinctive
 2892  roles established for state agencies that provide aging
 2893  services.
 2894         (6)(7) Advise the Governor and the Legislature, each
 2895  Cabinet member, the President of the Senate, the Speaker of the
 2896  House of Representatives, the minority leaders of the House and
 2897  Senate, and the chairpersons of appropriate House and Senate
 2898  committees regarding the need for and location of programs
 2899  related to aging.
 2900         (7)(8) Review and coordinate aging research plans of all
 2901  state agencies to ensure that the conformance of research
 2902  objectives address to issues and needs of the state’s elderly
 2903  population addressed in the master plan for policies and
 2904  programs related to aging. The research activities that must be
 2905  reviewed and coordinated by the department include, but are not
 2906  limited to, contracts with academic institutions, development of
 2907  educational and training curriculums, Alzheimer’s disease and
 2908  other medical research, studies of long-term care and other
 2909  personal assistance needs, and design of adaptive or modified
 2910  living environments.
 2911         (8)(9) Review budget requests for programs related to aging
 2912  to ensure the most cost-effective use of state funding for the
 2913  state’s elderly population for compliance with the master plan
 2914  for policies and programs related to aging before submission to
 2915  the Governor and the Legislature.
 2916         (10) Update the master plan for policies and programs
 2917  related to aging every 3 years.
 2918         (11) Review implementation of the master plan for programs
 2919  and policies related to aging and annually report to the
 2920  Governor, each Cabinet member, the President of the Senate, the
 2921  Speaker of the House of Representatives, the minority leaders of
 2922  the House and Senate, and the chairpersons of appropriate House
 2923  and Senate committees the progress towards implementation of the
 2924  plan.
 2925         (9)(12) Request other departments that administer programs
 2926  affecting the state’s elderly population to amend their plans,
 2927  rules, policies, and research objectives as necessary to ensure
 2928  that programs and other initiatives are coordinated and maximize
 2929  the state’s efforts to address the needs of the elderly conform
 2930  with the master plan for policies and programs related to aging.
 2931         (10)(13) Hold public meetings regularly throughout the
 2932  state to receive for purposes of receiving information and
 2933  maximize maximizing the visibility of important issues relating
 2934  to aging and the elderly.
 2935         (11)(14) Conduct policy analysis and program evaluation
 2936  studies assigned by the Legislature.
 2937         (12)(15) Assist the Governor, each Cabinet member, and
 2938  members of the Legislature the President of the Senate, the
 2939  Speaker of the House of Representatives, the minority leaders of
 2940  the House and Senate, and the chairpersons of appropriate House
 2941  and Senate committees in conducting the conduct of their
 2942  responsibilities in such capacities as they consider
 2943  appropriate.
 2944         (13)(16) Call upon appropriate agencies of state government
 2945  for such assistance as is needed in the discharge of its duties.
 2946  All agencies shall cooperate in assisting the department in
 2947  carrying out its responsibilities as prescribed by this section.
 2948  However, the no provision of law regarding with respect to
 2949  confidentiality of information may not be violated.
 2950         (14)(17) Be designated as a state agency that is eligible
 2951  to receive federal funds for adults who are eligible for
 2952  assistance through the portion of the federal Child and Adult
 2953  Care Food Program for adults, which is referred to as the Adult
 2954  Care Food Program, and that is responsible for establishing and
 2955  administering the program. The purpose of the Adult Care Food
 2956  Program is to provide nutritious and wholesome meals and snacks
 2957  for adults in nonresidential day care centers or residential
 2958  treatment facilities. To ensure the quality and integrity of the
 2959  program, the department shall develop standards and procedures
 2960  that govern sponsoring organizations and adult day care centers.
 2961  The department shall follow federal requirements and may adopt
 2962  any rules necessary to administer pursuant to ss. 120.536(1) and
 2963  120.54 for the implementation of the Adult Care Food program
 2964  and. With respect to the Adult Care Food Program, the department
 2965  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 2966  implement relevant federal regulations, including 7 C.F.R. part
 2967  226. The rules may address, at a minimum, the program
 2968  requirements and procedures identified in this subsection.
 2969         Section 144. Subsections (3) and (8) of section 430.502,
 2970  Florida Statutes, are amended to read:
 2971         430.502 Alzheimer’s disease; memory disorder clinics and
 2972  day care and respite care programs.—
 2973         (3) The Alzheimer’s Disease Advisory Committee shall must
 2974  evaluate and make recommendations to the department and the
 2975  Legislature concerning the need for additional memory disorder
 2976  clinics in the state. The first report will be due by December
 2977  31, 1995.
 2978         (8) The department shall will implement the waiver program
 2979  specified in subsection (7). The agency and the department shall
 2980  ensure that providers who are selected that have a history of
 2981  successfully serving persons with Alzheimer’s disease are
 2982  selected. The department and the agency shall develop
 2983  specialized standards for providers and services tailored to
 2984  persons in the early, middle, and late stages of Alzheimer’s
 2985  disease and designate a level of care determination process and
 2986  standard that is most appropriate to this population. The
 2987  department and the agency shall include in the waiver services
 2988  designed to assist the caregiver in continuing to provide in
 2989  home care. The department shall implement this waiver program
 2990  subject to a specific appropriation or as provided in the
 2991  General Appropriations Act. The department and the agency shall
 2992  submit their program design to the President of the Senate and
 2993  the Speaker of the House of Representatives for consultation
 2994  during the development process.
 2995         Section 145. Subsection (1) and paragraph (a) of subsection
 2996  (6) of section 445.006, Florida Statutes, are amended to read:
 2997         445.006 Strategic and operational plans for workforce
 2998  development.—
 2999         (1) Workforce Florida, Inc., in conjunction with state and
 3000  local partners in the workforce system, shall develop a
 3001  strategic plan that produces for workforce, with the goal of
 3002  producing skilled employees for employers in the state. The
 3003  strategic plan shall be submitted to the Governor, the President
 3004  of the Senate, and the Speaker of the House of Representatives
 3005  by February 1, 2001. The strategic plan shall be updated or
 3006  modified by January 1 of each year thereafter. The plan must
 3007  include, but need not be limited to, strategies for:
 3008         (a) Fulfilling the workforce system goals and strategies
 3009  prescribed in s. 445.004;
 3010         (b) Aggregating, integrating, and leveraging workforce
 3011  system resources;
 3012         (c) Coordinating the activities of federal, state, and
 3013  local workforce system partners;
 3014         (d) Addressing the workforce needs of small businesses; and
 3015         (e) Fostering the participation of rural communities and
 3016  distressed urban cores in the workforce system.
 3017         (6)(a) The operational plan must include strategies that
 3018  are designed to prevent or reduce the need for a person to
 3019  receive public assistance. The These strategies must include:
 3020         1. A teen pregnancy prevention component that includes, but
 3021  is not limited to, a plan for implementing the Florida Education
 3022  Now and Babies Later (ENABL) program under s. 411.242 and the
 3023  Teen Pregnancy Prevention Community Initiative within each
 3024  county of the services area in which the teen birth rate is
 3025  higher than the state average;
 3026         2. A component that encourages creation of community-based
 3027  welfare prevention and reduction initiatives that increase
 3028  support provided by noncustodial parents to their welfare
 3029  dependent children and are consistent with program and financial
 3030  guidelines developed by Workforce Florida, Inc., and the
 3031  Commission on Responsible Fatherhood. These initiatives may
 3032  include, but are not limited to, improved paternity
 3033  establishment, work activities for noncustodial parents,
 3034  programs aimed at decreasing out-of-wedlock pregnancies,
 3035  encouraging involvement of fathers with their children which
 3036  includes including court-ordered supervised visitation, and
 3037  increasing child support payments;
 3038         3. A component that encourages formation and maintenance of
 3039  two-parent families through, among other things, court-ordered
 3040  supervised visitation;
 3041         4. A component that fosters responsible fatherhood in
 3042  families receiving assistance; and
 3043         5. A component that fosters the provision of services that
 3044  reduce the incidence and effects of domestic violence on women
 3045  and children in families receiving assistance.
 3046         Section 146. Subsection (8) of section 455.2226, Florida
 3047  Statutes, is repealed.
 3048         Section 147. Subsection (6) of section 455.2228, Florida
 3049  Statutes, is repealed.
 3050         Section 148. Section 456.005, Florida Statutes, is amended
 3051  to read:
 3052         456.005 Long-range policy planning; plans, reports, and
 3053  recommendations.—To facilitate efficient and cost-effective
 3054  regulation, the department and the board, if where appropriate,
 3055  shall develop and implement a long-range policy planning and
 3056  monitoring process that includes to include recommendations
 3057  specific to each profession. The Such process shall include
 3058  estimates of revenues, expenditures, cash balances, and
 3059  performance statistics for each profession. The period covered
 3060  may shall not be less than 5 years. The department, with input
 3061  from the boards and licensees, shall develop and adopt the long
 3062  range plan and must obtain the approval of the State Surgeon
 3063  General. The department shall monitor compliance with the
 3064  approved long-range plan and, with input from the boards and
 3065  licensees, shall annually update the plans for approval by the
 3066  State Surgeon General. The department shall provide concise
 3067  management reports to the boards quarterly. As part of the
 3068  review process, the department shall evaluate:
 3069         (1) Whether the department, including the boards and the
 3070  various functions performed by the department, is operating
 3071  efficiently and effectively and if there is a need for a board
 3072  or council to assist in cost-effective regulation.
