May 31, 2020
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Senate Bill 1970

Senate Bill sb1970

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    Florida Senate - 2007                                  SB 1970

    By the Committee on Governmental Operations





    585-539A-07

  1                      A bill to be entitled

  2         An act relating to exemptions from the

  3         requirements of ch. 120, F.S.; amending s.

  4         120.569, F.S.; requiring that the state provide

  5         prior notice if it intends to offer certain

  6         evidence in an administrative hearing;

  7         providing procedures for administrative

  8         hearings involving allegations of sexual

  9         misconduct by a licensed professional; amending

10         s. 120.57, F.S., relating to hearings involving

11         disputed issues of material fact; eliminating

12         certain procedures when the state offers

13         evidence involving past acts or evidence to

14         prove bad character or propensity; conforming

15         cross-references; amending s. 120.80, F.S.;

16         exempting judges of compensation claims from

17         the requirements for notice and a hearing under

18         ss. 120.569 and 120.57, F.S., when adjudicating

19         workers' compensation claims; providing that

20         judges of compensation claims are subject to

21         the rulemaking procedures of ch. 120, F.S.;

22         providing for the Office of Appeal Hearings

23         within the Department of Children and Family

24         Services rather than an administrative law

25         judge to conduct certain hearings concerning

26         the benefits provided under state public

27         assistance programs; requiring that such

28         hearings comply with certain rules of

29         procedure; deleting a requirement that

30         appellate jurisdiction for the Florida Public

31         Service Commission conform to the

                                  1

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    Florida Senate - 2007                                  SB 1970
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 1         Telecommunications Act of 1996; removing the

 2         exemption from ch. 120, F.S., provided for

 3         disqualification reviews of certified nurse

 4         assistant programs; requiring that a formal

 5         hearing be conducted by a hearing officer;

 6         eliminating the authority of the Department of

 7         Health to contract with the Department of

 8         Children and Family Services for hearing

 9         officers to conduct hearings on matters

10         involving certain federal programs administered

11         by the Department of Health; amending s.

12         120.81, F.S.; authorizing the Parole Commission

13         to require that a prisoner submit written

14         statements concerning intended action by the

15         commission rather than be publicly heard;

16         eliminating certain requirements for testimony

17         and evidence in an administrative hearing

18         involving the allegation of sexual misconduct

19         by a licensed professional; amending ss.

20         120.56, 120.65, 388.4111, 403.788, 403.9415,

21         and 627.0612, F.S., relating to challenges to

22         rules, administrative law judges, public lands,

23         final orders, disposition of applications, and

24         rating determinations; conforming

25         cross-references; amending s. 163.3177, F.S.;

26         deleting provisions exempting from review under

27         ch. 120, F.S., rules adopted by the state land

28         planning agency establishing criteria for

29         reviewing local comprehensive plans; deleting a

30         requirement that such rules be reviewed by the

31         Legislature; deleting obsolete provisions;

                                  2

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    Florida Senate - 2007                                  SB 1970
    585-539A-07




 1         amending s. 186.508, F.S.; revising the

 2         exemption for certain rules adopted by a

 3         regional planning council from rule challenge

 4         or drawout proceedings under ch. 120, F.S.;

 5         amending s. 380.06, F.S.; deleting provisions

 6         exempting from review under ch. 120, F.S.,

 7         certain rules adopted by the state land

 8         planning agency authorizing the assessment and

 9         collection of fees; amending s. 393.0661, F.S.;

10         deleting the authority of the Agency for Health

11         Care Administration to adopt rules under

12         certain circumstances governing fees,

13         reimbursement rates, lengths of stay, number of

14         visits, number of services, or enrollment

15         limits for the home and community-based

16         services delivery system of the Agency for

17         Persons with Disabilities; amending s. 393.125,

18         F.S.; requiring that the Agency for Persons

19         with Disabilities adopt rules establishing

20         guidelines for administrative hearings;

21         authorizing witnesses to appear on behalf of a

22         party by telephone or video teleconference;

23         deleting provisions authorizing certain

24         administrative hearings under ch. 120, F.S.;

25         requiring the agency to adopt certain

26         procedures governing client services provided

27         by service providers; amending s. 408.039,

28         F.S.; deleting provisions requiring that the

29         court, under certain circumstances, affirm a

30         final order by the Agency for Health Care

31         Administration when reviewing a disputed

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    Florida Senate - 2007                                  SB 1970
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 1         decision involving a certificate of need;

 2         amending s. 409.285, F.S.; clarifying that a

 3         final administrative decision regarding a

 4         public assistance program is issued in the name

 5         of the state agency that administers the

 6         program; defining the term "public assistance";

 7         amending s. 456.073, F.S.; providing that the

 8         proceedings of a probable cause panel of a

 9         board within the Department of Health which

10         meets to reconsider the original finding of

11         probable cause is subject to public-meetings

12         requirements; amending s. 458.345, F.S.;

13         clarifying provisions that subject resident

14         physicians, assistant resident physicians,

15         house physicians, interns, and fellows in

16         fellowship training to discipline by the Board

17         of Medicine; amending s. 459.021, F.S.;

18         clarifying provisions that subject resident

19         physicians, assistant resident physicians,

20         house physicians, interns, and fellows in

21         fellowship training to discipline by the Board

22         of Osteopathic Medicine; amending s. 1002.33,

23         F.S.; requiring that the decision by the State

24         Board of Education directing a district school

25         board to approve or deny an application for a

26         charter school include written findings of

27         fact; amending s. 1002.335, F.S.; requiring

28         that the decision by the State Board of

29         Education to grant a district school board

30         exclusive authority to authorize charter

31         schools within the school district include

                                  4

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    Florida Senate - 2007                                  SB 1970
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 1         written findings of fact; requiring that a

 2         decision by the Florida Schools of Excellence

 3         Commission to deny an application for a charter

 4         school or revoke approval of a cosponsor of a

 5         charter school include written findings of

 6         fact; amending s. 1002.34, F.S.; requiring that

 7         the decision by the State Board of Education to

 8         approve or deny an application for a charter

 9         technical career center include written

10         findings of fact; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Paragraph (g) of subsection (2) of section

15  120.569, Florida Statutes, is amended to read:

16         120.569  Decisions which affect substantial

17  interests.--

18         (2)

19         (g)1.  Irrelevant, immaterial, or unduly repetitious

20  evidence shall be excluded, but all other evidence of a type

21  commonly relied upon by reasonably prudent persons in the

22  conduct of their affairs shall be admissible, whether or not

23  such evidence would be admissible in a trial in the courts of

24  Florida. Any part of the evidence may be received in written

25  form, and all testimony of parties and witnesses shall be made

26  under oath.

