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Amendment CaShTmL-421316.HTM
    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1970
                        Barcode 421316   Comm: RCS  03/08/2007 02:13 PM       
    585-1938-07
    Proposed Committee Substitute by the Committee on Governmental
    Operations
 1                      A bill to be entitled
 2         An act relating to exemptions from the
 3         requirements of ch. 120, F.S.; amending s.
 4         24.109, F.S.; clarifying that certain emergency
 5         rules relating to the operation of lottery
 6         games and adopted by the Department of the
 7         Lottery are exempt from provisions restricting
 8         the duration of emergency rules; amending s.
 9         120.569, F.S.; requiring that the state provide
10         prior notice if it intends to offer certain
11         evidence in an administrative hearing;
12         providing procedures for administrative
13         hearings involving allegations of sexual
14         misconduct by a licensed professional; amending
15         s. 120.57, F.S., relating to hearings involving
16         disputed issues of material fact; eliminating
17         certain procedures when the state offers
18         evidence involving past acts or evidence to
19         prove bad character or propensity; conforming
20         cross-references; amending s. 120.80, F.S.;
21         exempting judges of compensation claims from
22         the requirements for notice and a hearing under
23         ss. 120.569 and 120.57, F.S., when adjudicating
24         workers' compensation claims; providing that
25         judges of compensation claims are subject to
26         the rulemaking procedures of ch. 120, F.S.;
27         providing for the Office of Appeal Hearings
28         within the Department of Children and Family
29         Services rather than an administrative law
30         judge to conduct certain hearings concerning
31         the benefits provided under state public
                                  1
    6:42 PM   02/28/07                             s1970p-go00-r3r

Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 assistance programs; requiring that such 2 hearings comply with certain rules of 3 procedure; deleting a requirement that 4 appellate jurisdiction for the Florida Public 5 Service Commission conform to the 6 Telecommunications Act of 1996; removing the 7 exemption from ch. 120, F.S., provided for 8 disqualification reviews of certified nurse 9 assistant programs; requiring that a formal 10 hearing be conducted by a hearing officer; 11 eliminating the authority of the Department of 12 Health to contract with the Department of 13 Children and Family Services for hearing 14 officers to conduct hearings on matters 15 involving certain federal programs administered 16 by the Department of Health; amending s. 17 120.81, F.S.; authorizing the Parole Commission 18 to require that a prisoner submit written 19 statements concerning intended action by the 20 commission rather than be publicly heard; 21 eliminating certain requirements for testimony 22 and evidence in an administrative hearing 23 involving the allegation of sexual misconduct 24 by a licensed professional; amending ss. 25 120.56, 120.65, 388.4111, 403.788, 403.9415, 26 and 627.0612, F.S., relating to challenges to 27 rules, administrative law judges, public lands, 28 final orders, disposition of applications, and 29 rating determinations; conforming 30 cross-references; amending s. 163.3177, F.S.; 31 deleting provisions exempting from review under 2 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 ch. 120, F.S., rules adopted by the state land 2 planning agency establishing criteria for 3 reviewing local comprehensive plans; deleting a 4 requirement that such rules be reviewed by the 5 Legislature; deleting obsolete provisions; 6 amending s. 186.508, F.S.; revising the 7 exemption for certain rules adopted by a 8 regional planning council from rule challenge 9 or drawout proceedings under ch. 120, F.S.; 10 amending s. 370.26, F.S.; deleting a provision 11 requiring the Department of Environmental 12 Protection to develop a process for 13 consolidating certain aquaculture permits; 14 amending s. 373.421, F.S.; clarifying 15 provisions relating to final agency action with 16 respect to wetlands delineation; amending s. 17 380.06, F.S.; deleting provisions exempting 18 from review under ch. 120, F.S., certain rules 19 adopted by the state land planning agency 20 authorizing the assessment and collection of 21 fees; amending s. 393.0661, F.S.; deleting the 22 authority of the Agency for Health Care 23 Administration to adopt rules under certain 24 circumstances governing fees, reimbursement 25 rates, lengths of stay, number of visits, 26 number of services, or enrollment limits for 27 the home and community-based services delivery 28 system of the Agency for Persons with 29 Disabilities; amending s. 393.125, F.S.; 30 requiring that the Agency for Persons with 31 Disabilities adopt rules establishing 3 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 guidelines for administrative hearings; 2 authorizing witnesses to appear on behalf of a 3 party by telephone or video teleconference; 4 deleting provisions authorizing certain 5 administrative hearings under ch. 120, F.S.; 6 requiring the agency to adopt certain 7 procedures governing client services provided 8 by service providers; amending s. 408.039, 9 F.S.; deleting provisions requiring that the 10 court, under certain circumstances, affirm a 11 final order by the Agency for Health Care 12 Administration when reviewing a disputed 13 decision involving a certificate of need; 14 amending s. 409.285, F.S.; clarifying that a 15 final administrative decision regarding a 16 public assistance program is issued in the name 17 of the state agency that administers the 18 program; defining the term "public assistance"; 19 amending s. 440.021, F.S., relating to 20 enforcement activities of the Division of 21 Workers' Compensation in the Department of 22 Financial Services; eliminating obsolete 23 provisions with respect to communications 24 resulting from investigations by the 25 department; eliminating obsolete provisions 26 relating to interest and penalty assessments; 27 amending s. 456.073, F.S.; providing that the 28 proceedings of a probable cause panel of a 29 board within the Department of Health which 30 meets to reconsider the original finding of 31 probable cause is subject to public-meetings 4 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 requirements; amending s. 458.345, F.S.; 2 clarifying provisions that subject resident 3 physicians, assistant resident physicians, 4 house physicians, interns, and fellows in 5 fellowship training to discipline by the Board 6 of Medicine; amending s. 459.021, F.S.; 7 clarifying provisions that subject resident 8 physicians, assistant resident physicians, 9 house physicians, interns, and fellows in 10 fellowship training to discipline by the Board 11 of Osteopathic Medicine; amending s. 497.153, 12 F.S., relating to the regulation of funeral, 13 cemetery, and consumer services by the 14 Department of Financial Services; deleting 15 provisions exempting certain decisions by the 16 department concerning investigations and 17 disciplinary matters from review under ch. 120, 18 F.S.; amending s. 538.11, F.S., relating to 19 recordkeeping requirements for secondhand 20 dealers and secondary metals recyclers; 21 deleting obsolete provisions providing for the 22 adoption of emergency rules; amending s. 23 548.07, F.S., relating to the regulation of 24 pugilistic exhibitions by the Florida State 25 Boxing Commission; clarifying duties of the 26 commission with respect to the protection of 27 the public; repealing s. 548.073, F.S., 28 relating to authorization for the commission to 29 conduct hearings; amending s. 1002.33, F.S.; 30 requiring that the decision by the State Board 31 of Education directing a district school board 5 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 to approve or deny an application for a charter 2 school include written findings of fact; 3 amending s. 1002.335, F.S.; requiring that the 4 decision by the State Board of Education to 5 grant a district school board exclusive 6 authority to authorize charter schools within 7 the school district include written findings of 8 fact; requiring that a decision by the Florida 9 Schools of Excellence Commission to deny an 10 application for a charter school or revoke 11 approval of a cosponsor of a charter school 12 include written findings of fact; amending s. 13 1002.34, F.S.; requiring that the decision by 14 the State Board of Education to approve or deny 15 an application for a charter technical career 16 center include written findings of fact; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (1) of section 24.109, Florida 22 Statutes, is amended to read: 23 24.109 Administrative procedure.-- 24 (1) The department may at any time adopt emergency 25 rules pursuant to s. 120.54. The Legislature finds that such 26 emergency rulemaking power is necessary for the preservation 27 of the rights and welfare of the people in order to provide 28 additional funds to benefit the public. The Legislature 29 further finds that the unique nature of state lottery 30 operations requires, from time to time, that the department 31 respond as quickly as is practicable to changes in the 6 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 marketplace. Therefore, in adopting such emergency rules, the 2 department need not make the findings required by s. 3 120.54(4)(a). Emergency rules adopted under this section 4 relating to the operation of lottery games are exempt from s. 5 120.54(4)(c) and shall remain in effect until replaced by 6 other emergency rules or by rules adopted under the 7 nonemergency rulemaking procedures of the Administrative 8 Procedure Act. 9 Section 2. Paragraph (g) of subsection (2) of section 10 120.569, Florida Statutes, is amended to read: 11 120.569 Decisions which affect substantial 12 interests.