 3073         (2) How and why the various professions are regulated.
 3074         (3) Whether there is a need to continue regulation, and to
 3075  what degree.
 3076         (4) Whether or not consumer protection is adequate, and how
 3077  it can be improved.
 3078         (5) Whether there is consistency between the various
 3079  practice acts.
 3080         (6) Whether unlicensed activity is adequately enforced.
 3082  The Such plans shall should include conclusions and
 3083  recommendations on these and other issues as appropriate. Such
 3084  plans shall be provided to the Governor and the Legislature by
 3085  November 1 of each year.
 3086         Section 149. Subsection (9) of section 456.025, Florida
 3087  Statutes, is amended to read:
 3088         456.025 Fees; receipts; disposition.—
 3089         (9) The department shall provide a condensed management
 3090  report of revenues and expenditures budgets, finances,
 3091  performance measures statistics, and recommendations to each
 3092  board at least once a quarter. The department shall identify and
 3093  include in such presentations any changes, or projected changes,
 3094  made to the board’s budget since the last presentation.
 3095         Section 150. Subsection (6) of section 456.034, Florida
 3096  Statutes, is repealed.
 3097         Section 151. Subsections (3) and (4) of section 517.302,
 3098  Florida Statutes, are amended to read:
 3099         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3100  Trust Fund; time limitation for criminal prosecution.—
 3101         (3) In lieu of a fine otherwise authorized by law, a person
 3102  who has been convicted of or who has pleaded guilty or no
 3103  contest to having engaged in conduct in violation of the
 3104  provisions of this chapter may be sentenced to pay a fine that
 3105  does not exceed the greater of three times the gross value
 3106  gained or three times the gross loss caused by such conduct,
 3107  plus court costs and the costs of investigation and prosecution
 3108  reasonably incurred.
 3109         (4)(a) There is created within the office a trust fund to
 3110  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3111  costs of investigation and prosecution under this subsection
 3112  shall be deposited in the trust fund. Funds deposited in the
 3113  such trust fund must shall be used, when authorized by
 3114  appropriation, for investigation and prosecution of
 3115  administrative, civil, and criminal actions arising under the
 3116  provisions of this chapter. Funds may also be used to improve
 3117  the public’s awareness and understanding of prudent investing.
 3118         (b) The office shall report to the Executive Office of the
 3119  Governor annually by November 15, the amounts deposited into the
 3120  Anti-Fraud Trust Fund during the previous fiscal year. The
 3121  Executive Office of the Governor shall distribute these reports
 3122  to the President of the Senate and the Speaker of the House of
 3123  Representatives.
 3124         (5)(4) Criminal prosecution for offenses under this chapter
 3125  is subject to the time limitations in of s. 775.15.
 3126         Section 152. Subsection (3) of section 531.415, Florida
 3127  Statutes, is repealed.
 3128         Section 153. Subsection (3) of section 570.0705, Florida
 3129  Statutes, is repealed.
 3130         Section 154. Subsection (5) of section 570.0725, Florida
 3131  Statutes, is amended to read:
 3132         570.0725 Food recovery; legislative intent; department
 3133  functions.—
 3134         (5) The department shall account for the direct and
 3135  indirect costs associated with supporting food recovery programs
 3136  throughout the state. It shall submit an electronic a report to
 3137  the President of the Senate and the Speaker of the House of
 3138  Representatives by November 1, for the previous fiscal year,
 3139  when state funds are spent for this purpose. The report must
 3140  include, but need not be limited to, the identity of
 3141  organizations receiving funds, the amount of funds disbursed to
 3142  these organizations, other uses of food recovery funds, and
 3143  estimates of the amount of fresh produce recovered.
 3144         Section 155. Subsection (3) of section 570.543, Florida
 3145  Statutes, is repealed.
 3146         Section 156. Section 590.33, Florida Statutes, is amended
 3147  to read:
 3148         590.33 State compact administrator; compact advisory
 3149  committee.—In pursuance of art. III of the compact, the director
 3150  of the division shall act as compact administrator for Florida
 3151  of the Southeastern Interstate Forest Fire Protection Compact
 3152  during his or her term of office as director, and his or her
 3153  successor as compact administrator shall be his or her successor
 3154  as director of the division. As compact administrator he or she
 3155  shall be an ex officio member of the advisory committee of the
 3156  Southeastern Interstate Forest Fire Protection Compact, and
 3157  chair ex officio of the Florida members of the advisory
 3158  committee. There shall be four members of the Southeastern
 3159  Interstate Forest Fire Protection Compact Advisory Committee
 3160  from Florida. Two of the members from Florida shall be members
 3161  of the Legislature of Florida, one from the Senate and one from
 3162  the House of Representatives, designated by the Florida
 3163  Commission on Interstate Cooperation, and the terms of any such
 3164  members shall terminate at the time they cease to hold
 3165  legislative office, and their successors as members shall be
 3166  named in like manner. The Governor shall appoint the other two
 3167  members from Florida, one of whom shall be associated with
 3168  forestry or forest products industries. The terms of such
 3169  members shall be 3 years and such members shall hold office
 3170  until their respective successors shall be appointed and
 3171  qualified. Vacancies occurring in the office of such members
 3172  from any reason or cause shall be filled by appointment by the
 3173  Governor for the unexpired term. The director of the division as
 3174  compact administrator for Florida may delegate, from time to
 3175  time, to any deputy or other subordinate in his or her
 3176  department or office, the power to be present and participate,
 3177  including voting as his or her representative or substitute at
 3178  any meeting of or hearing by or other proceeding of the compact
 3179  administrators or of the advisory committee. The terms of each
 3180  of the initial four memberships, whether appointed at said time
 3181  or not, shall begin upon the date upon which the compact shall
 3182  become effective in accordance with art. II of said compact. Any
 3183  member of the advisory committee may be removed from office by
 3184  the Governor upon charges and after a hearing.
 3185         Section 157. Section 603.204, Florida Statutes, is amended
 3186  to read:
 3187         603.204 South Florida Tropical Fruit Plan.—
 3188         (1) The Commissioner of Agriculture, in consultation with
 3189  the Tropical Fruit Advisory Council, shall develop and update,
 3190  at least 90 days prior to the 1991 legislative session, submit
 3191  to the President of the Senate, the Speaker of the House of
 3192  Representatives, and the chairs of appropriate Senate and House
 3193  of Representatives committees, a South Florida Tropical Fruit
 3194  Plan, which shall identify problems and constraints of the
 3195  tropical fruit industry, propose possible solutions to such
 3196  problems, and develop planning mechanisms for orderly growth of
 3197  the industry, including:
 3198         (1)(a) Criteria for tropical fruit research, service, and
 3199  management priorities.
 3200         (2)(b)Additional Proposed legislation that which may be
 3201  required.
 3202         (3)(c) Plans relating to other tropical fruit programs and
 3203  related disciplines in the State University System.
 3204         (4)(d) Potential tropical fruit products in terms of market
 3205  and needs for development.
 3206         (5)(e) Evaluation of production and fresh fruit policy
 3207  alternatives, including, but not limited to, setting minimum
 3208  grades and standards, promotion and advertising, development of
 3209  production and marketing strategies, and setting minimum
 3210  standards on types and quality of nursery plants.
 3211         (6)(f) Evaluation of policy alternatives for processed
 3212  tropical fruit products, including, but not limited to, setting
 3213  minimum quality standards and development of production and
 3214  marketing strategies.
 3215         (7)(g) Research and service priorities for further
 3216  development of the tropical fruit industry.
 3217         (8)(h) Identification of state agencies and public and
 3218  private institutions concerned with research, education,
 3219  extension, services, planning, promotion, and marketing
 3220  functions related to tropical fruit development, and delineation
 3221  of contributions and responsibilities. The recommendations in
 3222  the South Florida Tropical Fruit plan relating to education or
 3223  research shall be submitted to the Institute of Food and
 3224  Agricultural Sciences. The recommendations relating to
 3225  regulation or marketing shall be submitted to the Department of
 3226  Agriculture and Consumer Services.
 3227         (9)(i) Business planning, investment potential, financial
 3228  risks, and economics of production and use utilization.
 3229         (2) A revision and update of the South Florida Tropical
 3230  Fruit Plan shall be submitted biennially, and a progress report
 3231  and budget request shall be submitted annually, to the officials
 3232  specified in subsection (1).
 3233         Section 158. Subsection (6) of section 627.64872, Florida
 3234  Statutes, is amended to read:
 3235         627.64872 Florida Health Insurance Plan.—
 3237         (a) By no later than December 1, 2004, the board shall
 3238  report to the Governor, the President of the Senate, and the
 3239  Speaker of the House of Representatives the results of an
 3240  actuarial study conducted by the board to determine, including,
 3241  but not limited to:
 3242         1. The impact the creation of the plan will have on the
 3243  small group insurance market and the individual market on
 3244  premiums paid by insureds. This shall include an estimate of the
 3245  total anticipated aggregate savings for all small employers in
 3246  the state.
 3247         2. The number of individuals the pool could reasonably
 3248  cover at various funding levels, specifically, the number of
 3249  people the pool may cover at each of those funding levels.
 3250         3. A recommendation as to the best source of funding for
 3251  the anticipated deficits of the pool.