27         2.  Notwithstanding subparagraph 1., similar fact

28  evidence of other violations, wrongs, or acts is admissible

29  when relevant to prove a material fact in issue, such as proof

30  of motive, opportunity, intent, preparation, plan, knowledge,

31  identity, or absence of mistake or accident, but it is

                                  5

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    Florida Senate - 2007                                  SB 1970
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 1  inadmissible when the evidence is relevant solely to prove bad

 2  character or propensity. When, in an administrative

 3  proceeding, the state intends to offer evidence of other acts

 4  or offenses under this subparagraph, the state shall furnish

 5  to the party whose substantial interests are being determined

 6  and whose other acts or offenses will be the subject of such

 7  evidence, not less than 10 days before commencement of the

 8  proceeding, a written statement of the acts or offenses it

 9  intends to offer which describes them and the evidence the

10  state intends to offer with particularity. Notice is not

11  required for evidence of acts or offenses which is used for

12  impeachment or on rebuttal.

13         3.  Notwithstanding subparagraph 1., in a proceeding

14  against a licensed professional or in a proceeding for

15  licensure of an applicant for professional licensure which

16  involves allegations of sexual misconduct:

17         a.  The testimony of the victim of the sexual

18  misconduct need not be corroborated.

19         b.  Specific instances of prior consensual sexual

20  activity between the victim of the sexual misconduct and any

21  person other than the offender is inadmissible, unless:

22         (I)  It is first established to the administrative law

23  judge in a proceeding in camera that the victim of the sexual

24  misconduct is mistaken as to the identity of the perpetrator

25  of the sexual misconduct; or

26         (II)  If consent by the victim of the sexual misconduct

27  is at issue and it is first established to the administrative

28  law judge in a proceeding in camera that such evidence tends

29  to establish a pattern of conduct or behavior on the part of

30  such victim which is so similar to the conduct or behavior in

31  the case that it is relevant to the issue of consent.

                                  6

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    Florida Senate - 2007                                  SB 1970
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 1         c.  Reputation evidence relating to the prior sexual

 2  conduct of a victim of sexual misconduct is inadmissible.

 3         Section 2.  Present paragraphs (e) through (n) of

 4  subsection (1) of section 120.57, Florida Statutes, are

 5  redesignated as paragraphs (d) through (m), respectively, and

 6  present paragraphs (d) and (e) of that subsection are amended,

 7  to read:

 8         120.57  Additional procedures for particular cases.--

 9         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

10  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

11         (d)  Notwithstanding s. 120.569(2)(g), similar fact

12  evidence of other violations, wrongs, or acts is admissible

13  when relevant to prove a material fact in issue, such as proof

14  of motive, opportunity, intent, preparation, plan, knowledge,

15  identity, or absence of mistake or accident, but it is

16  inadmissible when the evidence is relevant solely to prove bad

17  character or propensity. When the state in an administrative

18  proceeding intends to offer evidence of other acts or offenses

19  under this paragraph, the state shall furnish to the party

20  whose substantial interests are being determined and whose

21  other acts or offenses will be the subject of such evidence,

22  no fewer than 10 days before commencement of the proceeding, a

23  written statement of the acts or offenses it intends to offer,

24  describing them and the evidence the state intends to offer

25  with particularity. Notice is not required for evidence of

26  acts or offenses which is used for impeachment or on rebuttal.

27         (d)(e)1.  Any agency action that determines the

28  substantial interests of a party and that is based on an

29  unadopted rule is subject to de novo review by an

30  administrative law judge.

31  

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    Florida Senate - 2007                                  SB 1970
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 1         2.  The agency action shall not be presumed valid or

 2  invalid.  The agency must demonstrate that the unadopted rule:

 3         a.  Is within the powers, functions, and duties

 4  delegated by the Legislature or, if the agency is operating

 5  pursuant to authority derived from the State Constitution, is

 6  within that authority;

 7         b.  Does not enlarge, modify, or contravene the

 8  specific provisions of law implemented;

 9         c.  Is not vague, establishes adequate standards for

10  agency decisions, or does not vest unbridled discretion in the

11  agency;

12         d.  Is not arbitrary or capricious. A rule is arbitrary

13  if it is not supported by logic or the necessary facts; a rule

14  is capricious if it is adopted without thought or reason or is

15  irrational;

16         e.  Is not being applied to the substantially affected

17  party without due notice; and

18         f.  Does not impose excessive regulatory costs on the

19  regulated person, county, or city.

20         3.  The recommended and final orders in any proceeding

21  shall be governed by the provisions of paragraphs (j) (k) and

22  (k) (l), except that the administrative law judge's

23  determination regarding the unadopted rule shall not be

24  rejected by the agency unless the agency first determines from

25  a review of the complete record, and states with particularity

26  in the order, that such determination is clearly erroneous or

27  does not comply with essential requirements of law.  In any

28  proceeding for review under s. 120.68, if the court finds that

29  the agency's rejection of the determination regarding the

30  unadopted rule does not comport with the provisions of this

31  subparagraph, the agency action shall be set aside and the

                                  8

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    Florida Senate - 2007                                  SB 1970
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 1  court shall award to the prevailing party the reasonable costs

 2  and a reasonable attorney's fee for the initial proceeding and

 3  the proceeding for review.

 4         Section 3.  Paragraph (b) of subsection (1) and

 5  subsections (7), (13), and (15) of section 120.80, Florida

 6  Statutes, are amended to read:

 7         120.80  Exceptions and special requirements;

 8  agencies.--

 9         (1)  DIVISION OF ADMINISTRATIVE HEARINGS.--

10         (b)  Workers' compensation.--Notwithstanding s.

11  120.52(1), A judge of compensation claims is exempt from the

12  requirements for notice and a hearing under ss. 120.569 and

13  120.57 when, in adjudicating matters under chapter 440, but is

14  subject to the rulemaking procedures in is not an agency or

15  part of an agency for purposes of this chapter.

16         (7)  DEPARTMENT OF CHILDREN AND FAMILY

17  SERVICES.--Section 120.57(1) notwithstanding, hearings

18  required by ss. 120.569 and 120.57 concerning the denial,

19  reduction, suspension, or termination of benefits under a

20  public assistance program, as defined in s. 409.285, need not

21  be conducted by an administrative law judge assigned by the

22  division unless required otherwise by a specific law. The

23  Office of Appeal Hearings within the Department of Children

24  and Family Services may provide the hearings required by ss.

25  120.569 and 120.57 for all public assistance programs,

26  regardless of which state agency administers the program, if

27  the public assistance program is administered by the

28  department or the department has a formal interagency

29  agreement with the state agency that administers the program

30  to conduct the hearings. Hearings conducted under this

31  subsection must comply with the requirements of ss. 120.569

                                  9

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    Florida Senate - 2007                                  SB 1970
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 1  and 120.57 and the uniform rules of procedure, except to the

 2  extent that the department has adopted rules pursuant to s.

 3  409.28 and has been granted exceptions to the uniform rules of

 4  procedure as provided in s. 120.54. Notwithstanding s.