-- 13 (2) 14 (g)1. Irrelevant, immaterial, or unduly repetitious 15 evidence shall be excluded, but all other evidence of a type 16 commonly relied upon by reasonably prudent persons in the 17 conduct of their affairs shall be admissible, whether or not 18 such evidence would be admissible in a trial in the courts of 19 Florida. Any part of the evidence may be received in written 20 form, and all testimony of parties and witnesses shall be made 21 under oath. 22 2. Notwithstanding subparagraph 1., similar fact 23 evidence of other violations, wrongs, or acts is admissible 24 when relevant to prove a material fact in issue, such as proof 25 of motive, opportunity, intent, preparation, plan, knowledge, 26 identity, or absence of mistake or accident, but it is 27 inadmissible when the evidence is relevant solely to prove bad 28 character or propensity. When, in an administrative 29 proceeding, the state intends to offer evidence of other acts 30 or offenses under this subparagraph, the state shall furnish 31 to the party whose substantial interests are being determined 7 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 and whose other acts or offenses will be the subject of such 2 evidence, not less than 10 days before commencement of the 3 proceeding, a written statement of the acts or offenses it 4 intends to offer which describes them and the evidence the 5 state intends to offer with particularity. Notice is not 6 required for evidence of acts or offenses which is used for 7 impeachment or on rebuttal. 8 3. Notwithstanding subparagraph 1., in a proceeding 9 against a licensed professional or in a proceeding for 10 licensure of an applicant for professional licensure which 11 involves allegations of sexual misconduct: 12 a. The testimony of the victim of the sexual 13 misconduct need not be corroborated. 14 b. Specific instances of prior consensual sexual 15 activity between the victim of the sexual misconduct and any 16 person other than the offender is inadmissible, unless: 17 (I) It is first established to the administrative law 18 judge in a proceeding in camera that the victim of the sexual 19 misconduct is mistaken as to the identity of the perpetrator 20 of the sexual misconduct; or 21 (II) If consent by the victim of the sexual misconduct 22 is at issue and it is first established to the administrative 23 law judge in a proceeding in camera that such evidence tends 24 to establish a pattern of conduct or behavior on the part of 25 such victim which is so similar to the conduct or behavior in 26 the case that it is relevant to the issue of consent. 27 c. Reputation evidence relating to the prior sexual 28 conduct of a victim of sexual misconduct is inadmissible. 29 Section 3. Present paragraphs (e) through (n) of 30 subsection (1) of section 120.57, Florida Statutes, are 31 redesignated as paragraphs (d) through (m), respectively, and 8 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 present paragraphs (d) and (e) of that subsection are amended, 2 to read: 3 120.57 Additional procedures for particular cases.-- 4 (1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS 5 INVOLVING DISPUTED ISSUES OF MATERIAL FACT.-- 6 (d) Notwithstanding s. 120.569(2)(g), similar fact 7 evidence of other violations, wrongs, or acts is admissible 8 when relevant to prove a material fact in issue, such as proof 9 of motive, opportunity, intent, preparation, plan, knowledge, 10 identity, or absence of mistake or accident, but it is 11 inadmissible when the evidence is relevant solely to prove bad 12 character or propensity. When the state in an administrative 13 proceeding intends to offer evidence of other acts or offenses 14 under this paragraph, the state shall furnish to the party 15 whose substantial interests are being determined and whose 16 other acts or offenses will be the subject of such evidence, 17 no fewer than 10 days before commencement of the proceeding, a 18 written statement of the acts or offenses it intends to offer, 19 describing them and the evidence the state intends to offer 20 with particularity. Notice is not required for evidence of 21 acts or offenses which is used for impeachment or on rebuttal. 22 (d)(e)1. Any agency action that determines the 23 substantial interests of a party and that is based on an 24 unadopted rule is subject to de novo review by an 25 administrative law judge. 26 2. The agency action shall not be presumed valid or 27 invalid. The agency must demonstrate that the unadopted rule: 28 a. Is within the powers, functions, and duties 29 delegated by the Legislature or, if the agency is operating 30 pursuant to authority derived from the State Constitution, is 31 within that authority; 9 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 b. Does not enlarge, modify, or contravene the 2 specific provisions of law implemented; 3 c. Is not vague, establishes adequate standards for 4 agency decisions, or does not vest unbridled discretion in the 5 agency; 6 d. Is not arbitrary or capricious. A rule is arbitrary 7 if it is not supported by logic or the necessary facts; a rule 8 is capricious if it is adopted without thought or reason or is 9 irrational; 10 e. Is not being applied to the substantially affected 11 party without due notice; and 12 f. Does not impose excessive regulatory costs on the 13 regulated person, county, or city. 14 3. The recommended and final orders in any proceeding 15 shall be governed by the provisions of paragraphs (j) (k) and 16 (k) (l), except that the administrative law judge's 17 determination regarding the unadopted rule shall not be 18 rejected by the agency unless the agency first determines from 19 a review of the complete record, and states with particularity 20 in the order, that such determination is clearly erroneous or 21 does not comply with essential requirements of law. In any 22 proceeding for review under s. 120.68, if the court finds that 23 the agency's rejection of the determination regarding the 24 unadopted rule does not comport with the provisions of this 25 subparagraph, the agency action shall be set aside and the 26 court shall award to the prevailing party the reasonable costs 27 and a reasonable attorney's fee for the initial proceeding and 28 the proceeding for review. 29 Section 4. Paragraph (b) of subsection (1) and 30 subsections (7), (13), and (15) of section 120.80, Florida 31 Statutes, are amended to read: 10 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 120.80 Exceptions and special requirements; 2 agencies.-- 3 (1) DIVISION OF ADMINISTRATIVE HEARINGS.-- 4 (b) Workers' compensation.--Notwithstanding s. 5 120.52(1), A judge of compensation claims is exempt from the 6 requirements for notice and a hearing under ss. 120.569 and 7 120.57 when, in adjudicating matters under chapter 440, but is 8 subject to the rulemaking procedures in is not an agency or 9 part of an agency for purposes of this chapter. 10 (7) DEPARTMENT OF CHILDREN AND FAMILY 11 SERVICES.--Section 120.57(1) notwithstanding, hearings 12 required by ss. 120.569 and 120.57 concerning the denial, 13 reduction, suspension, or termination of benefits under a 14 public assistance program, as defined in s. 409.285, need not 15 be conducted by an administrative law judge assigned by the 16 division unless required otherwise by a specific law. The 17 Office of Appeal Hearings within the Department of Children 18 and Family Services may provide the hearings required by ss. 19 120.569 and 120.57 for all public assistance programs, 20 regardless of which state agency administers the program, if 21 the public assistance program is administered by the 22 department or the department has a formal interagency 23 agreement with the state agency that administers the program 24 to conduct the hearings. Hearings conducted under this 25 subsection must comply with the requirements of ss. 120.569 26 and 120.57 and the uniform rules of procedure, except to the 27 extent that the department has adopted rules pursuant to s. 28 409.28 and has been granted exceptions to the uniform rules of 29 procedure as provided in s. 120.54. Notwithstanding s. 30 120.57(1)(a), hearings conducted within the Department of 31 Children and Family Services in the execution of those social 11 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 and economic programs administered by the former Division of 2 Family Services of the former Department of Health and 3 Rehabilitative Services prior to the reorganization effected 4 by chapter 75-48, Laws of Florida, need not be conducted by an 5 administrative law judge assigned by the division. 6 (13) FLORIDA PUBLIC SERVICE COMMISSION.-- 7 (a) Agency statements that relate to cost-recovery 8 clauses, factors, or mechanisms implemented pursuant to 9 chapter 366, relating to public utilities, are exempt from the 10 provisions of s. 120.54(1)(a). 11 (b) Notwithstanding ss. 120.569 and 120.57, a hearing 12 on an objection to proposed action of the Florida Public 13 Service Commission may only address the issues in dispute. 14 Issues in the proposed action which are not in dispute are 15 deemed stipulated. 16 (c) The Florida Public Service Commission is exempt 17 from the time limitations in s. 120.60(1) when issuing a 18 license. 19 (d) Notwithstanding the provisions of this chapter, in 20 implementing the Telecommunications Act of 1996, Pub. L. No. 21 104-104, the Public Service Commission is authorized to employ 22 procedures consistent with that act. 23 (e) Notwithstanding the provisions of this chapter, s. 24 350.128, or s. 364.381, appellate jurisdiction for Public 25 Service Commission decisions that implement the 26 Telecommunications Act of 1996, Pub. L. No. 104-104, shall be 27 consistent with the provisions of that act. 28 (e)(f) Notwithstanding any provision of this chapter, 29 all public utilities and companies regulated by the Public 30 Service Commission shall be entitled to proceed under the 31 interim rate provisions of chapter 364 or the procedures for 12 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 interim rates contained in chapter 74-195, Laws of Florida, or 2 as otherwise provided by law. 3 (15) DEPARTMENT OF HEALTH.--Notwithstanding s. 4 120.57(1)(a), formal hearings may not be conducted by the 5 Secretary of Health, the Secretary of Health Care 6 Administration, or a board or member of a board within the 7 Department of Health or the Agency for Health Care 8 Administration for matters relating to the regulation of 9 professions, as defined by chapter 456. Notwithstanding s. 10 120.57(1)(a), hearings conducted within the Department of 11 Health in execution of the Special Supplemental Nutrition 12 Program for Women, Infants, and Children; Child Care Food 13 Program; Children's Medical Services Program; and the Brain 14 and Spinal Cord Injury Program; and the exemption from 15 disqualification reviews for certified nurse assistants 16 program need not be conducted by an administrative law judge 17 assigned by the division. The Department of Health may 18 contract with the Department of Children and Family Services 19 for a hearing officer in these matters. 