 3252         4. The effect on the individual and small group market by
 3253  including in the Florida Health Insurance Plan persons eligible
 3254  for coverage under s. 627.6487, as well as the cost of including
 3255  these individuals.
 3257  The board shall take no action to implement the Florida Health
 3258  Insurance Plan, other than the completion of the actuarial study
 3259  authorized in this paragraph, until funds are appropriated for
 3260  startup cost and any projected deficits.
 3261         (b) No later than December 1, 2005, and annually
 3262  thereafter, The board shall annually submit to the Governor, the
 3263  President of the Senate, and the Speaker of the House of
 3264  Representatives, and the substantive legislative committees of
 3265  the Legislature a report that which includes an independent
 3266  actuarial study to determine, without limitation, the following
 3267  including, but not be limited to:
 3268         (a)1. The effect impact the creation of the plan has on the
 3269  small group and individual insurance market, specifically on the
 3270  premiums paid by insureds, including. This shall include an
 3271  estimate of the total anticipated aggregate savings for all
 3272  small employers in the state.
 3273         (b)2. The actual number of individuals covered at the
 3274  current funding and benefit level, the projected number of
 3275  individuals that may seek coverage in the forthcoming fiscal
 3276  year, and the projected funding needed to cover anticipated
 3277  increase or decrease in plan participation.
 3278         (c)3. A recommendation as to the best source of funding for
 3279  the anticipated deficits of the pool.
 3280         (d)4. A summary summarization of the activities of the plan
 3281  in the preceding calendar year, including the net written and
 3282  earned premiums, plan enrollment, the expense of administration,
 3283  and the paid and incurred losses.
 3284         (e)5. A review of the operation of the plan as to whether
 3285  the plan has met the intent of this section.
 3287  The board may not implement the Florida Health Insurance Plan
 3288  until funds are appropriated for startup costs and any projected
 3289  deficits; however, the board may complete the actuarial study
 3290  authorized in this subsection.
 3291         Section 159. Subsections (5) and (7) of section 744.708,
 3292  Florida Statutes, are amended to read:
 3293         744.708 Reports and standards.—
 3294         (5)(a) Each office of public guardian shall undergo an
 3295  independent audit by a qualified certified public accountant at
 3296  least once every 2 years. A copy of the audit report shall be
 3297  submitted to the Statewide Public Guardianship Office.
 3298         (b) In addition to regular monitoring activities, the
 3299  Statewide Public Guardianship Office shall conduct an
 3300  investigation into the practices of each office of public
 3301  guardian related to the managing of each ward’s personal affairs
 3302  and property. If When feasible, the investigation required under
 3303  this paragraph shall be conducted in conjunction with the
 3304  financial audit of each office of public guardian under
 3305  paragraph (a).
 3306         (c) In addition, each office of public guardian shall be
 3307  subject to audits or examinations by the Auditor General and the
 3308  Office of Program Policy Analysis and Government Accountability
 3309  pursuant to law.
 3310         (7) The ratio for professional staff to wards shall be 1
 3311  professional to 40 wards. The Statewide Public Guardianship
 3312  Office may increase or decrease the ratio after consultation
 3313  with the local public guardian and the chief judge of the
 3314  circuit court. The basis for of the decision to increase or
 3315  decrease the prescribed ratio must shall be included reported in
 3316  the annual report to the secretary of Elderly Affairs, the
 3317  Governor, the President of the Senate, the Speaker of the House
 3318  of Representatives, and the Chief Justice of the Supreme Court.
 3319         Section 160. Subsection (8) of section 790.22, Florida
 3320  Statutes, is amended to read:
 3321         790.22 Use of BB guns, air or gas-operated guns, or
 3322  electric weapons or devices by minor under 16; limitation;
 3323  possession of firearms by minor under 18 prohibited; penalties.—
 3324         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 3325  under 18 years of age is charged with an offense that involves
 3326  the use or possession of a firearm, as defined in s. 790.001,
 3327  including a violation of subsection (3), or is charged for any
 3328  offense during the commission of which the minor possessed a
 3329  firearm, the minor shall be detained in secure detention, unless
 3330  the state attorney authorizes the release of the minor, and
 3331  shall be given a hearing within 24 hours after being taken into
 3332  custody. At the hearing, the court may order that the minor
 3333  continue to be held in secure detention in accordance with the
 3334  applicable time periods specified in s. 985.26(1)-(5), if the
 3335  court finds that the minor meets the criteria specified in s.
 3336  985.255, or if the court finds by clear and convincing evidence
 3337  that the minor is a clear and present danger to himself or
 3338  herself or the community. The Department of Juvenile Justice
 3339  shall prepare a form for all minors charged under this
 3340  subsection which that states the period of detention and the
 3341  relevant demographic information, including, but not limited to,
 3342  the gender sex, age, and race of the minor; whether or not the
 3343  minor was represented by private counsel or a public defender;
 3344  the current offense; and the minor’s complete prior record,
 3345  including any pending cases. The form shall be provided to the
 3346  judge for to be considered when determining whether the minor
 3347  should be continued in secure detention under this subsection.
 3348  An order placing a minor in secure detention because the minor
 3349  is a clear and present danger to himself or herself or the
 3350  community must be in writing, must specify the need for
 3351  detention and the benefits derived by the minor or the community
 3352  by placing the minor in secure detention, and must include a
 3353  copy of the form provided by the department. The Department of
 3354  Juvenile Justice must send the form, including a copy of any
 3355  order, without client-identifying information, to the Office of
 3356  Economic and Demographic Research.
 3357         Section 161. Section 943.125, Florida Statutes, is amended
 3358  to read:
 3359         943.125 Law enforcement agency accreditation; intent.—
 3360         (1) LEGISLATIVE INTENT.—
 3361         (1)(a) It is the intent of the Legislature that law
 3362  enforcement agencies in the state be upgraded and strengthened
 3363  through the adoption of meaningful standards of operation for
 3364  those agencies.
 3365         (2)(b) It is the further intent of the Legislature that law
 3366  enforcement agencies voluntarily adopt standards designed to
 3367  promote equal and fair law enforcement, to maximize the
 3368  capability of law enforcement agencies to prevent and control
 3369  criminal activities, and to increase interagency cooperation
 3370  throughout the state.
 3371         (3)(c) It is further the intent of the Legislature to
 3372  encourage the Florida Sheriffs Association and the Florida
 3373  Police Chiefs Association to develop, either jointly or
 3374  separately, a law enforcement agency accreditation program. The
 3375  Such program must shall be independent of any law enforcement
 3376  agency, the Florida Sheriffs Association, or the Florida Police
 3377  Chiefs Association. The Any such law enforcement agency
 3378  accreditation program must should address, at a minimum, the
 3379  following aspects of law enforcement:
 3380         (a)1. Vehicle pursuits.
 3381         (b)2. Seizure and forfeiture of contraband articles.
 3382         (c)3. Recording and processing citizens’ complaints.
 3383         (d)4. Use of force.
 3384         (e)5. Traffic stops.
 3385         (f)6. Handling natural and manmade disasters.
 3386         (g)7. Special operations.
 3387         (h)8. Prisoner transfer.
 3388         (i)9. Collection and preservation of evidence.
 3389         (j)10. Recruitment and selection.
 3390         (k)11. Officer training.
 3391         (l)12. Performance evaluations.
 3392         (m)13. Law enforcement disciplinary procedures and rights.
 3393         (n)14. Use of criminal investigative funds.
 3394         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 3395  Association and the Florida Police Chiefs Association, either
 3396  jointly or separately, shall report to the Speaker of the House
 3397  of Representatives and the President of the Senate regarding the
 3398  feasibility of a law enforcement agency accreditation program
 3399  and the status of the efforts of the Florida Sheriffs
 3400  Association and the Florida Police Chiefs Association to develop
 3401  a law enforcement agency accreditation program as provided in
 3402  this section.
 3403         Section 162. Subsection (9) of section 943.68, Florida
 3404  Statutes, is amended to read:
 3405         943.68 Transportation and protective services.—
 3406         (9) The department shall submit a report each July 15 to
 3407  the President of the Senate, Speaker of the House of
 3408  Representatives, Governor, the Legislature, and members of the
 3409  Cabinet, detailing all transportation and protective services
 3410  provided under subsections (1), (5), and (6) within the
 3411  preceding fiscal year. Each report shall include a detailed
 3412  accounting of the cost of such transportation and protective
 3413  services, including the names of persons provided such services
 3414  and the nature of state business performed.
 3415         Section 163. Paragraph (f) of subsection (3) of section
 3416  944.801, Florida Statutes, is amended to read:
 3417         944.801 Education for state prisoners.—
 3418         (3) The responsibilities of the Correctional Education
 3419  Program shall be to:
 3420         (f) Report annual activities to the Secretary of
 3421  Corrections, the Commissioner of Education, the Governor, and
 3422  the Legislature.
 3423         Section 164. Subsection (10) of section 945.35, Florida
 3424  Statutes, is repealed.
 3425         Section 165. Subsection (9) of section 958.045, Florida
 3426  Statutes, is repealed.
 3427         Section 166. Paragraph (c) of subsection (1) of section
 3428  960.045, Florida Statutes, is amended to read:
 3429         960.045 Department of Legal Affairs; powers and duties.—It
 3430  shall be the duty of the department to assist persons who are
 3431  victims of crime.
