May 31, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 1970

Senate Bill sb1970c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 1970

    By the Committee on Governmental Operations





    585-1998-07

  1                      A bill to be entitled

  2         An act relating to exemptions from the

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

  4         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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 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  

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  Validated informal nonbinding determinations issued by the

 2  South Florida Water Management District and the Southwest

 3  Florida Water Management District shall remain valid for a

 4  period of 5 years from the date of validation by the district,

 5  as long as physical conditions on the property do not change

 6  so as to alter the boundaries of surface waters or wetlands. A

 7  validation obtained under this section is final agency action

 8  unless a timely and sufficient petition for an administrative

 9  hearing under ss. Sections 120.569 and 120.57 is filed apply

10  to validations under this section.

11         Section 16.  Paragraph (d) of subsection (23) of

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

13         380.06  Developments of regional impact.--

14         (23)  ADOPTION OF RULES BY STATE LAND PLANNING

15  AGENCY.--

16         (d)  Regional planning agencies that perform

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

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

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

20  The state land planning agency shall adopt rules to provide

21  uniform criteria for the assessment and collection of such

22  fees. The rules providing uniform criteria shall not be

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

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

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

26  substantially affected persons. Until the state land planning

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

28  regional planning councils currently in effect regarding fees

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

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

31  unless the state land planning agency, after reviewing any

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  disputed expenses charged by the regional planning agency,

 2  determines that said expenses were reasonable and necessary

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

 4         Section 17.  Subsection (3) of section 393.0661,

 5  Florida Statutes, is amended to read:

 6         393.0661  Home and community-based services delivery

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

 8  the home and community-based services delivery system for

 9  persons with developmental disabilities and the availability

10  of appropriated funds are two of the critical elements in

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

12  Legislature that the Agency for Persons with Disabilities

13  shall develop and implement a comprehensive redesign of the

14  system.

15         (3)  Pending the adoption of rate methodologies

16  pursuant to nonemergency rulemaking under s. 120.54, The

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

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

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

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

21  such rules shall be exempt from time limitations provided in

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

23  another emergency rule or the nonemergency adoption of the

24  rate methodology.

25         Section 18.  Section 393.125, Florida Statutes, is

26  amended to read:

27         393.125  Rulemaking authority for agency action Hearing

28  rights.--

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

30  for Persons with Disabilities shall be held before the

31  Division of Administrative Hearings.

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1         (a)  The agency shall adopt rules to establish

 2  guidelines for administrative hearings which are relevant to

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

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

 5  clients of the agency are consistent with Medicaid law.

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

 7  be permitted to appear by telephone or video teleconference.

 8         (1)  REVIEW OF AGENCY DECISIONS.--

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

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

11  representative, who has any substantial interest determined by

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

13  pursuant to ss. 120.569 and 120.57.

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

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

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

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

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

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

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

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

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

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

24         (3)(2)  REVIEW OF PROVIDER DECISIONS.--The agency shall

25  adopt rules to establish uniform procedures guidelines for the

26  agency and service providers relevant to termination,

27  suspension, or reduction of client services by the service

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

29  service providers and clients.

30         Section 19.  Subsection (6) of section 408.039, Florida

31  Statutes, is amended to read:

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1         408.039  Review process.--The review process for

 2  certificates of need shall be as follows:

 3         (6)  JUDICIAL REVIEW.--

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

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

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

 7  seek judicial review in the District Court of Appeal pursuant

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

 9  proceeding.

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

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

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

13  408.031-408.045.

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

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

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

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

18         Section 20.  Section 409.285, Florida Statutes, is

19  amended to read:

20         409.285  Opportunity for hearing and appeal.--

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

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

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

24  assistance payment is modified or canceled, the applicant or

25  recipient may appeal the decision to the Department of

26  Children and Family Services in the manner and form prescribed

27  by the department.

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

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

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

31  authority is responsible for a final administrative decision

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  in the name of the state agency administering the public

 2  assistance program department on all issues that have been the

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

 4  administering the public assistance program department, the

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

 6  state agency administering the public assistance program

 7  department is responsible for seeing that the decision is

 8  carried out promptly.