 5  120.57(1)(a), hearings conducted within the Department of

 6  Children and Family Services in the execution of those social

 7  and economic programs administered by the former Division of

 8  Family Services of the former Department of Health and

 9  Rehabilitative Services prior to the reorganization effected

10  by chapter 75-48, Laws of Florida, need not be conducted by an

11  administrative law judge assigned by the division.

12         (13)  FLORIDA PUBLIC SERVICE COMMISSION.--

13         (a)  Agency statements that relate to cost-recovery

14  clauses, factors, or mechanisms implemented pursuant to

15  chapter 366, relating to public utilities, are exempt from the

16  provisions of s. 120.54(1)(a).

17         (b)  Notwithstanding ss. 120.569 and 120.57, a hearing

18  on an objection to proposed action of the Florida Public

19  Service Commission may only address the issues in dispute.

20  Issues in the proposed action which are not in dispute are

21  deemed stipulated.

22         (c)  The Florida Public Service Commission is exempt

23  from the time limitations in s. 120.60(1) when issuing a

24  license.

25         (d)  Notwithstanding the provisions of this chapter, in

26  implementing the Telecommunications Act of 1996, Pub. L. No.

27  104-104, the Public Service Commission is authorized to employ

28  procedures consistent with that act.

29         (e)  Notwithstanding the provisions of this chapter, s.

30  350.128, or s. 364.381, appellate jurisdiction for Public

31  Service Commission decisions that implement the

                                  10

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    Florida Senate - 2007                                  SB 1970
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 1  Telecommunications Act of 1996, Pub. L. No. 104-104, shall be

 2  consistent with the provisions of that act.

 3         (e)(f)  Notwithstanding any provision of this chapter,

 4  all public utilities and companies regulated by the Public

 5  Service Commission shall be entitled to proceed under the

 6  interim rate provisions of chapter 364 or the procedures for

 7  interim rates contained in chapter 74-195, Laws of Florida, or

 8  as otherwise provided by law.

 9         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

10  120.57(1)(a), formal hearings may not be conducted by the

11  Secretary of Health, the Secretary of Health Care

12  Administration, or a board or member of a board within the

13  Department of Health or the Agency for Health Care

14  Administration for matters relating to the regulation of

15  professions, as defined by chapter 456. Notwithstanding s.

16  120.57(1)(a), hearings conducted within the Department of

17  Health in execution of the Special Supplemental Nutrition

18  Program for Women, Infants, and Children; Child Care Food

19  Program; Children's Medical Services Program; and the Brain

20  and Spinal Cord Injury Program; and the exemption from

21  disqualification reviews for certified nurse assistants

22  program need not be conducted by an administrative law judge

23  assigned by the division. The Department of Health may

24  contract with the Department of Children and Family Services

25  for a hearing officer in these matters.

26         Section 4.  Subsection (3) of section 120.81, Florida

27  Statutes, is amended, present subsections (5) and (6) of that

28  section are redesignated as subsections (4) and (5),

29  respectively, and present subsection (4) of that section is

30  amended, to read:

31  

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    Florida Senate - 2007                                  SB 1970
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 1         120.81  Exceptions and special requirements; general

 2  areas.--

 3         (3)  PRISONERS AND PAROLEES.--

 4         (a)  Notwithstanding s. 120.52(12), prisoners, as

 5  defined by s. 944.02, shall not be considered parties in any

 6  proceedings other than those under s. 120.54(3)(c) or (7), and

 7  may not seek judicial review under s. 120.68 of any other

 8  agency action. Prisoners are not eligible to seek an

 9  administrative determination of an agency statement under s.

10  120.56(4). Parolees shall not be considered parties for

11  purposes of agency action or judicial review when the

12  proceedings relate to the rescission or revocation of parole.

13         (b)  Notwithstanding s. 120.54(3)(c), prisoners, as

14  defined by s. 944.02, may be limited by the Department of

15  Corrections or the Parole Commission to an opportunity to

16  present evidence and argument on issues under consideration by

17  submission of written statements concerning intended action on

18  any department or commission rule.

19         (c)  Notwithstanding ss. 120.569 and 120.57, in a

20  preliminary hearing for revocation of parole, no less than 7

21  days' notice of hearing shall be given.

22         (4)  REGULATION OF PROFESSIONS.--Notwithstanding s.

23  120.569(2)(g), in a proceeding against a licensed professional

24  or in a proceeding for licensure of an applicant for

25  professional licensure which involves allegations of sexual

26  misconduct:

27         (a)  The testimony of the victim of the sexual

28  misconduct need not be corroborated.

29         (b)  Specific instances of prior consensual sexual

30  activity between the victim of the sexual misconduct and any

31  person other than the offender is inadmissible, unless:

                                  12

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 1         1.  It is first established to the administrative law

 2  judge in a proceeding in camera that the victim of the sexual

 3  misconduct is mistaken as to the identity of the perpetrator

 4  of the sexual misconduct; or

 5         2.  If consent by the victim of the sexual misconduct

 6  is at issue and it is first established to the administrative

 7  law judge in a proceeding in camera that such evidence tends

 8  to establish a pattern of conduct or behavior on the part of

 9  such victim which is so similar to the conduct or behavior in

10  the case that it is relevant to the issue of consent.

11         (c)  Reputation evidence relating to the prior sexual

12  conduct of a victim of sexual misconduct is inadmissible.

13         Section 5.  Paragraphs (e) and (f) of subsection (4) of

14  section 120.56, Florida Statutes, are amended to read:

15         120.56  Challenges to rules.--

16         (4)  CHALLENGING AGENCY STATEMENTS DEFINED AS RULES;

17  SPECIAL PROVISIONS.--

18         (e)1.  If, prior to a final hearing to determine

19  whether all or part of any agency statement violates s.

20  120.54(1)(a), an agency publishes, pursuant to s.

21  120.54(3)(a), proposed rules that address the statement, then

22  for purposes of this section, a presumption is created that

23  the agency is acting expeditiously and in good faith to adopt

24  rules that address the statement, and the agency shall be

25  permitted to rely upon the statement or a substantially

26  similar statement as a basis for agency action if the

27  statement meets the requirements of s. 120.57(1)(d) s.

28  120.57(1)(e).

29         2.  If, prior to the final hearing to determine whether

30  all or part of an agency statement violates s. 120.54(1)(a),

31  an agency publishes a notice of rule development which

                                  13

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 1  addresses the statement pursuant to s. 120.54(2), or certifies

 2  that such a notice has been transmitted to the Florida

 3  Administrative Weekly for publication, then such publication

 4  shall constitute good cause for the granting of a stay of the

 5  proceedings and a continuance of the final hearing for 30

 6  days. If the agency publishes proposed rules within this

 7  30-day period or any extension of that period granted by an

 8  administrative law judge upon showing of good cause, then the

 9  administrative law judge shall place the case in abeyance

10  pending the outcome of rulemaking and any proceedings

11  involving challenges to proposed rules pursuant to subsection

12  (2).