 3432         (1) The department shall:
 3433         (c) Prepare an annual Render, prior to January 1 of each
 3434  year, to the presiding officers of the Senate and House of
 3435  Representatives a written report of the activities of the Crime
 3436  Victims’ Services Office, which shall be available on the
 3437  department’s Internet website.
 3438         Section 167. Paragraph (c) of subsection (8) of section
 3439  985.02, Florida Statutes, is repealed.
 3440         Section 168. Subsections (3), (4), and (5) of section
 3441  985.047, Florida Statutes, are amended to read:
 3442         985.047 Information systems.—
 3443         (3) In order to assist in the integration of the
 3444  information to be shared, the sharing of information obtained,
 3445  the joint planning on diversion and early intervention
 3446  strategies for juveniles at risk of becoming serious habitual
 3447  juvenile offenders, and the intervention strategies for serious
 3448  habitual juvenile offenders, a multiagency task force should be
 3449  organized and utilized by the law enforcement agency or county
 3450  in conjunction with the initiation of the information system
 3451  described in subsections (1) and (2). The multiagency task force
 3452  shall be composed of representatives of those agencies and
 3453  persons providing information for the central identification
 3454  file and the multiagency information sheet.
 3455         (4) This multiagency task force shall develop a plan for
 3456  the information system that includes measures which identify and
 3457  address any disproportionate representation of ethnic or racial
 3458  minorities in the information systems and shall develop
 3459  strategies that address the protection of individual
 3460  constitutional rights.
 3461         (3)(5)A Any law enforcement agency, or county that which
 3462  implements a juvenile offender information system and the
 3463  multiagency task force which maintain the information system
 3464  must annually provide any information gathered during the
 3465  previous year to the delinquency and gang prevention council of
 3466  the judicial circuit in which the county is located. This
 3467  information must shall include the number, types, and patterns
 3468  of delinquency tracked by the juvenile offender information
 3469  system.
 3470         Section 169. Paragraph (a) of subsection (8) of section
 3471  985.47, Florida Statutes, is amended to read:
 3472         985.47 Serious or habitual juvenile offender.—
 3473         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3474  chapter and the establishment of appropriate program guidelines
 3475  and standards, contractual instruments, which shall include
 3476  safeguards of all constitutional rights, shall be developed as
 3477  follows:
 3478         (a) The department shall provide for:
 3479         1. The Oversight of the implementation of assessment and
 3480  treatment approaches.
 3481         2. The Identification and prequalification of appropriate
 3482  individuals or not-for-profit organizations, including minority
 3483  individuals or organizations when possible, to provide
 3484  assessment and treatment services to serious or habitual
 3485  delinquent children.
 3486         3. The Monitoring and evaluation of assessment and
 3487  treatment services for compliance with this chapter and all
 3488  applicable rules and guidelines pursuant thereto.
 3489         4. The development of an annual report on the performance
 3490  of assessment and treatment to be presented to the Governor, the
 3491  Attorney General, the President of the Senate, the Speaker of
 3492  the House of Representatives, and the Auditor General no later
 3493  than January 1 of each year.
 3494         Section 170. Paragraph (a) of subsection (8) of section
 3495  985.483, Florida Statutes, is amended to read:
 3496         985.483 Intensive residential treatment program for
 3497  offenders less than 13 years of age.—
 3498         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3499  chapter and the establishment of appropriate program guidelines
 3500  and standards, contractual instruments, which shall include
 3501  safeguards of all constitutional rights, shall be developed for
 3502  intensive residential treatment programs for offenders less than
 3503  13 years of age as follows:
 3504         (a) The department shall provide for:
 3505         1. The Oversight of the implementation of assessment and
 3506  treatment approaches.
 3507         2. The Identification and prequalification of appropriate
 3508  individuals or not-for-profit organizations, including minority
 3509  individuals or organizations when possible, to provide
 3510  assessment and treatment services to intensive offenders less
 3511  than 13 years of age.
 3512         3. The Monitoring and evaluation of assessment and
 3513  treatment services for compliance with this chapter and all
 3514  applicable rules and guidelines pursuant thereto.
 3515         4. The development of an annual report on the performance
 3516  of assessment and treatment to be presented to the Governor, the
 3517  Attorney General, the President of the Senate, the Speaker of
 3518  the House of Representatives, the Auditor General, and the
 3519  Office of Program Policy Analysis and Government Accountability
 3520  no later than January 1 of each year.
 3521         Section 171. Subsection (5) of section 985.61, Florida
 3522  Statutes, is repealed.
 3523         Section 172. Subsection (1) of section 985.622, Florida
 3524  Statutes, is amended to read:
 3525         985.622 Multiagency plan for vocational education.—
 3526         (1) The Department of Juvenile Justice and the Department
 3527  of Education shall, in consultation with the statewide Workforce
 3528  Development Youth Council, school districts, providers, and
 3529  others, jointly develop a multiagency plan for vocational
 3530  education that establishes the curriculum, goals, and outcome
 3531  measures for vocational programs in juvenile commitment
 3532  facilities. The plan must include:
 3533         (a) Provisions for maximizing appropriate state and federal
 3534  funding sources, including funds under the Workforce Investment
 3535  Act and the Perkins Act;
 3536         (b) The responsibilities of both departments and all other
 3537  appropriate entities; and
 3538         (c) A detailed implementation schedule.
 3540  The plan must be submitted to the Governor, the President of the
 3541  Senate, and the Speaker of the House of Representatives by May
 3542  1, 2001.
 3543         Section 173. Subsection (7) of section 985.632, Florida
 3544  Statutes, is repealed.
 3545         Section 174. Subsection (4) of section 1003.61, Florida
 3546  Statutes, is repealed.
 3547         Section 175. Subsection (6) of section 1004.50, Florida
 3548  Statutes, is repealed.
 3549         Section 176. Section 1006.0605, Florida Statutes, is
 3550  repealed.
 3551         Section 177. Section 1006.67, Florida Statutes, is
 3552  repealed.
 3553         Section 178. Subsection (8) of section 1009.70, Florida
 3554  Statutes, is amended to read:
 3555         1009.70 Florida Education Fund.—
 3556         (8) There is created a legal education component of the
 3557  Florida Education Fund to provide the opportunity for minorities
 3558  to attain representation within the legal profession
 3559  proportionate to their representation within the general
 3560  population. The legal education component of the Florida
 3561  Education Fund includes a law school program and a pre-law
 3562  program.
 3563         (a) The law school scholarship program of the Florida
 3564  Education Fund is to be administered by the Board of Directors
 3565  of the Florida Education Fund for the purpose of increasing by
 3566  200 the number of minority students enrolled in law schools in
 3567  this state by 200. Implementation of this program is to be
 3568  phased in over a 3-year period.
 3569         1. The board of directors shall provide financial,
 3570  academic, and other support to students selected for
 3571  participation in this program from funds appropriated by the
 3572  Legislature.
 3573         2. Student selection must be made in accordance with rules
 3574  adopted by the board of directors for that purpose and must be
 3575  based, at least in part, on an assessment of potential for
 3576  success, merit, and financial need.
 3577         3. Support must be made available to students who enroll in
 3578  private, as well as public, law schools in this state which are
 3579  accredited by the American Bar Association.
 3580         4. Scholarships must be paid directly to the participating
 3581  students.
 3582         5. Students who participate in this program must agree in
 3583  writing to sit for The Florida Bar examination and, upon
 3584  successful admission to The Florida Bar, to either practice law
 3585  in the state for a period of time equal to the amount of time
 3586  for which the student received aid, up to 3 years, or repay the
 3587  amount of aid received.
 3588         6. Annually, the board of directors shall compile a report
 3589  that includes a description of the selection process, an
 3590  analysis of the academic progress of all scholarship recipients,
 3591  and an analysis of expenditures. This report must be submitted
 3592  to the President of the Senate, the Speaker of the House of
 3593  Representatives, and the Governor.
 3594         (b) The minority pre-law scholarship loan program of the
 3595  Florida Education Fund is to be administered by the Board of
 3596  Directors of the Florida Education Fund for the purpose of
 3597  increasing the opportunity of minority students to prepare for
 3598  law school.
 3599         1. From funds appropriated by the Legislature, the board of
 3600  directors shall provide for student fees, room, board, books,
 3601  supplies, and academic and other support to selected minority
 3602  undergraduate students matriculating at eligible public and
 3603  independent colleges and universities in Florida.
 3604         2. Student selection must be made in accordance with rules
 3605  adopted by the board of directors for that purpose and must be
 3606  based, at least in part, on an assessment of potential for
 3607  success, merit, and financial need.
 3608         3. To be eligible, a student must make a written agreement
 3609  to enter or be accepted to enter a law school in this state
 3610  within 2 years after graduation or repay the scholarship loan
 3611  amount plus interest at the prevailing rate.
 3612         4. Recipients who fail to gain admission to a law school
 3613  within the specified period of time, may, upon admission to law
 3614  school, be eligible to have their loans canceled.
 3615         5. Minority pre-law scholarship loans shall be provided to
 3616  34 minority students per year for up to 4 years each, for a
 3617  total of 136 scholarship loans. To continue receiving receipt of
 3618  scholarship loans, recipients must maintain a 2.75 grade point
 3619  average for the freshman year and a 3.25 grade point average
 3620  thereafter. Participants must also take specialized courses to
 3621  enhance competencies in English and logic.