20 Section 5. Subsection (3) of section 120.81, Florida 21 Statutes, is amended, present subsections (5) and (6) of that 22 section are redesignated as subsections (4) and (5), 23 respectively, and present subsection (4) of that section is 24 amended, to read: 25 120.81 Exceptions and special requirements; general 26 areas.-- 27 (3) PRISONERS AND PAROLEES.-- 28 (a) Notwithstanding s. 120.52(12), prisoners, as 29 defined by s. 944.02, shall not be considered parties in any 30 proceedings other than those under s. 120.54(3)(c) or (7), and 31 may not seek judicial review under s. 120.68 of any other 13 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 agency action. Prisoners are not eligible to seek an 2 administrative determination of an agency statement under s. 3 120.56(4). Parolees shall not be considered parties for 4 purposes of agency action or judicial review when the 5 proceedings relate to the rescission or revocation of parole. 6 (b) Notwithstanding s. 120.54(3)(c), prisoners, as 7 defined by s. 944.02, may be limited by the Department of 8 Corrections or the Parole Commission to an opportunity to 9 present evidence and argument on issues under consideration by 10 submission of written statements concerning intended action on 11 any department or commission rule. 12 (c) Notwithstanding ss. 120.569 and 120.57, in a 13 preliminary hearing for revocation of parole, no less than 7 14 days' notice of hearing shall be given. 15 (4) REGULATION OF PROFESSIONS.--Notwithstanding s. 16 120.569(2)(g), in a proceeding against a licensed professional 17 or in a proceeding for licensure of an applicant for 18 professional licensure which involves allegations of sexual 19 misconduct: 20 (a) The testimony of the victim of the sexual 21 misconduct need not be corroborated. 22 (b) Specific instances of prior consensual sexual 23 activity between the victim of the sexual misconduct and any 24 person other than the offender is inadmissible, unless: 25 1. It is first established to the administrative law 26 judge in a proceeding in camera that the victim of the sexual 27 misconduct is mistaken as to the identity of the perpetrator 28 of the sexual misconduct; or 29 2. If consent by the victim of the sexual misconduct 30 is at issue and it is first established to the administrative 31 law judge in a proceeding in camera that such evidence tends 14 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 to establish a pattern of conduct or behavior on the part of 2 such victim which is so similar to the conduct or behavior in 3 the case that it is relevant to the issue of consent. 4 (c) Reputation evidence relating to the prior sexual 5 conduct of a victim of sexual misconduct is inadmissible. 6 Section 6. Paragraphs (e) and (f) of subsection (4) of 7 section 120.56, Florida Statutes, are amended to read: 8 120.56 Challenges to rules.-- 9 (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; 10 SPECIAL PROVISIONS.-- 11 (e)1. If, prior to a final hearing to determine 12 whether all or part of any agency statement violates s. 13 120.54(1)(a), an agency publishes, pursuant to s. 14 120.54(3)(a), proposed rules that address the statement, then 15 for purposes of this section, a presumption is created that 16 the agency is acting expeditiously and in good faith to adopt 17 rules that address the statement, and the agency shall be 18 permitted to rely upon the statement or a substantially 19 similar statement as a basis for agency action if the 20 statement meets the requirements of s. 120.57(1)(d) s. 21 120.57(1)(e). 22 2. If, prior to the final hearing to determine whether 23 all or part of an agency statement violates s. 120.54(1)(a), 24 an agency publishes a notice of rule development which 25 addresses the statement pursuant to s. 120.54(2), or certifies 26 that such a notice has been transmitted to the Florida 27 Administrative Weekly for publication, then such publication 28 shall constitute good cause for the granting of a stay of the 29 proceedings and a continuance of the final hearing for 30 30 days. If the agency publishes proposed rules within this 31 30-day period or any extension of that period granted by an 15 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 administrative law judge upon showing of good cause, then the 2 administrative law judge shall place the case in abeyance 3 pending the outcome of rulemaking and any proceedings 4 involving challenges to proposed rules pursuant to subsection 5 (2). 6 3. If, following the commencement of the final hearing 7 and prior to entry of a final order that all or part of an 8 agency statement violates s. 120.54(1)(a), an agency 9 publishes, pursuant to s. 120.54(3)(a), proposed rules that 10 address the statement and proceeds expeditiously and in good 11 faith to adopt rules that address the statement, the agency 12 shall be permitted to rely upon the statement or a 13 substantially similar statement as a basis for agency action 14 if the statement meets the requirements of s. 120.57(1)(d) s. 15 120.57(1)(e). 16 4. If an agency fails to adopt rules that address the 17 statement within 180 days after publishing proposed rules, for 18 purposes of this subsection, a presumption is created that the 19 agency is not acting expeditiously and in good faith to adopt 20 rules. If the agency's proposed rules are challenged pursuant 21 to subsection (2), the 180-day period for adoption of rules is 22 tolled until a final order is entered in that proceeding. 23 5. If the proposed rules addressing the challenged 24 statement are determined to be an invalid exercise of 25 delegated legislative authority as defined in s. 26 120.52(8)(b)-(f), the agency must immediately discontinue 27 reliance on the statement and any substantially similar 28 statement until the rules addressing the subject are properly 29 adopted. 30 (f) All proceedings to determine a violation of s. 31 120.54(1)(a) shall be brought pursuant to this subsection. A 16 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 proceeding pursuant to this subsection may be consolidated 2 with a proceeding under any other section of this chapter. 3 Nothing in this paragraph shall be construed to prevent a 4 party whose substantial interests have been determined by an 5 agency action from bringing a proceeding pursuant to s. 6 120.57(1)(d) s. 120.57(1)(e). 7 Section 7. Paragraph (d) of subsection (10) of section 8 120.65, Florida Statutes, is amended to read: 9 120.65 Administrative law judges.-- 10 (10) Not later than February 1 of each year, the 11 division shall issue a written report to the Administrative 12 Procedures Committee and the Administration Commission, 13 including at least the following information: 14 (d) A report regarding each agency's compliance with 15 the filing requirement in s. 120.57(1)(l) s. 120.57(1)(m). 16 Section 8. Paragraph (c) of subsection (2) of section 17 388.4111, Florida Statutes, is amended to read: 18 388.4111 Public lands; arthropod control.-- 19 (2) 20 (c) If the land management agency and the local 21 arthropod control agency are unable to agree on a public lands 22 control plan, the Florida Coordinating Council on Mosquito 23 Control may recommend a control plan to the department, which 24 shall propose a recommended public lands control plan. If the 25 land management agency and the local arthropod control agency 26 fail to agree to such recommended public lands control plan 27 within 30 days of the rendering of such plan, either agency 28 may petition the Land and Water Adjudicatory Commission to 29 determine whether the proposed control plan employs methods 30 which are the minimum necessary and economically feasible to 31 abate a public health or nuisance problem and which impose the 17 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 least hazard to fish, wildlife, and other natural resources 2 protected or managed in such areas. Unless both parties waive 3 their right to a hearing, the Land and Water Adjudicatory 4 Commission shall direct a hearing officer to hold a hearing 5 within the jurisdiction of the local arthropod control agency 6 pursuant to the provisions of ss. 120.569 and 120.57 and 7 submit a recommended order. The commission shall, within 60 8 days of receipt of the recommended order, issue a final order 9 adopting a public lands control plan. Consistent with s. 10 120.57(1)(k) s. 120.57(1)(l), the commission may adopt or 11 modify the proposed control plan. The commission shall adopt 12 rules on the conduct of appeals before the commission. 13 Section 9. Subsection (1) of section 403.788, Florida 14 Statutes, is amended to read: 15 403.788 Final disposition of application.-- 16 (1) For the purposes of issuing a final order, the 17 board shall serve as the agency head. Within 45 days after 18 receipt of the administrative law judge's recommended order, 19 the board shall issue a final order as provided by s. 20 120.57(1)(k) s. 120.57(1)(l), approving the application in 21 whole, approving the application with such modifications or 22 conditions as the board deems appropriate, or denying the 23 issuance of a certification and stating the reasons for 24 issuance or denial. 25 Section 10. Subsection (4) of section 403.9415, 26 Florida Statutes, is amended to read: 27 403.9415 Final disposition of application.