13         3.  If, following the commencement of the final hearing

14  and prior to entry of a final order that all or part of an

15  agency statement violates s. 120.54(1)(a), an agency

16  publishes, pursuant to s. 120.54(3)(a), proposed rules that

17  address the statement and proceeds expeditiously and in good

18  faith to adopt rules that address the statement, the agency

19  shall be permitted to rely upon the statement or a

20  substantially similar statement as a basis for agency action

21  if the statement meets the requirements of s. 120.57(1)(d) s.

22  120.57(1)(e).

23         4.  If an agency fails to adopt rules that address the

24  statement within 180 days after publishing proposed rules, for

25  purposes of this subsection, a presumption is created that the

26  agency is not acting expeditiously and in good faith to adopt

27  rules. If the agency's proposed rules are challenged pursuant

28  to subsection (2), the 180-day period for adoption of rules is

29  tolled until a final order is entered in that proceeding.

30         5.  If the proposed rules addressing the challenged

31  statement are determined to be an invalid exercise of

                                  14

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 1  delegated legislative authority as defined in s.

 2  120.52(8)(b)-(f), the agency must immediately discontinue

 3  reliance on the statement and any substantially similar

 4  statement until the rules addressing the subject are properly

 5  adopted.

 6         (f)  All proceedings to determine a violation of s.

 7  120.54(1)(a) shall be brought pursuant to this subsection. A

 8  proceeding pursuant to this subsection may be consolidated

 9  with a proceeding under any other section of this chapter.

10  Nothing in this paragraph shall be construed to prevent a

11  party whose substantial interests have been determined by an

12  agency action from bringing a proceeding pursuant to s.

13  120.57(1)(d) s. 120.57(1)(e).

14         Section 6.  Paragraph (d) of subsection (10) of section

15  120.65, Florida Statutes, is amended to read:

16         120.65  Administrative law judges.--

17         (10)  Not later than February 1 of each year, the

18  division shall issue a written report to the Administrative

19  Procedures Committee and the Administration Commission,

20  including at least the following information:

21         (d)  A report regarding each agency's compliance with

22  the filing requirement in s. 120.57(1)(l) s. 120.57(1)(m).

23         Section 7.  Paragraph (c) of subsection (2) of section

24  388.4111, Florida Statutes, is amended to read:

25         388.4111  Public lands; arthropod control.--

26         (2)

27         (c)  If the land management agency and the local

28  arthropod control agency are unable to agree on a public lands

29  control plan, the Florida Coordinating Council on Mosquito

30  Control may recommend a control plan to the department, which

31  shall propose a recommended public lands control plan.  If the

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 1  land management agency and the local arthropod control agency

 2  fail to agree to such recommended public lands control plan

 3  within 30 days of the rendering of such plan, either agency

 4  may petition the Land and Water Adjudicatory Commission to

 5  determine whether the proposed control plan employs methods

 6  which are the minimum necessary and economically feasible to

 7  abate a public health or nuisance problem and which impose the

 8  least hazard to fish, wildlife, and other natural resources

 9  protected or managed in such areas. Unless both parties waive

10  their right to a hearing, the Land and Water Adjudicatory

11  Commission shall direct a hearing officer to hold a hearing

12  within the jurisdiction of the local arthropod control agency

13  pursuant to the provisions of ss. 120.569 and 120.57 and

14  submit a recommended order.  The commission shall, within 60

15  days of receipt of the recommended order, issue a final order

16  adopting a public lands control plan. Consistent with s.

17  120.57(1)(k) s. 120.57(1)(l), the commission may adopt or

18  modify the proposed control plan. The commission shall adopt

19  rules on the conduct of appeals before the commission.

20         Section 8.  Subsection (1) of section 403.788, Florida

21  Statutes, is amended to read:

22         403.788  Final disposition of application.--

23         (1)  For the purposes of issuing a final order, the

24  board shall serve as the agency head.  Within 45 days after

25  receipt of the administrative law judge's recommended order,

26  the board shall issue a final order as provided by s.

27  120.57(1)(k) s. 120.57(1)(l), approving the application in

28  whole, approving the application with such modifications or

29  conditions as the board deems appropriate, or denying the

30  issuance of a certification and stating the reasons for

31  issuance or denial.

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 1         Section 9.  Subsection (4) of section 403.9415, Florida

 2  Statutes, is amended to read:

 3         403.9415  Final disposition of application.--

 4         (4)  In determining whether an application should be

 5  approved in whole, approved with modifications or conditions,

 6  or denied, the board shall consider whether, and the extent to

 7  which, the location of the natural gas transmission pipeline

 8  corridor and the construction and maintenance of the natural

 9  gas transmission pipeline will effect a reasonable balance

10  between the need for the natural gas transmission pipeline as

11  a means of providing natural gas energy and the impact upon

12  the public and the environment resulting from the location of

13  the natural gas transmission pipeline corridor and the

14  construction, operation, and maintenance of the natural gas

15  transmission pipeline.  In effecting this balance, the board

16  shall consider, based on all relevant, competent and

17  substantial evidence in the record, subject to s. 120.57(1)(k)

18  s. 120.57(1)(l), whether and the extent to which the project

19  will:

20         (a)  Ensure natural gas delivery reliability and

21  integrity;

22         (b)  Meet the natural gas energy needs of the state in

23  an orderly and timely fashion;

24         (c)  Comply with the nonprocedural requirements of

25  agencies;

26         (d)  Adversely affect historical sites and the natural

27  environment;

28         (e)  Adversely affect the health, safety, and welfare

29  of the residents of the affected local government

30  jurisdictions;

31  

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 1         (f)  Be consistent with applicable local government

 2  comprehensive plans and land development regulations; and

 3         (g)  Avoid densely populated areas to the maximum

 4  extent feasible.  If densely populated areas cannot be

 5  avoided, locate, to the maximum extent feasible, within

 6  existing utility corridors or rights-of-way.

 7         Section 10.  Section 627.0612, Florida Statutes, is

 8  amended to read:

 9         627.0612  Administrative proceedings in rating

10  determinations.--In any proceeding to determine whether rates,

11  rating plans, or other matters governed by this part comply

12  with the law, the appellate court shall set aside a final

13  order of the office if the office has violated s. 120.57(1)(j)

14  s. 120.57(1)(k) by substituting its findings of fact for

15  findings of an administrative law judge which were supported

16  by competent substantial evidence.