 3622         6. The board of directors shall maintain records on all
 3623  scholarship loan recipients. Participating institutions shall
 3624  submit academic progress reports to the board of directors
 3625  following each academic term. Annually, the board of directors
 3626  shall compile a report that includes a description of the
 3627  selection process, an analysis of the academic progress of all
 3628  scholarship loan recipients, and an analysis of expenditures.
 3629  This report must be submitted to the President of the Senate,
 3630  the Speaker of the House of Representatives, and the Governor.
 3631         Section 179. Subsection (8) of section 1011.32, Florida
 3632  Statutes, is amended to read:
 3633         1011.32 Community College Facility Enhancement Challenge
 3634  Grant Program.—
 3635         (8) By September 1 of each year, the State Board of
 3636  Education shall transmit to the Governor and the Legislature a
 3637  list of projects that which meet all eligibility requirements to
 3638  participate in the Community College Facility Enhancement
 3639  Challenge Grant Program and a budget request that which includes
 3640  the recommended schedule necessary to complete each project.
 3641         Section 180. Paragraph (s) of subsection (1) of section
 3642  1011.62, Florida Statutes, is amended to read:
 3643         1011.62 Funds for operation of schools.—If the annual
 3644  allocation from the Florida Education Finance Program to each
 3645  district for operation of schools is not determined in the
 3646  annual appropriations act or the substantive bill implementing
 3647  the annual appropriations act, it shall be determined as
 3648  follows:
 3650  OPERATION.—The following procedure shall be followed in
 3651  determining the annual allocation to each district for
 3652  operation:
 3653         (s) Extended-school-year program.—It is the intent of the
 3654  Legislature that students be provided additional instruction by
 3655  extending the school year to 210 days or more. Districts may
 3656  apply to the Commissioner of Education for funds to be used in
 3657  planning and implementing an extended-school-year program. The
 3658  Department of Education shall recommend to the Legislature the
 3659  policies necessary for full implementation of an extended school
 3660  year.
 3661         Section 181. Paragraph (l) of subsection (2) of section
 3662  1012.05, Florida Statutes, is repealed.
 3663         Section 182. Subsection (1) of section 1012.42, Florida
 3664  Statutes, is amended to read:
 3665         1012.42 Teacher teaching out-of-field.—
 3666         (1) ASSISTANCE.—Each district school board shall adopt and
 3667  implement a plan to assist any teacher teaching out-of-field,
 3668  and priority consideration in professional development
 3669  activities shall be given to a teacher teachers who is are
 3670  teaching out-of-field. The district school board shall require
 3671  that the teacher such teachers participate in a certification or
 3672  staff development program designed to provide the teacher with
 3673  the competencies required for the assigned duties. The board
 3674  approved assistance plan must include duties of administrative
 3675  personnel and other instructional personnel to provide students
 3676  with instructional services. Each district school board shall
 3677  contact its regional workforce board, created pursuant to s.
 3678  445.007, to identify resources that may assist teachers who are
 3679  teaching out-of-field and who are pursuing certification.
 3680         Section 183. Section 1013.11, Florida Statutes, is amended
 3681  to read:
 3682         1013.11 Postsecondary institutions assessment of physical
 3683  plant safety.—The president of each postsecondary institution
 3684  shall conduct or cause to be conducted an annual assessment of
 3685  physical plant safety. An annual report shall incorporate the
 3686  assessment findings obtained through such assessment and
 3687  recommendations for the improvement of safety on each campus.
 3688  The annual report shall be submitted to the respective governing
 3689  or licensing board of jurisdiction no later than January 1 of
 3690  each year. Each board shall compile the individual institutional
 3691  reports and convey the aggregate institutional reports to the
 3692  Commissioner of Education or the Chancellor of the State
 3693  University System, as appropriate. The Commissioner of Education
 3694  and the Chancellor of the State University System shall convey
 3695  these reports and the reports required in s. 1006.67 to the
 3696  President of the Senate and the Speaker of the House of
 3697  Representatives no later than March 1 of each year.
 3698         Section 184. Subsection (3) of section 161.142, Florida
 3699  Statutes, is amended to read:
 3700         161.142 Declaration of public policy relating to improved
 3701  navigation inlets.—The Legislature recognizes the need for
 3702  maintaining navigation inlets to promote commercial and
 3703  recreational uses of our coastal waters and their resources. The
 3704  Legislature further recognizes that inlets interrupt or alter
 3705  the natural drift of beach-quality sand resources, which often
 3706  results in these sand resources being deposited in nearshore
 3707  areas or in the inlet channel, or in the inland waterway
 3708  adjacent to the inlet, instead of providing natural nourishment
 3709  to the adjacent eroding beaches. Accordingly, the Legislature
 3710  finds it is in the public interest to replicate the natural
 3711  drift of sand which is interrupted or altered by inlets to be
 3712  replaced and for each level of government to undertake all
 3713  reasonable efforts to maximize inlet sand bypassing to ensure
 3714  that beach-quality sand is placed on adjacent eroding beaches.
 3715  Such activities cannot make up for the historical sand deficits
 3716  caused by inlets but shall be designed to balance the sediment
 3717  budget of the inlet and adjacent beaches and extend the life of
 3718  proximate beach-restoration projects so that periodic
 3719  nourishment is needed less frequently. Therefore, in furtherance
 3720  of this declaration of public policy and the Legislature’s
 3721  intent to redirect and recommit the state’s comprehensive beach
 3722  management efforts to address the beach erosion caused by
 3723  inlets, the department shall ensure that:
 3724         (3) Construction waterward of the coastal construction
 3725  control line on downdrift coastal areas, on islands
 3726  substantially created by the deposit of spoil, located within 1
 3727  mile of the centerline of navigation channels or inlets,
 3728  providing access to ports listed in s. 403.021(9)(b), which
 3729  suffers or has suffered erosion caused by such navigation
 3730  channel maintenance or construction shall be exempt from the
 3731  permitting requirements and prohibitions of s. 161.053(4)(5) or
 3732  (5)(6); however, such construction shall comply with the
 3733  applicable Florida Building Code adopted pursuant to s. 553.73.
 3734  The timing and sequence of any construction activities
 3735  associated with inlet management projects shall provide
 3736  protection to nesting sea turtles and their hatchlings and
 3737  habitats, to nesting shorebirds, and to native salt-resistant
 3738  vegetation and endangered plant communities. Beach-quality sand
 3739  placed on the beach as part of an inlet management project must
 3740  be suitable for marine turtle nesting.
 3741         Section 185. Paragraph (a) of subsection (4) of section
 3742  163.065, Florida Statutes, is amended to read:
 3743         163.065 Miami River Improvement Act.—
 3744         (4) PLAN.—The Miami River Commission, working with the City
 3745  of Miami and Miami-Dade County, shall consider the merits of the
 3746  following:
 3747         (a) Development and adoption of an urban infill and
 3748  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 3749  163.2526, which and participating state and regional agencies
 3750  shall review the proposed plan for the purposes of determining
 3751  consistency with applicable law.
 3752         Section 186. Subsection (1) of section 163.2511, Florida
 3753  Statutes, is amended to read:
 3754         163.2511 Urban infill and redevelopment.—
 3755         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 3756  cited as the “Growth Policy Act.”
 3757         Section 187. Section 163.2514, Florida Statutes, is amended
 3758  to read:
 3759         163.2514 Growth Policy Act; definitions.—As used in ss.
 3760  163.2511-163.2523, the term ss. 163.2511-163.2526:
 3761         (1) “Local government” means any county or municipality.
 3762         (2) “Urban infill and redevelopment area” means an area or
 3763  areas designated by a local government where:
 3764         (a) Public services such as water and wastewater,
 3765  transportation, schools, and recreation are already available or
 3766  are scheduled to be provided in an adopted 5-year schedule of
 3767  capital improvements;
 3768         (b) The area, or one or more neighborhoods within the area,
 3769  suffers from pervasive poverty, unemployment, and general
 3770  distress as defined by s. 290.0058;
 3771         (c) The area exhibits a proportion of properties that are
 3772  substandard, overcrowded, dilapidated, vacant or abandoned, or
 3773  functionally obsolete which is higher than the average for the
 3774  local government;
 3775         (d) More than 50 percent of the area is within 1/4 mile of
 3776  a transit stop, or a sufficient number of such transit stops
 3777  will be made available concurrent with the designation; and
 3778         (e) The area includes or is adjacent to community
 3779  redevelopment areas, brownfields, enterprise zones, or Main
 3780  Street programs, or has been designated by the state or Federal
 3781  Government as an urban redevelopment, revitalization, or infill
 3782  area under empowerment zone, enterprise community, or brownfield
 3783  showcase community programs or similar programs.
 3784         Section 188. Subsection (2) of section 163.3202, Florida
 3785  Statutes, is amended to read:
 3786         163.3202 Land development regulations.—
 3787         (2) Local land development regulations shall contain
 3788  specific and detailed provisions necessary or desirable to
 3789  implement the adopted comprehensive plan and shall at as a
 3790  minimum:
 3791         (a) Regulate the subdivision of land.
 3792         (b) Regulate the use of land and water for those land use
 3793  categories included in the land use element and ensure the
 3794  compatibility of adjacent uses and provide for open space.
 3795         (c) Provide for protection of potable water wellfields.