-- 28 (4) In determining whether an application should be 29 approved in whole, approved with modifications or conditions, 30 or denied, the board shall consider whether, and the extent to 31 which, the location of the natural gas transmission pipeline 18 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 corridor and the construction and maintenance of the natural 2 gas transmission pipeline will effect a reasonable balance 3 between the need for the natural gas transmission pipeline as 4 a means of providing natural gas energy and the impact upon 5 the public and the environment resulting from the location of 6 the natural gas transmission pipeline corridor and the 7 construction, operation, and maintenance of the natural gas 8 transmission pipeline. In effecting this balance, the board 9 shall consider, based on all relevant, competent and 10 substantial evidence in the record, subject to s. 120.57(1)(k) 11 s. 120.57(1)(l), whether and the extent to which the project 12 will: 13 (a) Ensure natural gas delivery reliability and 14 integrity; 15 (b) Meet the natural gas energy needs of the state in 16 an orderly and timely fashion; 17 (c) Comply with the nonprocedural requirements of 18 agencies; 19 (d) Adversely affect historical sites and the natural 20 environment; 21 (e) Adversely affect the health, safety, and welfare 22 of the residents of the affected local government 23 jurisdictions; 24 (f) Be consistent with applicable local government 25 comprehensive plans and land development regulations; and 26 (g) Avoid densely populated areas to the maximum 27 extent feasible. If densely populated areas cannot be 28 avoided, locate, to the maximum extent feasible, within 29 existing utility corridors or rights-of-way. 30 Section 11. Section 627.0612, Florida Statutes, is 31 amended to read: 19 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 627.0612 Administrative proceedings in rating 2 determinations.--In any proceeding to determine whether rates, 3 rating plans, or other matters governed by this part comply 4 with the law, the appellate court shall set aside a final 5 order of the office if the office has violated s. 120.57(1)(j) 6 s. 120.57(1)(k) by substituting its findings of fact for 7 findings of an administrative law judge which were supported 8 by competent substantial evidence. 9 Section 12. Subsections (9) and (10) of section 10 163.3177, Florida Statutes, are amended to read: 11 163.3177 Required and optional elements of 12 comprehensive plan; studies and surveys.-- 13 (9) The state land planning agency shall, by February 14 15, 1986, adopt by rule minimum criteria for the review and 15 determination of compliance of the local government 16 comprehensive plan elements required by this act. Such rules 17 shall not be subject to rule challenges under s. 120.56(2) or 18 to drawout proceedings under s. 120.54(3)(c)2. Such rules 19 shall become effective only after they have been submitted to 20 the President of the Senate and the Speaker of the House of 21 Representatives for review by the Legislature no later than 30 22 days prior to the next regular session of the Legislature. In 23 its review the Legislature may reject, modify, or take no 24 action relative to the rules. The agency shall conform the 25 rules to the changes made by the Legislature, or, if no action 26 was taken, the agency rules shall become effective. The rule 27 shall include criteria for determining whether: 28 (a) Proposed elements are in compliance with the 29 requirements of part II, as amended by this act. 30 (b) Other elements of the comprehensive plan are 31 related to and consistent with each other. 20 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 (c) The local government comprehensive plan elements 2 are consistent with the state comprehensive plan and the 3 appropriate regional policy plan pursuant to s. 186.508. 4 (d) Certain bays, estuaries, and harbors that fall 5 under the jurisdiction of more than one local government are 6 managed in a consistent and coordinated manner in the case of 7 local governments required to include a coastal management 8 element in their comprehensive plans pursuant to paragraph 9 (6)(g). 10 (e) Proposed elements identify the mechanisms and 11 procedures for monitoring, evaluating, and appraising 12 implementation of the plan. Specific measurable objectives 13 are included to provide a basis for evaluating effectiveness 14 as required by s. 163.3191. 15 (f) Proposed elements contain policies to guide future 16 decisions in a consistent manner. 17 (g) Proposed elements contain programs and activities 18 to ensure that comprehensive plans are implemented. 19 (h) Proposed elements identify the need for and the 20 processes and procedures to ensure coordination of all 21 development activities and services with other units of local 22 government, regional planning agencies, water management 23 districts, and state and federal agencies as appropriate. 24 25 The state land planning agency may adopt procedural rules that 26 are consistent with this section and chapter 120 for the 27 review of local government comprehensive plan elements 28 required under this section. The state land planning agency 29 shall provide model plans and ordinances and, upon request, 30 other assistance to local governments in the adoption and 31 implementation of their revised local government comprehensive 21 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 plans. The review and comment provisions applicable prior to 2 October 1, 1985, shall continue in effect until the criteria 3 for review and determination are adopted pursuant to this 4 subsection and the comprehensive plans required by s. 5 163.3167(2) are due. 6 (10) The Legislature recognizes the importance and 7 significance of chapter 9J-5, Florida Administrative Code, the 8 Minimum Criteria for Review of Local Government Comprehensive 9 Plans and Determination of Compliance of the Department of 10 Community Affairs that will be used to determine compliance of 11 local comprehensive plans. The Legislature reserved unto 12 itself the right to review chapter 9J-5, Florida 13 Administrative Code, and to reject, modify, or take no action 14 relative to this rule. Therefore, pursuant to subsection (9), 15 the Legislature hereby has reviewed chapter 9J-5, Florida 16 Administrative Code, and expresses the following legislative 17 intent: 18 (a) The Legislature finds that in order for the 19 department to review local comprehensive plans, it is 20 necessary to define the term "consistency." Therefore, for the 21 purpose of determining whether local comprehensive plans are 22 consistent with the state comprehensive plan and the 23 appropriate regional policy plan, a local plan shall be 24 consistent with such plans if the local plan is "compatible 25 with" and "furthers" such plans. The term "compatible with" 26 means that the local plan is not in conflict with the state 27 comprehensive plan or appropriate regional policy plan. The 28 term "furthers" means to take action in the direction of 29 realizing goals or policies of the state or regional plan. 30 For the purposes of determining consistency of the local plan 31 with the state comprehensive plan or the appropriate regional 22 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 policy plan, the state or regional plan shall be construed as 2 a whole and no specific goal and policy shall be construed or 3 applied in isolation from the other goals and policies in the 4 plans. 5 (b) Each local government shall review all the state 6 comprehensive plan goals and policies and shall address in its 7 comprehensive plan the goals and policies which are relevant 8 to the circumstances or conditions in its jurisdiction. The 9 decision regarding which particular state comprehensive plan 10 goals and policies will be furthered by the expenditure of a 11 local government's financial resources in any given year is a 12 decision which rests solely within the discretion of the local 13 government. Intergovernmental coordination, as set forth in 14 paragraph (6)(h), shall be utilized to the extent required to 15 carry out the provisions of chapter 9J-5, Florida 16 Administrative Code. 17 (c) The Legislature declares that if any portion of 18 chapter 9J-5, Florida Administrative Code, is found to be in 19 conflict with this part, the appropriate statutory provision 20 shall prevail. 21 (d) Chapter 9J-5, Florida Administrative Code, does 22 not mandate the creation, limitation, or elimination of 23 regulatory authority, nor does it authorize the adoption or 24 require the repeal of any rules, criteria, or standards of any 25 local, regional, or state agency. 26 (e) It is the Legislature's intent that support data 27 or summaries thereof shall not be subject to the compliance 28 review process, but the Legislature intends that goals and 29 policies be clearly based on appropriate data. The department 30 may utilize support data or summaries thereof to aid in its 31 determination of compliance and consistency. The Legislature 23 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 intends that the department may evaluate the application of a 2 methodology utilized in data collection or whether a 3 particular methodology is professionally accepted. However, 4 the department shall not evaluate whether one accepted 5 methodology is better than another. Chapter 9J-5, Florida 6 Administrative Code, shall not be construed to require 7 original data collection by local governments; however, local 8 governments are not to be discouraged from utilizing original 9 data so long as methodologies are professionally accepted. 10 (f) The Legislature recognizes that under this 11 section, local governments are charged with setting levels of 12 service for public facilities in their comprehensive plans in 13 accordance with which development orders and permits will be 14 issued pursuant to s. 163.3202(2)(g). Nothing herein shall 15 supersede the authority of state, regional, or local agencies 16 as otherwise provided by law. 17 (g) Definitions contained in chapter 9J-5, Florida 18 Administrative Code, are not intended to modify or amend the 19 definitions utilized for purposes of other programs or rules 20 or to establish or limit regulatory authority. Local 21 governments may establish alternative definitions in local 22 comprehensive plans, as long as such definitions accomplish 23 the intent of this chapter, and chapter 9J-5, Florida 24 Administrative Code. 25 (h) It is the intent of the Legislature that public 26 facilities and services needed to support development shall be 27 available concurrent with the impacts of such development in 28 accordance with s. 163.3180. In meeting this intent, public 29 facility and service availability shall be deemed sufficient 30 if the public facilities and services for a development are 31 phased, or the development is phased, so that the public 24 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 facilities and those related services which are deemed 2 necessary by the local government to operate the facilities 3 necessitated by that development are available concurrent with 4 the impacts of the development. The public facilities and 5 services, unless already available, are to be consistent with 6 the capital improvements element of the local comprehensive 7 plan as required by paragraph (3)(a) or guaranteed in an 8 enforceable development agreement. This shall include 9 development agreements pursuant to this chapter or in an 10 agreement or a development order issued pursuant to chapter 11 380. Nothing herein shall be construed to require a local 12 government to address services in its capital improvements 13 plan or to limit a local government's ability to address any 14 service in its capital improvements plan that it deems 15 necessary. 