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Senate Bill 2546

Senate Bill sb2546

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2546

    By Senator Haridopolos





    26-1315-05

  1                      A bill to be entitled

  2         An act relating to obsolete or outdated agency

  3         plans, reports, and programs; repealing s.

  4         14.25, F.S., relating to the Florida State

  5         Commission on Hispanic Affairs; amending s.

  6         14.26, F.S.; revising reporting requirements of

  7         the Citizen's Assistance Office; repealing s.

  8         14.27, F.S., relating to the Florida Commission

  9         of African-American Affairs; repealing s.

10         16.58, F.S., relating to the Florida Legal

11         Resource Center; amending s. 17.32, F.S.;

12         revising the recipients of the annual report of

13         trust funds by the Chief Financial Officer;

14         amending s. 17.325, F.S.; deleting a reporting

15         requirement relating to the governmental

16         efficiency hotline; amending s. 20.057, F.S.;

17         deleting a reporting requirement of the

18         Governor relating to interagency agreements to

19         delete duplication of inspections; amending s.

20         20.19, F.S.; deleting provisions relating to

21         planning by the Department of Children and

22         Family Services; deleting provisions relating

23         to planning in service districts of the

24         department; amending s. 20.315, F.S.; revising

25         provisions relating to planning functions of

26         the Florida Corrections Commission; repealing

27         s. 20.316(4)(e), (f), and (g), F.S.; deleting

28         provisions relating to information systems of

29         the Department of Juvenile Justice; amending s.

30         20.43, F.S.; revising provisions relating to

31         planning by the Department of Health; amending

                                  1

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         s. 39.001, F.S.; revising provisions relating

 2         to planning by the Department of Children and

 3         Family Services; amending s. 39.3065, F.S.;

 4         deleting certain provisions relating to

 5         evaluations and reports of child protective

 6         investigative services; amending s. 39.4086,

 7         F.S.; deleting provisions relating to a report

 8         by the State Courts Administrator on a guardian

 9         ad litem program for dependent children;

10         repealing s. 39.523(5), F.S.; deleting

11         provisions relating to a report on placement of

12         children in licensed residential group care;

13         amending s. 98.255, F.S.; deleting provisions

14         relating to a report on the effectiveness of

15         voter education programs; repealing s.

16         106.22(10), F.S.; deleting a provision relating

17         to a report by the Division of Elections;

18         amending s. 110.1227, F.S.; revising provisions

19         relating to a report by the board of directors

20         of the Florida Long-Term Care Plan; amending s.

21         120.542, F.S.; deleting provisions relating to

22         reports of petitions filed for variances to

23         agency rules; amending s. 120.60, F.S.;

24         deleting a provision relating to filing of

25         notice and certification of an agency's intent

26         to grant or deny a license; amending s.

27         120.695, F.S.; deleting obsolete provisions

28         relating to agency review of rules; amending s.

29         120.74, F.S.; deleting provisions relating to

30         an agency report of review and revision of

31         rules; amending s. 121.45, F.S.; deleting

                                  2

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         provisions relating to reports on interstate

 2         compacts relating to pension portability;

 3         repealing s. 153.952, F.S., relating to

 4         legislative findings and intent on privately

 5         owned wastewater systems and facilities;

 6         amending s. 161.053, F.S.; deleting a provision

 7         relating to a report on the coastal

 8         construction control line; amending s. 161.161,

 9         F.S.; deleting a provision requiring a report

10         on funding for beach erosion control; repealing

11         s. 163.2526, F.S., relating to a review and

12         evaluation of urban infill; amending s.

13         163.3167, F.S.; deleting provisions relating to

14         local government comprehensive plans; amending

15         s. 163.3177, F.S.; revising requirements for

16         comprehensive plans; amending s. 163.3178,

17         F.S.; deleting a duty of the Coastal Resources

18         Interagency Management Committee to submit

19         certain recommendations; repealing s.

20         163.519(12), F.S.; deleting a requirement of a

21         report on neighborhood improvement districts by

22         the Department of Legal Affairs; repealing s.

23         186.007(9), F.S.; deleting provisions relating

24         to a committee to recommend to the Governor

25         changes in the state comprehensive plan;

26         amending s. 186.022, F.S.; deleting a reference

27         to the Criminal and Juvenile Justice

28         Information Systems Council; amending ss.

29         189.4035, 189.412, F.S.; revising requirements

30         relating to dissemination of the official list

31         of special districts; amending s. 194.034,

                                  3

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         F.S.; deleting a requirement that the

 2         Department of Revenue be notified of certain

 3         value adjustment board decisions; amending s.

 4         206.606, F.S.; revising provisions relating to

 5         a report on the Florida Boating Improvement

 6         Program; amending s. 212.054, F.S.; deleting

 7         the requirement of a report on costs of

 8         administering the discretionary sales surtax;

 9         amending s. 212.08, F.S.; deleting a

10         requirement for a report on the sales tax

11         exemption for machinery and equipment used in

12         semiconductor, defense, or space technology

13         production and research and development;

14         repealing s. 213.0452, F.S., relating to a

15         report on the structure of the Department of

16         Revenue; repealing s. 213.054, F.S., relating

17         to monitoring and reporting on persons claiming

18         tax exemptions; repealing s. 215.5601(5)(f),

19         F.S.; deleting provisions relating to duties of

20         the Governor with respect to the Lawton Chiles

21         Endowment Fund; amending s. 215.70, F.S.;

22         requiring the State Board of Administration to

23         report to the Governor when funds need to be

24         appropriated to honor the full faith and credit

25         of the state; amending s. 216.011, F.S.;

26         redefining the term "long-range program plan";

27         amending s. 216.013, F.S.; revising

28         requirements with respect to long-range program

29         plans; repealing s. 216.103, F.S., relating to

30         agencies receiving federal funds; repealing s.

31         216.172, F.S., relating to meetings of

                                  4

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         legislative appropriations committees;

 2         repealing s. 216.181(10)(c), F.S.; deleting

 3         provisions relating to reports of filled and

 4         vacant positions and salaries; repealing s.

 5         216.1825, F.S., relating to zero-based

 6         budgeting; amending s. 252.55, F.S.; revising

 7         certain reporting requirements relating to the

 8         Civil Air Patrol; amending s. 253.7825, F.S.;

 9         deleting provisions relating to the plan for

10         the Cross Florida Greenways State Recreation

11         and Conservation Area; repealing s. 253.7826,

12         F.S., relating to Cross Florida Barge Canal

13         structures; repealing s. 253.7829, F.S.,

14         relating to a management plan for retention or

15         disposition of Cross Florida Barge Canal lands;

16         amending s. 259.037, F.S.; revising provisions

17         relating to a report of the Land Management

18         Uniform Accounting Council; repealing s.

19         265.56, F.S., relating to an annual report by

20         the Department of State; repealing s.

21         267.074(4), F.S.; deleting provisions relating

22         to a plan for the State Historical Marker

23         Program; repealing s. 272.121, F.S., relating

24         to Capitol Center long-range planning;

25         repealing s. 282.102(28), F.S.; deleting a

26         requirement for a report by the State

27         Technology Office; repealing s. 284.50(3),

28         F.S.; deleting a requirement for a report by

29         the Interagency Advisory Council on Loss

30         Prevention and department heads; repealing s.

31         287.045(11), F.S.; deleting a requirement for

                                  5

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         reports on use of recycled products; amending

 2         s. 287.059, F.S.; deleting a requirement for

 3         reporting proposed fee schedules for private

 4         attorney services for the Attorney General's

 5         office; repealing s. 287.16(10), F.S.; deleting

 6         a requirement of a report on aircraft use by

 7         the Department of Management Services;

 8         repealing s. 288.1045(6)(d), F.S.; deleting a

 9         requirement for a report by the Office of

10         Tourism, Trade, and Economic Development on the

11         defense contractor tax refund program;

12         repealing s. 288.108(7), F.S.; deleting a

13         requirement for a report by the Office of

14         Tourism, Trade, and Economic Development on

15         high-impact businesses; repealing s. 288.1185,

16         F.S., relating to the Recycling Markets

17         Advisory Committee; amending s. 288.1226, F.S.;

18         deleting a requirement for the Office of

19         Tourism, Trade, and Economic Development to

20         certify operations of the Florida Tourism

21         Industry Marketing Corporation; amending s.

22         288.1229, F.S.; revising duties of the

23         direct-support organization to support

24         sports-related industries and amateur

25         athletics; repealing s. 288.7015(4), F.S.;

26         deleting a requirement for a report by the

27         rules ombudsman in the Executive Office of the

28         Governor; amending s. 288.7771, F.S.; revising

29         a reporting requirement of the Florida Export

30         Finance Corporation; repealing s. 288.8175(8),

31         (10), and (11), F.S.; deleting certain

                                  6

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         responsibilities of the Department of Education

 2         with respect to linkage institutes between

 3         postsecondary institutions in this state and

 4         foreign countries; repealing s. 288.853(5),

 5         F.S.; deleting the requirement of a report on

 6         assistance to and commerce with Cuba; amending

 7         s. 288.95155, F.S.; revising requirements for a

 8         report by Enterprise Florida, Inc., on the

 9         Florida Small Business Technology Growth

10         Program; amending s. 288.9604, F.S.; deleting a

11         requirement of a report by the Florida

12         Development Finance Corporation; amending s.

13         288.9610, F.S.; revising provisions relating to

14         annual reporting by the corporation; amending

15         s. 292.04, F.S.; deleting provisions relating

16         to a survey by the Florida Commission on

17         Veterans' Affairs; amending s. 292.05, F.S.;

18         revising requirements relating to a report by

19         the Department of Veterans' Affairs; repealing

20         ss. 296.16, 296.29, F.S., relating to reports

21         by the executive director of the Department of

22         Veterans' Affairs; repealing s. 315.03(12)(c),

23         F.S.; deleting provisions relating to

24         legislative review of a loan program of the

25         Florida Seaport Transportation and Economic

26         Development Council; amending s. 319.324, F.S.;

27         deleting provisions relating to funding a

28         report on odometer fraud prevention and

29         detection; amending s. 322.181, F.S.; revising

30         provisions relating to a study by the

31         Department of Highway Safety and Motor Vehicles

                                  7

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         on driving by the elderly; repealing s.

 2         322.251(7)(c), F.S.; deleting provisions

 3         relating to a plan to indemnify persons wanted

 4         for passing worthless bank checks; amending s.

 5         365.171, F.S.; deleting a provision relating to

 6         a schedule for implementing emergency telephone

 7         system 911; repealing s. 365.172(6)(d), F.S.;

 8         deleting provisions relating to a study by the

 9         board of directors of the Wireless 911 Board;

10         repealing s. 366.82(4), F.S.; deleting a

11         provision relating to reports by utilities to

12         the Public Service Commission; amending s.

13         369.22, F.S.; revising requirements relating to

14         a report by the Department of Environmental

15         Protection on nonindigenous plant control;

16         repealing s. 370.26(8), F.S.; deleting a duty

17         of the Fish and Wildlife Conservation

18         Commission relating to an aquaculture plan;

19         amending s. 372.5712, F.S.; revising provisions

20         relating to a report by the commission on

21         waterfowl permit revenues; amending s.

22         372.5715, F.S.; revising provisions relating to

23         a report by the commission on wild turkey

24         permit revenues; repealing s. 372.673, F.S.,

25         relating to the Florida Panther Technical

26         Advisory Council; repealing s. 372.674, F.S.,

27         relating to environmental education; amending

28         s. 373.0391, F.S.; deleting provisions relating

29         to provision of certain information by water

30         management districts; amending s. 373.046,

31         F.S.; deleting an obsolete provision requiring

                                  8

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         a report by the secretary of the Department of

 2         Environmental Protection; amending s. 373.1963,

 3         F.S.; deleting an obsolete provision relating

 4         to an agreement between the West Coast Regional

 5         Water Supply Authority and the Southwest

 6         Florida Water Management District; repealing s.

 7         376.121(14), F.S.; deleting a provision

 8         relating to a report by the Department of

 9         Environmental Protection on damage to natural

10         resources; repealing s. 376.17, F.S., relating

11         to reports of the department to the

12         Legislature; repealing s. 376.30713(5), F.S.;

13         deleting provisions relating to a report on

14         preapproved advanced cleanup; amending s.

15         377.703, F.S.; deleting a requirement for a

16         report from the Public Service Commission on

17         electricity, natural gas, and energy

18         conservation; amending s. 380.06, F.S.;

19         deleting provisions on transmission of

20         revisions relating to statewide guidelines and

21         standards for developments of regional impact;

22         repealing s. 380.0677(3), F.S.; deleting

23         provisions relating to powers of the Green

24         Swamp Land Authority; repealing s. 381.0011(3),

25         F.S.; deleting provisions relating to an

26         inclusion in the Department of Health's

27         strategic plan; repealing s. 381.0066, F.S.,

28         relating to planning for implementation of

29         educational requirements concerning HIV and

30         AIDS; repealing s. 381.731, F.S., relating to

31         strategic planning of the Department of Health;

                                  9

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         amending s. 381.795, F.S.; deleting provisions

 2         relating to studies by the Department of Health

 3         on long-term, community-based supports;

 4         repealing s. 381.90(7)(a), F.S.; deleting

 5         provisions relating to the Health Information

 6         Systems Council's duty to develop a strategic

 7         plan; amending s. 381.931, F.S.; deleting

 8         provisions relating to the duty of the

 9         Department of Health to develop a report on

10         Medicaid expenditures; amending s. 383.19,

11         F.S.; revising provisions relating to reports

12         by hospitals contracting to provide perinatal

13         intensive care services; repealing s. 383.21,

14         F.S., relating to perinatal intensive care

15         service program review; amending s. 383.2161,

16         F.S.; revising requirements relating to a

17         report by the Department of Health on maternal

18         and child health; repealing s. 384.25(6), F.S.;

19         deleting provisions relating to a report by the

20         Department of Health on sexually transmissible

21         diseases; repealing s. 394.4573(4), F.S.;

22         deleting the requirement for a report by the

23         Department of Children and Family Services on

24         state mental health facility staffing; amending

25         s. 394.4985, F.S.; deleting provisions relating

26         to plans by department districts; amending s.

27         394.75, F.S.; revising provisions relating to

28         reports by the department on substance abuse

29         and mental health plans; repealing s. 394.82,

30         F.S., relating to funding of expanded community

31         mental health services; amending s. 394.9082,

                                  10

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         F.S.; deleting obsolete provisions relating to

 2         an amendment to the master state plan on

 3         behavioral health services and to provision of

 4         status reports; repealing s. 394.9083, F.S.,

 5         relating to the Behavioral Health Services

 6         Integration Workgroup; repealing s.

 7         395.807(2)(c), F.S.; deleting requirements for

 8         a report on retention of family practice

 9         residents; repealing s. 397.321(1) and (20),

10         F.S.; deleting a requirement that the

11         Department of Children and Family Services

12         develop a plan for substance abuse services;

13         repealing s. 397.332(3), F.S.; deleting the

14         requirement for a report by the director of the

15         Office of Drug Control; amending s. 397.333,

16         F.S.; deleting the requirement for a report by

17         the Statewide Drug Policy Advisory Council;

18         repealing s. 397.94(1), F.S.; deleting

19         provisions relating to children's substance

20         abuse services plans by service districts of

21         the Department of Children and Family Services;

22         amending s. 400.0067, F.S.; revising

23         requirements relating to a report by the State

24         Long-Term Care Ombudsman Council; repealing s.

25         400.0075(3), F.S.; deleting a provision

26         relating to such report; amending s. 400.0089,

27         F.S.; revising requirements relating to a

28         report by the Department of Elderly Affairs and

29         transferring responsibility for the report to

30         the council; repealing s. 400.148(2), F.S.;

31         deleting a provision relating to a pilot

                                  11

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         program of the Agency for Health Care

 2         Administration on a quality-of-care contract

 3         management program; amending s. 400.407, F.S.;

 4         deleting provisions relating to a report by the

 5         Department of Elderly Affairs on extended

 6         congregate care facilities; repealing s.

 7         400.408(1)(i), F.S.; deleting a provision

 8         relating to local workgroups of field offices

 9         of the Agency for Health Care Administration;

10         amending s. 400.419, F.S.; requiring a

11         specified report to be distributed to the

12         Agency for Persons with Disabilities; amending

13         s. 400.441, F.S.; deleting provisions relating

14         to a report concerning standards for assisted

15         living facilities; amending s. 400.967, F.S.;

16         deleting provisions relating to a report by the

17         Agency for Health Care Administration on

18         intermediate care facilities for

19         developmentally disabled persons; revising

20         agencies that may review the agency's plan;

21         repealing s. 402.3016(3), F.S.; deleting a

22         requirement for a report by the agency on early

23         head start collaboration grants; repealing s.

24         402.40(9), F.S.; deleting a provision relating

25         to submission of certain information related to

26         child welfare training to the Legislature;

27         amending s. 402.73, F.S.; deleting provisions

28         relating to a report by the Department of

29         Children and Family Services on competitive

30         procurement of client services; amending s.

31         403.067, F.S.; deleting provisions requiring a

                                  12

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    Florida Senate - 2005                                  SB 2546
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 1         report by the Department of Environmental

 2         Protection on water pollution; amending s.

 3         403.4131, F.S.; deleting provisions relating to

 4         a report on the adopt-a-highway program;

 5         repealing s. 403.756, F.S., relating to a

 6         report on oil recycling; amending s. 403.7226,

 7         F.S.; deleting provisions relating to

 8         responsibilities of the Department of

 9         Environmental Protection with respect to local

10         hazardous waste management; repealing s.

11         403.7265(2), F.S.; deleting provisions relating

12         to a statewide local hazardous waste management

13         plan; amending s. 403.7895, F.S.; deleting

14         provisions relating to a hazardous waste needs

15         and capacity study; repealing s. 406.02(4)(a),

16         F.S.; deleting a requirement for a report by

17         the Medical Examiners Commission; amending s.

18         408.033, F.S.; revising provisions relating to

19         reports by local health councils; repealing s.

20         408.914(4), F.S.; deleting provisions requiring

21         the Agency for Health Care Administration to

22         submit a plan on comprehensive health and human

23         services eligibility access to the Governor;

24         amending s. 408.915(3)(i), F.S.; deleting

25         provisions requiring periodic reports on the

26         pilot program for such access; repealing s.

27         408.917, F.S., relating to evaluation of the

28         pilot project; amending s. 409.1451, F.S.;

29         revising requirements relating to reports on

30         independent living transition services;

31         repealing s. 409.146, F.S., relating to the

                                  13

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    Florida Senate - 2005                                  SB 2546
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 1         children and families client and management

 2         information system; repealing s. 409.152, F.S.,

 3         relating to service integration and family

 4         preservation; repealing s. 409.1679(1) and (2),

 5         F.S.; deleting provisions relating to reports

 6         concerning residential group care services;

 7         amending s. 409.1685, F.S.; revising provisions

 8         relating to reports by the Department of

 9         Children and Family Services on children in

10         foster care; amending s. 409.178, F.S.;

11         deleting provisions relating to use of child

12         care purchasing pool funds; repealing s.

13         409.221(4)(k), F.S.; deleting provisions

14         relating to reports on consumer-directed care;

15         amending s. 409.25575, F.S.; deleting

16         provisions relating to a report by the

17         Department of Revenue regarding a quality

18         assurance program for privatization of

19         services; amending s. 409.2558, F.S.; deleting

20         provisions relating to the Department of

21         Revenue's solicitation of recommendations

22         related to a rule on undistributable

23         collections; amending s. 409.2567, F.S.;

24         deleting provisions relating to a report by the

25         Department of Revenue on collection of

26         assistance from noncustodial parents; repealing

27         s. 409.441(3), F.S.; deleting provisions

28         relating to the state plan for the handling of

29         runaway youths; amending s. 409.906, F.S.;

30         deleting a requirement for reports of

31         child-welfare-targeted case management

                                  14

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    Florida Senate - 2005                                  SB 2546
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 1         projects; amending s. 409.9065, F.S.; deleting

 2         a provision relating to a report by the Agency

 3         for Health Care Administration on the

 4         pharmaceutical expense assistance program;

 5         amending s. 409.91188, F.S.; deleting a

 6         requirement that the Agency for Health Care

 7         Administration monitor and report on a waiver

 8         program for specialty prepaid health plans;

 9         amending s. 409.912, F.S.; revising provisions

10         relating to duties of the agency with respect

11         to cost-effective purchasing of health care;

12         repealing s. 410.0245, F.S., relating to a

13         study of service needs of the disabled adult

14         population; repealing s. 410.604(10), F.S.;

15         deleting a requirement for the Department of

16         Children and Family Services to evaluate the

17         community care for disabled adults program;

18         repealing s. 411.221, F.S., relating to

19         prevention and early assistance; repealing s.

20         411.242, F.S., relating to the Florida

21         Education Now and Babies Later program;

22         repealing s. 413.402(8), F.S.; deleting a

23         provision relating to a plan by the Association

24         of Centers for Independent Living on a personal

25         care attendant program; repealing s.

26         414.1251(3), F.S.; deleting a provision

27         relating to an electronic data transfer system

28         for the learnfare program; amending s. 414.14,

29         F.S.; deleting a provision relating to a report

30         by the secretary of the Department of Children

31         and Family Services on public assistance policy

                                  15

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    Florida Senate - 2005                                  SB 2546
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 1         simplification; repealing s. 414.36(1), F.S.;

 2         deleting a provision relating to a plan for

 3         privatization of recovery of public assistance

 4         overpayment claims; repealing s. 414.391(3),

 5         F.S.; deleting provisions relating to a plan

 6         for automated fingerprint imaging; amending s.

 7         415.1045, F.S.; deleting a requirement for a

 8         study by the Office of Program Policy Analysis

 9         and Government Accountability on documentation

10         of exploitation, abuse, or neglect; amending s.

11         415.111, F.S.; deleting the requirement for a

12         report by the Department of Children and Family

13         Services on exploitation, abuse, or neglect;

14         amending s. 420.622, F.S.; revising

15         requirements relating to a report by the State

16         Council on Homelessness; repealing s.

17         420.623(4), F.S.; deleting a requirement for a

18         report by the Department of Community Affairs

19         on homelessness; amending s. 427.704, F.S.;

20         revising requirements relating to a report by

21         the Public Service Commission on a

22         telecommunications access system; amending s.

23         427.706, F.S.; revising requirements relating

24         to a report by the advisory committee on

25         telecommunications access; amending s. 430.04,

26         F.S.; revising duties of the Department of

27         Elderly Affairs with respect to certain reports

28         and recommendations; amending s. 430.502, F.S.;

29         revising requirements with respect to reports

30         by the Alzheimer's Disease Advisory Committee;

31         amending s. 430.707, F.S.; deleting provisions

                                  16

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         relating to a report by the Department of

 2         Elderly Affairs on contracts with managed care

 3         organizations; amending s. 445.003, F.S.;

 4         revising requirements relating to a report by

 5         Workforce Florida, Inc., on the Incumbent

 6         Worker Training Program; amending s. 445.004,

 7         F.S.; deleting provisions relating to

 8         appointment of members to Workforce Florida,

 9         Inc.; amending s. 445.006, F.S.; deleting

10         provisions relating to a strategic plan for

11         workforce development; repealing s. 445.022(4),

12         F.S.; deleting a requirement for reports by

13         regional workforce boards on retention

14         incentive; repealing s. 445.049(9), F.S.;

15         deleting a requirement for a report by the

16         Digital Divide Council; repealing s. 446.27,

17         F.S., relating to a report by the former

18         Department of Labor and Employment Security;

19         amending s. 446.50, F.S.; deleting provisions

20         relating to a state plan for displaced

21         homemakers; amending s. 446.609, F.S.; deleting

22         provisions relating to measuring success of the

23         Jobs for Florida's Graduates Act; repealing s.

24         455.204, F.S., relating to long-range policy

25         planning in the Department of Business and

26         Professional Regulation; repealing s.

27         455.2226(8), F.S.; deleting a requirement for a

28         report by the Board of Funeral Directors and

29         Embalmers; repealing s. 455.2228(6), F.S.;

30         deleting a requirement for reports by the

31         Barbers' Board and the Board of Cosmetology;

                                  17

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 1         amending s. 456.005, F.S.; revising

 2         requirements relating to long-range planning by

 3         professional boards; amending s. 456.025, F.S.;

 4         revising requirements relating to a report to

 5         professional boards by the Department of

 6         Health; repealing s. 456.031(5), F.S.; deleting

 7         provisions relating to reports by professional

 8         boards about instruction on domestic violence;

 9         repealing s. 456.033(8), F.S.; deleting

10         provisions relating to reports by professional

11         boards about HIV and AIDS; repealing s.

12         456.034(6), F.S.; deleting provisions relating

13         to reports by professional boards about HIV and

14         AIDS; amending s. 517.302, F.S.; deleting a

15         requirement for a report by the Office of

16         Financial Regulation on deposits into the

17         Anti-Fraud Trust Fund; repealing s. 526.3135,

18         F.S., relating to reports by the Division of

19         Standards; repealing s. 531.415(3), F.S.;

20         deleting the requirement of a report by the

21         Department of Agriculture and Consumer Services

22         on fees; repealing s. 553.975, F.S., relating

23         to a report to the Governor and Legislature by

24         the Public Service Commission; repealing s.

25         570.0705(3), F.S.; deleting the requirement of

26         a report by the Commissioner of Agriculture

27         about advisory committees; repealing s.

28         570.0725(5), F.S.; deleting provisions relating

29         to a report by the Department of Agriculture

30         and Consumer Services about supporting food

31         recovery programs; repealing s. 570.235(3),

                                  18

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 1         F.S.; deleting a requirement for a report by

 2         the pest Exclusion Advisory Committee;

 3         repealing s. 570.543(3), F.S.; deleting

 4         provisions relating to legislative

 5         recommendations of the Florida Consumers'

 6         Council; repealing s. 570.952(5), F.S.;

 7         deleting provisions relating to a

 8         recommendation of the Commissioner of

 9         Agriculture concerning the Florida Agriculture

10         Center and Horse Park Authority; amending s.

11         603.204, F.S.; revising requirements relating

12         to the South Florida Tropical Fruit Plan;

13         amending s. 657.351, F.S.; revising duties of

14         the Citizens Property Insurance Corporation

15         relating to insurance risk apportionment plans;

16         amending s. 627.64872, F.S.; deleting

17         provisions relating to an interim report by the

18         board of directors of the Florida Health

19         Insurance Plan; prohibiting the board from

20         acting to implement the plan until certain

21         funds are appropriated; amending s. 644.7021,

22         F.S.; revising provisions relating to reports

23         by the executive director of the Statewide

24         Public Guardianship Office; amending s.

25         744.708, F.S.; revising provisions relating to

26         audits of public guardian offices and to

27         reports concerning those offices; repealing s.

28         765.5215(3), F.S.; deleting a requirement for a

29         report by the Agency for Health Care

30         Administration about organ donation; amending

31         s. 768.295, F.S.; revising duties of the

                                  19

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 1         Attorney General relating to reports about

 2         "SLAPP" lawsuits; amending s. 775.084, F.S.;

 3         deleting provisions relating to sentencing of

 4         violent career criminals and to reports of

 5         judicial actions with respect thereto; amending

 6         s. 790.22, F.S.; deleting provisions relating

 7         to reports by the Department of Juvenile

 8         Justice about certain juvenile offenses that

 9         involve weapons; repealing s. 732.7055(9)(b),

10         F.S.; deleting the requirement of a report by

11         the Department of Law Enforcement relating to

12         disposition of liens and forfeited property;

13         repealing s. 943.08(3), F.S.; deleting

14         provisions relating to planning by the Criminal

15         and Juvenile Justice Information Systems

16         Council; repealing s. 943.125(2), F.S.;

17         deleting provisions relating to reports by the

18         Florida Sheriffs Association and the Florida

19         Police Chiefs Association about law enforcement

20         agency accreditation; amending s. 943.68, F.S.;

21         revising requirements relating to reports by

22         the Department of Law Enforcement about

23         transportation and protective services;

24         amending s. 944.023, F.S.; deleting provisions

25         relating to the comprehensive correctional

26         master plan; amending s. 944.801, F.S.;

27         deleting a requirement to deliver to specified

28         officials copies of certain reports about

29         education of state prisoners; repealing s.

30         945.35(10), F.S.; deleting a requirement for a

31         report by the Department of Corrections

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 1         concerning HIV and AIDS education; repealing s.

 2         948.10(8)(d), F.S.; deleting a requirement for

 3         a report by the Department of Corrections about

 4         placement of ineligible offenders on community

 5         control; repealing s. 948.045(9), F.S.;

 6         deleting provisions relating to a report by the

 7         department about youthful offenders; amending

 8         s. 960.045, F.S.; revising requirements

 9         relating to reports by the Department of Legal

10         Affairs with respect to victims of crimes;

11         repealing s. 985.02(8)(c), F.S.; deleting the

12         requirement of a study by the Office of Program

13         Policy Analysis and Government Accountability

14         on programs for young females within the

15         Department of Juvenile Justice; amending s.

16         985.08, F.S.; deleting provisions relating to a

17         plan by a multiagency task force on information

18         systems related to delinquency; amending s.

19         985.3045, F.S.; deleting provisions relating to

20         a report by the prevention services program;

21         repealing s. 985.3046, F.S., relating to

22         agencies and entities providing prevention

23         services; repealing s. 985.305(5), F.S.;

24         deleting provisions relating to a report by the

25         Department of Juvenile Justice on early

26         delinquency intervention; amending s. 985.309,

27         F.S.; deleting provisions relating to a report

28         concerning a boot camp for children; amending

29         s. 985.31, F.S.; deleting provisions relating

30         to a report on serious or habitual juvenile

31         offenders; amending s. 985.311, F.S.; deleting

                                  21

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 1         provisions relating to a report on intensive

 2         residential treatment for offenders under 13

 3         years of age; amending s. 985.3155, F.S.;

 4         deleting provisions relating to submission of

 5         the multiagency plan for vocational education;

 6         repealing s. 985.403, F.S., relating to the

 7         Task Force on Juvenile Sexual Offenders and

 8         their Victims; repealing s. 985.412(7), F.S.;

 9         deleting provisions relating to a report by the

10         Department of Corrections on quality assurance

11         in contractual procurements; repealing s.

12         1001.02(3) and (4), F.S.; deleting provisions

13         relating to powers of the State Board of

14         Education relating to assigning limited access

15         status to educational programs and to approving

16         certain baccalaureate degree programs;

17         repealing s. 1001.03(14), F.S.; deleting an

18         obsolete provision relating to recommendation

19         of a uniform classification system for school

20         personnel; repealing s. 1002.34(19), F.S.;

21         deleting provisions relating to an evaluation

22         and report by the Commissioner of Education

23         about charter technical career centers;

24         repealing s. 1003.492(4), F.S.; deleting

25         provisions relating to a study about

26         industry-certified career education programs;

27         repealing s. 1003.61(4), F.S.; deleting

28         provisions relating to evaluation of a pilot

29         attendance project in Manatee County; amending

30         s. 1004.22, F.S.; deleting provisions relating

31         to university reports concerning sponsored

                                  22

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 1         research; repealing s. 1004.50(6), F.S.;

 2         deleting a requirement for a report by the

 3         Governor concerning unmet needs in urban

 4         communities; repealing s. 1004.94(2) and (4),

 5         F.S.; deleting provisions relating to

 6         guidelines for and a report on plans for a

 7         state adult literacy program; amending s.

 8         1004.95, F.S.; revising requirements relating

 9         to implementing provisions for adult literacy

10         centers; repealing s. 1006.0605, F.S., relating

11         to students' summer nutrition; repealing s.

12         1006.67, F.S., relating to a report of campus

13         crime statistics; repealing s. 1007.27(11),

14         F.S.; deleting provisions relating to a review

15         and report about articulated acceleration

16         mechanisms; amending s. 1009.70, F.S.; deleting

17         provisions relating to a report on a minority

18         law school scholarship program; amending s.

19         1011.32, F.S.; requiring the Governor to be

20         given a copy of a report related to the

21         Community College Facility Enhancement

22         Challenge Grant Program; repealing s.

23         1011.4105(5), F.S.; deleting provisions

24         relating to a plan concerning transition to the

25         university accounting system; amending s.

26         1011.62, F.S.; deleting provisions relating to

27         recommendations for implementing the

28         extended-school-year program; repealing s.

29         1012.05(2)(l), F.S.; deleting provisions

30         relating to a plan concerning teacher

31         recruitment and retention; amending s. 1012.42,

                                  23

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 1         F.S.; deleting provisions relating to a plan of

 2         assistance for teachers teaching out-of-field;

 3         repealing s. 1013.03(13), F.S.; deleting an

 4         obsolete provision relating to the Department

 5         of Education's duty to review school

 6         construction requirements; amending s. 1013.11,

 7         F.S.; deleting provisions relating to

 8         transmittal of a report on physical plant

 9         safety; amending ss. 259.041, 259.101, 370.12,

10         372.672, 403.7264, 409.91196, 411.01, 411.232,

11         641.386, 1008.30, 1011.82, F.S., conforming

12         cross-references to changes made by the act;

13         providing an effective date.

14  

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

16  

17         Section 1.  Section 14.25, Florida Statutes, is

18  repealed.

19         Section 2.  Subsection (3) of section 14.26, Florida

20  Statutes, is amended to read:

21         14.26  Citizen's Assistance Office.--

22         (3)  The Citizen's Assistance Office shall report make

23  quarterly reports to the Governor on, which shall include:

24         (a)  The number of complaints and investigations and

25  complaints made during the preceding quarter and the

26  disposition of such investigations.

27         (b)  Recommendations in the form of suggested

28  legislation or suggested procedures for the alleviation of

29  problems disclosed by investigations.

30  

31  

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 1         (b)(c)  A report including statistics which reflect The

 2  types of complaints made and an assessment as to the cause of

 3  the complaints.

 4         (c)  Recommendations for the alleviation of the cause

 5  of complaints disclosed by investigations.

 6         (d)  Such other information as the Executive Office of

 7  the Governor shall require.

 8         Section 3.  Section 14.27, Florida Statutes, is

 9  repealed.

10         Section 4.  Section 16.58, Florida Statutes, is

11  repealed.

12         Section 5.  Subsection (1) of section 17.32, Florida

13  Statutes, is amended to read:

14         17.32  Annual report of trust funds; duties of Chief

15  Financial Officer.--

16         (1)  On February 1 of each year, the Chief Financial

17  Officer shall present to the Governor and the Legislature

18  President of the Senate and the Speaker of the House of

19  Representatives a report listing all trust funds as defined in

20  s. 215.32.  The report shall contain the following data

21  elements for each fund for the preceding fiscal year:

22         (a)  The fund code.

23         (b)  The title.

24         (c)  The fund type according to generally accepted

25  accounting principles.

26         (d)  The statutory authority.

27         (e)  The beginning cash balance.

28         (f)  Direct revenues.

29         (g)  Nonoperating revenues.

30         (h)  Operating disbursements.

31         (i)  Nonoperating disbursements.

                                  25

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 1         (j)  The ending cash balance.

 2         (k)  The department and budget entity in which the fund

 3  is located.

 4         Section 6.  Subsection (1) of section 17.325, Florida

 5  Statutes, is amended to read:

 6         17.325  Governmental efficiency hotline; duties of

 7  Chief Financial Officer.--

 8         (1)  The Chief Financial Officer shall establish and

 9  operate a statewide toll-free telephone hotline to receive

10  information or suggestions from the citizens of this state on

11  how to improve the operation of government, increase

12  governmental efficiency, and eliminate waste in government.

13  The Chief Financial Officer shall report each month to the

14  appropriations committee of the House of Representatives and

15  of the Senate the information or suggestions received through

16  the hotline and the evaluations and determinations made by the

17  affected agency, as provided in subsection (3), with respect

18  to such information or suggestions.

19         Section 7.  Section 20.057, Florida Statutes, is

20  amended to read:

21         20.057  Interagency agreements to delete duplication of

22  inspections.--

23         (1)  The Governor shall direct any department, the head

24  of which is an officer or board appointed by and serving at

25  the pleasure of the Governor, to enter into an interagency

26  agreement that will eliminate duplication of inspections among

27  the departments that inspect the same type of facility or

28  structure. Parties to the agreement may include departments

29  which are headed by a Cabinet officer, the Governor and

30  Cabinet, or a collegial body.  The agreement shall:

31  

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 1         (a)  Authorize agents of one department to conduct

 2  inspections required to be performed by another department.

 3         (b)  Specify that agents of the department conducting

 4  the inspection have all powers relative to the inspection as

 5  the agents of the department on whose behalf the inspection is

 6  being conducted.

 7         (c)  Require that agents of the department conducting

 8  the inspection have sufficient knowledge of statutory and

 9  administrative inspection requirements to conduct a proper

10  inspection.

11         (d)  Specify that the departments which have entered

12  into the agreement may neither charge nor accept any funds

13  with respect to duties performed under the agreement which are

14  in excess of the direct costs of conducting such inspections.

15         (2)  Before taking effect, an agreement entered into

16  under this section must be approved by the Governor.

17  Inspections conducted under an agreement shall be deemed

18  sufficient for enforcement purposes pursuant to the agreement

19  or as otherwise provided by law.

20         (2)  No later than 60 days prior to the beginning of

21  the regular session, the Governor shall make an annual report

22  to the President of the Senate and the Speaker of the House of

23  Representatives regarding interagency agreements.  The report

24  shall identify each interagency agreement entered into under

25  this section, and, for each agreement, shall describe the

26  duplication eliminated, provide data that measures the

27  effectiveness of inspections conducted under the interagency

28  agreement, and estimate the cost savings that have resulted

29  from the agreement. The report shall also describe obstacles

30  encountered by any department in attempting to develop an

31  interagency agreement and in performing duties resulting from

                                  27

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 1  an interagency agreement and shall recommend appropriate

 2  remedial legislative action.

 3         Section 8.  Subsection (1) and paragraph (c) of

 4  subsection (5) of section 20.19, Florida Statutes, are amended

 5  to read:

 6         20.19  Department of Children and Family

 7  Services.--There is created a Department of Children and

 8  Family Services.

 9         (1)  MISSION AND PURPOSE.--

10         (a)  The mission of the Department of Children and

11  Family Services is to protect vulnerable children and adults,

12  strengthen families, and support individuals and families in

13  achieving personal and economic self-sufficiency work in

14  partnership with local communities to ensure the safety,

15  well-being, and self-sufficiency of the people served.

16         (b)  The department shall develop a strategic plan for

17  fulfilling its mission and establish a set of measurable

18  goals, objectives, performance standards, and quality

19  assurance requirements to ensure that the department is

20  accountable to the people of Florida.

21         (c)  To the extent allowed by law and within specific

22  appropriations, the department shall deliver services by

23  contract through private providers.

24         (5)  SERVICE DISTRICTS.--

25         (c)  Each fiscal year the secretary shall, in

26  consultation with the relevant employee representatives,

27  develop projections of the number of child abuse and neglect

28  cases and shall include in the department's legislative budget

29  request a specific appropriation for funds and positions for

30  the next fiscal year in order to provide an adequate number of

31  full-time equivalent:

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 1         1.  Child protection investigation workers so that

 2  caseloads do not exceed the Child Welfare League Standards by

 3  more than two cases; and

 4         2.  Child protection case workers so that caseloads do

 5  not exceed the Child Welfare League Standards by more than two

 6  cases.

 7         Section 9.  Paragraph (b) of subsection (6) of section

 8  20.315, Florida Statutes, is amended to read:

 9         20.315  Department of Corrections.--There is created a

10  Department of Corrections.

11         (6)  FLORIDA CORRECTIONS COMMISSION.--

12         (b)  The primary functions of the commission are to:

13         1.  Recommend major correctional policies for the

14  Governor's approval, and assure that approved policies and any

15  revisions thereto are properly executed.

16         2.  Periodically review the status of the state

17  correctional system and recommend improvements therein to the

18  Governor and the Legislature.

19         3.  Annually perform an in-depth review of

20  community-based intermediate sanctions and recommend to the

21  Governor and the Legislature intergovernmental approaches

22  through the Community Corrections Partnership Act for planning

23  and implementing such sanctions and programs.

24         4.  Perform an in-depth evaluation of the department's

25  annual budget request of the Department of Corrections,

26  long-range program plans and performance standards the

27  comprehensive correctional master plan, and the tentative

28  construction program for compliance with all applicable laws

29  and established departmental policies. The commission may not

30  consider individual construction projects, but shall consider

31  

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 1  methods of accomplishing the department's goals in the most

 2  effective, efficient, and businesslike manner.

 3         5.  Routinely monitor the financial status of the

 4  Department of Corrections to assure that the department is

 5  managing revenue and any applicable bond proceeds responsibly

 6  and in accordance with law and established policy.

 7         6.  Evaluate, at least quarterly, the efficiency,

 8  productivity, and management of the Department of Corrections,

 9  using performance and production standards developed by the

10  department under former subsection (18).

11         7.  Provide public education on corrections and

12  criminal justice issues.

13         8.  Report to the President of the Senate, the Speaker

14  of the House of Representatives, and the Governor by November

15  1 of each year.

16         9.  Resolve disputes between the Department of

17  Corrections and the contractors for the private correctional

18  facilities entered into under chapter 957 when a contractor

19  proposes to waive a rule, policy, or procedure concerning

20  operation standards.

21         Section 10.  Paragraphs (e), (f), and (g) of subsection

22  (4) of section 20.316, Florida Statutes, are repealed.

23         Section 11.  Paragraph (l) of subsection (1) of section

24  20.43, Florida Statutes, is amended to read:

25         20.43  Department of Health.--There is created a

26  Department of Health.

27         (1)  The purpose of the Department of Health is to

28  promote and protect the health of all residents and visitors

29  in the state through organized state and community efforts,

30  including cooperative agreements with counties.  The

31  department shall:

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 1         (l)  Include in the department's long-range program

 2  strategic plan developed under s. 186.021 an assessment of

 3  current health programs, systems, and costs; projections of

 4  future problems and opportunities; and recommended changes

 5  that are needed in the health care system to improve the

 6  public health.

 7         Section 12.  Subsections (7) and (8) of section 39.001,

 8  Florida Statutes, are amended to read:

 9         39.001  Purposes and intent; personnel standards and

10  screening.--

11         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

12         (a)  The department shall develop a state plan for the

13  prevention of abuse, abandonment, and neglect of children and

14  shall submit the plan to the Speaker of the House of

15  Representatives, the President of the Senate, and the Governor

16  and the Legislature no later than June 30, 2006 January 1,

17  1983.

18         1.  The Departments Department of Education, and the

19  Division of Children's Medical Services Prevention and

20  Intervention of the Department of Health, Law Enforcement, and

21  Juvenile Justice, along with the Agency for Workforce

22  Innovation and the Agency for Persons with Disabilities, shall

23  participate and fully cooperate in the development of the

24  state plan at both the state and local levels. National and

25  state-level advocacy groups, especially as identified in

26  federal prevention initiatives or requirements, shall also be

27  provided an opportunity to participate.

28         2.  Furthermore, Appropriate local agencies and

29  organizations shall be provided an opportunity to participate

30  at the local level in the development of the state plan at the

31  local level. Appropriate local groups and organizations shall

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 1  include, but not be limited to, community alliances as

 2  described in s. 20.19; community-based care lead agencies as

 3  described in s. 409.1671; community mental health centers;

 4  guardian ad litem programs for children and other court system

 5  entities under the circuit court; the school boards of the

 6  local school districts; the Florida local advocacy councils;

 7  private or public organizations or programs with recognized

 8  expertise in working with children who are sexually abused,

 9  physically abused, emotionally abused, abandoned, or neglected

10  and with expertise in working with the families of such

11  children; private or public programs or organizations with

12  expertise in maternal and infant health care;

13  multidisciplinary child protection teams; child day care

14  centers; and law enforcement agencies, and the circuit courts,

15  when guardian ad litem programs are not available in the local

16  area.  The state plan to be provided to the Legislature and

17  the Governor shall include, as a minimum, the information

18  required of the various groups in paragraph (b).

19         (b)  The development of the comprehensive state plan

20  shall be accomplished in the following manner:

21         1.  The department shall establish an interprogram task

22  force comprised of a designee from each of the department's

23  programs listed in s. 20.19. Representatives from the agencies

24  listed in subparagraph (a)1. the Program Director for Family

25  Safety, or a designee, a representative from the Child Care

26  Services Program Office, a representative from the Family

27  Safety Program Office, a representative from the Mental Health

28  Program Office, a representative from the Substance Abuse

29  Program Office, a representative from the Developmental

30  Disabilities Program Office, and a representative from the

31  Division of Children's Medical Services Prevention and

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 1  Intervention of the Department of Health. Representatives of

 2  the Department of Law Enforcement and of the Department of

 3  Education shall serve as ex officio members of the

 4  interprogram task force. The interprogram task force is shall

 5  be responsible for:

 6         1.a.  Developing a plan of action for better

 7  coordination and integration of the goals, activities, and

 8  funding pertaining to the prevention of child abuse,

 9  abandonment, and neglect conducted by the department in order

10  to maximize staff and resources at the state level. The plan

11  of action shall be included in the state plan.

12         2.b.  Providing a schedule and basic format for to be

13  utilized by the districts in the preparation of local plans of

14  action in order to provide for uniformity in the development

15  of local district plans and to provide for greater ease in

16  compiling information for the state plan.

17         3.c.  Providing the districts with technical assistance

18  in the development of local plans of action, if requested.

19         4.d.  Examining the local plans to determine if all the

20  requirements of the local plans have been met and, if they

21  have not, working with local entities to obtain the needed

22  information informing the districts of the deficiencies and

23  requesting the additional information needed.

24         5.e.  Preparing the comprehensive state plan for

25  submission to the Legislature and the Governor. Such

26  preparation shall include the collapsing of information

27  obtained from the local plans, the cooperative plans with the

28  Department of Education, and the plan of action for

29  coordination and integration of departmental activities into

30  one comprehensive plan. The comprehensive plan shall include a

31  section reflecting general conditions and needs, an analysis

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 1  of variations based on population or geographic areas,

 2  identified problems, and recommendations for change. In

 3  essence, the plan shall provide an analysis and summary of

 4  each element of the local plans to provide a statewide

 5  perspective. The plan shall also include each separate local

 6  plan of action.

 7         6.f.  Working with the appropriate specified state

 8  agency in fulfilling the requirements of paragraphs (d), (e),

 9  and (f) subparagraphs 2., 3., 4., and 5.

10         (c)  The comprehensive state plan shall be in the

11  following elements:

12         1.  A section reflecting general conditions and needs;

13         2.  An analysis of variations based on population or

14  geographic areas;

15         3.  Performance expectations and gaps;

16         4.  Recommendations for performance improvement;

17         5.  Resource and funding strategies related to unmet

18  needs;

19         6.  A summary or crosswalk of the planning and

20  performance requirements from relevant federal funding sources

21  for the prevention of child abuse and neglect; and

22         7.  Each separate plan identified in paragraphs (d),

23  (e), and (f).

24         2.  The department, the Department of Education, and

25  the Department of Health shall work together in developing

26  ways to inform and instruct parents of school children and

27  appropriate district school personnel in all school districts

28  in the detection of child abuse, abandonment, and neglect and

29  in the proper action that should be taken in a suspected case

30  of child abuse, abandonment, or neglect, and in caring for a

31  

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 1  child's needs after a report is made. The plan for

 2  accomplishing this end shall be included in the state plan.

 3         (d)3.  The department and appropriate task force

 4  members, the Department of Law Enforcement, and the Department

 5  of Health shall work together in developing a plan for

 6  informing and instructing ways to inform and instruct

 7  appropriate professionals local law enforcement personnel in

 8  the detection of child abuse, abandonment, and neglect; and in

 9  the proper action that should be taken in a suspected case of

10  child abuse, abandonment, or neglect; and in supporting

11  subsequent action by the department or other responsible party

12  for child protection. Appropriate professionals include, but

13  are not limited to, the reporters listed in s. 39.201(1)(b).

14         (e)4.  Within existing appropriations, The department

15  shall work with other appropriate public and private agencies

16  to develop a plan for educating emphasize efforts to educate

17  the general public about the problem of and ways to detect

18  child abuse, abandonment, and neglect and in the proper action

19  that should be taken in a suspected case of child abuse,

20  abandonment, or neglect.  The plan for accomplishing this end

21  shall be included in the state plan.

22         5.  The department, the Department of Education, and

23  the Department of Health shall work together on the

24  enhancement or adaptation of curriculum materials to assist

25  instructional personnel in providing instruction through a

26  multidisciplinary approach on the identification,

27  intervention, and prevention of child abuse, abandonment, and

28  neglect. The curriculum materials shall be geared toward a

29  sequential program of instruction at the four progressional

30  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

31  all school districts to utilize the curriculum are to be

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 1  included in the comprehensive state plan for the prevention of

 2  child abuse, abandonment, and neglect.

 3         (f)6.  Each district of The department shall facilitate

 4  the development of local plans develop a plan for their local

 5  its specific geographical area. Plans The plan developed at

 6  the local district level shall be used by submitted to the

 7  interprogram task force for utilization in preparing the state

 8  comprehensive plan. The district local plan of action shall be

 9  prepared with the involvement and assistance of the local

10  agencies and organizations listed in paragraph (a), as well as

11  representatives from those departmental district offices

12  participating in the treatment and prevention of child abuse,

13  abandonment, and neglect. In order to accomplish this, the

14  district administrator in each district shall establish a task

15  force on the prevention of child abuse, abandonment, and

16  neglect. The district administrator shall appoint the members

17  of the task force in accordance with the membership

18  requirements of this section. In addition, the district

19  administrator shall ensure that each subdistrict is

20  represented on the task force; and, if the district does not

21  have subdistricts, the district administrator shall ensure

22  that both urban and rural areas are represented on the task

23  force. The task force shall develop a written statement

24  clearly identifying its operating procedures, purpose, overall

25  responsibilities, and method of meeting responsibilities.

26         (g)  Each local plan The district plan of action to be

27  prepared by the task force shall include, but shall not be

28  limited to:

29         1.a.  Documentation of the incidence magnitude of the

30  problems of child abuse, including sexual abuse, physical

31  abuse, and emotional abuse, and child abandonment, and neglect

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 1  in its geographical area. Documentation shall include, at a

 2  minimum, a summary of information derived from the

 3  department's official data source, Home Safenet.

 4         2.b.  A description of programs and services currently

 5  serving abused, abandoned, and neglected children and their

 6  families and a description of programs for the prevention of

 7  child abuse, abandonment, and neglect, including information

 8  on the impact, cost-effectiveness, and sources of funding of

 9  such programs and services.

10         3.c.  A description of local models for a continuum of

11  programs and services necessary for a comprehensive approach

12  to the prevention of all types of child abuse, abandonment,

13  and neglect as well as a brief description of such programs

14  and services.

15         4.d.  A description, documentation, and priority

16  ranking of local unmet needs related to child abuse,

17  abandonment, and neglect prevention based upon the current

18  programs and a model continuum of programs and services.

19         5.e.  A plan for steps to be taken in meeting

20  identified needs, including the coordination and integration

21  of services to avoid unnecessary duplication and cost, and for

22  alternative funding strategies for meeting needs through the

23  reallocation of existing resources, utilization of volunteers,

24  contracting with local universities for services, and local

25  government or private agency funding.

26         6.f.  A description of barriers to the accomplishment

27  of a comprehensive approach to the prevention of child abuse,

28  abandonment, and neglect.

29         7.g.  Recommendations for actions changes that can be

30  accomplished only at the state program level or by legislative

31  action.

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 1         (8)  FUNDING AND SUBSEQUENT PLANS.--

 2         (a)  The department's long-range program plans and

 3  legislative budget requests All budget requests submitted by

 4  the department, the Department of Health, the Department of

 5  Education, or any other agency to the Legislature for funding

 6  of efforts for the prevention of child abuse, abandonment, and

 7  neglect shall be based on and consistent with the most recent

 8  state comprehensive plan and updates developed pursuant to

 9  this section.

10         (b)  The department at the state and district levels

11  and the other agencies listed in paragraph (7)(a) shall review

12  and update the plan annually readdress the plan and make

13  necessary revisions every 5 years, at a minimum. Such updates

14  revisions shall be submitted to the Governor and the

15  Legislature Speaker of the House of Representatives and the

16  President of the Senate no later than June 30 of each year

17  divisible by 5. Annual review and updates shall include

18  progress and performance reporting. An annual progress report

19  shall be submitted to update the plan in the years between the

20  5-year intervals.  In order to avoid duplication of effort,

21  these required plans may be made a part of or merged with

22  other plans required by either the state or Federal

23  Government, so long as the portions of the other state or

24  Federal Government plan that constitute the state plan for the

25  prevention of child abuse, abandonment, and neglect are

26  clearly identified as such and are provided to the Speaker of

27  the House of Representatives and the President of the Senate

28  as required above.

29         Section 13.  Paragraph (d) of subsection (3) of section

30  39.3065, Florida Statutes, is repealed.

31  

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

 2  39.4086, Florida Statutes, is amended to read:

 3         39.4086  Pilot program for attorneys ad litem for

 4  dependent children.--

 5         (2)  RESPONSIBILITIES.--

 6         (h)  The Statewide Guardian Ad Litem Office of the

 7  State Courts Administrator shall conduct research and gather

 8  statistical information to evaluate the establishment,

 9  operation, and impact of the pilot program in meeting the

10  legal needs of dependent children. In assessing the effects of

11  the pilot program, including achievement of outcomes

12  identified under paragraph (b), the evaluation must include a

13  comparison of children within the Ninth Judicial Circuit who

14  are appointed an attorney ad litem with those who are not. The

15  office shall submit a report to the Legislature and the

16  Governor by October 1, 2001, and by October 1, 2002, regarding

17  its findings. The office shall submit a final report by

18  October 1, 2003, which must include an evaluation of the pilot

19  program; findings on the feasibility of a statewide program;

20  and recommendations, if any, for locating, establishing, and

21  operating a statewide program.

22         Section 15.  Subsection (5) of section 39.523, Florida

23  Statutes, is repealed.

24         Section 16.  Subsections (1) and (3) of section 98.255,

25  Florida Statutes, are amended to read:

26         98.255  Voter education programs.--

27         (1)  By March 1, 2002, The Department of State shall

28  adopt rules prescribing minimum standards for nonpartisan

29  voter education. In developing the rules, the department shall

30  review current voter education programs within each county of

31  

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 1  the state. The standards shall address, but are not limited

 2  to, the following subjects:

 3         (a)  Voter registration;

 4         (b)  Balloting procedures, absentee and polling place;

 5         (c)  Voter rights and responsibilities;

 6         (d)  Distribution of sample ballots; and

 7         (e)  Public service announcements.

 8         (3)(a)  By December 15 of each general election year,

 9  each supervisor of elections shall report to the Department of

10  State a detailed description of the voter education programs

11  implemented and any other information that may be useful in

12  evaluating the effectiveness of voter education efforts.

13         (b)  The Department of State, upon receipt of such

14  information, shall prepare a public report on the

15  effectiveness of voter education programs and shall submit the

16  report to the Governor, the President of the Senate, and the

17  Speaker of the House of Representatives by January 31 of each

18  year following a general election.

19         (c)  The Department of State shall reexamine the rules

20  adopted pursuant to subsection (1) and consider the findings

21  in these reports the report as a basis for adopting modified

22  rules that incorporate successful voter education programs and

23  techniques, as necessary.

24         Section 17.  Subsection (10) of section 106.22, Florida

25  Statutes, is repealed.

26         Section 18.  Paragraph (a) of subsection (7) of section

27  110.1227, Florida Statutes, is amended to read:

28         110.1227  Florida Employee Long-Term-Care Plan Act.--

29         (7)  The board of directors of the Florida

30  Long-Term-Care Plan shall:

31  

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 1         (a)  Upon implementation, prepare an annual report of

 2  the plan, with the assistance of an actuarial consultant, to

 3  be submitted to the Speaker of the House of Representatives,

 4  the President of the Senate, the Governor, and the Legislature

 5  the Minority Leaders of the Senate and the House of

 6  Representatives.

 7         Section 19.  Subsection (9) of section 120.542, Florida

 8  Statutes, is amended to read:

 9         120.542  Variances and waivers.--

10         (9)  Each agency shall maintain a record of the type

11  and disposition of each petition, including temporary or

12  emergency variances and waivers, filed pursuant to this

13  section. On October 1 of each year, each agency shall file a

14  report with the Governor, the President of the Senate, and the

15  Speaker of the House of Representatives listing the number of

16  petitions filed requesting variances to each agency rule, the

17  number of petitions filed requesting waivers to each agency

18  rule, and the disposition of all petitions. Temporary or

19  emergency variances and waivers, and the reasons for granting

20  or denying temporary or emergency variances and waivers, shall

21  be identified separately from other waivers and variances.

22         Section 20.  Subsection (3) of section 120.60, Florida

23  Statutes, is amended to read:

24         120.60  Licensing.--

25         (3)  Each applicant shall be given written notice

26  either personally or by mail that the agency intends to grant

27  or deny, or has granted or denied, the application for

28  license. The notice must state with particularity the grounds

29  or basis for the issuance or denial of the license, except

30  when issuance is a ministerial act.  Unless waived, a copy of

31  the notice shall be delivered or mailed to each party's

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 1  attorney of record and to each person who has requested notice

 2  of agency action. Each notice shall inform the recipient of

 3  the basis for the agency decision, shall inform the recipient

 4  of any administrative hearing pursuant to ss. 120.569 and

 5  120.57 or judicial review pursuant to s. 120.68 which may be

 6  available, shall indicate the procedure which must be

 7  followed, and shall state the applicable time limits. The

 8  issuing agency shall certify the date the notice was mailed or

 9  delivered, and the notice and the certification shall be filed

10  with the agency clerk.

11         Section 21.  Subsection (2) of section 120.695, Florida

12  Statutes, is amended to read:

13         120.695  Notice of noncompliance.--

14         (2)(a)  Each agency shall issue a notice of

15  noncompliance as a first response to a minor violation of a

16  rule.  A "notice of noncompliance" is a notification by the

17  agency charged with enforcing the rule issued to the person or

18  business subject to the rule.  A notice of noncompliance may

19  not be accompanied with a fine or other disciplinary penalty.

20  It must identify the specific rule that is being violated,

21  provide information on how to comply with the rule, and

22  specify a reasonable time for the violator to comply with the

23  rule. A rule is agency action that regulates a business,

24  occupation, or profession, or regulates a person operating a

25  business, occupation, or profession, and that, if not complied

26  with, may result in a disciplinary penalty.

27         (a)(b)  Each agency shall review all of its rules and

28  designate those rules for which a violation would be a minor

29  violation and for which a notice of noncompliance must be the

30  first enforcement action taken against a person or business

31  subject to regulation. A violation of a rule is a minor

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 1  violation if it does not result in economic or physical harm

 2  to a person or adversely affect the public health, safety, or

 3  welfare or create a significant threat of such harm.  If an

 4  agency under the direction of a cabinet officer mails to each

 5  licensee a notice of the designated rules at the time of

 6  licensure and at least annually thereafter, the provisions of

 7  paragraph (a) may be exercised at the discretion of the

 8  agency. Such notice shall include a subject-matter index of

 9  the rules and information on how the rules may be obtained.

10         (c)  The agency's review and designation must be

11  completed by December 1, 1995; each agency under the direction

12  of the Governor shall make a report to the Governor, and each

13  agency under the joint direction of the Governor and Cabinet

14  shall report to the Governor and Cabinet by January 1, 1996,

15  on which of its rules have been designated as rules the

16  violation of which would be a minor violation.

17         (b)(d)  The Governor or the Governor and Cabinet, as

18  appropriate pursuant to paragraph (c), may evaluate the rule

19  review and designation effects of each agency and may apply a

20  different designation than that applied by the agency.

21         (3)(e)  This section does not apply to the regulation

22  of law enforcement personnel or teachers.

23         (4)(f)  Rule designation pursuant to this section is

24  not subject to challenge under this chapter.

25         Section 22.  Section 120.74, Florida Statutes, is

26  amended to read:

27         120.74  Agency review, revision, and report.--

28         (1)  Each agency shall review and revise its rules as

29  often as necessary to ensure that its rules are correct and

30  comply with statutory requirements.

31  

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 1         (2)  Additionally, each agency shall perform a formal

 2  review of its rules every 2 years.  In the review, each agency

 3  must:

 4         (a)  Identify and correct deficiencies in its rules;

 5         (b)  Clarify and simplify its rules;

 6         (c)  Delete obsolete or unnecessary rules;

 7         (d)  Delete rules that are redundant of statutes;

 8         (e)  Seek to improve efficiency, reduce paperwork, or

 9  decrease costs to government and the private sector; and

10         (f)  Contact agencies that have concurrent or

11  overlapping jurisdiction to determine whether their rules can

12  be coordinated to promote efficiency, reduce paperwork, or

13  decrease costs to government and the private sector.

14         (2)  Beginning October 1, 1997, and by October 1 of

15  every other year thereafter, the head of each agency shall

16  file a report with the President of the Senate and the Speaker

17  of the House of Representatives, with a copy to each

18  appropriate standing committee of the Legislature, which

19  certifies that the agency has complied with the requirements

20  of this subsection. The report must specify any changes made

21  to its rules as a result of the review and, when appropriate,

22  recommend statutory changes that will promote efficiency,

23  reduce paperwork, or decrease costs to government and the

24  private sector.

25         Section 23.  Subsection (3) of section 121.45, Florida

26  Statutes, is amended to read:

27         121.45  Interstate compacts relating to pension

28  portability.--

29         (3)  ESTABLISHMENT OF COMPACTS.--

30         (a)  The Department of Management Services is

31  authorized and directed to survey other state retirement

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 1  systems to determine if such retirement systems are interested

 2  in developing an interstate compact with Florida.

 3         (b)  If any such state is interested in pursuing the

 4  matter, the department shall confer with the other state, and

 5  the consulting actuaries of both states, and shall present its

 6  findings to the committees having jurisdiction over retirement

 7  matters in the Legislature, and to representatives of affected

 8  certified bargaining units, in order to determine the

 9  feasibility of developing a portability compact, what groups

10  should be covered, and the goals and priorities which should

11  guide such development.

12         (c)  Upon a determination that such a compact is

13  feasible and upon request of the Legislature, the department,

14  together with its consulting actuaries, shall, in accordance

15  with said goals and priorities, develop a proposal under which

16  retirement credit may be transferred to or from Florida in an

17  actuarially sound manner which shall be presented to the

18  Governor and the Legislature for consideration.

19         (d)  Once a proposal has been developed, the department

20  shall contract with its consulting actuaries to conduct an

21  actuarial study of the proposal to determine the cost to the

22  Florida Retirement System Trust Fund and the State of Florida.

23         (e)  After the actuarial study has been completed, the

24  department shall present its findings and the actuarial study

25  to the Legislature for consideration.  If either house of the

26  Legislature elects to enter into such a compact, it shall be

27  introduced in the form of a proposed committee bill to the

28  full Legislature during the same or next regular session.

29         Section 24.  Section 153.952, Florida Statutes, is

30  repealed.

31  

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 1         Section 25.  Subsections (3) through (22) of section

 2  161.053, Florida Statutes, are amended to read:

 3         161.053  Coastal construction and excavation;

 4  regulation on county basis.--

 5         (3)  It is the intent of the Legislature that any

 6  coastal construction control line that has not been updated

 7  since June 30, 1980, shall be considered a critical priority

 8  for reestablishment by the department.  In keeping with this

 9  intent, the department shall notify the Legislature if all

10  such lines cannot be reestablished by December 31, 1997, so

11  that the Legislature may subsequently consider interim lines

12  of jurisdiction for the remaining counties.

13         (3)(4)  Any coastal county or coastal municipality may

14  establish coastal construction zoning and building codes in

15  lieu of the provisions of this section, provided such zones

16  and codes are approved by the department as being adequate to

17  preserve and protect the beaches and coastal barrier dunes

18  adjacent to such beaches which are under the jurisdiction of

19  the department from imprudent construction that will

20  jeopardize the stability of the beach-dune system, accelerate

21  erosion, provide inadequate protection to upland structures,

22  endanger adjacent properties, or interfere with public beach

23  access.  Exceptions to locally established coastal

24  construction zoning and building codes shall not be granted

25  unless previously approved by the department.  It is the

26  intent of this subsection to provide for local administration

27  of established coastal construction control lines through

28  approved zoning and building codes where desired by local

29  interests and where such local interests have, in the judgment

30  of the department, sufficient funds and personnel to

31  adequately administer the program.  Should the department

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 1  determine at any time that the program is inadequately

 2  administered, the department shall have authority to revoke

 3  the authority granted to the county or municipality.

 4         (4)(5)  Except in those areas where local zoning and

 5  building codes have been established pursuant to subsection

 6  (3) (4), a permit to alter, excavate, or construct on property

 7  seaward of established coastal construction control lines may

 8  be granted by the department as follows:

 9         (a)  The department may authorize an excavation or

10  erection of a structure at any coastal location as described

11  in subsection (1) upon receipt of an application from a

12  property and/or riparian owner and upon the consideration of

13  facts and circumstances, including:

14         1.  Adequate engineering data concerning shoreline

15  stability and storm tides related to shoreline topography;

16         2.  Design features of the proposed structures or

17  activities; and

18         3.  Potential impacts of the location of such

19  structures or activities, including potential cumulative

20  effects of any proposed structures or activities upon such

21  beach-dune system, which, in the opinion of the department,

22  clearly justify such a permit.

23         (b)  If in the immediate contiguous or adjacent area a

24  number of existing structures have established a reasonably

25  continuous and uniform construction line closer to the line of

26  mean high water than the foregoing, and if the existing

27  structures have not been unduly affected by erosion, a

28  proposed structure may, at the discretion of the department,

29  be permitted along such line on written authorization from the

30  department if such structure is also approved by the

31  department. However, the department shall not contravene

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 1  setback requirements or zoning or building codes established

 2  by a county or municipality which are equal to, or more strict

 3  than, those requirements provided herein.  This paragraph does

 4  not prohibit the department from requiring structures to meet

 5  design and siting criteria established in paragraph (a) or in

 6  subsection (1) or subsection (2).

 7         (c)  The department may condition the nature, timing,

 8  and sequence of construction of permitted activities to

 9  provide protection to nesting sea turtles and hatchlings and

10  their habitat, pursuant to s. 370.12, and to native

11  salt-resistant vegetation and endangered plant communities.

12         (d)  The department may require such engineer

13  certifications as necessary to assure the adequacy of the

14  design and construction of permitted projects.

15         (e)  The department shall limit the construction of

16  structures which interfere with public access along the beach.

17  However, the department may require, as a condition to

18  granting permits, the provision of alternative access when

19  interference with public access along the beach is

20  unavoidable. The width of such alternate access may not be

21  required to exceed the width of the access that will be

22  obstructed as a result of the permit being granted.

23         (f)  The department may, as a condition to the granting

24  of a permit under this section, require mitigation, financial,

25  or other assurances acceptable to the department as may be

26  necessary to assure performance of conditions of a permit or

27  enter into contractual agreements to best assure compliance

28  with any permit conditions.  The department may also require

29  notice of the permit conditions required and the contractual

30  agreements entered into pursuant to the provisions of this

31  

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 1  subsection to be filed in the public records of the county in

 2  which the permitted activity is located.

 3         (5)(a)(6)(a)  As used in this subsection:

 4         1.  "Frontal dune" means the first natural or manmade

 5  mound or bluff of sand which is located landward of the beach

 6  and which has sufficient vegetation, height, continuity, and

 7  configuration to offer protective value.

 8         2.  "Seasonal high-water line" means the line formed by

 9  the intersection of the rising shore and the elevation of 150

10  percent of the local mean tidal range above local mean high

11  water.

12         (b)  After October 1, 1985, and notwithstanding any

13  other provision of this part, the department, or a local

14  government to which the department has delegated permitting

15  authority pursuant to subsections (3) (4) and (15) (16), shall

16  not issue any permit for any structure, other than a coastal

17  or shore protection structure, minor structure, or pier,

18  meeting the requirements of this part, or other than intake

19  and discharge structures for a facility sited pursuant to part

20  II of chapter 403, which is proposed for a location which,

21  based on the department's projections of erosion in the area,

22  will be seaward of the seasonal high-water line within 30

23  years after the date of application for such permit.  The

24  procedures for determining such erosion shall be established

25  by rule.  In determining the area which will be seaward of the

26  seasonal high-water line in 30 years, the department shall not

27  include any areas landward of a coastal construction control

28  line.

29         (c)  Where the application of paragraph (b) would

30  preclude the construction of a structure, the department may

31  

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 1  issue a permit for a single-family dwelling for the parcel so

 2  long as:

 3         1.  The parcel for which the single-family dwelling is

 4  proposed was platted or subdivided by metes and bounds before

 5  the effective date of this section;

 6         2.  The owner of the parcel for which the single-family

 7  dwelling is proposed does not own another parcel immediately

 8  adjacent to and landward of the parcel for which the dwelling

 9  is proposed;

10         3.  The proposed single-family dwelling is located

11  landward of the frontal dune structure; and

12         4.  The proposed single-family dwelling will be as far

13  landward on its parcel as is practicable without being located

14  seaward of or on the frontal dune.

15         (d)  In determining the land areas which will be below

16  the seasonal high-water line within 30 years after the permit

17  application date, the department shall consider the impact on

18  the erosion rates of an existing beach nourishment or

19  restoration project or of a beach nourishment or restoration

20  project for which all funding arrangements have been made and

21  all permits have been issued at the time the application is

22  submitted.  The department shall consider each year there is

23  sand seaward of the erosion control line that no erosion took

24  place that year. However, the seaward extent of the beach

25  nourishment or restoration project beyond the erosion control

26  line shall not be considered in determining the applicable

27  erosion rates. Nothing in this subsection shall prohibit the

28  department from requiring structures to meet criteria

29  established in subsection (1), subsection (2), or subsection

30  (4) (5) or to be further landward than required by this

31  

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 1  subsection based on the criteria established in subsection

 2  (1), subsection (2), or subsection (4) (5).

 3         (e)  The department shall annually report to the

 4  Legislature the status of this program, including any changes

 5  to the previously adopted procedures for determining erosion

 6  projections.

 7         (6)(7)  Any coastal structure erected, or excavation

 8  created, in violation of the provisions of this section is

 9  hereby declared to be a public nuisance; and such structure

10  shall be forthwith removed or such excavation shall be

11  forthwith refilled after written notice by the department

12  directing such removal or filling.  In the event the structure

13  is not removed or the excavation refilled within a reasonable

14  time as directed, the department may remove such structure or

15  fill such excavation at its own expense; and the costs thereof

16  shall become a lien upon the property of the upland owner upon

17  which such unauthorized structure or excavation is located.

18         (7)(8)  Any person, firm, corporation, or agent thereof

19  who violates this section is guilty of a misdemeanor of the

20  first degree, punishable as provided in s. 775.082 or s.

21  775.083; except that a person driving any vehicle on, over, or

22  across any sand dune and damaging or causing to be damaged

23  such sand dune or the vegetation growing thereon in violation

24  of this section is guilty of a misdemeanor of the second

25  degree, punishable as provided in s. 775.082 or s. 775.083.  A

26  person, firm, corporation, or agent thereof shall be deemed

27  guilty of a separate offense for each day during any portion

28  of which any violation of this section is committed or

29  continued.

30         (8)(9)  The provisions of this section do not apply to

31  structures intended for shore protection purposes which are

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 1  regulated by s. 161.041 or to structures existing or under

 2  construction prior to the establishment of the coastal

 3  construction control line as provided herein, provided such

 4  structures may not be materially altered except as provided in

 5  subsection (4) (5). Except for structures that have been

 6  materially altered, structures determined to be under

 7  construction at the time of the establishment or

 8  reestablishment of the coastal construction control line shall

 9  be exempt from the provisions of this section. However, unless

10  such an exemption has been judicially confirmed to exist prior

11  to April 10, 1992, the exemption shall last only for a period

12  of 3 years from either the date of the determination of the

13  exemption or April 10, 1992, whichever occurs later.  The

14  department may extend the exemption period for structures that

15  require longer periods for completion of their construction,

16  provided that construction during the initial exemption period

17  has been continuous.  For purposes of this subsection,

18  "continuous" means following a reasonable sequence of

19  construction without significant or unreasonable periods of

20  work stoppage.

21         (9)(10)  The department may by regulation exempt

22  specifically described portions of the coastline from the

23  provisions of this section when in its judgment such portions

24  of coastline because of their nature are not subject to

25  erosion of a substantially damaging effect to the public.

26         (10)(11)  Pending the establishment of coastal

27  construction control lines as provided herein, the provisions

28  of s. 161.052 shall remain in force. However, upon the

29  establishment of coastal construction control lines, or the

30  establishment of coastal construction zoning and building

31  

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 1  codes as provided in subsection (3) (4), the provisions of s.

 2  161.052 shall be superseded by the provisions of this section.

 3         (11)(a)(12)(a)  The coastal construction control

 4  requirements defined in subsection (1) and the requirements of

 5  the erosion projections pursuant to subsection (5) (6) do not

 6  apply to any modification, maintenance, or repair to any

 7  existing structure within the limits of the existing

 8  foundation which does not require, involve, or include any

 9  additions to, or repair or modification of, the existing

10  foundation of that structure. Specifically excluded from this

11  exemption are seawalls or other rigid coastal or shore

12  protection structures and any additions or enclosures added,

13  constructed, or installed below the first dwelling floor or

14  lowest deck of the existing structure.

15         (b)  Activities seaward of the coastal construction

16  control line which are determined by the department not to

17  cause a measurable interference with the natural functioning

18  of the coastal system are exempt from the requirements in

19  subsection (4) (5).

20         (c)  The department may establish exemptions from the

21  requirements of this section for minor activities determined

22  by the department not to have adverse impacts on the coastal

23  system. Examples of such activities include, but are not

24  limited to:

25         1.  Boat moorings;

26         2.  Maintenance of existing beach/dune vegetation;

27         3.  The burial of seaweed, dead fish, whales, or other

28  marine animals on the unvegetated beach;

29         4.  The removal of piers or other derelict structures

30  from the unvegetated beach or seaward of mean high water;

31  

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 1         5.  Temporary emergency vehicular access, provided any

 2  impacted area is immediately restored;

 3         6.  The removal of any existing structures or debris

 4  from the upland, provided there is no excavation or

 5  disturbance to the existing topography or beach/dune

 6  vegetation;

 7         7.  Construction of any new roof overhang extending no

 8  more than 4 feet beyond the confines of the existing

 9  foundation during modification, renovation, or reconstruction

10  of a habitable structure within the confines of the existing

11  foundation of that structure which does not include any

12  additions to or modification of the existing foundation of

13  that structure;

14         8.  Minor and temporary excavation for the purpose of

15  repairs to existing subgrade residential service utilities

16  (e.g., water and sewer lines, septic tanks and drainfields,

17  electrical and telephone cables, and gas lines), provided that

18  there is minimal disturbance and that grade is restored with

19  fill compatible in both coloration and grain size to the

20  onsite material and any damaged or destroyed vegetation is

21  restored using similar vegetation; and

22         9.  Any other minor construction with impacts similar

23  to the above activities.

24         (12)(a)(13)(a)  Notwithstanding the coastal

25  construction control requirements defined in subsection (1) or

26  the erosion projection determined pursuant to subsection (5)

27  (6), the department may, at its discretion, issue a permit for

28  the repair or rebuilding within the confines of the original

29  foundation of a major structure pursuant to the provisions of

30  subsection (4) (5). Alternatively, the department may also, at

31  its discretion, issue a permit for a more landward relocation

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 1  or rebuilding of a damaged or existing structure if such

 2  relocation or rebuilding would not cause further harm to the

 3  beach-dune system, and if, in the case of rebuilding, such

 4  rebuilding complies with the provisions of subsection (4) (5),

 5  and otherwise complies with the provisions of this subsection.

 6         (b)  Under no circumstances shall the department permit

 7  such repairs or rebuilding that expand the capacity of the

 8  original structure seaward of the 30-year erosion projection

 9  established pursuant to subsection (5) (6).

10         (c)  In reviewing applications for relocation or

11  rebuilding, the department shall specifically consider changes

12  in shoreline conditions, the availability of other relocation

13  or rebuilding options, and the design adequacy of the project

14  sought to be rebuilt.

15         (d)  Permits issued under this subsection shall not be

16  considered precedential as to the issuance of subsequent

17  permits.

18         (13)(14)  Concurrent with the establishment of a

19  coastal construction control line and the ongoing

20  administration of this chapter, the secretary of the

21  department shall make recommendations to the Board of Trustees

22  of the Internal Improvement Trust Fund concerning the purchase

23  of the fee or any lesser interest in any lands seaward of the

24  control line pursuant to the state's Save Our Coast,

25  Conservation and Recreation Lands, or Outdoor Recreation Land

26  acquisition programs; and, with respect to those control lines

27  established pursuant to this section prior to June 14, 1978,

28  the secretary may make such recommendations.

29         (14)(15)  A coastal county or municipality fronting on

30  the Gulf of Mexico, the Atlantic Ocean, or the Straits of

31  Florida shall advise the department within 5 days after

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 1  receipt of any permit application for construction or other

 2  activities proposed to be located seaward of the line

 3  established by the department pursuant to the provisions of

 4  this section. Within 5 days after receipt of such application,

 5  the county or municipality shall notify the applicant of the

 6  requirements for state permits.

 7         (15)(16)  In keeping with the intent of subsection (3)

 8  (4), and at the discretion of the department, authority for

 9  permitting certain types of activities which have been defined

10  by the department may be delegated by the department to a

11  coastal county or coastal municipality.  Such partial

12  delegation shall be narrowly construed to those particular

13  activities specifically named in the delegation and agreed to

14  by the affected county or municipality, and the delegation may

15  be revoked by the department at any time if it is determined

16  that the delegation is improperly or inadequately

17  administered.

18         (16)(17)  The department may, at the request of a

19  property owner, contract with such property owner for an

20  agreement, or modify an existing contractual agreement

21  regulating development activities landward of a coastal

22  construction control line, provided that nothing within the

23  contractual agreement shall be inconsistent with the design

24  and siting provisions of this section. In no case shall the

25  contractual agreement bind either party for a period longer

26  than 5 years from its date of execution. Prior to beginning

27  any construction activity covered by the agreement, the

28  property owner shall obtain the necessary authorization

29  required by the agreement.  The agreement shall not authorize

30  construction for:

31  

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 1         (a)  Major habitable structures which would require

 2  construction beyond the expiration of the agreement, unless

 3  such construction is above the completed foundation; or

 4         (b)  Nonhabitable major structures or minor structures,

 5  unless such construction was authorized at the same time as

 6  the habitable major structure.

 7         (17)(18)  The department is authorized to grant

 8  areawide permits to local governments, other governmental

 9  agencies, and utility companies for special classes of

10  activities in areas under their general jurisdiction or

11  responsibility, so long as these activities, due to the type,

12  size, or temporary nature of the activity, will not cause

13  measurable interference with the natural functioning of the

14  beach dune system or with marine turtles or their nesting

15  sites.  Such activities shall include, but not be limited to:

16  road repairs, not including new construction; utility repairs

17  and replacements, or other minor activities necessary to

18  provide utility services; beach cleaning; and emergency

19  response. The department may adopt rules to establish criteria

20  and guidelines for use by permit applicants.  The department

21  shall require notice provisions appropriate to the type and

22  nature of the activities for which areawide permits are

23  sought.

24         (18)(19)  The department is authorized to grant general

25  permits for projects, including dune walkovers, decks, fences,

26  landscaping, sidewalks, driveways, pool resurfacing, minor

27  pool repairs, and other nonhabitable structures, so long as

28  these projects, due to the type, size, or temporary nature of

29  the project, will not cause a measurable interference with the

30  natural functioning of the beach dune system or with marine

31  turtles or their nesting sites.  In no event shall multifamily

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 1  habitable structures qualify for general permits.  However,

 2  single-family habitable structures which do not advance the

 3  line of existing construction and satisfy all siting and

 4  design requirements of this section may be eligible for a

 5  general permit pursuant to this subsection. The department may

 6  adopt rules to establish criteria and guidelines for use by

 7  permit applicants.

 8         (a)  Persons wishing to use the general permits set

 9  forth in this subsection shall, at least 30 days before

10  beginning any work, notify the department in writing on forms

11  adopted by the department.  The notice shall include a

12  description of the proposed project and supporting documents

13  depicting the proposed project, its location, and other

14  pertinent information as required by rule, to demonstrate that

15  the proposed project qualifies for the requested general

16  permit.  Persons who undertake projects without proof of

17  notice to the department, but whose projects would otherwise

18  qualify for general permits, shall be considered as being

19  undertaken without a permit and shall be subject to

20  enforcement pursuant to s. 161.121.

21         (b)  Persons wishing to use a general permit must

22  provide notice as required by the applicable local building

23  code where the project will be located.  If a building code

24  requires no notice, any person wishing to use a general permit

25  must, at a minimum, post on the property at least 5 days prior

26  to the commencement of construction a sign no smaller than 88

27  square inches, with letters no smaller than one-quarter inch,

28  describing the project.

29         (19)(a)(20)(a)  The department may suspend or revoke

30  the use of a general or areawide permit for good cause,

31  including: submission of false or inaccurate information in

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 1  the notification for use of a general or areawide permit;

 2  violation of law, department orders, or rules relating to

 3  permit conditions; deviation from the specified activity or

 4  project indicated or the conditions for undertaking the

 5  activity or project; refusal of lawful inspection; or any

 6  other act on the permittee's part in using the general or

 7  areawide permit which results or may result in harm or injury

 8  to human health or welfare, or which causes harm or injury to

 9  animal, plant, or aquatic life or to property.

10         (b)  The department shall have access to the permitted

11  activity or project at reasonable times to inspect and

12  determine compliance with the permit and department rules.

13         (20)(21)  The department is authorized to adopt rules

14  related to the following provisions of this section:

15  establishment of coastal construction control lines;

16  activities seaward of the coastal construction control line;

17  exemptions; property owner agreements; delegation of the

18  program; permitting programs; and violations and penalties.

19         (21)(22)  In accordance with ss. 553.73 and 553.79, and

20  upon the effective date of the Florida Building Code, the

21  provisions of this section which pertain to and govern the

22  design, construction, erection, alteration, modification,

23  repair, and demolition of public and private buildings,

24  structures, and facilities shall be incorporated into the

25  Florida Building Code. The Florida Building Commission shall

26  have the authority to adopt rules pursuant to ss. 120.536 and

27  120.54 in order to implement those provisions. This subsection

28  does not limit or abrogate the right and authority of the

29  department to require permits or to adopt and enforce

30  environmental standards, including but not limited to,

31  standards for ensuring the protection of the beach-dune

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 1  system, proposed or existing structures, adjacent properties,

 2  marine turtles, native salt-resistant vegetation, endangered

 3  plant communities, and the preservation of public beach

 4  access.

 5         Section 26.  Subsection (2) of section 161.161, Florida

 6  Statutes, is amended to read:

 7         161.161  Procedure for approval of projects.--

 8         (2)  Annually Upon approval of the beach management

 9  plan, the secretary shall present to the Legislature President

10  of the Senate, the Speaker of the House of Representatives,

11  and the chairs of the legislative appropriations committees

12  recommendations for funding of beach erosion control projects

13  prioritized according to the. Such recommendations shall be

14  presented to such members of the Legislature in the priority

15  order specified in the plan and established pursuant to

16  criteria established contained in s. 161.101(14).

17         Section 27.  Section 163.2526, Florida Statutes, is

18  repealed.

19         Section 28.  Subsection (2) of section 163.3167,

20  Florida Statutes, is amended to read:

21         163.3167  Scope of act.--

22         (2)  Each local government shall prepare a

23  comprehensive plan of the type and in the manner set out in

24  this act or shall prepare amendments to its existing

25  comprehensive plan to conform it to the requirements of this

26  part in the manner set out in this part.  Each local

27  government, in accordance with the procedures in s. 163.3184,

28  shall submit its complete proposed comprehensive plan or its

29  complete comprehensive plan as proposed to be amended to the

30  state land planning agency by the date specified in the rule

31  adopted by the state land planning agency pursuant to this

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 1  subsection. The state land planning agency shall, prior to

 2  October 1, 1987, adopt a schedule of local governments

 3  required to submit complete proposed comprehensive plans or

 4  comprehensive plans as proposed to be amended.  Such schedule

 5  shall specify the exact date of submission for each local

 6  government, shall establish equal, staggered submission dates,

 7  and shall be consistent with the following time periods:

 8         (a)  Beginning on July 1, 1988, and on or before July

 9  1, 1990, each county that is required to include a coastal

10  management element in its comprehensive plan and each

11  municipality in such a county; and

12         (b)  Beginning on July 1, 1989, and on or before July

13  1, 1991, all other counties or municipalities.

14  

15  Nothing herein shall preclude the state land planning agency

16  from permitting by rule a county together with each

17  municipality in the county from submitting a proposed

18  comprehensive plan earlier than the dates established in

19  paragraphs (a) and (b).  Any county or municipality that fails

20  to meet the schedule set for submission of its proposed

21  comprehensive plan by more than 90 days shall be subject to

22  the sanctions described in s. 163.3184(11)(a) imposed by the

23  Administration Commission.  Notwithstanding the time periods

24  established in this subsection, the state land planning agency

25  may establish later deadlines for the submission of proposed

26  comprehensive plans or comprehensive plans as proposed to be

27  amended for a county or municipality which has all or a part

28  of a designated area of critical state concern within its

29  boundaries; however, such deadlines shall not be extended to a

30  date later than July 1, 1991, or the time of de-designation,

31  whichever is earlier.

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 1         Section 29.  Paragraph (h) of subsection (6) and

 2  paragraph (k) of subsection (10) of section 163.3177, Florida

 3  Statutes, are amended to read:

 4         163.3177  Required and optional elements of

 5  comprehensive plan; studies and surveys.--

 6         (6)  In addition to the requirements of subsections

 7  (1)-(5), the comprehensive plan shall include the following

 8  elements:

 9         (h)1.  An intergovernmental coordination element

10  showing relationships and stating principles and guidelines to

11  be used in coordinating the accomplishment of coordination of

12  the adopted comprehensive plan with the plans of school boards

13  and other units of local government providing services but not

14  having regulatory authority over the use of land, with the

15  comprehensive plans of adjacent municipalities, the county,

16  adjacent counties, or the region, with the state comprehensive

17  plan and with the applicable regional water supply plan

18  approved pursuant to s. 373.0361, as the case may require and

19  as such adopted plans or plans in preparation may exist.  This

20  element of the local comprehensive plan shall consider

21  demonstrate consideration of the particular effects of the

22  local plan, when adopted, upon the development of adjacent

23  municipalities, the county, adjacent counties, or the region,

24  or upon the state comprehensive plan, as the case may require.

25         a.  The intergovernmental coordination element shall

26  provide for procedures for identifying and implementing to

27  identify and implement joint planning areas, especially for

28  the purpose of annexation, municipal incorporation, and joint

29  infrastructure service areas.

30  

31  

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 1         b.  The intergovernmental coordination element shall

 2  provide for recognition of campus master plans prepared

 3  pursuant to s. 1013.30.

 4         c.  The intergovernmental coordination element may

 5  provide for a voluntary dispute resolution process, as

 6  established pursuant to s. 186.509, for bringing to closure in

 7  a timely manner intergovernmental disputes.  A local

 8  government may also develop and use an alternative local

 9  dispute resolution process for this purpose.

10         2.  The intergovernmental coordination element shall

11  further state principles and guidelines to be used in

12  coordinating the accomplishment of coordination of the adopted

13  comprehensive plan with the plans of school boards and other

14  units of local government providing facilities and services

15  but not having regulatory authority over the use of land.  In

16  addition, the intergovernmental coordination element shall

17  describe joint processes for collaborative planning and

18  decisionmaking on population projections and public school

19  siting, the location and extension of public facilities

20  subject to concurrency, and siting facilities with countywide

21  significance, including locally unwanted land uses whose

22  nature and identity are established in an agreement. Within 1

23  year of adopting their intergovernmental coordination

24  elements, each county, all the municipalities within that

25  county, the district school board, and any unit of local

26  government service providers in that county shall establish by

27  interlocal or other formal agreement executed by all affected

28  entities, the joint processes described in this subparagraph

29  consistent with their adopted intergovernmental coordination

30  elements.

31  

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 1         3.  To foster coordination between special districts

 2  and local general-purpose governments as local general-purpose

 3  governments implement local comprehensive plans, each

 4  independent special district must submit a public facilities

 5  report to the appropriate local government as required by s.

 6  189.415.

 7         4.a.  Local governments adopting a public educational

 8  facilities element pursuant to s. 163.31776 must execute an

 9  interlocal agreement with the district school board, the

10  county, and nonexempt municipalities, as defined by s.

11  163.31776(1), which includes the items listed in s.

12  163.31777(2). The local government shall amend the

13  intergovernmental coordination element to provide that

14  coordination between the local government and school board is

15  pursuant to the agreement and shall state the obligations of

16  the local government under the agreement.

17         b.  Plan amendments that comply with this subparagraph

18  are exempt from the provisions of s. 163.3187(1).

19         5.  The state land planning agency shall establish a

20  schedule for phased completion and transmittal of plan

21  amendments to implement subparagraphs 1., 2., and 3. from all

22  jurisdictions so as to accomplish their adoption by December

23  31, 1999.  A local government may complete and transmit its

24  plan amendments to carry out these provisions prior to the

25  scheduled date established by the state land planning agency.

26  The plan amendments are exempt from the provisions of s.

27  163.3187(1).

28         5.6.  By January 1, 2004, any county having a

29  population greater than 100,000, and the municipalities and

30  special districts within that county, shall submit a report to

31  the Department of Community Affairs which identifies:

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 1         a.  Identifies All existing or proposed interlocal

 2  service-delivery agreements regarding the following:

 3  education; sanitary sewer; public safety; solid waste;

 4  drainage; potable water; parks and recreation; and

 5  transportation facilities.

 6         b.  Identifies Any deficits or duplication in the

 7  provision of services within its jurisdiction, whether capital

 8  or operational. Upon request, the Department of Community

 9  Affairs shall provide technical assistance to the local

10  governments in identifying deficits or duplication.

11         6.7.  Within 6 months after submission of the report,

12  the Department of Community Affairs shall, through the

13  appropriate regional planning council, coordinate a meeting of

14  all local governments within the regional planning area to

15  discuss the reports and potential strategies to remedy any

16  identified deficiencies or duplications.

17         7.8.  Each local government shall update its

18  intergovernmental coordination element based upon the findings

19  in the report submitted pursuant to subparagraph 5. 6. The

20  report may be used as supporting data and analysis for the

21  intergovernmental coordination element.

22         9.  By February 1, 2003, representatives of

23  municipalities, counties, and special districts shall provide

24  to the Legislature recommended statutory changes for

25  annexation, including any changes that address the delivery of

26  local government services in areas planned for annexation.

27         (10)  The Legislature recognizes the importance and

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

29  Minimum Criteria for Review of Local Government Comprehensive

30  Plans and Determination of Compliance of the Department of

31  Community Affairs that will be used to determine compliance of

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 1  local comprehensive plans.  The Legislature reserved unto

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

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

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

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

 6  Administrative Code, and expresses the following legislative

 7  intent:

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

 9  adopt comprehensive plans with knowledge of the rules that

10  will be applied to determine consistency of the plans with

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

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

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

14  1986 legislative session. Therefore, the Legislature declares

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

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

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

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

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

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

21  construed to indicate approval or disapproval of any portion

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

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

24  filed from July 1, 1987, through April 1, 1993. Any amendments

25  to chapter 9J-5, Florida Administrative Code, exclusive of the

26  amendments adopted prior to October 1, 1986, pursuant to this

27  act, shall be subject to the full chapter 120 process.  All

28  amendments shall have effective dates as provided in chapter

29  120 and submission to the President of the Senate and Speaker

30  of the House of Representatives shall not be required.

31  

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 1         Section 30.  Subsection (6) of section 163.3178,

 2  Florida Statutes, is amended to read:

 3         163.3178  Coastal management.--

 4         (6)  Local governments are encouraged to adopt

 5  countywide marina siting plans to designate sites for existing

 6  and future marinas.  The Coastal Resources Interagency

 7  Management Committee, at the direction of the Legislature,

 8  shall identify incentives to encourage local governments to

 9  adopt such siting plans and uniform criteria and standards to

10  be used by local governments to implement state goals,

11  objectives, and policies relating to marina siting.  These

12  criteria must ensure that priority is given to water-dependent

13  land uses. The Coastal Resources Interagency Management

14  Committee shall submit its recommendations regarding local

15  government incentives to the Legislature by December 1, 1993.

16  Countywide marina siting plans must be consistent with state

17  and regional environmental planning policies and standards.

18  Each local government in the coastal area which participates

19  in adoption of a countywide marina siting plan shall

20  incorporate the plan into the coastal management element of

21  its local comprehensive plan.

22         Section 31.  Subsection (12) of section 163.519,

23  Florida Statutes, is repealed.

24         Section 32.  Subsection (9) of section 186.007, Florida

25  Statutes, is repealed.

26         Section 33.  Section 186.022, Florida Statutes, is

27  amended to read:

28         186.022  Information technology strategic plans.--By

29  June 1 of each year, the Financial Management Information

30  Board, the Criminal and Juvenile Justice Information Systems

31  Council, and the Health Information Systems Council shall each

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 1  develop and submit to the State Technology Office an

 2  information technology strategic plan in a form and manner

 3  prescribed in written instructions from the State Technology

 4  Office in consultation with the Executive Office of the

 5  Governor and the legislative appropriations committees. The

 6  State Technology Office shall review each such strategic plan

 7  and shall determine whether each such plan is consistent with

 8  the State Annual Report on Enterprise Resource Planning and

 9  Management and statewide policies adopted by the State

10  Technology Office, and by July 1 of each year shall develop

11  and transmit to each such board and council a written

12  expression of its findings, conclusions, and required changes,

13  if any, with respect to each such strategic plan. If any

14  change to any such strategic plan is required, each affected

15  board and council shall revise its strategic plan to the

16  extent necessary to incorporate such required changes and

17  shall resubmit its strategic plan to the State Technology

18  Office for final approval and acceptance.

19         Section 34.  Subsection (5) of section 189.4035,

20  Florida Statutes, is amended to read:

21         189.4035  Preparation of official list of special

22  districts.--

23         (5)  The official list of special districts shall be

24  available on the department's website distributed by the

25  department on October 1 of each year to the President of the

26  Senate, the Speaker of the House of Representatives, the

27  Auditor General, the Department of Revenue, the Department of

28  Financial Services, the Department of Management Services, the

29  State Board of Administration, counties, municipalities,

30  county property appraisers, tax collectors, and supervisors of

31  elections and to all interested parties who request the list.

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 1         Section 35.  Subsection (2) of section 189.412, Florida

 2  Statutes, is amended to read:

 3         189.412  Special District Information Program; duties

 4  and responsibilities.--The Special District Information

 5  Program of the Department of Community Affairs is created and

 6  has the following special duties:

 7         (2)  The maintenance of a master list of independent

 8  and dependent special districts which shall be available on

 9  the department's website annually updated and distributed to

10  the appropriate officials in state and local governments.

11         Section 36.  Subsection (2) of section 194.034, Florida

12  Statutes, is amended to read:

13         194.034  Hearing procedures; rules.--

14         (2)  In each case, except when a complaint is withdrawn

15  by the petitioner or is acknowledged as correct by the

16  property appraiser, the value adjustment board shall render a

17  written decision.  All such decisions shall be issued within

18  20 calendar days of the last day the board is in session under

19  s. 194.032.  The decision of the board shall contain findings

20  of fact and conclusions of law and shall include reasons for

21  upholding or overturning the determination of the property

22  appraiser.  When a special magistrate has been appointed, the

23  recommendations of the special magistrate shall be considered

24  by the board.  The clerk, upon issuance of the decisions,

25  shall, on a form provided by the Department of Revenue, notify

26  by first-class mail each taxpayer and, the property appraiser,

27  and the department of the decision of the board.

28         Section 37.  Paragraph (b) of subsection (1) of section

29  206.606, Florida Statutes, is amended to read:

30         206.606  Distribution of certain proceeds.--

31  

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 1         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

 2  206.87(1)(e) shall be deposited in the Fuel Tax Collection

 3  Trust Fund.  Such moneys, after deducting the service charges

 4  imposed by s. 215.20, the refunds granted pursuant to s.

 5  206.41, and the administrative costs incurred by the

 6  department in collecting, administering, enforcing, and

 7  distributing the tax, which administrative costs may not

 8  exceed 2 percent of collections, shall be distributed monthly

 9  to the State Transportation Trust Fund, except that:

10         (b)  $2.5 million shall be transferred annually to the

11  State Game Trust Fund in the Fish and Wildlife Conservation

12  Commission in each fiscal year and used for recreational

13  boating activities, and freshwater fisheries management and

14  research.  The transfers must be made in equal monthly amounts

15  beginning on July 1 of each fiscal year. The commission shall

16  annually determine where unmet needs exist for boating-related

17  activities, and may fund such activities in counties where,

18  due to the number of vessel registrations, sufficient

19  financial resources are unavailable.

20         1.  A minimum of $1.25 million shall be used to fund

21  local projects to provide recreational channel marking, public

22  launching facilities, aquatic plant control, and other local

23  boating related activities. In funding the projects, the

24  commission shall give priority consideration as follows:

25         a.  Unmet needs in counties with populations of 100,000

26  or less.

27         b.  Unmet needs in coastal counties with a high level

28  of boating related activities from individuals residing in

29  other counties.

30  

31  

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 1         2.  The remaining $1.25 million may be used for

 2  recreational boating activities and freshwater fisheries

 3  management and research.

 4         3.  The commission is authorized to adopt rules

 5  pursuant to ss. 120.536(1) and 120.54 to implement a Florida

 6  Boating Improvement Program similar to the program

 7  administered by the Department of Environmental Protection and

 8  established in rules 62D-5.031 - 62D-5.036, Florida

 9  Administrative Code, to determine projects eligible for

10  funding under this subsection.

11  

12  On February 1 of each year, The commission shall prepare and

13  make available on its Internet website file an annual report

14  with the President of the Senate and the Speaker of the House

15  of Representatives outlining the status of its Florida Boating

16  Improvement Program, including the projects funded, and a list

17  of counties whose needs are unmet due to insufficient

18  financial resources from vessel registration fees.

19         Section 38.  Paragraph (b) of subsection (4) of section

20  212.054, Florida Statutes, is amended to read:

21         212.054  Discretionary sales surtax; limitations,

22  administration, and collection.--

23         (4)

24         (b)  The proceeds of a discretionary sales surtax

25  collected by the selling dealer located in a county which

26  imposes the surtax shall be returned, less the cost of

27  administration, to the county where the selling dealer is

28  located. The proceeds shall be transferred to the

29  Discretionary Sales Surtax Clearing Trust Fund. A separate

30  account shall be established in such trust fund for each

31  county imposing a discretionary surtax.  The amount deducted

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 1  for the costs of administration shall not exceed 3 percent of

 2  the total revenue generated for all counties levying a surtax

 3  authorized in s. 212.055.  The amount deducted for the costs

 4  of administration shall be used only for those costs which are

 5  solely and directly attributable to the surtax.  The total

 6  cost of administration shall be prorated among those counties

 7  levying the surtax on the basis of the amount collected for a

 8  particular county to the total amount collected for all

 9  counties. No later than March 1 of each year, the department

10  shall submit a written report which details the expenses and

11  amounts deducted for the costs of administration to the

12  President of the Senate, the Speaker of the House of

13  Representatives, and the governing authority of each county

14  levying a surtax. The department shall distribute the moneys

15  in the trust fund each month to the appropriate counties,

16  unless otherwise provided in s. 212.055.

17         Section 39.  Paragraph (j) of subsection (5) of section

18  212.08, Florida Statutes, is amended to read:

19         212.08  Sales, rental, use, consumption, distribution,

20  and storage tax; specified exemptions.--The sale at retail,

21  the rental, the use, the consumption, the distribution, and

22  the storage to be used or consumed in this state of the

23  following are hereby specifically exempt from the tax imposed

24  by this chapter.

25         (5)  EXEMPTIONS; ACCOUNT OF USE.--

26         (j)  Machinery and equipment used in semiconductor,

27  defense, or space technology production and research and

28  development.--

29         1.a.  Industrial machinery and equipment used in

30  semiconductor technology facilities certified under

31  subparagraph 6. to manufacture, process, compound, or produce

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 1  semiconductor technology products for sale or for use by these

 2  facilities are exempt from the tax imposed by this chapter.

 3  For purposes of this paragraph, industrial machinery and

 4  equipment includes molds, dies, machine tooling, other

 5  appurtenances or accessories to machinery and equipment,

 6  testing equipment, test beds, computers, and software, whether

 7  purchased or self-fabricated, and, if self-fabricated,

 8  includes materials and labor for design, fabrication, and

 9  assembly.

10         b.  Industrial machinery and equipment used in defense

11  or space technology facilities certified under subparagraph 6.

12  to manufacture, process, compound, or produce defense

13  technology products or space technology products for sale or

14  for use by these facilities are exempt from 25 percent of the

15  tax imposed by this chapter.

16         2.a.  Machinery and equipment are exempt from the tax

17  imposed by this chapter if used predominately in semiconductor

18  wafer research and development activities in a semiconductor

19  technology research and development facility certified under

20  subparagraph 6. For purposes of this paragraph, machinery and

21  equipment includes molds, dies, machine tooling, other

22  appurtenances or accessories to machinery and equipment,

23  testing equipment, test beds, computers, and software, whether

24  purchased or self-fabricated, and, if self-fabricated,

25  includes materials and labor for design, fabrication, and

26  assembly.

27         b.  Machinery and equipment are exempt from 25 percent

28  of the tax imposed by this chapter if used predominately in

29  defense or space research and development activities in a

30  defense or space technology research and development facility

31  certified under subparagraph 6.

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 1         3.  Building materials purchased for use in

 2  manufacturing or expanding clean rooms in

 3  semiconductor-manufacturing facilities are exempt from the tax

 4  imposed by this chapter.

 5         4.  In addition to meeting the criteria mandated by

 6  subparagraph 1., subparagraph 2., or subparagraph 3., a

 7  business must be certified by the Office of Tourism, Trade,

 8  and Economic Development as authorized in this paragraph in

 9  order to qualify for exemption under this paragraph.

10         5.  For items purchased tax exempt pursuant to this

11  paragraph, possession of a written certification from the

12  purchaser, certifying the purchaser's entitlement to exemption

13  pursuant to this paragraph, relieves the seller of the

14  responsibility of collecting the tax on the sale of such

15  items, and the department shall look solely to the purchaser

16  for recovery of tax if it determines that the purchaser was

17  not entitled to the exemption.

18         6.a.  To be eligible to receive the exemption provided

19  by subparagraph 1., subparagraph 2., or subparagraph 3., a

20  qualifying business entity shall apply to Enterprise Florida,

21  Inc. The application shall be developed by the Office of

22  Tourism, Trade, and Economic Development in consultation with

23  Enterprise Florida, Inc.

24         b.  Enterprise Florida, Inc., shall review each

25  submitted application and information and determine whether or

26  not the application is complete within 5 working days. Once an

27  application is complete, Enterprise Florida, Inc., shall,

28  within 10 working days, evaluate the application and recommend

29  approval or disapproval of the application to the Office of

30  Tourism, Trade, and Economic Development.

31  

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 1         c.  Upon receipt of the application and recommendation

 2  from Enterprise Florida, Inc., the Office of Tourism, Trade,

 3  and Economic Development shall certify within 5 working days

 4  those applicants who are found to meet the requirements of

 5  this section and notify the applicant, Enterprise Florida,

 6  Inc., and the department of the certification. If the Office

 7  of Tourism, Trade, and Economic Development finds that the

 8  applicant does not meet the requirements of this section, it

 9  shall notify the applicant and Enterprise Florida, Inc.,

10  within 10 working days that the application for certification

11  has been denied and the reasons for denial. The Office of

12  Tourism, Trade, and Economic Development has final approval

13  authority for certification under this section.

14         7.a.  A business may apply once each year for the

15  exemption.

16         a.b.  The application must indicate, for program

17  evaluation purposes only, the average number of full-time

18  equivalent employees at the facility over the preceding

19  calendar year, the average wage and benefits paid to those

20  employees over the preceding calendar year, the total

21  investment made in real and tangible personal property over

22  the preceding calendar year, and the total value of tax-exempt

23  purchases and taxes exempted during the previous year. The

24  department shall assist the Office of Tourism, Trade, and

25  Economic Development in evaluating and verifying information

26  provided in the application for exemption.

27         b.c.  The Office of Tourism, Trade, and Economic

28  Development may use the information reported on the

29  application for evaluation purposes only and shall prepare an

30  annual report on the exemption program and its cost and

31  impact. The annual report for the preceding fiscal year shall

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 1  be submitted to the Governor, the President of the Senate, and

 2  the Speaker of the House of Representatives by September 30 of

 3  each fiscal year.

 4         8.  A business certified to receive this exemption may

 5  elect to designate one or more state universities or community

 6  colleges as recipients of up to 100 percent of the amount of

 7  the exemption for which they may qualify. To receive these

 8  funds, the institution must agree to match the funds so earned

 9  with equivalent cash, programs, services, or other in-kind

10  support on a one-to-one basis in the pursuit of research and

11  development projects as requested by the certified business.

12  The rights to any patents, royalties, or real or intellectual

13  property must be vested in the business unless otherwise

14  agreed to by the business and the university or community

15  college.

16         9.  As used in this paragraph, the term:

17         a.  "Predominately" means at least 50 percent of the

18  time in qualifying research and development.

19         b.  "Research and development" means basic and applied

20  research in the science or engineering, as well as the design,

21  development, and testing of prototypes or processes of new or

22  improved products. Research and development does not include

23  market research, routine consumer product testing, sales

24  research, research in the social sciences or psychology,

25  nontechnological activities, or technical services.

26         c.  "Semiconductor technology products" means raw

27  semiconductor wafers or semiconductor thin films that are

28  transformed into semiconductor memory or logic wafers,

29  including wafers containing mixed memory and logic circuits;

30  related assembly and test operations; active-matrix flat panel

31  displays; semiconductor chips; semiconductor lasers;

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 1  optoelectronic elements; and related semiconductor technology

 2  products as determined by the Office of Tourism, Trade, and

 3  Economic Development.

 4         d.  "Clean rooms" means manufacturing facilities

 5  enclosed in a manner that meets the clean manufacturing

 6  requirements necessary for high-technology

 7  semiconductor-manufacturing environments.

 8         e.  "Defense technology products" means products that

 9  have a military application, including, but not limited to,

10  weapons, weapons systems, guidance systems, surveillance

11  systems, communications or information systems, munitions,

12  aircraft, vessels, or boats, or components thereof, which are

13  intended for military use and manufactured in performance of a

14  contract with the United States Department of Defense or the

15  military branch of a recognized foreign government or a

16  subcontract thereunder which relates to matters of national

17  defense.

18         f.  "Space technology products" means products that are

19  specifically designed or manufactured for application in space

20  activities, including, but not limited to, space launch

21  vehicles, missiles, satellites or research payloads, avionics,

22  and associated control systems and processing systems. The

23  term does not include products that are designed or

24  manufactured for general commercial aviation or other uses

25  even though those products may also serve an incidental use in

26  space applications.

27         Section 40.  Section 213.0452, Florida Statutes, is

28  repealed.

29         Section 41.  Section 213.054, Florida Statutes, is

30  repealed.

31  

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 1         Section 42.  Paragraph (f) of subsection (5) of section

 2  215.5601, Florida Statutes, is repealed.

 3         Section 43.  Subsection (3) of section 215.70, Florida

 4  Statutes, is amended to read:

 5         215.70  State Board of Administration to act in case of

 6  defaults.--

 7         (3)  It shall be the duty of the State Board of

 8  Administration to monitor the debt service accounts for bonds

 9  issued pursuant to this act.  The board shall advise the

10  Governor and Legislature of any projected need to appropriate

11  funds to honor the pledge of full faith and credit of the

12  state.  The report shall include the estimated amount of

13  appropriations needed, the estimated maximum amount of

14  appropriations needed, and a contingency appropriation request

15  for each bond issue.

16         Section 44.  Paragraph (z) of subsection (1) of section

17  216.011, Florida Statutes, is amended to read:

18         216.011  Definitions.--

19         (1)  For the purpose of fiscal affairs of the state,

20  appropriations acts, legislative budgets, and approved

21  budgets, each of the following terms has the meaning

22  indicated:

23         (z)  "Long-range program plan" means a plan developed

24  pursuant to s. 216.013 on an annual basis by each state agency

25  that is policy based, priority driven, accountable, and

26  developed through careful examination and justification of all

27  programs and their associated costs. Each plan is developed by

28  examining the needs of agency customers and clients and

29  proposing programs and associated costs to address those needs

30  based on state priorities as established by law, the agency

31  mission, and legislative authorization. The plan provides the

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 1  framework and context for preparing the legislative budget

 2  request and includes performance indicators for evaluating the

 3  impact of programs and agency performance.

 4         Section 45.  Section 216.013, Florida Statutes, is

 5  amended to read:

 6         216.013  Long-range program plan.--

 7         (1)  State agencies and the judicial branch shall

 8  develop long-range program plans to achieve state goals using

 9  an interagency planning process that includes the development

10  of integrated agency program service outcomes. The plans shall

11  be policy-based, priority-driven, accountable, and developed

12  through careful examination and justification of all agency

13  and judicial branch programs. The plan shall cover a period of

14  5 fiscal years and shall become effective July 1 each year.

15         (1)  Long-range program plans shall provide the

16  framework for the development of agency budget requests and

17  shall identify or update:

18         (a)  The agency's or court's mission;

19         (b)  The goals established to accomplish the mission;

20         (c)  The objectives developed to achieve the goals;

21         (d)  The trends and conditions relevant to the mission,

22  goals, and objectives;

23         (e)(a)  The agency or court Identify agency programs

24  and address how agency programs that will be used to implement

25  state policy and achieve state goals and program component

26  objectives;

27         (f)  The program outcomes and standards to measure

28  progress toward program objectives; and

29         (b)  Identify and describe agency functions and how

30  they will be used to achieve designated outcomes;

31  

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 1         (c)  Identify demand, output, total costs, and unit

 2  costs for each function;

 3         (g)(d)  Provide Information regarding performance

 4  measurement, which includes, but is not limited to, how data

 5  is collected, the methodology used to measure a performance

 6  indicator, the validity and reliability of a measure, the

 7  appropriateness of a measure, and whether the agency inspector

 8  general has assessed the reliability and validity of agency

 9  performance measures, pursuant to s. 20.055(2).;

10         (e)  Identify and justify facility and fixed capital

11  outlay projects and their associated costs; and

12         (f)  Identify and justify information technology

13  infrastructure and applications and their associated costs for

14  information technology projects or initiatives.

15         (2)  Each long-range program plan shall cover a period

16  of 5 fiscal years, be revised annually, and remain in effect

17  until replaced or revised. All agency functions and their

18  costs shall be carefully evaluated and justified by the

19  agency.  The justification must clearly demonstrate the needs

20  of agency customers and clients and why the agency is

21  proposing functions and their associated costs to address the

22  needs based on state priorities, the agency mission, and

23  legislative authorization.  Further, the justification must

24  show how agency functions are integrated and contribute to the

25  overall achievement of state goals.  Facilities, fixed capital

26  outlay and information technology infrastructure, and

27  applications shall be evaluated pursuant to ss. 216.0158,

28  216.043, and 216.0446, respectively.

29         (3)  Long-range program plans or revisions shall be

30  presented by state agencies and the judicial branch in a form,

31  manner, and timeframe prescribed in written instructions

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 1  prepared by submitted to the Executive Office of the Governor

 2  in consultation with by August 1 of each year in a form and

 3  manner prescribed by the Executive Office of the Governor and

 4  the chairs of the legislative appropriations committees. Such

 5  long-range program plans for the Judicial Branch shall be

 6  submitted by the Chief Justice of the Supreme Court to the

 7  President of the Senate and the Speaker of the House of

 8  Representatives, and a copy shall be provided to the Executive

 9  Office of the Governor.

10         (4)  The Executive Office of the Governor shall review

11  the long-range program plans for executive agencies to ensure

12  that they are consistent with the state's goals and objectives

13  and other requirements as specified in the written

14  instructions and that they provide the framework and context

15  for the agency's budget request.

16         (5)  Executive agencies shall incorporate all revisions

17  required by the Governor within 14 working days.

18         (6)  Any differences between executive agencies

19  regarding the programs, policies, or long-range program plans

20  of such agencies shall be mediated by the Executive Office of

21  the Governor.

22         (4)(7)  Each state executive agency and the judicial

23  branch shall post their transmit copies of its long-range

24  program plan on their Internet website and all written

25  comments on its plan to the President of the Senate and the

26  Speaker of the House of Representatives not later than

27  September 30th of each year and provide written notice to the

28  Governor and the Legislature that the plans have been posted

29  60 days prior to the next regular session of the Legislature.

30  

31  

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 1         (8)  Long-range program plans developed pursuant to

 2  this chapter are not rules and therefore are not subject to

 3  the provisions of chapter 120.

 4         (8)(9)  Following the adoption of the annual General

 5  Appropriations Act, the state agencies and the judicial branch

 6  shall make appropriate adjustments to their long-range program

 7  plans to be consistent with the appropriations and performance

 8  measures in the General Appropriations Act and legislation

 9  implementing the General Appropriations Act. Agencies and the

10  judicial branch have until June 15 to make adjustments to

11  their plans as posted on their Internet websites and submit

12  the adjusted plans to the Executive Office of the Governor for

13  review.

14         (6)  Long-range program plans developed pursuant to

15  this chapter are not rules and therefore are not subject to

16  chapter 120.

17         Section 46.  Section 216.103, Florida Statutes, is

18  repealed.

19         Section 47.  Section 216.172, Florida Statutes, is

20  repealed.

21         Section 48.  Paragraph (c) of subsection (10) of

22  section 216.181, Florida Statutes, is repealed.

23         Section 49.  Section 216.1825, Florida Statutes, is

24  repealed.

25         Section 50.  Subsection (5) of section 252.55, Florida

26  Statutes, is amended to read:

27         252.55  Civil Air Patrol, Florida Wing.--

28         (5)  The wing commander of the Florida Wing of the

29  Civil Air Patrol shall biennially furnish the Bureau of

30  Emergency Management a 2-year an annual projection of the

31  goals and objectives of the Civil Air Patrol for the following

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 1  year. These will be reported to the Governor in the division's

 2  biennial annual report submitted pursuant to s. 252.35 of the

 3  division on February 1 of each year.

 4         Section 51.  Subsection (1) of section 253.7825,

 5  Florida Statutes, is amended to read:

 6         253.7825  Recreational uses.--

 7         (1)  The Cross Florida Greenways State Recreation and

 8  Conservation Area must be managed as a multiple-use area

 9  pursuant to s. 253.034(2)(a), and as further provided herein.

10  The University of Florida Management Plan provides a

11  conceptual recreational plan that may ultimately be developed

12  at various locations throughout the greenways corridor. The

13  plan proposes to locate a number of the larger, more

14  comprehensive and complex recreational facilities in

15  sensitive, natural resource areas. Future site-specific

16  studies and investigations must be conducted by the department

17  to determine compatibility with, and potential for adverse

18  impact to, existing natural resources, need for the facility,

19  the availability of other alternative locations with reduced

20  adverse impacts to existing natural resources, and the proper

21  specific sites and locations for the more comprehensive and

22  complex facilities. Furthermore, it is appropriate, with the

23  approval of the department, to allow more fishing docks, boat

24  launches, and other user-oriented facilities to be developed

25  and maintained by local governments.

26         Section 52.  Section 253.7826, Florida Statutes, is

27  repealed.

28         Section 53.  Section 253.7829, Florida Statutes, is

29  repealed.

30         Section 54.  Subsection (4) of section 259.037, Florida

31  Statutes, is amended to read:

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 1         259.037  Land Management Uniform Accounting Council.--

 2         (4)  The council shall provide a report of the

 3  agencies' expenditures pursuant to the adopted categories to

 4  the President of the Senate and the Speaker of the House of

 5  Representatives annually, beginning July 1, 2001.  The council

 6  shall also provide this report to the Acquisition and

 7  Restoration Council for inclusion in its annual report

 8  required pursuant to s. 259.105.

 9         Section 55.  Section 265.56, Florida Statutes, is

10  repealed.

11         Section 56.  Subsection (4) of section 267.074, Florida

12  Statutes, is repealed.

13         Section 57.  Section 272.121, Florida Statutes, is

14  repealed.

15         Section 58.  Subsection (28) of section 282.102,

16  Florida Statutes, is repealed.

17         Section 59.  Subsection (3) of section 284.50, Florida

18  Statutes, is repealed.

19         Section 60.  Subsection (11) of section 287.045,

20  Florida Statutes, is repealed.

21         Section 61.  Subsection (15) of section 287.059,

22  Florida Statutes, is amended to read:

23         287.059  Private attorney services.--

24         (15)  The Attorney General's office may, by rule, adopt

25  standard fee schedules for court reporting services for each

26  judicial circuit in consultation with the Florida Court

27  Reporters Association. Agencies, when contracting for court

28  reporting services, must use the standard fee schedule for

29  court reporting services established pursuant to this section,

30  provided no state contract is applicable or unless the head of

31  the agency or his or her designee waives use of the schedule

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 1  and sets forth the reasons for deviating from the schedule in

 2  writing to the Attorney General. Such waiver must demonstrate

 3  necessity based upon criteria for deviation from the schedule

 4  which the Attorney General shall establish by rule.  Any

 5  proposed fee schedule under this section shall be submitted to

 6  the Governor, the Speaker of the House of Representatives, the

 7  President of the Senate, and the Chief Justice of the Florida

 8  Supreme Court at least 60 days prior to publication of the

 9  notice to adopt the rule.

10         Section 62.  Subsection (10) of section 287.16, Florida

11  Statutes, is repealed.

12         Section 63.  Paragraph (d) of subsection (6) of section

13  288.1045, Florida Statutes, is repealed.

14         Section 64.  Subsection (7) of section 288.108, Florida

15  Statutes, is repealed.

16         Section 65.  Section 288.1185, Florida Statutes, is

17  repealed.

18         Section 66.  Subsection (6) of section 288.1226,

19  Florida Statutes, is amended to read:

20         288.1226  Florida Tourism Industry Marketing

21  Corporation; use of property; board of directors; duties;

22  audit.--

23         (6)  ANNUAL AUDIT.--The corporation shall provide for

24  an annual financial audit in accordance with s. 215.981.  The

25  annual audit report shall be submitted to the Auditor General;

26  the Office of Policy Analysis and Government Accountability;

27  and the Office of Tourism, Trade, and Economic Development for

28  review.  The Office of Program Policy Analysis and Government

29  Accountability; the Office of Tourism, Trade, and Economic

30  Development; and the Auditor General have the authority to

31  require and receive from the corporation or from its

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 1  independent auditor any detail or supplemental data relative

 2  to the operation of the corporation. The Office of Tourism,

 3  Trade, and Economic Development shall annually certify whether

 4  the corporation is operating in a manner and achieving the

 5  objectives that are consistent with the policies and goals of

 6  the commission and its long-range marketing plan. The identity

 7  of a donor or prospective donor to the corporation who desires

 8  to remain anonymous and all information identifying such donor

 9  or prospective donor are confidential and exempt from the

10  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution. Such anonymity shall be maintained in the

12  auditor's report.

13         Section 67.  Paragraph (e) of subsection (8) of section

14  288.1229, Florida Statutes, is amended to read:

15         288.1229  Promotion and development of sports-related

16  industries and amateur athletics; direct-support organization;

17  powers and duties.--

18         (8)  To promote amateur sports and physical fitness,

19  the direct-support organization shall:

20         (e)  Promote Florida as a host for national and

21  international amateur athletic competitions. As part of this

22  effort, the direct-support organization shall:

23         1.  Assist and support Florida cities or communities

24  bidding or seeking to host the Summer Olympics or Pan American

25  Games.

26         2.  Annually report to the Governor, the President of

27  the Senate, and the Speaker of the House of Representatives on

28  the status of the efforts of cities or communities bidding to

29  host the Summer Olympics or Pan American Games, including, but

30  not limited to, current financial and infrastructure status,

31  projected financial and infrastructure needs, and

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 1  recommendations for satisfying the unmet needs and fulfilling

 2  the requirements for a successful bid in any year that the

 3  Summer Olympics or Pan American Games are held in this state.

 4         Section 68.  Subsection (4) of section 288.7015,

 5  Florida Statutes, is repealed.

 6         Section 69.  Section 288.7771, Florida Statutes, is

 7  amended to read:

 8         288.7771  Annual report of Florida Export Finance

 9  Corporation.--By March 31 of each year, The corporation shall

10  annually prepare and submit to Enterprise Florida, Inc., for

11  inclusion in their annual report required by s. 288.095 the

12  Governor, the President of the Senate, the Speaker of the

13  House of Representatives, the Senate Minority Leader, and the

14  House Minority Leader a complete and detailed report setting

15  forth:

16         (1)  The report required in s. 288.776(3).

17         (2)  Its assets and liabilities at the end of its most

18  recent fiscal year.

19         Section 70.  Subsections (8), (10), and (11) of section

20  288.8175, Florida Statutes, are repealed.

21         Section 71.  Subsection (5) of section 288.853, Florida

22  Statutes, is repealed.

23         Section 72.  Subsection (5) of section 288.95155,

24  Florida Statutes, is amended to read:

25         288.95155  Florida Small Business Technology Growth

26  Program.--

27         (5)  By January 1 of each year, Enterprise Florida,

28  Inc., shall prepare and include in their annual report

29  required by s. 288.095 a report on the financial status of the

30  program and the account and shall submit a copy of the report

31  to the board of directors of Enterprise Florida, Inc., the

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 1  appropriate legislative committees responsible for economic

 2  development oversight, and the appropriate legislative

 3  appropriations subcommittees. The report shall specify the

 4  assets and liabilities of the account within the current

 5  fiscal year and shall include a portfolio update that lists

 6  all of the businesses assisted, the private dollars leveraged

 7  by each business assisted, and the growth in sales and in

 8  employment of each business assisted.

 9         Section 73.  Paragraph (c) of subsection (4) of section

10  288.9604, Florida Statutes, is amended to read:

11         288.9604  Creation of the authority.--

12         (4)

13         (c)  The directors of the corporation shall annually

14  elect one of their members as chair and one as vice chair.

15  The corporation may employ a president, technical experts, and

16  such other agents and employees, permanent and temporary, as

17  it requires and determine their qualifications, duties, and

18  compensation.  For such legal services as it requires, the

19  corporation may employ or retain its own counsel and legal

20  staff.  The corporation shall file with the governing body of

21  each public agency with which it has entered into an

22  interlocal agreement and with the Governor, the Speaker of the

23  House of Representatives, the President of the Senate, the

24  Minority Leaders of the Senate and House of Representatives,

25  and the Auditor General, on or before 90 days after the close

26  of the fiscal year of the corporation, a report of its

27  activities for the preceding fiscal year, which report shall

28  include a complete financial statement setting forth its

29  assets, liabilities, income, and operating expenses as of the

30  end of such fiscal year.

31  

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 1         Section 74.  Section 288.9610, Florida Statutes, is

 2  amended to read:

 3         288.9610  Annual reports of Florida Development Finance

 4  Corporation.--On or before 90 days after the close of By

 5  December 1 of each year, the Florida Development Finance

 6  Corporation's fiscal year, the corporation shall submit to the

 7  Governor, the Legislature President of the Senate, the Speaker

 8  of the House of Representatives, the Senate Minority Leader,

 9  the House Minority Leader, the Auditor General, and the

10  governing body of each public entity with which it has entered

11  into an interlocal agreement city or county activating the

12  Florida Development Finance Corporation a complete and

13  detailed report setting forth:

14         (1)  The results of any audit conducted pursuant to s.

15  11.45 evaluation required in s. 11.45(3)(j).

16         (2)  The activities, operations, and accomplishments of

17  the Florida Development Finance Corporation, including the

18  number of businesses assisted by the corporation.

19         (3)  Its assets, and liabilities, income, and operating

20  expenses at the end of its most recent fiscal year, including

21  a description of all of its outstanding revenue bonds.

22         Section 75.  Subsection (3) of section 292.04, Florida

23  Statutes, is amended to read:

24         292.04  Florida Commission on Veterans' Affairs.--

25         (3)(a)  It is the duty of the commission to conduct a

26  biennial survey of possible contributions that veterans or

27  state organizations of veterans and their auxiliaries could

28  make to the state and to report the results of the survey to

29  the department together with recommendations for encouraging

30  such contributions.

31  

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 1         (b)  The commission shall work with the various

 2  veterans' organizations and their auxiliaries within the state

 3  and shall function as a liaison between such organizations and

 4  the department on matters pertaining to veterans.

 5         Section 76.  Subsection (6) of section 292.05, Florida

 6  Statutes, is amended to read:

 7         292.05  Duties of Department of Veterans' Affairs.--

 8         (6)  The department shall, by on December 31 of each

 9  year, submit make an annual written report to the Governor,

10  the Cabinet, and the Legislature which shall describe:

11         (a)  of the state, the Speaker of the House of

12  Representatives, and the President of the Senate, which report

13  shall show The expenses incurred in veteran service work in

14  the state; the number, nature, and kind of cases handled by

15  the department and by county and city veteran service officers

16  of the state; the amounts of benefits obtained for veterans;

17  the names and addresses of all certified veteran service

18  officers, including county and city veteran service officers.

19  The report shall also describe the actions taken by the

20  department in implementing subsections (4), (5), and (7) and

21  shall contain such other information and recommendations as

22  may appear to the department to be right and proper.

23         (b)  The current status of the department's domiciliary

24  and nursing homes established pursuant to chapter 296,

25  including all receipts and expenditures, the condition of the

26  homes, the number of residents received and discharged during

27  the preceding year, occupancy rates, staffing, and any other

28  information necessary to provide an understanding of the

29  management, conduct, and operation of the homes.

30         Section 77.  Section 296.16, Florida Statutes, is

31  repealed.

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 1         Section 78.  Section 296.39, Florida Statutes, is

 2  repealed.

 3         Section 79.  Paragraph (c) of subsection (12) of

 4  section 315.03, Florida Statutes, is repealed.

 5         Section 80.  Subsection (2) of section 319.324, Florida

 6  Statutes, is amended to read:

 7         319.324  Odometer fraud prevention and detection;

 8  funding.--

 9         (2)  Moneys deposited into the Highway Safety Operating

10  Trust Fund under this section shall be used to implement and

11  maintain efforts by the department to prevent and detect

12  odometer fraud, including the prompt investigation of alleged

13  instances of odometer mileage discrepancies reported by

14  licensed motor vehicle dealers, auctions, or purchasers of

15  motor vehicles. Such moneys shall also be used to fund an

16  annual report to the Legislature by the Department of Highway

17  Safety and Motor Vehicles, summarizing the department's

18  investigations and findings. In addition, moneys deposited

19  into the fund may be used by the department for general

20  operations.

21         Section 81.  Section 322.181, Florida Statutes, is

22  amended to read:

23         322.181  Advisory council on the Study of effects of

24  aging on driving ability; advisory council.--

25         (1)  The Department of Highway Safety and Motor

26  Vehicles shall study the effects of aging on driving ability.

27  The purpose of the study is to develop a comprehensive

28  approach to licensing drivers.

29         (2)  Issues to be studied by the department shall

30  include the:

31  

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 1         (a)  Effective and efficient identification of drivers

 2  at risk of being involved in a motor vehicle accident because

 3  of functional limitations that affect their driving ability;

 4         (b)  Prevalence and effect of degenerative processes

 5  affecting vision, hearing, mobility, cognitive functions, and

 6  reaction time;

 7         (c)  Implementation and effect of the department's

 8  vision screening requirements and examination of new

 9  technologies;

10         (d)  Availability and effectiveness of remedial

11  measures such as skills training, adaptive equipment, physical

12  therapy, and adjustment of driving practices that will allow

13  people to drive safely for as long as possible;

14         (e)  Availability of alternative forms of

15  transportation for people who can no longer safely drive; and

16         (f)  Effectiveness of existing public education

17  initiatives relating to at-risk drivers.

18         (3)  The department shall report the results of the

19  study to the President of the Senate and the Speaker of the

20  House of Representatives by February 1, 2004. The report shall

21  include findings of the study and recommendations for

22  improving the safety of at-risk drivers.

23         (4)  The department shall appoint an advisory council

24  to participate in the study and to advise the department on

25  issues related to older at-risk drivers on an ongoing basis.

26  The council shall be known as the Florida At-Risk Driver

27  Council. Members of the council shall include representatives

28  of organizations involved with issues facing older drivers

29  including state agencies, medical professionals, senior

30  citizen advocacy groups, providers of services to senior

31  citizens, and research entities.

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 1         Section 82.  Paragraph (c) of subsection (7) of section

 2  322.251, Florida Statutes, is repealed.

 3         Section 83.  Subsection (4) of section 365.171, Florida

 4  Statutes, is amended to read:

 5         365.171  Emergency telephone number "911."--

 6         (4)  STATE PLAN.--The office shall develop a statewide

 7  emergency telephone number "911" system plan.  The plan shall

 8  provide for:

 9         (a)  The establishment of the public agency emergency

10  telephone communications requirements for each entity of local

11  government in the state.

12         (b)  A system to meet specific local government

13  requirements.  Such system shall include law enforcement,

14  firefighting, and emergency medical services and may include

15  other emergency services such as poison control, suicide

16  prevention, and emergency management services.

17         (c)  Identification of the mutual aid agreements

18  necessary to obtain an effective "911" system.

19         (d)  A funding provision which shall identify the cost

20  necessary to implement the "911" system.

21         (e)  A firm implementation schedule which shall include

22  the installation of the "911" system in a local community

23  within 24 months after the designated agency of the local

24  government gives a firm order to the telephone utility for a

25  "911" system.

26  

27  The office shall be responsible for the implementation and

28  coordination of the such plan and. The office shall adopt any

29  necessary rules and schedules related to public agencies for

30  the purposes of implementing and coordinating such plan,

31  pursuant to chapter 120. The public agency designated in the

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 1  plan shall order such system within 6 months after publication

 2  date of the plan if the public agency is in receipt of funds

 3  appropriated by the Legislature for the implementation and

 4  maintenance of the "911" system. Any jurisdiction which has

 5  utilized local funding as of July 1, 1976, to begin the

 6  implementation of the state plan as set forth in this section

 7  shall be eligible for at least a partial reimbursement of its

 8  direct cost when, and if, state funds are available for such

 9  reimbursement.

10         Section 84.  Paragraph (d) of subsection (6) of section

11  365.172, Florida Statutes, is repealed.

12         Section 85.  Subsection (4) of section 366.82, Florida

13  Statutes, is repealed.

14         Section 86.  Subsection (7) of section 369.22, Florida

15  Statutes, is amended to read:

16         369.22  Nonindigenous aquatic plant control.--

17         (7)  The department shall prepare submit an annual

18  report on the status of the nonindigenous aquatic plant

19  maintenance program which shall be published on the

20  department's Internet website to the President of the Senate,

21  the Speaker of the House of Representatives, and the Governor

22  and Cabinet by January 1 of the following year. This report

23  shall include a statement of the degree of maintenance control

24  achieved by individual nonindigenous aquatic plant species in

25  the intercounty waters of each of the water management

26  districts for the preceding county fiscal year, together with

27  an analysis of the costs of achieving this degree of control.

28  This cost accounting shall include the expenditures by all

29  governmental agencies in the waters of state responsibility.

30  If the level of maintenance control achieved falls short of

31  that which is deemed adequate by the department, then the

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 1  report shall include an estimate of the additional funding

 2  that would have been required to achieve this level of

 3  maintenance control.  All measures of maintenance program

 4  achievement and the related cost shall be presented by water

 5  management districts so that comparisons may be made among the

 6  water management districts, as well as with the state as a

 7  whole.

 8         Section 87.  Subsection (8) of section 370.26, Florida

 9  Statutes, is repealed.

10         Section 88.  Subsection (2) of section 372.5712,

11  Florida Statutes, is amended to read:

12         372.5712  Florida waterfowl permit revenues.--

13         (2)  The intent of this section is to expand waterfowl

14  research and management and increase waterfowl populations in

15  the state without detracting from other programs. The

16  commission shall prepare and make available on its Internet

17  website an annual report documenting the use of funds

18  generated under the provisions of this section, to be

19  submitted to the Governor, the Speaker of the House of

20  Representatives, and the President of the Senate on or before

21  September 1 of each year.

22         Section 89.  Subsection (2) of section 372.5715,

23  Florida Statutes, is amended to read:

24         372.5715  Florida wild turkey permit revenues.--

25         (2)  The intent of this section is to expand wild

26  turkey research and management and to increase wild turkey

27  populations in the state without detracting from other

28  programs. The commission shall prepare and make available on

29  its Internet website an annual report documenting the use of

30  funds generated under the provisions of this section, to be

31  submitted to the Governor, the Speaker of the House of

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 1  Representatives, and the President of the Senate on or before

 2  September 1 of each year.

 3         Section 90.  Section 372.63, Florida Statutes, is

 4  repealed.

 5         Section 91.  Section 372.674, Florida Statutes, is

 6  repealed.

 7         Section 92.  Section 373.0391, Florida Statutes, is

 8  amended to read:

 9         373.0391  Technical assistance to local governments.--

10         (1)  The water management districts shall assist local

11  governments in the development and future revision of local

12  government comprehensive plan elements or public facilities

13  report as required by s. 189.415, related to water resource

14  issues.

15         (2)  By July 1, 1991, each water management district

16  shall prepare and provide information and data to assist local

17  governments in the preparation and implementation of their

18  local government comprehensive plans or public facilities

19  report as required by s. 189.415, whichever is applicable.

20  Such information and data shall include, but not be limited

21  to:

22         (a)  All information and data required in a public

23  facilities report pursuant to s. 189.415.

24         (b)  A description of regulations, programs, and

25  schedules implemented by the district.

26         (c)  Identification of regulations, programs, and

27  schedules undertaken or proposed by the district to further

28  the State Comprehensive Plan.

29         (d)  A description of surface water basins, including

30  regulatory jurisdictions, flood-prone areas, existing and

31  projected water quality in water management district operated

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 1  facilities, as well as surface water runoff characteristics

 2  and topography regarding flood plains, wetlands, and recharge

 3  areas.

 4         (e)  A description of groundwater characteristics,

 5  including existing and planned wellfield sites, existing and

 6  anticipated cones of influence, highly productive groundwater

 7  areas, aquifer recharge areas, deep well injection zones,

 8  contaminated areas, an assessment of regional water resource

 9  needs and sources for the next 20 years, and water quality.

10         (f)  The identification of existing and potential water

11  management district land acquisitions.

12         (g)  Information reflecting the minimum flows for

13  surface watercourses to avoid harm to water resources or the

14  ecosystem and information reflecting the minimum water levels

15  for aquifers to avoid harm to water resources or the

16  ecosystem.

17         Section 93.  Subsection (4) of section 373.046, Florida

18  Statutes, is amended to read:

19         373.046  Interagency agreements.--

20         (4)  The Legislature recognizes and affirms the

21  division of responsibilities between the department and the

22  water management districts as set forth in ss. III. and X. of

23  each of the operating agreements codified as rules

24  17-101.040(12)(a)3., 4., and 5., Florida Administrative Code.

25  Section IV.A.2.a. of each operating agreement regarding

26  individual permit oversight is rescinded.  The department

27  shall be responsible for permitting those activities under

28  part IV of this chapter which, because of their complexity and

29  magnitude, need to be economically and efficiently evaluated

30  at the state level, including, but not limited to, mining,

31  hazardous waste management facilities and solid waste

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 1  management facilities that do not qualify for a general permit

 2  under chapter 403.  With regard to postcertification

 3  information submittals for activities authorized under

 4  chapters 341 and 403 siting act certifications, the

 5  department, after consultation with the appropriate water

 6  management district and other agencies having applicable

 7  regulatory jurisdiction, shall be responsible for determining

 8  the permittee's compliance with conditions of certification

 9  which were based upon the nonprocedural requirements of part

10  IV of this chapter. The Legislature authorizes the water

11  management districts and the department to modify the division

12  of responsibilities referenced in this section and enter into

13  further interagency agreements by rulemaking, including

14  incorporation by reference, pursuant to chapter 120, to

15  provide for greater efficiency and to avoid duplication in the

16  administration of part IV of this chapter by designating

17  certain activities which will be regulated by either the water

18  management districts or the department.  In developing such

19  interagency agreements, the water management districts and the

20  department should take into consideration the technical and

21  fiscal ability of each water management district to implement

22  all or some of the provisions of part IV of this chapter.

23  Nothing herein rescinds or restricts the authority of the

24  districts to regulate silviculture and agriculture pursuant to

25  part IV of this chapter or s. 403.927. By December 10, 1993,

26  the secretary of the department shall submit a report to the

27  President of the Senate and the Speaker of the House of

28  Representatives regarding the efficiency of the procedures and

29  the division of responsibilities contemplated by this

30  subsection and regarding progress toward the execution of

31  further interagency agreements and the integration of

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 1  permitting with sovereignty lands approval.  The report also

 2  will consider the feasibility of improving the protection of

 3  the environment through comprehensive criteria for protection

 4  of natural systems.

 5         Section 94.  Paragraph (f) of subsection (1) of section

 6  373.1963, Florida Statutes, is amended to read:

 7         373.1963  Assistance to West Coast Regional Water

 8  Supply Authority.--

 9         (1)  It is the intent of the Legislature to authorize

10  the implementation of changes in governance recommended by the

11  West Coast Regional Water Supply Authority in its reports to

12  the Legislature dated February 1, 1997, and January 5, 1998.

13  The authority and its member governments may reconstitute the

14  authority's governance and rename the authority under a

15  voluntary interlocal agreement with a term of not less than 20

16  years. The interlocal agreement must comply with this

17  subsection as follows:

18         (f)  Upon execution of the voluntary interlocal

19  agreement provided for herein, the authority shall jointly

20  develop with the Southwest Florida Water Management District

21  alternative sources of potable water and transmission

22  pipelines to interconnect regionally significant water supply

23  sources and facilities of the authority in amounts sufficient

24  to meet the needs of all member governments for a period of at

25  least 20 years and for natural systems. Nothing herein,

26  however, shall preclude the authority and its member

27  governments from developing traditional water sources pursuant

28  to the voluntary interlocal agreement. Development and

29  construction costs for alternative source facilities, which

30  may include a desalination facility and significant regional

31  interconnects, must be borne as mutually agreed to by both the

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 1  authority and the Southwest Florida Water Management District.

 2  Nothing herein shall preclude authority or district cost

 3  sharing with private entities for the construction or

 4  ownership of alternative source facilities. By December 31,

 5  1997, the authority and the Southwest Florida Water Management

 6  District shall:

 7         1.  Enter into a mutually acceptable agreement

 8  detailing the development and implementation of directives

 9  contained in this paragraph; or

10         2.  Jointly prepare and submit to the President of the

11  Senate and the Speaker of the House of Representatives a

12  report describing the progress made and impediments

13  encountered in their attempts to implement the water resource

14  development and water supply development directives contained

15  in this paragraph.

16  

17  Nothing in this section shall be construed to modify the

18  rights or responsibilities of the authority or its member

19  governments, except as otherwise provided herein, or of the

20  Southwest Florida Water Management District or the department

21  pursuant to this chapter or chapter 403 and as otherwise set

22  forth by statutes.

23         Section 95.  Subsection (14) of section 376.121,

24  Florida Statutes, is repealed.

25         Section 96.  Section 396.17, Florida Statutes, is

26  repealed.

27         Section 97.  Subsection (5) of section 376.30713,

28  Florida Statutes, is repealed.

29         Section 98.  Paragraph (f) of subsection (3) of section

30  377.703, Florida Statutes, is amended to read:

31  

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 1         377.703  Additional functions of the Department of

 2  Environmental Protection; energy emergency contingency plan;

 3  federal and state conservation programs.--

 4         (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION;

 5  DUTIES.--The Department of Environmental Protection shall, in

 6  addition to assuming the duties and responsibilities provided

 7  by ss. 20.255 and 377.701, perform the following functions

 8  consistent with the development of a state energy policy:

 9         (f)  The department shall make a report, as requested

10  by the Governor or the Legislature, reflecting its activities

11  and making recommendations of policies for improvement of the

12  state's response to energy supply and demand and its effect on

13  the health, safety, and welfare of the people of Florida. The

14  report shall include a report from the Florida Public Service

15  Commission on electricity and natural gas and information on

16  energy conservation programs conducted and under way in the

17  past year and shall include recommendations for energy

18  conservation programs for the state, including, but not

19  limited to, the following factors:

20         1.  Formulation of specific recommendations for

21  improvement in the efficiency of energy utilization in

22  governmental, residential, commercial, industrial, and

23  transportation sectors.

24         2.  Collection and dissemination of information

25  relating to energy conservation.

26         3.  Development and conduct of educational and training

27  programs relating to energy conservation.

28         4.  An analysis of the ways in which state agencies are

29  seeking to implement s. 377.601(4), the state energy policy,

30  and recommendations for better fulfilling this policy.

31  

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 1         Section 99.  Paragraph (a) of subsection (2) of section

 2  380.06, Florida Statutes, is amended to read:

 3         380.06  Developments of regional impact.--

 4         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

 5         (a)  The state land planning agency shall recommend to

 6  the Administration Commission specific statewide guidelines

 7  and standards for adoption pursuant to this subsection. The

 8  Administration Commission shall by rule adopt statewide

 9  guidelines and standards to be used in determining whether

10  particular developments shall undergo

11  development-of-regional-impact review. The statewide

12  guidelines and standards previously adopted by the

13  Administration Commission and approved by the Legislature

14  shall remain in effect unless revised pursuant to this section

15  or superseded by other provisions of law. Revisions to the

16  present statewide guidelines and standards, after adoption by

17  the Administration Commission, shall be transmitted on or

18  before March 1 to the President of the Senate and the Speaker

19  of the House of Representatives for presentation at the next

20  regular session of the Legislature.  Unless approved by law by

21  the Legislature, the revisions to the present guidelines and

22  standards shall not become effective.

23         Section 100.  Subsection (3) of section 380.0677,

24  Florida Statutes, is repealed.

25         Section 101.  Subsection (3) of section 381.0011,

26  Florida Statutes, is repealed.

27         Section 102.  Section 381.0036, Florida Statutes, is

28  repealed.

29         Section 103.  Section 381.731, Florida Statutes, is

30  repealed.

31  

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 1         Section 104.  Section 381.795, Florida Statutes, is

 2  amended to read:

 3         381.795  Long-term community-based supports.--The

 4  department shall, contingent upon specific appropriations for

 5  these purposes, establish:

 6         (1)  Study the long-term needs for community-based

 7  supports and services for individuals who have sustained

 8  traumatic brain or spinal cord injuries.  The purpose of this

 9  study is to prevent inappropriate residential and

10  institutional placement of these individuals, and promote

11  placement in the most cost effective and least restrictive

12  environment.  Any placement recommendations for these

13  individuals shall ensure full utilization of and collaboration

14  with other state agencies, programs, and community partners.

15  This study shall be submitted to the Governor, the President

16  of the Senate, and the Speaker of the House of Representatives

17  not later than December 31, 2000.

18         (2)  Based upon the results of this study, establish a

19  plan for the implementation of a program of long-term

20  community-based supports and services for individuals who have

21  sustained traumatic brain or spinal cord injuries who may be

22  subject to inappropriate residential and institutional

23  placement as a direct result of such injuries.

24         (1)(a)  The program shall be payor of last resort for

25  program services, and expenditures for such services shall be

26  considered funded services for purposes of s. 381.785;

27  however, notwithstanding s. 381.79(5), proceeds resulting from

28  this subsection shall be used solely for this program.

29         (2)(b)  The department shall create, by rule,

30  procedures to ensure, that in the event the program is unable

31  to directly or indirectly provide such services to all

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 1  eligible individuals due to lack of funds, those individuals

 2  most at risk to suffer the greatest harm from an imminent

 3  inappropriate residential or institutional placement are

 4  served first.

 5         (3)(c)  Every applicant or recipient of the long-term

 6  community-based supports and services program shall have been

 7  a resident of the state for 1 year immediately preceding

 8  application and be a resident of the state at the time of

 9  application.

10         (4)(d)  The department shall adopt rules pursuant to

11  ss. 120.536(1) and 120.54 to implement the provision of this

12  section subsection.

13         Section 105.  Paragraph (a) of subsection (7) of

14  section 381.90, Florida Statutes, is repealed.

15         Section 106.  Section 381.931, Florida Statutes, is

16  amended to read:

17         381.931  Annual report on Medicaid expenditures.--The

18  Department of Health and the Agency for Health Care

19  Administration shall monitor the total Medicaid expenditures

20  for services made under this act. If Medicaid expenditures are

21  projected to exceed the amount appropriated by the

22  Legislature, the Department of Health shall limit the number

23  of screenings to ensure Medicaid expenditures do not exceed

24  the amount appropriated. The Department of Health, in

25  cooperation with the Agency for Health Care Administration,

26  shall prepare an annual report that must include the number of

27  women screened; the percentage of positive and negative

28  outcomes; the number of referrals to Medicaid and other

29  providers for treatment services; the estimated number of

30  women who are not screened or not served by Medicaid due to

31  funding limitations, if any; the cost of Medicaid treatment

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 1  services; and the estimated cost of treatment services for

 2  women who were not screened or referred for treatment due to

 3  funding limitations. The report shall be submitted to the

 4  President of the Senate, the Speaker of the House of

 5  Representatives, and the Executive Office of the Governor by

 6  March 1 of each year.

 7         Section 107.  Subsection (6) of section 383.19, Florida

 8  Statutes, is amended to read:

 9         383.19  Standards; funding; ineligibility.--

10         (6)  Each hospital that which contracts with the

11  department to provide services under the terms of ss.

12  383.15-383.21 shall prepare and submit to the department an

13  annual report that includes, but is not limited to, the number

14  of clients served and the costs of services in the center. The

15  department shall annually conduct a programmatic and financial

16  evaluation of each center.

17         Section 108.  Section 383.21, Florida Statutes, is

18  repealed.

19         Section 109.  Section 383.2161, Florida Statutes, is

20  amended to read:

21         383.2161  Maternal and child health report.--The

22  Department of Health annually shall annually compile and

23  analyze the risk information collected by the Office of Vital

24  Statistics and the district prenatal and infant care

25  coalitions and shall maintain county and statewide data on

26  prepare and submit to the Legislature by January 2 a report

27  that includes, but is not limited to:

28         (1)  The number of families identified as families at

29  potential risk;

30         (2)  The number of families that receive family

31  outreach services;

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 1         (3)  The increase in demand for services; and

 2         (4)  The unmet need for services for identified target

 3  groups.

 4         Section 110.  Subsection (6) of section 384.25, Florida

 5  Statutes, is repealed.

 6         Section 111.  Subsection (4) of section 394.4573,

 7  Florida Statutes, is repealed.

 8         Section 112.  Subsection (1) of section 394.4985,

 9  Florida Statutes, is amended to read:

10         394.4985  Districtwide information and referral

11  network; implementation.--

12         (1)  Each service district of the Department of

13  Children and Family Services shall develop a detailed

14  implementation plan for a districtwide comprehensive child and

15  adolescent mental health information and referral network to

16  be operational by July 1, 1999. The plan must include an

17  operating budget that demonstrates cost efficiencies and

18  identifies funding sources for the district information and

19  referral network. The plan must be submitted by the department

20  to the Legislature by October 1, 1998. The district shall use

21  existing district information and referral providers if, in

22  the development of the plan, it is concluded that these

23  providers would deliver information and referral services in a

24  more efficient and effective manner when compared to other

25  alternatives. The district information and referral network

26  must include:

27         (a)  A resource file that contains information about

28  the child and adolescent mental health services as described

29  in s. 394.495, including, but not limited to:

30         1.  Type of program;

31         2.  Hours of service;

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 1         3.  Ages of persons served;

 2         4.  Program description;

 3         5.  Eligibility requirements; and

 4         6.  Fees.

 5         (b)  Information about private providers and

 6  professionals in the community which serve children and

 7  adolescents with an emotional disturbance.

 8         (c)  A system to document requests for services that

 9  are received through the network referral process, including,

10  but not limited to:

11         1.  Number of calls by type of service requested;

12         2.  Ages of the children and adolescents for whom

13  services are requested; and

14         3.  Type of referral made by the network.

15         (d)  The ability to share client information with the

16  appropriate community agencies.

17         (e)  The submission of an annual report to the

18  department, the Agency for Health Care Administration, and

19  appropriate local government entities, which contains

20  information about the sources and frequency of requests for

21  information, types and frequency of services requested, and

22  types and frequency of referrals made.

23         Section 113.  Section 394.75, Florida Statutes, is

24  amended to read:

25         394.75  State and district substance abuse and mental

26  health plans.--

27         (1)(a)  Every 3 years, beginning in 2001, The

28  department, in consultation with the Medicaid program in the

29  Agency for Health Care Administration and the Florida

30  Substance Abuse and Mental Health Corporation, shall prepare a

31  state master plan for the delivery and financing of a system

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 1  of publicly funded, community-based substance abuse and mental

 2  health services throughout the state. The state plan must

 3  include:

 4         (b)  The initial plan must include an assessment of the

 5  clinical practice guidelines and standards for community-based

 6  mental health and substance abuse services delivered by

 7  persons or agencies under contract with the Department of

 8  Children and Family Services. The assessment must include an

 9  inventory of current clinical guidelines and standards used by

10  persons and agencies under contract with the department, and

11  by nationally recognized accreditation organizations, to

12  address the quality of care and must specify additional

13  clinical practice standards and guidelines for new or existing

14  services and programs.

15         (a)(c)  Proposed The plan must propose changes in

16  department policy or statutory revisions to strengthen the

17  quality of mental health and substance abuse treatment and

18  support services.

19         (b)(d)  The plan must identify Strategies for meeting

20  the treatment and support needs of children, adolescents,

21  adults, and older adults who have, or are at risk of having,

22  mental, emotional, or substance abuse problems as defined in

23  this chapter or chapter 397.

24         (c)(e)  The plan must include Input from persons who

25  represent local communities; local government entities that

26  contribute funds to the local substance abuse and mental

27  health treatment systems; consumers of publicly funded

28  substance abuse and mental health services, and their

29  families; and stakeholders interested in mental health and

30  substance abuse services. The plan must describe the means by

31  

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 1  which this local input occurred. The plan shall be updated

 2  annually.

 3         (f)  The plan must include statewide policies and

 4  planning parameters that will be used by the health and human

 5  services boards in preparing the district substance abuse and

 6  mental health plans.

 7         (g)  The district plans shall be one component of the

 8  state master plan.

 9         (2)  The state master plan shall also include:

10         (a)  A proposal for the development of a data system

11  that will evaluate the effectiveness of programs and services

12  provided to clients of the substance abuse and mental health

13  service system.

14         (b)  A proposal to resolve the funding discrepancies

15  between districts.

16         (d)(c)  A methodology for the allocation of resources

17  available from federal, state, and local sources and a

18  description of the current level of funding available from

19  each source.

20         (e)(d)  A description of the statewide priorities for

21  clients and services, and each district's priorities for

22  clients and services.

23         (e)  Recommendations for methods of enhancing local

24  participation in the planning, organization, and financing of

25  substance abuse and mental health services.

26         (f)  A description of the current methods of

27  contracting for services, an assessment of the efficiency of

28  these methods in providing accountability for contracted

29  funds, and recommendations for improvements to the system of

30  contracting.

31  

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 1         (f)(g)  Recommendations for improving access to

 2  services by clients and their families.

 3         (h)  Guidelines and formats for the development of

 4  district plans.

 5         (g)(i)  Recommendations for future directions for the

 6  substance abuse and mental health service delivery system.

 7         (2)  A schedule, format, and procedure for development,

 8  and review, and update of the state master plan shall be

 9  adopted by the department by June of each year. The plan and

10  annual updates shall must be submitted to the Governor and the

11  Legislature beginning February 10, 2006, and every 3rd year

12  thereafter President of the Senate and the Speaker of the

13  House of Representatives by January 1 of each year, beginning

14  January 1, 2001.

15         (3)  Each The district health and human services board

16  shall prepare an integrated district substance abuse and

17  mental health plan. The plan shall be prepared and updated on

18  a schedule established by the Assistant Secretary for

19  Substance Abuse Alcohol, Drug Abuse, and Mental Health Program

20  Office. The plan shall reflect the needs and program

21  priorities established by the department and the needs of the

22  district established under ss. 394.674 and 394.675. The

23  district plan must list in order of priority the mental health

24  and the substance abuse treatment needs of the district and

25  must rank each program separately. The plan shall include:

26         (a)  A record of the total amount of money available in

27  the district for mental health and substance abuse services.

28         (b)  A description of each service that will be

29  purchased with state funds.

30  

31  

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 1         (c)  A record of the amount of money allocated for each

 2  service identified in the plan as being purchased with state

 3  funds.

 4         (d)  A record of the total funds allocated to each

 5  provider.

 6         (e)  A record of the total funds allocated to each

 7  provider by type of service to be purchased with state funds.

 8         (a)(f)  Input from community-based persons,

 9  organizations, and agencies interested in substance abuse and

10  mental health treatment services; local government entities

11  that contribute funds to the public substance abuse and mental

12  health treatment systems; and consumers of publicly funded

13  substance abuse and mental health services, and their family

14  members. The plan must describe the means by which this local

15  input occurred.

16  

17  The plan shall be submitted by the district board to the

18  district administrator and to the governing bodies for review,

19  comment, and approval.

20         (4)  The district plan shall:

21         (a)  Describe the publicly funded, community-based

22  substance abuse and mental health system of care, and identify

23  statutorily defined populations, their service needs, and the

24  resources available and required to meet their needs.

25         (b)  Provide the means for meeting the needs of the

26  district's eligible clients, specified in ss. 394.674 and

27  394.675, for substance abuse and mental health services.

28         (b)(c)  Provide a process for coordinating the delivery

29  of services within a community-based system of care to

30  eligible clients. Such process must involve service providers,

31  clients, and other stakeholders. The process must also provide

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 1  a means by which providers will coordinate and cooperate to

 2  strengthen linkages, achieve maximum integration of services,

 3  foster efficiencies in service delivery and administration,

 4  and designate responsibility for outcomes for eligible

 5  clients.

 6         (c)(d)  Provide a projection of district program and

 7  fiscal needs for the next fiscal year, provide for the orderly

 8  and economical development of needed services, and indicate

 9  priorities and resources for each population served,

10  performance outcomes, and anticipated expenditures and

11  revenues.

12         (e)  Include a summary budget request for the total

13  district substance abuse and mental health program, which must

14  include the funding priorities established by the district

15  planning process.

16         (f)  Provide a basis for the district legislative

17  budget request.

18         (g)  Include a policy and procedure for allocation of

19  funds.

20         (h)  Include a procedure for securing local matching

21  funds. Such a procedure shall be developed in consultation

22  with governing bodies and service providers.

23         (d)(i)  Provide for the integration of substance abuse

24  and mental health services with the other departmental

25  programs and with the criminal justice, juvenile justice,

26  child protection, school, and health care systems within the

27  district.

28         (j)  Provide a plan for the coordination of services in

29  such manner as to ensure effectiveness and avoid duplication,

30  fragmentation of services, and unnecessary expenditures.

31  

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 1         (e)(k)  Provide for continuity of client care between

 2  state treatment facilities and community programs to assure

 3  that discharge planning results in the rapid application for

 4  all benefits for which a client is eligible, including

 5  Medicaid coverage for persons leaving state treatment

 6  facilities and returning to community-based programs.

 7         (l)  Provide for the most appropriate and economical

 8  use of all existing public and private agencies and personnel.

 9         (m)  Provide for the fullest possible and most

10  appropriate participation by existing programs; state

11  hospitals and other hospitals; city, county, and state health

12  and family service agencies; drug abuse and alcoholism

13  programs; probation departments; physicians; psychologists;

14  social workers; marriage and family therapists; mental health

15  counselors; clinical social workers; public health nurses;

16  school systems; and all other public and private agencies and

17  personnel that are required to, or may agree to, participate

18  in the plan.

19         (n)  Include an inventory of all public and private

20  substance abuse and mental health resources within the

21  district, including consumer advocacy groups and self-help

22  groups known to the department.

23         (4)(5)  The district plan shall address how substance

24  abuse and mental health services will be provided and how a

25  system of care for target populations will be provided given

26  the resources available in the service district. The plan must

27  include provisions for providing the most appropriate and

28  current evidence-based services for persons with substance

29  abuse disorders and mental illnesses in a variety of settings

30  maximizing client access to the most recently developed

31  psychiatric medications approved by the United States Food and

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 1  Drug Administration, for developing independent housing units

 2  through participation in the Section 811 program operated by

 3  the United States Department of Housing and Urban Development,

 4  for developing supported employment services through the

 5  Division of Vocational Rehabilitation of the Department of

 6  Education, for providing treatment services to persons with

 7  co-occurring mental illness and substance abuse problems which

 8  are integrated across treatment systems, and for providing

 9  services to adults who have a serious mental illness, as

10  defined in s. 394.67, and who reside in assisted living

11  facilities.

12         (6)  The district plan shall provide the means by which

13  the needs of the population groups specified pursuant to s.

14  394.674 will be addressed in the district.

15         (7)  In developing the district plan, optimum use shall

16  be made of any federal, state, and local funds that may be

17  available for substance abuse and mental health service

18  planning. However, the department must provide these services

19  within legislative appropriations.

20         (8)  The district health and human services board shall

21  establish a subcommittee to prepare the portion of the

22  district plan relating to children and adolescents. The

23  subcommittee shall include representative membership of any

24  committee organized or established by the district to review

25  placement of children and adolescents in residential treatment

26  programs. The board shall establish a subcommittee to prepare

27  the portion of the district plan which relates to adult mental

28  health and substance abuse. The subcommittee must include

29  representatives from the community who have an interest in

30  mental health and substance abuse treatment for adults.

31  

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 1         (5)(9)  All departments of state government and all

 2  local public agencies shall cooperate with officials to assist

 3  them in service planning. Each district administrator shall,

 4  upon request and the availability of staff, provide

 5  consultative services to the local agency directors and

 6  governing bodies.

 7         (10)  The district administrator shall ensure that the

 8  district plan:

 9         (a)  Conforms to the priorities in the state plan, the

10  requirements of this part, and the standards adopted under

11  this part;

12         (b)  Ensures that the most effective and economical use

13  will be made of available public and private substance abuse

14  and mental health resources in the service district; and

15         (c)  Has adequate provisions made for review and

16  evaluation of the services provided in the service district.

17         (11)  The district administrator shall require such

18  modifications in the district plan as he or she deems

19  necessary to bring the plan into conformance with the

20  provisions of this part. If the district board and the

21  district administrator cannot agree on the plan, including the

22  projected budget, the issues under dispute shall be submitted

23  directly to the secretary of the department for immediate

24  resolution.

25         (12)  Each governing body that provides local funds has

26  the authority to require necessary modification to only that

27  portion of the district plan which affects substance abuse and

28  mental health programs and services within the jurisdiction of

29  that governing body.

30  

31  

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 1         (13)  The district administrator shall report annually

 2  to the district board the status of funding for priorities

 3  established in the district plan.  Each report must include:

 4         (a)  A description of the district plan priorities that

 5  were included in the district legislative budget request.

 6         (b)  A description of the district plan priorities that

 7  were included in the departmental budget request.

 8         (c)  A description of the programs and services

 9  included in the district plan priorities that were

10  appropriated funds by the Legislature in the legislative

11  session that preceded the report.

12         Section 114.  Section 394.82, Florida Statutes, is

13  repealed.

14         Section 115.  Paragraph (a) of subsection (4),

15  paragraph (h) of subsection (7), and subsection (8) of section

16  394.9082, Florida Statutes, are amended to read:

17         394.9082  Behavioral health service delivery

18  strategies.--

19         (4)  CONTRACT FOR SERVICES.--

20         (a)  The Department of Children and Family Services and

21  the Agency for Health Care Administration may contract for the

22  provision or management of behavioral health services with a

23  managing entity in at least two geographic areas. Both the

24  Department of Children and Family Services and the Agency for

25  Health Care Administration must contract with the same

26  managing entity in any distinct geographic area where the

27  strategy operates. This managing entity shall be accountable

28  at a minimum for the delivery of behavioral health services

29  specified and funded by the department and the agency. The

30  geographic area must be of sufficient size in population and

31  have enough public funds for behavioral health services to

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 1  allow for flexibility and maximum efficiency. Notwithstanding

 2  the provisions of s. 409.912(4)(b)1., At least one service

 3  delivery strategy must be in one of the service districts in

 4  the catchment area of G. Pierce Wood Memorial Hospital.

 5         (7)  ESSENTIAL ELEMENTS.--

 6         (h)1.  The Department of Children and Family Services,

 7  in consultation with the Agency for Health Care

 8  Administration, shall prepare an amendment by October 31,

 9  2001, to the 2001 master state plan required under s.

10  394.75(1), which describes each service delivery strategy,

11  including at least the following details:

12         a.  Operational design;

13         b.  Counties or service districts included in each

14  strategy;

15         c.  Expected outcomes; and

16         d.  Timeframes.

17         2.  The amendment shall specifically address the

18  application of each service delivery strategy to substance

19  abuse services, including:

20         a.  The development of substance abuse service

21  protocols;

22         b.  Credentialing requirements for substance abuse

23  services; and

24         c.  The development of new service models for

25  individuals with co-occurring mental health and substance

26  abuse disorders.

27         3.  The amendment must specifically address the

28  application of each service delivery strategy to the child

29  welfare system, including:

30         a.  The development of service models that support

31  working with both children and their families in a

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 1  community-based care system and that are specific to the child

 2  welfare system.

 3         b.  A process for providing services to abused and

 4  neglected children and their families as indicated in

 5  court-ordered case plans.

 6         (8)  EXPANSION IN DISTRICTS 4 AND 12.--The department

 7  shall work with community agencies to establish a single

 8  managing entity for districts 4 and 12 accountable for the

 9  delivery of substance abuse services to child protective

10  services recipients in the two districts. The purpose of this

11  strategy is to enhance the coordination of substance abuse

12  services with community-based care agencies and the

13  department. The department shall work with affected

14  stakeholders to develop and implement a plan that allows the

15  phase-in of services beginning with the delivery of substance

16  abuse services, with phase-in of subsequent substance abuse

17  services agreed upon by the managing entity and authorized by

18  the department, providing the necessary technical assistance

19  to assure provider and district readiness for implementation.

20  When a single managing entity is established and meets

21  readiness requirements, the department may enter into a

22  noncompetitive contract with the entity. The department shall

23  maintain detailed information on the methodology used for

24  selection and a justification for the selection. Performance

25  objectives shall be developed which ensure that services that

26  are delivered directly affect and complement the child's

27  permanency plan. During the initial planning and

28  implementation phase of this project, the requirements in

29  subsections (6) and (7) are waived. Considering the critical

30  substance abuse problems experienced by many families in the

31  child protection system, the department shall initiate the

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 1  implementation of the substance abuse delivery component of

 2  this program without delay and furnish status reports to the

 3  appropriate substantive committees of the Senate and the House

 4  of Representatives no later than February 29, 2004, and

 5  February 28, 2005. The integration of all services agreed upon

 6  by the managing entity and authorized by the department must

 7  be completed within 2 years after project initiation. Ongoing

 8  monitoring and evaluation of this strategy shall be conducted

 9  in accordance with subsection (9).

10         Section 116.  Section 394.9083, Florida Statutes, is

11  repealed.

12         Section 117.  Paragraph (c) of subsection (2) of

13  section 395.807, Florida Statutes, is repealed.

14         Section 118.  Subsections (1) and (20) of section

15  397.321, Florida Statutes, are repealed.

16         Section 119.  Subsection (3) of section 397.332,

17  Florida Statutes, is repealed.

18         Section 120.  Subsection (4) of section 397.333,

19  Florida Statutes, is amended to read:

20         397.333  Statewide Drug Policy Advisory Council.--

21         (4)(a)  The chairperson of the advisory council shall

22  appoint workgroups that include members of state agencies that

23  are not represented on the advisory council and shall solicit

24  input and recommendations from those state agencies. In

25  addition, the chairperson may appoint workgroups as necessary

26  from among the members of the advisory council in order to

27  efficiently address specific issues. A representative of a

28  state agency appointed to any workgroup shall be the head of

29  the agency, or his or her designee. The chairperson may

30  designate lead and contributing agencies within a workgroup.

31  

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 1         (b)  The advisory council shall submit a report to the

 2  Governor, the President of the Senate, and the Speaker of the

 3  House of Representatives by December 1 of each year which

 4  contains a summary of the work of the council during that year

 5  and the recommendations required under subsection (3). Interim

 6  reports may be submitted at the discretion of the chairperson

 7  of the advisory council.

 8         Section 121.  Subsection (1) of section 397.94, Florida

 9  Statutes, is repealed.

10         Section 122.  Paragraph (f) of subsection (2) of

11  section 400.0067, Florida Statutes, is amended to read:

12         400.0067  State Long-Term Care Ombudsman Council;

13  duties; membership.--

14         (2)  The State Long-Term Care Ombudsman Council shall:

15         (f)  Prepare an annual report describing the activities

16  carried out by the ombudsman, and the State Long-Term Care

17  Ombudsman Council, and the local councils in the year for

18  which the report is prepared.  The State Long-Term Care

19  Ombudsman Council shall submit the report to the Secretary of

20  Elderly Affairs. The secretary shall in turn submit the report

21  to the Commissioner of the United States Administration on

22  Aging, the Governor, the Legislature President of the Senate,

23  the Speaker of the House of Representatives, the minority

24  leaders of the House and Senate, the chairpersons of

25  appropriate House and Senate committees, the Secretary of

26  Children and Family Services, and the Secretary of Health Care

27  Administration.  The report shall be submitted by the

28  Secretary of Elderly Affairs at least 30 days before the

29  convening of the regular session of the Legislature and shall,

30  at a minimum:

31  

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 1         1.  Contain and analyze data collected concerning

 2  complaints about and conditions in long-term care facilities

 3  and the disposition of those complaints.

 4         2.  Evaluate the problems experienced by residents of

 5  long-term care facilities.

 6         3.  Contain recommendations for improving the quality

 7  of life of the residents and for protecting the health,

 8  safety, welfare, and rights of the residents.

 9         4.  Analyze the success of the ombudsman program during

10  the preceding year and identify the barriers that prevent the

11  optimal operation of the program.  The report of the program's

12  successes shall also include address the relationship between

13  the state long-term care ombudsman program, the Department of

14  Elderly Affairs, the Agency for Health Care Administration,

15  and the Department of Children and Family Services, and an

16  assessment of how successfully the state long-term care

17  ombudsman program has carried out its responsibilities under

18  the Older Americans Act.

19         5.  Provide policy and regulatory and legislative

20  recommendations to solve identified problems; resolve

21  residents' complaints; improve the quality of care and life of

22  the residents; protect the health, safety, welfare, and rights

23  of the residents; and remove the barriers to the optimal

24  operation of the state long-term care ombudsman program.

25         6.  Contain recommendations from the local ombudsman

26  councils regarding program functions and activities.

27         7.  Include a report on the activities of the legal

28  advocate and other legal advocates acting on behalf of the

29  local and state councils.

30         Section 123.  Subsection (3) of section 400.0075,

31  Florida Statutes, is repealed.

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 1         Section 124.  Section 400.0089, Florida Statutes, is

 2  amended to read:

 3         400.0089  Complaint Agency reports.--The Office of

 4  State Long-Term Care Ombudsman Department of Elderly Affairs

 5  shall maintain a statewide uniform reporting system to collect

 6  and analyze data relating to complaints and conditions in

 7  long-term care facilities and to residents, for the purpose of

 8  identifying and resolving significant problems. The department

 9  and the State Long-Term Care Ombudsman Council shall submit

10  such data as part of its annual report required pursuant to s.

11  400.0067(2)(f) to the Agency for Health Care Administration,

12  the Department of Children and Family Services, the Florida

13  Statewide Advocacy Council, the Advocacy Center for Persons

14  with Disabilities, the Commissioner for the United States

15  Administration on Aging, the National Ombudsman Resource

16  Center, and any other state or federal entities that the

17  ombudsman determines appropriate. The office State Long-Term

18  Care Ombudsman Council shall publish quarterly and make

19  readily available information pertaining to the number and

20  types of complaints received by the long-term care ombudsman

21  program and shall include such information in the annual

22  report required under s. 400.0067.

23         Section 125.  Subsection (2) of section 400.148,

24  Florida Statutes, is repealed.

25         Section 126.  Paragraph (b) of subsection (3) of

26  section 400.407, Florida Statutes, is amended to read:

27         400.407  License required; fee, display.--

28         (3)  Any license granted by the agency must state the

29  maximum resident capacity of the facility, the type of care

30  for which the license is granted, the date the license is

31  issued, the expiration date of the license, and any other

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 1  information deemed necessary by the agency. Licenses shall be

 2  issued for one or more of the following categories of care:

 3  standard, extended congregate care, limited nursing services,

 4  or limited mental health.

 5         (b)  An extended congregate care license shall be

 6  issued to facilities providing, directly or through contract,

 7  services beyond those authorized in paragraph (a), including

 8  acts performed pursuant to part I of chapter 464 by persons

 9  licensed thereunder, and supportive services defined by rule

10  to persons who otherwise would be disqualified from continued

11  residence in a facility licensed under this part.

12         1.  In order for extended congregate care services to

13  be provided in a facility licensed under this part, the agency

14  must first determine that all requirements established in law

15  and rule are met and must specifically designate, on the

16  facility's license, that such services may be provided and

17  whether the designation applies to all or part of a facility.

18  Such designation may be made at the time of initial licensure

19  or relicensure, or upon request in writing by a licensee under

20  this part. Notification of approval or denial of such request

21  shall be made within 90 days after receipt of such request and

22  all necessary documentation. Existing facilities qualifying to

23  provide extended congregate care services must have maintained

24  a standard license and may not have been subject to

25  administrative sanctions during the previous 2 years, or since

26  initial licensure if the facility has been licensed for less

27  than 2 years, for any of the following reasons:

28         a.  A class I or class II violation;

29         b.  Three or more repeat or recurring class III

30  violations of identical or similar resident care standards as

31  

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 1  specified in rule from which a pattern of noncompliance is

 2  found by the agency;

 3         c.  Three or more class III violations that were not

 4  corrected in accordance with the corrective action plan

 5  approved by the agency;

 6         d.  Violation of resident care standards resulting in a

 7  requirement to employ the services of a consultant pharmacist

 8  or consultant dietitian;

 9         e.  Denial, suspension, or revocation of a license for

10  another facility under this part in which the applicant for an

11  extended congregate care license has at least 25 percent

12  ownership interest; or

13         f.  Imposition of a moratorium on admissions or

14  initiation of injunctive proceedings.

15         2.  Facilities that are licensed to provide extended

16  congregate care services shall maintain a written progress

17  report on each person who receives such services, which report

18  describes the type, amount, duration, scope, and outcome of

19  services that are rendered and the general status of the

20  resident's health.  A registered nurse, or appropriate

21  designee, representing the agency shall visit such facilities

22  at least quarterly to monitor residents who are receiving

23  extended congregate care services and to determine if the

24  facility is in compliance with this part and with rules that

25  relate to extended congregate care. One of these visits may be

26  in conjunction with the regular survey.  The monitoring visits

27  may be provided through contractual arrangements with

28  appropriate community agencies.  A registered nurse shall

29  serve as part of the team that inspects such facility. The

30  agency may waive one of the required yearly monitoring visits

31  for a facility that has been licensed for at least 24 months

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 1  to provide extended congregate care services, if, during the

 2  inspection, the registered nurse determines that extended

 3  congregate care services are being provided appropriately, and

 4  if the facility has no class I or class II violations and no

 5  uncorrected class III violations. Before such decision is

 6  made, the agency shall consult with the long-term care

 7  ombudsman council for the area in which the facility is

 8  located to determine if any complaints have been made and

 9  substantiated about the quality of services or care.  The

10  agency may not waive one of the required yearly monitoring

11  visits if complaints have been made and substantiated.

12         3.  Facilities that are licensed to provide extended

13  congregate care services shall:

14         a.  Demonstrate the capability to meet unanticipated

15  resident service needs.

16         b.  Offer a physical environment that promotes a

17  homelike setting, provides for resident privacy, promotes

18  resident independence, and allows sufficient congregate space

19  as defined by rule.

20         c.  Have sufficient staff available, taking into

21  account the physical plant and firesafety features of the

22  building, to assist with the evacuation of residents in an

23  emergency, as necessary.

24         d.  Adopt and follow policies and procedures that

25  maximize resident independence, dignity, choice, and

26  decisionmaking to permit residents to age in place to the

27  extent possible, so that moves due to changes in functional

28  status are minimized or avoided.

29         e.  Allow residents or, if applicable, a resident's

30  representative, designee, surrogate, guardian, or attorney in

31  fact to make a variety of personal choices, participate in

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 1  developing service plans, and share responsibility in

 2  decisionmaking.

 3         f.  Implement the concept of managed risk.

 4         g.  Provide, either directly or through contract, the

 5  services of a person licensed pursuant to part I of chapter

 6  464.

 7         h.  In addition to the training mandated in s. 400.452,

 8  provide specialized training as defined by rule for facility

 9  staff.

10         4.  Facilities licensed to provide extended congregate

11  care services are exempt from the criteria for continued

12  residency as set forth in rules adopted under s. 400.441.

13  Facilities so licensed shall adopt their own requirements

14  within guidelines for continued residency set forth by the

15  department in rule. However, such facilities may not serve

16  residents who require 24-hour nursing supervision. Facilities

17  licensed to provide extended congregate care services shall

18  provide each resident with a written copy of facility policies

19  governing admission and retention.

20         5.  The primary purpose of extended congregate care

21  services is to allow residents, as they become more impaired,

22  the option of remaining in a familiar setting from which they

23  would otherwise be disqualified for continued residency.  A

24  facility licensed to provide extended congregate care services

25  may also admit an individual who exceeds the admission

26  criteria for a facility with a standard license, if the

27  individual is determined appropriate for admission to the

28  extended congregate care facility.

29         6.  Before admission of an individual to a facility

30  licensed to provide extended congregate care services, the

31  individual must undergo a medical examination as provided in

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 1  s. 400.426(4) and the facility must develop a preliminary

 2  service plan for the individual.

 3         7.  When a facility can no longer provide or arrange

 4  for services in accordance with the resident's service plan

 5  and needs and the facility's policy, the facility shall make

 6  arrangements for relocating the person in accordance with s.

 7  400.428(1)(k).

 8         8.  Failure to provide extended congregate care

 9  services may result in denial of extended congregate care

10  license renewal.

11         9.  No later than January 1 of each year, the

12  department, in consultation with the agency, shall prepare and

13  submit to the Governor, the President of the Senate, the

14  Speaker of the House of Representatives, and the chairs of

15  appropriate legislative committees, a report on the status of,

16  and recommendations related to, extended congregate care

17  services. The status report must include, but need not be

18  limited to, the following information:

19         a.  A description of the facilities licensed to provide

20  such services, including total number of beds licensed under

21  this part.

22         b.  The number and characteristics of residents

23  receiving such services.

24         c.  The types of services rendered that could not be

25  provided through a standard license.

26         d.  An analysis of deficiencies cited during licensure

27  inspections.

28         e.  The number of residents who required extended

29  congregate care services at admission and the source of

30  admission.

31  

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 1         f.  Recommendations for statutory or regulatory

 2  changes.

 3         g.  The availability of extended congregate care to

 4  state clients residing in facilities licensed under this part

 5  and in need of additional services, and recommendations for

 6  appropriations to subsidize extended congregate care services

 7  for such persons.

 8         h.  Such other information as the department considers

 9  appropriate.

10         Section 127.  Paragraph (i) of subsection (1) of

11  section 400.408, Florida Statutes, is repealed.

12         Section 128.  Subsection (13) of section 400.419,

13  Florida Statutes, is amended to read:

14         400.419  Violations; imposition of administrative

15  fines; grounds.--

16         (13)  The agency shall develop and disseminate an

17  annual list of all facilities sanctioned or fined $5,000 or

18  more for violations of state standards, the number and class

19  of violations involved, the penalties imposed, and the current

20  status of cases. The list shall be disseminated, at no charge,

21  to the Department of Elderly Affairs, the Department of

22  Health, the Department of Children and Family Services, the

23  Agency for Persons with Disabilities, the area agencies on

24  aging, the Florida Statewide Advocacy Council, and the state

25  and local ombudsman councils. The Department of Children and

26  Family Services shall disseminate the list to service

27  providers under contract to the department who are responsible

28  for referring persons to a facility for residency. The agency

29  may charge a fee commensurate with the cost of printing and

30  postage to other interested parties requesting a copy of this

31  list.

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 1         Section 129.  Subsection (4) of section 400.441,

 2  Florida Statutes, is amended to read:

 3         400.441  Rules establishing standards.--

 4         (4)  The agency may use an abbreviated biennial

 5  standard licensure inspection that consists of a review of key

 6  quality-of-care standards in lieu of a full inspection in

 7  facilities which have a good record of past performance.

 8  However, a full inspection shall be conducted in facilities

 9  which have had a history of class I or class II violations,

10  uncorrected class III violations, confirmed ombudsman council

11  complaints, or confirmed licensure complaints, within the

12  previous licensure period immediately preceding the inspection

13  or when a potentially serious problem is identified during the

14  abbreviated inspection. The agency, in consultation with the

15  department, shall develop the key quality-of-care standards

16  with input from the State Long-Term Care Ombudsman Council and

17  representatives of provider groups for incorporation into its

18  rules. The department, in consultation with the agency, shall

19  report annually to the Legislature concerning its

20  implementation of this subsection. The report shall include,

21  at a minimum, the key quality-of-care standards which have

22  been developed; the number of facilities identified as being

23  eligible for the abbreviated inspection; the number of

24  facilities which have received the abbreviated inspection and,

25  of those, the number that were converted to full inspection;

26  the number and type of subsequent complaints received by the

27  agency or department on facilities which have had abbreviated

28  inspections; any recommendations for modification to this

29  subsection; any plans by the agency to modify its

30  implementation of this subsection; and any other information

31  which the department believes should be reported.

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 1         Section 130.  Subsection (2) of section 400.967,

 2  Florida Statutes, is amended to read:

 3         400.967  Rules and classification of deficiencies.--

 4         (2)  Pursuant to the intention of the Legislature, the

 5  agency, in consultation with the Agency for Persons with

 6  Disabilities Department of Children and Family Services and

 7  the Department of Elderly Affairs, shall adopt and enforce

 8  rules to administer this part, which shall include reasonable

 9  and fair criteria governing:

10         (a)  The location and construction of the facility;

11  including fire and life safety, plumbing, heating, cooling,

12  lighting, ventilation, and other housing conditions that will

13  ensure the health, safety, and comfort of residents. The

14  agency shall establish standards for facilities and equipment

15  to increase the extent to which new facilities and a new wing

16  or floor added to an existing facility after July 1, 2000, are

17  structurally capable of serving as shelters only for

18  residents, staff, and families of residents and staff, and

19  equipped to be self-supporting during and immediately

20  following disasters. The Agency for Health Care Administration

21  shall work with facilities licensed under this part and report

22  to the Governor and the Legislature by April 1, 2000, its

23  recommendations for cost-effective renovation standards to be

24  applied to existing facilities. In making such rules, the

25  agency shall be guided by criteria recommended by nationally

26  recognized, reputable professional groups and associations

27  having knowledge concerning such subject matters. The agency

28  shall update or revise such criteria as the need arises. All

29  facilities must comply with those lifesafety code requirements

30  and building code standards applicable at the time of approval

31  of their construction plans. The agency may require

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 1  alterations to a building if it determines that an existing

 2  condition constitutes a distinct hazard to life, health, or

 3  safety. The agency shall adopt fair and reasonable rules

 4  setting forth conditions under which existing facilities

 5  undergoing additions, alterations, conversions, renovations,

 6  or repairs are required to comply with the most recent updated

 7  or revised standards.

 8         (b)  The number and qualifications of all personnel,

 9  including management, medical nursing, and other personnel,

10  having responsibility for any part of the care given to

11  residents.

12         (c)  All sanitary conditions within the facility and

13  its surroundings, including water supply, sewage disposal,

14  food handling, and general hygiene, which will ensure the

15  health and comfort of residents.

16         (d)  The equipment essential to the health and welfare

17  of the residents.

18         (e)  A uniform accounting system.

19         (f)  The care, treatment, and maintenance of residents

20  and measurement of the quality and adequacy thereof.

21         (g)  The preparation and annual update of a

22  comprehensive emergency management plan. The agency shall

23  adopt rules establishing minimum criteria for the plan after

24  consultation with the Department of Community Affairs. At a

25  minimum, the rules must provide for plan components that

26  address emergency evacuation transportation; adequate

27  sheltering arrangements; postdisaster activities, including

28  emergency power, food, and water; postdisaster transportation;

29  supplies; staffing; emergency equipment; individual

30  identification of residents and transfer of records; and

31  responding to family inquiries. The comprehensive emergency

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 1  management plan is subject to review and approval by the local

 2  emergency management agency. During its review, the local

 3  emergency management agency shall ensure that the following

 4  agencies, at a minimum, are given the opportunity to review

 5  the plan: the Department of Elderly Affairs, the Agency for

 6  Persons with Disabilities Department of Children and Family

 7  Services, the Agency for Health Care Administration, and the

 8  Department of Community Affairs. Also, appropriate volunteer

 9  organizations must be given the opportunity to review the

10  plan. The local emergency management agency shall complete its

11  review within 60 days and either approve the plan or advise

12  the facility of necessary revisions.

13         (h)  Each licensee shall post its license in a

14  prominent place that is in clear and unobstructed public view

15  at or near the place where residents are being admitted to the

16  facility.

17         Section 131.  Subsection (3) of section 402.3016,

18  Florida Statutes, is repealed.

19         Section 132.  Subsection (9) of section 402.40, Florida

20  Statutes, is repealed.

21         Section 133.  Paragraph (c) of subsection (1) of

22  section 402.73, Florida Statutes, is amended to read:

23         402.73  Contracting and performance standards.--

24         (1)  The Department of Children and Family Services

25  shall establish performance standards for all contracted

26  client services. Notwithstanding s. 287.057(5)(f), the

27  department must competitively procure any contract for client

28  services when any of the following occurs:

29         (c)  The department has concluded, after reviewing

30  market prices and available treatment options, that there is

31  evidence that the department can improve the performance

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 1  outcomes produced by its contract resources. At a minimum, the

 2  department shall review market prices and available treatment

 3  options biennially. The department shall compile the results

 4  of the biennial review and include the results in its annual

 5  performance report to the Legislature pursuant to chapter

 6  94-249, Laws of Florida. The department shall provide notice

 7  and an opportunity for public comment on its review of market

 8  prices and available treatment options.

 9         Section 134.  Paragraph (d) of subsection (2) and

10  subsection (6) of section 403.067, Florida Statutes, are

11  amended to read:

12         403.067  Establishment and implementation of total

13  maximum daily loads.--

14         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance

15  with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33

16  U.S.C. ss. 1251 et seq., the department must submit

17  periodically to the United States Environmental Protection

18  Agency a list of surface waters or segments for which total

19  maximum daily load assessments will be conducted. The

20  assessments shall evaluate the water quality conditions of the

21  listed waters and, if such waters are determined not to meet

22  water quality standards, total maximum daily loads shall be

23  established, subject to the provisions of subsection (4). The

24  department shall establish a priority ranking and schedule for

25  analyzing such waters.

26         (d)  If the department proposes to implement total

27  maximum daily load calculations or allocations established

28  prior to the effective date of this act, the department shall

29  adopt those calculations and allocations by rule by the

30  secretary pursuant to ss. 120.536(1) and 120.54 and paragraph

31  (6)(c) (6)(d).

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 1         (6)  CALCULATION AND ALLOCATION.--

 2         (a)  Calculation of total maximum daily load.

 3         1.  Prior to developing a total maximum daily load

 4  calculation for each water body or water body segment on the

 5  list specified in subsection (4), the department shall

 6  coordinate with applicable local governments, water management

 7  districts, the Department of Agriculture and Consumer

 8  Services, other appropriate state agencies, local soil and

 9  water conservation districts, environmental groups, regulated

10  interests, and affected pollution sources to determine the

11  information required, accepted methods of data collection and

12  analysis, and quality control/quality assurance requirements.

13  The analysis may include mathematical water quality modeling

14  using approved procedures and methods.

15         2.  The department shall develop total maximum daily

16  load calculations for each water body or water body segment on

17  the list described in subsection (4) according to the priority

18  ranking and schedule unless the impairment of such waters is

19  due solely to activities other than point and nonpoint sources

20  of pollution. For waters determined to be impaired due solely

21  to factors other than point and nonpoint sources of pollution,

22  no total maximum daily load will be required. A total maximum

23  daily load may be required for those waters that are impaired

24  predominantly due to activities other than point and nonpoint

25  sources. The total maximum daily load calculation shall

26  establish the amount of a pollutant that a water body or water

27  body segment may receive from all sources without exceeding

28  water quality standards, and shall account for seasonal

29  variations and include a margin of safety that takes into

30  account any lack of knowledge concerning the relationship

31  between effluent limitations and water quality. The total

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 1  maximum daily load may be based on a pollutant load reduction

 2  goal developed by a water management district, provided that

 3  such pollutant load reduction goal is promulgated by the

 4  department in accordance with the procedural and substantive

 5  requirements of this subsection.

 6         (b)  Allocation of total maximum daily loads. The total

 7  maximum daily loads shall include establishment of reasonable

 8  and equitable allocations of the total maximum daily load

 9  among point and nonpoint sources that will alone, or in

10  conjunction with other management and restoration activities,

11  provide for the attainment of water quality standards and the

12  restoration of impaired waters. The allocations may establish

13  the maximum amount of the water pollutant from a given source

14  or category of sources that may be discharged or released into

15  the water body or water body segment in combination with other

16  discharges or releases. Allocations may also be made to

17  individual basins and sources or as a whole to all basins and

18  sources or categories of sources of inflow to the water body

19  or water body segments. Allocations shall be designed to

20  attain water quality standards and shall be based on

21  consideration of the following:

22         1.  Existing treatment levels and management practices;

23         2.  Differing impacts pollutant sources may have on

24  water quality;

25         3.  The availability of treatment technologies,

26  management practices, or other pollutant reduction measures;

27         4.  Environmental, economic, and technological

28  feasibility of achieving the allocation;

29         5.  The cost benefit associated with achieving the

30  allocation;

31         6.  Reasonable timeframes for implementation;

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 1         7.  Potential applicability of any moderating

 2  provisions such as variances, exemptions, and mixing zones;

 3  and

 4         8.  The extent to which nonattainment of water quality

 5  standards is caused by pollution sources outside of Florida,

 6  discharges that have ceased, or alterations to water bodies

 7  prior to the date of this act.

 8         (c)  Not later than February 1, 2001, the department

 9  shall submit a report to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives

11  containing recommendations, including draft legislation, for

12  any modifications to the process for allocating total maximum

13  daily loads, including the relationship between allocations

14  and the watershed or basin management planning process. Such

15  recommendations shall be developed by the department in

16  cooperation with a technical advisory committee which includes

17  representatives of affected parties, environmental

18  organizations, water management districts, and other

19  appropriate local, state, and federal government agencies. The

20  technical advisory committee shall also include such members

21  as may be designated by the President of the Senate and the

22  Speaker of the House of Representatives.

23         (c)(d)  The total maximum daily load calculations and

24  allocations for each water body or water body segment shall be

25  adopted by rule by the secretary pursuant to ss. 120.536(1),

26  120.54, and 403.805. The rules adopted pursuant to this

27  paragraph shall not be subject to approval by the

28  Environmental Regulation Commission. As part of the rule

29  development process, the department shall hold at least one

30  public workshop in the vicinity of the water body or water

31  body segment for which the total maximum daily load is being

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 1  developed. Notice of the public workshop shall be published

 2  not less than 5 days nor more than 15 days before the public

 3  workshop in a newspaper of general circulation in the county

 4  or counties containing the water bodies or water body segments

 5  for which the total maximum daily load calculation and

 6  allocation are being developed.

 7         Section 135.  Subsection (3) of section 403.4131,

 8  Florida Statutes, is amended to read:

 9         403.4131  "Keep Florida Beautiful, Incorporated";

10  placement of signs.--

11         (3)  The Department of Transportation shall establish

12  an "adopt-a-highway" program to allow local organizations to

13  be identified with specific highway cleanup and highway

14  beautification projects authorized under s. 339.2405 and shall

15  coordinate such efforts with Keep Florida Beautiful, Inc. The

16  department shall report to the Governor and the Legislature on

17  the progress achieved and the savings incurred by the

18  "adopt-a-highway" program. The department shall also monitor

19  and report on compliance with the provisions of the

20  adopt-a-highway program to ensure that organizations that

21  participate in the program comply with the goals identified by

22  the department.

23         Section 136.  Section 403.7226, Florida Statutes, is

24  amended to read:

25         403.7226  Technical assistance by the department.--The

26  department shall:

27         (1)  provide technical assistance to county governments

28  and regional planning councils to ensure consistency in

29  implementing local hazardous waste management assessments as

30  provided in ss. 403.7225, 403.7234, and 403.7236. In order to

31  ensure that each local assessment is properly implemented and

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 1  that all information gathered during the assessment is

 2  uniformly compiled and documented, each county or regional

 3  planning council shall contact the department during the

 4  preparation of the local assessment to receive technical

 5  assistance. Each county or regional planning council shall

 6  follow guidelines established by the department, and adopted

 7  by rule as appropriate, in order to properly implement these

 8  assessments.

 9         (2)  Identify short-term needs and long-term needs for

10  hazardous waste management for the state on the basis of the

11  information gathered through the local hazardous waste

12  management assessments and other information from state and

13  federal regulatory agencies and sources. The state needs

14  assessment must be ongoing and must be updated when new data

15  concerning waste generation and waste management technologies

16  become available. The department shall annually send a copy of

17  this assessment to the Governor and to the Legislature.

18         Section 137.  Subsection (2) of section 403.7265,

19  Florida Statutes, is repealed.

20         Section 138.  Section 403.756, Florida Statutes, is

21  repealed.

22         Section 139.  Paragraph (b) of subsection (3) and

23  subsection (5) of section 403.7895, Florida Statutes, are

24  amended to read:

25         403.7895  Requirements for the permitting and

26  certification of commercial hazardous waste incinerators.--

27         (3)  CERTIFICATION OF NEED.--

28         (b)  The board shall make a determination of the need

29  for hazardous waste incinerators, based upon the best

30  available evidence of existing and projected need and

31  

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 1  available capacity, as presented by the applicant, and as

 2  determined by the study required by subsection (5).

 3         (5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--

 4         (a)  The department shall conduct, by November 1, 1994,

 5  or the date by which phase 2 of the next capacity assurance

 6  plan must be submitted to the United States Environmental

 7  Protection Agency, whichever date occurs first, a

 8  comprehensive independent study of the current and future need

 9  for hazardous waste incineration in the state.  The study

10  shall evaluate the projected statewide capacity needs for a

11  20-year period.  The study shall be updated at least every 5

12  years.

13         (b)  The department shall consult with state and

14  nationally recognized experts in the field of hazardous waste

15  management, including representatives from state and federal

16  agencies, industry, local government, environmental groups,

17  universities, and other interested parties.

18         (c)  The study components shall include but not be

19  limited to the following:

20         1.  Existing and projected sources, amounts, and types

21  of hazardous waste in the state for which incineration is an

22  appropriate treatment alternative, taking into account all

23  applicable federal regulations on the disposal, storage and

24  treatment or definition of hazardous waste.

25         2.  Existing and projected hazardous waste incinerator

26  capacity in the state and the nation.

27         3.  Existing and projected hazardous waste incineration

28  capacity in boilers and industrial furnaces in the state and

29  the nation.

30         4.  Existing and projected hazardous waste incineration

31  needs, specifically taking into account the impacts of

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 1  pollution prevention, recycling, and other waste reduction

 2  strategies.

 3         5.  Any other impacts associated with construction of

 4  excess hazardous waste incineration capacity in this state.

 5         (d)  Upon completion of the study, the department shall

 6  present its findings and make recommendations to the board and

 7  the Legislature regarding changes in state hazardous waste

 8  policies and management strategies.  The recommendations shall

 9  address the advisability of establishing by statute the

10  maximum capacity for hazardous waste incineration in this

11  state.

12         Section 140.  Paragraph (a) of subsection (4) of

13  section 406.02, Florida Statutes, is repealed.

14         Section 141.  Paragraph (g) of subsection (1) of

15  section 408.033, Florida Statutes, is amended to read:

16         408.033  Local and state health planning.--

17         (1)  LOCAL HEALTH COUNCILS.--

18         (g)  Each local health council is authorized to accept

19  and receive, in furtherance of its health planning functions,

20  funds, grants, and services from governmental agencies and

21  from private or civic sources and to perform studies related

22  to local health planning in exchange for such funds, grants,

23  or services. Each local health council shall, no later than

24  January 30 of each year, render an accounting of the receipt

25  and disbursement of such funds received by it to the

26  Department of Health. The department shall consolidate all

27  such reports and submit such consolidated report to the

28  Legislature no later than March 1 of each year.

29         Section 142.  Subsection (4) of section 408.914,

30  Florida Statutes, is repealed.

31  

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 1         Section 143.  Paragraph (i) of subsection (3) of

 2  section 408.915, Florida Statutes, is repealed.

 3         Section 144.  Section 408.917, Florida Statutes, is

 4  repealed.

 5         Section 145.  Paragraph (b) of subsection (7) of

 6  section 409.1451, Florida Statutes, is amended to read:

 7         409.1451  Independent living transition services.--

 8         (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The

 9  Secretary of Children and Family Services shall establish the

10  Independent Living Services Advisory Council for the purpose

11  of reviewing and making recommendations concerning the

12  implementation and operation of the independent living

13  transition services. This advisory council shall continue to

14  function as specified in this subsection until the Legislature

15  determines that the advisory council can no longer provide a

16  valuable contribution to the department's efforts to achieve

17  the goals of the independent living transition services.

18         (b)  The advisory council shall report to the secretary

19  appropriate substantive committees of the Senate and the House

20  of Representatives on the status of the implementation of the

21  system of independent living transition services; efforts to

22  publicize the availability of aftercare support services, the

23  Road-to-Independence Scholarship Program, and transitional

24  support services; specific barriers to financial aid created

25  by the scholarship and possible solutions; the success of the

26  services; problems identified; recommendations for department

27  or legislative action; and the department's implementation of

28  the recommendations contained in the Independent Living

29  Services Integration Workgroup Report submitted to the Senate

30  and the House substantive committees December 31, 2002. The

31  department shall submit a report by December 31 of each year

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 1  to the Governor and Legislature This advisory council report

 2  shall be submitted by December 31 of each year that the

 3  council is in existence and shall be accompanied by a report

 4  from the department which includes a summary of the factors

 5  reported on by the council and identifies the recommendations

 6  of the advisory council and either describes the department's

 7  actions to implement these recommendations or provides the

 8  department's rationale for not implementing the

 9  recommendations.

10         Section 146.  Section 409.146, Florida Statutes, is

11  repealed.

12         Section 147.  Section 409.152, Florida Statutes, is

13  repealed.

14         Section 148.  Subsections (1) and (2) of section

15  409.1679, Florida Statutes, are repealed.

16         Section 149.  Section 409.1685, Florida Statutes, is

17  amended to read:

18         409.1685  Children in foster care; annual report to

19  Legislature.--The Department of Children and Family Services

20  shall submit a written report to the Governor and substantive

21  committees of the Legislature concerning the status of

22  children in foster care and concerning the judicial review

23  mandated by part X of chapter 39.  This report shall be

24  submitted by May March 1 of each year and shall include the

25  following information for the prior calendar year:

26         (1)  The number of 6-month and annual judicial reviews

27  completed during that period.

28         (2)  The number of children in foster care returned to

29  a parent, guardian, or relative as a result of a 6-month or

30  annual judicial review hearing during that period.

31  

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 1         (3)  The number of termination of parental rights

 2  proceedings instituted during that period which shall include:

 3         (a)  The number of termination of parental rights

 4  proceedings initiated pursuant to s. 39.703; and

 5         (b)  The total number of terminations of parental

 6  rights ordered.

 7         (4)  The number of foster care children placed for

 8  adoption during that period.

 9         Section 150.  Paragraph (d) of subsection (5) of

10  section 409.178, Florida Statutes, is amended to read:

11         409.178  Child Care Executive Partnership Act; findings

12  and intent; grant; limitation; rules.--

13         (5)

14         (d)  Each community coordinated child care agency shall

15  be required to establish a community child care task force for

16  each child care purchasing pool. The task force must be

17  composed of employers, parents, private child care providers,

18  and one representative from the local children's services

19  council, if one exists in the area of the purchasing pool. The

20  community coordinated child care agency is expected to recruit

21  the task force members from existing child care councils,

22  commissions, or task forces already operating in the area of a

23  purchasing pool. A majority of the task force shall consist of

24  employers. Each task force shall develop a plan for the use of

25  child care purchasing pool funds. The plan must show how many

26  children will be served by the purchasing pool, how many will

27  be new to receiving child care services, and how the community

28  coordinated child care agency intends to attract new employers

29  and their employees to the program.

30         Section 151.  Paragraph (k) of subsection (4) of

31  section 409.221, Florida Statutes, is repealed.

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 1         Section 152.  Paragraph (a) of subsection (3) of

 2  section 409.25575, Florida Statutes, is amended to read:

 3         409.25575  Support enforcement; privatization.--

 4         (3)(a)  The department shall establish a quality

 5  assurance program for the privatization of services. The

 6  quality assurance program must include standards for each

 7  specific component of these services. The department shall

 8  establish minimum thresholds for each component. Each program

 9  operated pursuant to contract must be evaluated annually by

10  the department or by an objective competent entity designated

11  by the department under the provisions of the quality

12  assurance program. The evaluation must be financed from cost

13  savings associated with the privatization of services. The

14  department shall submit an annual report regarding quality

15  performance, outcome measure attainment, and cost efficiency

16  to the President of the Senate, the Speaker of the House of

17  Representatives, the Minority leader of each house of the

18  Legislature, and the Governor no later than January 31 of each

19  year, beginning in 1999. The quality assurance program must be

20  financed through administrative savings generated by this act.

21         Section 153.  Subsection (7) of section 409.2558,

22  Florida Statutes, is amended to read:

23         409.2558  Support distribution and disbursement.--

24         (7)  RULEMAKING AUTHORITY.--The department may adopt

25  rules to administer this section. The department shall provide

26  a draft of the proposed concepts for the rule for the

27  undistributable collections to interested parties for review

28  and recommendations prior to full development of the rule and

29  initiating the formal rule-development process. The department

30  shall consider but is not required to implement the

31  recommendations. The department shall provide a report to the

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 1  President of the Senate and the Speaker of the House of

 2  Representatives containing the recommendations received from

 3  interested parties and the department's response regarding

 4  incorporating the recommendations into the rule.

 5         Section 154.  Section 409.2567, Florida Statutes, is

 6  amended to read:

 7         409.2567  Services to individuals not otherwise

 8  eligible.--All support services provided by the department

 9  shall be made available on behalf of all dependent children.

10  Services shall be provided upon acceptance of public

11  assistance or upon proper application filed with the

12  department. The department shall adopt rules to provide for

13  the payment of a $25 application fee from each applicant who

14  is not a public assistance recipient. The application fee

15  shall be deposited in the Child Support Enforcement

16  Application and Program Revenue Trust Fund within the

17  Department of Revenue to be used for the Child Support

18  Enforcement Program. The obligor is responsible for all

19  administrative costs, as defined in s. 409.2554. The court

20  shall order payment of administrative costs without requiring

21  the department to have a member of the bar testify or submit

22  an affidavit as to the reasonableness of the costs. An

23  attorney-client relationship exists only between the

24  department and the legal services providers in Title IV-D

25  cases. The attorney shall advise the obligee in Title IV-D

26  cases that the attorney represents the agency and not the

27  obligee. In Title IV-D cases, any costs, including filing

28  fees, recording fees, mediation costs, service of process

29  fees, and other expenses incurred by the clerk of the circuit

30  court, shall be assessed only against the nonprevailing

31  obligor after the court makes a determination of the

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 1  nonprevailing obligor's ability to pay such costs and fees. In

 2  any case where the court does not award all costs, the court

 3  shall state in the record its reasons for not awarding the

 4  costs. The Department of Revenue shall not be considered a

 5  party for purposes of this section; however, fees may be

 6  assessed against the department pursuant to s. 57.105(1). The

 7  department shall submit a monthly report to the Governor and

 8  the chairs of the Health and Human Services Fiscal Committee

 9  of the House of Representatives and the Ways and Means

10  Committee of the Senate specifying the funds identified for

11  collection from the noncustodial parents of children receiving

12  temporary assistance and the amounts actually collected.

13         Section 155.  Subsection (3) of section 409.441,

14  Florida Statutes, is repealed.

15         Section 156.  Subsection (24) of section 409.906,

16  Florida Statutes, is amended to read:

17         409.906  Optional Medicaid services.--Subject to

18  specific appropriations, the agency may make payments for

19  services which are optional to the state under Title XIX of

20  the Social Security Act and are furnished by Medicaid

21  providers to recipients who are determined to be eligible on

22  the dates on which the services were provided. Any optional

23  service that is provided shall be provided only when medically

24  necessary and in accordance with state and federal law.

25  Optional services rendered by providers in mobile units to

26  Medicaid recipients may be restricted or prohibited by the

27  agency. Nothing in this section shall be construed to prevent

28  or limit the agency from adjusting fees, reimbursement rates,

29  lengths of stay, number of visits, or number of services, or

30  making any other adjustments necessary to comply with the

31  availability of moneys and any limitations or directions

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 1  provided for in the General Appropriations Act or chapter 216.

 2  If necessary to safeguard the state's systems of providing

 3  services to elderly and disabled persons and subject to the

 4  notice and review provisions of s. 216.177, the Governor may

 5  direct the Agency for Health Care Administration to amend the

 6  Medicaid state plan to delete the optional Medicaid service

 7  known as "Intermediate Care Facilities for the Developmentally

 8  Disabled." Optional services may include:

 9         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

10  Agency for Health Care Administration, in consultation with

11  the Department of Children and Family Services, may establish

12  a targeted case-management project in those counties

13  identified by the Department of Children and Family Services

14  and for all counties with a community-based child welfare

15  project, as authorized under s. 409.1671, which have been

16  specifically approved by the department. Results of targeted

17  case management projects shall be reported to the Social

18  Services Estimating Conference established under s. 216.136.

19  The covered group of individuals who are eligible to receive

20  targeted case management include children who are eligible for

21  Medicaid; who are between the ages of birth through 21; and

22  who are under protective supervision or postplacement

23  supervision, under foster-care supervision, or in shelter care

24  or foster care. The number of individuals who are eligible to

25  receive targeted case management shall be limited to the

26  number for whom the Department of Children and Family Services

27  has available matching funds to cover the costs. The general

28  revenue funds required to match the funds for services

29  provided by the community-based child welfare projects are

30  limited to funds available for services described under s.

31  409.1671. The Department of Children and Family Services may

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 1  transfer the general revenue matching funds as billed by the

 2  Agency for Health Care Administration.

 3         Section 157.  Subsection (4) of section 409.9065,

 4  Florida Statutes, is amended to read:

 5         409.9065  Pharmaceutical expense assistance.--

 6         (4)  ADMINISTRATION.--The pharmaceutical expense

 7  assistance program shall be administered by the agency, in

 8  collaboration with the Department of Elderly Affairs and the

 9  Department of Children and Family Services.

10         (a)  The agency shall, by rule, establish for the

11  pharmaceutical expense assistance program eligibility

12  requirements; limits on participation; benefit limitations,

13  including copayments; a requirement for generic drug

14  substitution; and other program parameters comparable to those

15  of the Medicaid program. Individuals eligible to participate

16  in this program are not subject to the limit of four brand

17  name drugs per month per recipient as specified in s.

18  409.912(39)(a) s. 409.912(40)(a). There shall be no monetary

19  limit on prescription drugs purchased with discounts of less

20  than 51 percent unless the agency determines there is a risk

21  of a funding shortfall in the program. If the agency

22  determines there is a risk of a funding shortfall, the agency

23  may establish monetary limits on prescription drugs which

24  shall not be less than $160 worth of prescription drugs per

25  month.

26         (b)  By January 1 of each year, the agency shall report

27  to the Legislature on the operation of the program. The report

28  shall include information on the number of individuals served,

29  use rates, and expenditures under the program. The report

30  shall also address the impact of the program on reducing unmet

31  

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 1  pharmaceutical drug needs among the elderly and recommend

 2  programmatic changes.

 3         Section 158.  Section 409.91188, Florida Statutes, is

 4  amended to read:

 5         409.91188  Specialty prepaid health plans for Medicaid

 6  recipients with HIV or AIDS.--The Agency for Health Care

 7  Administration is authorized to contract with specialty

 8  prepaid health plans and pay them on a prepaid capitated basis

 9  to provide Medicaid benefits to Medicaid-eligible recipients

10  who have human immunodeficiency syndrome (HIV) or acquired

11  immunodeficiency syndrome (AIDS). The agency shall apply for

12  and is authorized to implement federal waivers or other

13  necessary federal authorization to implement the prepaid

14  health plans authorized by this section. The agency shall

15  procure the specialty prepaid health plans through a

16  competitive procurement. In awarding a contract to a managed

17  care plan, the agency shall take into account price, quality,

18  accessibility, linkages to community-based organizations, and

19  the comprehensiveness of the benefit package offered by the

20  plan. The agency may bid the HIV/AIDS specialty plans on a

21  county, regional, or statewide basis. Qualified plans must be

22  licensed under chapter 641. The agency shall monitor and

23  evaluate the implementation of this waiver program if it is

24  approved by the Federal Government and shall report on its

25  status to the President of the Senate and the Speaker of the

26  House of Representatives by February 1, 2001. To improve

27  coordination of medical care delivery and to increase cost

28  efficiency for the Medicaid program in treating HIV disease,

29  the agency for Health Care Administration shall seek all

30  necessary federal waivers to allow participation in the

31  Medipass HIV disease management program for Medicare

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 1  beneficiaries who test positive for HIV infection and who also

 2  qualify for Medicaid benefits such as prescription medications

 3  not covered by Medicare.

 4         Section 159.  Paragraph (b) of subsection (4) and

 5  subsections (5), (21), (29), (41), (44), and (49) of section

 6  409.912, Florida Statutes, are amended to read:

 7         409.912  Cost-effective purchasing of health care.--The

 8  agency shall purchase goods and services for Medicaid

 9  recipients in the most cost-effective manner consistent with

10  the delivery of quality medical care. To ensure that medical

11  services are effectively utilized, the agency may, in any

12  case, require a confirmation or second physician's opinion of

13  the correct diagnosis for purposes of authorizing future

14  services under the Medicaid program. This section does not

15  restrict access to emergency services or poststabilization

16  care services as defined in 42 C.F.R. part 438.114. Such

17  confirmation or second opinion shall be rendered in a manner

18  approved by the agency. The agency shall maximize the use of

19  prepaid per capita and prepaid aggregate fixed-sum basis

20  services when appropriate and other alternative service

21  delivery and reimbursement methodologies, including

22  competitive bidding pursuant to s. 287.057, designed to

23  facilitate the cost-effective purchase of a case-managed

24  continuum of care. The agency shall also require providers to

25  minimize the exposure of recipients to the need for acute

26  inpatient, custodial, and other institutional care and the

27  inappropriate or unnecessary use of high-cost services. The

28  agency may mandate prior authorization, drug therapy

29  management, or disease management participation for certain

30  populations of Medicaid beneficiaries, certain drug classes,

31  or particular drugs to prevent fraud, abuse, overuse, and

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 1  possible dangerous drug interactions. The Pharmaceutical and

 2  Therapeutics Committee shall make recommendations to the

 3  agency on drugs for which prior authorization is required. The

 4  agency shall inform the Pharmaceutical and Therapeutics

 5  Committee of its decisions regarding drugs subject to prior

 6  authorization. The agency is authorized to limit the entities

 7  it contracts with or enrolls as Medicaid providers by

 8  developing a provider network through provider credentialing.

 9  The agency may limit its network based on the assessment of

10  beneficiary access to care, provider availability, provider

11  quality standards, time and distance standards for access to

12  care, the cultural competence of the provider network,

13  demographic characteristics of Medicaid beneficiaries,

14  practice and provider-to-beneficiary standards, appointment

15  wait times, beneficiary use of services, provider turnover,

16  provider profiling, provider licensure history, previous

17  program integrity investigations and findings, peer review,

18  provider Medicaid policy and billing compliance records,

19  clinical and medical record audits, and other factors.

20  Providers shall not be entitled to enrollment in the Medicaid

21  provider network. The agency is authorized to seek federal

22  waivers necessary to implement this policy.

23         (4)  The agency may contract with:

24         (b)  An entity that is providing comprehensive

25  behavioral health care services to certain Medicaid recipients

26  through a capitated, prepaid arrangement pursuant to the

27  federal waiver provided for by s. 409.905(5). Such an entity

28  must be licensed under chapter 624, chapter 636, or chapter

29  641 and must possess the clinical systems and operational

30  competence to manage risk and provide comprehensive behavioral

31  health care to Medicaid recipients. As used in this paragraph,

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 1  the term "comprehensive behavioral health care services" means

 2  covered mental health and substance abuse treatment services

 3  that are available to Medicaid recipients. The secretary of

 4  the Department of Children and Family Services shall approve

 5  provisions of procurements related to children in the

 6  department's care or custody prior to enrolling such children

 7  in a prepaid behavioral health plan. Any contract awarded

 8  under this paragraph must be competitively procured. In

 9  developing the behavioral health care prepaid plan procurement

10  document, the agency shall ensure that the procurement

11  document must require requires the contractor to develop and

12  implement a plan to ensure compliance with s. 394.4574 related

13  to services provided to residents of licensed assisted living

14  facilities that hold a limited mental health license. Except

15  as provided in subparagraph 8., the agency shall seek federal

16  approval to contract with a single entity meeting these

17  requirements to provide comprehensive behavioral health care

18  services to all Medicaid recipients not enrolled in a managed

19  care plan in an AHCA area. Each entity must offer sufficient

20  choice of providers in its network to ensure recipient access

21  to care and the opportunity to select a provider with whom

22  they are satisfied. The network shall include all public

23  mental health hospitals. To ensure unimpaired access to

24  behavioral health care services by Medicaid recipients, all

25  contracts issued pursuant to this paragraph shall require 80

26  percent of the capitation paid to the managed care plan,

27  including health maintenance organizations, to be expended for

28  the provision of behavioral health care services. In the event

29  the managed care plan expends less than 80 percent of the

30  capitation paid pursuant to this paragraph for the provision

31  of behavioral health care services, the difference shall be

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 1  returned to the agency. The agency shall provide the managed

 2  care plan with a certification letter indicating the amount of

 3  capitation paid during each calendar year for the provision of

 4  behavioral health care services pursuant to this section. The

 5  agency may reimburse for substance abuse treatment services on

 6  a fee-for-service basis until the agency finds that adequate

 7  funds are available for capitated, prepaid arrangements.

 8         1.  By January 1, 2001, the agency shall modify the

 9  contracts with the entities providing comprehensive inpatient

10  and outpatient mental health care services to Medicaid

11  recipients in Hillsborough, Highlands, Hardee, Manatee, and

12  Polk Counties, to include substance abuse treatment services.

13         2.  By July 1, 2003, the agency and the Department of

14  Children and Family Services shall execute a written agreement

15  that requires collaboration and joint development of all

16  policy, budgets, procurement documents, contracts, and

17  monitoring plans that have an impact on the state and Medicaid

18  community mental health and targeted case management programs.

19         1.3.  Except as provided in subparagraph 6. 8., by July

20  1, 2006, the agency and the Department of Children and Family

21  Services shall contract with managed care entities in each

22  AHCA area except area 6 or arrange to provide comprehensive

23  inpatient and outpatient mental health and substance abuse

24  services through capitated prepaid arrangements to all

25  Medicaid recipients who are eligible to participate in such

26  plans under federal law and regulation. In AHCA areas where

27  eligible individuals number less than 150,000, the agency

28  shall contract with a single managed care plan to provide

29  comprehensive behavioral health services to all recipients who

30  are not enrolled in a Medicaid health maintenance

31  organization. The agency may contract with more than one

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 1  comprehensive behavioral health provider to provide care to

 2  recipients who are not enrolled in a Medicaid health

 3  maintenance organization in AHCA areas where the eligible

 4  population exceeds 150,000. Contracts for comprehensive

 5  behavioral health providers awarded pursuant to this section

 6  shall be competitively procured. Both for-profit and

 7  not-for-profit corporations shall be eligible to compete.

 8  Managed care plans contracting with the agency under

 9  subsection (3) shall provide and receive payment for the same

10  comprehensive behavioral health benefits as provided in AHCA

11  rules, including handbooks incorporated by reference.

12         4.  By October 1, 2003, the agency and the department

13  shall submit a plan to the Governor, the President of the

14  Senate, and the Speaker of the House of Representatives which

15  provides for the full implementation of capitated prepaid

16  behavioral health care in all areas of the state.

17         a.  Implementation shall begin in 2003 in those AHCA

18  areas of the state where the agency is able to establish

19  sufficient capitation rates.

20         2.b.  If the agency determines that the proposed

21  capitation rate in any area is insufficient to provide

22  appropriate services, the agency may adjust the capitation

23  rate to ensure that care will be available. The agency and the

24  department may use existing general revenue to address any

25  additional required match but may not over-obligate existing

26  funds on an annualized basis.

27         c.  Subject to any limitations provided for in the

28  General Appropriations Act, the agency, in compliance with

29  appropriate federal authorization, shall develop policies and

30  procedures that allow for certification of local and state

31  funds.

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 1         3.5.  Children residing in a statewide inpatient

 2  psychiatric program, or in a Department of Juvenile Justice or

 3  a Department of Children and Family Services residential

 4  program approved as a Medicaid behavioral health overlay

 5  services provider shall not be included in a behavioral health

 6  care prepaid health plan or any other Medicaid managed care

 7  plan pursuant to this paragraph.

 8         4.6.  In converting to a prepaid system of delivery,

 9  the agency shall in its procurement document require an entity

10  providing only comprehensive behavioral health care services

11  to prevent the displacement of indigent care patients by

12  enrollees in the Medicaid prepaid health plan providing

13  behavioral health care services from facilities receiving

14  state funding to provide indigent behavioral health care, to

15  facilities licensed under chapter 395 which do not receive

16  state funding for indigent behavioral health care, or

17  reimburse the unsubsidized facility for the cost of behavioral

18  health care provided to the displaced indigent care patient.

19         5.7.  Traditional community mental health providers

20  under contract with the Department of Children and Family

21  Services pursuant to part IV of chapter 394, child welfare

22  providers under contract with the Department of Children and

23  Family Services in areas 1 and 6, and inpatient mental health

24  providers licensed pursuant to chapter 395 must be offered an

25  opportunity to accept or decline a contract to participate in

26  any provider network for prepaid behavioral health services.

27         6.8.  For fiscal year 2004-2005, all Medicaid eligible

28  children, except children in areas 1 and 6, whose cases are

29  open for child welfare services in the HomeSafeNet system,

30  shall be enrolled in MediPass or in Medicaid fee-for-service

31  and all their behavioral health care services including

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 1  inpatient, outpatient psychiatric, community mental health,

 2  and case management shall be reimbursed on a fee-for-service

 3  basis. Beginning July 1, 2005, such children, who are open for

 4  child welfare services in the HomeSafeNet system, shall

 5  receive their behavioral health care services through a

 6  specialty prepaid plan operated by community-based lead

 7  agencies either through a single agency or formal agreements

 8  among several agencies. The specialty prepaid plan must result

 9  in savings to the state comparable to savings achieved in

10  other Medicaid managed care and prepaid programs. Such plan

11  must provide mechanisms to maximize state and local revenues.

12  The specialty prepaid plan shall be developed by the agency

13  and the Department of Children and Family Services. The agency

14  is authorized to seek any federal waivers to implement this

15  initiative.

16         (5)  By October 1, 2003, the agency and the department

17  shall, to the extent feasible, develop a plan for implementing

18  new Medicaid procedure codes for emergency and crisis care,

19  supportive residential services, and other services designed

20  to maximize the use of Medicaid funds for Medicaid-eligible

21  recipients. The agency shall include in the agreement

22  developed pursuant to subsection (4) a provision that ensures

23  that the match requirements for these new procedure codes are

24  met by certifying eligible general revenue or local funds that

25  are currently expended on these services by the department

26  with contracted alcohol, drug abuse, and mental health

27  providers. The plan must describe specific procedure codes to

28  be implemented, a projection of the number of procedures to be

29  delivered during fiscal year 2003-2004, and a financial

30  analysis that describes the certified match procedures, and

31  accountability mechanisms, projects the earnings associated

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 1  with these procedures, and describes the sources of state

 2  match. This plan may not be implemented in any part until

 3  approved by the Legislative Budget Commission. If such

 4  approval has not occurred by December 31, 2003, the plan shall

 5  be submitted for consideration by the 2004 Legislature.

 6         (20)(21)  Any entity contracting with the agency

 7  pursuant to this section to provide health care services to

 8  Medicaid recipients is prohibited from engaging in any of the

 9  following practices or activities:

10         (a)  Practices that are discriminatory, including, but

11  not limited to, attempts to discourage participation on the

12  basis of actual or perceived health status.

13         (b)  Activities that could mislead or confuse

14  recipients, or misrepresent the organization, its marketing

15  representatives, or the agency. Violations of this paragraph

16  include, but are not limited to:

17         1.  False or misleading claims that marketing

18  representatives are employees or representatives of the state

19  or county, or of anyone other than the entity or the

20  organization by whom they are reimbursed.

21         2.  False or misleading claims that the entity is

22  recommended or endorsed by any state or county agency, or by

23  any other organization which has not certified its endorsement

24  in writing to the entity.

25         3.  False or misleading claims that the state or county

26  recommends that a Medicaid recipient enroll with an entity.

27         4.  Claims that a Medicaid recipient will lose benefits

28  under the Medicaid program, or any other health or welfare

29  benefits to which the recipient is legally entitled, if the

30  recipient does not enroll with the entity.

31  

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 1         (c)  Granting or offering of any monetary or other

 2  valuable consideration for enrollment, except as authorized by

 3  subsection (23) (24).

 4         (d)  Door-to-door solicitation of recipients who have

 5  not contacted the entity or who have not invited the entity to

 6  make a presentation.

 7         (e)  Solicitation of Medicaid recipients by marketing

 8  representatives stationed in state offices unless approved and

 9  supervised by the agency or its agent and approved by the

10  affected state agency when solicitation occurs in an office of

11  the state agency. The agency shall ensure that marketing

12  representatives stationed in state offices shall market their

13  managed care plans to Medicaid recipients only in designated

14  areas and in such a way as to not interfere with the

15  recipients' activities in the state office.

16         (f)  Enrollment of Medicaid recipients.

17         (28)(29)  The agency shall perform enrollments and

18  disenrollments for Medicaid recipients who are eligible for

19  MediPass or managed care plans. Notwithstanding the

20  prohibition contained in paragraph (20)(f) (21)(f), managed

21  care plans may perform preenrollments of Medicaid recipients

22  under the supervision of the agency or its agents. For the

23  purposes of this section, "preenrollment" means the provision

24  of marketing and educational materials to a Medicaid recipient

25  and assistance in completing the application forms, but shall

26  not include actual enrollment into a managed care plan. An

27  application for enrollment shall not be deemed complete until

28  the agency or its agent verifies that the recipient made an

29  informed, voluntary choice. The agency, in cooperation with

30  the Department of Children and Family Services, may test new

31  marketing initiatives to inform Medicaid recipients about

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 1  their managed care options at selected sites. The agency shall

 2  report to the Legislature on the effectiveness of such

 3  initiatives. The agency may contract with a third party to

 4  perform managed care plan and MediPass enrollment and

 5  disenrollment services for Medicaid recipients and is

 6  authorized to adopt rules to implement such services. The

 7  agency may adjust the capitation rate only to cover the costs

 8  of a third-party enrollment and disenrollment contract, and

 9  for agency supervision and management of the managed care plan

10  enrollment and disenrollment contract.

11         (40)(41)  The agency shall provide for the development

12  of a demonstration project by establishment in Miami-Dade

13  County of a long-term-care facility licensed pursuant to

14  chapter 395 to improve access to health care for a

15  predominantly minority, medically underserved, and medically

16  complex population and to evaluate alternatives to nursing

17  home care and general acute care for such population. Such

18  project is to be located in a health care condominium and

19  colocated with licensed facilities providing a continuum of

20  care. The establishment of this project is not subject to the

21  provisions of s. 408.036 or s. 408.039. The agency shall

22  report its findings to the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives by

24  January 1, 2003.

25         (43)(44)  The Agency for Health Care Administration

26  shall ensure that any Medicaid managed care plan as defined in

27  s. 409.9122(2)(h), whether paid on a capitated basis or a

28  shared savings basis, is cost-effective. For purposes of this

29  subsection, the term "cost-effective" means that a network's

30  per-member, per-month costs to the state, including, but not

31  limited to, fee-for-service costs, administrative costs, and

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 1  case-management fees, must be no greater than the state's

 2  costs associated with contracts for Medicaid services

 3  established under subsection (3), which shall be actuarially

 4  adjusted for case mix, model, and service area. The agency

 5  shall conduct actuarially sound audits adjusted for case mix

 6  and model in order to ensure such cost-effectiveness and shall

 7  publish the audit results on its Internet website and submit

 8  the audit results annually to the Governor, the President of

 9  the Senate, and the Speaker of the House of Representatives no

10  later than December 31 of each year. Contracts established

11  pursuant to this subsection which are not cost-effective may

12  not be renewed.

13         (48)(49)  The agency shall contract with established

14  minority physician networks that provide services to

15  historically underserved minority patients. The networks must

16  provide cost-effective Medicaid services, comply with the

17  requirements to be a MediPass provider, and provide their

18  primary care physicians with access to data and other

19  management tools necessary to assist them in ensuring the

20  appropriate use of services, including inpatient hospital

21  services and pharmaceuticals.

22         (a)  The agency shall provide for the development and

23  expansion of minority physician networks in each service area

24  to provide services to Medicaid recipients who are eligible to

25  participate under federal law and rules.

26         (b)  The agency shall reimburse each minority physician

27  network as a fee-for-service provider, including the case

28  management fee for primary care, or as a capitated rate

29  provider for Medicaid services. Any savings shall be shared

30  with the minority physician networks pursuant to the contract.

31  

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 1         (c)  For purposes of this subsection, the term

 2  "cost-effective" means that a network's per-member, per-month

 3  costs to the state, including, but not limited to,

 4  fee-for-service costs, administrative costs, and

 5  case-management fees, must be no greater than the state's

 6  costs associated with contracts for Medicaid services

 7  established under subsection (3), which shall be actuarially

 8  adjusted for case mix, model, and service area. The agency

 9  shall conduct actuarially sound audits adjusted for case mix

10  and model in order to ensure such cost-effectiveness and shall

11  publish the audit results on its Internet website and submit

12  the audit results annually to the Governor, the President of

13  the Senate, and the Speaker of the House of Representatives no

14  later than December 31. Contracts established pursuant to this

15  subsection which are not cost-effective may not be renewed.

16         (d)  The agency may apply for any federal waivers

17  needed to implement this subsection.

18         Section 160.  Section 410.0245, Florida Statutes, is

19  repealed.

20         Section 161.  Subsection (10) of section 410.604,

21  Florida Statutes, is repealed.

22         Section 162.  Section 411.221, Florida Statutes, is

23  repealed.

24         Section 163.  Section 411.242, Florida Statutes, is

25  repealed.

26         Section 164.  Subsection (8) of section 413.402,

27  Florida Statutes, is repealed.

28         Section 165.  Subsection (3) of section 414.1251,

29  Florida Statutes, is repealed.

30         Section 166.  Section 414.14, Florida Statutes, is

31  amended to read:

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 1         414.14  Public assistance policy simplification.--To

 2  the extent possible, the department shall align the

 3  requirements for eligibility under this chapter with the food

 4  stamp program and medical assistance eligibility policies and

 5  procedures to simplify the budgeting process and reduce

 6  errors.  If the department determines that s. 414.075,

 7  relating to resources, or s. 414.085, relating to income, is

 8  inconsistent with related provisions of federal law which

 9  govern the food stamp program or medical assistance, and that

10  conformance to federal law would simplify administration of

11  the WAGES Program or reduce errors without materially

12  increasing the cost of the program to the state, the secretary

13  of the department may propose a change in the resource or

14  income requirements of the program by rule. The secretary

15  shall provide written notice to the President of the Senate,

16  the Speaker of the House of Representatives, and the

17  chairpersons of the relevant committees of both houses of the

18  Legislature summarizing the proposed modifications to be made

19  by rule and changes necessary to conform state law to federal

20  law. The proposed rule shall take effect 14 days after written

21  notice is given unless the President of the Senate or the

22  Speaker of the House of Representatives advises the secretary

23  that the proposed rule exceeds the delegated authority of the

24  Legislature.

25         Section 167.  Subsection (1) of section 414.36, Florida

26  Statutes, is repealed.

27         Section 168.  Subsection (3) of section 414.391,

28  Florida Statutes, is repealed.

29         Section 169.  Subsection (6) of section 415.1045,

30  Florida Statutes, is amended to read:

31  

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 1         415.1045  Photographs, videotapes, and medical

 2  examinations; abrogation of privileged communications;

 3  confidential records and documents.--

 4         (6)  WORKING AGREEMENTS.--By March 1, 2004, The

 5  department shall enter into working agreements with the

 6  jurisdictionally responsible county sheriffs' office or local

 7  police department that will be the lead agency when conducting

 8  any criminal investigation arising from an allegation of

 9  abuse, neglect, or exploitation of a vulnerable adult. The

10  working agreement must specify how the requirements of this

11  chapter will be met. The Office of Program Policy Analysis and

12  Government Accountability shall conduct a review of the

13  efficacy of the agreements and report its findings to the

14  Legislature by March 1, 2005. For the purposes of such

15  agreement, the jurisdictionally responsible law enforcement

16  entity is authorized to share Florida criminal history and

17  local criminal history information that is not otherwise

18  exempt from s. 119.07(1) with the district personnel. A law

19  enforcement entity entering into such agreement must comply

20  with s. 943.0525. Criminal justice information provided by

21  such law enforcement entity shall be used only for the

22  purposes specified in the agreement and shall be provided at

23  no charge. Notwithstanding any other provision of law, the

24  Department of Law Enforcement shall provide to the department

25  electronic access to Florida criminal justice information

26  which is lawfully available and not exempt from s. 119.07(1),

27  only for the purpose of protective investigations and

28  emergency placement. As a condition of access to such

29  information, the department shall be required to execute an

30  appropriate user agreement addressing the access, use,

31  dissemination, and destruction of such information and to

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 1  comply with all applicable laws and rules of the Department of

 2  Law Enforcement.

 3         Section 170.  Paragraph (a) of subsection (5) of

 4  section 415.111, Florida Statutes, is amended to read:

 5         415.111  Criminal penalties.--

 6         (5)  A person who knowingly and willfully makes a false

 7  report of abuse, neglect, or exploitation of a vulnerable

 8  adult, or a person who advises another to make a false report,

 9  commits a felony of the third degree, punishable as provided

10  in s. 775.082 or s. 775.083.

11         (a)  The department shall establish procedures for

12  determining whether a false report of abuse, neglect, or

13  exploitation of a vulnerable adult has been made and for

14  submitting all identifying information relating to such a

15  false report to the local law enforcement agency as provided

16  in this subsection and shall report annually to the

17  Legislature the number of reports referred.

18         Section 171.  Subsection (9) of section 420.622,

19  Florida Statutes, is amended to read:

20         420.622  State Office on Homelessness; Council on

21  Homelessness.--

22         (9)  The council shall, by December 31 of each year,

23  provide issue to the Governor, the Legislature President of

24  the Senate, the Speaker of the House of Representatives, and

25  the Secretary of Children and Family Services an evaluation of

26  the executive director's performance in fulfilling the

27  statutory duties of the office, a report summarizing the

28  status of homelessness in the state and the council's

29  recommendations to the office and the corresponding actions

30  taken by the office, and any recommendations to the

31  

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 1  Legislature for reducing proposals to reduce homelessness in

 2  this state.

 3         Section 172.  Subsection (4) of section 420.623,

 4  Florida Statutes, is repealed.

 5         Section 173.  Subsection (9) of section 427.704,

 6  Florida Statutes, is amended to read:

 7         427.704  Powers and duties of the commission.--

 8         (9)  The commission shall prepare provide to the

 9  President of the Senate and to the Speaker of the House of

10  Representatives an annual report on the operation of the

11  telecommunications access system, which shall be available on

12  the commission's Internet website.  The first report shall be

13  provided no later than January 1, 1992, and successive reports

14  shall be provided by January 1 of each year thereafter.

15  Reports shall be prepared in consultation with the

16  administrator and the advisory committee appointed pursuant to

17  s. 427.706.  The reports shall, at a minimum, briefly outline

18  the status of developments of the telecommunications access

19  system, the number of persons served, the call volume,

20  revenues and expenditures, the allocation of the revenues and

21  expenditures between provision of specialized

22  telecommunications devices to individuals and operation of

23  statewide relay service, other major policy or operational

24  issues, and proposals for improvements or changes to the

25  telecommunications access system.

26         Section 174.  Subsection (2) of section 427.706,

27  Florida Statutes, is amended to read:

28         427.706  Advisory committee.--

29         (2)  The advisory committee shall provide the

30  expertise, experience, and perspective of persons who are

31  hearing impaired or speech impaired to the commission and to

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 1  the administrator during all phases of the development and

 2  operation of the telecommunications access system.  The

 3  advisory committee shall advise the commission and the

 4  administrator on any matter relating to the quality and

 5  cost-effectiveness of the telecommunications relay service and

 6  the specialized telecommunications devices distribution

 7  system.  The advisory committee may submit material for

 8  inclusion in the annual report prepared pursuant to s. 427.704

 9  to the President of the Senate and the Speaker of the House of

10  Representatives.

11         Section 175.  Subsections (3) through (16) of section

12  430.04, Florida Statutes, are amended to read:

13         430.04  Duties and responsibilities of the Department

14  of Elderly Affairs.--The Department of Elderly Affairs shall:

15         (3)  Prepare and submit to the Governor, each Cabinet

16  member, the President of the Senate, the Speaker of the House

17  of Representatives, the minority leaders of the House and

18  Senate, and chairpersons of appropriate House and Senate

19  committees a master plan for policies and programs in the

20  state related to aging. The plan must identify and assess the

21  needs of the elderly population in the areas of housing,

22  employment, education and training, medical care, long-term

23  care, preventive care, protective services, social services,

24  mental health, transportation, and long-term care insurance,

25  and other areas considered appropriate by the department.  The

26  plan must assess the needs of particular subgroups of the

27  population and evaluate the capacity of existing programs,

28  both public and private and in state and local agencies, to

29  respond effectively to identified needs.  If the plan

30  recommends the transfer of any program or service from the

31  Department of Children and Family Services to another state

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 1  department, the plan must also include recommendations that

 2  provide for an independent third-party mechanism, as currently

 3  exists in the Florida advocacy councils established in ss.

 4  402.165 and 402.166, for protecting the constitutional and

 5  human rights of recipients of departmental services. The plan

 6  must include policy goals and program strategies designed to

 7  respond efficiently to current and projected needs. The plan

 8  must also include policy goals and program strategies to

 9  promote intergenerational relationships and activities.

10  Public hearings and other appropriate processes shall be

11  utilized by the department to solicit input for the

12  development and updating of the master plan from parties

13  including, but not limited to, the following:

14         (a)  Elderly citizens and their families and

15  caregivers.

16         (b)  Local-level public and private service providers,

17  advocacy organizations, and other organizations relating to

18  the elderly.

19         (c)  Local governments.

20         (d)  All state agencies that provide services to the

21  elderly.

22         (e)  University centers on aging.

23         (f)  Area agency on aging and community care for the

24  elderly lead agencies.

25         (3)(4)  Serve as an information clearinghouse at the

26  state level, and assist local-level information and referral

27  resources as a repository and means for dissemination of

28  information regarding all federal, state, and local resources

29  for assistance to the elderly in the areas of, but not limited

30  to, health, social welfare, long-term care, protective

31  services, consumer protection, education and training,

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 1  housing, employment, recreation, transportation, insurance,

 2  and retirement.

 3         (4)(5)  Recommend guidelines for the development of

 4  roles for state agencies that provide services for the aging,

 5  review plans of agencies that provide such services, and relay

 6  these plans to the Governor and the Legislature, each Cabinet

 7  member, the President of the Senate, the Speaker of the House

 8  of Representatives, the minority leaders of the House and

 9  Senate, and chairpersons of appropriate House and Senate

10  committees.

11         (5)(6)  Recommend to the Governor and the Legislature,

12  each Cabinet member, the President of the Senate, the Speaker

13  of the House of Representatives, the minority leaders of the

14  House and Senate, and chairpersons of appropriate House and

15  Senate committees an organizational framework for the

16  planning, coordination, implementation, and evaluation of

17  programs related to aging, with the purpose of expanding and

18  improving programs and opportunities available to the state's

19  elderly population and enhancing a continuum of long-term

20  care.  This framework must assure that:

21         (a)  Performance objectives are established.

22         (b)  Program reviews are conducted statewide.

23         (c)  Each major program related to aging is reviewed

24  every 3 years.

25         (d)  Agency budget requests reflect the results and

26  recommendations of such program reviews.

27         (d)(e)  Program decisions reinforce lead to the

28  distinctive roles established for state agencies that provide

29  aging services.

30         (6)(7)  Advise the Governor and the Legislature, each

31  Cabinet member, the President of the Senate, the Speaker of

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 1  the House of Representatives, the minority leaders of the

 2  House and Senate, and the chairpersons of appropriate House

 3  and Senate committees regarding the need for and location of

 4  programs related to aging.

 5         (7)(8)  Review and coordinate aging research plans of

 6  all state agencies to ensure that the conformance of research

 7  objectives address to issues and needs of the state's elderly

 8  population addressed in the master plan for policies and

 9  programs related to aging.  The research activities that must

10  be reviewed and coordinated by the department include, but are

11  not limited to, contracts with academic institutions,

12  development of educational and training curriculums,

13  Alzheimer's disease and other medical research, studies of

14  long-term care and other personal assistance needs, and design

15  of adaptive or modified living environments.

16         (8)(9)  Review budget requests for programs related to

17  aging to ensure the most cost-effective use of state funding

18  for the state's elderly population before for compliance with

19  the master plan for policies and programs related to aging

20  before submission to the Governor and the Legislature.

21         (10)  Update the master plan for policies and programs

22  related to aging every 3 years.

23         (11)  Review implementation of the master plan for

24  programs and policies related to aging and annually report to

25  the Governor, each Cabinet member, the President of the

26  Senate, the Speaker of the House of Representatives, the

27  minority leaders of the House and Senate, and the chairpersons

28  of appropriate House and Senate committees the progress

29  towards implementation of the plan.

30         (9)(12)  Request other departments that administer

31  programs affecting the state's elderly population to amend

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 1  their plans, rules, policies, and research objectives as

 2  necessary to ensure that programs and other initiatives are

 3  coordinated and maximize the state's efforts to address the

 4  needs of the elderly conform with the master plan for policies

 5  and programs related to aging.

 6         (10)(13)  Hold public meetings regularly throughout the

 7  state for purposes of receiving information and maximizing the

 8  visibility of important issues relating to aging and the

 9  elderly.

10         (11)(14)  Conduct policy analysis and program

11  evaluation studies assigned by the Legislature.

12         (12)(15)  Assist the Governor, each Cabinet member, and

13  members of the Legislature the President of the Senate, the

14  Speaker of the House of Representatives, the minority leaders

15  of the House and Senate, and the chairpersons of appropriate

16  House and Senate committees in the conduct of their

17  responsibilities in such capacities as they consider

18  appropriate.

19         (13)(16)  Call upon appropriate agencies of state

20  government for such assistance as is needed in the discharge

21  of its duties. All agencies shall cooperate in assisting the

22  department in carrying out its responsibilities as prescribed

23  by this section. However, no provision of law with respect to

24  confidentiality of information may be violated.

25         Section 176.  Subsections (3) and (8) of section

26  430.502, Florida Statutes, are amended to read:

27         430.502  Alzheimer's disease; memory disorder clinics

28  and day care and respite care programs.--

29         (3)  The Alzheimer's Disease Advisory Committee shall

30  must evaluate and make recommendations to the department and

31  the Legislature concerning the need for additional memory

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 1  disorder clinics in the state. The first report will be due by

 2  December 31, 1995.

 3         (8)  The department will implement the waiver program

 4  specified in subsection (7). The agency and the department

 5  shall ensure that providers are selected that have a history

 6  of successfully serving persons with Alzheimer's disease. The

 7  department and the agency shall develop specialized standards

 8  for providers and services tailored to persons in the early,

 9  middle, and late stages of Alzheimer's disease and designate a

10  level of care determination process and standard that is most

11  appropriate to this population. The department and the agency

12  shall include in the waiver services designed to assist the

13  caregiver in continuing to provide in-home care. The

14  department shall implement this waiver program subject to a

15  specific appropriation or as provided in the General

16  Appropriations Act. The department and the agency shall submit

17  their program design to the President of the Senate and the

18  Speaker of the House of Representatives for consultation

19  during the development process.

20         Section 177.  Subsection (1) of section 430.707,

21  Florida Statutes, is amended to read:

22         430.707  Contracts.--

23         (1)  The department, in consultation with the agency,

24  shall select and contract with managed care organizations and,

25  on a prepaid basis, with other qualified providers as defined

26  in s. 430.703(7) to provide long-term care within community

27  diversion pilot project areas. The agency shall evaluate and

28  report quarterly to the department the compliance by other

29  qualified providers with all the financial and quality

30  assurance requirements of the contract.

31  

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 1         Section 178.  Paragraph (a) of subsection (3) and

 2  paragraph (c) of subsection (4) of section 445.003, Florida

 3  Statutes, are amended to read:

 4         445.003  Implementation of the federal Workforce

 5  Investment Act of 1998.--

 6         (3)  FUNDING.--

 7         (a)  Title I, Workforce Investment Act of 1998 funds;

 8  Wagner-Peyser funds; and NAFTA/Trade Act funds will be

 9  expended based on the 5-year plan of Workforce Florida, Inc.

10  The plan shall outline and direct the method used to

11  administer and coordinate various funds and programs that are

12  operated by various agencies. The following provisions shall

13  also apply to these funds:

14         1.  At least 50 percent of the Title I funds for Adults

15  and Dislocated Workers that are passed through to regional

16  workforce boards shall be allocated to Individual Training

17  Accounts unless a regional workforce board obtains a waiver

18  from Workforce Florida, Inc. Tuition, fees, and

19  performance-based incentive awards paid in compliance with

20  Florida's Performance-Based Incentive Fund Program qualify as

21  an Individual Training Account expenditure, as do other

22  programs developed by regional workforce boards in compliance

23  with policies of Workforce Florida, Inc.

24         2.  Fifteen percent of Title I funding shall be

25  retained at the state level and shall be dedicated to state

26  administration and used to design, develop, induce, and fund

27  innovative Individual Training Account pilots, demonstrations,

28  and programs. Of such funds retained at the state level, $2

29  million shall be reserved for the Incumbent Worker Training

30  Program, created under subparagraph 3. Eligible state

31  administration costs include the costs of: funding for the

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 1  board and staff of Workforce Florida, Inc.; operating fiscal,

 2  compliance, and management accountability systems through

 3  Workforce Florida, Inc.; conducting evaluation and research on

 4  workforce development activities; and providing technical and

 5  capacity building assistance to regions at the direction of

 6  Workforce Florida, Inc. Notwithstanding s. 445.004, such

 7  administrative costs shall not exceed 25 percent of these

 8  funds. An amount not to exceed 75 percent of these funds shall

 9  be allocated to Individual Training Accounts and other

10  workforce development strategies for: the Minority Teacher

11  Education Scholars program, the Certified Teacher-Aide

12  program, the Self-Employment Institute, and other training

13  designed and tailored by Workforce Florida, Inc., including,

14  but not limited to, programs for incumbent workers, displaced

15  homemakers, nontraditional employment, empowerment zones, and

16  enterprise zones. Workforce Florida, Inc., shall design,

17  adopt, and fund Individual Training Accounts for distressed

18  urban and rural communities.

19         3.  The Incumbent Worker Training Program is created

20  for the purpose of providing grant funding for continuing

21  education and training of incumbent employees at existing

22  Florida businesses. The program will provide reimbursement

23  grants to businesses that pay for preapproved, direct,

24  training-related costs.

25         a.  The Incumbent Worker Training Program will be

26  administered by Workforce Florida, Inc. Workforce Florida,

27  Inc., at its discretion, may contract with a private business

28  organization to serve as grant administrator.

29         b.  To be eligible for the program's grant funding, a

30  business must have been in operation in Florida for a minimum

31  of 1 year prior to the application for grant funding; have at

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 1  least one full-time employee; demonstrate financial viability;

 2  and be current on all state tax obligations. Priority for

 3  funding shall be given to businesses with 25 employees or

 4  fewer, businesses in rural areas, businesses in distressed

 5  inner-city areas, businesses in a qualified targeted industry,

 6  businesses whose grant proposals represent a significant

 7  upgrade in employee skills, or businesses whose grant

 8  proposals represent a significant layoff avoidance strategy.

 9         c.  All costs reimbursed by the program must be

10  preapproved by Workforce Florida, Inc., or the grant

11  administrator. The program will not reimburse businesses for

12  trainee wages, the purchase of capital equipment, or the

13  purchase of any item or service that may possibly be used

14  outside the training project. A business approved for a grant

15  may be reimbursed for preapproved, direct, training-related

16  costs including tuition and fees; books and classroom

17  materials; and overhead or indirect costs not to exceed 5

18  percent of the grant amount.

19         d.  A business that is selected to receive grant

20  funding must provide a matching contribution to the training

21  project, including, but not limited to, wages paid to trainees

22  or the purchase of capital equipment used in the training

23  project; must sign an agreement with Workforce Florida, Inc.,

24  or the grant administrator to complete the training project as

25  proposed in the application; must keep accurate records of the

26  project's implementation process; and must submit monthly or

27  quarterly reimbursement requests with required documentation.

28         e.  All Incumbent Worker Training Program grant

29  projects shall be performance-based with specific measurable

30  performance outcomes, including completion of the training

31  project and job retention. Workforce Florida, Inc., or the

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 1  grant administrator shall withhold the final payment to the

 2  grantee until a final grant report is submitted and all

 3  performance criteria specified in the grant contract have been

 4  achieved.

 5         f.  Workforce Florida, Inc., may establish guidelines

 6  necessary to implement the Incumbent Worker Training Program.

 7         g.  No more than 10 percent of the Incumbent Worker

 8  Training Program's total appropriation may be used for

 9  overhead or indirect purposes.

10         h.  Workforce Florida, Inc., shall submit a report to

11  the Legislature on the financial and general operations of the

12  Incumbent Worker Training Program as part of its annual report

13  submitted pursuant to s. 445.004. Such report will be due

14  before October 1 of any fiscal year for which the program is

15  funded by the Legislature.

16         4.  At least 50 percent of Rapid Response funding shall

17  be dedicated to Intensive Services Accounts and Individual

18  Training Accounts for dislocated workers and incumbent workers

19  who are at risk of dislocation. Workforce Florida, Inc., shall

20  also maintain an Emergency Preparedness Fund from Rapid

21  Response funds which will immediately issue Intensive Service

22  Accounts and Individual Training Accounts as well as other

23  federally authorized assistance to eligible victims of natural

24  or other disasters. At the direction of the Governor, for

25  events that qualify under federal law, these Rapid Response

26  funds shall be released to regional workforce boards for

27  immediate use. Funding shall also be dedicated to maintain a

28  unit at the state level to respond to Rapid Response

29  emergencies around the state, to work with state emergency

30  management officials, and to work with regional workforce

31  boards. All Rapid Response funds must be expended based on a

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 1  plan developed by Workforce Florida, Inc., and approved by the

 2  Governor.

 3         (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED

 4  MODIFICATIONS.--

 5         (c)  Workforce Florida, Inc., may make modifications to

 6  the state's plan, policies, and procedures to comply with

 7  federally mandated requirements that in its judgment must be

 8  complied with to maintain funding provided pursuant to Pub. L.

 9  No. 105-220. The board shall notify in writing the Governor,

10  the President of the Senate, and the Speaker of the House of

11  Representatives within 30 days after any such changes or

12  modifications.

13         Section 179.  Paragraph (a) of subsection (3) of

14  section 445.004, Florida Statutes, is amended to read:

15         445.004  Workforce Florida, Inc.; creation; purpose;

16  membership; duties and powers.--

17         (3)(a)  Workforce Florida, Inc., shall be governed by a

18  board of directors, the number of directors to be determined

19  by the Governor, whose membership and appointment must be

20  consistent with Pub. L. No. 105-220, Title I, s. 111(b), and

21  contain one member representing the licensed nonpublic

22  postsecondary educational institutions authorized as

23  individual training account providers, one member from the

24  staffing service industry, at least one member who is a

25  current or former recipient of welfare transition services as

26  defined in s. 445.002(3) or workforce services as provided in

27  s. 445.009(1), and five representatives of organized labor who

28  shall be appointed by the Governor. Notwithstanding s.

29  114.05(1)(f), the Governor may appoint remaining members to

30  Workforce Florida, Inc., from the current Workforce

31  Development Board and the WAGES Program State Board of

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 1  Directors, established pursuant to chapter 96-175, Laws of

 2  Florida, to serve on the reconstituted board. By July 1, 2000,

 3  the Workforce Development Board will provide to the Governor a

 4  transition plan to incorporate the changes required by this

 5  act and Pub. L. No. 105-220, specifying the manner of changes

 6  to the board. This plan shall govern the transition, unless

 7  otherwise notified by the Governor. The importance of

 8  minority, gender, and geographic representation shall be

 9  considered when making appointments to the board.

10         Section 180.  Subsection (1) and paragraph (a) of

11  subsection (6) of section 445.006, Florida Statutes, are

12  amended to read:

13         445.006  Strategic plan for workforce development.--

14         (1)  Workforce Florida, Inc., in conjunction with state

15  and local partners in the workforce system, shall develop a

16  strategic plan for workforce, with the goal of producing

17  skilled employees for employers in the state. The strategic

18  plan shall be submitted to the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives by

20  February 1, 2001. The strategic plan shall be updated or

21  modified by January 1 of each year thereafter. The plan must

22  include, but need not be limited to, strategies for:

23         (a)  Fulfilling the workforce system goals and

24  strategies prescribed in s. 445.004;

25         (b)  Aggregating, integrating, and leveraging workforce

26  system resources;

27         (c)  Coordinating the activities of federal, state, and

28  local workforce system partners;

29         (d)  Addressing the workforce needs of small

30  businesses; and

31  

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 1         (e)  Fostering the participation of rural communities

 2  and distressed urban cores in the workforce system.

 3         (6)(a)  The strategic plan must include strategies that

 4  are designed to prevent or reduce the need for a person to

 5  receive public assistance.  These strategies must include:

 6         1.  A teen pregnancy prevention component that

 7  includes, but is not limited to, a plan for implementing the

 8  Florida Education Now and Babies Later (ENABL) program under

 9  s. 411.242 and the Teen Pregnancy Prevention Community

10  Initiative within each county of the services area in which

11  the teen birth rate is higher than the state average;

12         2.  A component that encourages creation of

13  community-based welfare prevention and reduction initiatives

14  that increase support provided by noncustodial parents to

15  their welfare-dependent children and are consistent with

16  program and financial guidelines developed by Workforce

17  Florida, Inc., and the Commission on Responsible Fatherhood.

18  These initiatives may include, but are not limited to,

19  improved paternity establishment, work activities for

20  noncustodial parents, programs aimed at decreasing

21  out-of-wedlock pregnancies, encouraging involvement of fathers

22  with their children including court-ordered supervised

23  visitation, and increasing child support payments;

24         3.  A component that encourages formation and

25  maintenance of two-parent families through, among other

26  things, court-ordered supervised visitation;

27         4.  A component that fosters responsible fatherhood in

28  families receiving assistance; and

29         5.  A component that fosters provision of services that

30  reduce the incidence and effects of domestic violence on women

31  and children in families receiving assistance.

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 1         Section 181.  Subsection (4) of section 445.022,

 2  Florida Statutes, is repealed.

 3         Section 182.  Subsection (9) of section 445.049,

 4  Florida Statutes, is repealed.

 5         Section 183.  Section 446.27, Florida Statutes, is

 6  repealed.

 7         Section 184.  Paragraphs (a) and (c) of subsection (4)

 8  of section 446.50, Florida Statutes, are amended to read:

 9         446.50  Displaced homemakers; multiservice programs;

10  report to the Legislature; Displaced Homemaker Trust Fund

11  created.--

12         (4)  STATE PLAN.--

13         (a)  The Agency for Workforce Innovation shall develop

14  a 3-year state plan for the displaced homemaker program which

15  shall be updated annually and submitted to the Legislature by

16  January 1. The plan must address, at a minimum, the need for

17  programs specifically designed to serve displaced homemakers,

18  any necessary service components for such programs in addition

19  to those enumerated in this section, goals of the displaced

20  homemaker program with an analysis of the extent to which

21  those goals are being met, and recommendations for ways to

22  address any unmet program goals. Any request for funds for

23  program expansion must be based on the state plan.

24         (c)  The 3-year state plan must be submitted to the

25  President of the Senate, the Speaker of the House of

26  Representatives, and the Governor on or before January 1,

27  2001, and annual updates of the plan must be submitted by

28  January 1 of each subsequent year.

29         Section 185.  Subsection (10) of section 446.609,

30  Florida Statutes, is amended to read:

31         446.609  Jobs for Florida's Graduates Act.--

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 1         (10)  ASSESSMENT OF PROGRAM RESULTS.--The success of

 2  the Jobs for Florida's Graduates Program shall be assessed as

 3  follows:

 4         (a)  No later than November 1 of each year of the Jobs

 5  for Florida's Graduates Program, Jobs for America's Graduates,

 6  Inc., shall conduct and deliver to the Office of Program

 7  Policy Analysis and Government Accountability a full review

 8  and report of the program's activities. The Office of Program

 9  Policy Analysis and Government Accountability shall audit and

10  review the report and deliver the report, along with its

11  analysis and any recommendations for expansion, curtailment,

12  modification, or continuation, to the board not later than

13  December 31 of the same year.

14         (b)  Beginning in the first year of the Jobs for

15  Florida's Graduates Program, the Office of Economic and

16  Demographic Research shall undertake, during the initial

17  phase, an ongoing longitudinal study of participants to

18  determine the overall efficacy of the program. The division

19  shall transmit its findings each year to the Office of Program

20  Policy Analysis and Government Accountability for inclusion in

21  the report provided for in paragraph (a).

22         Section 186.  Section 455.204, Florida Statutes, is

23  repealed.

24         Section 187.  Subsection (8) of section 455.2226,

25  Florida Statutes, is repealed.

26         Section 188.  Subsection (6) of section 455.2228,

27  Florida Statutes, is repealed.

28         Section 189.  Section 456.005, Florida Statutes, is

29  amended to read:

30         456.005  Long-range policy planning; plans, reports,

31  and recommendations.--To facilitate efficient and

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 1  cost-effective regulation, the department and the board, where

 2  appropriate, shall develop and implement a long-range policy

 3  planning and monitoring process to include recommendations

 4  specific to each profession.  Such process shall include

 5  estimates of revenues, expenditures, cash balances, and

 6  performance statistics for each profession.  The period

 7  covered shall not be less than 5 years.  The department, with

 8  input from the boards and licensees, shall develop and adopt

 9  the long-range plan and must obtain the approval of the

10  secretary.  The department shall monitor compliance with the

11  approved long-range plan and, with input from the boards and

12  licensees, shall annually update the plans for approval by the

13  secretary. The department shall provide concise management

14  reports to the boards quarterly.  As part of the review

15  process, the department shall evaluate:

16         (1)  Whether the department, including the boards and

17  the various functions performed by the department, is

18  operating efficiently and effectively and if there is a need

19  for a board or council to assist in cost-effective regulation.

20         (2)  How and why the various professions are regulated.

21         (3)  Whether there is a need to continue regulation,

22  and to what degree.

23         (4)  Whether or not consumer protection is adequate,

24  and how it can be improved.

25         (5)  Whether there is consistency between the various

26  practice acts.

27         (6)  Whether unlicensed activity is adequately

28  enforced.

29  

30  Such plans should include conclusions and recommendations on

31  these and other issues as appropriate.  Such plans shall be

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 1  provided to the Governor and the Legislature by November 1 of

 2  each year.

 3         Section 190.  Subsection (9) of section 456.025,

 4  Florida Statutes, is amended to read:

 5         456.025  Fees; receipts; disposition.--

 6         (9)  The department shall provide a condensed

 7  management report of revenues and expenditures budgets,

 8  finances, performance measures statistics, and recommendations

 9  to each board at least once a quarter. The department shall

10  identify and include in such presentations any changes, or

11  projected changes, made to the board's budget since the last

12  presentation.

13         Section 191.  Subsection (5) of section 456.031,

14  Florida Statutes, is repealed.

15         Section 192.  Subsection (8) of section 456.033,

16  Florida Statutes, is repealed.

17         Section 193.  Subsection (6) of section 456.034,

18  Florida Statutes, is repealed.

19         Section 194.  Subsections (3) and (4) of section

20  517.302, Florida Statutes, are amended to read:

21         517.302  Criminal penalties; alternative fine;

22  Anti-Fraud Trust Fund; time limitation for criminal

23  prosecution.--

24         (3)  In lieu of a fine otherwise authorized by law, a

25  person who has been convicted of or who has pleaded guilty or

26  no contest to having engaged in conduct in violation of the

27  provisions of this chapter may be sentenced to pay a fine that

28  does not exceed the greater of three times the gross value

29  gained or three times the gross loss caused by such conduct,

30  plus court costs and the costs of investigation and

31  prosecution reasonably incurred.

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 1         (4)(a)  There is created within the office a trust fund

 2  to be known as the Anti-Fraud Trust Fund.  Any amounts

 3  assessed as costs of investigation and prosecution under this

 4  subsection shall be deposited in the trust fund. Funds

 5  deposited in such trust fund shall be used, when authorized by

 6  appropriation, for investigation and prosecution of

 7  administrative, civil, and criminal actions arising under the

 8  provisions of this chapter. Funds may also be used to improve

 9  the public's awareness and understanding of prudent investing.

10         (b)  The office shall report to the Executive Office of

11  the Governor annually by November 15, the amounts deposited

12  into the Anti-Fraud Trust Fund during the previous fiscal

13  year.  The Executive Office of the Governor shall distribute

14  these reports to the President of the Senate and the Speaker

15  of the House of Representatives.

16         (5)(4)  Criminal prosecution for offenses under this

17  chapter is subject to the time limitations of s. 775.15.

18         Section 195.  Section 526.3135, Florida Statutes, is

19  repealed.

20         Section 196.  Subsection (3) of section 531.415,

21  Florida Statutes, is repealed.

22         Section 197.  Section 553.975, Florida Statutes, is

23  repealed.

24         Section 198.  Subsection (3) of section 570.0705,

25  Florida Statutes, is repealed.

26         Section 199.  Subsection (5) of section 570.0725,

27  Florida Statutes, is repealed.

28         Section 200.  Subsection (3) of section 570.235,

29  Florida Statutes, is repealed.

30         Section 201.  Subsection (3) of section 570.543,

31  Florida Statutes, is repealed.

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 1         Section 202.  Subsection (5) of section 570.952,

 2  Florida Statutes, is repealed.

 3         Section 203.  Section 603.204, Florida Statutes, is

 4  amended to read:

 5         603.204  South Florida Tropical Fruit Plan.--

 6         (1)  The Commissioner of Agriculture, in consultation

 7  with the Tropical Fruit Advisory Council, shall develop and

 8  update, at least 90 days prior to the 1991 legislative

 9  session, submit to the President of the Senate, the Speaker of

10  the House of Representatives, and the chairs of appropriate

11  Senate and House of Representatives committees, a South

12  Florida Tropical Fruit Plan, which shall identify problems and

13  constraints of the tropical fruit industry, propose possible

14  solutions to such problems, and develop planning mechanisms

15  for orderly growth of the industry, including:

16         (1)(a)  Criteria for tropical fruit research, service,

17  and management priorities.

18         (2)(b)  Additional Proposed legislation that which may

19  be required.

20         (3)(c)  Plans relating to other tropical fruit programs

21  and related disciplines in the State University System.

22         (4)(d)  Potential tropical fruit products in terms of

23  market and needs for development.

24         (5)(e)  Evaluation of production and fresh fruit policy

25  alternatives, including, but not limited to, setting minimum

26  grades and standards, promotion and advertising, development

27  of production and marketing strategies, and setting minimum

28  standards on types and quality of nursery plants.

29         (6)(f)  Evaluation of policy alternatives for processed

30  tropical fruit products, including, but not limited to,

31  

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 1  setting minimum quality standards and development of

 2  production and marketing strategies.

 3         (7)(g)  Research and service priorities for further

 4  development of the tropical fruit industry.

 5         (8)(h)  Identification of state agencies and public and

 6  private institutions concerned with research, education,

 7  extension, services, planning, promotion, and marketing

 8  functions related to tropical fruit development, and

 9  delineation of contributions and responsibilities.  The

10  recommendations in the South Florida Tropical Fruit plan

11  relating to education or research shall be submitted to the

12  Institute of Food and Agricultural Sciences. The

13  recommendations relating to regulation or marketing shall be

14  submitted to the Department of Agriculture and Consumer

15  Services.

16         (9)(i)  Business planning, investment potential,

17  financial risks, and economics of production and utilization.

18         (2)  A revision and update of the South Florida

19  Tropical Fruit Plan shall be submitted biennially, and a

20  progress report and budget request shall be submitted

21  annually, to the officials specified in subsection (1).

22         Section 204.  Paragraph (d) of subsection (6) of

23  section 627.351, Florida Statutes, is amended to read:

24         627.351  Insurance risk apportionment plans.--

25         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

26         (d)1.  It is the intent of the Legislature that the

27  rates for coverage provided by the corporation be actuarially

28  sound and not competitive with approved rates charged in the

29  admitted voluntary market, so that the corporation functions

30  as a residual market mechanism to provide insurance only when

31  the insurance cannot be procured in the voluntary market.

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 1  Rates shall include an appropriate catastrophe loading factor

 2  that reflects the actual catastrophic exposure of the

 3  corporation.

 4         2.  For each county, the average rates of the

 5  corporation for each line of business for personal lines

 6  residential policies excluding rates for wind-only policies

 7  shall be no lower than the average rates charged by the

 8  insurer that had the highest average rate in that county among

 9  the 20 insurers with the greatest total direct written premium

10  in the state for that line of business in the preceding year,

11  except that with respect to mobile home coverages, the average

12  rates of the corporation shall be no lower than the average

13  rates charged by the insurer that had the highest average rate

14  in that county among the 5 insurers with the greatest total

15  written premium for mobile home owner's policies in the state

16  in the preceding year.

17         3.  Rates for personal lines residential wind-only

18  policies must be actuarially sound and not competitive with

19  approved rates charged by authorized insurers. However, for

20  personal lines residential wind-only policies issued or

21  renewed between July 1, 2002, and June 30, 2003, the maximum

22  premium increase must be no greater than 10 percent of the

23  Florida Windstorm Underwriting Association premium for that

24  policy in effect on June 30, 2002, as adjusted for coverage

25  changes and seasonal occupancy surcharges. For personal lines

26  residential wind-only policies issued or renewed between July

27  1, 2003, and June 30, 2004, the corporation shall use its

28  existing filed and approved wind-only rating and

29  classification plans, provided, however, that the maximum

30  premium increase must be no greater than 20 percent of the

31  premium for that policy in effect on June 30, 2003, as

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 1  adjusted for coverage changes and seasonal occupancy

 2  surcharges. Corporation rate manuals shall include a rate

 3  surcharge for seasonal occupancy. To ensure that personal

 4  lines residential wind-only rates effective on or after July

 5  1, 2004, are not competitive with approved rates charged by

 6  authorized insurers, the corporation, in conjunction with the

 7  office, shall develop a wind-only ratemaking methodology,

 8  which methodology shall be contained in a rate filing made by

 9  the corporation with the office by January 1, 2004. If the

10  office thereafter determines that the wind-only rates or

11  rating factors filed by the corporation fail to comply with

12  the wind-only ratemaking methodology provided for in this

13  subsection, it shall so notify the corporation and require the

14  corporation to amend its rates or rating factors to come into

15  compliance within 90 days of notice from the office. The

16  office shall report to the Speaker of the House of

17  Representatives and the President of the Senate on the

18  provisions of the wind-only ratemaking methodology by January

19  31, 2004.

20         4.  Rates for commercial lines coverage shall not be

21  subject to the requirements of subparagraph 2., but shall be

22  subject to all other requirements of this paragraph and s.

23  627.062.

24         5.  Nothing in this paragraph shall require or allow

25  the corporation to adopt a rate that is inadequate under s.

26  627.062.

27         6.  The corporation shall certify to the office at

28  least twice annually that its personal lines rates comply with

29  the requirements of subparagraphs 1. and 2. If any adjustment

30  in the rates or rating factors of the corporation is necessary

31  to ensure such compliance, the corporation shall make and

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 1  implement such adjustments and file its revised rates and

 2  rating factors with the office. If the office thereafter

 3  determines that the revised rates and rating factors fail to

 4  comply with the provisions of subparagraphs 1. and 2., it

 5  shall notify the corporation and require the corporation to

 6  amend its rates or rating factors in conjunction with its next

 7  rate filing. The office must notify the corporation by

 8  electronic means of any rate filing it approves for any

 9  insurer among the insurers referred to in subparagraph 2.

10         7.  In addition to the rates otherwise determined

11  pursuant to this paragraph, the corporation shall impose and

12  collect an amount equal to the premium tax provided for in s.

13  624.509 to augment the financial resources of the corporation.

14         8.a.  To assist the corporation in developing

15  additional ratemaking methods to assure compliance with

16  subparagraphs 1. and 4., the corporation shall appoint a rate

17  methodology panel consisting of one person recommended by the

18  Florida Association of Insurance Agents, one person

19  recommended by the Professional Insurance Agents of Florida,

20  one person recommended by the Florida Association of Insurance

21  and Financial Advisors, one person recommended by the insurer

22  with the highest voluntary market share of residential

23  property insurance business in the state, one person

24  recommended by the insurer with the second-highest voluntary

25  market share of residential property insurance business in the

26  state, one person recommended by an insurer writing commercial

27  residential property insurance in this state, one person

28  recommended by the Office of Insurance Regulation, and one

29  board member designated by the board chairman, who shall serve

30  as chairman of the panel.

31  

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 1         b.  By January 1, 2004, the rate methodology panel

 2  shall provide a report to the corporation of its findings and

 3  recommendations for the use of additional ratemaking methods

 4  and procedures, including the use of a rate equalization

 5  surcharge in an amount sufficient to assure that the total

 6  cost of coverage for policyholders or applicants to the

 7  corporation is sufficient to comply with subparagraph 1.

 8         c.  Within 30 days after such report, the corporation

 9  shall present to the President of the Senate, the Speaker of

10  the House of Representatives, the minority party leaders of

11  each house of the Legislature, and the chairs of the standing

12  committees of each house of the Legislature having

13  jurisdiction of insurance issues, a plan for implementing the

14  additional ratemaking methods and an outline of any

15  legislation needed to facilitate use of the new methods.

16         d.  The plan must include a provision that producer

17  commissions paid by the corporation shall not be calculated in

18  such a manner as to include any rate equalization surcharge.

19  However, without regard to the plan to be developed or its

20  implementation, producer commissions paid by the corporation

21  for each account, other than the quota share primary program,

22  shall remain fixed as to percentage, effective rate,

23  calculation, and payment method until January 1, 2004.

24         9.  By January 1, 2004, the corporation shall develop a

25  notice to policyholders or applicants that the rates of

26  Citizens Property Insurance Corporation are intended to be

27  higher than the rates of any admitted carrier and providing

28  other information the corporation deems necessary to assist

29  consumers in finding other voluntary admitted insurers willing

30  to insure their property.

31  

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 1         Section 205.  Subsection (6) of section 627.64872,

 2  Florida Statutes, is amended to read:

 3         627.64872  Florida Health Insurance Plan.--

 4         (6)  INTERIM REPORT; ANNUAL REPORT.--

 5         (a)  By no later than December 1, 2004, the board shall

 6  report to the Governor, the President of the Senate, and the

 7  Speaker of the House of Representatives the results of an

 8  actuarial study conducted by the board to determine,

 9  including, but not limited to:

10         1.  The impact the creation of the plan will have on

11  the small group insurance market and the individual market on

12  premiums paid by insureds. This shall include an estimate of

13  the total anticipated aggregate savings for all small

14  employers in the state.

15         2.  The number of individuals the pool could reasonably

16  cover at various funding levels, specifically, the number of

17  people the pool may cover at each of those funding levels.

18         3.  A recommendation as to the best source of funding

19  for the anticipated deficits of the pool.

20         4.  The effect on the individual and small group market

21  by including in the Florida Health Insurance Plan persons

22  eligible for coverage under s. 627.6487, as well as the cost

23  of including these individuals.

24  

25  The board shall take no action to implement the Florida Health

26  Insurance Plan, other than the completion of the actuarial

27  study authorized in this paragraph, until funds are

28  appropriated for startup cost and any projected deficits.

29         (b)  No later than December 1, 2005, and annually

30  thereafter, the board shall submit to the Governor, the

31  President of the Senate, the Speaker of the House of

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 1  Representatives, and the substantive legislative committees of

 2  the Legislature a report which includes an independent

 3  actuarial study to determine, including, but not be limited

 4  to:

 5         (a)1.  The impact the creation of the plan has on the

 6  small group and individual insurance market, specifically on

 7  the premiums paid by insureds. This shall include an estimate

 8  of the total anticipated aggregate savings for all small

 9  employers in the state.

10         (b)2.  The actual number of individuals covered at the

11  current funding and benefit level, the projected number of

12  individuals that may seek coverage in the forthcoming fiscal

13  year, and the projected funding needed to cover anticipated

14  increase or decrease in plan participation.

15         (c)3.  A recommendation as to the best source of

16  funding for the anticipated deficits of the pool.

17         (d)4.  A summarization of the activities of the plan in

18  the preceding calendar year, including the net written and

19  earned premiums, plan enrollment, the expense of

20  administration, and the paid and incurred losses.

21         (e)5.  A review of the operation of the plan as to

22  whether the plan has met the intent of this section.

23  

24  The board shall take no action to implement the Florida Health

25  Insurance Plan, other than the completion of the actuarial

26  study authorized in this subsection, until funds are

27  appropriated for startup costs and any projected deficits.

28         Section 206.  Subsection (2) of section 744.7021,

29  Florida Statutes, is amended to read:

30  

31  

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 1         744.7021  Statewide Public Guardianship Office.--There

 2  is hereby created the Statewide Public Guardianship Office

 3  within the Department of Elderly Affairs.

 4         (2)  The executive director shall, within available

 5  resources, have oversight responsibilities for all public

 6  guardians.

 7         (a)  The executive director shall review the current

 8  public guardian programs in Florida and other states.

 9         (b)  The executive director, in consultation with local

10  guardianship offices, shall develop statewide performance

11  measures and standards.

12         (c)  The executive director shall review the various

13  methods of funding guardianship programs, the kinds of

14  services being provided by such programs, and the demographics

15  of the wards. In addition, the executive director shall review

16  and make recommendations regarding the feasibility of

17  recovering a portion or all of the costs of providing public

18  guardianship services from the assets or income of the wards.

19         (d)  By January 1, 2004, and by January 1 of each year

20  thereafter, the executive director shall provide a status

21  report and provide further recommendations to the secretary

22  that address the need for public guardianship services and

23  related issues.

24         (d)(e)  The executive director may provide assistance

25  to local governments or entities in pursuing grant

26  opportunities. The executive director shall evaluate review

27  and make recommendations in the annual report on the

28  availability and efficacy of seeking Medicaid matching funds.

29  The executive director shall diligently seek ways to use

30  existing programs and services to meet the needs of public

31  wards.

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 1         (e)(f)  The executive director, in consultation with

 2  the Florida Guardianship Foundation, shall develop a

 3  guardianship training program curriculum that may be offered

 4  to all guardians whether public or private.

 5         (f)  The executive director shall provide an annual

 6  status report to the secretary which includes policy and

 7  legislative recommendations relating to the provision of

 8  public guardianship.

 9         Section 207.  Subsections (5) and (7) of section

10  744.708, Florida Statutes, are amended to read:

11         744.708  Reports and standards.--

12         (5)  An independent audit of each public guardian

13  office by a qualified certified public accountant shall be

14  conducted by a qualified certified public accountant performed

15  at least every 2 years.  The audit should include an

16  investigation into the practices of the office for managing

17  the person and property of the wards. A copy of the report

18  shall be submitted to the Statewide Public Guardianship

19  Office. In addition, the office of public guardian shall be

20  subject to audits or examinations by the Auditor General and

21  the Office of Program Policy Analysis and Government

22  Accountability pursuant to law.

23         (7)  The ratio for professional staff to wards shall be

24  1 professional to 40 wards.  The Statewide Public Guardianship

25  Office may increase or decrease the ratio after consultation

26  with the local public guardian and the chief judge of the

27  circuit court. The basis of the decision to increase or

28  decrease the prescribed ratio shall be reported in the annual

29  report to the Governor, the President of the Senate, the

30  Speaker of the House of Representatives, and the Chief Justice

31  of the Supreme Court.

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 1         Section 208.  Subsection (3) of section 765.5215,

 2  Florida Statutes, is repealed.

 3         Section 209.  Subsection (6) of section 768.295,

 4  Florida Statutes, is amended to read:

 5         768.295  Strategic Lawsuits Against Public

 6  Participation (SLAPP) suits by governmental entities

 7  prohibited.--

 8         (6)  In any case filed by a governmental entity which

 9  is found by a court to be in violation of this section, the

10  governmental entity shall report such finding and provide a

11  copy of the court's order to the Attorney General no later

12  than 30 days after such order is final.  The Attorney General

13  shall maintain a record of such court orders report any

14  violation of this section by a governmental entity to the

15  Cabinet, the President of the Senate, and the Speaker of the

16  House of Representatives. A copy of such report shall be

17  provided to the affected governmental entity.

18         Section 210.  Paragraph (c) of subsection (3) of

19  section 775.084, Florida Statutes, is amended to read:

20         775.084  Violent career criminals; habitual felony

21  offenders and habitual violent felony offenders; three-time

22  violent felony offenders; definitions; procedure; enhanced

23  penalties or mandatory minimum prison terms.--

24         (3)

25         (c)  In a separate proceeding, the court shall

26  determine whether the defendant is a violent career criminal

27  with respect to a primary offense committed on or after

28  October 1, 1995.  The procedure shall be as follows:

29         1.  Written notice shall be served on the defendant and

30  the defendant's attorney a sufficient time prior to the entry

31  of a plea or prior to the imposition of sentence in order to

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 1  allow the preparation of a submission on behalf of the

 2  defendant.

 3         2.  All evidence presented shall be presented in open

 4  court with full rights of confrontation, cross-examination,

 5  and representation by counsel.

 6         3.  Each of the findings required as the basis for such

 7  sentence shall be found to exist by a preponderance of the

 8  evidence and shall be appealable only as provided in paragraph

 9  (d).

10         4.  For the purpose of identification, the court shall

11  fingerprint the defendant pursuant to s. 921.241.

12         5.  For an offense committed on or after October 1,

13  1995, if the state attorney pursues a violent career criminal

14  sanction against the defendant and the court, in a separate

15  proceeding pursuant to this paragraph, determines that the

16  defendant meets the criteria under subsection (1) for imposing

17  such sanction, the court must sentence the defendant as a

18  violent career criminal, subject to imprisonment pursuant to

19  this section unless the court finds that such sentence is not

20  necessary for the protection of the public.  If the court

21  finds that it is not necessary for the protection of the

22  public to sentence the defendant as a violent career criminal,

23  the court shall provide written reasons; a written transcript

24  of orally stated reasons is permissible, if filed by the court

25  within 7 days after the date of sentencing. Each month, the

26  court shall submit to the Office of Economic and Demographic

27  Research of the Legislature the written reasons or transcripts

28  in each case in which the court determines not to sentence a

29  defendant as a violent career criminal as provided in this

30  subparagraph.

31  

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 1         Section 211.  Subsection (8) of section 790.22, Florida

 2  Statutes, is amended to read:

 3         790.22  Use of BB guns, air or gas-operated guns, or

 4  electric weapons or devices by minor under 16; limitation;

 5  possession of firearms by minor under 18 prohibited;

 6  penalties.--

 7         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

 8  minor under 18 years of age is charged with an offense that

 9  involves the use or possession of a firearm, as defined in s.

10  790.001, including a violation of subsection (3), or is

11  charged for any offense during the commission of which the

12  minor possessed a firearm, the minor shall be detained in

13  secure detention, unless the state attorney authorizes the

14  release of the minor, and shall be given a hearing within 24

15  hours after being taken into custody. At the hearing, the

16  court may order that the minor continue to be held in secure

17  detention in accordance with the applicable time periods

18  specified in s. 985.215(5), if the court finds that the minor

19  meets the criteria specified in s. 985.215(2), or if the court

20  finds by clear and convincing evidence that the minor is a

21  clear and present danger to himself or herself or the

22  community. The Department of Juvenile Justice shall prepare a

23  form for all minors charged under this subsection that states

24  the period of detention and the relevant demographic

25  information, including, but not limited to, the sex, age, and

26  race of the minor; whether or not the minor was represented by

27  private counsel or a public defender; the current offense; and

28  the minor's complete prior record, including any pending

29  cases. The form shall be provided to the judge to be

30  considered when determining whether the minor should be

31  continued in secure detention under this subsection. An order

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 1  placing a minor in secure detention because the minor is a

 2  clear and present danger to himself or herself or the

 3  community must be in writing, must specify the need for

 4  detention and the benefits derived by the minor or the

 5  community by placing the minor in secure detention, and must

 6  include a copy of the form provided by the department. The

 7  Department of Juvenile Justice must send the form, including a

 8  copy of any order, without client-identifying information, to

 9  the Office of Economic and Demographic Research.

10         Section 212.  Paragraph (b) of subsection (9) of

11  section 932.7055, Florida Statutes, is repealed.

12         Section 213.  Subsection (3) of section 943.08, Florida

13  Statutes, is repealed.

14         Section 214.  Subsection (2) of section 943.125,

15  Florida Statutes, is repealed.

16         Section 215.  Subsection (9) of section 943.68, Florida

17  Statutes, is amended to read:

18         943.68  Transportation and protective services.--

19         (9)  The department shall submit reports annually on

20  July 15 and January 15 of each year to the President of the

21  Senate, Speaker of the House of Representatives, Governor, the

22  Legislature, and members of the Cabinet, detailing all

23  transportation and protective services provided under

24  subsections (1), (5), and (6) within the preceding fiscal year

25  6 months.  Each report shall include a detailed accounting of

26  the cost of such transportation and protective services,

27  including the names of persons provided such services and the

28  nature of state business performed.

29         Section 216.  Section 944.023, Florida Statutes, is

30  amended to read:

31  

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 1         944.023  Institutional capacity Comprehensive

 2  correctional master plan.--

 3         (1)  As used in this section and s. 944.0231, the term:

 4         (a)  "Criminal Justice Estimating Conference" means the

 5  Criminal Justice Estimating Conference referred to in s.

 6  216.136 s. 216.136(5).

 7         (b)  "Total capacity" of the state correctional system

 8  means the total design capacity of all institutions and

 9  facilities in the state correctional system, which may include

10  those facilities authorized and funded under chapter 957,

11  increased by one-half, with the following exceptions:

12         1.  Medical and mental health beds must remain at

13  design capacity.

14         2.  Community-based contracted beds must remain at

15  design capacity.

16         3.  The one-inmate-per-cell requirement at Florida

17  State Prison and other maximum security facilities must be

18  maintained pursuant to paragraph (3)(a) (7)(a).

19         4.  Community correctional centers and drug treatment

20  centers must be increased by one-third.

21         5.  A housing unit may not exceed its maximum capacity

22  pursuant to paragraphs (3)(a) (7)(a) and (b).

23         6.  A number of beds equal to 5 percent of total

24  capacity shall be deducted for management beds at

25  institutions.

26         (c)  "State correctional system" means the correctional

27  system as defined in s. 944.02.

28         (2)  The department shall develop a comprehensive

29  correctional master plan.  The master plan shall project the

30  needs for the state correctional system for the coming 5-year

31  period and shall be updated annually and submitted to the

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 1  Governor's office and the Legislature at the same time the

 2  department submits its legislative budget request as provided

 3  in chapter 216.

 4         (3)  The purposes of the comprehensive correctional

 5  master plan shall be:

 6         (a)  To ensure that the penalties of the criminal

 7  justice system are completely and effectively administered to

 8  the convicted criminals and, to the maximum extent possible,

 9  that the criminal is provided opportunities for

10  self-improvement and returned to freedom as a productive

11  member of society.

12         (b)  To the extent possible, to protect the public

13  safety and the law-abiding citizens of this state and to carry

14  out the laws protecting the rights of the victims of convicted

15  criminals.

16         (c)  To develop and maintain a humane system of

17  punishment providing prison inmates with proper housing,

18  nourishment, and medical attention.

19         (d)  To provide fair and adequate compensation and

20  benefits to the employees of the state correctional system.

21         (e)  To the extent possible, to maximize the effective

22  and efficient use of the principles used in private business.

23         (f)  To provide that convicted criminals not be

24  incarcerated for any longer period of time or in any more

25  secure facility than is necessary to ensure adequate

26  sanctions, rehabilitation of offenders, and protection of

27  public safety.

28         (4)  The comprehensive correctional master plan shall

29  use the estimates of the Criminal Justice Estimating

30  Conference and shall include:

31  

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 1         (a)  A plan for the decentralization of reception and

 2  classification facilities for the implementation of a

 3  systemwide diagnosis-and-evaluation capability for adult

 4  offenders.  The plan shall provide for a system of

 5  psychological testing and evaluation as well as medical

 6  screening through department resources or with other public or

 7  private agencies through a purchase-of-services agreement.

 8         (b)  A plan developed by the department for the

 9  comprehensive vocational and educational training of, and

10  treatment programs for, offenders and their evaluation within

11  each institution, program, or facility of the department,

12  based upon the identified needs of the offender and the

13  requirements of the employment market.

14         (c)  A plan contracting with local facilities and

15  programs as short-term confinement resources of the department

16  for offenders who are sentenced to 3 years or less, or who are

17  within 3 years or less of their anticipated release date, and

18  integration of detention services which have community-based

19  programs.  The plan shall designate such facilities and

20  programs by region of the state and identify, by county, the

21  capability for local incarceration.

22         (d)  A detailed analysis of methods to implement

23  diversified alternatives to institutionalization when such

24  alternatives can be safely employed.  The analysis shall

25  include an assessment of current pretrial intervention,

26  probation, and community control alternatives and their

27  cost-effectiveness with regard to restitution to victims,

28  reimbursements for cost of supervision, and subsequent

29  violations resulting in commitments to the department.  Such

30  analysis shall also include an assessment of current use of

31  electronic surveillance of offenders and projected potential

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 1  for diverting additional categories of offenders from

 2  incarceration within the department.

 3         (e)  A detailed analysis of current incarceration rates

 4  of both the state and county correctional systems with the

 5  calculation by the department of the current and projected

 6  ratios of inmates in the correctional system, as defined in s.

 7  945.01, to the general population of the state which will

 8  serve as a basis for projecting construction needs.

 9         (f)  A plan for community-based facilities and programs

10  for the reintegration of offenders into society whereby

11  inmates who are being released shall receive assistance.  Such

12  assistance may be through work-release, transition assistance,

13  release assistance stipend, contract release, postrelease

14  special services, temporary housing, or job placement

15  programs.

16         (g)  A plan reflecting parity of pay or comparable

17  economic benefits for correctional officers with that of law

18  enforcement officers in this state, and an assessment of

19  projected impacts on turnover rates within the department.

20         (h)  A plan containing habitability criteria which

21  defines when beds are available and functional for use by

22  inmates, and containing factors which define when institutions

23  and facilities may be added to the inventory of the state

24  correctional system.

25         (5)  The comprehensive correctional master plan shall

26  project by year the total operating and capital outlay costs

27  necessary for constructing a sufficient number of prison beds

28  to avoid a deficiency in prison beds. Included in the master

29  plan which projects operating and capital outlay costs shall

30  be a siting plan which shall assess, rank, and designate

31  appropriate sites pursuant to s. 944.095(2)(a)-(k).  The

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 1  master plan shall include an assessment of the department's

 2  current capability for providing the degree of security

 3  necessary to ensure public safety and should reflect the

 4  levels of security needed for the forecasted admissions of

 5  various types of offenders based upon sentence lengths and

 6  severity of offenses.  The plan shall also provide

 7  construction options for targeting violent and habitual

 8  offenders for incarceration while providing specific

 9  alternatives for the various categories of lesser offenders.

10         (2)(6)  Institutions within the state correctional

11  system shall have the following design capacity factors:

12         (a)  Rooms and prison cells between 40 square feet and

13  90 square feet, inclusive:  one inmate per room or prison

14  cell.

15         (b)  Dormitory-style rooms and other rooms exceeding 90

16  square feet: one inmate per 55 square feet.

17         (c)  At institutions with rooms or cells, except to the

18  extent that separate confinement cells have been constructed,

19  a number of rooms or prison cells equal to 3 percent of total

20  design capacity must be deducted from design capacity and set

21  aside for confinement purposes.

22         (d)  Bed count calculations used to determine design

23  capacity shall only include beds which are functional and

24  available for use by inmates.

25         (3)(7)  Institutions within the state correctional

26  system shall have the following maximum capacity factors:

27         (a)  Rooms and prison cells between 40 square feet and

28  60 square feet, inclusive:  one inmate per room or cell.  If

29  the room or prison cell is between 60 square feet and 90

30  square feet, inclusive, two inmates are allowed in each room,

31  except that one inmate per room or prison cell is allowed at

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 1  Florida State Prison or any other maximum security institution

 2  or facility which may be constructed.

 3         (b)  Dormitory-style rooms and other rooms exceeding 90

 4  square feet: one inmate per 37.5 square feet. Double-bunking

 5  is generally allowed only along the outer walls of a

 6  dormitory.

 7         (c)  At institutions with rooms or cells, except to the

 8  extent that separate confinement cells have been constructed,

 9  a number of rooms or prison cells equal to 3 percent of total

10  maximum capacity are not available for maximum capacity, and

11  must be set aside for confinement purposes, thereby reducing

12  maximum capacity by 6 percent since these rooms would

13  otherwise house two inmates.

14         (d)  A number of beds equal to 5 percent of total

15  maximum capacity must be deducted for management at

16  institutions.

17         Section 217.  Paragraph (f) of subsection (3) of

18  section 944.801, Florida Statutes, is amended to read:

19         944.801  Education for state prisoners.--

20         (3)  The responsibilities of the Correctional Education

21  Program shall be to:

22         (f)  Report annual activities to the Secretary of

23  Corrections, the Commissioner of Education, the Governor, and

24  the Legislature.

25         Section 218.  Subsection (10) of section 945.35,

26  Florida Statutes, is repealed.

27         Section 219.  Paragraph (d) of subsection (8) of

28  section 948.10, Florida Statutes, is repealed.

29         Section 220.  Subsection (9) of section 958.045,

30  Florida Statutes, is repealed.

31  

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 1         Section 221.  Paragraph (c) of subsection (1) of

 2  section 960.045, Florida Statutes, is amended to read:

 3         960.045  Department of Legal Affairs; powers and

 4  duties.--It shall be the duty of the department to assist

 5  persons who are victims of crime.

 6         (1)  The department shall:

 7         (c)  Prepare an annual Render, prior to January 1 of

 8  each year, to the presiding officers of the Senate and House

 9  of Representatives a written report of the activities of the

10  Crime Victims' Services Office, which shall be available on

11  the department's Internet website.

12         Section 222.  Paragraph (c) of subsection (8) of

13  section 985.02, Florida Statutes, is repealed.

14         Section 223.  Subsections (3), (4), and (5) of section

15  985.08, Florida Statutes, are amended to read:

16         985.08  Information systems.--

17         (3)  In order to assist in the integration of the

18  information to be shared, the sharing of information obtained,

19  the joint planning on diversion and early intervention

20  strategies for juveniles at risk of becoming serious habitual

21  juvenile offenders, and the intervention strategies for

22  serious habitual juvenile offenders, a multiagency task force

23  should be organized and utilized by the law enforcement agency

24  or county in conjunction with the initiation of the

25  information system described in subsections (1) and (2). The

26  multiagency task force shall be composed of representatives of

27  those agencies and persons providing information for the

28  central identification file and the multiagency information

29  sheet.

30         (4)  This multiagency task force shall develop a plan

31  for the information system that includes measures which

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 1  identify and address any disproportionate representation of

 2  ethnic or racial minorities in the information systems and

 3  shall develop strategies that address the protection of

 4  individual constitutional rights.

 5         (3)(5)  Any law enforcement agency, or county which

 6  implements a juvenile offender information system and the

 7  multiagency task force which maintain the information system

 8  must annually provide any information gathered during the

 9  previous year to the delinquency and gang prevention council

10  of the judicial circuit in which the county is located.  This

11  information shall include the number, types, and patterns of

12  delinquency tracked by the juvenile offender information

13  system.

14         Section 224.  Subsections (2) and (3) of section

15  985.3045, Florida Statutes, are amended to read:

16         985.3045  Prevention service program; monitoring;

17  report; uniform performance measures.--

18         (2)  No later than January 31, 2001, the prevention

19  service program shall submit a report to the Governor, the

20  Speaker of the House, and the President of the Senate

21  concerning the implementation of a statewide multiagency plan

22  to coordinate the efforts of all state-funded programs,

23  grants, appropriations, or activities that are designed to

24  prevent juvenile crime, delinquency, gang  membership, or

25  status offense behaviors and all state-funded programs,

26  grants, appropriations, or activities that are designed to

27  prevent a child from becoming a "child in need of services,"

28  as defined in chapter 984.  The report shall include a

29  proposal for a statewide coordinated multiagency juvenile

30  delinquency prevention policy.  In preparing the report, the

31  department shall coordinate with and receive input from each

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 1  state agency or entity that receives or uses state

 2  appropriations to fund programs, grants, appropriations, or

 3  activities that are designed to prevent juvenile crime,

 4  delinquency, gang membership, status offense, or that are

 5  designed to prevent a child from becoming a "child in need of

 6  services," as defined in chapter 984.  The report shall

 7  identify whether legislation will be needed to effect a

 8  statewide plan to coordinate the efforts of all state-funded

 9  programs, grants, appropriations, or activities that are

10  designed to prevent juvenile crime, delinquency, gang

11  membership, or status offense behaviors and all state-funded

12  programs, grants, appropriations, or activities that are

13  designed to prevent a child from becoming a "child in need of

14  services," as defined in chapter 984. The report shall

15  consider the potential impact of requiring such state-funded

16  efforts to target at least one of the following strategies

17  designed to prevent youth from entering or reentering the

18  juvenile justice system and track the associated outcome data:

19         (a)  Encouraging youth to attend school, which may

20  include special assistance and tutoring to address

21  deficiencies in academic performance; outcome data to reveal

22  the number of days youth attended school while participating

23  in the program.

24         (b)  Engaging youth in productive and wholesome

25  activities during nonschool hours that build positive

26  character or instill positive values, or that enhance

27  educational experiences; outcome data to reveal the number of

28  youth who are arrested during nonschool hours while

29  participating in the program.

30         (c)  Encouraging youth to avoid the use of violence;

31  outcome data to reveal the number of youth who are arrested

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 1  for crimes involving violence while participating in the

 2  program.

 3         (d)  Assisting youth to acquire skills needed to find

 4  meaningful employment, which may include assistance in finding

 5  a suitable employer for the youth; outcome data to reveal the

 6  number of youth who obtain and maintain employment for at

 7  least 180 days.

 8  

 9  The department is encouraged to identify additional strategies

10  which may be relevant to preventing youth from becoming

11  children in need of services and to preventing juvenile crime,

12  delinquency, gang membership and status offense behaviors.

13  The report shall consider the feasibility of developing

14  uniform performance measures and methodology for collecting

15  such outcome data to be utilized by all state-funded programs,

16  grants, appropriations, or activities that are designed to

17  prevent juvenile crime, delinquency, gang membership, or

18  status offense behaviors and all state-funded programs,

19  grants, appropriations, or activities that are designed to

20  prevent a child from becoming a "child in need of services,"

21  as defined in chapter 984.  The prevention service program is

22  encouraged to identify other issues that may be of critical

23  importance to preventing a child from becoming a child in need

24  of services, as defined in chapter 984, or to preventing

25  juvenile crime, delinquency, gang membership, or status

26  offense behaviors.

27         (2)(3)  The department shall expend funds related to

28  the prevention of juvenile delinquency in a manner consistent

29  with the policies expressed in ss. 984.02 and 985.02.  The

30  department shall expend said funds in a manner that maximizes

31  

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 1  public accountability and ensures the documentation of

 2  outcomes.

 3         (a)  All entities  that receive or use state moneys to

 4  fund juvenile delinquency prevention services through

 5  contracts or grants with the department shall design the

 6  programs providing such services to further one or more of the

 7  strategies specified in paragraphs (2)(a)-(d).

 8         (b)  The department shall develop an outcome measure

 9  for each program strategy specified in paragraphs (2)(a)-(d)

10  that logically relates to the risk factor addressed by the

11  strategy.

12         (c)  All entities that receive or use state moneys to

13  fund the juvenile delinquency prevention services through

14  contracts or grants with the department shall, as a condition

15  of receipt of state funds, provide the department with

16  personal demographic information concerning all participants

17  in the service sufficient to allow the department to verify

18  criminal or delinquent history information, school attendance

19  or academic information, employment information, or other

20  requested performance information.

21         Section 225.  Section 985.3046, Florida Statutes, is

22  repealed.

23         Section 226.  Subsection (5) of section 985.305,

24  Florida Statutes, is repealed.

25         Section 227.  Subsection (9) of section 985.309,

26  Florida Statutes, is amended to read:

27         985.309  Boot camp for children.--

28         (9)  If a department-operated boot camp fails to pass

29  the department's quarterly inspection and evaluation, the

30  department must take necessary and sufficient steps to ensure

31  and document program changes to achieve compliance with

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 1  department rules.  If the department-operated boot camp fails

 2  to achieve compliance with department rules within 3 months

 3  and if there are no documented extenuating circumstances, the

 4  department may take must notify the Executive Office of the

 5  Governor and the Legislature of the corrective action taken.

 6  Appropriate corrective action may include, but is not limited

 7  to:

 8         (a)  Contracting out for the operation of the boot

 9  camp;

10         (b)  Initiating appropriate disciplinary action against

11  all employees whose conduct or performance is deemed to have

12  materially contributed to the program's failure to meet

13  department rules;

14         (c)  Redesigning the program; or

15         (d)  Realigning the program.

16         Section 228.  Paragraph (a) of subsection (1) of

17  section 985.31, Florida Statutes, is amended to read:

18         985.31  Serious or habitual juvenile offender.--

19         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

20  the provisions of this chapter and the establishment of

21  appropriate program guidelines and standards, contractual

22  instruments, which shall include safeguards of all

23  constitutional rights, shall be developed as follows:

24         (a)  The department shall provide for:

25         1.  The oversight of implementation of assessment and

26  treatment approaches.

27         2.  The identification and prequalification of

28  appropriate individuals or not-for-profit organizations,

29  including minority individuals or organizations when possible,

30  to provide assessment and treatment services to serious or

31  habitual delinquent children.

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 1         3.  The monitoring and evaluation of assessment and

 2  treatment services for compliance with the provisions of this

 3  chapter and all applicable rules and guidelines pursuant

 4  thereto.

 5         4.  The development of an annual report on the

 6  performance of assessment and treatment to be presented to the

 7  Governor, the Attorney General, the President of the Senate,

 8  the Speaker of the House of Representatives, and the Auditor

 9  General no later than January 1 of each year.

10         Section 229.  Paragraph (a) of subsection (1) of

11  section 985.311, Florida Statutes, is amended to read:

12         985.311  Intensive residential treatment program for

13  offenders less than 13 years of age.--

14         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

15  the provisions of this chapter and the establishment of

16  appropriate program guidelines and standards, contractual

17  instruments, which shall include safeguards of all

18  constitutional rights, shall be developed for intensive

19  residential treatment programs for offenders less than 13

20  years of age as follows:

21         (a)  The department shall provide for:

22         1.  The oversight of implementation of assessment and

23  treatment approaches.

24         2.  The identification and prequalification of

25  appropriate individuals or not-for-profit organizations,

26  including minority individuals or organizations when possible,

27  to provide assessment and treatment services to intensive

28  offenders less than 13 years of age.

29         3.  The monitoring and evaluation of assessment and

30  treatment services for compliance with the provisions of this

31  

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 1  chapter and all applicable rules and guidelines pursuant

 2  thereto.

 3         4.  The development of an annual report on the

 4  performance of assessment and treatment to be presented to the

 5  Governor, the Attorney General, the President of the Senate,

 6  the Speaker of the House of Representatives, the Auditor

 7  General, and the Office of Program Policy Analysis and

 8  Government Accountability no later than January 1 of each

 9  year.

10         Section 230.  Subsection (1) of section 985.3155,

11  Florida Statutes, is amended to read:

12         985.3155  Multiagency plan for vocational education.--

13         (1)  The Department of Juvenile Justice and the

14  Department of Education shall, in consultation with the

15  statewide Workforce Development Youth Council, school

16  districts, providers, and others, jointly develop a

17  multiagency plan for vocational education that establishes the

18  curriculum, goals, and outcome measures for vocational

19  programs in juvenile commitment facilities. The plan must

20  include:

21         (a)  Provisions for maximizing appropriate state and

22  federal funding sources, including funds under the Workforce

23  Investment Act and the Perkins Act;

24         (b)  The responsibilities of both departments and all

25  other appropriate entities; and

26         (c)  A detailed implementation schedule.

27  

28  The plan must be submitted to the Governor, the President of

29  the Senate, and the Speaker of the House of Representatives by

30  May 1, 2001.

31  

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 1         Section 231.  Section 985.403, Florida Statutes, is

 2  repealed.

 3         Section 232.  Subsection (7) of section 985.412,

 4  Florida Statutes, is repealed.

 5         Section 233.  Subsections (3) and (4) of section

 6  1001.02, Florida Statutes, are repealed.

 7         Section 234.  Subsection (14) of section 1001.03,

 8  Florida Statutes, is repealed.

 9         Section 235.  Subsection (19) of section 1002.34,

10  Florida Statutes, is repealed.

11         Section 236.  Subsection (4) of section 1003.492,

12  Florida Statutes, is repealed.

13         Section 237.  Subsection (4) of section 1003.61,

14  Florida Statutes, is repealed.

15         Section 238.  Subsections (5) through (13) of section

16  1004.22, Florida Statutes, are amended to read:

17         1004.22  Divisions of sponsored research at state

18  universities.--

19         (5)  Moneys deposited in the permanent sponsored

20  research development fund of a university shall be disbursed

21  in accordance with the terms of the contract, grant, or

22  donation under which they are received. Moneys received for

23  overhead or indirect costs and other moneys not required for

24  the payment of direct costs shall be applied to the cost of

25  operating the division of sponsored research.  Any surplus

26  moneys shall be used to support other research or sponsored

27  training programs in any area of the university.

28  Transportation and per diem expense allowances shall be the

29  same as those provided by law in s. 112.061, except that

30  personnel performing travel under a sponsored research

31  subcontract may be reimbursed for travel expenses in

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 1  accordance with the provisions of the applicable prime

 2  contract or grant and the travel allowances established by the

 3  subcontractor, subject to the requirements of subsection (6)

 4  (7), or except as provided in subsection (10) (11).

 5         (6)(a)  Each university shall submit to the State Board

 6  of Education a report of the activities of each division of

 7  sponsored research together with an estimated budget for the

 8  next fiscal year.

 9         (b)  Not less than 90 days prior to the convening of

10  each regular session of the Legislature in which an

11  appropriation shall be made, the State Board of Education

12  shall submit to the chair of the appropriations committee of

13  each house of the Legislature a compiled report, together with

14  a compiled estimated budget for the next fiscal year.  A copy

15  of such report and estimated budget shall be furnished to the

16  Governor, as the chief budget officer of the state.

17         (6)(7)  All purchases of a division of sponsored

18  research shall be made in accordance with the policies and

19  procedures of the university; however, upon certification

20  addressed to the university president that it is necessary for

21  the efficient or expeditious prosecution of a research

22  project, the president may exempt the purchase of material,

23  supplies, equipment, or services for research purposes from

24  the general purchasing requirement of the Florida Statutes.

25         (7)(8)  The university may authorize the construction,

26  alteration, or remodeling of buildings when the funds used are

27  derived entirely from the sponsored research development fund

28  of a university or from that fund in combination with other

29  nonstate sources, provided that such construction, alteration,

30  or remodeling is for use exclusively in the area of research;

31  it also may authorize the acquisition of real property when

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 1  the cost is entirely from said funds.  Title to all real

 2  property purchased prior to January 7, 2003, or with funds

 3  appropriated by the Legislature shall vest in the Board of

 4  Trustees of the Internal Improvement Trust Fund and shall only

 5  be transferred or conveyed by it.

 6         (8)(9)  The sponsored research programs of the

 7  Institute of Food and Agricultural Sciences, the University of

 8  Florida Health Science Center, and the engineering and

 9  industrial experiment station shall continue to be centered at

10  the University of Florida as heretofore provided by law.

11  Indirect cost reimbursements of all grants deposited in the

12  Division of Sponsored Research shall be distributed directly

13  to the above units in direct proportion to the amounts earned

14  by each unit.

15         (9)(10)  The operation of the divisions of sponsored

16  research and the conduct of the sponsored research program are

17  expressly exempted from the provisions of any other laws or

18  portions of laws in conflict herewith and are, subject to the

19  requirements of subsection (6) (7), exempted from the

20  provisions of chapters 215, 216, and 283.

21         (10)(11)  The divisions of sponsored research may pay,

22  by advancement or reimbursement, or a combination thereof, the

23  costs of per diem of university employees and of other

24  authorized persons, as defined in s. 112.061(2)(e), for

25  foreign travel up to the current rates as stated in the grant

26  and contract terms and may also pay incidental expenses as

27  authorized by s. 112.061(8). This subsection applies to any

28  university employee traveling in foreign countries for

29  sponsored programs of the university, if such travel expenses

30  are approved in the terms of the contract or grant.  The

31  provisions of s. 112.061, other than those relating to per

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 1  diem, apply to the travel described in this subsection.  As

 2  used in this subsection, "foreign travel" means any travel

 3  outside the United States and its territories and possessions

 4  and Canada.  Persons traveling in foreign countries pursuant

 5  to this section shall not be entitled to reimbursements or

 6  advancements pursuant to s. 112.061(6)(a)2. for such travel.

 7         (11)(12)  Each division of sponsored research is

 8  authorized to advance funds to any principal investigator who,

 9  under the contract or grant terms, will be performing a

10  portion of his or her research at a site that is remote from

11  the university.  Funds shall be advanced only to employees who

12  have executed a proper power of attorney with the university

13  to ensure the proper collection of such advanced funds if it

14  becomes necessary.  As used in this subsection, the term

15  "remote" means so far removed from the university as to render

16  normal purchasing and payroll functions ineffective.

17         (12)(13)  Each university board of trustees is

18  authorized to adopt rules, as necessary, to administer this

19  section.

20         Section 239.  Subsection (6) of section 1004.50,

21  Florida Statutes, is repealed.

22         Section 240.  Subsections (2) and (4) of section

23  1004.94, Florida Statutes, are repealed.

24         Section 241.  Subsection (4) of section 1004.95,

25  Florida Statutes, is amended to read:

26         1004.95  Adult literacy centers.--

27         (4)  The State Board of Education shall develop rules

28  for implementing this section, including criteria for

29  evaluating the performance of the centers, and shall submit an

30  evaluation report of the centers to the Legislature on or

31  before February 1 of each year.

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 1         Section 242.  Section 1006.0605, Florida Statutes, is

 2  repealed.

 3         Section 243.  Section 1006.67, Florida Statutes, is

 4  repealed.

 5         Section 244.  Subsection (11) of section 1007.27,

 6  Florida Statutes, is repealed.

 7         Section 245.  Subsection (8) of section 1009.70,

 8  Florida Statutes, is amended to read:

 9         1009.70  Florida Education Fund.--

10         (8)  There is created a legal education component of

11  the Florida Education Fund to provide the opportunity for

12  minorities to attain representation within the legal

13  profession proportionate to their representation within the

14  general population. The legal education component of the

15  Florida Education Fund includes a law school program and a

16  pre-law program.

17         (a)  The law school scholarship program of the Florida

18  Education Fund is to be administered by the Board of Directors

19  of the Florida Education Fund for the purpose of increasing by

20  200 the number of minority students enrolled in law schools in

21  this state. Implementation of this program is to be phased in

22  over a 3-year period.

23         1.  The board of directors shall provide financial,

24  academic, and other support to students selected for

25  participation in this program from funds appropriated by the

26  Legislature.

27         2.  Student selection must be made in accordance with

28  rules adopted by the board of directors for that purpose and

29  must be based, at least in part, on an assessment of potential

30  for success, merit, and financial need.

31  

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 1         3.  Support must be made available to students who

 2  enroll in private, as well as public, law schools in this

 3  state which are accredited by the American Bar Association.

 4         4.  Scholarships must be paid directly to the

 5  participating students.

 6         5.  Students who participate in this program must agree

 7  in writing to sit for The Florida Bar examination and, upon

 8  successful admission to The Florida Bar, to either practice

 9  law in the state for a period of time equal to the amount of

10  time for which the student received aid, up to 3 years, or

11  repay the amount of aid received.

12         6.  Annually, the board of directors shall compile a

13  report that includes a description of the selection process,

14  an analysis of the academic progress of all scholarship

15  recipients, and an analysis of expenditures. This report must

16  be submitted to the President of the Senate, the Speaker of

17  the House of Representatives, and the Governor.

18         (b)  The minority pre-law scholarship loan program of

19  the Florida Education Fund is to be administered by the Board

20  of Directors of the Florida Education Fund for the purpose of

21  increasing the opportunity of minority students to prepare for

22  law school.

23         1.  From funds appropriated by the Legislature, the

24  board of directors shall provide for student fees, room,

25  board, books, supplies, and academic and other support to

26  selected minority undergraduate students matriculating at

27  eligible public and independent colleges and universities in

28  Florida.

29         2.  Student selection must be made in accordance with

30  rules adopted by the board of directors for that purpose and

31  

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 1  must be based, at least in part, on an assessment of potential

 2  for success, merit, and financial need.

 3         3.  To be eligible, a student must make a written

 4  agreement to enter or be accepted to enter a law school in

 5  this state within 2 years after graduation or repay the

 6  scholarship loan amount plus interest at the prevailing rate.

 7         4.  Recipients who fail to gain admission to a law

 8  school within the specified period of time, may, upon

 9  admission to law school, be eligible to have their loans

10  canceled.

11         5.  Minority pre-law scholarship loans shall be

12  provided to 34 minority students per year for up to 4 years

13  each, for a total of 136 scholarship loans.  To continue

14  receipt of scholarship loans, recipients must maintain a 2.75

15  grade point average for the freshman year and a 3.25 grade

16  point average thereafter. Participants must also take

17  specialized courses to enhance competencies in English and

18  logic.

19         6.  The board of directors shall maintain records on

20  all scholarship loan recipients. Participating institutions

21  shall submit academic progress reports to the board of

22  directors following each academic term. Annually, the board of

23  directors shall compile a report that includes a description

24  of the selection process, an analysis of the academic progress

25  of all scholarship loan recipients, and an analysis of

26  expenditures. This report must be submitted to the President

27  of the Senate, the Speaker of the House of Representatives,

28  and the Governor.

29         Section 246.  Subsection (8) of section 1011.32,

30  Florida Statutes, is amended to read:

31  

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 1         1011.32  Community College Facility Enhancement

 2  Challenge Grant Program.--

 3         (8)  By September 1 of each year, the State Board of

 4  Education shall transmit to the Governor and Legislature a

 5  list of projects which meet all eligibility requirements to

 6  participate in the Community College Facility Enhancement

 7  Challenge Grant Program and a budget request which includes

 8  the recommended schedule necessary to complete each project.

 9         Section 247.  Subsection (5) of section 1011.4105,

10  Florida Statutes, is repealed.

11         Section 248.  Paragraph (p) of subsection (1) of

12  section 1011.62, Florida Statutes, is amended to read:

13         1011.62  Funds for operation of schools.--If the annual

14  allocation from the Florida Education Finance Program to each

15  district for operation of schools is not determined in the

16  annual appropriations act or the substantive bill implementing

17  the annual appropriations act, it shall be determined as

18  follows:

19         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

20  OPERATION.--The following procedure shall be followed in

21  determining the annual allocation to each district for

22  operation:

23         (p)  Extended-school-year program.--It is the intent of

24  the Legislature that students be provided additional

25  instruction by extending the school year to 210 days or more.

26  Districts may apply to the Commissioner of Education for funds

27  to be used in planning and implementing an

28  extended-school-year program. The Department of Education

29  shall recommend to the Legislature the policies necessary for

30  full implementation of an extended school year.

31  

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 1         Section 249.  Paragraph (l) of subsection (2) of

 2  section 1012.05, Florida Statutes, is repealed.

 3         Section 250.  Subsection (1) of section 1012.42,

 4  Florida Statutes, is amended to read:

 5         1012.42  Teacher teaching out-of-field.--

 6         (1)  ASSISTANCE.--Each district school board shall

 7  adopt and implement a plan to assist any teacher teaching

 8  out-of-field, and priority consideration in professional

 9  development activities shall be given to teachers who are

10  teaching out-of-field. The district school board shall require

11  that such teachers participate in a certification or staff

12  development program designed to provide the teacher with the

13  competencies required for the assigned duties. The

14  board-approved assistance plan must include duties of

15  administrative personnel and other instructional personnel to

16  provide students with instructional services. Each district

17  school board shall contact its regional workforce board,

18  created pursuant to s. 445.007, to identify resources that may

19  assist teachers who are teaching out-of-field and who are

20  pursuing certification.

21         Section 251.  Subsection (13) of section 1013.03,

22  Florida Statutes, is repealed.

23         Section 252.  Section 1013.11, Florida Statutes, is

24  amended to read:

25         1013.11  Postsecondary institutions assessment of

26  physical plant safety.--The president of each postsecondary

27  institution shall conduct or cause to be conducted an annual

28  assessment of physical plant safety. An annual report shall

29  incorporate the findings obtained through such assessment and

30  recommendations for the improvement of safety on each campus.

31  The annual report shall be submitted to the respective

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 1  governing or licensing board of jurisdiction no later than

 2  January 1 of each year. Each board shall compile the

 3  individual institutional reports and convey the aggregate

 4  institutional reports to the Commissioner of Education. The

 5  Commissioner of Education shall convey these reports and the

 6  reports required in s. 1008.48 to the President of the Senate

 7  and the Speaker of the House of Representatives no later than

 8  March 1 of each year.

 9         Section 253.  Paragraph (b) of subsection (11) of

10  section 259.041, Florida Statutes, is amended to read:

11         259.041  Acquisition of state-owned lands for

12  preservation, conservation, and recreation purposes.--

13         (11)

14         (b)  All project applications shall identify, within

15  their acquisition plans, those projects which require a full

16  fee simple interest to achieve the public policy goals,

17  together with the reasons full title is determined to be

18  necessary. The state agencies and the water management

19  districts may use alternatives to fee simple acquisition to

20  bring the remaining projects in their acquisition plans under

21  public protection.  For the purposes of this subsection, the

22  term "alternatives to fee simple acquisition" includes, but is

23  not limited to:  purchase of development rights; obtaining

24  conservation easements; obtaining flowage easements; purchase

25  of timber rights, mineral rights, or hunting rights; purchase

26  of agricultural interests or silvicultural interests; entering

27  into land protection agreements as defined in s. 380.0677(3)

28  s. 380.0677(4); fee simple acquisitions with reservations;

29  creating life estates; or any other acquisition technique

30  which achieves the public policy goals listed in paragraph

31  (a). It is presumed that a private landowner retains the full

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 1  range of uses for all the rights or interests in the

 2  landowner's land which are not specifically acquired by the

 3  public agency. The lands upon which hunting rights are

 4  specifically acquired pursuant to this paragraph shall be

 5  available for hunting in accordance with the management plan

 6  or hunting regulations adopted by the Florida Fish and

 7  Wildlife Conservation Commission, unless the hunting rights

 8  are purchased specifically to protect activities on adjacent

 9  lands.

10         Section 254.  Paragraph (c) of subsection (3) of

11  section 259.101, Florida Statutes, is amended to read:

12         259.101  Florida Preservation 2000 Act.--

13         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

14  costs of issuance, the costs of funding reserve accounts, and

15  other costs with respect to the bonds, the proceeds of bonds

16  issued pursuant to this act shall be deposited into the

17  Florida Preservation 2000 Trust Fund created by s. 375.045. In

18  fiscal year 2000-2001, for each Florida Preservation 2000

19  program described in paragraphs (a)-(g), that portion of each

20  program's total remaining cash balance which, as of June 30,

21  2000, is in excess of that program's total remaining

22  appropriation balances shall be redistributed by the

23  department and deposited into the Save Our Everglades Trust

24  Fund for land acquisition. For purposes of calculating the

25  total remaining cash balances for this redistribution, the

26  Florida Preservation 2000 Series 2000 bond proceeds, including

27  interest thereon, and the fiscal year 1999-2000 General

28  Appropriations Act amounts shall be deducted from the

29  remaining cash and appropriation balances, respectively. The

30  remaining proceeds shall be distributed by the Department of

31  Environmental Protection in the following manner:

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 1         (c)  Ten percent to the Department of Community Affairs

 2  to provide land acquisition grants and loans to local

 3  governments through the Florida Communities Trust pursuant to

 4  part III of chapter 380.  From funds allocated to the trust,

 5  $3 million annually shall be used by the Division of State

 6  Lands within the Department of Environmental Protection to

 7  implement the Green Swamp Land Protection Initiative

 8  specifically for the purchase of conservation easements, as

 9  defined in s. 380.0677(3) s. 380.0677(4), of lands, or

10  severable interests or rights in lands, in the Green Swamp

11  Area of Critical State Concern.  From funds allocated to the

12  trust, $3 million annually shall be used by the Monroe County

13  Comprehensive Plan Land Authority specifically for the

14  purchase of any real property interest in either those lands

15  subject to the Rate of Growth Ordinances adopted by local

16  governments in Monroe County or those lands within the

17  boundary of an approved Conservation and Recreation Lands

18  project located within the Florida Keys or Key West Areas of

19  Critical State Concern; however, title to lands acquired

20  within the boundary of an approved Conservation and Recreation

21  Lands project may, in accordance with an approved joint

22  acquisition agreement, vest in the Board of Trustees of the

23  Internal Improvement Trust Fund.  Of the remaining funds

24  allocated to the trust after the above transfers occur,

25  one-half shall be matched by local governments on a

26  dollar-for-dollar basis.  To the extent allowed by federal

27  requirements for the use of bond proceeds, the trust shall

28  expend Preservation 2000 funds to carry out the purposes of

29  part III of chapter 380.

30  

31  

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 1  Local governments may use federal grants or loans, private

 2  donations, or environmental mitigation funds, including

 3  environmental mitigation funds required pursuant to s.

 4  338.250, for any part or all of any local match required for

 5  the purposes described in this subsection.  Bond proceeds

 6  allocated pursuant to paragraph (c) may be used to purchase

 7  lands on the priority lists developed pursuant to s. 259.035.

 8  Title to lands purchased pursuant to paragraphs (a), (d), (e),

 9  (f), and (g) shall be vested in the Board of Trustees of the

10  Internal Improvement Trust Fund. Title to lands purchased

11  pursuant to paragraph (c) may be vested in the Board of

12  Trustees of the Internal Improvement Trust Fund. The board of

13  trustees shall hold title to land protection agreements and

14  conservation easements that were or will be acquired pursuant

15  to s. 380.0677, and the Southwest Florida Water Management

16  District and the St. Johns River Water Management District

17  shall monitor such agreements and easements within their

18  respective districts until the state assumes this

19  responsibility.

20         Section 255.  Paragraph (g) of subsection (1) of

21  section 370.12, Florida Statutes, is amended to read:

22         370.12  Marine animals; regulation.--

23         (1)  PROTECTION OF MARINE TURTLES.--

24         (g)  The Department of Environmental Protection may

25  condition the nature, timing, and sequence of construction of

26  permitted activities to provide protection to nesting marine

27  turtles and hatchlings and their habitat pursuant to s.

28  161.053(4) the provisions of s. 161.053(5).  When the

29  department is considering a permit for a beach restoration,

30  beach renourishment, or inlet sand transfer project and the

31  applicant has had an active marine turtle nest relocation

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 1  program or the applicant has agreed to and has the ability to

 2  administer a program, the department must not restrict the

 3  timing of the project.  Where appropriate, the department, in

 4  accordance with the applicable rules of the Fish and Wildlife

 5  Conservation Commission, shall require as a condition of the

 6  permit that the applicant relocate and monitor all turtle

 7  nests that would be affected by the beach restoration, beach

 8  renourishment, or sand transfer activities.  Such relocation

 9  and monitoring activities shall be conducted in a manner that

10  ensures successful hatching. This limitation on the

11  department's authority applies only on the Atlantic coast of

12  Florida.

13         Section 256.  Paragraph (d) of subsection (2) of

14  section 372.672, Florida Statutes, is amended to read:

15         372.672  Florida Panther Research and Management Trust

16  Fund.--

17         (2)  Money from the fund shall be spent only for the

18  following purposes:

19         (d)  To fund and administer education programs

20  authorized in s. 372.674.

21         Section 257.  Paragraph (b) of subsection (1) of

22  section 403.7264, Florida Statutes, is amended to read:

23         403.7264  Amnesty days for purging small quantities of

24  hazardous wastes.--Amnesty days are authorized by the state

25  for the purpose of purging small quantities of hazardous

26  waste, free of charge, from the possession of homeowners,

27  farmers, schools, state agencies, and small businesses.  These

28  entities have no appropriate economically feasible mechanism

29  for disposing of their hazardous wastes at the present time.

30  In order to raise public awareness on this issue, provide an

31  educational process, accommodate those entities which have a

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 1  need to dispose of small quantities of hazardous waste, and

 2  preserve the waters of the state, amnesty days shall be

 3  carried out in the following manner:

 4         (1)

 5         (b)  If a local government has established a local or

 6  regional hazardous waste collection center pursuant to s.

 7  403.7265 s. 403.7265(3) and such center is in operation, the

 8  department and the local government may enter into a contract

 9  whereby the local government shall administer and supervise

10  amnesty days. If a contract is entered into, the department

11  shall provide to the local government, from funds appropriated

12  to the department for amnesty days, an amount of money as

13  determined by the department that is equal to the amount of

14  money that would have been spent by the department to

15  administer and supervise amnesty days in the local

16  government's area. A local government that wishes to

17  administer and supervise amnesty days shall notify the

18  department at least 30 days prior to the beginning of the

19  state fiscal year during which the amnesty days are scheduled

20  to be held in the local government's area.

21         Section 258.  Subsections (1) and (2) of section

22  409.91196, Florida Statutes, are amended to read:

23         409.91196  Supplemental rebate agreements;

24  confidentiality of records and meetings.--

25         (1)  Trade secrets, rebate amount, percent of rebate,

26  manufacturer's pricing, and supplemental rebates which are

27  contained in records of the Agency for Health Care

28  Administration and its agents with respect to supplemental

29  rebate negotiations and which are prepared pursuant to a

30  supplemental rebate agreement under s. 409.912(38)(a)7. s.

31  

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 1  409.912(40)(a)7. are confidential and exempt from s. 119.07

 2  and s. 24(a), Art. I of the State Constitution.

 3         (2)  Those portions of meetings of the Medicaid

 4  Pharmaceutical and Therapeutics Committee at which trade

 5  secrets, rebate amount, percent of rebate, manufacturer's

 6  pricing, and supplemental rebates are disclosed for discussion

 7  or negotiation of a supplemental rebate agreement under s.

 8  409.912(38)(a)7. s. 409.912(40)(a)7. are exempt from s.

 9  286.011 and s. 24(b), Art. I of the State Constitution.

10         Section 259.  Paragraph (d) of subsection (5) of

11  section 411.01, Florida Statutes, as amended by section 2 of

12  chapter 2004-484, Laws of Florida, is amended to read:

13         411.01  School readiness programs; early learning

14  coalitions.--

15         (5)  CREATION OF EARLY LEARNING COALITIONS.--

16         (d)  Implementation.--

17         1.  An early learning coalition may not implement the

18  school readiness program until the coalition is authorized

19  through approval of the coalition's school readiness plan by

20  the Agency for Workforce Innovation.

21         2.  Each early learning coalition shall develop a plan

22  for implementing the school readiness program to meet the

23  requirements of this section and the performance standards and

24  outcome measures adopted by the Agency for Workforce

25  Innovation. The plan must demonstrate how the program will

26  ensure that each 3-year-old and 4-year-old child in a publicly

27  funded school readiness program receives scheduled activities

28  and instruction designed to enhance the age-appropriate

29  progress of the children in attaining the performance

30  standards adopted by the Agency for Workforce Innovation under

31  subparagraph (4)(d)8. Before implementing the school readiness

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 1  program, the early learning coalition must submit the plan to

 2  the Agency for Workforce Innovation for approval. The Agency

 3  for Workforce Innovation may approve the plan, reject the

 4  plan, or approve the plan with conditions. The Agency for

 5  Workforce Innovation shall review school readiness plans at

 6  least annually.

 7         3.  If the Agency for Workforce Innovation determines

 8  during the annual review of school readiness plans, or through

 9  monitoring and performance evaluations conducted under

10  paragraph (4)(l), that an early learning coalition has not

11  substantially implemented its plan, has not substantially met

12  the performance standards and outcome measures adopted by the

13  agency, or has not effectively administered the school

14  readiness program or Voluntary Prekindergarten Education

15  Program, the Agency for Workforce Innovation may dissolve the

16  coalition and temporarily contract with a qualified entity to

17  continue school readiness and prekindergarten services in the

18  coalition's county or multicounty region until the coalition

19  is reestablished through resubmission of a school readiness

20  plan and approval by the agency.

21         4.  The Agency for Workforce Innovation shall adopt

22  criteria for the approval of school readiness plans. The

23  criteria must be consistent with the performance standards and

24  outcome measures adopted by the agency and must require each

25  approved plan to include the following minimum standards and

26  provisions:

27         a.  A sliding fee scale establishing a copayment for

28  parents based upon their ability to pay, which is the same for

29  all program providers, to be implemented and reflected in each

30  program's budget.

31  

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 1         b.  A choice of settings and locations in licensed,

 2  registered, religious-exempt, or school-based programs to be

 3  provided to parents.

 4         c.  Instructional staff who have completed the training

 5  course as required in s. 402.305(2)(d)1., as well as staff who

 6  have additional training or credentials as required by the

 7  Agency for Workforce Innovation. The plan must provide a

 8  method for assuring the qualifications of all personnel in all

 9  program settings.

10         d.  Specific eligibility priorities for children within

11  the early learning coalition's county or multicounty region in

12  accordance with subsection (6).

13         e.  Performance standards and outcome measures adopted

14  by the Agency for Workforce Innovation.

15         f.  Payment rates adopted by the early learning

16  coalition and approved by the Agency for Workforce Innovation.

17  Payment rates may not have the effect of limiting parental

18  choice or creating standards or levels of services that have

19  not been authorized by the Legislature.

20         g.  Systems support services, including a central

21  agency, child care resource and referral, eligibility

22  determinations, training of providers, and parent support and

23  involvement.

24         h.  Direct enhancement services to families and

25  children. System support and direct enhancement services shall

26  be in addition to payments for the placement of children in

27  school readiness programs.

28         i.  The business organization of the early learning

29  coalition, which must include the coalition's articles of

30  incorporation and bylaws if the coalition is organized as a

31  corporation. If the coalition is not organized as a

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 1  corporation or other business entity, the plan must include

 2  the contract with a fiscal agent. An early learning coalition

 3  may contract with other coalitions to achieve efficiency in

 4  multicounty services, and these contracts may be part of the

 5  coalition's school readiness plan.

 6         j.  Strategies to meet the needs of unique populations,

 7  such as migrant workers.

 8  

 9  As part of the school readiness plan, the early learning

10  coalition may request the Governor to apply for a waiver to

11  allow the coalition to administer the Head Start Program to

12  accomplish the purposes of the school readiness program. If a

13  school readiness plan demonstrates that specific statutory

14  goals can be achieved more effectively by using procedures

15  that require modification of existing rules, policies, or

16  procedures, a request for a waiver to the Agency for Workforce

17  Innovation may be submitted as part of the plan. Upon review,

18  the Agency for Workforce Innovation may grant the proposed

19  modification.

20         5.  Persons with an early childhood teaching

21  certificate may provide support and supervision to other staff

22  in the school readiness program.

23         6.  An early learning coalition may not implement its

24  school readiness plan until it submits the plan to and

25  receives approval from the Agency for Workforce Innovation.

26  Once the plan is approved, the plan and the services provided

27  under the plan shall be controlled by the early learning

28  coalition. The plan shall be reviewed and revised as

29  necessary, but at least biennially. An early learning

30  coalition may not implement the revisions until the coalition

31  submits the revised plan to and receives approval from the

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 1  Agency for Workforce Innovation. If the Agency for Workforce

 2  Innovation rejects a revised plan, the coalition must continue

 3  to operate under its prior approved plan.

 4         7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do

 5  not apply to an early learning coalition with an approved

 6  school readiness plan. To facilitate innovative practices and

 7  to allow the regional establishment of school readiness

 8  programs, an early learning coalition may apply to the

 9  Governor and Cabinet for a waiver of, and the Governor and

10  Cabinet may waive, any of the provisions of ss. 411.223,

11  411.232, and 1003.54, if the waiver is necessary for

12  implementation of the coalition's school readiness plan.

13         8.  Two or more counties may join for purposes of

14  planning and implementing a school readiness program.

15         9.  An early learning coalition may, subject to

16  approval by the Agency for Workforce Innovation as part of the

17  coalition's school readiness plan, receive subsidized child

18  care funds for all children eligible for any federal

19  subsidized child care program.

20         10.  An early learning coalition may enter into

21  multiparty contracts with multicounty service providers in

22  order to meet the needs of unique populations such as migrant

23  workers.

24         Section 260.  Paragraph (a) of subsection (3) of

25  section 411.232, Florida Statutes, is amended to read:

26         411.232  Children's Early Investment Program.--

27         (3)  ESSENTIAL ELEMENTS.--

28         (a)  Initially, the program shall be directed to

29  geographic areas where at-risk young children and their

30  families are in greatest need because of an unfavorable

31  combination of economic, social, environmental, and health

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 1  factors, including, without limitation, extensive poverty,

 2  high crime rate, great incidence of low birthweight babies,

 3  high incidence of alcohol and drug abuse, and high rates of

 4  teenage pregnancy. The selection of a geographic site shall

 5  also consider the incidence of young children within these

 6  at-risk geographic areas who are cocaine babies, children of

 7  single mothers who receive temporary cash assistance, children

 8  of teenage parents, low birthweight babies, and very young

 9  foster children.  To receive funding under this section, an

10  agency, board, council, or provider must demonstrate:

11         1.  Its capacity to administer and coordinate the

12  programs and services in a comprehensive manner and provide a

13  flexible range of services;

14         2.  Its capacity to identify and serve those children

15  least able to access existing programs and case management

16  services;

17         3.  Its capacity to administer and coordinate the

18  programs and services in an intensive and continuous manner;

19         4.  The proximity of its facilities to young children,

20  parents, and other family members to be served by the program,

21  or its ability to provide offsite services;

22         5.  Its ability to use existing federal, state, and

23  local governmental programs and services in implementing the

24  investment program;

25         6.  Its ability to coordinate activities and services

26  with existing public and private, state and local agencies and

27  programs such as those responsible for health, education,

28  social support, mental health, child care, respite care,

29  housing, transportation, alcohol and drug abuse treatment and

30  prevention, income assistance, employment training and

31  

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 1  placement, nutrition, and other relevant services, all the

 2  foregoing intended to assist children and families at risk;

 3         7.  How its plan will involve project participants and

 4  community representatives in the planning and operation of the

 5  investment program; and

 6         8.  Its ability to participate in the evaluation

 7  component required in this section.; and

 8         9.  Its consistency with the strategic plan pursuant to

 9  s. 411.221.

10         Section 261.  Subsection (4) of section 641.386,

11  Florida Statutes, is amended to read:

12         641.386  Agent licensing and appointment required;

13  exceptions.--

14         (4)  All agents and health maintenance organizations

15  shall comply with and be subject to the applicable provisions

16  of ss. 641.309 and 409.912(20) 409.912(21), and all companies

17  and entities appointing agents shall comply with s. 626.451,

18  when marketing for any health maintenance organization

19  licensed pursuant to this part, including those organizations

20  under contract with the Agency for Health Care Administration

21  to provide health care services to Medicaid recipients or any

22  private entity providing health care services to Medicaid

23  recipients pursuant to a prepaid health plan contract with the

24  Agency for Health Care Administration.

25         Section 262.  Paragraph (a) of subsection (4) of

26  section 1008.30, Florida Statutes, is amended to read:

27         1008.30  Common placement testing for public

28  postsecondary education.--

29         (4)(a)  Public postsecondary educational institution

30  students who have been identified as requiring additional

31  preparation pursuant to subsection (1) shall enroll in

                                 233

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1  college-preparatory or other adult education pursuant to s.

 2  1004.93 in community colleges to develop needed college-entry

 3  skills. These students shall be permitted to take courses

 4  within their degree program concurrently in other curriculum

 5  areas for which they are qualified while enrolled in

 6  college-preparatory instruction courses.  A student enrolled

 7  in a college-preparatory course may concurrently enroll only

 8  in college credit courses that do not require the skills

 9  addressed in the college-preparatory course.  The State Board

10  of Education shall specify the college credit courses that are

11  acceptable for students enrolled in each college-preparatory

12  skill area, pursuant to s. 1001.02(5)(g) s. 1001.02(7)(g). A

13  student who wishes to earn an associate in arts or a

14  baccalaureate degree, but who is required to complete a

15  college-preparatory course, must successfully complete the

16  required college-preparatory studies by the time the student

17  has accumulated 12 hours of lower-division college credit

18  degree coursework; however, a student may continue enrollment

19  in degree-earning coursework provided the student maintains

20  enrollment in college-preparatory coursework for each

21  subsequent semester until college-preparatory coursework

22  requirements are completed, and the student demonstrates

23  satisfactory performance in degree-earning coursework.  A

24  passing score on a standardized, institutionally developed

25  test must be achieved before a student is considered to have

26  met basic computation and communication skills requirements;

27  however, no student shall be required to retake any test or

28  subtest that was previously passed by said student. Credit

29  awarded for college-preparatory instruction may not be counted

30  toward fulfilling the number of credits required for a degree.

31  

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    Florida Senate - 2005                                  SB 2546
    26-1315-05




 1         Section 263.  Subsection (1) of section 1011.82,

 2  Florida Statutes, is amended to read:

 3         1011.82  Requirements for participation in Community

 4  College Program Fund.--Each community college district which

 5  participates in the state appropriations for the Community

 6  College Program Fund shall provide evidence of its effort to

 7  maintain an adequate community college program which shall:

 8         (1)  Meet the minimum standards prescribed by the State

 9  Board of Education in accordance with s. 1001.02(7) s.

10  1001.02(9).

11         Section 264.  This act shall take effect upon becoming

12  a law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Extensively revises statutes relating to agency plans and
      agency reports. (See bill for details.)
17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 235

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