 3796         (d) Regulate areas subject to seasonal and periodic
 3797  flooding and provide for drainage and stormwater management.
 3798         (e) Ensure the protection of environmentally sensitive
 3799  lands designated in the comprehensive plan.
 3800         (f) Regulate signage.
 3801         (g) Provide that public facilities and services meet or
 3802  exceed the standards established in the capital improvements
 3803  element required by s. 163.3177 and are available when needed
 3804  for the development, or that development orders and permits are
 3805  conditioned on the availability of these public facilities and
 3806  services necessary to serve the proposed development. Not later
 3807  than 1 year after its due date established by the state land
 3808  planning agency’s rule for submission of local comprehensive
 3809  plans pursuant to s. 163.3167(2), A local government may shall
 3810  not issue a development order or permit that which results in a
 3811  reduction in the level of services for the affected public
 3812  facilities below the level of services provided in the local
 3813  government’s comprehensive plan of the local government.
 3814         (h) Ensure safe and convenient onsite traffic flow,
 3815  considering needed vehicle parking.
 3816         Section 189. Paragraph (b) of subsection (11) of section
 3817  259.041, Florida Statutes, is amended to read:
 3818         259.041 Acquisition of state-owned lands for preservation,
 3819  conservation, and recreation purposes.—
 3820         (11)
 3821         (b) All project applications shall identify, within their
 3822  acquisition plans, those projects that which require a full fee
 3823  simple interest to achieve the public policy goals, together
 3824  with the reasons full title is determined to be necessary. The
 3825  state agencies and the water management districts may use
 3826  alternatives to fee simple acquisition to bring the remaining
 3827  projects in their acquisition plans under public protection. For
 3828  the purposes of this subsection, the term “alternatives to fee
 3829  simple acquisition” includes, but is not limited to: purchase of
 3830  development rights; obtaining conservation easements; obtaining
 3831  flowage easements; purchase of timber rights, mineral rights, or
 3832  hunting rights; purchase of agricultural interests or
 3833  silvicultural interests; entering into land protection
 3834  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 3835  simple acquisitions with reservations; creating life estates; or
 3836  any other acquisition technique that which achieves the public
 3837  policy goals listed in paragraph (a). It is presumed that a
 3838  private landowner retains the full range of uses for all the
 3839  rights or interests in the landowner’s land which are not
 3840  specifically acquired by the public agency. The lands upon which
 3841  hunting rights are specifically acquired pursuant to this
 3842  paragraph shall be available for hunting in accordance with the
 3843  management plan or hunting regulations adopted by the Florida
 3844  Fish and Wildlife Conservation Commission, unless the hunting
 3845  rights are purchased specifically to protect activities on
 3846  adjacent lands.
 3847         Section 190. Paragraph (c) of subsection (3) of section
 3848  259.101, Florida Statutes, is amended to read:
 3849         259.101 Florida Preservation 2000 Act.—
 3850         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 3851  of issuance, the costs of funding reserve accounts, and other
 3852  costs with respect to the bonds, the proceeds of bonds issued
 3853  pursuant to this act shall be deposited into the Florida
 3854  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 3855  year 2000-2001, for each Florida Preservation 2000 program
 3856  described in paragraphs (a)-(g), that portion of each program’s
 3857  total remaining cash balance which, as of June 30, 2000, is in
 3858  excess of that program’s total remaining appropriation balances
 3859  shall be redistributed by the department and deposited into the
 3860  Save Our Everglades Trust Fund for land acquisition. For
 3861  purposes of calculating the total remaining cash balances for
 3862  this redistribution, the Florida Preservation 2000 Series 2000
 3863  bond proceeds, including interest thereon, and the fiscal year
 3864  1999-2000 General Appropriations Act amounts shall be deducted
 3865  from the remaining cash and appropriation balances,
 3866  respectively. The remaining proceeds shall be distributed by the
 3867  Department of Environmental Protection in the following manner:
 3868         (c) Ten percent to the Department of Community Affairs to
 3869  provide land acquisition grants and loans to local governments
 3870  through the Florida Communities Trust pursuant to part III of
 3871  chapter 380. From funds allocated to the trust, $3 million
 3872  annually shall be used by the Division of State Lands within the
 3873  Department of Environmental Protection to implement the Green
 3874  Swamp Land Protection Initiative specifically for the purchase
 3875  of conservation easements, as defined in s. 380.0677(3) s.
 3876  380.0677(4), of lands, or severable interests or rights in
 3877  lands, in the Green Swamp Area of Critical State Concern. From
 3878  funds allocated to the trust, $3 million annually shall be used
 3879  by the Monroe County Comprehensive Plan Land Authority
 3880  specifically for the purchase of a any real property interest in
 3881  either those lands subject to the Rate of Growth Ordinances
 3882  adopted by local governments in Monroe County or those lands
 3883  within the boundary of an approved Conservation and Recreation
 3884  Lands project located within the Florida Keys or Key West Areas
 3885  of Critical State Concern; however, title to lands acquired
 3886  within the boundary of an approved Conservation and Recreation
 3887  Lands project may, in accordance with an approved joint
 3888  acquisition agreement, vest in the Board of Trustees of the
 3889  Internal Improvement Trust Fund. Of the remaining funds
 3890  allocated to the trust after the above transfers occur, one-half
 3891  shall be matched by local governments on a dollar-for-dollar
 3892  basis. To the extent allowed by federal requirements for the use
 3893  of bond proceeds, the trust shall expend Preservation 2000 funds
 3894  to carry out the purposes of part III of chapter 380.
 3896  Local governments may use federal grants or loans, private
 3897  donations, or environmental mitigation funds, including
 3898  environmental mitigation funds required pursuant to s. 338.250,
 3899  for any part or all of any local match required for the purposes
 3900  described in this subsection. Bond proceeds allocated pursuant
 3901  to paragraph (c) may be used to purchase lands on the priority
 3902  lists developed pursuant to s. 259.035. Title to lands purchased
 3903  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 3904  vested in the Board of Trustees of the Internal Improvement
 3905  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 3906  may be vested in the Board of Trustees of the Internal
 3907  Improvement Trust Fund. The board of trustees shall hold title
 3908  to land protection agreements and conservation easements that
 3909  were or will be acquired pursuant to s. 380.0677, and the
 3910  Southwest Florida Water Management District and the St. Johns
 3911  River Water Management District shall monitor such agreements
 3912  and easements within their respective districts until the state
 3913  assumes this responsibility.
 3914         Section 191. Subsections (1) and (5) of section 369.305,
 3915  Florida Statutes, are amended to read:
 3916         369.305 Review of local comprehensive plans, land
 3917  development regulations, Wekiva River development permits, and
 3918  amendments.—
 3919         (1) It is the intent of the Legislature that comprehensive
 3920  plans and land development regulations of Orange, Lake, and
 3921  Seminole Counties be revised to protect the Wekiva River
 3922  Protection Area prior to the due dates established in ss.
 3923  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 3924  Administrative Code. It is also the intent of the Legislature
 3925  that Orange, Lake, and Seminole the Counties emphasize the
 3926  Wekiva River Protection Area this important state resource in
 3927  their planning and regulation efforts. Therefore, each county’s
 3928  county shall, by April 1, 1989, review and amend those portions
 3929  of its local comprehensive plan and its land development
 3930  regulations applicable to the Wekiva River Protection Area must,
 3931  and, if necessary, adopt additional land development regulations
 3932  which are applicable to the Wekiva River Protection Area to meet
 3933  the following criteria:
 3934         (a) Each county’s local comprehensive plan must shall
 3935  contain goals, policies, and objectives that which result in the
 3936  protection of the:
 3937         1. Water quantity, water quality, and hydrology of the
 3938  Wekiva River System;
 3939         2. Wetlands associated with the Wekiva River System;
 3940         3. Aquatic and wetland-dependent wildlife species
 3941  associated with the Wekiva River System;
 3942         4. Habitat within the Wekiva River Protection Area of
 3943  species designated pursuant to rules 39-27.003, 39-27.004, and
 3944  39-27.005, Florida Administrative Code; and
 3945         5. Native vegetation within the Wekiva River Protection
 3946  Area.
 3947         (b) The various land uses and densities and intensities of
 3948  development permitted by the local comprehensive plan shall
 3949  protect the resources enumerated in paragraph (a) and the rural
 3950  character of the Wekiva River Protection Area. The plan must
 3951  shall also include:
 3952         1. Provisions that to ensure the preservation of sufficient
 3953  habitat for feeding, nesting, roosting, and resting so as to
 3954  maintain viable populations of species designated pursuant to
 3955  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 3956  Administrative Code, within the Wekiva River Protection Area.
 3957         2. Restrictions on the clearing of native vegetation within
 3958  the 100-year flood plain.
 3959         3. Prohibition of development that is not low-density
 3960  residential in nature, unless the that development has less
 3961  effect impacts on natural resources than low-density residential
 3962  development.
 3963         4. Provisions for setbacks along the Wekiva River for areas
 3964  that do not fall within the protection zones established
 3965  pursuant to s. 373.415.
 3966         5. Restrictions on intensity of development adjacent to
 3967  publicly owned lands to prevent adverse impacts to such lands.
 3968         6. Restrictions on filling and alteration of wetlands in
 3969  the Wekiva River Protection Area.