16 (i) The department shall take into account the factors 17 delineated in rule 9J-5.002(2), Florida Administrative Code, 18 as it provides assistance to local governments and applies the 19 rule in specific situations with regard to the detail of the 20 data and analysis required. 21 (j) Chapter 9J-5, Florida Administrative Code, has 22 become effective pursuant to subsection (9). The Legislature 23 hereby directs the department to adopt amendments as necessary 24 which conform chapter 9J-5, Florida Administrative Code, with 25 the requirements of this legislative intent by October 1, 26 1986. 27 (k) So that local governments are able to prepare and 28 adopt comprehensive plans with knowledge of the rules that 29 will be applied to determine consistency of the plans with 30 provisions of this part, it is the intent of the Legislature 31 that there should be no doubt as to the legal standing of 25 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 chapter 9J-5, Florida Administrative Code, at the close of the 2 1986 legislative session. Therefore, the Legislature declares 3 that changes made to chapter 9J-5, Florida Administrative 4 Code, prior to October 1, 1986, shall not be subject to rule 5 challenges under s. 120.56(2), or to drawout proceedings under 6 s. 120.54(3)(c)2. The entire chapter 9J-5, Florida 7 Administrative Code, as amended, shall be subject to rule 8 challenges under s. 120.56(3), as nothing herein shall be 9 construed to indicate approval or disapproval of any portion 10 of chapter 9J-5, Florida Administrative Code, not specifically 11 addressed herein. No challenge pursuant to s. 120.56(3) may 12 be filed from July 1, 1987, through April 1, 1993. Any 13 amendments to chapter 9J-5, Florida Administrative Code, 14 exclusive of the amendments adopted prior to October 1, 1986, 15 pursuant to this act, shall be subject to the full chapter 120 16 process. All amendments shall have effective dates as 17 provided in chapter 120 and submission to the President of the 18 Senate and Speaker of the House of Representatives shall not 19 be required. 20 (j)(l) The state land planning agency shall consider 21 land use compatibility issues in the vicinity of all airports 22 in coordination with the Department of Transportation and 23 adjacent to or in close proximity to all military 24 installations in coordination with the Department of Defense. 25 Section 13. Subsection (1) of section 186.508, Florida 26 Statutes, is amended to read: 27 186.508 Strategic regional policy plan adoption; 28 consistency with state comprehensive plan.-- 29 (1) Each regional planning council shall submit to the 30 Executive Office of the Governor its proposed strategic 31 regional policy plan on a schedule established by the 26 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 Executive Office of the Governor to coordinate implementation 2 of the strategic regional policy plans with the evaluation and 3 appraisal reports required by s. 163.3191. The Executive 4 Office of the Governor, or its designee, shall review the 5 proposed strategic regional policy plan to ensure consistency 6 with the adopted state comprehensive plan and shall, within 60 7 days, provide any recommended revisions. The Governor's 8 recommended revisions shall be included in the plans in a 9 comment section. However, nothing herein shall preclude a 10 regional planning council from adopting or rejecting any or 11 all of the revisions as a part of its plan prior to the 12 effective date of the plan. The rules of a regional planning 13 council adopting its first the strategic regional policy plan 14 are shall not be subject to rule challenge under s. 120.56(2) 15 or to drawout proceedings under s. 120.54(3)(c)2., but, once 16 adopted, shall be subject to an invalidity challenge under s. 17 120.56(3) by substantially affected persons, including the 18 Executive Office of the Governor. The rules shall be adopted 19 by the regional planning councils, and shall become effective 20 upon filing with the Department of State, notwithstanding the 21 provisions of s. 120.54(3)(e)6. 22 Section 14. Section 370.26, Florida Statutes, is 23 amended to read: 24 370.26 Aquaculture definitions; marine aquaculture 25 products, producers, and facilities.-- 26 (1) As used in this section, the term: 27 (a) "Marine aquaculture facility" means a facility 28 built and operated for the purpose of producing marine 29 aquaculture products. Marine aquaculture facilities contain 30 culture systems such as, but not limited to, ponds, tanks, 31 raceways, cages, and bags used for commercial production, 27 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 propagation, growout, or product enhancement of marine 2 products. Marine aquaculture facilities specifically do not 3 include: 4 1. Facilities that maintain marine aquatic organisms 5 exclusively for the purpose of shipping, distribution, 6 marketing, or wholesale and retail sales; 7 2. Facilities that maintain marine aquatic organisms 8 for noncommercial, education, exhibition, or scientific 9 purposes; 10 3. Facilities in which the activity does not require 11 an aquaculture certification pursuant to s. 597.004; or 12 4. Facilities used by marine aquarium hobbyists. 13 (b) "Marine aquaculture producer" means a person 14 holding an aquaculture certificate pursuant to s. 597.004 to 15 produce marine aquaculture products. 16 (c) "Marine aquaculture product" means any product 17 derived from marine aquatic organisms that are owned and 18 propagated, grown, or produced under controlled conditions by 19 a person holding an aquaculture certificate pursuant to s. 20 597.004. Such product does not include organisms harvested 21 from the wild for depuration, wet storage, or relayed for the 22 purpose of controlled purification. Marine aquaculture 23 products are considered saltwater products for the purposes of 24 this chapter, except the holder of an aquaculture certificate 25 is not required to purchase and possess a saltwater products 26 license in order to possess, transport, or sell marine 27 aquaculture products pursuant to s. 370.06. To renew an 28 existing restricted species endorsement, marine aquaculture 29 producers possessing a valid saltwater products license with a 30 restricted species endorsement may apply income from the sales 31 of marine aquaculture products to licensed wholesale dealers. 28 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 Income from the sales of marine aquaculture products shall not 2 be eligible for the purpose of acquiring a new restricted 3 species endorsement. The holder of an aquaculture certificate 4 must purchase and possess a saltwater products license in 5 order to possess, transport, or sell saltwater products not 6 specifically provided for in s. 597.004. 7 (2) The Department of Environmental Protection shall 8 encourage the development of aquaculture and the production of 9 aquaculture products. The department shall develop a process 10 consistent with this section that would consolidate permits, 11 general permits, and other regulatory requirements to 12 streamline the permitting process and result in effective 13 regulation of aquaculture activities. This process shall 14 provide for a single application and application fee for 15 marine aquaculture activities which are regulated by the 16 department. Procedures to consolidate permitting actions under 17 this section do not constitute rules within the meaning of s. 18 120.52. 19 (2)(3) Until aquaculture general permits under s. 20 403.814 can be expanded and developed, the department shall 21 establish criteria to temporarily permit aquaculture 22 activities that may be presumed not to result in adverse 23 environmental impacts. The criteria developed pursuant to this 24 subsection do not constitute rules within the meaning of s. 25 120.52. Permit application fees under this subsection shall be 26 no more than that established for a general permit. The 27 department may delegate to the water management districts the 28 regulatory authority for aquaculture facilities subject to the 29 temporary general permitting criteria of this subsection. 30 During the period prior to development of a general permit 31 under s. 403.814, the department shall establish a compliance 29 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 plan based on monitoring results that will assist in the 2 development of the general permit. 3 (3)(4) The department shall request that the 4 Aquaculture Review Council identify a working group of 5 industry representatives who can provide technical assistance 6 in developing aquaculture general permits. The industry 7 representatives shall come from the segment of the industry to 8 be affected by the specific general permit to be developed. 9 The working group shall be included in all phases of 10 developing the aquaculture general permits. 11 (4)(5) The department shall: 12 (a) Coordinate with the Aquaculture Review Council, 13 the Aquaculture Interagency Coordinating Council, and the 14 Department of Agriculture and Consumer Services when 15 developing criteria for aquaculture general permits. 16 (b) Permit experimental technologies to collect and 17 evaluate data necessary to reduce or mitigate environmental 18 concerns. 19 (c) Provide technical expertise and promote the 20 transfer of information that would be beneficial to the 21 development of aquaculture. 22 (5)(6) The Fish and Wildlife Conservation Commission 23 shall encourage the development of aquaculture in the state 24 through the following: 25 (a) Providing assistance in developing technologies 26 applicable to aquaculture activities, evaluating practicable 27 production alternatives, and providing management agreements 28 to develop innovative culture practices. 