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

10  section. Rules for the Temporary Assistance for Needy Families

11  block grant programs must be similar to the federal

12  requirements for Medicaid programs.

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

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

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

16  Social Security Act, the temporary cash assistance program,

17  the food stamp program, the optional state supplementation

18  program, or any other program authorized in Florida Statutes

19  for the Department of Children and Family Services to provide

20  benefits to individuals.

21         Section 21.  Section 440.021, Florida Statutes, is

22  amended to read:

23         440.021  Exemption of workers' compensation from

24  chapter 120.--Workers' compensation adjudications by judges of

25  compensation claims are exempt from chapter 120, and no judge

26  of compensation claims shall be considered an agency or a part

27  thereof. Communications of the result of investigations by the

28  department pursuant to s. 440.185(4) are exempt from chapter

29  120. In all instances in which the department institutes

30  action to collect a penalty or interest which may be due

31  pursuant to this chapter, the penalty or interest shall be

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  assessed without hearing, and the party against which such

 2  penalty or interest is assessed shall be given written notice

 3  of such assessment and shall have the right to protest within

 4  20 days of such notice. Upon receipt of a timely notice of

 5  protest and after such investigation as may be necessary, the

 6  department shall, if it agrees with such protest, notify the

 7  protesting party that the assessment has been revoked.  If the

 8  department does not agree with the protest, it shall refer the

 9  matter to the judge of compensation claims for determination

10  pursuant to s. 440.25(2)-(5).  Such action of the department

11  is exempt from the provisions of chapter 120.

12         Section 22.  Subsection (4) of section 456.073, Florida

13  Statutes, is amended to read:

14         456.073  Disciplinary proceedings.--Disciplinary

15  proceedings for each board shall be within the jurisdiction of

16  the department.

17         (4)  The determination as to whether probable cause

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

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

20  regulatory board shall provide by rule that the determination

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

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

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

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

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

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

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

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

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

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

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

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




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

 2  cause panel must include a former or present professional

 3  board member. However, any former professional board member

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

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

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

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

 8  investigation waives his or her privilege of confidentiality;

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

10  convened to reconsider the original finding of probable cause

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

12  make a reasonable request, and upon such request the

13  department shall provide such additional investigative

14  information as is necessary to the determination of probable

15  cause. A request for additional investigative information

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

17  the probable cause panel of the investigative report of the

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

19  department, as may be appropriate, shall make its

20  determination of probable cause within 30 days after receipt

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

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

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

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

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

26  30-day time limit, as may be extended, the probable cause

27  panel does not make a determination regarding the existence of

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

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

30  determination regarding the existence of probable cause within

31  10 days after the expiration of the time limit.  If the

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  probable cause panel finds that probable cause exists, it

 2  shall direct the department to file a formal complaint against

 3  the licensee. The department shall follow the directions of

 4  the probable cause panel regarding the filing of a formal

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

 6  formal complaint against the subject of the investigation and

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

 8  department may decide not to prosecute the complaint if it

 9  finds that probable cause has been improvidently found by the

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

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

12  prosecute the complaint pursuant to chapter 120. The

13  department shall also refer to the board any investigation or

14  disciplinary proceeding not before the Division of

15  Administrative Hearings pursuant to chapter 120 or otherwise

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

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

18  jurisdiction, must establish a uniform reporting system to

19  quarterly refer to each board the status of any investigation

20  or disciplinary proceeding that is not before the Division of

21  Administrative Hearings or otherwise completed by the

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

23  Annually, the department, in consultation with the applicable

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

25  otherwise close any investigation or disciplinary proceeding

26  that is not before the Division of Administrative Hearings or

27  otherwise completed by the department within 1 year after the

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

29  may retain independent legal counsel, employ investigators,

30  and continue the investigation as it deems necessary; all

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

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  department to implement this chapter. All proceedings of the

 2  probable cause panel are exempt from s. 120.525.