 3970         7. Provisions encouraging clustering of residential
 3971  development if when it promotes protection of environmentally
 3972  sensitive areas, and ensures ensuring that residential
 3973  development in the aggregate are shall be of a rural in density
 3974  and character.
 3975         (c) The local comprehensive plan must shall require that
 3976  the density or intensity of development permitted on parcels of
 3977  property adjacent to the Wekiva River System be concentrated on
 3978  those portions of the parcels which are the farthest from the
 3979  surface waters and wetlands of the Wekiva River System.
 3980         (d) The local comprehensive plan must shall require that
 3981  parcels of land adjacent to the surface waters and watercourses
 3982  of the Wekiva River System not be subdivided so as to interfere
 3983  with the implementation of protection zones as established
 3984  pursuant to s. 373.415, any applicable setbacks from the surface
 3985  waters in the Wekiva River System which are established by local
 3986  governments, or the policy established in paragraph (c) of
 3987  concentrating development in the Wekiva River Protection Area as
 3988  far from the surface waters and wetlands of the Wekiva River
 3989  System as practicable.
 3990         (e) The local land development regulations must shall
 3991  implement the provisions of paragraphs (a), (b), (c), and (d)
 3992  and must shall also include restrictions on the location of
 3993  septic tanks and drainfields in the 100-year flood plain and
 3994  discharges of stormwater to the Wekiva River System.
 3995         (5) During the period of time between the effective date of
 3996  this act and the due date of a county’s revised local government
 3997  comprehensive plan as established by s. 163.3167(2) and chapter
 3998  9J-12, Florida Administrative Code, any local comprehensive plan
 3999  amendment or amendment to a land development regulation, adopted
 4000  or issued by a county, which applies to the Wekiva River
 4001  Protection Area, or any Wekiva River development permit adopted
 4002  by a county, solely within protection zones established pursuant
 4003  to s. 373.415, shall be sent to the department within 10 days
 4004  after its adoption or issuance by the local governing body but
 4005  shall not become effective until certified by the department as
 4006  being in compliance with purposes described in subsection (1).
 4007  The department shall make its decision on certification within
 4008  60 days after receipt of the amendment or development permit
 4009  solely within protection zones established pursuant to s.
 4010  373.415. The department’s decision on certification shall be
 4011  final agency action. This subsection shall not apply to any
 4012  amendments or new land development regulations adopted pursuant
 4013  to subsections (1)-(4) or to any development order approving,
 4014  approving with conditions, or denying a development of regional
 4015  impact.
 4016         Section 192. Paragraph (g) of subsection (1) of section
 4017  379.2431, Florida Statutes, is amended to read:
 4018         379.2431 Marine animals; regulation.—
 4020         (g) The Department of Environmental Protection may
 4021  condition the nature, timing, and sequence of construction of
 4022  permitted activities to provide protection to nesting marine
 4023  turtles and hatchlings and their habitat pursuant to s.
 4024  161.053(4) the provisions of s. 161.053(5). If When the
 4025  department is considering a permit for a beach restoration,
 4026  beach renourishment, or inlet sand transfer project and the
 4027  applicant has had an active marine turtle nest relocation
 4028  program or the applicant has agreed to and has the ability to
 4029  administer a program, the department may must not restrict the
 4030  timing of the project. If Where appropriate, the department, in
 4031  accordance with the applicable rules of the Fish and Wildlife
 4032  Conservation Commission, shall require as a condition of the
 4033  permit that the applicant relocate and monitor all turtle nests
 4034  that would be affected by the beach restoration, beach
 4035  renourishment, or sand transfer activities. Such relocation and
 4036  monitoring activities shall be conducted in a manner that
 4037  ensures successful hatching. This limitation on the department’s
 4038  authority applies only on the Atlantic coast of Florida.
 4039         Section 193. Section 381.732, Florida Statutes, is amended
 4040  to read:
 4041         381.732 Short title; Healthy Communities, Healthy People
 4042  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 4043  the “Healthy Communities, Healthy People Act.”
 4044         Section 194. Section 381.733, Florida Statutes, is amended
 4045  to read:
 4046         381.733 Definitions relating to Healthy Communities,
 4047  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 4048  381.734, the term:
 4049         (1) “Department” means the Department of Health.
 4050         (2) “Primary prevention” means interventions directed
 4051  toward healthy populations with a focus on avoiding disease
 4052  before it occurs prior to its occurrence.
 4053         (3) “Secondary prevention” means interventions designed to
 4054  promote the early detection and treatment of diseases and to
 4055  reduce the risks experienced by at-risk populations.
 4056         (4) “Tertiary prevention” means interventions directed at
 4057  rehabilitating and minimizing the effects of disease in a
 4058  chronically ill population.
 4059         Section 195. Paragraph (d) of subsection (5) of section
 4060  411.01, Florida Statutes, is amended to read:
 4061         411.01 School readiness programs; early learning
 4062  coalitions.—
 4064         (d) Implementation.—
 4065         1. An early learning coalition may not implement the school
 4066  readiness program until the coalition is authorized through
 4067  approval of the coalition’s school readiness plan is approved by
 4068  the Agency for Workforce Innovation.
 4069         2. Each early learning coalition shall develop a plan for
 4070  implementing the school readiness program to meet the
 4071  requirements of this section and the performance standards and
 4072  outcome measures adopted by the Agency for Workforce Innovation.
 4073  The plan must demonstrate how the program will ensure that each
 4074  3-year-old and 4-year-old child in a publicly funded school
 4075  readiness program receives scheduled activities and instruction
 4076  designed to enhance the age-appropriate progress of the children
 4077  in attaining the performance standards adopted by the agency for
 4078  Workforce Innovation under subparagraph (4)(d)8. Before
 4079  implementing the school readiness program, the early learning
 4080  coalition must submit the plan to the agency for Workforce
 4081  Innovation for approval. The agency for Workforce Innovation may
 4082  approve the plan, reject the plan, or approve the plan with
 4083  conditions. The agency for Workforce Innovation shall review
 4084  school readiness plans at least annually.
 4085         3. If the Agency for Workforce Innovation determines during
 4086  the annual review of school readiness plans, or through
 4087  monitoring and performance evaluations conducted under paragraph
 4088  (4)(l), that an early learning coalition has not substantially
 4089  implemented its plan, has not substantially met the performance
 4090  standards and outcome measures adopted by the agency, or has not
 4091  effectively administered the school readiness program or
 4092  Voluntary Prekindergarten Education Program, the agency for
 4093  Workforce Innovation may dissolve the coalition and temporarily
 4094  contract with a qualified entity to continue school readiness
 4095  and prekindergarten services in the coalition’s county or
 4096  multicounty region until the coalition is reestablished through
 4097  resubmission of a school readiness plan and approval by the
 4098  agency.
 4099         4. The Agency for Workforce Innovation shall adopt criteria
 4100  for the approval of school readiness plans. The criteria must be
 4101  consistent with the performance standards and outcome measures
 4102  adopted by the agency and must require each approved plan to
 4103  include the following minimum standards and provisions:
 4104         a. A sliding fee scale establishing a copayment for parents
 4105  based upon their ability to pay, which is the same for all
 4106  program providers, to be implemented and reflected in each
 4107  program’s budget.
 4108         b. A choice of settings and locations in licensed,
 4109  registered, religious-exempt, or school-based programs to be
 4110  provided to parents.
 4111         c. Instructional staff who have completed the training
 4112  course as required in s. 402.305(2)(d)1., as well as staff who
 4113  have additional training or credentials as required by the
 4114  Agency for Workforce Innovation. The plan must provide a method
 4115  for assuring the qualifications of all personnel in all program
 4116  settings.
 4117         d. Specific eligibility priorities for children within the
 4118  early learning coalition’s county or multicounty region in
 4119  accordance with subsection (6).
 4120         e. Performance standards and outcome measures adopted by
 4121  the agency for Workforce Innovation.
 4122         f. Payment rates adopted by the early learning coalition
 4123  and approved by the agency for Workforce Innovation. Payment
 4124  rates may not have the effect of limiting parental choice or
 4125  creating standards or levels of services that have not been
 4126  authorized by the Legislature.
 4127         g. Systems support services, including a central agency,
 4128  child care resource and referral, eligibility determinations,
 4129  training of providers, and parent support and involvement.
 4130         h. Direct enhancement services to families and children.
 4131  System support and direct enhancement services shall be in
 4132  addition to payments for the placement of children in school
 4133  readiness programs.
 4134         i. The business organization of the early learning
 4135  coalition, which must include the coalition’s articles of
 4136  incorporation and bylaws if the coalition is organized as a
 4137  corporation. If the coalition is not organized as a corporation
 4138  or other business entity, the plan must include the contract
 4139  with a fiscal agent. An early learning coalition may contract
 4140  with other coalitions to achieve efficiency in multicounty
 4141  services, and these contracts may be part of the coalition’s
 4142  school readiness plan.
 4143         j. Strategies to meet the needs of unique populations, such
 4144  as migrant workers.
 4146  As part of the school readiness plan, the early learning
 4147  coalition may request the Governor to apply for a waiver to
 4148  allow the coalition to administer the Head Start Program to
 4149  accomplish the purposes of the school readiness program. If a
 4150  school readiness plan demonstrates that specific statutory goals
 4151  can be achieved more effectively by modifying using procedures
 4152  that require modification of existing rules, policies, or
 4153  procedures, a request for a waiver to the Agency for Workforce
 4154  Innovation may be submitted as part of the plan. Upon review,
 4155  the agency for Workforce Innovation may grant the proposed
 4156  modification.