29 (b) Facilitating aquaculture research on life 30 histories, stock enhancement, and alternative species, and 31 providing research results that would assist in the 30 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 evaluation, development, and commercial production of 2 candidate species for aquaculture, including: 3 1. Providing eggs, larvae, fry, and fingerlings to 4 aquaculturists when excess cultured stocks are available from 5 the commission's facilities and the culture activities are 6 consistent with the commission's stock enhancement projects. 7 Such stocks may be obtained by reimbursing the commission for 8 the cost of production on a per-unit basis. Revenues resulting 9 from the sale of stocks shall be deposited into the trust fund 10 used to support the production of such stocks. 11 2. Conducting research programs to evaluate candidate 12 species when funding and staff are available. 13 3. Encouraging the private production of marine fish 14 and shellfish stocks for the purpose of providing such stocks 15 for statewide stock enhancement programs. When such stocks 16 become available, the commission shall reduce or eliminate 17 duplicative production practices that would result in direct 18 competition with private commercial producers. 19 4. Developing a working group, in cooperation with the 20 Department of Agriculture and Consumer Services, the 21 Aquaculture Review Council, and the Aquaculture Interagency 22 Coordinating Council, to plan and facilitate the development 23 of private marine fish and nonfish hatcheries and to encourage 24 private/public partnerships to promote the production of 25 marine aquaculture products. 26 (c) Coordinating with public and private research 27 institutions within the state to advance the aquaculture 28 production and sale of sturgeon as a food fish. 29 (6)(7) The Fish and Wildlife Conservation Commission 30 shall coordinate with the Aquaculture Review Council and the 31 Department of Agriculture and Consumer Services to establish 31 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 and implement grant programs to provide funding for projects 2 and programs that are identified in the state's aquaculture 3 plan, pending legislative appropriations. The commission and 4 the Department of Agriculture and Consumer Services shall 5 establish and implement a grant program to make grants 6 available to qualified nonprofit, educational, and research 7 entities or local governments to fund infrastructure, 8 planning, practical and applied research, development 9 projects, production economic analysis, and training and stock 10 enhancement projects, and to make grants available to 11 counties, municipalities, and other state and local entities 12 for applied aquaculture projects that are directed to economic 13 development, pending legislative appropriations. 14 (7)(8) The Fish and Wildlife Conservation Commission 15 shall provide assistance to the Department of Agriculture and 16 Consumer Services in the development of an aquaculture plan 17 for the state. 18 Section 15. Subsections (5) and (6) of section 19 373.421, Florida Statutes, are amended to read: 20 373.421 Delineation methods; formal determinations.-- 21 (5) A formal determination obtained under this section 22 is final agency action and is in lieu of a declaratory 23 statement of jurisdiction obtainable under s. 120.565 and is 24 final agency action unless a timely and sufficient petition 25 for an administrative hearing under ss. Sections 120.569 and 26 120.57 is filed apply to formal determinations under this 27 section. 28 (6) The district or the department may also issue 29 nonbinding informal determinations or otherwise institute 30 determinations on its own initiative as provided by law. A 31 nonbinding informal determination of the extent of surface 32 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 waters and wetlands issued by the South Florida Water 2 Management District or the Southwest Florida Water Management 3 District, between July 1, 1989, and the effective date of the 4 methodology ratified in s. 373.4211, shall be validated by the 5 district if a petition to validate the nonbinding informal 6 determination is filed with the district on or before October 7 1, 1994, provided: 8 (a) The petitioner submits the documentation prepared 9 by the agency, and signed by an agency employee in the course 10 of the employee's official duties, at the time the nonbinding 11 informal determination was issued, showing the boundary of the 12 surface waters or wetlands; 13 (b) The request is accompanied by the appropriate fee 14 in accordance with the fee schedule established by district 15 rule; 16 (c) Any supplemental information, such as aerial 17 photographs and soils maps, is provided as necessary to ensure 18 an accurate determination; 19 (d) District staff verify the delineated surface water 20 or wetland boundary through site inspection; and 21 (e) Following district verification, and adjustment if 22 necessary, of the boundary of surface waters or wetlands, the 23 petitioner submits a survey certified pursuant to chapter 472, 24 which depicts the surface water or wetland boundaries. The 25 certified survey shall contain a legal description of, and the 26 acreage contained within, the boundaries of the property for 27 which the determination is sought. The boundaries must be 28 witnessed to the property boundaries and must be capable of 29 being mathematically reproduced from the survey. 30 31 Validated informal nonbinding determinations issued by the 33 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 South Florida Water Management District and the Southwest 2 Florida Water Management District shall remain valid for a 3 period of 5 years from the date of validation by the district, 4 as long as physical conditions on the property do not change 5 so as to alter the boundaries of surface waters or wetlands. A 6 validation obtained under this section is final agency action 7 unless a timely and sufficient petition for an administrative 8 hearing under ss. Sections 120.569 and 120.57 is filed apply 9 to validations under this section. 10 Section 16. Paragraph (d) of subsection (23) of 11 section 380.06, Florida Statutes, is amended to read: 12 380.06 Developments of regional impact.-- 13 (23) ADOPTION OF RULES BY STATE LAND PLANNING 14 AGENCY.-- 15 (d) Regional planning agencies that perform 16 development-of-regional-impact and Florida Quality Development 17 review are authorized to assess and collect fees to fund the 18 costs, direct and indirect, of conducting the review process. 19 The state land planning agency shall adopt rules to provide 20 uniform criteria for the assessment and collection of such 21 fees. The rules providing uniform criteria shall not be 22 subject to rule challenge under s. 120.56(2) or to drawout 23 proceedings under s. 120.54(3)(c)2., but, once adopted, shall 24 be subject to an invalidity challenge under s. 120.56(3) by 25 substantially affected persons. Until the state land planning 26 agency adopts a rule implementing this paragraph, rules of the 27 regional planning councils currently in effect regarding fees 28 shall remain in effect. Fees may vary in relation to the type 29 and size of a proposed project, but shall not exceed $75,000, 30 unless the state land planning agency, after reviewing any 31 disputed expenses charged by the regional planning agency, 34 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 determines that said expenses were reasonable and necessary 2 for an adequate regional review of the impacts of a project. 3 Section 17. Subsection (3) of section 393.0661, 4 Florida Statutes, is amended to read: 5 393.0661 Home and community-based services delivery 6 system; comprehensive redesign.--The Legislature finds that 7 the home and community-based services delivery system for 8 persons with developmental disabilities and the availability 9 of appropriated funds are two of the critical elements in 10 making services available. Therefore, it is the intent of the 11 Legislature that the Agency for Persons with Disabilities 12 shall develop and implement a comprehensive redesign of the 13 system. 14 (3) Pending the adoption of rate methodologies 15 pursuant to nonemergency rulemaking under s. 120.54, The 16 Agency for Health Care Administration may, at any time, adopt 17 emergency rules under s. 120.54(4) in order to comply with 18 subsection (4). In adopting such emergency rules, the agency 19 need not make the findings required by s. 120.54(4)(a), and 20 such rules shall be exempt from time limitations provided in 21 s. 120.54(4)(c) and shall remain in effect until replaced by 22 another emergency rule or the nonemergency adoption of the 23 rate methodology. 24 Section 18. Section 393.125, Florida Statutes, is 25 amended to read: 26 393.125 Rulemaking authority for agency action Hearing 27 rights.-- 28 (1) Fair hearings related to issues before the Agency 29 for Persons with Disabilities shall be held before the 30 Division of Administrative Hearings. 31 (a) The agency shall adopt rules to establish 35 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 guidelines for administrative hearings which are relevant to 2 the termination, suspension, reduction, or denial of client 3 services. The rules shall ensure the due-process rights of the 4 clients of the agency are consistent with Medicaid law. 5 (b) Witnesses appearing on behalf of any party shall 6 be permitted to appear by telephone or video teleconference. 7 (1) REVIEW OF AGENCY DECISIONS.-- 8 (a) Any developmental services applicant or client, or 9 his or her parent, guardian, guardian advocate, or authorized 10 representative, who has any substantial interest determined by 11 the agency, has the right to request an administrative hearing 12 pursuant to ss. 120.569 and 120.57. 13 (b) Notice of the right to an administrative hearing 14 shall be given, both verbally and in writing, to the applicant 15 or client, and his or her parent, guardian, guardian advocate, 16 or authorized representative, at the same time that the agency 17 gives the applicant or client notice of the agency's action. 18 The notice shall be given, both verbally and in writing, in 19 the language of the client or applicant and in English. 