17         Section 11.  Subsections (9) and (10) of section

18  163.3177, Florida Statutes, are amended to read:

19         163.3177  Required and optional elements of

20  comprehensive plan; studies and surveys.--

21         (9)  The state land planning agency shall, by February

22  15, 1986, adopt by rule minimum criteria for the review and

23  determination of compliance of the local government

24  comprehensive plan elements required by this act. Such rules

25  shall not be subject to rule challenges under s. 120.56(2) or

26  to drawout proceedings under s. 120.54(3)(c)2. Such rules

27  shall become effective only after they have been submitted to

28  the President of the Senate and the Speaker of the House of

29  Representatives for review by the Legislature no later than 30

30  days prior to the next regular session of the Legislature.  In

31  its review the Legislature may reject, modify, or take no

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 1  action relative to the rules.  The agency shall conform the

 2  rules to the changes made by the Legislature, or, if no action

 3  was taken, the agency rules shall become effective. The rule

 4  shall include criteria for determining whether:

 5         (a)  Proposed elements are in compliance with the

 6  requirements of part II, as amended by this act.

 7         (b)  Other elements of the comprehensive plan are

 8  related to and consistent with each other.

 9         (c)  The local government comprehensive plan elements

10  are consistent with the state comprehensive plan and the

11  appropriate regional policy plan pursuant to s. 186.508.

12         (d)  Certain bays, estuaries, and harbors that fall

13  under the jurisdiction of more than one local government are

14  managed in a consistent and coordinated manner in the case of

15  local governments required to include a coastal management

16  element in their comprehensive plans pursuant to paragraph

17  (6)(g).

18         (e)  Proposed elements identify the mechanisms and

19  procedures for monitoring, evaluating, and appraising

20  implementation of the plan.  Specific measurable objectives

21  are included to provide a basis for evaluating effectiveness

22  as required by s. 163.3191.

23         (f)  Proposed elements contain policies to guide future

24  decisions in a consistent manner.

25         (g)  Proposed elements contain programs and activities

26  to ensure that comprehensive plans are implemented.

27         (h)  Proposed elements identify the need for and the

28  processes and procedures to ensure coordination of all

29  development activities and services with other units of local

30  government, regional planning agencies, water management

31  districts, and state and federal agencies as appropriate.

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 1  

 2  The state land planning agency may adopt procedural rules that

 3  are consistent with this section and chapter 120 for the

 4  review of local government comprehensive plan elements

 5  required under this section.  The state land planning agency

 6  shall provide model plans and ordinances and, upon request,

 7  other assistance to local governments in the adoption and

 8  implementation of their revised local government comprehensive

 9  plans. The review and comment provisions applicable prior to

10  October 1, 1985, shall continue in effect until the criteria

11  for review and determination are adopted pursuant to this

12  subsection and the comprehensive plans required by s.

13  163.3167(2) are due.

14         (10)  The Legislature recognizes the importance and

15  significance of chapter 9J-5, Florida Administrative Code, the

16  Minimum Criteria for Review of Local Government Comprehensive

17  Plans and Determination of Compliance of the Department of

18  Community Affairs that will be used to determine compliance of

19  local comprehensive plans.  The Legislature reserved unto

20  itself the right to review chapter 9J-5, Florida

21  Administrative Code, and to reject, modify, or take no action

22  relative to this rule. Therefore, pursuant to subsection (9),

23  the Legislature hereby has reviewed chapter 9J-5, Florida

24  Administrative Code, and expresses the following legislative

25  intent:

26         (a)  The Legislature finds that in order for the

27  department to review local comprehensive plans, it is

28  necessary to define the term "consistency." Therefore, for the

29  purpose of determining whether local comprehensive plans are

30  consistent with the state comprehensive plan and the

31  appropriate regional policy plan, a local plan shall be

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 1  consistent with such plans if the local plan is "compatible

 2  with" and "furthers" such plans.  The term "compatible with"

 3  means that the local plan is not in conflict with the state

 4  comprehensive plan or appropriate regional policy plan.  The

 5  term "furthers" means to take action in the direction of

 6  realizing goals or policies of the state or regional plan.

 7  For the purposes of determining consistency of the local plan

 8  with the state comprehensive plan or the appropriate regional

 9  policy plan, the state or regional plan shall be construed as

10  a whole and no specific goal and policy shall be construed or

11  applied in isolation from the other goals and policies in the

12  plans.

13         (b)  Each local government shall review all the state

14  comprehensive plan goals and policies and shall address in its

15  comprehensive plan the goals and policies which are relevant

16  to the circumstances or conditions in its jurisdiction.  The

17  decision regarding which particular state comprehensive plan

18  goals and policies will be furthered by the expenditure of a

19  local government's financial resources in any given year is a

20  decision which rests solely within the discretion of the local

21  government. Intergovernmental coordination, as set forth in

22  paragraph (6)(h), shall be utilized to the extent required to

23  carry out the provisions of chapter 9J-5, Florida

24  Administrative Code.

25         (c)  The Legislature declares that if any portion of

26  chapter 9J-5, Florida Administrative Code, is found to be in

27  conflict with this part, the appropriate statutory provision

28  shall prevail.

29         (d)  Chapter 9J-5, Florida Administrative Code, does

30  not mandate the creation, limitation, or elimination of

31  regulatory authority, nor does it authorize the adoption or

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 1  require the repeal of any rules, criteria, or standards of any

 2  local, regional, or state agency.

 3         (e)  It is the Legislature's intent that support data

 4  or summaries thereof shall not be subject to the compliance

 5  review process, but the Legislature intends that goals and

 6  policies be clearly based on appropriate data.  The department

 7  may utilize support data or summaries thereof to aid in its

 8  determination of compliance and consistency.  The Legislature

 9  intends that the department may evaluate the application of a

10  methodology utilized in data collection or whether a

11  particular methodology is professionally accepted. However,

12  the department shall not evaluate whether one accepted

13  methodology is better than another. Chapter 9J-5, Florida

14  Administrative Code, shall not be construed to require

15  original data collection by local governments; however, local

16  governments are not to be discouraged from utilizing original

17  data so long as methodologies are professionally accepted.

18         (f)  The Legislature recognizes that under this

19  section, local governments are charged with setting levels of

20  service for public facilities in their comprehensive plans in

21  accordance with which development orders and permits will be

22  issued pursuant to s. 163.3202(2)(g).  Nothing herein shall

23  supersede the authority of state, regional, or local agencies

24  as otherwise provided by law.

25         (g)  Definitions contained in chapter 9J-5, Florida

26  Administrative Code, are not intended to modify or amend the

27  definitions utilized for purposes of other programs or rules

28  or to establish or limit regulatory authority.  Local

29  governments may establish alternative definitions in local

30  comprehensive plans, as long as such definitions accomplish

31  

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 1  the intent of this chapter, and chapter 9J-5, Florida

 2  Administrative Code.

 3         (h)  It is the intent of the Legislature that public

 4  facilities and services needed to support development shall be

 5  available concurrent with the impacts of such development in

 6  accordance with s. 163.3180.  In meeting this intent, public

 7  facility and service availability shall be deemed sufficient

 8  if the public facilities and services for a development are

 9  phased, or the development is phased, so that the public

10  facilities and those related services which are deemed

11  necessary by the local government to operate the facilities

12  necessitated by that development are available concurrent with

13  the impacts of the development.  The public facilities and

14  services, unless already available, are to be consistent with

15  the capital improvements element of the local comprehensive

16  plan as required by paragraph (3)(a) or guaranteed in an

17  enforceable development agreement.  This shall include

18  development agreements pursuant to this chapter or in an

19  agreement or a development order issued pursuant to chapter

20  380.  Nothing herein shall be construed to require a local

21  government to address services in its capital improvements

22  plan or to limit a local government's ability to address any

23  service in its capital improvements plan that it deems

24  necessary.