 4157         5. Persons with an early childhood teaching certificate may
 4158  provide support and supervision to other staff in the school
 4159  readiness program.
 4160         6. An early learning coalition may not implement its school
 4161  readiness plan until it submits the plan to and receives
 4162  approval from the Agency for Workforce Innovation. Once the plan
 4163  is approved, the plan and the services provided under the plan
 4164  shall be controlled by the early learning coalition. The plan
 4165  shall be reviewed and revised as necessary, but at least
 4166  biennially. An early learning coalition may not implement the
 4167  revisions until the coalition submits the revised plan to and
 4168  receives approval from the agency for Workforce Innovation. If
 4169  the agency for Workforce Innovation rejects a revised plan, the
 4170  coalition must continue to operate under its prior approved
 4171  plan.
 4172         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 4173  apply to an early learning coalition with an approved school
 4174  readiness plan. To facilitate innovative practices and to allow
 4175  the regional establishment of school readiness programs, an
 4176  early learning coalition may apply to the Governor and Cabinet
 4177  for a waiver of, and the Governor and Cabinet may waive, any of
 4178  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 4179  waiver is necessary for implementation of the coalition’s school
 4180  readiness plan.
 4181         8. Two or more counties may join for purposes of planning
 4182  and implementing a school readiness program.
 4183         9. An early learning coalition may, subject to approval by
 4184  the Agency for Workforce Innovation as part of the coalition’s
 4185  school readiness plan, receive subsidized child care funds for
 4186  all children eligible for any federal subsidized child care
 4187  program.
 4188         10. An early learning coalition may enter into multiparty
 4189  contracts with multicounty service providers in order to meet
 4190  the needs of unique populations such as migrant workers.
 4191         Section 196. Paragraph (a) of subsection (3) of section
 4192  411.232, Florida Statutes, is amended to read:
 4193         411.232 Children’s Early Investment Program.—
 4194         (3) ESSENTIAL ELEMENTS.—
 4195         (a) Initially, the program shall be directed to geographic
 4196  areas where at-risk young children and their families are in
 4197  greatest need because of an unfavorable combination of economic,
 4198  social, environmental, and health factors, including, without
 4199  limitation, extensive poverty, high crime rate, great incidence
 4200  of low birthweight babies, high incidence of alcohol and drug
 4201  abuse, and high rates of teenage pregnancy. The selection of a
 4202  geographic site must shall also consider the incidence of young
 4203  children within these at-risk geographic areas who are cocaine
 4204  babies, children of single mothers who receive temporary cash
 4205  assistance, children of teenage parents, low birthweight babies,
 4206  and very young foster children. To receive funding under this
 4207  section, an agency, board, council, or provider must
 4208  demonstrate:
 4209         1. Its capacity to administer and coordinate the programs
 4210  and services in a comprehensive manner and provide a flexible
 4211  range of services;
 4212         2. Its capacity to identify and serve those children least
 4213  able to access existing programs and case management services;
 4214         3. Its capacity to administer and coordinate the programs
 4215  and services in an intensive and continuous manner;
 4216         4. The proximity of its facilities to young children,
 4217  parents, and other family members to be served by the program,
 4218  or its ability to provide offsite services;
 4219         5. Its ability to use existing federal, state, and local
 4220  governmental programs and services in implementing the
 4221  investment program;
 4222         6. Its ability to coordinate activities and services with
 4223  existing public and private, state and local agencies and
 4224  programs such as those responsible for health, education, social
 4225  support, mental health, child care, respite care, housing,
 4226  transportation, alcohol and drug abuse treatment and prevention,
 4227  income assistance, employment training and placement, nutrition,
 4228  and other relevant services, all the foregoing intended to
 4229  assist children and families at risk;
 4230         7. How its plan will involve project participants and
 4231  community representatives in the planning and operation of the
 4232  investment program; and
 4233         8. Its ability to participate in the evaluation component
 4234  required in this section.; and
 4235         9. Its consistency with the strategic plan pursuant to s.
 4236  411.221.
 4237         Section 197. Paragraph (a) of subsection (6) of section
 4238  445.006, Florida Statutes, is amended to read:
 4239         445.006 Strategic and operational plans for workforce
 4240  development.—
 4241         (6)(a) The operational plan must include strategies that
 4242  are designed to prevent or reduce the need for a person to
 4243  receive public assistance, including. These strategies must
 4244  include:
 4245         1. A teen pregnancy prevention component that includes, but
 4246  is not limited to, a plan for implementing the Florida Education
 4247  Now and Babies Later (ENABL) program under s. 411.242 and the
 4248  Teen Pregnancy Prevention Community Initiative within each
 4249  county of the services area in which the teen birth rate is
 4250  higher than the state average;
 4251         2. A component that encourages creation of community-based
 4252  welfare prevention and reduction initiatives that increase
 4253  support provided by noncustodial parents to their welfare
 4254  dependent children and are consistent with program and financial
 4255  guidelines developed by Workforce Florida, Inc., and the
 4256  Commission on Responsible Fatherhood. These initiatives may
 4257  include, but are not limited to, improved paternity
 4258  establishment, work activities for noncustodial parents,
 4259  programs aimed at decreasing out-of-wedlock pregnancies,
 4260  encouraging involvement of fathers with their children including
 4261  court-ordered supervised visitation, and increasing child
 4262  support payments;
 4263         3. A component that encourages formation and maintenance of
 4264  two-parent families through, among other things, court-ordered
 4265  supervised visitation;
 4266         4. A component that fosters responsible fatherhood in
 4267  families receiving assistance; and
 4268         5. A component that fosters provision of services that
 4269  reduce the incidence and effects of domestic violence on women
 4270  and children in families receiving assistance.
 4271         Section 198. Subsections (24), (25), and (26) of section
 4272  1001.42, Florida Statutes, are amended to read:
 4273         1001.42 Powers and duties of district school board.—The
 4274  district school board, acting as a board, shall exercise all
 4275  powers and perform all duties listed below:
 4277  REQUIREMENTS.—Beginning with the 2006-2007 school year:
 4278         (a) Each district school board shall designate a classroom
 4279  teacher to serve as the teacher representative to speak on
 4280  behalf of the district’s teachers regarding paperwork and data
 4281  collection reduction.
 4282         (b) Each district school board must provide the school
 4283  community with an efficient method for the school community to
 4284  communicate with the classroom teacher designee regarding
 4285  possible paperwork and data collection burdens and potential
 4286  solutions.
 4287         (c) The teacher designee shall annually report his or her
 4288  findings and potential solutions to the school board.
 4289         (d) Each district school board must submit its findings and
 4290  potential solutions to the State Board of Education by September
 4291  1 of each year.
 4292         (e) The State Board of Education shall prepare a report of
 4293  the statewide paperwork and data collection findings and
 4294  potential solutions and submit the report to the Governor, the
 4295  President of the Senate, and the Speaker of the House of
 4296  Representatives by October 1 of each year.
 4297         (24)(25) EMPLOYMENT CONTRACTS.— A district school board may
 4298  not enter into an employment contract that requires the district
 4299  to pay from state funds an employee an amount in excess of 1
 4300  year of the employee’s annual salary for termination, buyout, or
 4301  any other type of contract settlement. This subsection does not
 4302  prohibit the payment of earned leave and benefits in accordance
 4303  with the district’s leave and benefits policies which were
 4304  accrued by the employee before the contract terminates.
 4305         (25)(26) ADOPT RULES.—Adopt rules pursuant to ss.
 4306  120.536(1) and 120.54 to implement this section.
 4307         Section 199. Present paragraph (c) of subsection (3) of
 4308  section 1008.31, Florida Statutes, is redesignated as paragraph
 4309  (e), and new paragraphs (c) and (d) are added to that
 4310  subsection, to read:
 4311         1008.31 Florida’s K-20 education performance accountability
 4312  system; legislative intent; mission, goals, and systemwide
 4313  measures; data quality improvements.—
 4314         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4315  data required to implement education performance accountability
 4316  measures in state and federal law, the Commissioner of Education
 4317  shall initiate and maintain strategies to improve data quality
 4318  and timeliness. All data collected from state universities
 4319  shall, as determined by the commissioner, be integrated into the
 4320  K-20 data warehouse. The commissioner shall have unlimited
 4321  access to such data solely for the purposes of conducting
 4322  studies, reporting annual and longitudinal student outcomes, and
 4323  improving college readiness and articulation. All public
 4324  educational institutions shall provide data to the K-20 data
 4325  warehouse in a format specified by the commissioner.
 4326         (c) The commissioner shall continuously monitor and review
 4327  the collection of paperwork, data, and reports by school
 4328  districts and complete an annual review of such collection no
 4329  later than June 1 of each year. The annual review must include
 4330  recommendations for consolidating paperwork, data, and reports,
 4331  wherever feasible, in order to reduce the burdens on school
 4332  districts.
 4333         (d) By July 1 of each year, the commissioner shall prepare
 4334  a report assisting the school districts in eliminating or
 4335  consolidating paperwork, data, and reports by providing
 4336  suggestions, technical assistance, and guidance.
 4337         Section 200. This act shall take effect upon becoming a
 4338  law.

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