20 (c) A request for a hearing under this section shall 21 be made to the agency, in writing, within 30 days of the 22 applicant's or client's receipt of the notice. 23 (3)(2) REVIEW OF PROVIDER DECISIONS.--The agency shall 24 adopt rules to establish uniform procedures guidelines for the 25 agency and service providers relevant to termination, 26 suspension, or reduction of client services by the service 27 provider. The rules shall ensure the due process rights of 28 service providers and clients. 29 Section 19. Subsection (6) of section 408.039, Florida 30 Statutes, is amended to read: 31 408.039 Review process.--The review process for 36 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 certificates of need shall be as follows: 2 (6) JUDICIAL REVIEW.-- 3 (a) A party to an administrative hearing for an 4 application for a certificate of need has the right, within 5 not more than 30 days after the date of the final order, to 6 seek judicial review in the District Court of Appeal pursuant 7 to s. 120.68. The agency shall be a party in any such 8 proceeding. 9 (b) In such judicial review, the court shall affirm 10 the final order of the agency, unless the decision is 11 arbitrary, capricious, or not in compliance with ss. 12 408.031-408.045. 13 (b)(c) The court, in its discretion, may award 14 reasonable attorney's fees and costs to the prevailing party 15 if the court finds that there was a complete absence of a 16 justiciable issue of law or fact raised by the losing party. 17 Section 20. Section 409.285, Florida Statutes, is 18 amended to read: 19 409.285 Opportunity for hearing and appeal.-- 20 (1) If an application for public assistance is not 21 acted upon within a reasonable time after the filing of the 22 application, or is denied in whole or in part, or if an 23 assistance payment is modified or canceled, the applicant or 24 recipient may appeal the decision to the Department of 25 Children and Family Services in the manner and form prescribed 26 by the department. 27 (2) The hearing authority may be the Secretary of 28 Children and Family Services, a panel of department officials, 29 or a hearing officer appointed for that purpose. The hearing 30 authority is responsible for a final administrative decision 31 in the name of the state agency administering the public 37 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 assistance program department on all issues that have been the 2 subject of a hearing. With regard to the state agency 3 administering the public assistance program department, the 4 decision of the hearing authority is final and binding. The 5 state agency administering the public assistance program 6 department is responsible for seeing that the decision is 7 carried out promptly. 8 (3) The department may adopt rules to administer this 9 section. Rules for the Temporary Assistance for Needy Families 10 block grant programs must be similar to the federal 11 requirements for Medicaid programs. 12 (4) As used in this section, the term "public 13 assistance" means financial assistance paid to, or on the 14 behalf of, an individual based on Titles IV and XIX of the 15 Social Security Act, the temporary cash assistance program, 16 the food stamp program, the optional state supplementation 17 program, or any other program authorized in Florida Statutes 18 for the Department of Children and Family Services to provide 19 benefits to individuals. 20 Section 21. Section 440.021, Florida Statutes, is 21 amended to read: 22 440.021 Exemption of workers' compensation from 23 chapter 120.--Workers' compensation adjudications by judges of 24 compensation claims are exempt from chapter 120, and no judge 25 of compensation claims shall be considered an agency or a part 26 thereof. Communications of the result of investigations by the 27 department pursuant to s. 440.185(4) are exempt from chapter 28 120. In all instances in which the department institutes 29 action to collect a penalty or interest which may be due 30 pursuant to this chapter, the penalty or interest shall be 31 assessed without hearing, and the party against which such 38 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 penalty or interest is assessed shall be given written notice 2 of such assessment and shall have the right to protest within 3 20 days of such notice. Upon receipt of a timely notice of 4 protest and after such investigation as may be necessary, the 5 department shall, if it agrees with such protest, notify the 6 protesting party that the assessment has been revoked. If the 7 department does not agree with the protest, it shall refer the 8 matter to the judge of compensation claims for determination 9 pursuant to s. 440.25(2)-(5). Such action of the department 10 is exempt from the provisions of chapter 120. 11 Section 22. Subsection (4) of section 456.073, Florida 12 Statutes, is amended to read: 13 456.073 Disciplinary proceedings.--Disciplinary 14 proceedings for each board shall be within the jurisdiction of 15 the department. 16 (4) The determination as to whether probable cause 17 exists shall be made by majority vote of a probable cause 18 panel of the board, or by the department, as appropriate. Each 19 regulatory board shall provide by rule that the determination 20 of probable cause shall be made by a panel of its members or 21 by the department. Each board may provide by rule for multiple 22 probable cause panels composed of at least two members. Each 23 board may provide by rule that one or more members of the 24 panel or panels may be a former board member. The length of 25 term or repetition of service of any such former board member 26 on a probable cause panel may vary according to the direction 27 of the board when authorized by board rule. Any probable cause 28 panel must include one of the board's former or present 29 consumer members, if one is available, is willing to serve, 30 and is authorized to do so by the board chair. Any probable 31 cause panel must include a present board member. Any probable 39 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 cause panel must include a former or present professional 2 board member. However, any former professional board member 3 serving on the probable cause panel must hold an active valid 4 license for that profession. All proceedings of the panel are 5 exempt from s. 286.011 until 10 days after probable cause has 6 been found to exist by the panel or until the subject of the 7 investigation waives his or her privilege of confidentiality; 8 however, the proceedings of a probable cause panel that is 9 convened to reconsider the original finding of probable cause 10 is not exempt from s. 286.011. The probable cause panel may 11 make a reasonable request, and upon such request the 12 department shall provide such additional investigative 13 information as is necessary to the determination of probable 14 cause. A request for additional investigative information 15 shall be made within 15 days after from the date of receipt by 16 the probable cause panel of the investigative report of the 17 department or the agency. The probable cause panel or the 18 department, as may be appropriate, shall make its 19 determination of probable cause within 30 days after receipt 20 by it of the final investigative report of the department. The 21 secretary may grant extensions of the 15-day and the 30-day 22 time limits. In lieu of a finding of probable cause, the 23 probable cause panel, or the department if there is no board, 24 may issue a letter of guidance to the subject. If, within the 25 30-day time limit, as may be extended, the probable cause 26 panel does not make a determination regarding the existence of 27 probable cause or does not issue a letter of guidance in lieu 28 of a finding of probable cause, the department must make a 29 determination regarding the existence of probable cause within 30 10 days after the expiration of the time limit. If the 31 probable cause panel finds that probable cause exists, it 40 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 shall direct the department to file a formal complaint against 2 the licensee. The department shall follow the directions of 3 the probable cause panel regarding the filing of a formal 4 complaint. If directed to do so, the department shall file a 5 formal complaint against the subject of the investigation and 6 prosecute that complaint pursuant to chapter 120. However, the 7 department may decide not to prosecute the complaint if it 8 finds that probable cause has been improvidently found by the 9 panel. In such cases, the department shall refer the matter to 10 the board. The board may then file a formal complaint and 11 prosecute the complaint pursuant to chapter 120. The 12 department shall also refer to the board any investigation or 13 disciplinary proceeding not before the Division of 14 Administrative Hearings pursuant to chapter 120 or otherwise 15 completed by the department within 1 year after the filing of 16 a complaint. The department, for disciplinary cases under its 17 jurisdiction, must establish a uniform reporting system to 18 quarterly refer to each board the status of any investigation 19 or disciplinary proceeding that is not before the Division of 20 Administrative Hearings or otherwise completed by the 21 department within 1 year after the filing of the complaint. 22 Annually, the department, in consultation with the applicable 23 probable cause panel, must establish a plan to expedite or 24 otherwise close any investigation or disciplinary proceeding 25 that is not before the Division of Administrative Hearings or 26 otherwise completed by the department within 1 year after the 27 filing of the complaint. A probable cause panel or a board 28 may retain independent legal counsel, employ investigators, 29 and continue the investigation as it deems necessary; all 30 costs thereof shall be paid from a trust fund used by the 31 department to implement this chapter. All proceedings of the 41 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 probable cause panel are exempt from s. 120.525. 2 Section 23. Subsection (5) of section 458.345, Florida 3 Statutes, is amended to read: 4 458.345 Registration of resident physicians, interns, 5 and fellows; list of hospital employees; prescribing of 6 medicinal drugs; penalty.-- 7 (5) Notwithstanding any provision of this section or 8 s. 120.52 to the contrary, any person who is registered under 9 this section is subject to the provisions of s. 458.331. 10 Section 24. Subsection (8) of section 459.021, Florida 11 Statutes, is amended to read: 12 459.021 Registration of resident physicians, interns, 13 and fellows; list of hospital employees; penalty.-- 14 (8) Notwithstanding any provision of this section or 15 s. 120.52 to the contrary, any person who is registered under 16 this section is subject to the provisions of s. 459.015. 17 Section 25. Subsection (9) of section 497.153, Florida 18 Statutes, is amended to read: 19 497.153 Disciplinary procedures and penalties.-- 20 (9) DETERMINATIONS NOT SUBJECT TO CHAPTER 120.--The 21 following determinations shall not entitle any person to 22 proceedings under chapter 120: 23 (a) A determination by the department to exercise its 24 authority under this chapter to investigate, financially 25 examine, or inspect any person or entity; or a determination 26 by the department concerning how to conduct such 27 investigation, financial examination, or inspection; or a 28 determination by the department concerning the content of any 29 report of investigation, financial examination, or inspection. 30 (a)(b) A determination by the department that there is 31 reasonable cause to believe that a licensee under this chapter 42 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 is subject to disciplinary action under this chapter and that 2 the matter should be presented to a probable cause panel of 3 the board, or that the licensee is not eligible for a citation 4 pursuant to criteria established by the board. 5 (b)(c) A determination by a probable cause panel of 6 the board that probable cause does or does not exist, or a 7 determination by the department under paragraph (3)(b). 8 (d) A determination by the department not to offer any 9 settlement to a licensee concerning any disciplinary matter. 10 Section 26. Section 538.11, Florida Statutes, is 11 amended to read: 12 538.11 Powers and duties of department; rules.--The 13 same duties and privileges imposed by chapter 212 upon dealers 14 of tangible personal property respecting the keeping of books 15 and records and accounts and compliance with rules of the 16 department shall apply to and be binding upon all persons who 17 are subject to the provisions of this chapter. The department 18 shall administer, collect, and enforce the registration 19 authorized under this chapter pursuant to the same procedures 20 used in the administration, collection, and enforcement of the 21 general state sales tax imposed under chapter 212, except as 22 provided in this section. The provisions of chapter 212 23 regarding the keeping of records and books shall apply. The 24 department is authorized to employ persons and incur other 25 expenses for which funds are appropriated by the Legislature. 26 The department is empowered to adopt such rules, and shall 27 prescribe and publish such forms, as may be necessary to 28 effectuate the purposes of this chapter. The Legislature 29 hereby finds that the failure to promptly implement the 30 provisions of this chapter would present an immediate threat 31 to the welfare of the state. Therefore, the executive director 43 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 of the department is hereby authorized to adopt emergency 2 rules pursuant to s. 120.54(4), for purposes of implementing 3 this chapter. Notwithstanding any other provision of law, such 4 emergency rules shall remain effective for 6 months from the 5 date of adoption. Other rules of the department related to and 6 in furtherance of the orderly implementation of the chapter 7 shall not be subject to a rule challenge under s. 120.56(2) or 8 a drawout proceeding under s. 120.54(3)(c)2. but, once 9 adopted, shall be subject to an invalidity challenge under s. 10 120.56(3). Such rules shall be adopted by the Governor and 11 Cabinet and shall become effective upon filing with the 12 Department of State, notwithstanding the provisions of s. 13 120.54(3)(e)6. 14 Section 27. Section 548.07, Florida Statutes, is 15 amended to read: 16 548.07 Suspension of license or permit by 17 commissioner; hearing.-- 18 (1) Notwithstanding any provision of chapter 120, any 19 member of the commission may, upon her or his own motion or 20 upon the verified written complaint of any person charging a 21 licensee or permittee with violating this chapter, suspend any 22 license or permit until final determination by the commission 23 if such action is necessary to protect the health, safety, and 24 welfare of the public welfare and the best interests of the 25 sport. 26 (2) The commission shall hold a hearing within 10 days 27 after the date on which the license or permit is suspended. 28 Section 28. Section 548.073, Florida Statutes, is 29 repealed. 30 Section 29. Paragraph (c) of subsection (6) of section 31 1002.33, Florida Statutes, is amended to read: 44 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 1002.33 Charter schools.-- 2 (6) APPLICATION PROCESS AND REVIEW.--Charter school 3 applications are subject to the following requirements: 4 (c) An applicant may appeal any denial of that 5 applicant's application or failure to act on an application to 6 the State Board of Education no later than 30 calendar days 7 after receipt of the district school board's decision or 8 failure to act and shall notify the district school board of 9 its appeal. Any response of the district school board shall be 10 submitted to the State Board of Education within 30 calendar 11 days after notification of the appeal. Upon receipt of 12 notification from the State Board of Education that a charter 13 school applicant is filing an appeal, the Commissioner of 14 Education shall convene a meeting of the Charter School Appeal 15 Commission to study and make recommendations to the State 16 Board of Education regarding its pending decision about the 17 appeal. The commission shall forward its recommendation to the 18 state board no later than 7 calendar days prior to the date on 19 which the appeal is to be heard. The State Board of Education 20 shall by majority vote accept or reject the decision of the 21 district school board no later than 90 calendar days after an 22 appeal is filed in accordance with State Board of Education 23 rule. The Charter School Appeal Commission may reject an 24 appeal submission for failure to comply with procedural rules 25 governing the appeals process. The rejection shall describe 26 the submission errors. The appellant may have up to 15 27 calendar days from notice of rejection to resubmit an appeal 28 that meets requirements of State Board of Education rule. An 29 application for appeal submitted subsequent to such rejection 30 shall be considered timely if the original appeal was filed 31 within 30 calendar days after receipt of notice of the 45 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 specific reasons for the district school board's denial of the 2 charter application. The State Board of Education shall remand 3 the application to the district school board with its written 4 decision that the district school board approve or deny the 5 application. The decision of the State Board of Education 6 shall include written findings of fact. The district school 7 board shall implement the decision of the State Board of 8 Education. The decision of the State Board of Education is not 9 subject to the provisions of the Administrative Procedure Act, 10 chapter 120. 11 Section 30. Paragraph (f) of subsection (5) and 12 paragraph (d) of subsection (6) of section 1002.335, Florida 13 Statutes, are amended to read: 14 1002.335 Florida Schools of Excellence Commission.-- 15 (5) CHARTERING AUTHORITY.-- 16 (f) The decision of the State Board of Education 17 pursuant to paragraph (e) shall not be subject to the 18 provisions of chapter 120 and shall be a final action subject 19 to judicial review by the district court of appeal. The 20 decision of the State Board of Education shall include written 21 findings of fact. 22 (6) APPROVAL OF COSPONSORS.-- 23 (d) The commission's decision to deny an application 24 or to revoke approval of a cosponsor pursuant to subsection 25 (8) is not subject to chapter 120 and may be appealed to the 26 State Board of Education pursuant to s. 1002.33(6). The 27 decision of the commission shall include written findings of 28 fact. 29 Section 31. Paragraph (b) of subsection (6) of section 30 1002.34, Florida Statutes, is amended to read: 31 1002.34 Charter technical career centers.-- 46 6:42 PM 02/28/07 s1970p-go00-r3r
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1970 Barcode 421316 585-1938-07 1 (6) SPONSOR.--A district school board or community 2 college board of trustees or a consortium of one or more of 3 each may sponsor a center in the county in which the board has 4 jurisdiction. 5 (b) An applicant may appeal any denial of its 6 application to the State Board of Education within 30 days 7 after the sponsor's denial and shall notify the sponsor of its 8 appeal. Any response of the sponsor must be submitted to the 9 state board within 30 days after notification of the appeal. 10 The State Board of Education must, by majority vote, accept or 11 reject the decision of the sponsor no later than 60 days after 12 an appeal is filed, pursuant to State Board of Education rule. 13 The State Board of Education may reject an appeal for failure 14 to comply with procedural rules governing the appeals process, 15 and the rejection must describe the submission errors. The 16 appellant may have up to 15 days after notice of rejection to 17 resubmit an appeal. An application for appeal submitted after 18 a rejection is timely if the original appeal was filed within 19 30 days after the sponsor's denial. The State Board of 20 Education shall remand the application to the sponsor with a 21 written recommendation that the sponsor approve or deny the 22 application, consistent with the state board's decision. The 23 decision of the State Board of Education shall include written 24 findings of fact. The decision of the State Board of Education 25 is not subject to the provisions of chapter 120. 26 Section 32. This act shall take effect July 1, 2007. 27 28 29 30 31 47 6:42 PM 02/28/07 s1970p-go00-r3r
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