 3         Section 23.  Subsection (5) of section 458.345, Florida

 4  Statutes, is amended to read:

 5         458.345  Registration of resident physicians, interns,

 6  and fellows; list of hospital employees; prescribing of

 7  medicinal drugs; penalty.--

 8         (5)  Notwithstanding any provision of this section or

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

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

11         Section 24.  Subsection (8) of section 459.021, Florida

12  Statutes, is amended to read:

13         459.021  Registration of resident physicians, interns,

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

15         (8)  Notwithstanding any provision of this section or

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

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

18         Section 25.  Subsection (9) of section 497.153, Florida

19  Statutes, is amended to read:

20         497.153  Disciplinary procedures and penalties.--

21         (9)  DETERMINATIONS NOT SUBJECT TO CHAPTER 120.--The

22  following determinations shall not entitle any person to

23  proceedings under chapter 120:

24         (a)  A determination by the department to exercise its

25  authority under this chapter to investigate, financially

26  examine, or inspect any person or entity; or a determination

27  by the department concerning how to conduct such

28  investigation, financial examination, or inspection; or a

29  determination by the department concerning the content of any

30  report of investigation, financial examination, or inspection.

31  

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1         (a)(b)  A determination by the department that there is

 2  reasonable cause to believe that a licensee under this chapter

 3  is subject to disciplinary action under this chapter and that

 4  the matter should be presented to a probable cause panel of

 5  the board, or that the licensee is not eligible for a citation

 6  pursuant to criteria established by the board.

 7         (b)(c)  A determination by a probable cause panel of

 8  the board that probable cause does or does not exist, or a

 9  determination by the department under paragraph (3)(b).

10         (d)  A determination by the department not to offer any

11  settlement to a licensee concerning any disciplinary matter.

12         Section 26.  Section 538.11, Florida Statutes, is

13  amended to read:

14         538.11  Powers and duties of department; rules.--The

15  same duties and privileges imposed by chapter 212 upon dealers

16  of tangible personal property respecting the keeping of books

17  and records and accounts and compliance with rules of the

18  department shall apply to and be binding upon all persons who

19  are subject to the provisions of this chapter. The department

20  shall administer, collect, and enforce the registration

21  authorized under this chapter pursuant to the same procedures

22  used in the administration, collection, and enforcement of the

23  general state sales tax imposed under chapter 212, except as

24  provided in this section.  The provisions of chapter 212

25  regarding the keeping of records and books shall apply.  The

26  department is authorized to employ persons and incur other

27  expenses for which funds are appropriated by the Legislature.

28  The department is empowered to adopt such rules, and shall

29  prescribe and publish such forms, as may be necessary to

30  effectuate the purposes of this chapter. The Legislature

31  hereby finds that the failure to promptly implement the

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  provisions of this chapter would present an immediate threat

 2  to the welfare of the state. Therefore, the executive director

 3  of the department is hereby authorized to adopt emergency

 4  rules pursuant to s. 120.54(4), for purposes of implementing

 5  this chapter. Notwithstanding any other provision of law, such

 6  emergency rules shall remain effective for 6 months from the

 7  date of adoption. Other rules of the department related to and

 8  in furtherance of the orderly implementation of the chapter

 9  shall not be subject to a rule challenge under s. 120.56(2) or

10  a drawout proceeding under s. 120.54(3)(c)2. but, once

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

12  120.56(3).  Such rules shall be adopted by the Governor and

13  Cabinet and shall become effective upon filing with the

14  Department of State, notwithstanding the provisions of s.

15  120.54(3)(e)6.

16         Section 27.  Section 548.07, Florida Statutes, is

17  amended to read:

18         548.07  Suspension of license or permit by

19  commissioner; hearing.--

20         (1)  Notwithstanding any provision of chapter 120, any

21  member of the commission may, upon her or his own motion or

22  upon the verified written complaint of any person charging a

23  licensee or permittee with violating this chapter, suspend any

24  license or permit until final determination by the commission

25  if such action is necessary to protect the health, safety, and

26  welfare of the public welfare and the best interests of the

27  sport.

28         (2)  The commission shall hold a hearing within 10 days

29  after the date on which the license or permit is suspended.

30         Section 28.  Section 548.073, Florida Statutes, is

31  repealed.