25         (i)  The department shall take into account the factors

26  delineated in rule 9J-5.002(2), Florida Administrative Code,

27  as it provides assistance to local governments and applies the

28  rule in specific situations with regard to the detail of the

29  data and analysis required.

30         (j)  Chapter 9J-5, Florida Administrative Code, has

31  become effective pursuant to subsection (9).  The Legislature

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 1  hereby directs the department to adopt amendments as necessary

 2  which conform chapter 9J-5, Florida Administrative Code, with

 3  the requirements of this legislative intent by October 1,

 4  1986.

 5         (k)  So that local governments are able to prepare and

 6  adopt comprehensive plans with knowledge of the rules that

 7  will be applied to determine consistency of the plans with

 8  provisions of this part, it is the intent of the Legislature

 9  that there should be no doubt as to the legal standing of

10  chapter 9J-5, Florida Administrative Code, at the close of the

11  1986 legislative session. Therefore, the Legislature declares

12  that changes made to chapter 9J-5, Florida Administrative

13  Code, prior to October 1, 1986, shall not be subject to rule

14  challenges under s. 120.56(2), or to drawout proceedings under

15  s. 120.54(3)(c)2. The entire chapter 9J-5, Florida

16  Administrative Code, as amended, shall be subject to rule

17  challenges under s. 120.56(3), as nothing herein shall be

18  construed to indicate approval or disapproval of any portion

19  of chapter 9J-5, Florida Administrative Code, not specifically

20  addressed herein.  No challenge pursuant to s. 120.56(3) may

21  be filed from July 1, 1987, through April 1, 1993. Any

22  amendments to chapter 9J-5, Florida Administrative Code,

23  exclusive of the amendments adopted prior to October 1, 1986,

24  pursuant to this act, shall be subject to the full chapter 120

25  process.  All amendments shall have effective dates as

26  provided in chapter 120 and submission to the President of the

27  Senate and Speaker of the House of Representatives shall not

28  be required.

29         (j)(l)  The state land planning agency shall consider

30  land use compatibility issues in the vicinity of all airports

31  in coordination with the Department of Transportation and

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 1  adjacent to or in close proximity to all military

 2  installations in coordination with the Department of Defense.

 3         Section 12.  Subsection (1) of section 186.508, Florida

 4  Statutes, is amended to read:

 5         186.508  Strategic regional policy plan adoption;

 6  consistency with state comprehensive plan.--

 7         (1)  Each regional planning council shall submit to the

 8  Executive Office of the Governor its proposed strategic

 9  regional policy plan on a schedule established by the

10  Executive Office of the Governor to coordinate implementation

11  of the strategic regional policy plans with the evaluation and

12  appraisal reports required by s. 163.3191.  The Executive

13  Office of the Governor, or its designee, shall review the

14  proposed strategic regional policy plan to ensure consistency

15  with the adopted state comprehensive plan and shall, within 60

16  days, provide any recommended revisions. The Governor's

17  recommended revisions shall be included in the plans in a

18  comment section. However, nothing herein shall preclude a

19  regional planning council from adopting or rejecting any or

20  all of the revisions as a part of its plan prior to the

21  effective date of the plan. The rules of a regional planning

22  council adopting its first the strategic regional policy plan

23  are shall not be subject to rule challenge under s. 120.56(2)

24  or to drawout proceedings under s. 120.54(3)(c)2., but, once

25  adopted, shall be subject to an invalidity challenge under s.

26  120.56(3) by substantially affected persons, including the

27  Executive Office of the Governor.  The rules shall be adopted

28  by the regional planning councils, and shall become effective

29  upon filing with the Department of State, notwithstanding the

30  provisions of s. 120.54(3)(e)6.

31  

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 1         Section 13.  Paragraph (d) of subsection (23) of

 2  section 380.06, Florida Statutes, is amended to read:

 3         380.06  Developments of regional impact.--

 4         (23)  ADOPTION OF RULES BY STATE LAND PLANNING

 5  AGENCY.--

 6         (d)  Regional planning agencies that perform

 7  development-of-regional-impact and Florida Quality Development

 8  review are authorized to assess and collect fees to fund the

 9  costs, direct and indirect, of conducting the review process.

10  The state land planning agency shall adopt rules to provide

11  uniform criteria for the assessment and collection of such

12  fees. The rules providing uniform criteria shall not be

13  subject to rule challenge under s. 120.56(2) or to drawout

14  proceedings under s. 120.54(3)(c)2., but, once adopted, shall

15  be subject to an invalidity challenge under s. 120.56(3) by

16  substantially affected persons. Until the state land planning

17  agency adopts a rule implementing this paragraph, rules of the

18  regional planning councils currently in effect regarding fees

19  shall remain in effect. Fees may vary in relation to the type

20  and size of a proposed project, but shall not exceed $75,000,

21  unless the state land planning agency, after reviewing any

22  disputed expenses charged by the regional planning agency,

23  determines that said expenses were reasonable and necessary

24  for an adequate regional review of the impacts of a project.

25         Section 14.  Subsection (3) of section 393.0661,

26  Florida Statutes, is amended to read:

27         393.0661  Home and community-based services delivery

28  system; comprehensive redesign.--The Legislature finds that

29  the home and community-based services delivery system for

30  persons with developmental disabilities and the availability

31  of appropriated funds are two of the critical elements in

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 1  making services available. Therefore, it is the intent of the

 2  Legislature that the Agency for Persons with Disabilities

 3  shall develop and implement a comprehensive redesign of the

 4  system.

 5         (3)  Pending the adoption of rate methodologies

 6  pursuant to nonemergency rulemaking under s. 120.54, The

 7  Agency for Health Care Administration may, at any time, adopt

 8  emergency rules under s. 120.54(4) in order to comply with

 9  subsection (4). In adopting such emergency rules, the agency

10  need not make the findings required by s. 120.54(4)(a), and

11  such rules shall be exempt from time limitations provided in

12  s. 120.54(4)(c) and shall remain in effect until replaced by

13  another emergency rule or the nonemergency adoption of the

14  rate methodology.

15         Section 15.  Section 393.125, Florida Statutes, is

16  amended to read:

17         393.125  Rulemaking authority for agency action Hearing

18  rights.--

19         (1)  Fair hearings related to issues before the Agency

20  for Persons with Disabilities shall be held before the

21  Division of Administrative Hearings.

22         (a)  The agency shall adopt rules to establish

23  guidelines for administrative hearings which are relevant to

24  the termination, suspension, reduction, or denial of client

25  services. The rules shall ensure the due-process rights of the

26  clients of the agency are consistent with Medicaid law.

27         (b)  Witnesses appearing on behalf of any party shall

28  be permitted to appear by telephone or video teleconference.

29         (1)  REVIEW OF AGENCY DECISIONS.--

30         (a)  Any developmental services applicant or client, or

31  his or her parent, guardian, guardian advocate, or authorized

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 1  representative, who has any substantial interest determined by

 2  the agency, has the right to request an administrative hearing

 3  pursuant to ss. 120.569 and 120.57.

 4         (b)  Notice of the right to an administrative hearing

 5  shall be given, both verbally and in writing, to the applicant

 6  or client, and his or her parent, guardian, guardian advocate,

 7  or authorized representative, at the same time that the agency

 8  gives the applicant or client notice of the agency's action.

 9  The notice shall be given, both verbally and in writing, in

10  the language of the client or applicant and in English.

11         (c)  A request for a hearing under this section shall

12  be made to the agency, in writing, within 30 days of the

13  applicant's or client's receipt of the notice.

14         (3)(2)  REVIEW OF PROVIDER DECISIONS.--The agency shall

15  adopt rules to establish uniform procedures guidelines for the

16  agency and service providers relevant to termination,

17  suspension, or reduction of client services by the service

18  provider. The rules shall ensure the due process rights of

19  service providers and clients.

20         Section 16.  Subsection (6) of section 408.039, Florida

21  Statutes, is amended to read:

22         408.039  Review process.--The review process for

23  certificates of need shall be as follows:

24         (6)  JUDICIAL REVIEW.--

25         (a)  A party to an administrative hearing for an

26  application for a certificate of need has the right, within

27  not more than 30 days after the date of the final order, to

28  seek judicial review in the District Court of Appeal pursuant

29  to s. 120.68.  The agency shall be a party in any such

30  proceeding.

31  

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 1         (b)  In such judicial review, the court shall affirm

 2  the final order of the agency, unless the decision is

 3  arbitrary, capricious, or not in compliance with ss.

 4  408.031-408.045.

 5         (b)(c)  The court, in its discretion, may award

 6  reasonable attorney's fees and costs to the prevailing party

 7  if the court finds that there was a complete absence of a

 8  justiciable issue of law or fact raised by the losing party.

 9         Section 17.  Section 409.285, Florida Statutes, is

10  amended to read:

11         409.285  Opportunity for hearing and appeal.--

12         (1)  If an application for public assistance is not

13  acted upon within a reasonable time after the filing of the

14  application, or is denied in whole or in part, or if an

15  assistance payment is modified or canceled, the applicant or

16  recipient may appeal the decision to the Department of

17  Children and Family Services in the manner and form prescribed

18  by the department.

19         (2)  The hearing authority may be the Secretary of

20  Children and Family Services, a panel of department officials,

21  or a hearing officer appointed for that purpose.  The hearing

22  authority is responsible for a final administrative decision

23  in the name of the state agency administering the public

24  assistance program department on all issues that have been the

25  subject of a hearing. With regard to the state agency

26  administering the public assistance program department, the

27  decision of the hearing authority is final and binding.  The

28  state agency administering the public assistance program

29  department is responsible for seeing that the decision is

30  carried out promptly.

31  

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 1         (3)  The department may adopt rules to administer this

 2  section. Rules for the Temporary Assistance for Needy Families

 3  block grant programs must be similar to the federal

 4  requirements for Medicaid programs.

 5         (4)  As used in this section, the term "public

 6  assistance" means financial assistance paid to, or on the

 7  behalf of, an individual based on Titles IV and XIX of the

 8  Social Security Act, the temporary cash assistance program,

 9  the food stamp program, the optional state supplementation

10  program, or any other program authorized in Florida Statutes

11  for the Department of Children and Family Services to provide

12  benefits to individuals.

13         Section 18.  Subsection (4) of section 456.073, Florida

14  Statutes, is amended to read:

15         456.073  Disciplinary proceedings.--Disciplinary

16  proceedings for each board shall be within the jurisdiction of

17  the department.

18         (4)  The determination as to whether probable cause

19  exists shall be made by majority vote of a probable cause

20  panel of the board, or by the department, as appropriate. Each

21  regulatory board shall provide by rule that the determination

22  of probable cause shall be made by a panel of its members or

23  by the department. Each board may provide by rule for multiple

24  probable cause panels composed of at least two members. Each

25  board may provide by rule that one or more members of the

26  panel or panels may be a former board member. The length of

27  term or repetition of service of any such former board member

28  on a probable cause panel may vary according to the direction

29  of the board when authorized by board rule. Any probable cause

30  panel must include one of the board's former or present

31  consumer members, if one is available, is willing to serve,

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 1  and is authorized to do so by the board chair. Any probable

 2  cause panel must include a present board member. Any probable

 3  cause panel must include a former or present professional

 4  board member. However, any former professional board member

 5  serving on the probable cause panel must hold an active valid

 6  license for that profession. All proceedings of the panel are

 7  exempt from s. 286.011 until 10 days after probable cause has

 8  been found to exist by the panel or until the subject of the

 9  investigation waives his or her privilege of confidentiality;

10  however, the proceedings of a probable cause panel that is

11  convened to reconsider the original finding of probable cause

12  is not exempt from s. 286.011. The probable cause panel may

13  make a reasonable request, and upon such request the

14  department shall provide such additional investigative

15  information as is necessary to the determination of probable

16  cause. A request for additional investigative information

17  shall be made within 15 days after from the date of receipt by

18  the probable cause panel of the investigative report of the

19  department or the agency. The probable cause panel or the

20  department, as may be appropriate, shall make its

21  determination of probable cause within 30 days after receipt

22  by it of the final investigative report of the department. The

23  secretary may grant extensions of the 15-day and the 30-day

24  time limits. In lieu of a finding of probable cause, the

25  probable cause panel, or the department if there is no board,

26  may issue a letter of guidance to the subject. If, within the

27  30-day time limit, as may be extended, the probable cause

28  panel does not make a determination regarding the existence of

29  probable cause or does not issue a letter of guidance in lieu

30  of a finding of probable cause, the department must make a

31  determination regarding the existence of probable cause within

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 1  10 days after the expiration of the time limit.  If the

 2  probable cause panel finds that probable cause exists, it

 3  shall direct the department to file a formal complaint against

 4  the licensee. The department shall follow the directions of

 5  the probable cause panel regarding the filing of a formal

 6  complaint. If directed to do so, the department shall file a

 7  formal complaint against the subject of the investigation and

 8  prosecute that complaint pursuant to chapter 120. However, the

 9  department may decide not to prosecute the complaint if it

10  finds that probable cause has been improvidently found by the

11  panel. In such cases, the department shall refer the matter to

12  the board. The board may then file a formal complaint and

13  prosecute the complaint pursuant to chapter 120. The

14  department shall also refer to the board any investigation or

15  disciplinary proceeding not before the Division of

16  Administrative Hearings pursuant to chapter 120 or otherwise

17  completed by the department within 1 year after the filing of

18  a complaint. The department, for disciplinary cases under its

19  jurisdiction, must establish a uniform reporting system to

20  quarterly refer to each board the status of any investigation

21  or disciplinary proceeding that is not before the Division of

22  Administrative Hearings or otherwise completed by the

23  department within 1 year after the filing of the complaint.

24  Annually, the department, in consultation with the applicable

25  probable cause panel, must establish a plan to expedite or

26  otherwise close any investigation or disciplinary proceeding

27  that is not before the Division of Administrative Hearings or

28  otherwise completed by the department within 1 year after the

29  filing of the complaint.  A probable cause panel or a board

30  may retain independent legal counsel, employ investigators,

31  and continue the investigation as it deems necessary; all

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 1  costs thereof shall be paid from a trust fund used by the

 2  department to implement this chapter. All proceedings of the

 3  probable cause panel are exempt from s. 120.525.

 4         Section 19.  Subsection (5) of section 458.345, Florida

 5  Statutes, is amended to read:

 6         458.345  Registration of resident physicians, interns,

 7  and fellows; list of hospital employees; prescribing of

 8  medicinal drugs; penalty.--

 9         (5)  Notwithstanding any provision of this section or

10  s. 120.52 to the contrary, any person who is registered under

11  this section is subject to the provisions of s. 458.331.

12         Section 20.  Subsection (8) of section 459.021, Florida

13  Statutes, is amended to read:

14         459.021  Registration of resident physicians, interns,

15  and fellows; list of hospital employees; penalty.--

16         (8)  Notwithstanding any provision of this section or

17  s. 120.52 to the contrary, any person who is registered under

18  this section is subject to the provisions of s. 459.015.

19         Section 21.  Paragraph (c) of subsection (6) of section

20  1002.33, Florida Statutes, is amended to read:

21         1002.33  Charter schools.--

22         (6)  APPLICATION PROCESS AND REVIEW.--Charter school

23  applications are subject to the following requirements:

24         (c)  An applicant may appeal any denial of that

25  applicant's application or failure to act on an application to

26  the State Board of Education no later than 30 calendar days

27  after receipt of the district school board's decision or

28  failure to act and shall notify the district school board of

29  its appeal. Any response of the district school board shall be

30  submitted to the State Board of Education within 30 calendar

31  days after notification of the appeal. Upon receipt of

                                  33

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    Florida Senate - 2007                                  SB 1970
    585-539A-07




 1  notification from the State Board of Education that a charter

 2  school applicant is filing an appeal, the Commissioner of

 3  Education shall convene a meeting of the Charter School Appeal

 4  Commission to study and make recommendations to the State

 5  Board of Education regarding its pending decision about the

 6  appeal. The commission shall forward its recommendation to the

 7  state board no later than 7 calendar days prior to the date on

 8  which the appeal is to be heard. The State Board of Education

 9  shall by majority vote accept or reject the decision of the

10  district school board no later than 90 calendar days after an

11  appeal is filed in accordance with State Board of Education

12  rule. The Charter School Appeal Commission may reject an

13  appeal submission for failure to comply with procedural rules

14  governing the appeals process. The rejection shall describe

15  the submission errors. The appellant may have up to 15

16  calendar days from notice of rejection to resubmit an appeal

17  that meets requirements of State Board of Education rule. An

18  application for appeal submitted subsequent to such rejection

19  shall be considered timely if the original appeal was filed

20  within 30 calendar days after receipt of notice of the

21  specific reasons for the district school board's denial of the

22  charter application. The State Board of Education shall remand

23  the application to the district school board with its written

24  decision that the district school board approve or deny the

25  application. The decision of the State Board of Education

26  shall include written findings of fact. The district school

27  board shall implement the decision of the State Board of

28  Education. The decision of the State Board of Education is not

29  subject to the provisions of the Administrative Procedure Act,

30  chapter 120.

31  

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    Florida Senate - 2007                                  SB 1970
    585-539A-07




 1         Section 22.  Paragraph (f) of subsection (5) and

 2  paragraph (d) of subsection (6) of section 1002.335, Florida

 3  Statutes, are amended to read:

 4         1002.335  Florida Schools of Excellence Commission.--

 5         (5)  CHARTERING AUTHORITY.--

 6         (f)  The decision of the State Board of Education

 7  pursuant to paragraph (e) shall not be subject to the

 8  provisions of chapter 120 and shall be a final action subject

 9  to judicial review by the district court of appeal. The

10  decision of the State Board of Education shall include written

11  findings of fact.

12         (6)  APPROVAL OF COSPONSORS.--

13         (d)  The commission's decision to deny an application

14  or to revoke approval of a cosponsor pursuant to subsection

15  (8) is not subject to chapter 120 and may be appealed to the

16  State Board of Education pursuant to s. 1002.33(6). The

17  decision of the commission shall include written findings of

18  fact.

19         Section 23.  Paragraph (b) of subsection (6) of section

20  1002.34, Florida Statutes, is amended to read:

21         1002.34  Charter technical career centers.--

22         (6)  SPONSOR.--A district school board or community

23  college board of trustees or a consortium of one or more of

24  each may sponsor a center in the county in which the board has

25  jurisdiction.

26         (b)  An applicant may appeal any denial of its

27  application to the State Board of Education within 30 days

28  after the sponsor's denial and shall notify the sponsor of its

29  appeal. Any response of the sponsor must be submitted to the

30  state board within 30 days after notification of the appeal.

31  The State Board of Education must, by majority vote, accept or

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    Florida Senate - 2007                                  SB 1970
    585-539A-07




 1  reject the decision of the sponsor no later than 60 days after

 2  an appeal is filed, pursuant to State Board of Education rule.

 3  The State Board of Education may reject an appeal for failure

 4  to comply with procedural rules governing the appeals process,

 5  and the rejection must describe the submission errors. The

 6  appellant may have up to 15 days after notice of rejection to

 7  resubmit an appeal. An application for appeal submitted after

 8  a rejection is timely if the original appeal was filed within

 9  30 days after the sponsor's denial. The State Board of

10  Education shall remand the application to the sponsor with a

11  written recommendation that the sponsor approve or deny the

12  application, consistent with the state board's decision. The

13  decision of the State Board of Education shall include written

14  findings of fact. The decision of the State Board of Education

15  is not subject to the provisions of chapter 120.

16         Section 24.  This act shall take effect July 1, 2007

17  

18            *****************************************

19                          SENATE SUMMARY

20    Revises and clarifies various provisions of law governing
      exemptions from the requirements of ch. 120, F.S., the
21    Administrative Procedure Act. (See bill for details.)

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  36

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