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1         Section 29.  Paragraph (c) of subsection (6) of section

 2  1002.33, Florida Statutes, is amended to read:

 3         1002.33  Charter schools.--

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

 5  applications are subject to the following requirements:

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

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

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

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

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

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

12  submitted to the State Board of Education within 30 calendar

13  days after notification of the appeal. Upon receipt of

14  notification from the State Board of Education that a charter

15  school applicant is filing an appeal, the Commissioner of

16  Education shall convene a meeting of the Charter School Appeal

17  Commission to study and make recommendations to the State

18  Board of Education regarding its pending decision about the

19  appeal. The commission shall forward its recommendation to the

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

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

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

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

24  appeal is filed in accordance with State Board of Education

25  rule. The Charter School Appeal Commission may reject an

26  appeal submission for failure to comply with procedural rules

27  governing the appeals process. The rejection shall describe

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

29  calendar days from notice of rejection to resubmit an appeal

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

31  application for appeal submitted subsequent to such rejection

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1  shall be considered timely if the original appeal was filed

 2  within 30 calendar days after receipt of notice of the

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

 4  charter application. The State Board of Education shall remand

 5  the application to the district school board with its written

 6  decision that the district school board approve or deny the

 7  application. The decision of the State Board of Education

 8  shall include written findings of fact. The district school

 9  board shall implement the decision of the State Board of

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

11  subject to the provisions of the Administrative Procedure Act,

12  chapter 120.

13         Section 30.  Paragraph (f) of subsection (5) and

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

15  Statutes, are amended to read:

16         1002.335  Florida Schools of Excellence Commission.--

17         (5)  CHARTERING AUTHORITY.--

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

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

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

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

22  decision of the State Board of Education shall include written

23  findings of fact.

24         (6)  APPROVAL OF COSPONSORS.--

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

26  or to revoke approval of a cosponsor pursuant to subsection

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

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

29  decision of the commission shall include written findings of

30  fact.

31  

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1         Section 31.  Paragraph (b) of subsection (6) of section

 2  1002.34, Florida Statutes, is amended to read:

 3         1002.34  Charter technical career centers.--

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

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

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

 7  jurisdiction.

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

 9  application to the State Board of Education within 30 days

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

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

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

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

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

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

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

17  to comply with procedural rules governing the appeals process,

18  and the rejection must describe the submission errors. The

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

20  resubmit an appeal. An application for appeal submitted after

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

22  30 days after the sponsor's denial. The State Board of

23  Education shall remand the application to the sponsor with a

24  written recommendation that the sponsor approve or deny the

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

26  decision of the State Board of Education shall include written

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

28  is not subject to the provisions of chapter 120.

29         Section 32.  This act shall take effect July 1, 2007.

30  

31  

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                           CS for SB 1970
    585-1998-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1970

 3                                 

 4  Limits an exemption relating to emergency rules adopted by the
    Department of the Lottery.
 5  
    Deletes an obsolete provision requiring the Department of
 6  Environmental Protection to develop a process for
    consolidating certain aquaculture permits.
 7  
    Amends s. 373.421, F.S., to clarify that a formal
 8  determination, or validated informal nonbinding determination,
    is final agency action unless a timely and sufficient petition
 9  for an administrative hearing is filed.

10  Amends s. 440.021, F.S., to repeal outdated provisions
    relating to investigations and penalty and interest protests
11  in workers' compensation adjudications.

12  Amends s. 497.153, F.S., by repealing an unnecessary exemption
    concerning DFS determinations relating to funeral and cemetery
13  services.

14  Amends s. 538.11, F.S., by repealing an obsolete provision
    exempting Department of Revenue emergency rules regarding
15  secondhand dealers and secondary metals recyclers.

16  Amends s. 548.07, F.S., by clarifying that the Florida State
    Boxing Commission may suspend any license or permit of any
17  person charged with violating the provisions of ch. 548, F.S.,
    if such action is necessary to protect the health, safety and
18  welfare of the public.

19  Repeals s. 548.073, F.S., which allows any member of the
    Florida State Boxing Commission to conduct a hearing under ch.
20  548, F.S.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  48

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader