September 26, 2020
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Senate Bill 2546

Senate Bill sb2546c1

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

    By the Committee on Governmental Oversight and Productivity;
    and Senator Haridopolos




    585-2295-05

  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  2         An act relating to obsolete or outdated agency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; repealing s. 20.316(4)(e), (f), and

25         (g), F.S.; deleting provisions relating to

26         information systems of the Department of

27         Juvenile Justice; amending s. 20.43, F.S.;

28         revising provisions relating to planning by the

29         Department of Health; amending s. 39.001, F.S.;

30         revising provisions relating to planning by the

31         Department of Children and Family Services;

                                  1

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         repealing s. 39.4086, F.S.; deleting provisions

 2         relating to research and a report by the State

 3         Courts Administrator on a guardian ad litem

 4         pilot program for dependent children; amending

 5         s. 98.255, F.S.; deleting provisions relating

 6         to a report on the effectiveness of voter

 7         education programs; repealing s. 106.22(10),

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

 9         by the Division of Elections; amending s.

10         110.1227, F.S.; revising provisions relating to

11         a report by the board of directors of the

12         Florida Long-Term Care Plan; amending s.

13         120.60, F.S.; deleting a provision relating to

14         filing of notice and certification of an

15         agency's intent to grant or deny a license;

16         amending s. 120.695, F.S.; deleting obsolete

17         provisions relating to agency review of rules;

18         amending s. 120.74, F.S.; deleting provisions

19         relating to an agency report of review and

20         revision of rules; amending s. 121.45, F.S.;

21         deleting provisions relating to reports on

22         interstate compacts relating to pension

23         portability; repealing s. 153.952, F.S.,

24         relating to legislative findings and intent on

25         privately owned wastewater systems and

26         facilities; amending s. 161.053, F.S.; deleting

27         a provision relating to a report on the coastal

28         construction control line; amending s. 161.161,

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

30         on funding for beach erosion control; repealing

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

                                  2

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         evaluation of urban infill; amending s.

 2         163.3167, F.S.; deleting provisions relating to

 3         local government comprehensive plans; amending

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

 5         comprehensive plans; amending s. 163.3178,

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

 7         Interagency Management Committee to submit

 8         certain recommendations; repealing s.

 9         163.519(12), F.S.; deleting a requirement of a

10         report on neighborhood improvement districts by

11         the Department of Legal Affairs; repealing s.

12         186.007(9), F.S.; deleting provisions relating

13         to a committee to recommend to the Governor

14         changes in the state comprehensive plan;

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

16         to the Criminal and Juvenile Justice

17         Information Systems Council; amending ss.

18         189.4035, 189.412, F.S.; revising requirements

19         relating to dissemination of the official list

20         of special districts; amending s. 206.606,

21         F.S.; revising provisions relating to a report

22         on the Florida Boating Improvement Program;

23         amending s. 212.054, F.S.; deleting the

24         requirement of a report on costs of

25         administering the discretionary sales surtax;

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

27         requirement for a report on the sales tax

28         exemption for machinery and equipment used in

29         semiconductor, defense, or space technology

30         production and research and development;

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

                                  3

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         report on the structure of the Department of

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

 3         to monitoring and reporting on persons claiming

 4         tax exemptions; amending s. 216.011, F.S.;

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

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

 7         requirements with respect to long-range program

 8         plans; repealing s. 216.1825, F.S., relating to

 9         zero-based budgeting; amending s. 252.55, F.S.;

10         revising certain reporting requirements

11         relating to the Civil Air Patrol; amending s.

12         253.7825, F.S.; deleting provisions relating to

13         the plan for the Cross Florida Greenways State

14         Recreation and Conservation Area; repealing s.

15         253.7826, F.S., relating to Cross Florida Barge

16         Canal structures; amending s. 259.037, F.S.;

17         revising provisions relating to a report of the

18         Land Management Uniform Accounting Council;

19         repealing s. 265.56, F.S., relating to an

20         annual report by the Department of State;

21         repealing s. 267.074(4), F.S.; deleting

22         provisions relating to a plan for the State

23         Historical Marker Program; repealing s.

24         282.102(28), F.S.; deleting a requirement for a

25         report by the State Technology Office;

26         repealing s. 284.50(3), F.S.; deleting a

27         requirement for a report by the Interagency

28         Advisory Council on Loss Prevention and

29         department heads; amending s. 287.059, F.S.;

30         deleting a requirement for reporting proposed

31         fee schedules for private attorney services for

                                  4

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         the Attorney General's office; repealing s.

 2         288.108(7), F.S.; deleting a requirement for a

 3         report by the Office of Tourism, Trade, and

 4         Economic Development on high-impact businesses;

 5         repealing s. 288.1185, F.S., relating to the

 6         Recycling Markets Advisory Committee; amending

 7         s. 288.1229, F.S.; revising duties of the

 8         direct-support organization to support

 9         sports-related industries and amateur

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

11         deleting a requirement for a report by the

12         rules ombudsman in the Executive Office of the

13         Governor; repealing s. 288.8175(8), (10), and

14         (11), F.S.; deleting certain responsibilities

15         of the Department of Education with respect to

16         linkage institutes between postsecondary

17         institutions in this state and foreign

18         countries; repealing s. 288.853(5), F.S.;

19         deleting the requirement of a report on

20         assistance to and commerce with Cuba; amending

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

22         report by Enterprise Florida, Inc., on the

23         Florida Small Business Technology Growth

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

25         requirement of a report by the Florida

26         Development Finance Corporation; amending s.

27         288.9610, F.S.; revising provisions relating to

28         annual reporting by the corporation; amending

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

30         to a survey by the Florida Commission on

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

                                  5

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         revising requirements relating to a report by

 2         the Department of Veterans' Affairs; repealing

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

 4         by the executive director of the Department of

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

 6         F.S.; deleting provisions relating to

 7         legislative review of a loan program of the

 8         Florida Seaport Transportation and Economic

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

10         deleting provisions relating to funding a

11         report on odometer fraud prevention and

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

13         provisions relating to a study by the

14         Department of Highway Safety and Motor Vehicles

15         on driving by the elderly; repealing s.

16         322.251(7)(c), F.S.; deleting provisions

17         relating to a plan to indemnify persons wanted

18         for passing worthless bank checks; repealing s.

19         365.172(6)(d), F.S.; deleting provisions

20         relating to a study by the board of directors

21         of the Wireless 911 Board; repealing s.

22         366.82(4), F.S.; deleting a provision relating

23         to reports by utilities to the Public Service

24         Commission; repealing s. 370.26(8), F.S.;

25         deleting a duty of the Fish and Wildlife

26         Conservation Commission relating to an

27         aquaculture plan; amending s. 372.5712, F.S.;

28         revising provisions relating to a report by the

29         commission on waterfowl permit revenues;

30         amending s. 372.5715, F.S.; revising provisions

31         relating to a report by the commission on wild

                                  6

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         turkey permit revenues; repealing s. 372.673,

 2         F.S., relating to the Florida Panther Technical

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

 4         relating to environmental education; amending

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

 6         to provision of certain information by water

 7         management districts; amending s. 373.046,

 8         F.S.; deleting an obsolete provision requiring

 9         a report by the secretary of the Department of

10         Environmental Protection; amending s. 373.1963,

11         F.S.; deleting an obsolete provision relating

12         to an agreement between the West Coast Regional

13         Water Supply Authority and the Southwest

14         Florida Water Management District; repealing s.

15         376.121(14), F.S.; deleting a provision

16         relating to a report by the Department of

17         Environmental Protection on damage to natural

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

19         to reports of the department to the

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

21         deleting provisions relating to a report on

22         preapproved advanced cleanup; amending s.

23         377.703, F.S.; deleting a requirement for a

24         report from the Public Service Commission on

25         electricity, natural gas, and energy

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

27         deleting provisions on transmission of

28         revisions relating to statewide guidelines and

29         standards for developments of regional impact;

30         repealing s. 381.0011(3), F.S.; deleting

31         provisions relating to an inclusion in the

                                  7

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    Florida Senate - 2005                           CS for SB 2546
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 1         Department of Health's strategic plan;

 2         repealing s. 381.0066, F.S., relating to

 3         planning for implementation of educational

 4         requirements concerning HIV and AIDS; repealing

 5         s. 381.731, F.S., relating to strategic

 6         planning of the Department of Health; amending

 7         s. 381.795, F.S.; deleting provisions relating

 8         to studies by the Department of Health on

 9         long-term, community-based supports; repealing

10         s. 381.90(7)(a), F.S.; deleting provisions

11         relating to the Health Information Systems

12         Council's duty to develop a strategic plan;

13         repealing s. 394.4573(4), F.S.; deleting the

14         requirement for a report by the Department of

15         Children and Family Services on state mental

16         health facility staffing; amending s. 394.4985,

17         F.S.; deleting provisions relating to plans by

18         department districts; amending s. 394.75, F.S.;

19         revising provisions relating to reports by the

20         department on substance abuse and mental health

21         plans; repealing s. 394.82, F.S., relating to

22         funding of expanded community mental health

23         services; amending s. 394.9082, F.S.; deleting

24         obsolete provisions relating to an amendment to

25         the master state plan on behavioral health

26         services and to provision of status reports;

27         repealing s. 394.9083, F.S., relating to the

28         Behavioral Health Services Integration

29         Workgroup; repealing s. 397.321(1) and (20),

30         F.S.; deleting a requirement that the

31         Department of Children and Family Services

                                  8

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         develop a plan for substance abuse services;

 2         amending s. 397.333, F.S.; deleting the

 3         requirement for a report by the Statewide Drug

 4         Policy Advisory Council; repealing s.

 5         397.94(1), F.S.; deleting provisions relating

 6         to children's substance abuse services plans by

 7         service districts of the Department of Children

 8         and Family Services; amending s. 400.0067,

 9         F.S.; revising requirements relating to a

10         report by the State Long-Term Care Ombudsman

11         Council; repealing s. 400.0075(3), F.S.;

12         deleting a provision relating to such report;

13         amending s. 400.0089, F.S.; revising

14         requirements relating to a report by the

15         Department of Elderly Affairs and transferring

16         responsibility for the report to the council;

17         repealing s. 400.148(2), F.S.; deleting a

18         provision relating to a pilot program of the

19         Agency for Health Care Administration on a

20         quality-of-care contract management program;

21         amending s. 400.407, F.S.; deleting provisions

22         relating to a report by the Department of

23         Elderly Affairs on extended congregate care

24         facilities; amending s. 400.419, F.S.;

25         requiring a specified report to be distributed

26         to the Agency for Persons with Disabilities;

27         amending s. 400.967, F.S.; deleting provisions

28         relating to a report by the Agency for Health

29         Care Administration on intermediate care

30         facilities for developmentally disabled

31         persons; revising agencies that may review the

                                  9

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    Florida Senate - 2005                           CS for SB 2546
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 1         agency's plan; amending s. 402.73, F.S.;

 2         deleting provisions relating to a report by the

 3         Department of Children and Family Services on

 4         competitive procurement of client services;

 5         amending s. 403.4131, F.S.; deleting provisions

 6         relating to a report on the adopt-a-highway

 7         program; repealing s. 403.756, F.S., relating

 8         to a report on oil recycling; amending s.

 9         403.7895, F.S.; deleting provisions relating to

10         a hazardous waste needs and capacity study;

11         repealing s. 406.02(4)(a), F.S.; deleting a

12         requirement for a report by the Medical

13         Examiners Commission; amending s. 408.033,

14         F.S.; revising provisions relating to reports

15         by local health councils; repealing s.

16         408.914(4), F.S.; deleting provisions requiring

17         the Agency for Health Care Administration to

18         submit a plan on comprehensive health and human

19         services eligibility access to the Governor;

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

21         provisions requiring periodic reports on the

22         pilot program for such access; repealing s.

23         408.917, F.S., relating to evaluation of the

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

25         revising requirements relating to reports on

26         independent living transition services;

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

28         children and families client and management

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

30         relating to service integration and family

31         preservation; repealing s. 409.1679(1), F.S.;

                                  10

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    Florida Senate - 2005                           CS for SB 2546
    585-2295-05




 1         deleting provisions relating to reports

 2         concerning residential group care services;

 3         repealing s. 409.221(4)(k), F.S.; deleting

 4         provisions relating to reports on

 5         consumer-directed care; amending s. 409.25575,

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

 7         by the Department of Revenue regarding a

 8         quality assurance program for privatization of

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

10         provisions relating to the Department of

11         Revenue's solicitation of recommendations

12         related to a rule on undistributable

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

14         deleting provisions relating to a report by the

15         Department of Revenue on collection of

16         assistance from noncustodial parents; amending

17         s. 409.906, F.S.; deleting a requirement for

18         reports of child-welfare-targeted case

19         management projects; amending s. 409.9065,

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

21         by the Agency for Health Care Administration on

22         the pharmaceutical expense assistance program;

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

24         requirement that the Agency for Health Care

25         Administration monitor and report on a waiver

26         program for specialty prepaid health plans;

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

28         relating to duties of the agency with respect

29         to cost-effective purchasing of health care;

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

31         study of service needs of the disabled adult

                                  11

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    Florida Senate - 2005                           CS for SB 2546
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 1         population; repealing s. 410.604(10), F.S.;

 2         deleting a requirement for the Department of

 3         Children and Family Services to evaluate the

 4         community care for disabled adults program;

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

 6         prevention and early assistance; repealing s.

 7         411.242, F.S., relating to the Florida

 8         Education Now and Babies Later program;

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

10         provision relating to a plan by the Association

11         of Centers for Independent Living on a personal

12         care attendant program; repealing s.

13         414.1251(3), F.S.; deleting a provision

14         relating to an electronic data transfer system

15         for the learnfare program; amending s. 414.14,

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

17         by the secretary of the Department of Children

18         and Family Services on public assistance policy

19         simplification; repealing s. 414.36(1), F.S.;

20         deleting a provision relating to a plan for

21         privatization of recovery of public assistance

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

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

24         for automated fingerprint imaging; amending s.

25         415.1045, F.S.; deleting a requirement for a

26         study by the Office of Program Policy Analysis

27         and Government Accountability on documentation

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

29         415.111, F.S.; deleting the requirement for a

30         report by the Department of Children and Family

31         Services on exploitation, abuse, or neglect;

                                  12

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    Florida Senate - 2005                           CS for SB 2546
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 1         amending s. 420.622, F.S.; revising

 2         requirements relating to a report by the State

 3         Council on Homelessness; repealing s.

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

 5         report by the Department of Community Affairs

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

 7         revising requirements relating to a report by

 8         the Public Service Commission on a

 9         telecommunications access system; amending s.

10         427.706, F.S.; revising requirements relating

11         to a report by the advisory committee on

12         telecommunications access; amending s. 430.04,

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

14         Elderly Affairs with respect to certain reports

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

16         revising requirements with respect to reports

17         by the Alzheimer's Disease Advisory Committee;

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

19         relating to a report by the Department of

20         Elderly Affairs on contracts with managed care

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

22         revising requirements relating to a report by

23         Workforce Florida, Inc., on the Incumbent

24         Worker Training Program; amending s. 445.004,

25         F.S.; deleting provisions relating to

26         appointment of members to Workforce Florida,

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

28         provisions relating to a strategic plan for

29         workforce development; repealing s. 446.27,

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

31         Department of Labor and Employment Security;

                                  13

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    Florida Senate - 2005                           CS for SB 2546
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 1         amending s. 446.50, F.S.; deleting provisions

 2         relating to a state plan for displaced

 3         homemakers; repealing s. 455.204, F.S.,

 4         relating to long-range policy planning in the

 5         Department of Business and Professional

 6         Regulation; repealing s. 455.2226(8), F.S.;

 7         deleting a requirement for a report by the

 8         Board of Funeral Directors and Embalmers;

 9         repealing s. 455.2228(6), F.S.; deleting a

10         requirement for reports by the Barbers' Board

11         and the Board of Cosmetology; amending s.

12         456.025, F.S.; revising requirements relating

13         to a report to professional boards by the

14         Department of Health; repealing s. 456.031(5),

15         F.S.; deleting provisions relating to reports

16         by professional boards about instruction on

17         domestic violence; repealing s. 456.033(8),

18         F.S.; deleting provisions relating to reports

19         by professional boards about HIV and AIDS;

20         repealing s. 456.034(6), F.S.; deleting

21         provisions relating to reports by professional

22         boards about HIV and AIDS; amending s. 517.302,

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

24         the Office of Financial Regulation on deposits

25         into the Anti-Fraud Trust Fund; repealing s.

26         526.3135, F.S., relating to reports by the

27         Division of Standards; repealing s. 531.415(3),

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

29         the Department of Agriculture and Consumer

30         Services on fees; repealing s. 553.975, F.S.,

31         relating to a report to the Governor and

                                  14

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    Florida Senate - 2005                           CS for SB 2546
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 1         Legislature by the Public Service Commission;

 2         repealing s. 570.0705(3), F.S.; deleting the

 3         requirement of a report by the Commissioner of

 4         Agriculture about advisory committees;

 5         repealing s. 570.0725(5), F.S.; deleting

 6         provisions relating to a report by the

 7         Department of Agriculture and Consumer Services

 8         about supporting food recovery programs;

 9         repealing s. 570.235(3), F.S.; deleting a

10         requirement for a report by the pest Exclusion

11         Advisory Committee; repealing s. 570.543(3),

12         F.S.; deleting provisions relating to

13         legislative recommendations of the Florida

14         Consumers' Council; repealing s. 570.952(5),

15         F.S.; deleting provisions relating to a

16         recommendation of the Commissioner of

17         Agriculture concerning the Florida Agriculture

18         Center and Horse Park Authority; amending s.

19         603.204, F.S.; revising requirements relating

20         to the South Florida Tropical Fruit Plan;

21         amending s. 644.7021, F.S.; revising provisions

22         relating to reports by the executive director

23         of the Statewide Public Guardianship Office;

24         amending s. 744.708, F.S.; revising provisions

25         relating to audits of public guardian offices

26         and to reports concerning those offices;

27         repealing s. 765.5215(3), F.S.; deleting a

28         requirement for a report by the Agency for

29         Health Care Administration about organ

30         donation; amending s. 768.295, F.S.; revising

31         duties of the Attorney General relating to

                                  15

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    Florida Senate - 2005                           CS for SB 2546
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 1         reports about "SLAPP" lawsuits; amending s.

 2         775.084, F.S.; deleting provisions relating to

 3         sentencing of violent career criminals and to

 4         reports of judicial actions with respect

 5         thereto; amending s. 790.22, F.S.; deleting

 6         provisions relating to reports by the

 7         Department of Juvenile Justice about certain

 8         juvenile offenses that involve weapons;

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

10         provisions relating to planning by the Criminal

11         and Juvenile Justice Information Systems

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

13         deleting provisions relating to reports by the

14         Florida Sheriffs Association and the Florida

15         Police Chiefs Association about law enforcement

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

17         revising requirements relating to reports by

18         the Department of Law Enforcement about

19         transportation and protective services;

20         amending s. 944.801, F.S.; deleting a

21         requirement to deliver to specified officials

22         copies of certain reports about education of

23         state prisoners; repealing s. 945.35(10), F.S.;

24         deleting a requirement for a report by the

25         Department of Corrections concerning HIV and

26         AIDS education; repealing s. 948.10(8)(d),

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

28         the Department of Corrections about placement

29         of ineligible offenders on community control;

30         repealing s. 948.045(9), F.S.; deleting

31         provisions relating to a report by the

                                  16

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 1         department about youthful offenders; amending

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

 3         relating to reports by the Department of Legal

 4         Affairs with respect to victims of crimes;

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

 6         requirement of a study by the Office of Program

 7         Policy Analysis and Government Accountability

 8         on programs for young females within the

 9         Department of Juvenile Justice; amending s.

10         985.08, F.S.; deleting provisions relating to a

11         plan by a multiagency task force on information

12         systems related to delinquency; amending s.

13         985.3045, F.S.; deleting provisions relating to

14         a report by the prevention services program;

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

16         agencies and entities providing prevention

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

18         deleting provisions relating to a report by the

19         Department of Juvenile Justice on early

20         delinquency intervention; amending s. 985.309,

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

22         concerning a boot camp for children; amending

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

24         to a report on serious or habitual juvenile

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

26         provisions relating to a report on intensive

27         residential treatment for offenders under 13

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

29         deleting provisions relating to submission of

30         the multiagency plan for vocational education;

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

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 1         Task Force on Juvenile Sexual Offenders and

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

 3         deleting provisions relating to a report by the

 4         Department of Juvenile Justice on quality

 5         assurance in contractual procurements;

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

 7         provisions relating to a study about

 8         industry-certified career education programs;

 9         repealing s. 1006.0605, F.S., relating to

10         students' summer nutrition; amending s.

11         1011.32, F.S.; requiring the Governor to be

12         given a copy of a report related to the

13         Community College Facility Enhancement

14         Challenge Grant Program; repealing s.

15         1011.4105(5), F.S.; deleting provisions

16         relating to a plan concerning transition to the

17         university accounting system; repealing s.

18         1013.03(13), F.S.; deleting an obsolete

19         provision relating to the Department of

20         Education's duty to review school construction

21         requirements; amending ss. 370.12, 372.672,

22         409.91196, 411.01, 411.232, 641.386, F.S.,

23         conforming cross-references to changes made by

24         the act; amending ss. 20.165, 455.01, 455.017,

25         and 455.217, F.S.; revising and deleting

26         provisions relating to specified obsolete and

27         outdated plans and programs; providing an

28         effective date.

29  

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

31  

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 1         Section 1.  Section 14.25, Florida Statutes, is

 2  repealed.

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

 4  Statutes, is amended to read:

 5         14.26  Citizen's Assistance Office.--

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

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

 8         (a)  The number of complaints and investigations and

 9  complaints made during the preceding quarter and the

10  disposition of such investigations.

11         (b)  Recommendations in the form of suggested

12  legislation or suggested procedures for the alleviation of

13  problems disclosed by investigations.

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

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

16  the complaints.

17         (c)  Recommendations for the alleviation of the cause

18  of complaints disclosed by investigations.

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

20  the Governor shall require.

21         Section 3.  Section 14.27, Florida Statutes, is

22  repealed.

23         Section 4.  Section 16.58, Florida Statutes, is

24  repealed.

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

26  Statutes, is amended to read:

27         17.32  Annual report of trust funds; duties of Chief

28  Financial Officer.--

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

30  Officer shall present to the Governor and the Legislature

31  President of the Senate and the Speaker of the House of

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 1  Representatives a report listing all trust funds as defined in

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

 3  elements for each fund for the preceding fiscal year:

 4         (a)  The fund code.

 5         (b)  The title.

 6         (c)  The fund type according to generally accepted

 7  accounting principles.

 8         (d)  The statutory authority.

 9         (e)  The beginning cash balance.

10         (f)  Direct revenues.

11         (g)  Nonoperating revenues.

12         (h)  Operating disbursements.

13         (i)  Nonoperating disbursements.

14         (j)  The ending cash balance.

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

16  is located.

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

18  Statutes, is amended to read:

19         17.325  Governmental efficiency hotline; duties of

20  Chief Financial Officer.--

21         (1)  The Chief Financial Officer shall establish and

22  operate a statewide toll-free telephone hotline to receive

23  information or suggestions from the citizens of this state on

24  how to improve the operation of government, increase

25  governmental efficiency, and eliminate waste in government.

26  The Chief Financial Officer shall report each month to the

27  appropriations committee of the House of Representatives and

28  of the Senate the information or suggestions received through

29  the hotline and the evaluations and determinations made by the

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

31  to such information or suggestions.

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 1         Section 7.  Section 20.057, Florida Statutes, is

 2  amended to read:

 3         20.057  Interagency agreements to delete duplication of

 4  inspections.--

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

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

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

 8  agreement that will eliminate duplication of inspections among

 9  the departments that inspect the same type of facility or

10  structure. Parties to the agreement may include departments

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

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

13         (a)  Authorize agents of one department to conduct

14  inspections required to be performed by another department.

15         (b)  Specify that agents of the department conducting

16  the inspection have all powers relative to the inspection as

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

18  being conducted.

19         (c)  Require that agents of the department conducting

20  the inspection have sufficient knowledge of statutory and

21  administrative inspection requirements to conduct a proper

22  inspection.

23         (d)  Specify that the departments which have entered

24  into the agreement may neither charge nor accept any funds

25  with respect to duties performed under the agreement which are

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

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

28  under this section must be approved by the Governor.

29  Inspections conducted under an agreement shall be deemed

30  sufficient for enforcement purposes pursuant to the agreement

31  or as otherwise provided by law.

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

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

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

 4  Representatives regarding interagency agreements.  The report

 5  shall identify each interagency agreement entered into under

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

 7  duplication eliminated, provide data that measures the

 8  effectiveness of inspections conducted under the interagency

 9  agreement, and estimate the cost savings that have resulted

10  from the agreement. The report shall also describe obstacles

11  encountered by any department in attempting to develop an

12  interagency agreement and in performing duties resulting from

13  an interagency agreement and shall recommend appropriate

14  remedial legislative action.

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

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

17  to read:

18         20.19  Department of Children and Family

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

20  Family Services.

21         (1)  MISSION AND PURPOSE.--

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

23  Family Services is to protect vulnerable children and adults,

24  strengthen families, and support individuals and families in

25  achieving personal and economic self-sufficiency work in

26  partnership with local communities to ensure the safety,

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

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

29  fulfilling its mission and establish a set of measurable

30  goals, objectives, performance standards, and quality

31  

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 1  assurance requirements to ensure that the department is

 2  accountable to the people of Florida.

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

 4  appropriations, the department shall deliver services by

 5  contract through private providers.

 6         (5)  SERVICE DISTRICTS.--

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

 8  consultation with the relevant employee representatives,

 9  develop projections of the number of child abuse and neglect

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

11  request a specific appropriation for funds and positions for

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

13  full-time equivalent:

14         1.  Child protection investigation workers so that

15  caseloads do not exceed the Child Welfare League Standards by

16  more than two cases; and

17         2.  Child protection case workers so that caseloads do

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

19  cases.

20         Section 9.  Paragraphs (e), (f), and (g) of subsection

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

22         Section 10.  Paragraph (l) of subsection (1) of section

23  20.43, Florida Statutes, is amended to read:

24         20.43  Department of Health.--There is created a

25  Department of Health.

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

27  promote and protect the health of all residents and visitors

28  in the state through organized state and community efforts,

29  including cooperative agreements with counties.  The

30  department shall:

31  

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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 11.  Subsection (8) of section 39.001, Florida

 8  Statutes, is amended to read:

 9         39.001  Purposes and intent; personnel standards and

10  screening.--

11         (8)  FUNDING AND SUBSEQUENT PLANS.--

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

13  legislative budget requests All budget requests submitted by

14  the department, the Department of Health, the Department of

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

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

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

18  state comprehensive plan and updates developed pursuant to

19  this section.

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

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

22  and update the plan annually readdress the plan and make

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

24  revisions shall be submitted to the Governor and the

25  Legislature Speaker of the House of Representatives and the

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

27  divisible by 5. Annual review and updates shall include

28  progress and performance reporting. An annual progress report

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

30  5-year intervals.  In order to avoid duplication of effort,

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

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 1  other plans required by either the state or Federal

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

 3  Federal Government plan that constitute the state plan for the

 4  prevention of child abuse, abandonment, and neglect are

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

 6  the House of Representatives and the President of the Senate

 7  as required above.

 8         Section 12.  Paragraph (h) of subsection (2) of section

 9  39.4086, Florida Statutes, is repealed.

10         Section 13.  Subsections (1) and (3) of section 98.255,

11  Florida Statutes, are amended to read:

12         98.255  Voter education programs.--

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

14  adopt rules prescribing minimum standards for nonpartisan

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

16  review current voter education programs within each county of

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

18  to, the following subjects:

19         (a)  Voter registration;

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

21         (c)  Voter rights and responsibilities;

22         (d)  Distribution of sample ballots; and

23         (e)  Public service announcements.

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

25  each supervisor of elections shall report to the Department of

26  State a detailed description of the voter education programs

27  implemented and any other information that may be useful in

28  evaluating the effectiveness of voter education efforts.

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

30  information, shall prepare a public report on the

31  effectiveness of voter education programs and shall submit the

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

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

 3  year following a general election.

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

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

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

 7  rules that incorporate successful voter education programs and

 8  techniques, as necessary.

 9         Section 14.  Subsection (10) of section 106.22, Florida

10  Statutes, is repealed.

11         Section 15.  Paragraph (a) of subsection (7) of section

12  110.1227, Florida Statutes, is amended to read:

13         110.1227  Florida Employee Long-Term-Care Plan Act.--

14         (7)  The board of directors of the Florida

15  Long-Term-Care Plan shall:

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

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

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

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

20  the Minority Leaders of the Senate and the House of

21  Representatives.

22         Section 16.  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 17.  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 18.  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 19.  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 20.  Section 153.952, Florida Statutes, is

30  repealed.

31  

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 1         Section 21.  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 22.  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 23.  Section 163.2526, Florida Statutes, is

18  repealed.

19         Section 24.  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 25.  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 26.  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 27.  Subsection (12) of section 163.519,

23  Florida Statutes, is repealed.

24         Section 28.  Subsection (9) of section 186.007, Florida

25  Statutes, is repealed.

26         Section 29.  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 30.  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 31.  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 32.  Paragraph (b) of subsection (1) of section

12  206.606, Florida Statutes, is amended to read:

13         206.606  Distribution of certain proceeds.--

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

15  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

18  206.41, and the administrative costs incurred by the

19  department in collecting, administering, enforcing, and

20  distributing the tax, which administrative costs may not

21  exceed 2 percent of collections, shall be distributed monthly

22  to the State Transportation Trust Fund, except that:

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

24  State Game Trust Fund in the Fish and Wildlife Conservation

25  Commission in each fiscal year and used for recreational

26  boating activities, and freshwater fisheries management and

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

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

29  annually determine where unmet needs exist for boating-related

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

31  

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 1  due to the number of vessel registrations, sufficient

 2  financial resources are unavailable.

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

 4  local projects to provide recreational channel marking, public

 5  launching facilities, aquatic plant control, and other local

 6  boating related activities. In funding the projects, the

 7  commission shall give priority consideration as follows:

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

 9  or less.

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

11  of boating related activities from individuals residing in

12  other counties.

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

14  recreational boating activities and freshwater fisheries

15  management and research.

16         3.  The commission is authorized to adopt rules

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

18  Boating Improvement Program similar to the program

19  administered by the Department of Environmental Protection and

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

21  Administrative Code, to determine projects eligible for

22  funding under this subsection.

23  

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

25  make available on its Internet website file an annual report

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

27  of Representatives outlining the status of its Florida Boating

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

29  of counties whose needs are unmet due to insufficient

30  financial resources from vessel registration fees.

31  

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 1         Section 33.  Paragraph (b) of subsection (4) of section

 2  212.054, Florida Statutes, is amended to read:

 3         212.054  Discretionary sales surtax; limitations,

 4  administration, and collection.--

 5         (4)

 6         (b)  The proceeds of a discretionary sales surtax

 7  collected by the selling dealer located in a county which

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

 9  administration, to the county where the selling dealer is

10  located. The proceeds shall be transferred to the

11  Discretionary Sales Surtax Clearing Trust Fund. A separate

12  account shall be established in such trust fund for each

13  county imposing a discretionary surtax.  The amount deducted

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

15  the total revenue generated for all counties levying a surtax

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

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

18  solely and directly attributable to the surtax.  The total

19  cost of administration shall be prorated among those counties

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

21  particular county to the total amount collected for all

22  counties. No later than March 1 of each year, the department

23  shall submit a written report which details the expenses and

24  amounts deducted for the costs of administration to the

25  President of the Senate, the Speaker of the House of

26  Representatives, and the governing authority of each county

27  levying a surtax. The department shall distribute the moneys

28  in the trust fund each month to the appropriate counties,

29  unless otherwise provided in s. 212.055.

30         Section 34.  Paragraph (j) of subsection (5) of section

31  212.08, Florida Statutes, is amended to read:

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 1         212.08  Sales, rental, use, consumption, distribution,

 2  and storage tax; specified exemptions.--The sale at retail,

 3  the rental, the use, the consumption, the distribution, and

 4  the storage to be used or consumed in this state of the

 5  following are hereby specifically exempt from the tax imposed

 6  by this chapter.

 7         (5)  EXEMPTIONS; ACCOUNT OF USE.--

 8         (j)  Machinery and equipment used in semiconductor,

 9  defense, or space technology production and research and

10  development.--

11         1.a.  Industrial machinery and equipment used in

12  semiconductor technology facilities certified under

13  subparagraph 6. to manufacture, process, compound, or produce

14  semiconductor technology products for sale or for use by these

15  facilities are exempt from the tax imposed by this chapter.

16  For purposes of this paragraph, industrial machinery and

17  equipment includes molds, dies, machine tooling, other

18  appurtenances or accessories to machinery and equipment,

19  testing equipment, test beds, computers, and software, whether

20  purchased or self-fabricated, and, if self-fabricated,

21  includes materials and labor for design, fabrication, and

22  assembly.

23         b.  Industrial machinery and equipment used in defense

24  or space technology facilities certified under subparagraph 6.

25  to manufacture, process, compound, or produce defense

26  technology products or space technology products for sale or

27  for use by these facilities are exempt from 25 percent of the

28  tax imposed by this chapter.

29         2.a.  Machinery and equipment are exempt from the tax

30  imposed by this chapter if used predominately in semiconductor

31  wafer research and development activities in a semiconductor

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 1  technology research and development facility certified under

 2  subparagraph 6. For purposes of this paragraph, machinery and

 3  equipment includes molds, dies, machine tooling, other

 4  appurtenances or accessories to machinery and equipment,

 5  testing equipment, test beds, computers, and software, whether

 6  purchased or self-fabricated, and, if self-fabricated,

 7  includes materials and labor for design, fabrication, and

 8  assembly.

 9         b.  Machinery and equipment are exempt from 25 percent

10  of the tax imposed by this chapter if used predominately in

11  defense or space research and development activities in a

12  defense or space technology research and development facility

13  certified under subparagraph 6.

14         3.  Building materials purchased for use in

15  manufacturing or expanding clean rooms in

16  semiconductor-manufacturing facilities are exempt from the tax

17  imposed by this chapter.

18         4.  In addition to meeting the criteria mandated by

19  subparagraph 1., subparagraph 2., or subparagraph 3., a

20  business must be certified by the Office of Tourism, Trade,

21  and Economic Development as authorized in this paragraph in

22  order to qualify for exemption under this paragraph.

23         5.  For items purchased tax exempt pursuant to this

24  paragraph, possession of a written certification from the

25  purchaser, certifying the purchaser's entitlement to exemption

26  pursuant to this paragraph, relieves the seller of the

27  responsibility of collecting the tax on the sale of such

28  items, and the department shall look solely to the purchaser

29  for recovery of tax if it determines that the purchaser was

30  not entitled to the exemption.

31  

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 1         6.a.  To be eligible to receive the exemption provided

 2  by subparagraph 1., subparagraph 2., or subparagraph 3., a

 3  qualifying business entity shall apply to Enterprise Florida,

 4  Inc. The application shall be developed by the Office of

 5  Tourism, Trade, and Economic Development in consultation with

 6  Enterprise Florida, Inc.

 7         b.  Enterprise Florida, Inc., shall review each

 8  submitted application and information and determine whether or

 9  not the application is complete within 5 working days. Once an

10  application is complete, Enterprise Florida, Inc., shall,

11  within 10 working days, evaluate the application and recommend

12  approval or disapproval of the application to the Office of

13  Tourism, Trade, and Economic Development.

14         c.  Upon receipt of the application and recommendation

15  from Enterprise Florida, Inc., the Office of Tourism, Trade,

16  and Economic Development shall certify within 5 working days

17  those applicants who are found to meet the requirements of

18  this section and notify the applicant, Enterprise Florida,

19  Inc., and the department of the certification. If the Office

20  of Tourism, Trade, and Economic Development finds that the

21  applicant does not meet the requirements of this section, it

22  shall notify the applicant and Enterprise Florida, Inc.,

23  within 10 working days that the application for certification

24  has been denied and the reasons for denial. The Office of

25  Tourism, Trade, and Economic Development has final approval

26  authority for certification under this section.

27         7.a.  A business may apply once each year for the

28  exemption.

29         a.b.  The application must indicate, for program

30  evaluation purposes only, the average number of full-time

31  equivalent employees at the facility over the preceding

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 1  calendar year, the average wage and benefits paid to those

 2  employees over the preceding calendar year, the total

 3  investment made in real and tangible personal property over

 4  the preceding calendar year, and the total value of tax-exempt

 5  purchases and taxes exempted during the previous year. The

 6  department shall assist the Office of Tourism, Trade, and

 7  Economic Development in evaluating and verifying information

 8  provided in the application for exemption.

 9         b.c.  The Office of Tourism, Trade, and Economic

10  Development may use the information reported on the

11  application for evaluation purposes only and shall prepare an

12  annual report on the exemption program and its cost and

13  impact. The annual report for the preceding fiscal year shall

14  be submitted to the Governor, the President of the Senate, and

15  the Speaker of the House of Representatives by September 30 of

16  each fiscal year.

17         8.  A business certified to receive this exemption may

18  elect to designate one or more state universities or community

19  colleges as recipients of up to 100 percent of the amount of

20  the exemption for which they may qualify. To receive these

21  funds, the institution must agree to match the funds so earned

22  with equivalent cash, programs, services, or other in-kind

23  support on a one-to-one basis in the pursuit of research and

24  development projects as requested by the certified business.

25  The rights to any patents, royalties, or real or intellectual

26  property must be vested in the business unless otherwise

27  agreed to by the business and the university or community

28  college.

29         9.  As used in this paragraph, the term:

30         a.  "Predominately" means at least 50 percent of the

31  time in qualifying research and development.

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 1         b.  "Research and development" means basic and applied

 2  research in the science or engineering, as well as the design,

 3  development, and testing of prototypes or processes of new or

 4  improved products. Research and development does not include

 5  market research, routine consumer product testing, sales

 6  research, research in the social sciences or psychology,

 7  nontechnological activities, or technical services.

 8         c.  "Semiconductor technology products" means raw

 9  semiconductor wafers or semiconductor thin films that are

10  transformed into semiconductor memory or logic wafers,

11  including wafers containing mixed memory and logic circuits;

12  related assembly and test operations; active-matrix flat panel

13  displays; semiconductor chips; semiconductor lasers;

14  optoelectronic elements; and related semiconductor technology

15  products as determined by the Office of Tourism, Trade, and

16  Economic Development.

17         d.  "Clean rooms" means manufacturing facilities

18  enclosed in a manner that meets the clean manufacturing

19  requirements necessary for high-technology

20  semiconductor-manufacturing environments.

21         e.  "Defense technology products" means products that

22  have a military application, including, but not limited to,

23  weapons, weapons systems, guidance systems, surveillance

24  systems, communications or information systems, munitions,

25  aircraft, vessels, or boats, or components thereof, which are

26  intended for military use and manufactured in performance of a

27  contract with the United States Department of Defense or the

28  military branch of a recognized foreign government or a

29  subcontract thereunder which relates to matters of national

30  defense.

31  

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 1         f.  "Space technology products" means products that are

 2  specifically designed or manufactured for application in space

 3  activities, including, but not limited to, space launch

 4  vehicles, missiles, satellites or research payloads, avionics,

 5  and associated control systems and processing systems. The

 6  term does not include products that are designed or

 7  manufactured for general commercial aviation or other uses

 8  even though those products may also serve an incidental use in

 9  space applications.

10         Section 35.  Section 213.0452, Florida Statutes, is

11  repealed.

12         Section 36.  Section 213.054, Florida Statutes, is

13  repealed.

14         Section 37.  Paragraph (z) of subsection (1) of section

15  216.011, Florida Statutes, is amended to read:

16         216.011  Definitions.--

17         (1)  For the purpose of fiscal affairs of the state,

18  appropriations acts, legislative budgets, and approved

19  budgets, each of the following terms has the meaning

20  indicated:

21         (z)  "Long-range program plan" means a plan developed

22  pursuant to s. 216.013 on an annual basis by each state agency

23  that is policy based, priority driven, accountable, and

24  developed through careful examination and justification of all

25  programs and their associated costs. Each plan is developed by

26  examining the needs of agency customers and clients and

27  proposing programs and associated costs to address those needs

28  based on state priorities as established by law, the agency

29  mission, and legislative authorization. The plan provides the

30  framework and context for preparing the legislative budget

31  

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 1  request and includes performance indicators for evaluating the

 2  impact of programs and agency performance.

 3         Section 38.  Section 216.013, Florida Statutes, is

 4  amended to read:

 5         216.013  Long-range program plan.--

 6         (1)  State agencies and the judicial branch shall

 7  develop long-range program plans to achieve state goals using

 8  an interagency planning process that includes the development

 9  of integrated agency program service outcomes. The plans shall

10  be policy-based, priority-driven, accountable, and developed

11  through careful examination and justification of all agency

12  and judicial branch programs. The plan shall cover a period of

13  5 fiscal years and shall become effective July 1 each year.

14         (1)  Long-range program plans shall provide the

15  framework for the development of agency budget requests and

16  shall identify or update:

17         (a)  The agency's or court's mission;

18         (b)  The goals established to accomplish the mission;

19         (c)  The objectives developed to achieve the goals;

20         (d)  The trends and conditions relevant to the mission,

21  goals, and objectives;

22         (e)(a)  The agency or court Identify agency programs

23  and address how agency programs that will be used to implement

24  state policy and achieve state goals and program component

25  objectives;

26         (f)  The program outcomes and standards to measure

27  progress toward program objectives; and

28         (b)  Identify and describe agency functions and how

29  they will be used to achieve designated outcomes;

30         (c)  Identify demand, output, total costs, and unit

31  costs for each function;

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 1         (g)(d)  Provide Information regarding performance

 2  measurement, which includes, but is not limited to, how data

 3  is collected, the methodology used to measure a performance

 4  indicator, the validity and reliability of a measure, the

 5  appropriateness of a measure, and whether the agency inspector

 6  general has assessed the reliability and validity of agency

 7  performance measures, pursuant to s. 20.055(2).;

 8         (e)  Identify and justify facility and fixed capital

 9  outlay projects and their associated costs; and

10         (f)  Identify and justify information technology

11  infrastructure and applications and their associated costs for

12  information technology projects or initiatives.

13         (2)  Each long-range program plan shall cover a period

14  of 5 fiscal years, be revised annually, and remain in effect

15  until replaced or revised. All agency functions and their

16  costs shall be carefully evaluated and justified by the

17  agency.  The justification must clearly demonstrate the needs

18  of agency customers and clients and why the agency is

19  proposing functions and their associated costs to address the

20  needs based on state priorities, the agency mission, and

21  legislative authorization.  Further, the justification must

22  show how agency functions are integrated and contribute to the

23  overall achievement of state goals.  Facilities, fixed capital

24  outlay and information technology infrastructure, and

25  applications shall be evaluated pursuant to ss. 216.0158,

26  216.043, and 216.0446, respectively.

27         (3)  Long-range program plans or revisions shall be

28  presented by state agencies and the judicial branch in a form,

29  manner, and timeframe prescribed in written instructions

30  prepared by submitted to the Executive Office of the Governor

31  in consultation with by August 1 of each year in a form and

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 1  manner prescribed by the Executive Office of the Governor and

 2  the chairs of the legislative appropriations committees. Such

 3  long-range program plans for the Judicial Branch shall be

 4  submitted by the Chief Justice of the Supreme Court to the

 5  President of the Senate and the Speaker of the House of

 6  Representatives, and a copy shall be provided to the Executive

 7  Office of the Governor.

 8         (4)  The Executive Office of the Governor shall review

 9  the long-range program plans for executive agencies to ensure

10  that they are consistent with the state's goals and objectives

11  and other requirements as specified in the written

12  instructions and that they provide the framework and context

13  for the agency's budget request.

14         (5)  Executive agencies shall incorporate all revisions

15  required by the Governor within 14 working days.

16         (6)  Any differences between executive agencies

17  regarding the programs, policies, or long-range program plans

18  of such agencies shall be mediated by the Executive Office of

19  the Governor.

20         (4)(7)  Each state executive agency and the judicial

21  branch shall post their transmit copies of its long-range

22  program plan on their Internet website and all written

23  comments on its plan to the President of the Senate and the

24  Speaker of the House of Representatives not later than

25  September 30th of each year and provide written notice to the

26  Governor and the Legislature that the plans have been posted

27  60 days prior to the next regular session of the Legislature.

28         (8)  Long-range program plans developed pursuant to

29  this chapter are not rules and therefore are not subject to

30  the provisions of chapter 120.

31  

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 1         (5)(9)  Following the adoption of the annual General

 2  Appropriations Act, the state agencies and the judicial branch

 3  shall make appropriate adjustments to their long-range program

 4  plans to be consistent with the appropriations and performance

 5  measures in the General Appropriations Act and legislation

 6  implementing the General Appropriations Act. Agencies and the

 7  judicial branch have until June 15 to make adjustments to

 8  their plans as posted on their Internet websites and submit

 9  the adjusted plans to the Executive Office of the Governor for

10  review.

11         (6)  Long-range program plans developed pursuant to

12  this chapter are not rules and therefore are not subject to

13  chapter 120.

14         Section 39.  Section 216.1825, Florida Statutes, is

15  repealed.

16         Section 40.  Subsection (5) of section 252.55, Florida

17  Statutes, is amended to read:

18         252.55  Civil Air Patrol, Florida Wing.--

19         (5)  The wing commander of the Florida Wing of the

20  Civil Air Patrol shall biennially furnish the Bureau of

21  Emergency Management a 2-year an annual projection of the

22  goals and objectives of the Civil Air Patrol for the following

23  year. These will be reported to the Governor in the division's

24  biennial annual report submitted pursuant to s. 252.35 of the

25  division on February 1 of each year.

26         Section 41.  Subsection (1) of section 253.7825,

27  Florida Statutes, is amended to read:

28         253.7825  Recreational uses.--

29         (1)  The Cross Florida Greenways State Recreation and

30  Conservation Area must be managed as a multiple-use area

31  pursuant to s. 253.034(2)(a), and as further provided herein.

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 1  The University of Florida Management Plan provides a

 2  conceptual recreational plan that may ultimately be developed

 3  at various locations throughout the greenways corridor. The

 4  plan proposes to locate a number of the larger, more

 5  comprehensive and complex recreational facilities in

 6  sensitive, natural resource areas. Future site-specific

 7  studies and investigations must be conducted by the department

 8  to determine compatibility with, and potential for adverse

 9  impact to, existing natural resources, need for the facility,

10  the availability of other alternative locations with reduced

11  adverse impacts to existing natural resources, and the proper

12  specific sites and locations for the more comprehensive and

13  complex facilities. Furthermore, it is appropriate, with the

14  approval of the department, to allow more fishing docks, boat

15  launches, and other user-oriented facilities to be developed

16  and maintained by local governments.

17         Section 42.  Section 253.7826, Florida Statutes, is

18  repealed.

19         Section 43.  Subsection (4) of section 259.037, Florida

20  Statutes, is amended to read:

21         259.037  Land Management Uniform Accounting Council.--

22         (4)  The council shall provide a report of the

23  agencies' expenditures pursuant to the adopted categories to

24  the President of the Senate and the Speaker of the House of

25  Representatives annually, beginning July 1, 2001.  The council

26  shall also provide this report to the Acquisition and

27  Restoration Council for inclusion in its annual report

28  required pursuant to s. 259.105.

29         Section 44.  Section 265.56, Florida Statutes, is

30  repealed.

31  

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 1         Section 45.  Subsection (4) of section 267.074, Florida

 2  Statutes, is repealed.

 3         Section 46.  Subsection (28) of section 282.102,

 4  Florida Statutes, is repealed.

 5         Section 47.  Subsection (3) of section 284.50, Florida

 6  Statutes, is repealed.

 7         Section 48.  Subsection (15) of section 287.059,

 8  Florida Statutes, is amended to read:

 9         287.059  Private attorney services.--

10         (15)  The Attorney General's office may, by rule, adopt

11  standard fee schedules for court reporting services for each

12  judicial circuit in consultation with the Florida Court

13  Reporters Association. Agencies, when contracting for court

14  reporting services, must use the standard fee schedule for

15  court reporting services established pursuant to this section,

16  provided no state contract is applicable or unless the head of

17  the agency or his or her designee waives use of the schedule

18  and sets forth the reasons for deviating from the schedule in

19  writing to the Attorney General. Such waiver must demonstrate

20  necessity based upon criteria for deviation from the schedule

21  which the Attorney General shall establish by rule.  Any

22  proposed fee schedule under this section shall be submitted to

23  the Governor, the Speaker of the House of Representatives, the

24  President of the Senate, and the Chief Justice of the Florida

25  Supreme Court at least 60 days prior to publication of the

26  notice to adopt the rule.

27         Section 49.  Subsection (7) of section 288.108, Florida

28  Statutes, is repealed.

29         Section 50.  Section 288.1185, Florida Statutes, is

30  repealed.

31  

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 1         Section 51.  Paragraph (e) of subsection (8) of section

 2  288.1229, Florida Statutes, is amended to read:

 3         288.1229  Promotion and development of sports-related

 4  industries and amateur athletics; direct-support organization;

 5  powers and duties.--

 6         (8)  To promote amateur sports and physical fitness,

 7  the direct-support organization shall:

 8         (e)  Promote Florida as a host for national and

 9  international amateur athletic competitions. As part of this

10  effort, the direct-support organization shall:

11         1.  Assist and support Florida cities or communities

12  bidding or seeking to host the Summer Olympics or Pan American

13  Games.

14         2.  Annually report to the Governor, the President of

15  the Senate, and the Speaker of the House of Representatives on

16  the status of the efforts of cities or communities bidding to

17  host the Summer Olympics or Pan American Games, including, but

18  not limited to, current financial and infrastructure status,

19  projected financial and infrastructure needs, and

20  recommendations for satisfying the unmet needs and fulfilling

21  the requirements for a successful bid in any year that the

22  Summer Olympics or Pan American Games are held in this state.

23         Section 52.  Subsection (4) of section 288.7015,

24  Florida Statutes, is repealed.

25         Section 53.  Subsections (8), (10), and (11) of section

26  288.8175, Florida Statutes, are repealed.

27         Section 54.  Subsection (5) of section 288.853, Florida

28  Statutes, is repealed.

29         Section 55.  Subsection (5) of section 288.95155,

30  Florida Statutes, is amended to read:

31  

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 1         288.95155  Florida Small Business Technology Growth

 2  Program.--

 3         (5)  By January 1 of each year, Enterprise Florida,

 4  Inc., shall prepare and include in their annual report

 5  required by s. 288.095 a report on the financial status of the

 6  program and the account and shall submit a copy of the report

 7  to the board of directors of Enterprise Florida, Inc., the

 8  appropriate legislative committees responsible for economic

 9  development oversight, and the appropriate legislative

10  appropriations subcommittees. The report shall specify the

11  assets and liabilities of the account within the current

12  fiscal year and shall include a portfolio update that lists

13  all of the businesses assisted, the private dollars leveraged

14  by each business assisted, and the growth in sales and in

15  employment of each business assisted.

16         Section 56.  Paragraph (c) of subsection (4) of section

17  288.9604, Florida Statutes, is amended to read:

18         288.9604  Creation of the authority.--

19         (4)

20         (c)  The directors of the corporation shall annually

21  elect one of their members as chair and one as vice chair.

22  The corporation may employ a president, technical experts, and

23  such other agents and employees, permanent and temporary, as

24  it requires and determine their qualifications, duties, and

25  compensation.  For such legal services as it requires, the

26  corporation may employ or retain its own counsel and legal

27  staff.  The corporation shall file with the governing body of

28  each public agency with which it has entered into an

29  interlocal agreement and with the Governor, the Speaker of the

30  House of Representatives, the President of the Senate, the

31  Minority Leaders of the Senate and House of Representatives,

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 1  and the Auditor General, on or before 90 days after the close

 2  of the fiscal year of the corporation, a report of its

 3  activities for the preceding fiscal year, which report shall

 4  include a complete financial statement setting forth its

 5  assets, liabilities, income, and operating expenses as of the

 6  end of such fiscal year.

 7         Section 57.  Section 288.9610, Florida Statutes, is

 8  amended to read:

 9         288.9610  Annual reports of Florida Development Finance

10  Corporation.--On or before 90 days after the close of By

11  December 1 of each year, the Florida Development Finance

12  Corporation's fiscal year, the corporation shall submit to the

13  Governor, the Legislature President of the Senate, the Speaker

14  of the House of Representatives, the Senate Minority Leader,

15  the House Minority Leader, the Auditor General, and the

16  governing body of each public entity with which it has entered

17  into an interlocal agreement city or county activating the

18  Florida Development Finance Corporation a complete and

19  detailed report setting forth:

20         (1)  The results of any audit conducted pursuant to s.

21  11.45 evaluation required in s. 11.45(3)(j).

22         (2)  The activities, operations, and accomplishments of

23  the Florida Development Finance Corporation, including the

24  number of businesses assisted by the corporation.

25         (3)  Its assets, and liabilities, income, and operating

26  expenses at the end of its most recent fiscal year, including

27  a description of all of its outstanding revenue bonds.

28         Section 58.  Subsection (3) of section 292.04, Florida

29  Statutes, is amended to read:

30         292.04  Florida Commission on Veterans' Affairs.--

31  

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 1         (3)(a)  It is the duty of the commission to conduct a

 2  biennial survey of possible contributions that veterans or

 3  state organizations of veterans and their auxiliaries could

 4  make to the state and to report the results of the survey to

 5  the department together with recommendations for encouraging

 6  such contributions.

 7         (b)  The commission shall work with the various

 8  veterans' organizations and their auxiliaries within the state

 9  and shall function as a liaison between such organizations and

10  the department on matters pertaining to veterans.

11         Section 59.  Subsection (6) of section 292.05, Florida

12  Statutes, is amended to read:

13         292.05  Duties of Department of Veterans' Affairs.--

14         (6)  The department shall, by on December 31 of each

15  year, submit make an annual written report to the Governor,

16  the Cabinet, and the Legislature which shall describe:

17         (a)  of the state, the Speaker of the House of

18  Representatives, and the President of the Senate, which report

19  shall show The expenses incurred in veteran service work in

20  the state; the number, nature, and kind of cases handled by

21  the department and by county and city veteran service officers

22  of the state; the amounts of benefits obtained for veterans;

23  the names and addresses of all certified veteran service

24  officers, including county and city veteran service officers.

25  The report shall also describe the actions taken by the

26  department in implementing subsections (4), (5), and (7) and

27  shall contain such other information and recommendations as

28  may appear to the department to be right and proper.

29         (b)  The current status of the department's domiciliary

30  and nursing homes established pursuant to chapter 296,

31  including all receipts and expenditures, the condition of the

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 1  homes, the number of residents received and discharged during

 2  the preceding year, occupancy rates, staffing, and any other

 3  information necessary to provide an understanding of the

 4  management, conduct, and operation of the homes.

 5         Section 60.  Section 296.16, Florida Statutes, is

 6  repealed.

 7         Section 61.  Section 296.39, Florida Statutes, is

 8  repealed.

 9         Section 62.  Paragraph (c) of subsection (12) of

10  section 315.03, Florida Statutes, is repealed.

11         Section 63.  Subsection (2) of section 319.324, Florida

12  Statutes, is amended to read:

13         319.324  Odometer fraud prevention and detection;

14  funding.--

15         (2)  Moneys deposited into the Highway Safety Operating

16  Trust Fund under this section shall be used to implement and

17  maintain efforts by the department to prevent and detect

18  odometer fraud, including the prompt investigation of alleged

19  instances of odometer mileage discrepancies reported by

20  licensed motor vehicle dealers, auctions, or purchasers of

21  motor vehicles. Such moneys shall also be used to fund an

22  annual report to the Legislature by the Department of Highway

23  Safety and Motor Vehicles, summarizing the department's

24  investigations and findings. In addition, moneys deposited

25  into the fund may be used by the department for general

26  operations.

27         Section 64.  Section 322.181, Florida Statutes, is

28  amended to read:

29         322.181  Advisory council on the Study of effects of

30  aging on driving ability; advisory council.--

31  

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 1         (1)  The Department of Highway Safety and Motor

 2  Vehicles shall study the effects of aging on driving ability.

 3  The purpose of the study is to develop a comprehensive

 4  approach to licensing drivers.

 5         (2)  Issues to be studied by the department shall

 6  include the:

 7         (a)  Effective and efficient identification of drivers

 8  at risk of being involved in a motor vehicle accident because

 9  of functional limitations that affect their driving ability;

10         (b)  Prevalence and effect of degenerative processes

11  affecting vision, hearing, mobility, cognitive functions, and

12  reaction time;

13         (c)  Implementation and effect of the department's

14  vision screening requirements and examination of new

15  technologies;

16         (d)  Availability and effectiveness of remedial

17  measures such as skills training, adaptive equipment, physical

18  therapy, and adjustment of driving practices that will allow

19  people to drive safely for as long as possible;

20         (e)  Availability of alternative forms of

21  transportation for people who can no longer safely drive; and

22         (f)  Effectiveness of existing public education

23  initiatives relating to at-risk drivers.

24         (3)  The department shall report the results of the

25  study to the President of the Senate and the Speaker of the

26  House of Representatives by February 1, 2004. The report shall

27  include findings of the study and recommendations for

28  improving the safety of at-risk drivers.

29         (4)  The department shall appoint an advisory council

30  to participate in the study and to advise the department on

31  issues related to older at-risk drivers on an ongoing basis.

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 1  The council shall be known as the Florida At-Risk Driver

 2  Council. Members of the council shall include representatives

 3  of organizations involved with issues facing older drivers

 4  including state agencies, medical professionals, senior

 5  citizen advocacy groups, providers of services to senior

 6  citizens, and research entities.

 7         Section 65.  Paragraph (c) of subsection (7) of section

 8  322.251, Florida Statutes, is repealed.

 9         Section 66.  Paragraph (d) of subsection (6) of section

10  365.172, Florida Statutes, is repealed.

11         Section 67.  Subsection (4) of section 366.82, Florida

12  Statutes, is repealed.

13         Section 68.  Subsection (8) of section 370.26, Florida

14  Statutes, is repealed.

15         Section 69.  Subsection (2) of section 372.5712,

16  Florida Statutes, is amended to read:

17         372.5712  Florida waterfowl permit revenues.--

18         (2)  The intent of this section is to expand waterfowl

19  research and management and increase waterfowl populations in

20  the state without detracting from other programs. The

21  commission shall prepare and make available on its Internet

22  website an annual report documenting the use of funds

23  generated under the provisions of this section, to be

24  submitted to the Governor, the Speaker of the House of

25  Representatives, and the President of the Senate on or before

26  September 1 of each year.

27         Section 70.  Subsection (2) of section 372.5715,

28  Florida Statutes, is amended to read:

29         372.5715  Florida wild turkey permit revenues.--

30         (2)  The intent of this section is to expand wild

31  turkey research and management and to increase wild turkey

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 1  populations in the state without detracting from other

 2  programs. The commission shall prepare and make available on

 3  its Internet website an annual report documenting the use of

 4  funds generated under the provisions of this section, to be

 5  submitted to the Governor, the Speaker of the House of

 6  Representatives, and the President of the Senate on or before

 7  September 1 of each year.

 8         Section 71.  Section 372.673, Florida Statutes, is

 9  repealed.

10         Section 72.  Section 372.674, Florida Statutes, is

11  repealed.

12         Section 73.  Section 373.0391, Florida Statutes, is

13  amended to read:

14         373.0391  Technical assistance to local governments.--

15         (1)  The water management districts shall assist local

16  governments in the development and future revision of local

17  government comprehensive plan elements or public facilities

18  report as required by s. 189.415, related to water resource

19  issues.

20         (2)  By July 1, 1991, each water management district

21  shall prepare and provide information and data to assist local

22  governments in the preparation and implementation of their

23  local government comprehensive plans or public facilities

24  report as required by s. 189.415, whichever is applicable.

25  Such information and data shall include, but not be limited

26  to:

27         (a)  All information and data required in a public

28  facilities report pursuant to s. 189.415.

29         (b)  A description of regulations, programs, and

30  schedules implemented by the district.

31  

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 1         (c)  Identification of regulations, programs, and

 2  schedules undertaken or proposed by the district to further

 3  the State Comprehensive Plan.

 4         (d)  A description of surface water basins, including

 5  regulatory jurisdictions, flood-prone areas, existing and

 6  projected water quality in water management district operated

 7  facilities, as well as surface water runoff characteristics

 8  and topography regarding flood plains, wetlands, and recharge

 9  areas.

10         (e)  A description of groundwater characteristics,

11  including existing and planned wellfield sites, existing and

12  anticipated cones of influence, highly productive groundwater

13  areas, aquifer recharge areas, deep well injection zones,

14  contaminated areas, an assessment of regional water resource

15  needs and sources for the next 20 years, and water quality.

16         (f)  The identification of existing and potential water

17  management district land acquisitions.

18         (g)  Information reflecting the minimum flows for

19  surface watercourses to avoid harm to water resources or the

20  ecosystem and information reflecting the minimum water levels

21  for aquifers to avoid harm to water resources or the

22  ecosystem.

23         Section 74.  Subsection (4) of section 373.046, Florida

24  Statutes, is amended to read:

25         373.046  Interagency agreements.--

26         (4)  The Legislature recognizes and affirms the

27  division of responsibilities between the department and the

28  water management districts as set forth in ss. III. and X. of

29  each of the operating agreements codified as rules

30  17-101.040(12)(a)3., 4., and 5., Florida Administrative Code.

31  Section IV.A.2.a. of each operating agreement regarding

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 1  individual permit oversight is rescinded.  The department

 2  shall be responsible for permitting those activities under

 3  part IV of this chapter which, because of their complexity and

 4  magnitude, need to be economically and efficiently evaluated

 5  at the state level, including, but not limited to, mining,

 6  hazardous waste management facilities and solid waste

 7  management facilities that do not qualify for a general permit

 8  under chapter 403.  With regard to postcertification

 9  information submittals for activities authorized under

10  chapters 341 and 403 siting act certifications, the

11  department, after consultation with the appropriate water

12  management district and other agencies having applicable

13  regulatory jurisdiction, shall be responsible for determining

14  the permittee's compliance with conditions of certification

15  which were based upon the nonprocedural requirements of part

16  IV of this chapter. The Legislature authorizes the water

17  management districts and the department to modify the division

18  of responsibilities referenced in this section and enter into

19  further interagency agreements by rulemaking, including

20  incorporation by reference, pursuant to chapter 120, to

21  provide for greater efficiency and to avoid duplication in the

22  administration of part IV of this chapter by designating

23  certain activities which will be regulated by either the water

24  management districts or the department.  In developing such

25  interagency agreements, the water management districts and the

26  department should take into consideration the technical and

27  fiscal ability of each water management district to implement

28  all or some of the provisions of part IV of this chapter.

29  Nothing herein rescinds or restricts the authority of the

30  districts to regulate silviculture and agriculture pursuant to

31  part IV of this chapter or s. 403.927. By December 10, 1993,

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 1  the secretary of the department shall submit a report to the

 2  President of the Senate and the Speaker of the House of

 3  Representatives regarding the efficiency of the procedures and

 4  the division of responsibilities contemplated by this

 5  subsection and regarding progress toward the execution of

 6  further interagency agreements and the integration of

 7  permitting with sovereignty lands approval.  The report also

 8  will consider the feasibility of improving the protection of

 9  the environment through comprehensive criteria for protection

10  of natural systems.

11         Section 75.  Paragraph (f) of subsection (1) of section

12  373.1963, Florida Statutes, is amended to read:

13         373.1963  Assistance to West Coast Regional Water

14  Supply Authority.--

15         (1)  It is the intent of the Legislature to authorize

16  the implementation of changes in governance recommended by the

17  West Coast Regional Water Supply Authority in its reports to

18  the Legislature dated February 1, 1997, and January 5, 1998.

19  The authority and its member governments may reconstitute the

20  authority's governance and rename the authority under a

21  voluntary interlocal agreement with a term of not less than 20

22  years. The interlocal agreement must comply with this

23  subsection as follows:

24         (f)  Upon execution of the voluntary interlocal

25  agreement provided for herein, the authority shall jointly

26  develop with the Southwest Florida Water Management District

27  alternative sources of potable water and transmission

28  pipelines to interconnect regionally significant water supply

29  sources and facilities of the authority in amounts sufficient

30  to meet the needs of all member governments for a period of at

31  least 20 years and for natural systems. Nothing herein,

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 1  however, shall preclude the authority and its member

 2  governments from developing traditional water sources pursuant

 3  to the voluntary interlocal agreement. Development and

 4  construction costs for alternative source facilities, which

 5  may include a desalination facility and significant regional

 6  interconnects, must be borne as mutually agreed to by both the

 7  authority and the Southwest Florida Water Management District.

 8  Nothing herein shall preclude authority or district cost

 9  sharing with private entities for the construction or

10  ownership of alternative source facilities. By December 31,

11  1997, the authority and the Southwest Florida Water Management

12  District shall:

13         1.  Enter into a mutually acceptable agreement

14  detailing the development and implementation of directives

15  contained in this paragraph; or

16         2.  Jointly prepare and submit to the President of the

17  Senate and the Speaker of the House of Representatives a

18  report describing the progress made and impediments

19  encountered in their attempts to implement the water resource

20  development and water supply development directives contained

21  in this paragraph.

22  

23  Nothing in this section shall be construed to modify the

24  rights or responsibilities of the authority or its member

25  governments, except as otherwise provided herein, or of the

26  Southwest Florida Water Management District or the department

27  pursuant to this chapter or chapter 403 and as otherwise set

28  forth by statutes.

29         Section 76.  Subsection (14) of section 376.121,

30  Florida Statutes, is repealed.

31  

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 1         Section 77.  Section 376.17, Florida Statutes, is

 2  repealed.

 3         Section 78.  Subsection (5) of section 376.30713,

 4  Florida Statutes, is repealed.

 5         Section 79.  Paragraph (f) of subsection (3) of section

 6  377.703, Florida Statutes, is amended to read:

 7         377.703  Additional functions of the Department of

 8  Environmental Protection; energy emergency contingency plan;

 9  federal and state conservation programs.--

10         (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION;

11  DUTIES.--The Department of Environmental Protection shall, in

12  addition to assuming the duties and responsibilities provided

13  by ss. 20.255 and 377.701, perform the following functions

14  consistent with the development of a state energy policy:

15         (f)  The department shall make a report, as requested

16  by the Governor or the Legislature, reflecting its activities

17  and making recommendations of policies for improvement of the

18  state's response to energy supply and demand and its effect on

19  the health, safety, and welfare of the people of Florida. The

20  report shall include a report from the Florida Public Service

21  Commission on electricity and natural gas and information on

22  energy conservation programs conducted and under way in the

23  past year and shall include recommendations for energy

24  conservation programs for the state, including, but not

25  limited to, the following factors:

26         1.  Formulation of specific recommendations for

27  improvement in the efficiency of energy utilization in

28  governmental, residential, commercial, industrial, and

29  transportation sectors.

30         2.  Collection and dissemination of information

31  relating to energy conservation.

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 1         3.  Development and conduct of educational and training

 2  programs relating to energy conservation.

 3         4.  An analysis of the ways in which state agencies are

 4  seeking to implement s. 377.601(4), the state energy policy,

 5  and recommendations for better fulfilling this policy.

 6         Section 80.  Paragraph (a) of subsection (2) of section

 7  380.06, Florida Statutes, is amended to read:

 8         380.06  Developments of regional impact.--

 9         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

10         (a)  The state land planning agency shall recommend to

11  the Administration Commission specific statewide guidelines

12  and standards for adoption pursuant to this subsection. The

13  Administration Commission shall by rule adopt statewide

14  guidelines and standards to be used in determining whether

15  particular developments shall undergo

16  development-of-regional-impact review. The statewide

17  guidelines and standards previously adopted by the

18  Administration Commission and approved by the Legislature

19  shall remain in effect unless revised pursuant to this section

20  or superseded by other provisions of law. Revisions to the

21  present statewide guidelines and standards, after adoption by

22  the Administration Commission, shall be transmitted on or

23  before March 1 to the President of the Senate and the Speaker

24  of the House of Representatives for presentation at the next

25  regular session of the Legislature.  Unless approved by law by

26  the Legislature, the revisions to the present guidelines and

27  standards shall not become effective.

28         Section 81.  Subsection (3) of section 381.0011,

29  Florida Statutes, is repealed.

30         Section 82.  Section 381.0036, Florida Statutes, is

31  repealed.

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 1         Section 83.  Section 381.731, Florida Statutes, is

 2  repealed.

 3         Section 84.  Section 381.795, Florida Statutes, is

 4  amended to read:

 5         381.795  Long-term community-based supports.--The

 6  department shall, contingent upon specific appropriations for

 7  these purposes, establish:

 8         (1)  Study the long-term needs for community-based

 9  supports and services for individuals who have sustained

10  traumatic brain or spinal cord injuries.  The purpose of this

11  study is to prevent inappropriate residential and

12  institutional placement of these individuals, and promote

13  placement in the most cost effective and least restrictive

14  environment.  Any placement recommendations for these

15  individuals shall ensure full utilization of and collaboration

16  with other state agencies, programs, and community partners.

17  This study shall be submitted to the Governor, the President

18  of the Senate, and the Speaker of the House of Representatives

19  not later than December 31, 2000.

20         (2)  Based upon the results of this study, establish a

21  plan for the implementation of a program of long-term

22  community-based supports and services for individuals who have

23  sustained traumatic brain or spinal cord injuries who may be

24  subject to inappropriate residential and institutional

25  placement as a direct result of such injuries.

26         (1)(a)  The program shall be payor of last resort for

27  program services, and expenditures for such services shall be

28  considered funded services for purposes of s. 381.785;

29  however, notwithstanding s. 381.79(5), proceeds resulting from

30  this subsection shall be used solely for this program.

31  

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 1         (2)(b)  The department shall create, by rule,

 2  procedures to ensure, that in the event the program is unable

 3  to directly or indirectly provide such services to all

 4  eligible individuals due to lack of funds, those individuals

 5  most at risk to suffer the greatest harm from an imminent

 6  inappropriate residential or institutional placement are

 7  served first.

 8         (3)(c)  Every applicant or recipient of the long-term

 9  community-based supports and services program shall have been

10  a resident of the state for 1 year immediately preceding

11  application and be a resident of the state at the time of

12  application.

13         (4)(d)  The department shall adopt rules pursuant to

14  ss. 120.536(1) and 120.54 to implement the provision of this

15  section subsection.

16         Section 85.  Paragraph (a) of subsection (7) of section

17  381.90, Florida Statutes, is repealed.

18         Section 86.  Subsection (4) of section 394.4573,

19  Florida Statutes, is repealed.

20         Section 87.  Subsection (1) of section 394.4985,

21  Florida Statutes, is amended to read:

22         394.4985  Districtwide information and referral

23  network; implementation.--

24         (1)  Each service district of the Department of

25  Children and Family Services shall develop a detailed

26  implementation plan for a districtwide comprehensive child and

27  adolescent mental health information and referral network to

28  be operational by July 1, 1999. The plan must include an

29  operating budget that demonstrates cost efficiencies and

30  identifies funding sources for the district information and

31  referral network. The plan must be submitted by the department

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 1  to the Legislature by October 1, 1998. The district shall use

 2  existing district information and referral providers if, in

 3  the development of the plan, it is concluded that these

 4  providers would deliver information and referral services in a

 5  more efficient and effective manner when compared to other

 6  alternatives. The district information and referral network

 7  must include:

 8         (a)  A resource file that contains information about

 9  the child and adolescent mental health services as described

10  in s. 394.495, including, but not limited to:

11         1.  Type of program;

12         2.  Hours of service;

13         3.  Ages of persons served;

14         4.  Program description;

15         5.  Eligibility requirements; and

16         6.  Fees.

17         (b)  Information about private providers and

18  professionals in the community which serve children and

19  adolescents with an emotional disturbance.

20         (c)  A system to document requests for services that

21  are received through the network referral process, including,

22  but not limited to:

23         1.  Number of calls by type of service requested;

24         2.  Ages of the children and adolescents for whom

25  services are requested; and

26         3.  Type of referral made by the network.

27         (d)  The ability to share client information with the

28  appropriate community agencies.

29         (e)  The submission of an annual report to the

30  department, the Agency for Health Care Administration, and

31  appropriate local government entities, which contains

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 1  information about the sources and frequency of requests for

 2  information, types and frequency of services requested, and

 3  types and frequency of referrals made.

 4         Section 88.  Section 394.75, Florida Statutes, is

 5  amended to read:

 6         394.75  State and district substance abuse and mental

 7  health plans.--

 8         (1)(a)  Every 3 years, beginning in 2001, The

 9  department, in consultation with the Medicaid program in the

10  Agency for Health Care Administration and the Florida

11  Substance Abuse and Mental Health Corporation, shall prepare a

12  state master plan for the delivery and financing of a system

13  of publicly funded, community-based substance abuse and mental

14  health services throughout the state. The state plan must

15  include:

16         (b)  The initial plan must include an assessment of the

17  clinical practice guidelines and standards for community-based

18  mental health and substance abuse services delivered by

19  persons or agencies under contract with the Department of

20  Children and Family Services. The assessment must include an

21  inventory of current clinical guidelines and standards used by

22  persons and agencies under contract with the department, and

23  by nationally recognized accreditation organizations, to

24  address the quality of care and must specify additional

25  clinical practice standards and guidelines for new or existing

26  services and programs.

27         (a)(c)  Proposed The plan must propose changes in

28  department policy or statutory revisions to strengthen the

29  quality of mental health and substance abuse treatment and

30  support services.

31  

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 1         (b)(d)  The plan must identify Strategies for meeting

 2  the treatment and support needs of children, adolescents,

 3  adults, and older adults who have, or are at risk of having,

 4  mental, emotional, or substance abuse problems as defined in

 5  this chapter or chapter 397.

 6         (c)(e)  The plan must include Input from persons who

 7  represent local communities; local government entities that

 8  contribute funds to the local substance abuse and mental

 9  health treatment systems; consumers of publicly funded

10  substance abuse and mental health services, and their

11  families; and stakeholders interested in mental health and

12  substance abuse services. The plan must describe the means by

13  which this local input occurred. The plan shall be updated

14  annually.

15         (f)  The plan must include statewide policies and

16  planning parameters that will be used by the health and human

17  services boards in preparing the district substance abuse and

18  mental health plans.

19         (g)  The district plans shall be one component of the

20  state master plan.

21         (2)  The state master plan shall also include:

22         (a)  A proposal for the development of a data system

23  that will evaluate the effectiveness of programs and services

24  provided to clients of the substance abuse and mental health

25  service system.

26         (b)  A proposal to resolve the funding discrepancies

27  between districts.

28         (d)(c)  A methodology for the allocation of resources

29  available from federal, state, and local sources and a

30  description of the current level of funding available from

31  each source.

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 1         (e)(d)  A description of the statewide priorities for

 2  clients and services, and each district's priorities for

 3  clients and services.

 4         (e)  Recommendations for methods of enhancing local

 5  participation in the planning, organization, and financing of

 6  substance abuse and mental health services.

 7         (f)  A description of the current methods of

 8  contracting for services, an assessment of the efficiency of

 9  these methods in providing accountability for contracted

10  funds, and recommendations for improvements to the system of

11  contracting.

12         (f)(g)  Recommendations for improving access to

13  services by clients and their families.

14         (h)  Guidelines and formats for the development of

15  district plans.

16         (g)(i)  Recommendations for future directions for the

17  substance abuse and mental health service delivery system.

18         (2)  A schedule, format, and procedure for development,

19  and review, and update of the state master plan shall be

20  adopted by the department by June of each year. The plan and

21  annual updates shall must be submitted to the Governor and the

22  Legislature beginning February 10, 2006, and every 3rd year

23  thereafter President of the Senate and the Speaker of the

24  House of Representatives by January 1 of each year, beginning

25  January 1, 2001.

26         (3)  Each The district health and human services board

27  shall prepare an integrated district substance abuse and

28  mental health plan. The plan shall be prepared and updated on

29  a schedule established by the Assistant Secretary for

30  Substance Abuse Alcohol, Drug Abuse, and Mental Health Program

31  Office. The plan shall reflect the needs and program

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 1  priorities established by the department and the needs of the

 2  district established under ss. 394.674 and 394.675. The

 3  district plan must list in order of priority the mental health

 4  and the substance abuse treatment needs of the district and

 5  must rank each program separately. The plan shall include:

 6         (a)  A record of the total amount of money available in

 7  the district for mental health and substance abuse services.

 8         (b)  A description of each service that will be

 9  purchased with state funds.

10         (c)  A record of the amount of money allocated for each

11  service identified in the plan as being purchased with state

12  funds.

13         (d)  A record of the total funds allocated to each

14  provider.

15         (e)  A record of the total funds allocated to each

16  provider by type of service to be purchased with state funds.

17         (a)(f)  Input from community-based persons,

18  organizations, and agencies interested in substance abuse and

19  mental health treatment services; local government entities

20  that contribute funds to the public substance abuse and mental

21  health treatment systems; and consumers of publicly funded

22  substance abuse and mental health services, and their family

23  members. The plan must describe the means by which this local

24  input occurred.

25  

26  The plan shall be submitted by the district board to the

27  district administrator and to the governing bodies for review,

28  comment, and approval.

29         (4)  The district plan shall:

30         (a)  Describe the publicly funded, community-based

31  substance abuse and mental health system of care, and identify

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 1  statutorily defined populations, their service needs, and the

 2  resources available and required to meet their needs.

 3         (b)  Provide the means for meeting the needs of the

 4  district's eligible clients, specified in ss. 394.674 and

 5  394.675, for substance abuse and mental health services.

 6         (b)(c)  Provide a process for coordinating the delivery

 7  of services within a community-based system of care to

 8  eligible clients. Such process must involve service providers,

 9  clients, and other stakeholders. The process must also provide

10  a means by which providers will coordinate and cooperate to

11  strengthen linkages, achieve maximum integration of services,

12  foster efficiencies in service delivery and administration,

13  and designate responsibility for outcomes for eligible

14  clients.

15         (c)(d)  Provide a projection of district program and

16  fiscal needs for the next fiscal year, provide for the orderly

17  and economical development of needed services, and indicate

18  priorities and resources for each population served,

19  performance outcomes, and anticipated expenditures and

20  revenues.

21         (e)  Include a summary budget request for the total

22  district substance abuse and mental health program, which must

23  include the funding priorities established by the district

24  planning process.

25         (f)  Provide a basis for the district legislative

26  budget request.

27         (g)  Include a policy and procedure for allocation of

28  funds.

29         (h)  Include a procedure for securing local matching

30  funds. Such a procedure shall be developed in consultation

31  with governing bodies and service providers.

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 1         (d)(i)  Provide for the integration of substance abuse

 2  and mental health services with the other departmental

 3  programs and with the criminal justice, juvenile justice,

 4  child protection, school, and health care systems within the

 5  district.

 6         (j)  Provide a plan for the coordination of services in

 7  such manner as to ensure effectiveness and avoid duplication,

 8  fragmentation of services, and unnecessary expenditures.

 9         (e)(k)  Provide for continuity of client care between

10  state treatment facilities and community programs to assure

11  that discharge planning results in the rapid application for

12  all benefits for which a client is eligible, including

13  Medicaid coverage for persons leaving state treatment

14  facilities and returning to community-based programs.

15         (l)  Provide for the most appropriate and economical

16  use of all existing public and private agencies and personnel.

17         (m)  Provide for the fullest possible and most

18  appropriate participation by existing programs; state

19  hospitals and other hospitals; city, county, and state health

20  and family service agencies; drug abuse and alcoholism

21  programs; probation departments; physicians; psychologists;

22  social workers; marriage and family therapists; mental health

23  counselors; clinical social workers; public health nurses;

24  school systems; and all other public and private agencies and

25  personnel that are required to, or may agree to, participate

26  in the plan.

27         (n)  Include an inventory of all public and private

28  substance abuse and mental health resources within the

29  district, including consumer advocacy groups and self-help

30  groups known to the department.

31  

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 1         (4)(5)  The district plan shall address how substance

 2  abuse and mental health services will be provided and how a

 3  system of care for target populations will be provided given

 4  the resources available in the service district. The plan must

 5  include provisions for providing the most appropriate and

 6  current evidence-based services for persons with substance

 7  abuse disorders and mental illnesses in a variety of settings

 8  maximizing client access to the most recently developed

 9  psychiatric medications approved by the United States Food and

10  Drug Administration, for developing independent housing units

11  through participation in the Section 811 program operated by

12  the United States Department of Housing and Urban Development,

13  for developing supported employment services through the

14  Division of Vocational Rehabilitation of the Department of

15  Education, for providing treatment services to persons with

16  co-occurring mental illness and substance abuse problems which

17  are integrated across treatment systems, and for providing

18  services to adults who have a serious mental illness, as

19  defined in s. 394.67, and who reside in assisted living

20  facilities.

21         (6)  The district plan shall provide the means by which

22  the needs of the population groups specified pursuant to s.

23  394.674 will be addressed in the district.

24         (7)  In developing the district plan, optimum use shall

25  be made of any federal, state, and local funds that may be

26  available for substance abuse and mental health service

27  planning. However, the department must provide these services

28  within legislative appropriations.

29         (8)  The district health and human services board shall

30  establish a subcommittee to prepare the portion of the

31  district plan relating to children and adolescents. The

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 1  subcommittee shall include representative membership of any

 2  committee organized or established by the district to review

 3  placement of children and adolescents in residential treatment

 4  programs. The board shall establish a subcommittee to prepare

 5  the portion of the district plan which relates to adult mental

 6  health and substance abuse. The subcommittee must include

 7  representatives from the community who have an interest in

 8  mental health and substance abuse treatment for adults.

 9         (5)(9)  All departments of state government and all

10  local public agencies shall cooperate with officials to assist

11  them in service planning. Each district administrator shall,

12  upon request and the availability of staff, provide

13  consultative services to the local agency directors and

14  governing bodies.

15         (10)  The district administrator shall ensure that the

16  district plan:

17         (a)  Conforms to the priorities in the state plan, the

18  requirements of this part, and the standards adopted under

19  this part;

20         (b)  Ensures that the most effective and economical use

21  will be made of available public and private substance abuse

22  and mental health resources in the service district; and

23         (c)  Has adequate provisions made for review and

24  evaluation of the services provided in the service district.

25         (11)  The district administrator shall require such

26  modifications in the district plan as he or she deems

27  necessary to bring the plan into conformance with the

28  provisions of this part. If the district board and the

29  district administrator cannot agree on the plan, including the

30  projected budget, the issues under dispute shall be submitted

31  

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 1  directly to the secretary of the department for immediate

 2  resolution.

 3         (12)  Each governing body that provides local funds has

 4  the authority to require necessary modification to only that

 5  portion of the district plan which affects substance abuse and

 6  mental health programs and services within the jurisdiction of

 7  that governing body.

 8         (13)  The district administrator shall report annually

 9  to the district board the status of funding for priorities

10  established in the district plan.  Each report must include:

11         (a)  A description of the district plan priorities that

12  were included in the district legislative budget request.

13         (b)  A description of the district plan priorities that

14  were included in the departmental budget request.

15         (c)  A description of the programs and services

16  included in the district plan priorities that were

17  appropriated funds by the Legislature in the legislative

18  session that preceded the report.

19         Section 89.  Section 394.82, Florida Statutes, is

20  repealed.

21         Section 90.  Paragraph (a) of subsection (4), paragraph

22  (h) of subsection (7), and subsection (8) of section 394.9082,

23  Florida Statutes, are amended to read:

24         394.9082  Behavioral health service delivery

25  strategies.--

26         (4)  CONTRACT FOR SERVICES.--

27         (a)  The Department of Children and Family Services and

28  the Agency for Health Care Administration may contract for the

29  provision or management of behavioral health services with a

30  managing entity in at least two geographic areas. Both the

31  Department of Children and Family Services and the Agency for

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 1  Health Care Administration must contract with the same

 2  managing entity in any distinct geographic area where the

 3  strategy operates. This managing entity shall be accountable

 4  at a minimum for the delivery of behavioral health services

 5  specified and funded by the department and the agency. The

 6  geographic area must be of sufficient size in population and

 7  have enough public funds for behavioral health services to

 8  allow for flexibility and maximum efficiency. Notwithstanding

 9  the provisions of s. 409.912(4)(b)1., At least one service

10  delivery strategy must be in one of the service districts in

11  the catchment area of G. Pierce Wood Memorial Hospital.

12         (7)  ESSENTIAL ELEMENTS.--

13         (h)1.  The Department of Children and Family Services,

14  in consultation with the Agency for Health Care

15  Administration, shall prepare an amendment by October 31,

16  2001, to the 2001 master state plan required under s.

17  394.75(1), which describes each service delivery strategy,

18  including at least the following details:

19         a.  Operational design;

20         b.  Counties or service districts included in each

21  strategy;

22         c.  Expected outcomes; and

23         d.  Timeframes.

24         2.  The amendment shall specifically address the

25  application of each service delivery strategy to substance

26  abuse services, including:

27         a.  The development of substance abuse service

28  protocols;

29         b.  Credentialing requirements for substance abuse

30  services; and

31  

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 1         c.  The development of new service models for

 2  individuals with co-occurring mental health and substance

 3  abuse disorders.

 4         3.  The amendment must specifically address the

 5  application of each service delivery strategy to the child

 6  welfare system, including:

 7         a.  The development of service models that support

 8  working with both children and their families in a

 9  community-based care system and that are specific to the child

10  welfare system.

11         b.  A process for providing services to abused and

12  neglected children and their families as indicated in

13  court-ordered case plans.

14         (8)  EXPANSION IN DISTRICTS 4 AND 12.--The department

15  shall work with community agencies to establish a single

16  managing entity for districts 4 and 12 accountable for the

17  delivery of substance abuse services to child protective

18  services recipients in the two districts. The purpose of this

19  strategy is to enhance the coordination of substance abuse

20  services with community-based care agencies and the

21  department. The department shall work with affected

22  stakeholders to develop and implement a plan that allows the

23  phase-in of services beginning with the delivery of substance

24  abuse services, with phase-in of subsequent substance abuse

25  services agreed upon by the managing entity and authorized by

26  the department, providing the necessary technical assistance

27  to assure provider and district readiness for implementation.

28  When a single managing entity is established and meets

29  readiness requirements, the department may enter into a

30  noncompetitive contract with the entity. The department shall

31  maintain detailed information on the methodology used for

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 1  selection and a justification for the selection. Performance

 2  objectives shall be developed which ensure that services that

 3  are delivered directly affect and complement the child's

 4  permanency plan. During the initial planning and

 5  implementation phase of this project, the requirements in

 6  subsections (6) and (7) are waived. Considering the critical

 7  substance abuse problems experienced by many families in the

 8  child protection system, the department shall initiate the

 9  implementation of the substance abuse delivery component of

10  this program without delay and furnish status reports to the

11  appropriate substantive committees of the Senate and the House

12  of Representatives no later than February 29, 2004, and

13  February 28, 2005. The integration of all services agreed upon

14  by the managing entity and authorized by the department must

15  be completed within 2 years after project initiation. Ongoing

16  monitoring and evaluation of this strategy shall be conducted

17  in accordance with subsection (9).

18         Section 91.  Section 394.9083, Florida Statutes, is

19  repealed.

20         Section 92.  Subsections (1) and (20) of section

21  397.321, Florida Statutes, are repealed.

22         Section 93.  Subsection (4) of section 397.333, Florida

23  Statutes, is amended to read:

24         397.333  Statewide Drug Policy Advisory Council.--

25         (4)(a)  The chairperson of the advisory council shall

26  appoint workgroups that include members of state agencies that

27  are not represented on the advisory council and shall solicit

28  input and recommendations from those state agencies. In

29  addition, the chairperson may appoint workgroups as necessary

30  from among the members of the advisory council in order to

31  efficiently address specific issues. A representative of a

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 1  state agency appointed to any workgroup shall be the head of

 2  the agency, or his or her designee. The chairperson may

 3  designate lead and contributing agencies within a workgroup.

 4         (b)  The advisory council shall submit a report to the

 5  Governor, the President of the Senate, and the Speaker of the

 6  House of Representatives by December 1 of each year which

 7  contains a summary of the work of the council during that year

 8  and the recommendations required under subsection (3). Interim

 9  reports may be submitted at the discretion of the chairperson

10  of the advisory council.

11         Section 94.  Subsection (1) of section 397.94, Florida

12  Statutes, is repealed.

13         Section 95.  Paragraph (f) of subsection (2) of section

14  400.0067, Florida Statutes, is amended to read:

15         400.0067  State Long-Term Care Ombudsman Council;

16  duties; membership.--

17         (2)  The State Long-Term Care Ombudsman Council shall:

18         (f)  Prepare an annual report describing the activities

19  carried out by the ombudsman, and the State Long-Term Care

20  Ombudsman Council, and the local councils in the year for

21  which the report is prepared.  The State Long-Term Care

22  Ombudsman Council shall submit the report to the Secretary of

23  Elderly Affairs. The secretary shall in turn submit the report

24  to the Commissioner of the United States Administration on

25  Aging, the Governor, the Legislature President of the Senate,

26  the Speaker of the House of Representatives, the minority

27  leaders of the House and Senate, the chairpersons of

28  appropriate House and Senate committees, the Secretary of

29  Children and Family Services, and the Secretary of Health Care

30  Administration.  The report shall be submitted by the

31  Secretary of Elderly Affairs at least 30 days before the

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 1  convening of the regular session of the Legislature and shall,

 2  at a minimum:

 3         1.  Contain and analyze data collected concerning

 4  complaints about and conditions in long-term care facilities

 5  and the disposition of those complaints.

 6         2.  Evaluate the problems experienced by residents of

 7  long-term care facilities.

 8         3.  Contain recommendations for improving the quality

 9  of life of the residents and for protecting the health,

10  safety, welfare, and rights of the residents.

11         4.  Analyze the success of the ombudsman program during

12  the preceding year and identify the barriers that prevent the

13  optimal operation of the program.  The report of the program's

14  successes shall also include address the relationship between

15  the state long-term care ombudsman program, the Department of

16  Elderly Affairs, the Agency for Health Care Administration,

17  and the Department of Children and Family Services, and an

18  assessment of how successfully the state long-term care

19  ombudsman program has carried out its responsibilities under

20  the Older Americans Act.

21         5.  Provide policy and regulatory and legislative

22  recommendations to solve identified problems; resolve

23  residents' complaints; improve the quality of care and life of

24  the residents; protect the health, safety, welfare, and rights

25  of the residents; and remove the barriers to the optimal

26  operation of the state long-term care ombudsman program.

27         6.  Contain recommendations from the local ombudsman

28  councils regarding program functions and activities.

29         7.  Include a report on the activities of the legal

30  advocate and other legal advocates acting on behalf of the

31  local and state councils.

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 1         Section 96.  Subsection (3) of section 400.0075,

 2  Florida Statutes, is repealed.

 3         Section 97.  Section 400.0089, Florida Statutes, is

 4  amended to read:

 5         400.0089  Complaint Agency reports.--The Office of

 6  State Long-Term Care Ombudsman Department of Elderly Affairs

 7  shall maintain a statewide uniform reporting system to collect

 8  and analyze data relating to complaints and conditions in

 9  long-term care facilities and to residents, for the purpose of

10  identifying and resolving significant problems. The department

11  and the State Long-Term Care Ombudsman Council shall submit

12  such data as part of its annual report required pursuant to s.

13  400.0067(2)(f) to the Agency for Health Care Administration,

14  the Department of Children and Family Services, the Florida

15  Statewide Advocacy Council, the Advocacy Center for Persons

16  with Disabilities, the Commissioner for the United States

17  Administration on Aging, the National Ombudsman Resource

18  Center, and any other state or federal entities that the

19  ombudsman determines appropriate. The office State Long-Term

20  Care Ombudsman Council shall publish quarterly and make

21  readily available information pertaining to the number and

22  types of complaints received by the long-term care ombudsman

23  program and shall include such information in the annual

24  report required under s. 400.0067.

25         Section 98.  Subsection (2) of section 400.148, Florida

26  Statutes, is repealed.

27         Section 99.  Paragraph (b) of subsection (3) of section

28  400.407, Florida Statutes, is amended to read:

29         400.407  License required; fee, display.--

30         (3)  Any license granted by the agency must state the

31  maximum resident capacity of the facility, the type of care

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 1  for which the license is granted, the date the license is

 2  issued, the expiration date of the license, and any other

 3  information deemed necessary by the agency. Licenses shall be

 4  issued for one or more of the following categories of care:

 5  standard, extended congregate care, limited nursing services,

 6  or limited mental health.

 7         (b)  An extended congregate care license shall be

 8  issued to facilities providing, directly or through contract,

 9  services beyond those authorized in paragraph (a), including

10  acts performed pursuant to part I of chapter 464 by persons

11  licensed thereunder, and supportive services defined by rule

12  to persons who otherwise would be disqualified from continued

13  residence in a facility licensed under this part.

14         1.  In order for extended congregate care services to

15  be provided in a facility licensed under this part, the agency

16  must first determine that all requirements established in law

17  and rule are met and must specifically designate, on the

18  facility's license, that such services may be provided and

19  whether the designation applies to all or part of a facility.

20  Such designation may be made at the time of initial licensure

21  or relicensure, or upon request in writing by a licensee under

22  this part. Notification of approval or denial of such request

23  shall be made within 90 days after receipt of such request and

24  all necessary documentation. Existing facilities qualifying to

25  provide extended congregate care services must have maintained

26  a standard license and may not have been subject to

27  administrative sanctions during the previous 2 years, or since

28  initial licensure if the facility has been licensed for less

29  than 2 years, for any of the following reasons:

30         a.  A class I or class II violation;

31  

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 1         b.  Three or more repeat or recurring class III

 2  violations of identical or similar resident care standards as

 3  specified in rule from which a pattern of noncompliance is

 4  found by the agency;

 5         c.  Three or more class III violations that were not

 6  corrected in accordance with the corrective action plan

 7  approved by the agency;

 8         d.  Violation of resident care standards resulting in a

 9  requirement to employ the services of a consultant pharmacist

10  or consultant dietitian;

11         e.  Denial, suspension, or revocation of a license for

12  another facility under this part in which the applicant for an

13  extended congregate care license has at least 25 percent

14  ownership interest; or

15         f.  Imposition of a moratorium on admissions or

16  initiation of injunctive proceedings.

17         2.  Facilities that are licensed to provide extended

18  congregate care services shall maintain a written progress

19  report on each person who receives such services, which report

20  describes the type, amount, duration, scope, and outcome of

21  services that are rendered and the general status of the

22  resident's health.  A registered nurse, or appropriate

23  designee, representing the agency shall visit such facilities

24  at least quarterly to monitor residents who are receiving

25  extended congregate care services and to determine if the

26  facility is in compliance with this part and with rules that

27  relate to extended congregate care. One of these visits may be

28  in conjunction with the regular survey.  The monitoring visits

29  may be provided through contractual arrangements with

30  appropriate community agencies.  A registered nurse shall

31  serve as part of the team that inspects such facility. The

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 1  agency may waive one of the required yearly monitoring visits

 2  for a facility that has been licensed for at least 24 months

 3  to provide extended congregate care services, if, during the

 4  inspection, the registered nurse determines that extended

 5  congregate care services are being provided appropriately, and

 6  if the facility has no class I or class II violations and no

 7  uncorrected class III violations. Before such decision is

 8  made, the agency shall consult with the long-term care

 9  ombudsman council for the area in which the facility is

10  located to determine if any complaints have been made and

11  substantiated about the quality of services or care.  The

12  agency may not waive one of the required yearly monitoring

13  visits if complaints have been made and substantiated.

14         3.  Facilities that are licensed to provide extended

15  congregate care services shall:

16         a.  Demonstrate the capability to meet unanticipated

17  resident service needs.

18         b.  Offer a physical environment that promotes a

19  homelike setting, provides for resident privacy, promotes

20  resident independence, and allows sufficient congregate space

21  as defined by rule.

22         c.  Have sufficient staff available, taking into

23  account the physical plant and firesafety features of the

24  building, to assist with the evacuation of residents in an

25  emergency, as necessary.

26         d.  Adopt and follow policies and procedures that

27  maximize resident independence, dignity, choice, and

28  decisionmaking to permit residents to age in place to the

29  extent possible, so that moves due to changes in functional

30  status are minimized or avoided.

31  

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 1         e.  Allow residents or, if applicable, a resident's

 2  representative, designee, surrogate, guardian, or attorney in

 3  fact to make a variety of personal choices, participate in

 4  developing service plans, and share responsibility in

 5  decisionmaking.

 6         f.  Implement the concept of managed risk.

 7         g.  Provide, either directly or through contract, the

 8  services of a person licensed pursuant to part I of chapter

 9  464.

10         h.  In addition to the training mandated in s. 400.452,

11  provide specialized training as defined by rule for facility

12  staff.

13         4.  Facilities licensed to provide extended congregate

14  care services are exempt from the criteria for continued

15  residency as set forth in rules adopted under s. 400.441.

16  Facilities so licensed shall adopt their own requirements

17  within guidelines for continued residency set forth by the

18  department in rule. However, such facilities may not serve

19  residents who require 24-hour nursing supervision. Facilities

20  licensed to provide extended congregate care services shall

21  provide each resident with a written copy of facility policies

22  governing admission and retention.

23         5.  The primary purpose of extended congregate care

24  services is to allow residents, as they become more impaired,

25  the option of remaining in a familiar setting from which they

26  would otherwise be disqualified for continued residency.  A

27  facility licensed to provide extended congregate care services

28  may also admit an individual who exceeds the admission

29  criteria for a facility with a standard license, if the

30  individual is determined appropriate for admission to the

31  extended congregate care facility.

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 1         6.  Before admission of an individual to a facility

 2  licensed to provide extended congregate care services, the

 3  individual must undergo a medical examination as provided in

 4  s. 400.426(4) and the facility must develop a preliminary

 5  service plan for the individual.

 6         7.  When a facility can no longer provide or arrange

 7  for services in accordance with the resident's service plan

 8  and needs and the facility's policy, the facility shall make

 9  arrangements for relocating the person in accordance with s.

10  400.428(1)(k).

11         8.  Failure to provide extended congregate care

12  services may result in denial of extended congregate care

13  license renewal.

14         9.  No later than January 1 of each year, the

15  department, in consultation with the agency, shall prepare and

16  submit to the Governor, the President of the Senate, the

17  Speaker of the House of Representatives, and the chairs of

18  appropriate legislative committees, a report on the status of,

19  and recommendations related to, extended congregate care

20  services. The status report must include, but need not be

21  limited to, the following information:

22         a.  A description of the facilities licensed to provide

23  such services, including total number of beds licensed under

24  this part.

25         b.  The number and characteristics of residents

26  receiving such services.

27         c.  The types of services rendered that could not be

28  provided through a standard license.

29         d.  An analysis of deficiencies cited during licensure

30  inspections.

31  

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 1         e.  The number of residents who required extended

 2  congregate care services at admission and the source of

 3  admission.

 4         f.  Recommendations for statutory or regulatory

 5  changes.

 6         g.  The availability of extended congregate care to

 7  state clients residing in facilities licensed under this part

 8  and in need of additional services, and recommendations for

 9  appropriations to subsidize extended congregate care services

10  for such persons.

11         h.  Such other information as the department considers

12  appropriate.

13         Section 100.  Subsection (13) of section 400.419,

14  Florida Statutes, is amended to read:

15         400.419  Violations; imposition of administrative

16  fines; grounds.--

17         (13)  The agency shall develop and disseminate an

18  annual list of all facilities sanctioned or fined $5,000 or

19  more for violations of state standards, the number and class

20  of violations involved, the penalties imposed, and the current

21  status of cases. The list shall be disseminated, at no charge,

22  to the Department of Elderly Affairs, the Department of

23  Health, the Department of Children and Family Services, the

24  Agency for Persons with Disabilities, the area agencies on

25  aging, the Florida Statewide Advocacy Council, and the state

26  and local ombudsman councils. The Department of Children and

27  Family Services shall disseminate the list to service

28  providers under contract to the department who are responsible

29  for referring persons to a facility for residency. The agency

30  may charge a fee commensurate with the cost of printing and

31  

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 1  postage to other interested parties requesting a copy of this

 2  list.

 3         Section 101.  Subsection (2) of section 400.967,

 4  Florida Statutes, is amended to read:

 5         400.967  Rules and classification of deficiencies.--

 6         (2)  Pursuant to the intention of the Legislature, the

 7  agency, in consultation with the Agency for Persons with

 8  Disabilities Department of Children and Family Services and

 9  the Department of Elderly Affairs, shall adopt and enforce

10  rules to administer this part, which shall include reasonable

11  and fair criteria governing:

12         (a)  The location and construction of the facility;

13  including fire and life safety, plumbing, heating, cooling,

14  lighting, ventilation, and other housing conditions that will

15  ensure the health, safety, and comfort of residents. The

16  agency shall establish standards for facilities and equipment

17  to increase the extent to which new facilities and a new wing

18  or floor added to an existing facility after July 1, 2000, are

19  structurally capable of serving as shelters only for

20  residents, staff, and families of residents and staff, and

21  equipped to be self-supporting during and immediately

22  following disasters. The Agency for Health Care Administration

23  shall work with facilities licensed under this part and report

24  to the Governor and the Legislature by April 1, 2000, its

25  recommendations for cost-effective renovation standards to be

26  applied to existing facilities. In making such rules, the

27  agency shall be guided by criteria recommended by nationally

28  recognized, reputable professional groups and associations

29  having knowledge concerning such subject matters. The agency

30  shall update or revise such criteria as the need arises. All

31  facilities must comply with those lifesafety code requirements

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 1  and building code standards applicable at the time of approval

 2  of their construction plans. The agency may require

 3  alterations to a building if it determines that an existing

 4  condition constitutes a distinct hazard to life, health, or

 5  safety. The agency shall adopt fair and reasonable rules

 6  setting forth conditions under which existing facilities

 7  undergoing additions, alterations, conversions, renovations,

 8  or repairs are required to comply with the most recent updated

 9  or revised standards.

10         (b)  The number and qualifications of all personnel,

11  including management, medical nursing, and other personnel,

12  having responsibility for any part of the care given to

13  residents.

14         (c)  All sanitary conditions within the facility and

15  its surroundings, including water supply, sewage disposal,

16  food handling, and general hygiene, which will ensure the

17  health and comfort of residents.

18         (d)  The equipment essential to the health and welfare

19  of the residents.

20         (e)  A uniform accounting system.

21         (f)  The care, treatment, and maintenance of residents

22  and measurement of the quality and adequacy thereof.

23         (g)  The preparation and annual update of a

24  comprehensive emergency management plan. The agency shall

25  adopt rules establishing minimum criteria for the plan after

26  consultation with the Department of Community Affairs. At a

27  minimum, the rules must provide for plan components that

28  address emergency evacuation transportation; adequate

29  sheltering arrangements; postdisaster activities, including

30  emergency power, food, and water; postdisaster transportation;

31  supplies; staffing; emergency equipment; individual

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 1  identification of residents and transfer of records; and

 2  responding to family inquiries. The comprehensive emergency

 3  management plan is subject to review and approval by the local

 4  emergency management agency. During its review, the local

 5  emergency management agency shall ensure that the following

 6  agencies, at a minimum, are given the opportunity to review

 7  the plan: the Department of Elderly Affairs, the Agency for

 8  Persons with Disabilities Department of Children and Family

 9  Services, the Agency for Health Care Administration, and the

10  Department of Community Affairs. Also, appropriate volunteer

11  organizations must be given the opportunity to review the

12  plan. The local emergency management agency shall complete its

13  review within 60 days and either approve the plan or advise

14  the facility of necessary revisions.

15         (h)  Each licensee shall post its license in a

16  prominent place that is in clear and unobstructed public view

17  at or near the place where residents are being admitted to the

18  facility.

19         Section 102.  Paragraph (c) of subsection (1) of

20  section 402.73, Florida Statutes, is amended to read:

21         402.73  Contracting and performance standards.--

22         (1)  The Department of Children and Family Services

23  shall establish performance standards for all contracted

24  client services. Notwithstanding s. 287.057(5)(f), the

25  department must competitively procure any contract for client

26  services when any of the following occurs:

27         (c)  The department has concluded, after reviewing

28  market prices and available treatment options, that there is

29  evidence that the department can improve the performance

30  outcomes produced by its contract resources. At a minimum, the

31  department shall review market prices and available treatment

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 1  options biennially. The department shall compile the results

 2  of the biennial review and include the results in its annual

 3  performance report to the Legislature pursuant to chapter

 4  94-249, Laws of Florida. The department shall provide notice

 5  and an opportunity for public comment on its review of market

 6  prices and available treatment options.

 7         Section 103.  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 104.  Section 403.756, Florida Statutes, is

24  repealed.

25         Section 105.  Paragraph (b) of subsection (3) and

26  subsection (5) of section 403.7895, Florida Statutes, are

27  amended to read:

28         403.7895  Requirements for the permitting and

29  certification of commercial hazardous waste incinerators.--

30         (3)  CERTIFICATION OF NEED.--

31  

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 1         (b)  The board shall make a determination of the need

 2  for hazardous waste incinerators, based upon the best

 3  available evidence of existing and projected need and

 4  available capacity, as presented by the applicant, and as

 5  determined by the study required by subsection (5).

 6         (5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--

 7         (a)  The department shall conduct, by November 1, 1994,

 8  or the date by which phase 2 of the next capacity assurance

 9  plan must be submitted to the United States Environmental

10  Protection Agency, whichever date occurs first, a

11  comprehensive independent study of the current and future need

12  for hazardous waste incineration in the state.  The study

13  shall evaluate the projected statewide capacity needs for a

14  20-year period.  The study shall be updated at least every 5

15  years.

16         (b)  The department shall consult with state and

17  nationally recognized experts in the field of hazardous waste

18  management, including representatives from state and federal

19  agencies, industry, local government, environmental groups,

20  universities, and other interested parties.

21         (c)  The study components shall include but not be

22  limited to the following:

23         1.  Existing and projected sources, amounts, and types

24  of hazardous waste in the state for which incineration is an

25  appropriate treatment alternative, taking into account all

26  applicable federal regulations on the disposal, storage and

27  treatment or definition of hazardous waste.

28         2.  Existing and projected hazardous waste incinerator

29  capacity in the state and the nation.

30  

31  

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 1         3.  Existing and projected hazardous waste incineration

 2  capacity in boilers and industrial furnaces in the state and

 3  the nation.

 4         4.  Existing and projected hazardous waste incineration

 5  needs, specifically taking into account the impacts of

 6  pollution prevention, recycling, and other waste reduction

 7  strategies.

 8         5.  Any other impacts associated with construction of

 9  excess hazardous waste incineration capacity in this state.

10         (d)  Upon completion of the study, the department shall

11  present its findings and make recommendations to the board and

12  the Legislature regarding changes in state hazardous waste

13  policies and management strategies.  The recommendations shall

14  address the advisability of establishing by statute the

15  maximum capacity for hazardous waste incineration in this

16  state.

17         Section 106.  Paragraph (a) of subsection (4) of

18  section 406.02, Florida Statutes, is repealed.

19         Section 107.  Paragraph (g) of subsection (1) of

20  section 408.033, Florida Statutes, is amended to read:

21         408.033  Local and state health planning.--

22         (1)  LOCAL HEALTH COUNCILS.--

23         (g)  Each local health council is authorized to accept

24  and receive, in furtherance of its health planning functions,

25  funds, grants, and services from governmental agencies and

26  from private or civic sources and to perform studies related

27  to local health planning in exchange for such funds, grants,

28  or services. Each local health council shall, no later than

29  January 30 of each year, render an accounting of the receipt

30  and disbursement of such funds received by it to the

31  Department of Health. The department shall consolidate all

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 1  such reports and submit such consolidated report to the

 2  Legislature no later than March 1 of each year.

 3         Section 108.  Subsection (4) of section 408.914,

 4  Florida Statutes, is repealed.

 5         Section 109.  Paragraph (i) of subsection (3) of

 6  section 408.915, Florida Statutes, is repealed.

 7         Section 110.  Section 408.917, Florida Statutes, is

 8  repealed.

 9         Section 111.  Paragraph (b) of subsection (7) of

10  section 409.1451, Florida Statutes, is amended to read:

11         409.1451  Independent living transition services.--

12         (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The

13  Secretary of Children and Family Services shall establish the

14  Independent Living Services Advisory Council for the purpose

15  of reviewing and making recommendations concerning the

16  implementation and operation of the independent living

17  transition services. This advisory council shall continue to

18  function as specified in this subsection until the Legislature

19  determines that the advisory council can no longer provide a

20  valuable contribution to the department's efforts to achieve

21  the goals of the independent living transition services.

22         (b)  The advisory council shall report to the secretary

23  appropriate substantive committees of the Senate and the House

24  of Representatives on the status of the implementation of the

25  system of independent living transition services; efforts to

26  publicize the availability of aftercare support services, the

27  Road-to-Independence Scholarship Program, and transitional

28  support services; specific barriers to financial aid created

29  by the scholarship and possible solutions; the success of the

30  services; problems identified; recommendations for department

31  or legislative action; and the department's implementation of

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 1  the recommendations contained in the Independent Living

 2  Services Integration Workgroup Report submitted to the Senate

 3  and the House substantive committees December 31, 2002. The

 4  department shall submit a report by December 31 of each year

 5  to the Governor and Legislature This advisory council report

 6  shall be submitted by December 31 of each year that the

 7  council is in existence and shall be accompanied by a report

 8  from the department which includes a summary of the factors

 9  reported on by the council and identifies the recommendations

10  of the advisory council and either describes the department's

11  actions to implement these recommendations or provides the

12  department's rationale for not implementing the

13  recommendations.

14         Section 112.  Section 409.146, Florida Statutes, is

15  repealed.

16         Section 113.  Section 409.152, Florida Statutes, is

17  repealed.

18         Section 114.  Subsection (1) of section 409.1679,

19  Florida Statutes, is repealed.

20         Section 115.  Paragraph (k) of subsection (4) of

21  section 409.221, Florida Statutes, is repealed.

22         Section 116.  Paragraph (a) of subsection (3) of

23  section 409.25575, Florida Statutes, is amended to read:

24         409.25575  Support enforcement; privatization.--

25         (3)(a)  The department shall establish a quality

26  assurance program for the privatization of services. The

27  quality assurance program must include standards for each

28  specific component of these services. The department shall

29  establish minimum thresholds for each component. Each program

30  operated pursuant to contract must be evaluated annually by

31  the department or by an objective competent entity designated

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 1  by the department under the provisions of the quality

 2  assurance program. The evaluation must be financed from cost

 3  savings associated with the privatization of services. The

 4  department shall submit an annual report regarding quality

 5  performance, outcome measure attainment, and cost efficiency

 6  to the President of the Senate, the Speaker of the House of

 7  Representatives, the Minority leader of each house of the

 8  Legislature, and the Governor no later than January 31 of each

 9  year, beginning in 1999. The quality assurance program must be

10  financed through administrative savings generated by this act.

11         Section 117.  Subsection (7) of section 409.2558,

12  Florida Statutes, is amended to read:

13         409.2558  Support distribution and disbursement.--

14         (7)  RULEMAKING AUTHORITY.--The department may adopt

15  rules to administer this section. The department shall provide

16  a draft of the proposed concepts for the rule for the

17  undistributable collections to interested parties for review

18  and recommendations prior to full development of the rule and

19  initiating the formal rule-development process. The department

20  shall consider but is not required to implement the

21  recommendations. The department shall provide a report to the

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

23  Representatives containing the recommendations received from

24  interested parties and the department's response regarding

25  incorporating the recommendations into the rule.

26         Section 118.  Section 409.2567, Florida Statutes, is

27  amended to read:

28         409.2567  Services to individuals not otherwise

29  eligible.--All support services provided by the department

30  shall be made available on behalf of all dependent children.

31  Services shall be provided upon acceptance of public

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 1  assistance or upon proper application filed with the

 2  department. The department shall adopt rules to provide for

 3  the payment of a $25 application fee from each applicant who

 4  is not a public assistance recipient. The application fee

 5  shall be deposited in the Child Support Enforcement

 6  Application and Program Revenue Trust Fund within the

 7  Department of Revenue to be used for the Child Support

 8  Enforcement Program. The obligor is responsible for all

 9  administrative costs, as defined in s. 409.2554. The court

10  shall order payment of administrative costs without requiring

11  the department to have a member of the bar testify or submit

12  an affidavit as to the reasonableness of the costs. An

13  attorney-client relationship exists only between the

14  department and the legal services providers in Title IV-D

15  cases. The attorney shall advise the obligee in Title IV-D

16  cases that the attorney represents the agency and not the

17  obligee. In Title IV-D cases, any costs, including filing

18  fees, recording fees, mediation costs, service of process

19  fees, and other expenses incurred by the clerk of the circuit

20  court, shall be assessed only against the nonprevailing

21  obligor after the court makes a determination of the

22  nonprevailing obligor's ability to pay such costs and fees. In

23  any case where the court does not award all costs, the court

24  shall state in the record its reasons for not awarding the

25  costs. The Department of Revenue shall not be considered a

26  party for purposes of this section; however, fees may be

27  assessed against the department pursuant to s. 57.105(1). The

28  department shall submit a monthly report to the Governor and

29  the chairs of the Health and Human Services Fiscal Committee

30  of the House of Representatives and the Ways and Means

31  Committee of the Senate specifying the funds identified for

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 1  collection from the noncustodial parents of children receiving

 2  temporary assistance and the amounts actually collected.

 3         Section 119.  Subsection (24) of section 409.906,

 4  Florida Statutes, is amended to read:

 5         409.906  Optional Medicaid services.--Subject to

 6  specific appropriations, the agency may make payments for

 7  services which are optional to the state under Title XIX of

 8  the Social Security Act and are furnished by Medicaid

 9  providers to recipients who are determined to be eligible on

10  the dates on which the services were provided. Any optional

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

15  agency. Nothing in this section shall be construed to prevent

16  or limit the agency from adjusting fees, reimbursement rates,

17  lengths of stay, number of visits, or number of services, or

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21  If necessary to safeguard the state's systems of providing

22  services to elderly and disabled persons and subject to the

23  notice and review provisions of s. 216.177, the Governor may

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled." Optional services may include:

28         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

29  Agency for Health Care Administration, in consultation with

30  the Department of Children and Family Services, may establish

31  a targeted case-management project in those counties

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 1  identified by the Department of Children and Family Services

 2  and for all counties with a community-based child welfare

 3  project, as authorized under s. 409.1671, which have been

 4  specifically approved by the department. Results of targeted

 5  case management projects shall be reported to the Social

 6  Services Estimating Conference established under s. 216.136.

 7  The covered group of individuals who are eligible to receive

 8  targeted case management include children who are eligible for

 9  Medicaid; who are between the ages of birth through 21; and

10  who are under protective supervision or postplacement

11  supervision, under foster-care supervision, or in shelter care

12  or foster care. The number of individuals who are eligible to

13  receive targeted case management shall be limited to the

14  number for whom the Department of Children and Family Services

15  has available matching funds to cover the costs. The general

16  revenue funds required to match the funds for services

17  provided by the community-based child welfare projects are

18  limited to funds available for services described under s.

19  409.1671. The Department of Children and Family Services may

20  transfer the general revenue matching funds as billed by the

21  Agency for Health Care Administration.

22         Section 120.  Subsection (4) of section 409.9065,

23  Florida Statutes, is amended to read:

24         409.9065  Pharmaceutical expense assistance.--

25         (4)  ADMINISTRATION.--The pharmaceutical expense

26  assistance program shall be administered by the agency, in

27  collaboration with the Department of Elderly Affairs and the

28  Department of Children and Family Services.

29         (a)  The agency shall, by rule, establish for the

30  pharmaceutical expense assistance program eligibility

31  requirements; limits on participation; benefit limitations,

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 1  including copayments; a requirement for generic drug

 2  substitution; and other program parameters comparable to those

 3  of the Medicaid program. Individuals eligible to participate

 4  in this program are not subject to the limit of four brand

 5  name drugs per month per recipient as specified in s.

 6  409.912(39)(a) s. 409.912(40)(a). There shall be no monetary

 7  limit on prescription drugs purchased with discounts of less

 8  than 51 percent unless the agency determines there is a risk

 9  of a funding shortfall in the program. If the agency

10  determines there is a risk of a funding shortfall, the agency

11  may establish monetary limits on prescription drugs which

12  shall not be less than $160 worth of prescription drugs per

13  month.

14         (b)  By January 1 of each year, the agency shall report

15  to the Legislature on the operation of the program. The report

16  shall include information on the number of individuals served,

17  use rates, and expenditures under the program. The report

18  shall also address the impact of the program on reducing unmet

19  pharmaceutical drug needs among the elderly and recommend

20  programmatic changes.

21         Section 121.  Section 409.91188, Florida Statutes, is

22  amended to read:

23         409.91188  Specialty prepaid health plans for Medicaid

24  recipients with HIV or AIDS.--The Agency for Health Care

25  Administration is authorized to contract with specialty

26  prepaid health plans and pay them on a prepaid capitated basis

27  to provide Medicaid benefits to Medicaid-eligible recipients

28  who have human immunodeficiency syndrome (HIV) or acquired

29  immunodeficiency syndrome (AIDS). The agency shall apply for

30  and is authorized to implement federal waivers or other

31  necessary federal authorization to implement the prepaid

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 1  health plans authorized by this section. The agency shall

 2  procure the specialty prepaid health plans through a

 3  competitive procurement. In awarding a contract to a managed

 4  care plan, the agency shall take into account price, quality,

 5  accessibility, linkages to community-based organizations, and

 6  the comprehensiveness of the benefit package offered by the

 7  plan. The agency may bid the HIV/AIDS specialty plans on a

 8  county, regional, or statewide basis. Qualified plans must be

 9  licensed under chapter 641. The agency shall monitor and

10  evaluate the implementation of this waiver program if it is

11  approved by the Federal Government and shall report on its

12  status to the President of the Senate and the Speaker of the

13  House of Representatives by February 1, 2001. To improve

14  coordination of medical care delivery and to increase cost

15  efficiency for the Medicaid program in treating HIV disease,

16  the agency for Health Care Administration shall seek all

17  necessary federal waivers to allow participation in the

18  Medipass HIV disease management program for Medicare

19  beneficiaries who test positive for HIV infection and who also

20  qualify for Medicaid benefits such as prescription medications

21  not covered by Medicare.

22         Section 122.  Paragraph (b) of subsection (4) and

23  subsections (5), (21), (29), (41), (44), and (49) of section

24  409.912, Florida Statutes, are amended to read:

25         409.912  Cost-effective purchasing of health care.--The

26  agency shall purchase goods and services for Medicaid

27  recipients in the most cost-effective manner consistent with

28  the delivery of quality medical care. To ensure that medical

29  services are effectively utilized, the agency may, in any

30  case, require a confirmation or second physician's opinion of

31  the correct diagnosis for purposes of authorizing future

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 1  services under the Medicaid program. This section does not

 2  restrict access to emergency services or poststabilization

 3  care services as defined in 42 C.F.R. part 438.114. Such

 4  confirmation or second opinion shall be rendered in a manner

 5  approved by the agency. The agency shall maximize the use of

 6  prepaid per capita and prepaid aggregate fixed-sum basis

 7  services when appropriate and other alternative service

 8  delivery and reimbursement methodologies, including

 9  competitive bidding pursuant to s. 287.057, designed to

10  facilitate the cost-effective purchase of a case-managed

11  continuum of care. The agency shall also require providers to

12  minimize the exposure of recipients to the need for acute

13  inpatient, custodial, and other institutional care and the

14  inappropriate or unnecessary use of high-cost services. The

15  agency may mandate prior authorization, drug therapy

16  management, or disease management participation for certain

17  populations of Medicaid beneficiaries, certain drug classes,

18  or particular drugs to prevent fraud, abuse, overuse, and

19  possible dangerous drug interactions. The Pharmaceutical and

20  Therapeutics Committee shall make recommendations to the

21  agency on drugs for which prior authorization is required. The

22  agency shall inform the Pharmaceutical and Therapeutics

23  Committee of its decisions regarding drugs subject to prior

24  authorization. The agency is authorized to limit the entities

25  it contracts with or enrolls as Medicaid providers by

26  developing a provider network through provider credentialing.

27  The agency may limit its network based on the assessment of

28  beneficiary access to care, provider availability, provider

29  quality standards, time and distance standards for access to

30  care, the cultural competence of the provider network,

31  demographic characteristics of Medicaid beneficiaries,

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 1  practice and provider-to-beneficiary standards, appointment

 2  wait times, beneficiary use of services, provider turnover,

 3  provider profiling, provider licensure history, previous

 4  program integrity investigations and findings, peer review,

 5  provider Medicaid policy and billing compliance records,

 6  clinical and medical record audits, and other factors.

 7  Providers shall not be entitled to enrollment in the Medicaid

 8  provider network. The agency is authorized to seek federal

 9  waivers necessary to implement this policy.

10         (4)  The agency may contract with:

11         (b)  An entity that is providing comprehensive

12  behavioral health care services to certain Medicaid recipients

13  through a capitated, prepaid arrangement pursuant to the

14  federal waiver provided for by s. 409.905(5). Such an entity

15  must be licensed under chapter 624, chapter 636, or chapter

16  641 and must possess the clinical systems and operational

17  competence to manage risk and provide comprehensive behavioral

18  health care to Medicaid recipients. As used in this paragraph,

19  the term "comprehensive behavioral health care services" means

20  covered mental health and substance abuse treatment services

21  that are available to Medicaid recipients. The secretary of

22  the Department of Children and Family Services shall approve

23  provisions of procurements related to children in the

24  department's care or custody prior to enrolling such children

25  in a prepaid behavioral health plan. Any contract awarded

26  under this paragraph must be competitively procured. In

27  developing the behavioral health care prepaid plan procurement

28  document, the agency shall ensure that the procurement

29  document must require requires the contractor to develop and

30  implement a plan to ensure compliance with s. 394.4574 related

31  to services provided to residents of licensed assisted living

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 1  facilities that hold a limited mental health license. Except

 2  as provided in subparagraph 8., the agency shall seek federal

 3  approval to contract with a single entity meeting these

 4  requirements to provide comprehensive behavioral health care

 5  services to all Medicaid recipients not enrolled in a managed

 6  care plan in an AHCA area. Each entity must offer sufficient

 7  choice of providers in its network to ensure recipient access

 8  to care and the opportunity to select a provider with whom

 9  they are satisfied. The network shall include all public

10  mental health hospitals. To ensure unimpaired access to

11  behavioral health care services by Medicaid recipients, all

12  contracts issued pursuant to this paragraph shall require 80

13  percent of the capitation paid to the managed care plan,

14  including health maintenance organizations, to be expended for

15  the provision of behavioral health care services. In the event

16  the managed care plan expends less than 80 percent of the

17  capitation paid pursuant to this paragraph for the provision

18  of behavioral health care services, the difference shall be

19  returned to the agency. The agency shall provide the managed

20  care plan with a certification letter indicating the amount of

21  capitation paid during each calendar year for the provision of

22  behavioral health care services pursuant to this section. The

23  agency may reimburse for substance abuse treatment services on

24  a fee-for-service basis until the agency finds that adequate

25  funds are available for capitated, prepaid arrangements.

26         1.  By January 1, 2001, the agency shall modify the

27  contracts with the entities providing comprehensive inpatient

28  and outpatient mental health care services to Medicaid

29  recipients in Hillsborough, Highlands, Hardee, Manatee, and

30  Polk Counties, to include substance abuse treatment services.

31  

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 1         2.  By July 1, 2003, the agency and the Department of

 2  Children and Family Services shall execute a written agreement

 3  that requires collaboration and joint development of all

 4  policy, budgets, procurement documents, contracts, and

 5  monitoring plans that have an impact on the state and Medicaid

 6  community mental health and targeted case management programs.

 7         1.3.  Except as provided in subparagraph 6. 8., by July

 8  1, 2006, the agency and the Department of Children and Family

 9  Services shall contract with managed care entities in each

10  AHCA area except area 6 or arrange to provide comprehensive

11  inpatient and outpatient mental health and substance abuse

12  services through capitated prepaid arrangements to all

13  Medicaid recipients who are eligible to participate in such

14  plans under federal law and regulation. In AHCA areas where

15  eligible individuals number less than 150,000, the agency

16  shall contract with a single managed care plan to provide

17  comprehensive behavioral health services to all recipients who

18  are not enrolled in a Medicaid health maintenance

19  organization. The agency may contract with more than one

20  comprehensive behavioral health provider to provide care to

21  recipients who are not enrolled in a Medicaid health

22  maintenance organization in AHCA areas where the eligible

23  population exceeds 150,000. Contracts for comprehensive

24  behavioral health providers awarded pursuant to this section

25  shall be competitively procured. Both for-profit and

26  not-for-profit corporations shall be eligible to compete.

27  Managed care plans contracting with the agency under

28  subsection (3) shall provide and receive payment for the same

29  comprehensive behavioral health benefits as provided in AHCA

30  rules, including handbooks incorporated by reference.

31  

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 1         4.  By October 1, 2003, the agency and the department

 2  shall submit a plan to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives which

 4  provides for the full implementation of capitated prepaid

 5  behavioral health care in all areas of the state.

 6         a.  Implementation shall begin in 2003 in those AHCA

 7  areas of the state where the agency is able to establish

 8  sufficient capitation rates.

 9         2.b.  If the agency determines that the proposed

10  capitation rate in any area is insufficient to provide

11  appropriate services, the agency may adjust the capitation

12  rate to ensure that care will be available. The agency and the

13  department may use existing general revenue to address any

14  additional required match but may not over-obligate existing

15  funds on an annualized basis.

16         c.  Subject to any limitations provided for in the

17  General Appropriations Act, the agency, in compliance with

18  appropriate federal authorization, shall develop policies and

19  procedures that allow for certification of local and state

20  funds.

21         3.5.  Children residing in a statewide inpatient

22  psychiatric program, or in a Department of Juvenile Justice or

23  a Department of Children and Family Services residential

24  program approved as a Medicaid behavioral health overlay

25  services provider shall not be included in a behavioral health

26  care prepaid health plan or any other Medicaid managed care

27  plan pursuant to this paragraph.

28         4.6.  In converting to a prepaid system of delivery,

29  the agency shall in its procurement document require an entity

30  providing only comprehensive behavioral health care services

31  to prevent the displacement of indigent care patients by

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 1  enrollees in the Medicaid prepaid health plan providing

 2  behavioral health care services from facilities receiving

 3  state funding to provide indigent behavioral health care, to

 4  facilities licensed under chapter 395 which do not receive

 5  state funding for indigent behavioral health care, or

 6  reimburse the unsubsidized facility for the cost of behavioral

 7  health care provided to the displaced indigent care patient.

 8         5.7.  Traditional community mental health providers

 9  under contract with the Department of Children and Family

10  Services pursuant to part IV of chapter 394, child welfare

11  providers under contract with the Department of Children and

12  Family Services in areas 1 and 6, and inpatient mental health

13  providers licensed pursuant to chapter 395 must be offered an

14  opportunity to accept or decline a contract to participate in

15  any provider network for prepaid behavioral health services.

16         6.8.  For fiscal year 2004-2005, all Medicaid eligible

17  children, except children in areas 1 and 6, whose cases are

18  open for child welfare services in the HomeSafeNet system,

19  shall be enrolled in MediPass or in Medicaid fee-for-service

20  and all their behavioral health care services including

21  inpatient, outpatient psychiatric, community mental health,

22  and case management shall be reimbursed on a fee-for-service

23  basis. Beginning July 1, 2005, such children, who are open for

24  child welfare services in the HomeSafeNet system, shall

25  receive their behavioral health care services through a

26  specialty prepaid plan operated by community-based lead

27  agencies either through a single agency or formal agreements

28  among several agencies. The specialty prepaid plan must result

29  in savings to the state comparable to savings achieved in

30  other Medicaid managed care and prepaid programs. Such plan

31  must provide mechanisms to maximize state and local revenues.

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 1  The specialty prepaid plan shall be developed by the agency

 2  and the Department of Children and Family Services. The agency

 3  is authorized to seek any federal waivers to implement this

 4  initiative.

 5         (5)  By October 1, 2003, the agency and the department

 6  shall, to the extent feasible, develop a plan for implementing

 7  new Medicaid procedure codes for emergency and crisis care,

 8  supportive residential services, and other services designed

 9  to maximize the use of Medicaid funds for Medicaid-eligible

10  recipients. The agency shall include in the agreement

11  developed pursuant to subsection (4) a provision that ensures

12  that the match requirements for these new procedure codes are

13  met by certifying eligible general revenue or local funds that

14  are currently expended on these services by the department

15  with contracted alcohol, drug abuse, and mental health

16  providers. The plan must describe specific procedure codes to

17  be implemented, a projection of the number of procedures to be

18  delivered during fiscal year 2003-2004, and a financial

19  analysis that describes the certified match procedures, and

20  accountability mechanisms, projects the earnings associated

21  with these procedures, and describes the sources of state

22  match. This plan may not be implemented in any part until

23  approved by the Legislative Budget Commission. If such

24  approval has not occurred by December 31, 2003, the plan shall

25  be submitted for consideration by the 2004 Legislature.

26         (20)(21)  Any entity contracting with the agency

27  pursuant to this section to provide health care services to

28  Medicaid recipients is prohibited from engaging in any of the

29  following practices or activities:

30  

31  

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 1         (a)  Practices that are discriminatory, including, but

 2  not limited to, attempts to discourage participation on the

 3  basis of actual or perceived health status.

 4         (b)  Activities that could mislead or confuse

 5  recipients, or misrepresent the organization, its marketing

 6  representatives, or the agency. Violations of this paragraph

 7  include, but are not limited to:

 8         1.  False or misleading claims that marketing

 9  representatives are employees or representatives of the state

10  or county, or of anyone other than the entity or the

11  organization by whom they are reimbursed.

12         2.  False or misleading claims that the entity is

13  recommended or endorsed by any state or county agency, or by

14  any other organization which has not certified its endorsement

15  in writing to the entity.

16         3.  False or misleading claims that the state or county

17  recommends that a Medicaid recipient enroll with an entity.

18         4.  Claims that a Medicaid recipient will lose benefits

19  under the Medicaid program, or any other health or welfare

20  benefits to which the recipient is legally entitled, if the

21  recipient does not enroll with the entity.

22         (c)  Granting or offering of any monetary or other

23  valuable consideration for enrollment, except as authorized by

24  subsection (23) (24).

25         (d)  Door-to-door solicitation of recipients who have

26  not contacted the entity or who have not invited the entity to

27  make a presentation.

28         (e)  Solicitation of Medicaid recipients by marketing

29  representatives stationed in state offices unless approved and

30  supervised by the agency or its agent and approved by the

31  affected state agency when solicitation occurs in an office of

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 1  the state agency. The agency shall ensure that marketing

 2  representatives stationed in state offices shall market their

 3  managed care plans to Medicaid recipients only in designated

 4  areas and in such a way as to not interfere with the

 5  recipients' activities in the state office.

 6         (f)  Enrollment of Medicaid recipients.

 7         (28)(29)  The agency shall perform enrollments and

 8  disenrollments for Medicaid recipients who are eligible for

 9  MediPass or managed care plans. Notwithstanding the

10  prohibition contained in paragraph (20)(f) (21)(f), managed

11  care plans may perform preenrollments of Medicaid recipients

12  under the supervision of the agency or its agents. For the

13  purposes of this section, "preenrollment" means the provision

14  of marketing and educational materials to a Medicaid recipient

15  and assistance in completing the application forms, but shall

16  not include actual enrollment into a managed care plan. An

17  application for enrollment shall not be deemed complete until

18  the agency or its agent verifies that the recipient made an

19  informed, voluntary choice. The agency, in cooperation with

20  the Department of Children and Family Services, may test new

21  marketing initiatives to inform Medicaid recipients about

22  their managed care options at selected sites. The agency shall

23  report to the Legislature on the effectiveness of such

24  initiatives. The agency may contract with a third party to

25  perform managed care plan and MediPass enrollment and

26  disenrollment services for Medicaid recipients and is

27  authorized to adopt rules to implement such services. The

28  agency may adjust the capitation rate only to cover the costs

29  of a third-party enrollment and disenrollment contract, and

30  for agency supervision and management of the managed care plan

31  enrollment and disenrollment contract.

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 1         (40)(41)  The agency shall provide for the development

 2  of a demonstration project by establishment in Miami-Dade

 3  County of a long-term-care facility licensed pursuant to

 4  chapter 395 to improve access to health care for a

 5  predominantly minority, medically underserved, and medically

 6  complex population and to evaluate alternatives to nursing

 7  home care and general acute care for such population. Such

 8  project is to be located in a health care condominium and

 9  colocated with licensed facilities providing a continuum of

10  care. The establishment of this project is not subject to the

11  provisions of s. 408.036 or s. 408.039. The agency shall

12  report its findings to the Governor, the President of the

13  Senate, and the Speaker of the House of Representatives by

14  January 1, 2003.

15         (43)(44)  The Agency for Health Care Administration

16  shall ensure that any Medicaid managed care plan as defined in

17  s. 409.9122(2)(h), whether paid on a capitated basis or a

18  shared savings basis, is cost-effective. For purposes of this

19  subsection, the term "cost-effective" means that a network's

20  per-member, per-month costs to the state, including, but not

21  limited to, fee-for-service costs, administrative costs, and

22  case-management fees, must be no greater than the state's

23  costs associated with contracts for Medicaid services

24  established under subsection (3), which shall be actuarially

25  adjusted for case mix, model, and service area. The agency

26  shall conduct actuarially sound audits adjusted for case mix

27  and model in order to ensure such cost-effectiveness and shall

28  publish the audit results on its Internet website and submit

29  the audit results annually to the Governor, the President of

30  the Senate, and the Speaker of the House of Representatives no

31  later than December 31 of each year. Contracts established

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 1  pursuant to this subsection which are not cost-effective may

 2  not be renewed.

 3         (48)(49)  The agency shall contract with established

 4  minority physician networks that provide services to

 5  historically underserved minority patients. The networks must

 6  provide cost-effective Medicaid services, comply with the

 7  requirements to be a MediPass provider, and provide their

 8  primary care physicians with access to data and other

 9  management tools necessary to assist them in ensuring the

10  appropriate use of services, including inpatient hospital

11  services and pharmaceuticals.

12         (a)  The agency shall provide for the development and

13  expansion of minority physician networks in each service area

14  to provide services to Medicaid recipients who are eligible to

15  participate under federal law and rules.

16         (b)  The agency shall reimburse each minority physician

17  network as a fee-for-service provider, including the case

18  management fee for primary care, or as a capitated rate

19  provider for Medicaid services. Any savings shall be shared

20  with the minority physician networks pursuant to the contract.

21         (c)  For purposes of this subsection, the term

22  "cost-effective" means that a network's per-member, per-month

23  costs to the state, including, but not limited to,

24  fee-for-service costs, administrative costs, and

25  case-management fees, must be no greater than the state's

26  costs associated with contracts for Medicaid services

27  established under subsection (3), which shall be actuarially

28  adjusted for case mix, model, and service area. The agency

29  shall conduct actuarially sound audits adjusted for case mix

30  and model in order to ensure such cost-effectiveness and shall

31  publish the audit results on its Internet website and submit

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 1  the audit results annually to the Governor, the President of

 2  the Senate, and the Speaker of the House of Representatives no

 3  later than December 31. Contracts established pursuant to this

 4  subsection which are not cost-effective may not be renewed.

 5         (d)  The agency may apply for any federal waivers

 6  needed to implement this subsection.

 7         Section 123.  Section 410.0245, Florida Statutes, is

 8  repealed.

 9         Section 124.  Subsection (10) of section 410.604,

10  Florida Statutes, is repealed.

11         Section 125.  Section 411.221, Florida Statutes, is

12  repealed.

13         Section 126.  Section 411.242, Florida Statutes, is

14  repealed.

15         Section 127.  Subsection (8) of section 413.402,

16  Florida Statutes, is repealed.

17         Section 128.  Subsection (3) of section 414.1251,

18  Florida Statutes, is repealed.

19         Section 129.  Section 414.14, Florida Statutes, is

20  amended to read:

21         414.14  Public assistance policy simplification.--To

22  the extent possible, the department shall align the

23  requirements for eligibility under this chapter with the food

24  stamp program and medical assistance eligibility policies and

25  procedures to simplify the budgeting process and reduce

26  errors.  If the department determines that s. 414.075,

27  relating to resources, or s. 414.085, relating to income, is

28  inconsistent with related provisions of federal law which

29  govern the food stamp program or medical assistance, and that

30  conformance to federal law would simplify administration of

31  the WAGES Program or reduce errors without materially

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 1  increasing the cost of the program to the state, the secretary

 2  of the department may propose a change in the resource or

 3  income requirements of the program by rule. The secretary

 4  shall provide written notice to the President of the Senate,

 5  the Speaker of the House of Representatives, and the

 6  chairpersons of the relevant committees of both houses of the

 7  Legislature summarizing the proposed modifications to be made

 8  by rule and changes necessary to conform state law to federal

 9  law. The proposed rule shall take effect 14 days after written

10  notice is given unless the President of the Senate or the

11  Speaker of the House of Representatives advises the secretary

12  that the proposed rule exceeds the delegated authority of the

13  Legislature.

14         Section 130.  Subsection (1) of section 414.36, Florida

15  Statutes, is repealed.

16         Section 131.  Subsection (3) of section 414.391,

17  Florida Statutes, is repealed.

18         Section 132.  Subsection (6) of section 415.1045,

19  Florida Statutes, is amended to read:

20         415.1045  Photographs, videotapes, and medical

21  examinations; abrogation of privileged communications;

22  confidential records and documents.--

23         (6)  WORKING AGREEMENTS.--By March 1, 2004, The

24  department shall enter into working agreements with the

25  jurisdictionally responsible county sheriffs' office or local

26  police department that will be the lead agency when conducting

27  any criminal investigation arising from an allegation of

28  abuse, neglect, or exploitation of a vulnerable adult. The

29  working agreement must specify how the requirements of this

30  chapter will be met. The Office of Program Policy Analysis and

31  Government Accountability shall conduct a review of the

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 1  efficacy of the agreements and report its findings to the

 2  Legislature by March 1, 2005. For the purposes of such

 3  agreement, the jurisdictionally responsible law enforcement

 4  entity is authorized to share Florida criminal history and

 5  local criminal history information that is not otherwise

 6  exempt from s. 119.07(1) with the district personnel. A law

 7  enforcement entity entering into such agreement must comply

 8  with s. 943.0525. Criminal justice information provided by

 9  such law enforcement entity shall be used only for the

10  purposes specified in the agreement and shall be provided at

11  no charge. Notwithstanding any other provision of law, the

12  Department of Law Enforcement shall provide to the department

13  electronic access to Florida criminal justice information

14  which is lawfully available and not exempt from s. 119.07(1),

15  only for the purpose of protective investigations and

16  emergency placement. As a condition of access to such

17  information, the department shall be required to execute an

18  appropriate user agreement addressing the access, use,

19  dissemination, and destruction of such information and to

20  comply with all applicable laws and rules of the Department of

21  Law Enforcement.

22         Section 133.  Paragraph (a) of subsection (5) of

23  section 415.111, Florida Statutes, is amended to read:

24         415.111  Criminal penalties.--

25         (5)  A person who knowingly and willfully makes a false

26  report of abuse, neglect, or exploitation of a vulnerable

27  adult, or a person who advises another to make a false report,

28  commits a felony of the third degree, punishable as provided

29  in s. 775.082 or s. 775.083.

30         (a)  The department shall establish procedures for

31  determining whether a false report of abuse, neglect, or

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 1  exploitation of a vulnerable adult has been made and for

 2  submitting all identifying information relating to such a

 3  false report to the local law enforcement agency as provided

 4  in this subsection and shall report annually to the

 5  Legislature the number of reports referred.

 6         Section 134.  Subsection (9) of section 420.622,

 7  Florida Statutes, is amended to read:

 8         420.622  State Office on Homelessness; Council on

 9  Homelessness.--

10         (9)  The council shall, by December 31 of each year,

11  provide issue to the Governor, the Legislature President of

12  the Senate, the Speaker of the House of Representatives, and

13  the Secretary of Children and Family Services an evaluation of

14  the executive director's performance in fulfilling the

15  statutory duties of the office, a report summarizing the

16  status of homelessness in the state and the council's

17  recommendations to the office and the corresponding actions

18  taken by the office, and any recommendations to the

19  Legislature for reducing proposals to reduce homelessness in

20  this state.

21         Section 135.  Subsection (4) of section 420.623,

22  Florida Statutes, is repealed.

23         Section 136.  Subsection (9) of section 427.704,

24  Florida Statutes, is amended to read:

25         427.704  Powers and duties of the commission.--

26         (9)  The commission shall prepare provide to the

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

28  Representatives an annual report on the operation of the

29  telecommunications access system, which shall be available on

30  the commission's Internet website.  The first report shall be

31  provided no later than January 1, 1992, and successive reports

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 1  shall be provided by January 1 of each year thereafter.

 2  Reports shall be prepared in consultation with the

 3  administrator and the advisory committee appointed pursuant to

 4  s. 427.706.  The reports shall, at a minimum, briefly outline

 5  the status of developments of the telecommunications access

 6  system, the number of persons served, the call volume,

 7  revenues and expenditures, the allocation of the revenues and

 8  expenditures between provision of specialized

 9  telecommunications devices to individuals and operation of

10  statewide relay service, other major policy or operational

11  issues, and proposals for improvements or changes to the

12  telecommunications access system.

13         Section 137.  Subsection (2) of section 427.706,

14  Florida Statutes, is amended to read:

15         427.706  Advisory committee.--

16         (2)  The advisory committee shall provide the

17  expertise, experience, and perspective of persons who are

18  hearing impaired or speech impaired to the commission and to

19  the administrator during all phases of the development and

20  operation of the telecommunications access system.  The

21  advisory committee shall advise the commission and the

22  administrator on any matter relating to the quality and

23  cost-effectiveness of the telecommunications relay service and

24  the specialized telecommunications devices distribution

25  system.  The advisory committee may submit material for

26  inclusion in the annual report prepared pursuant to s. 427.704

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

28  Representatives.

29         Section 138.  Subsections (3) through (16) of section

30  430.04, Florida Statutes, are amended to read:

31  

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 1         430.04  Duties and responsibilities of the Department

 2  of Elderly Affairs.--The Department of Elderly Affairs shall:

 3         (3)  Prepare and submit to the Governor, each Cabinet

 4  member, the President of the Senate, the Speaker of the House

 5  of Representatives, the minority leaders of the House and

 6  Senate, and chairpersons of appropriate House and Senate

 7  committees a master plan for policies and programs in the

 8  state related to aging. The plan must identify and assess the

 9  needs of the elderly population in the areas of housing,

10  employment, education and training, medical care, long-term

11  care, preventive care, protective services, social services,

12  mental health, transportation, and long-term care insurance,

13  and other areas considered appropriate by the department.  The

14  plan must assess the needs of particular subgroups of the

15  population and evaluate the capacity of existing programs,

16  both public and private and in state and local agencies, to

17  respond effectively to identified needs.  If the plan

18  recommends the transfer of any program or service from the

19  Department of Children and Family Services to another state

20  department, the plan must also include recommendations that

21  provide for an independent third-party mechanism, as currently

22  exists in the Florida advocacy councils established in ss.

23  402.165 and 402.166, for protecting the constitutional and

24  human rights of recipients of departmental services. The plan

25  must include policy goals and program strategies designed to

26  respond efficiently to current and projected needs. The plan

27  must also include policy goals and program strategies to

28  promote intergenerational relationships and activities.

29  Public hearings and other appropriate processes shall be

30  utilized by the department to solicit input for the

31  

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 1  development and updating of the master plan from parties

 2  including, but not limited to, the following:

 3         (a)  Elderly citizens and their families and

 4  caregivers.

 5         (b)  Local-level public and private service providers,

 6  advocacy organizations, and other organizations relating to

 7  the elderly.

 8         (c)  Local governments.

 9         (d)  All state agencies that provide services to the

10  elderly.

11         (e)  University centers on aging.

12         (f)  Area agency on aging and community care for the

13  elderly lead agencies.

14         (3)(4)  Serve as an information clearinghouse at the

15  state level, and assist local-level information and referral

16  resources as a repository and means for dissemination of

17  information regarding all federal, state, and local resources

18  for assistance to the elderly in the areas of, but not limited

19  to, health, social welfare, long-term care, protective

20  services, consumer protection, education and training,

21  housing, employment, recreation, transportation, insurance,

22  and retirement.

23         (4)(5)  Recommend guidelines for the development of

24  roles for state agencies that provide services for the aging,

25  review plans of agencies that provide such services, and relay

26  these plans to the Governor and the Legislature, each Cabinet

27  member, the President of the Senate, the Speaker of the House

28  of Representatives, the minority leaders of the House and

29  Senate, and chairpersons of appropriate House and Senate

30  committees.

31  

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 1         (5)(6)  Recommend to the Governor and the Legislature,

 2  each Cabinet member, the President of the Senate, the Speaker

 3  of the House of Representatives, the minority leaders of the

 4  House and Senate, and chairpersons of appropriate House and

 5  Senate committees an organizational framework for the

 6  planning, coordination, implementation, and evaluation of

 7  programs related to aging, with the purpose of expanding and

 8  improving programs and opportunities available to the state's

 9  elderly population and enhancing a continuum of long-term

10  care.  This framework must assure that:

11         (a)  Performance objectives are established.

12         (b)  Program reviews are conducted statewide.

13         (c)  Each major program related to aging is reviewed

14  every 3 years.

15         (d)  Agency budget requests reflect the results and

16  recommendations of such program reviews.

17         (d)(e)  Program decisions reinforce lead to the

18  distinctive roles established for state agencies that provide

19  aging services.

20         (6)(7)  Advise the Governor and the Legislature, each

21  Cabinet member, the President of the Senate, the Speaker of

22  the House of Representatives, the minority leaders of the

23  House and Senate, and the chairpersons of appropriate House

24  and Senate committees regarding the need for and location of

25  programs related to aging.

26         (7)(8)  Review and coordinate aging research plans of

27  all state agencies to ensure that the conformance of research

28  objectives address to issues and needs of the state's elderly

29  population addressed in the master plan for policies and

30  programs related to aging.  The research activities that must

31  be reviewed and coordinated by the department include, but are

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 1  not limited to, contracts with academic institutions,

 2  development of educational and training curriculums,

 3  Alzheimer's disease and other medical research, studies of

 4  long-term care and other personal assistance needs, and design

 5  of adaptive or modified living environments.

 6         (8)(9)  Review budget requests for programs related to

 7  aging to ensure the most cost-effective use of state funding

 8  for the state's elderly population before for compliance with

 9  the master plan for policies and programs related to aging

10  before submission to the Governor and the Legislature.

11         (10)  Update the master plan for policies and programs

12  related to aging every 3 years.

13         (11)  Review implementation of the master plan for

14  programs and policies related to aging and annually report to

15  the Governor, each Cabinet member, the President of the

16  Senate, the Speaker of the House of Representatives, the

17  minority leaders of the House and Senate, and the chairpersons

18  of appropriate House and Senate committees the progress

19  towards implementation of the plan.

20         (9)(12)  Request other departments that administer

21  programs affecting the state's elderly population to amend

22  their plans, rules, policies, and research objectives as

23  necessary to ensure that programs and other initiatives are

24  coordinated and maximize the state's efforts to address the

25  needs of the elderly conform with the master plan for policies

26  and programs related to aging.

27         (10)(13)  Hold public meetings regularly throughout the

28  state for purposes of receiving information and maximizing the

29  visibility of important issues relating to aging and the

30  elderly.

31  

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 1         (11)(14)  Conduct policy analysis and program

 2  evaluation studies assigned by the Legislature.

 3         (12)(15)  Assist the Governor, each Cabinet member, and

 4  members of the Legislature the President of the Senate, the

 5  Speaker of the House of Representatives, the minority leaders

 6  of the House and Senate, and the chairpersons of appropriate

 7  House and Senate committees in the conduct of their

 8  responsibilities in such capacities as they consider

 9  appropriate.

10         (13)(16)  Call upon appropriate agencies of state

11  government for such assistance as is needed in the discharge

12  of its duties. All agencies shall cooperate in assisting the

13  department in carrying out its responsibilities as prescribed

14  by this section. However, no provision of law with respect to

15  confidentiality of information may be violated.

16         Section 139.  Subsections (3) and (8) of section

17  430.502, Florida Statutes, are amended to read:

18         430.502  Alzheimer's disease; memory disorder clinics

19  and day care and respite care programs.--

20         (3)  The Alzheimer's Disease Advisory Committee shall

21  must evaluate and make recommendations to the department and

22  the Legislature concerning the need for additional memory

23  disorder clinics in the state. The first report will be due by

24  December 31, 1995.

25         (8)  The department will implement the waiver program

26  specified in subsection (7). The agency and the department

27  shall ensure that providers are selected that have a history

28  of successfully serving persons with Alzheimer's disease. The

29  department and the agency shall develop specialized standards

30  for providers and services tailored to persons in the early,

31  middle, and late stages of Alzheimer's disease and designate a

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 1  level of care determination process and standard that is most

 2  appropriate to this population. The department and the agency

 3  shall include in the waiver services designed to assist the

 4  caregiver in continuing to provide in-home care. The

 5  department shall implement this waiver program subject to a

 6  specific appropriation or as provided in the General

 7  Appropriations Act. The department and the agency shall submit

 8  their program design to the President of the Senate and the

 9  Speaker of the House of Representatives for consultation

10  during the development process.

11         Section 140.  Subsection (1) of section 430.707,

12  Florida Statutes, is amended to read:

13         430.707  Contracts.--

14         (1)  The department, in consultation with the agency,

15  shall select and contract with managed care organizations and,

16  on a prepaid basis, with other qualified providers as defined

17  in s. 430.703(7) to provide long-term care within community

18  diversion pilot project areas. The agency shall evaluate and

19  report quarterly to the department the compliance by other

20  qualified providers with all the financial and quality

21  assurance requirements of the contract.

22         Section 141.  Paragraph (a) of subsection (3) of

23  section 445.003, Florida Statutes, is amended to read:

24         445.003  Implementation of the federal Workforce

25  Investment Act of 1998.--

26         (3)  FUNDING.--

27         (a)  Title I, Workforce Investment Act of 1998 funds;

28  Wagner-Peyser funds; and NAFTA/Trade Act funds will be

29  expended based on the 5-year plan of Workforce Florida, Inc.

30  The plan shall outline and direct the method used to

31  administer and coordinate various funds and programs that are

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 1  operated by various agencies. The following provisions shall

 2  also apply to these funds:

 3         1.  At least 50 percent of the Title I funds for Adults

 4  and Dislocated Workers that are passed through to regional

 5  workforce boards shall be allocated to Individual Training

 6  Accounts unless a regional workforce board obtains a waiver

 7  from Workforce Florida, Inc. Tuition, fees, and

 8  performance-based incentive awards paid in compliance with

 9  Florida's Performance-Based Incentive Fund Program qualify as

10  an Individual Training Account expenditure, as do other

11  programs developed by regional workforce boards in compliance

12  with policies of Workforce Florida, Inc.

13         2.  Fifteen percent of Title I funding shall be

14  retained at the state level and shall be dedicated to state

15  administration and used to design, develop, induce, and fund

16  innovative Individual Training Account pilots, demonstrations,

17  and programs. Of such funds retained at the state level, $2

18  million shall be reserved for the Incumbent Worker Training

19  Program, created under subparagraph 3. Eligible state

20  administration costs include the costs of: funding for the

21  board and staff of Workforce Florida, Inc.; operating fiscal,

22  compliance, and management accountability systems through

23  Workforce Florida, Inc.; conducting evaluation and research on

24  workforce development activities; and providing technical and

25  capacity building assistance to regions at the direction of

26  Workforce Florida, Inc. Notwithstanding s. 445.004, such

27  administrative costs shall not exceed 25 percent of these

28  funds. An amount not to exceed 75 percent of these funds shall

29  be allocated to Individual Training Accounts and other

30  workforce development strategies for: the Minority Teacher

31  Education Scholars program, the Certified Teacher-Aide

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 1  program, the Self-Employment Institute, and other training

 2  designed and tailored by Workforce Florida, Inc., including,

 3  but not limited to, programs for incumbent workers, displaced

 4  homemakers, nontraditional employment, empowerment zones, and

 5  enterprise zones. Workforce Florida, Inc., shall design,

 6  adopt, and fund Individual Training Accounts for distressed

 7  urban and rural communities.

 8         3.  The Incumbent Worker Training Program is created

 9  for the purpose of providing grant funding for continuing

10  education and training of incumbent employees at existing

11  Florida businesses. The program will provide reimbursement

12  grants to businesses that pay for preapproved, direct,

13  training-related costs.

14         a.  The Incumbent Worker Training Program will be

15  administered by Workforce Florida, Inc. Workforce Florida,

16  Inc., at its discretion, may contract with a private business

17  organization to serve as grant administrator.

18         b.  To be eligible for the program's grant funding, a

19  business must have been in operation in Florida for a minimum

20  of 1 year prior to the application for grant funding; have at

21  least one full-time employee; demonstrate financial viability;

22  and be current on all state tax obligations. Priority for

23  funding shall be given to businesses with 25 employees or

24  fewer, businesses in rural areas, businesses in distressed

25  inner-city areas, businesses in a qualified targeted industry,

26  businesses whose grant proposals represent a significant

27  upgrade in employee skills, or businesses whose grant

28  proposals represent a significant layoff avoidance strategy.

29         c.  All costs reimbursed by the program must be

30  preapproved by Workforce Florida, Inc., or the grant

31  administrator. The program will not reimburse businesses for

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 1  trainee wages, the purchase of capital equipment, or the

 2  purchase of any item or service that may possibly be used

 3  outside the training project. A business approved for a grant

 4  may be reimbursed for preapproved, direct, training-related

 5  costs including tuition and fees; books and classroom

 6  materials; and overhead or indirect costs not to exceed 5

 7  percent of the grant amount.

 8         d.  A business that is selected to receive grant

 9  funding must provide a matching contribution to the training

10  project, including, but not limited to, wages paid to trainees

11  or the purchase of capital equipment used in the training

12  project; must sign an agreement with Workforce Florida, Inc.,

13  or the grant administrator to complete the training project as

14  proposed in the application; must keep accurate records of the

15  project's implementation process; and must submit monthly or

16  quarterly reimbursement requests with required documentation.

17         e.  All Incumbent Worker Training Program grant

18  projects shall be performance-based with specific measurable

19  performance outcomes, including completion of the training

20  project and job retention. Workforce Florida, Inc., or the

21  grant administrator shall withhold the final payment to the

22  grantee until a final grant report is submitted and all

23  performance criteria specified in the grant contract have been

24  achieved.

25         f.  Workforce Florida, Inc., may establish guidelines

26  necessary to implement the Incumbent Worker Training Program.

27         g.  No more than 10 percent of the Incumbent Worker

28  Training Program's total appropriation may be used for

29  overhead or indirect purposes.

30         h.  Workforce Florida, Inc., shall submit a report to

31  the Legislature on the financial and general operations of the

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 1  Incumbent Worker Training Program as part of its annual report

 2  submitted pursuant to s. 445.004. Such report will be due

 3  before October 1 of any fiscal year for which the program is

 4  funded by the Legislature.

 5         4.  At least 50 percent of Rapid Response funding shall

 6  be dedicated to Intensive Services Accounts and Individual

 7  Training Accounts for dislocated workers and incumbent workers

 8  who are at risk of dislocation. Workforce Florida, Inc., shall

 9  also maintain an Emergency Preparedness Fund from Rapid

10  Response funds which will immediately issue Intensive Service

11  Accounts and Individual Training Accounts as well as other

12  federally authorized assistance to eligible victims of natural

13  or other disasters. At the direction of the Governor, for

14  events that qualify under federal law, these Rapid Response

15  funds shall be released to regional workforce boards for

16  immediate use. Funding shall also be dedicated to maintain a

17  unit at the state level to respond to Rapid Response

18  emergencies around the state, to work with state emergency

19  management officials, and to work with regional workforce

20  boards. All Rapid Response funds must be expended based on a

21  plan developed by Workforce Florida, Inc., and approved by the

22  Governor.

23         Section 142.  Paragraph (a) of subsection (3) of

24  section 445.004, Florida Statutes, is amended to read:

25         445.004  Workforce Florida, Inc.; creation; purpose;

26  membership; duties and powers.--

27         (3)(a)  Workforce Florida, Inc., shall be governed by a

28  board of directors, the number of directors to be determined

29  by the Governor, whose membership and appointment must be

30  consistent with Pub. L. No. 105-220, Title I, s. 111(b), and

31  contain one member representing the licensed nonpublic

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 1  postsecondary educational institutions authorized as

 2  individual training account providers, one member from the

 3  staffing service industry, at least one member who is a

 4  current or former recipient of welfare transition services as

 5  defined in s. 445.002(3) or workforce services as provided in

 6  s. 445.009(1), and five representatives of organized labor who

 7  shall be appointed by the Governor. Notwithstanding s.

 8  114.05(1)(f), the Governor may appoint remaining members to

 9  Workforce Florida, Inc., from the current Workforce

10  Development Board and the WAGES Program State Board of

11  Directors, established pursuant to chapter 96-175, Laws of

12  Florida, to serve on the reconstituted board. By July 1, 2000,

13  the Workforce Development Board will provide to the Governor a

14  transition plan to incorporate the changes required by this

15  act and Pub. L. No. 105-220, specifying the manner of changes

16  to the board. This plan shall govern the transition, unless

17  otherwise notified by the Governor. The importance of

18  minority, gender, and geographic representation shall be

19  considered when making appointments to the board.

20         Section 143.  Subsection (1) of section 445.006,

21  Florida Statutes, is amended to read:

22         445.006  Strategic plan for workforce development.--

23         (1)  Workforce Florida, Inc., in conjunction with state

24  and local partners in the workforce system, shall develop a

25  strategic plan for workforce, with the goal of producing

26  skilled employees for employers in the state. The strategic

27  plan shall be submitted to the Governor, the President of the

28  Senate, and the Speaker of the House of Representatives by

29  February 1, 2001. The strategic plan shall be updated or

30  modified by January 1 of each year thereafter. The plan must

31  include, but need not be limited to, strategies for:

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 1         (a)  Fulfilling the workforce system goals and

 2  strategies prescribed in s. 445.004;

 3         (b)  Aggregating, integrating, and leveraging workforce

 4  system resources;

 5         (c)  Coordinating the activities of federal, state, and

 6  local workforce system partners;

 7         (d)  Addressing the workforce needs of small

 8  businesses; and

 9         (e)  Fostering the participation of rural communities

10  and distressed urban cores in the workforce system.

11         Section 144.  Section 446.27, Florida Statutes, is

12  repealed.

13         Section 145.  Paragraphs (a) and (c) of subsection (4)

14  of section 446.50, Florida Statutes, are amended to read:

15         446.50  Displaced homemakers; multiservice programs;

16  report to the Legislature; Displaced Homemaker Trust Fund

17  created.--

18         (4)  STATE PLAN.--

19         (a)  The Agency for Workforce Innovation shall develop

20  a 3-year state plan for the displaced homemaker program which

21  shall be updated annually and submitted to the Legislature by

22  January 1. The plan must address, at a minimum, the need for

23  programs specifically designed to serve displaced homemakers,

24  any necessary service components for such programs in addition

25  to those enumerated in this section, goals of the displaced

26  homemaker program with an analysis of the extent to which

27  those goals are being met, and recommendations for ways to

28  address any unmet program goals. Any request for funds for

29  program expansion must be based on the state plan.

30         (c)  The 3-year state plan must be submitted to the

31  President of the Senate, the Speaker of the House of

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 1  Representatives, and the Governor on or before January 1,

 2  2001, and annual updates of the plan must be submitted by

 3  January 1 of each subsequent year.

 4         Section 146.  Section 455.204, Florida Statutes, is

 5  repealed.

 6         Section 147.  Subsection (8) of section 455.2226,

 7  Florida Statutes, is repealed.

 8         Section 148.  Subsection (6) of section 455.2228,

 9  Florida Statutes, is repealed.

10         Section 149.  Subsection (9) of section 456.025,

11  Florida Statutes, is amended to read:

12         456.025  Fees; receipts; disposition.--

13         (9)  The department shall provide a condensed

14  management report of revenues and expenditures budgets,

15  finances, performance measures statistics, and recommendations

16  to each board at least once a quarter. The department shall

17  identify and include in such presentations any changes, or

18  projected changes, made to the board's budget since the last

19  presentation.

20         Section 150.  Subsection (5) of section 456.031,

21  Florida Statutes, is repealed.

22         Section 151.  Subsection (8) of section 456.033,

23  Florida Statutes, is repealed.

24         Section 152.  Subsection (6) of section 456.034,

25  Florida Statutes, is repealed.

26         Section 153.  Subsections (3) and (4) of section

27  517.302, Florida Statutes, are amended to read:

28         517.302  Criminal penalties; alternative fine;

29  Anti-Fraud Trust Fund; time limitation for criminal

30  prosecution.--

31  

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 1         (3)  In lieu of a fine otherwise authorized by law, a

 2  person who has been convicted of or who has pleaded guilty or

 3  no contest to having engaged in conduct in violation of the

 4  provisions of this chapter may be sentenced to pay a fine that

 5  does not exceed the greater of three times the gross value

 6  gained or three times the gross loss caused by such conduct,

 7  plus court costs and the costs of investigation and

 8  prosecution reasonably incurred.

 9         (4)(a)  There is created within the office a trust fund

10  to be known as the Anti-Fraud Trust Fund.  Any amounts

11  assessed as costs of investigation and prosecution under this

12  subsection shall be deposited in the trust fund. Funds

13  deposited in such trust fund shall be used, when authorized by

14  appropriation, for investigation and prosecution of

15  administrative, civil, and criminal actions arising under the

16  provisions of this chapter. Funds may also be used to improve

17  the public's awareness and understanding of prudent investing.

18         (b)  The office shall report to the Executive Office of

19  the Governor annually by November 15, the amounts deposited

20  into the Anti-Fraud Trust Fund during the previous fiscal

21  year.  The Executive Office of the Governor shall distribute

22  these reports to the President of the Senate and the Speaker

23  of the House of Representatives.

24         (5)(4)  Criminal prosecution for offenses under this

25  chapter is subject to the time limitations of s. 775.15.

26         Section 154.  Section 526.3135, Florida Statutes, is

27  repealed.

28         Section 155.  Subsection (3) of section 531.415,

29  Florida Statutes, is repealed.

30         Section 156.  Section 553.975, Florida Statutes, is

31  repealed.

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 1         Section 157.  Subsection (3) of section 570.0705,

 2  Florida Statutes, is repealed.

 3         Section 158.  Subsection (5) of section 570.0725,

 4  Florida Statutes, is repealed.

 5         Section 159.  Subsection (3) of section 570.235,

 6  Florida Statutes, is repealed.

 7         Section 160.  Subsection (3) of section 570.543,

 8  Florida Statutes, is repealed.

 9         Section 161.  Subsection (5) of section 570.952,

10  Florida Statutes, is repealed.

11         Section 162.  Section 603.204, Florida Statutes, is

12  amended to read:

13         603.204  South Florida Tropical Fruit Plan.--

14         (1)  The Commissioner of Agriculture, in consultation

15  with the Tropical Fruit Advisory Council, shall develop and

16  update, at least 90 days prior to the 1991 legislative

17  session, submit to the President of the Senate, the Speaker of

18  the House of Representatives, and the chairs of appropriate

19  Senate and House of Representatives committees, a South

20  Florida Tropical Fruit Plan, which shall identify problems and

21  constraints of the tropical fruit industry, propose possible

22  solutions to such problems, and develop planning mechanisms

23  for orderly growth of the industry, including:

24         (1)(a)  Criteria for tropical fruit research, service,

25  and management priorities.

26         (2)(b)  Additional Proposed legislation that which may

27  be required.

28         (3)(c)  Plans relating to other tropical fruit programs

29  and related disciplines in the State University System.

30         (4)(d)  Potential tropical fruit products in terms of

31  market and needs for development.

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 1         (5)(e)  Evaluation of production and fresh fruit policy

 2  alternatives, including, but not limited to, setting minimum

 3  grades and standards, promotion and advertising, development

 4  of production and marketing strategies, and setting minimum

 5  standards on types and quality of nursery plants.

 6         (6)(f)  Evaluation of policy alternatives for processed

 7  tropical fruit products, including, but not limited to,

 8  setting minimum quality standards and development of

 9  production and marketing strategies.

10         (7)(g)  Research and service priorities for further

11  development of the tropical fruit industry.

12         (8)(h)  Identification of state agencies and public and

13  private institutions concerned with research, education,

14  extension, services, planning, promotion, and marketing

15  functions related to tropical fruit development, and

16  delineation of contributions and responsibilities.  The

17  recommendations in the South Florida Tropical Fruit plan

18  relating to education or research shall be submitted to the

19  Institute of Food and Agricultural Sciences. The

20  recommendations relating to regulation or marketing shall be

21  submitted to the Department of Agriculture and Consumer

22  Services.

23         (9)(i)  Business planning, investment potential,

24  financial risks, and economics of production and utilization.

25         (2)  A revision and update of the South Florida

26  Tropical Fruit Plan shall be submitted biennially, and a

27  progress report and budget request shall be submitted

28  annually, to the officials specified in subsection (1).

29         Section 163.  Subsection (2) of section 744.7021,

30  Florida Statutes, is amended to read:

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 164.  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 165.  Subsection (3) of section 765.5215,

 2  Florida Statutes, is repealed.

 3         Section 166.  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 court orders provided by the

14  governmental entities found to be in violation of this section

15  report any violation of this section by a governmental entity

16  to the Cabinet, the President of the Senate, and the Speaker

17  of the House of Representatives. A copy of such report shall

18  be provided to the affected governmental entity.

19         Section 167.  Paragraph (c) of subsection (3) of

20  section 775.084, Florida Statutes, is amended to read:

21         775.084  Violent career criminals; habitual felony

22  offenders and habitual violent felony offenders; three-time

23  violent felony offenders; definitions; procedure; enhanced

24  penalties or mandatory minimum prison terms.--

25         (3)

26         (c)  In a separate proceeding, the court shall

27  determine whether the defendant is a violent career criminal

28  with respect to a primary offense committed on or after

29  October 1, 1995.  The procedure shall be as follows:

30         1.  Written notice shall be served on the defendant and

31  the defendant's attorney a sufficient time prior to the entry

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 1  of a plea or prior to the imposition of sentence in order to

 2  allow the preparation of a submission on behalf of the

 3  defendant.

 4         2.  All evidence presented shall be presented in open

 5  court with full rights of confrontation, cross-examination,

 6  and representation by counsel.

 7         3.  Each of the findings required as the basis for such

 8  sentence shall be found to exist by a preponderance of the

 9  evidence and shall be appealable only as provided in paragraph

10  (d).

11         4.  For the purpose of identification, the court shall

12  fingerprint the defendant pursuant to s. 921.241.

13         5.  For an offense committed on or after October 1,

14  1995, if the state attorney pursues a violent career criminal

15  sanction against the defendant and the court, in a separate

16  proceeding pursuant to this paragraph, determines that the

17  defendant meets the criteria under subsection (1) for imposing

18  such sanction, the court must sentence the defendant as a

19  violent career criminal, subject to imprisonment pursuant to

20  this section unless the court finds that such sentence is not

21  necessary for the protection of the public.  If the court

22  finds that it is not necessary for the protection of the

23  public to sentence the defendant as a violent career criminal,

24  the court shall provide written reasons; a written transcript

25  of orally stated reasons is permissible, if filed by the court

26  within 7 days after the date of sentencing. Each month, the

27  court shall submit to the Office of Economic and Demographic

28  Research of the Legislature the written reasons or transcripts

29  in each case in which the court determines not to sentence a

30  defendant as a violent career criminal as provided in this

31  subparagraph.

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 1         Section 168.  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 169.  Subsection (3) of section 943.08, Florida

11  Statutes, is repealed.

12         Section 170.  Subsection (2) of section 943.125,

13  Florida Statutes, is repealed.

14         Section 171.  Subsection (9) of section 943.68, Florida

15  Statutes, is amended to read:

16         943.68  Transportation and protective services.--

17         (9)  The department shall submit reports annually on

18  July 15 and January 15 of each year to the President of the

19  Senate, Speaker of the House of Representatives, Governor, the

20  Legislature, and members of the Cabinet, detailing all

21  transportation and protective services provided under

22  subsections (1), (5), and (6) within the preceding fiscal year

23  6 months.  Each report shall include a detailed accounting of

24  the cost of such transportation and protective services,

25  including the names of persons provided such services and the

26  nature of state business performed.

27         Section 172.  Paragraph (f) of subsection (3) of

28  section 944.801, Florida Statutes, is amended to read:

29         944.801  Education for state prisoners.--

30         (3)  The responsibilities of the Correctional Education

31  Program shall be to:

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 1         (f)  Report annual activities to the Secretary of

 2  Corrections, the Commissioner of Education, the Governor, and

 3  the Legislature.

 4         Section 173.  Subsection (10) of section 945.35,

 5  Florida Statutes, is repealed.

 6         Section 174.  Paragraph (d) of subsection (8) of

 7  section 948.10, Florida Statutes, is repealed.

 8         Section 175.  Subsection (9) of section 958.045,

 9  Florida Statutes, is repealed.

10         Section 176.  Paragraph (c) of subsection (1) of

11  section 960.045, Florida Statutes, is amended to read:

12         960.045  Department of Legal Affairs; powers and

13  duties.--It shall be the duty of the department to assist

14  persons who are victims of crime.

15         (1)  The department shall:

16         (c)  Prepare an annual Render, prior to January 1 of

17  each year, to the presiding officers of the Senate and House

18  of Representatives a written report of the activities of the

19  Crime Victims' Services Office, which shall be available on

20  the department's Internet website.

21         Section 177.  Paragraph (c) of subsection (8) of

22  section 985.02, Florida Statutes, is repealed.

23         Section 178.  Subsections (3), (4), and (5) of section

24  985.08, Florida Statutes, are amended to read:

25         985.08  Information systems.--

26         (3)  In order to assist in the integration of the

27  information to be shared, the sharing of information obtained,

28  the joint planning on diversion and early intervention

29  strategies for juveniles at risk of becoming serious habitual

30  juvenile offenders, and the intervention strategies for

31  serious habitual juvenile offenders, a multiagency task force

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 1  should be organized and utilized by the law enforcement agency

 2  or county in conjunction with the initiation of the

 3  information system described in subsections (1) and (2). The

 4  multiagency task force shall be composed of representatives of

 5  those agencies and persons providing information for the

 6  central identification file and the multiagency information

 7  sheet.

 8         (4)  This multiagency task force shall develop a plan

 9  for the information system that includes measures which

10  identify and address any disproportionate representation of

11  ethnic or racial minorities in the information systems and

12  shall develop strategies that address the protection of

13  individual constitutional rights.

14         (3)(5)  Any law enforcement agency, or county which

15  implements a juvenile offender information system and the

16  multiagency task force which maintain the information system

17  must annually provide any information gathered during the

18  previous year to the delinquency and gang prevention council

19  of the judicial circuit in which the county is located.  This

20  information shall include the number, types, and patterns of

21  delinquency tracked by the juvenile offender information

22  system.

23         Section 179.  Subsections (2) and (3) of section

24  985.3045, Florida Statutes, are amended to read:

25         985.3045  Prevention service program; monitoring;

26  report; uniform performance measures.--

27         (2)  No later than January 31, 2001, the prevention

28  service program shall submit a report to the Governor, the

29  Speaker of the House, and the President of the Senate

30  concerning the implementation of a statewide multiagency plan

31  to coordinate the efforts of all state-funded programs,

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 1  grants, appropriations, or activities that are designed to

 2  prevent juvenile crime, delinquency, gang  membership, or

 3  status offense behaviors and all state-funded programs,

 4  grants, appropriations, or activities that are designed to

 5  prevent a child from becoming a "child in need of services,"

 6  as defined in chapter 984.  The report shall include a

 7  proposal for a statewide coordinated multiagency juvenile

 8  delinquency prevention policy.  In preparing the report, the

 9  department shall coordinate with and receive input from each

10  state agency or entity that receives or uses state

11  appropriations to fund programs, grants, appropriations, or

12  activities that are designed to prevent juvenile crime,

13  delinquency, gang membership, status offense, or that are

14  designed to prevent a child from becoming a "child in need of

15  services," as defined in chapter 984.  The report shall

16  identify whether legislation will be needed to effect a

17  statewide plan to coordinate the efforts of all state-funded

18  programs, grants, appropriations, or activities that are

19  designed to prevent juvenile crime, delinquency, gang

20  membership, or status offense behaviors and all state-funded

21  programs, grants, appropriations, or activities that are

22  designed to prevent a child from becoming a "child in need of

23  services," as defined in chapter 984. The report shall

24  consider the potential impact of requiring such state-funded

25  efforts to target at least one of the following strategies

26  designed to prevent youth from entering or reentering the

27  juvenile justice system and track the associated outcome data:

28         (a)  Encouraging youth to attend school, which may

29  include special assistance and tutoring to address

30  deficiencies in academic performance; outcome data to reveal

31  

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 1  the number of days youth attended school while participating

 2  in the program.

 3         (b)  Engaging youth in productive and wholesome

 4  activities during nonschool hours that build positive

 5  character or instill positive values, or that enhance

 6  educational experiences; outcome data to reveal the number of

 7  youth who are arrested during nonschool hours while

 8  participating in the program.

 9         (c)  Encouraging youth to avoid the use of violence;

10  outcome data to reveal the number of youth who are arrested

11  for crimes involving violence while participating in the

12  program.

13         (d)  Assisting youth to acquire skills needed to find

14  meaningful employment, which may include assistance in finding

15  a suitable employer for the youth; outcome data to reveal the

16  number of youth who obtain and maintain employment for at

17  least 180 days.

18  

19  The department is encouraged to identify additional strategies

20  which may be relevant to preventing youth from becoming

21  children in need of services and to preventing juvenile crime,

22  delinquency, gang membership and status offense behaviors.

23  The report shall consider the feasibility of developing

24  uniform performance measures and methodology for collecting

25  such outcome data to be utilized by all state-funded programs,

26  grants, appropriations, or activities that are designed to

27  prevent juvenile crime, delinquency, gang membership, or

28  status offense behaviors and all state-funded programs,

29  grants, appropriations, or activities that are designed to

30  prevent a child from becoming a "child in need of services,"

31  as defined in chapter 984.  The prevention service program is

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 1  encouraged to identify other issues that may be of critical

 2  importance to preventing a child from becoming a child in need

 3  of services, as defined in chapter 984, or to preventing

 4  juvenile crime, delinquency, gang membership, or status

 5  offense behaviors.

 6         (2)(3)  The department shall expend funds related to

 7  the prevention of juvenile delinquency in a manner consistent

 8  with the policies expressed in ss. 984.02 and 985.02.  The

 9  department shall expend said funds in a manner that maximizes

10  public accountability and ensures the documentation of

11  outcomes.

12         (a)  All entities  that receive or use state moneys to

13  fund juvenile delinquency prevention services through

14  contracts or grants with the department shall design the

15  programs providing such services to further one or more of the

16  strategies specified in paragraphs (2)(a)-(d).

17         (b)  The department shall develop an outcome measure

18  for each program strategy specified in paragraphs (2)(a)-(d)

19  that logically relates to the risk factor addressed by the

20  strategy.

21         (c)  All entities that receive or use state moneys to

22  fund the juvenile delinquency prevention services through

23  contracts or grants with the department shall, as a condition

24  of receipt of state funds, provide the department with

25  personal demographic information concerning all participants

26  in the service sufficient to allow the department to verify

27  criminal or delinquent history information, school attendance

28  or academic information, employment information, or other

29  requested performance information.

30         Section 180.  Section 985.3046, Florida Statutes, is

31  repealed.

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 1         Section 181.  Subsection (5) of section 985.305,

 2  Florida Statutes, is repealed.

 3         Section 182.  Subsection (9) of section 985.309,

 4  Florida Statutes, is amended to read:

 5         985.309  Boot camp for children.--

 6         (9)  If a department-operated boot camp fails to pass

 7  the department's quarterly inspection and evaluation, the

 8  department must take necessary and sufficient steps to ensure

 9  and document program changes to achieve compliance with

10  department rules.  If the department-operated boot camp fails

11  to achieve compliance with department rules within 3 months

12  and if there are no documented extenuating circumstances, the

13  department may take must notify the Executive Office of the

14  Governor and the Legislature of the corrective action taken.

15  Appropriate corrective action may include, but is not limited

16  to:

17         (a)  Contracting out for the operation of the boot

18  camp;

19         (b)  Initiating appropriate disciplinary action against

20  all employees whose conduct or performance is deemed to have

21  materially contributed to the program's failure to meet

22  department rules;

23         (c)  Redesigning the program; or

24         (d)  Realigning the program.

25         Section 183.  Paragraph (a) of subsection (1) of

26  section 985.31, Florida Statutes, is amended to read:

27         985.31  Serious or habitual juvenile offender.--

28         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

29  the provisions of this chapter and the establishment of

30  appropriate program guidelines and standards, contractual

31  

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 1  instruments, which shall include safeguards of all

 2  constitutional rights, shall be developed as follows:

 3         (a)  The department shall provide for:

 4         1.  The oversight of implementation of assessment and

 5  treatment approaches.

 6         2.  The identification and prequalification of

 7  appropriate individuals or not-for-profit organizations,

 8  including minority individuals or organizations when possible,

 9  to provide assessment and treatment services to serious or

10  habitual delinquent children.

11         3.  The monitoring and evaluation of assessment and

12  treatment services for compliance with the provisions of this

13  chapter and all applicable rules and guidelines pursuant

14  thereto.

15         4.  The development of an annual report on the

16  performance of assessment and treatment to be presented to the

17  Governor, the Attorney General, the President of the Senate,

18  the Speaker of the House of Representatives, and the Auditor

19  General no later than January 1 of each year.

20         Section 184.  Paragraph (a) of subsection (1) of

21  section 985.311, Florida Statutes, is amended to read:

22         985.311  Intensive residential treatment program for

23  offenders less than 13 years of age.--

24         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

25  the provisions of this chapter and the establishment of

26  appropriate program guidelines and standards, contractual

27  instruments, which shall include safeguards of all

28  constitutional rights, shall be developed for intensive

29  residential treatment programs for offenders less than 13

30  years of age as follows:

31         (a)  The department shall provide for:

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 1         1.  The oversight of implementation of assessment and

 2  treatment approaches.

 3         2.  The identification and prequalification of

 4  appropriate individuals or not-for-profit organizations,

 5  including minority individuals or organizations when possible,

 6  to provide assessment and treatment services to intensive

 7  offenders less than 13 years of age.

 8         3.  The monitoring and evaluation of assessment and

 9  treatment services for compliance with the provisions of this

10  chapter and all applicable rules and guidelines pursuant

11  thereto.

12         4.  The development of an annual report on the

13  performance of assessment and treatment to be presented to the

14  Governor, the Attorney General, the President of the Senate,

15  the Speaker of the House of Representatives, the Auditor

16  General, and the Office of Program Policy Analysis and

17  Government Accountability no later than January 1 of each

18  year.

19         Section 185.  Subsection (1) of section 985.3155,

20  Florida Statutes, is amended to read:

21         985.3155  Multiagency plan for vocational education.--

22         (1)  The Department of Juvenile Justice and the

23  Department of Education shall, in consultation with the

24  statewide Workforce Development Youth Council, school

25  districts, providers, and others, jointly develop a

26  multiagency plan for vocational education that establishes the

27  curriculum, goals, and outcome measures for vocational

28  programs in juvenile commitment facilities. The plan must

29  include:

30  

31  

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 1         (a)  Provisions for maximizing appropriate state and

 2  federal funding sources, including funds under the Workforce

 3  Investment Act and the Perkins Act;

 4         (b)  The responsibilities of both departments and all

 5  other appropriate entities; and

 6         (c)  A detailed implementation schedule.

 7  

 8  The plan must be submitted to the Governor, the President of

 9  the Senate, and the Speaker of the House of Representatives by

10  May 1, 2001.

11         Section 186.  Section 985.403, Florida Statutes, is

12  repealed.

13         Section 187.  Subsection (7) of section 985.412,

14  Florida Statutes, is repealed.

15         Section 188.  Subsection (4) of section 1003.492,

16  Florida Statutes, is repealed.

17         Section 189.  Section 1006.0605, Florida Statutes, is

18  repealed.

19         Section 190.  Subsection (8) of section 1011.32,

20  Florida Statutes, is amended to read:

21         1011.32  Community College Facility Enhancement

22  Challenge Grant Program.--

23         (8)  By September 1 of each year, the State Board of

24  Education shall transmit to the Governor and Legislature a

25  list of projects which meet all eligibility requirements to

26  participate in the Community College Facility Enhancement

27  Challenge Grant Program and a budget request which includes

28  the recommended schedule necessary to complete each project.

29         Section 191.  Subsection (5) of section 1011.4105,

30  Florida Statutes, is repealed.

31  

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 1         Section 192.  Subsection (13) of section 1013.03,

 2  Florida Statutes, is repealed.

 3         Section 193.  Paragraph (g) of subsection (1) of

 4  section 370.12, Florida Statutes, is amended to read:

 5         370.12  Marine animals; regulation.--

 6         (1)  PROTECTION OF MARINE TURTLES.--

 7         (g)  The Department of Environmental Protection may

 8  condition the nature, timing, and sequence of construction of

 9  permitted activities to provide protection to nesting marine

10  turtles and hatchlings and their habitat pursuant to s.

11  161.053(4) the provisions of s. 161.053(5).  When the

12  department is considering a permit for a beach restoration,

13  beach renourishment, or inlet sand transfer project and the

14  applicant has had an active marine turtle nest relocation

15  program or the applicant has agreed to and has the ability to

16  administer a program, the department must not restrict the

17  timing of the project.  Where appropriate, the department, in

18  accordance with the applicable rules of the Fish and Wildlife

19  Conservation Commission, shall require as a condition of the

20  permit that the applicant relocate and monitor all turtle

21  nests that would be affected by the beach restoration, beach

22  renourishment, or sand transfer activities.  Such relocation

23  and monitoring activities shall be conducted in a manner that

24  ensures successful hatching. This limitation on the

25  department's authority applies only on the Atlantic coast of

26  Florida.

27         Section 194.  Paragraph (d) of subsection (2) of

28  section 372.672, Florida Statutes, is amended to read:

29         372.672  Florida Panther Research and Management Trust

30  Fund.--

31  

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 1         (2)  Money from the fund shall be spent only for the

 2  following purposes:

 3         (d)  To fund and administer education programs

 4  authorized in s. 372.674.

 5         Section 195.  Subsections (1) and (2) of section

 6  409.91196, Florida Statutes, are amended to read:

 7         409.91196  Supplemental rebate agreements;

 8  confidentiality of records and meetings.--

 9         (1)  Trade secrets, rebate amount, percent of rebate,

10  manufacturer's pricing, and supplemental rebates which are

11  contained in records of the Agency for Health Care

12  Administration and its agents with respect to supplemental

13  rebate negotiations and which are prepared pursuant to a

14  supplemental rebate agreement under s. 409.912(38)(a)7. s.

15  409.912(40)(a)7. are confidential and exempt from s. 119.07

16  and s. 24(a), Art. I of the State Constitution.

17         (2)  Those portions of meetings of the Medicaid

18  Pharmaceutical and Therapeutics Committee at which trade

19  secrets, rebate amount, percent of rebate, manufacturer's

20  pricing, and supplemental rebates are disclosed for discussion

21  or negotiation of a supplemental rebate agreement under s.

22  409.912(38)(a)7. s. 409.912(40)(a)7. are exempt from s.

23  286.011 and s. 24(b), Art. I of the State Constitution.

24         Section 196.  Paragraph (d) of subsection (5) of

25  section 411.01, Florida Statutes, as amended by section 2 of

26  chapter 2004-484, Laws of Florida, is amended to read:

27         411.01  School readiness programs; early learning

28  coalitions.--

29         (5)  CREATION OF EARLY LEARNING COALITIONS.--

30         (d)  Implementation.--

31  

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 1         1.  An early learning coalition may not implement the

 2  school readiness program until the coalition is authorized

 3  through approval of the coalition's school readiness plan by

 4  the Agency for Workforce Innovation.

 5         2.  Each early learning coalition shall develop a plan

 6  for implementing the school readiness program to meet the

 7  requirements of this section and the performance standards and

 8  outcome measures adopted by the Agency for Workforce

 9  Innovation. The plan must demonstrate how the program will

10  ensure that each 3-year-old and 4-year-old child in a publicly

11  funded school readiness program receives scheduled activities

12  and instruction designed to enhance the age-appropriate

13  progress of the children in attaining the performance

14  standards adopted by the Agency for Workforce Innovation under

15  subparagraph (4)(d)8. Before implementing the school readiness

16  program, the early learning coalition must submit the plan to

17  the Agency for Workforce Innovation for approval. The Agency

18  for Workforce Innovation may approve the plan, reject the

19  plan, or approve the plan with conditions. The Agency for

20  Workforce Innovation shall review school readiness plans at

21  least annually.

22         3.  If the Agency for Workforce Innovation determines

23  during the annual review of school readiness plans, or through

24  monitoring and performance evaluations conducted under

25  paragraph (4)(l), that an early learning coalition has not

26  substantially implemented its plan, has not substantially met

27  the performance standards and outcome measures adopted by the

28  agency, or has not effectively administered the school

29  readiness program or Voluntary Prekindergarten Education

30  Program, the Agency for Workforce Innovation may dissolve the

31  coalition and temporarily contract with a qualified entity to

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 1  continue school readiness and prekindergarten services in the

 2  coalition's county or multicounty region until the coalition

 3  is reestablished through resubmission of a school readiness

 4  plan and approval by the agency.

 5         4.  The Agency for Workforce Innovation shall adopt

 6  criteria for the approval of school readiness plans. The

 7  criteria must be consistent with the performance standards and

 8  outcome measures adopted by the agency and must require each

 9  approved plan to include the following minimum standards and

10  provisions:

11         a.  A sliding fee scale establishing a copayment for

12  parents based upon their ability to pay, which is the same for

13  all program providers, to be implemented and reflected in each

14  program's budget.

15         b.  A choice of settings and locations in licensed,

16  registered, religious-exempt, or school-based programs to be

17  provided to parents.

18         c.  Instructional staff who have completed the training

19  course as required in s. 402.305(2)(d)1., as well as staff who

20  have additional training or credentials as required by the

21  Agency for Workforce Innovation. The plan must provide a

22  method for assuring the qualifications of all personnel in all

23  program settings.

24         d.  Specific eligibility priorities for children within

25  the early learning coalition's county or multicounty region in

26  accordance with subsection (6).

27         e.  Performance standards and outcome measures adopted

28  by the Agency for Workforce Innovation.

29         f.  Payment rates adopted by the early learning

30  coalition and approved by the Agency for Workforce Innovation.

31  Payment rates may not have the effect of limiting parental

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 1  choice or creating standards or levels of services that have

 2  not been authorized by the Legislature.

 3         g.  Systems support services, including a central

 4  agency, child care resource and referral, eligibility

 5  determinations, training of providers, and parent support and

 6  involvement.

 7         h.  Direct enhancement services to families and

 8  children. System support and direct enhancement services shall

 9  be in addition to payments for the placement of children in

10  school readiness programs.

11         i.  The business organization of the early learning

12  coalition, which must include the coalition's articles of

13  incorporation and bylaws if the coalition is organized as a

14  corporation. If the coalition is not organized as a

15  corporation or other business entity, the plan must include

16  the contract with a fiscal agent. An early learning coalition

17  may contract with other coalitions to achieve efficiency in

18  multicounty services, and these contracts may be part of the

19  coalition's school readiness plan.

20         j.  Strategies to meet the needs of unique populations,

21  such as migrant workers.

22  

23  As part of the school readiness plan, the early learning

24  coalition may request the Governor to apply for a waiver to

25  allow the coalition to administer the Head Start Program to

26  accomplish the purposes of the school readiness program. If a

27  school readiness plan demonstrates that specific statutory

28  goals can be achieved more effectively by using procedures

29  that require modification of existing rules, policies, or

30  procedures, a request for a waiver to the Agency for Workforce

31  Innovation may be submitted as part of the plan. Upon review,

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 1  the Agency for Workforce Innovation may grant the proposed

 2  modification.

 3         5.  Persons with an early childhood teaching

 4  certificate may provide support and supervision to other staff

 5  in the school readiness program.

 6         6.  An early learning coalition may not implement its

 7  school readiness plan until it submits the plan to and

 8  receives approval from the Agency for Workforce Innovation.

 9  Once the plan is approved, the plan and the services provided

10  under the plan shall be controlled by the early learning

11  coalition. The plan shall be reviewed and revised as

12  necessary, but at least biennially. An early learning

13  coalition may not implement the revisions until the coalition

14  submits the revised plan to and receives approval from the

15  Agency for Workforce Innovation. If the Agency for Workforce

16  Innovation rejects a revised plan, the coalition must continue

17  to operate under its prior approved plan.

18         7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do

19  not apply to an early learning coalition with an approved

20  school readiness plan. To facilitate innovative practices and

21  to allow the regional establishment of school readiness

22  programs, an early learning coalition may apply to the

23  Governor and Cabinet for a waiver of, and the Governor and

24  Cabinet may waive, any of the provisions of ss. 411.223,

25  411.232, and 1003.54, if the waiver is necessary for

26  implementation of the coalition's school readiness plan.

27         8.  Two or more counties may join for purposes of

28  planning and implementing a school readiness program.

29         9.  An early learning coalition may, subject to

30  approval by the Agency for Workforce Innovation as part of the

31  coalition's school readiness plan, receive subsidized child

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 1  care funds for all children eligible for any federal

 2  subsidized child care program.

 3         10.  An early learning coalition may enter into

 4  multiparty contracts with multicounty service providers in

 5  order to meet the needs of unique populations such as migrant

 6  workers.

 7         Section 197.  Paragraph (a) of subsection (3) of

 8  section 411.232, Florida Statutes, is amended to read:

 9         411.232  Children's Early Investment Program.--

10         (3)  ESSENTIAL ELEMENTS.--

11         (a)  Initially, the program shall be directed to

12  geographic areas where at-risk young children and their

13  families are in greatest need because of an unfavorable

14  combination of economic, social, environmental, and health

15  factors, including, without limitation, extensive poverty,

16  high crime rate, great incidence of low birthweight babies,

17  high incidence of alcohol and drug abuse, and high rates of

18  teenage pregnancy. The selection of a geographic site shall

19  also consider the incidence of young children within these

20  at-risk geographic areas who are cocaine babies, children of

21  single mothers who receive temporary cash assistance, children

22  of teenage parents, low birthweight babies, and very young

23  foster children.  To receive funding under this section, an

24  agency, board, council, or provider must demonstrate:

25         1.  Its capacity to administer and coordinate the

26  programs and services in a comprehensive manner and provide a

27  flexible range of services;

28         2.  Its capacity to identify and serve those children

29  least able to access existing programs and case management

30  services;

31  

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 1         3.  Its capacity to administer and coordinate the

 2  programs and services in an intensive and continuous manner;

 3         4.  The proximity of its facilities to young children,

 4  parents, and other family members to be served by the program,

 5  or its ability to provide offsite services;

 6         5.  Its ability to use existing federal, state, and

 7  local governmental programs and services in implementing the

 8  investment program;

 9         6.  Its ability to coordinate activities and services

10  with existing public and private, state and local agencies and

11  programs such as those responsible for health, education,

12  social support, mental health, child care, respite care,

13  housing, transportation, alcohol and drug abuse treatment and

14  prevention, income assistance, employment training and

15  placement, nutrition, and other relevant services, all the

16  foregoing intended to assist children and families at risk;

17         7.  How its plan will involve project participants and

18  community representatives in the planning and operation of the

19  investment program; and

20         8.  Its ability to participate in the evaluation

21  component required in this section.; and

22         9.  Its consistency with the strategic plan pursuant to

23  s. 411.221.

24         Section 198.  Subsection (4) of section 641.386,

25  Florida Statutes, is amended to read:

26         641.386  Agent licensing and appointment required;

27  exceptions.--

28         (4)  All agents and health maintenance organizations

29  shall comply with and be subject to the applicable provisions

30  of ss. 641.309 and 409.912(20) 409.912(21), and all companies

31  and entities appointing agents shall comply with s. 626.451,

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 1  when marketing for any health maintenance organization

 2  licensed pursuant to this part, including those organizations

 3  under contract with the Agency for Health Care Administration

 4  to provide health care services to Medicaid recipients or any

 5  private entity providing health care services to Medicaid

 6  recipients pursuant to a prepaid health plan contract with the

 7  Agency for Health Care Administration.

 8         Section 199.  Subsection (2) of section 20.165, Florida

 9  Statutes, is amended to read:

10         20.165  Department of Business and Professional

11  Regulation.--There is created a Department of Business and

12  Professional Regulation.

13         (2)  The following divisions of the Department of

14  Business and Professional Regulation are established:

15         (a)  Division of Administration.

16         (b)  Division of Alcoholic Beverages and Tobacco.

17         (c)  Division of Certified Public Accounting.

18         1.  The director of the division shall be appointed by

19  the secretary of the department, subject to approval by a

20  majority of the Board of Accountancy.

21         2.  The offices of the division shall be located in

22  Gainesville.

23         (d)  Division of Florida Land Sales, Condominiums, and

24  Mobile Homes.

25         (e)  Division of Hotels and Restaurants.

26         (f)  Division of Pari-mutuel Wagering.

27         (g)  Division of Professions and Regulation.

28         (h)  Division of Real Estate.

29         1.  The director of the division shall be appointed by

30  the secretary of the department, subject to approval by a

31  majority of the Florida Real Estate Commission.

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 1         2.  The offices of the division shall be located in

 2  Orlando.

 3         (i)  Division of Service Operations Regulation.

 4         (j)  Division of Technology, Licensure, and Testing.

 5         Section 200.  Effective October 1, 2005, paragraph (a)

 6  of subsection (4) of section 20.165, Florida Statutes, as

 7  amended by section 135 of chapter 2004-301, Laws of Florida,

 8  is amended to read:

 9         20.165  Department of Business and Professional

10  Regulation.--There is created a Department of Business and

11  Professional Regulation.

12         (4)(a)  The following boards are established within the

13  Division of Professions and Regulation:

14         1.  Board of Architecture and Interior Design, created

15  under part I of chapter 481.

16         2.  Florida Board of Auctioneers, created under part VI

17  of chapter 468.

18         3.  Barbers' Board, created under chapter 476.

19         4.  Florida Building Code Administrators and Inspectors

20  Board, created under part XII of chapter 468.

21         5.  Construction Industry Licensing Board, created

22  under part I of chapter 489.

23         6.  Board of Cosmetology, created under chapter 477.

24         7.  Electrical Contractors' Licensing Board, created

25  under part II of chapter 489.

26         8.  Board of Employee Leasing Companies, created under

27  part XI of chapter 468.

28         9.  Board of Landscape Architecture, created under part

29  II of chapter 481.

30         10.  Board of Pilot Commissioners, created under

31  chapter 310.

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 1         11.  Board of Professional Engineers, created under

 2  chapter 471.

 3         12.  Board of Professional Geologists, created under

 4  chapter 492.

 5         13.  Board of Professional Surveyors and Mappers,

 6  created under chapter 472.

 7         14.  Board of Veterinary Medicine, created under

 8  chapter 474.

 9         Section 201.  Subsections (1) and (6) of section

10  455.01, Florida Statutes, are amended to read:

11         455.01  Definitions.--As used in this chapter, the

12  term:

13         (1)  "Board" means any board or commission, or other

14  statutorily created entity to the extent such entity is

15  authorized to exercise regulatory or rulemaking functions,

16  within the department, including the Florida Real Estate

17  Commission; except that, for ss. 455.201-455.245, "board"

18  means only a board, or other statutorily created entity to the

19  extent such entity is authorized to exercise regulatory or

20  rulemaking functions, within the Division of Certified Public

21  Accounting, the Division of Professions and Regulation, or the

22  Division of Real Estate.

23         (6)  "Profession" means any activity, occupation,

24  profession, or vocation regulated by the department in the

25  Divisions of Certified Public Accounting, Professions and

26  Regulation, and Real Estate, and Regulation.

27         Section 202.  Section 455.017, Florida Statutes, is

28  amended to read:

29         455.017  Applicability of this chapter.--The provisions

30  of this chapter apply only to the regulation by the Department

31  of Business and Professional Regulations professions.

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 1         Section 203.  Subsection (1) of section 455.217,

 2  Florida Statutes, is amended to read:

 3         455.217  Examinations.--This section shall be read in

 4  conjunction with the appropriate practice act associated with

 5  each regulated profession under this chapter.

 6         (1)  The Division of Service Operations Technology,

 7  Licensure, and Testing of the Department of Business and

 8  Professional Regulation shall provide, contract, or approve

 9  services for the development, preparation, administration,

10  scoring, score reporting, and evaluation of all examinations.

11  The division shall seek the advice of the appropriate board in

12  providing such services.

13         (a)  The department, acting in conjunction with the

14  Division of Service Operations Technology, Licensure, and

15  Testing and the Division of Real Estate, as appropriate, shall

16  ensure that examinations adequately and reliably measure an

17  applicant's ability to practice the profession regulated by

18  the department. After an examination developed or approved by

19  the department has been administered, the board or department

20  may reject any question which does not reliably measure the

21  general areas of competency specified in the rules of the

22  board or department, when there is no board. The department

23  shall use professional testing services for the development,

24  preparation, and evaluation of examinations, when such

25  services are available and approved by the board.

26         (b)  For each examination developed by the department

27  or contracted vendor, to the extent not otherwise specified by

28  statute, the board or the department when there is no board,

29  shall by rule specify the general areas of competency to be

30  covered by the examination, the relative weight to be assigned

31  in grading each area tested, the score necessary to achieve a

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 1  passing grade, and the fees, where applicable, to cover the

 2  actual cost for any purchase, development, and administration

 3  of the required examination. However, statutory fee caps in

 4  each practice act shall apply. This subsection does not apply

 5  to national examinations approved and administered pursuant to

 6  paragraph (d).

 7         (c)  If a practical examination is deemed to be

 8  necessary, rules shall specify the criteria by which examiners

 9  are to be selected, the grading criteria to be used by the

10  examiner, the relative weight to be assigned in grading each

11  criterion, and the score necessary to achieve a passing grade.

12  When a mandatory standardization exercise for a practical

13  examination is required by law, the board may conduct such

14  exercise. Therefore, board members may serve as examiners at a

15  practical examination with the consent of the board.

16         (d)  A board, or the department when there is no board,

17  may approve by rule the use of any national examination which

18  the department has certified as meeting requirements of

19  national examinations and generally accepted testing standards

20  pursuant to department rules.  Providers of examinations,

21  which may be either profit or nonprofit entities, seeking

22  certification by the department shall pay the actual costs

23  incurred by the department in making a determination regarding

24  the certification. The department shall use any national

25  examination which is available, certified by the department,

26  and approved by the board.  The name and number of a candidate

27  may be provided to a national contractor for the limited

28  purpose of preparing the grade tape and information to be

29  returned to the board or department or, to the extent

30  otherwise specified by rule, the candidate may apply directly

31  to the vendor of the national examination. The department may

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 1  delegate to the board the duty to provide and administer the

 2  examination.  Any national examination approved by a board, or

 3  the department when there is no board, prior to October 1,

 4  1997, is deemed certified under this paragraph.  Any licensing

 5  or certification examination that is not developed or

 6  administered by the department in-house or provided as a

 7  national examination shall be competitively bid.

 8         (e)  The department shall adopt rules regarding the

 9  security and monitoring of examinations. In order to maintain

10  the security of examinations, the department may employ the

11  procedures set forth in s. 455.228 to seek fines and

12  injunctive relief against an examinee who violates the

13  provisions of s. 455.2175 or the rules adopted pursuant to

14  this paragraph. The department, or any agent thereof, may, for

15  the purposes of investigation, confiscate any written,

16  photographic, or recording material or device in the

17  possession of the examinee at the examination site which the

18  department deems necessary to enforce such provisions or

19  rules.

20         (f)  If the professional board with jurisdiction over

21  an examination concurs, the department may, for a fee, share

22  with any other state's licensing authority an examination

23  developed by or for the department unless prohibited by a

24  contract entered into by the department for development or

25  purchase of the examination. The department, with the

26  concurrence of the appropriate board, shall establish

27  guidelines that ensure security of a shared exam and shall

28  require that any other state's licensing authority comply with

29  those guidelines. Those guidelines shall be approved by the

30  appropriate professional board. All fees paid by the user

31  shall be applied to the department's examination and

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 1  development program for professions regulated by this chapter.

 2  All fees paid by the user for professions not regulated by

 3  this chapter shall be applied to offset the fees for the

 4  development and administration of that profession's

 5  examination.  If both a written and a practical examination

 6  are given, an applicant shall be required to retake only the

 7  portion of the examination for which he or she failed to

 8  achieve a passing grade, if he or she successfully passes that

 9  portion within a reasonable time of his or her passing the

10  other portion.

11         Section 204.  Except as otherwise expressly provided in

12  this act, this act shall take effect upon becoming a law.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2546

 3                                 

 4  The Committee Substitute removes from the bill amendments to
    or deletions of certain sections of the Florida Statutes.
 5  Therefore, the following sections of the Florida Statutes that
    would have been amended or repealed in the bill are not
 6  amended or repealed under the Committee Substitute: 20.315,
    39.3065, 39.523, 120.542, 194.034, 215.5601, 215.70, 216.103,
 7  216.172, 216.181, 253.7829, 272.121, 287.045, 287.16,
    288.1045, 288.1226, 288.7771, 365.171, 369.22, 380.0677,
 8  381.931, 383.19, 383.21, 383.2161, 384.25, 397.332, 400.408,
    400.441, 402.3016, 403.067, 403.7226, 403.7265, 409.1679(2),
 9  409.1685, 409.178, 409.441, 445.022, 445.049, 446.609,
    456.005, 627.351, 627.64872, 932.7055, 944.023, 1001.02,
10  1001.03, 1002.34, 1003.61, 1004.22, 1004.50, 1004.94, 1006.67,
    1007.27, 1009.70, 1011.62, 1012.05, 1012.42, and 1011.82.
11  
    The Committee Substitute deletes a study and reporting
12  requirement of the Office of the State Courts Administrator
    relating to an Attorney Ad Litem program that the bill had
13  assigned responsibility for to the Statewide Guardian Ad Litem
    Office.
14  
    The Committee Substitute adjusts some division names at the
15  Department of Business and Professional Regulation by changing
    references in ss. 20.165 and 455.01, F.S., from the Division
16  of Professions to the Division of Professions and Regulation,
    and from the Division of Regulation to the Division of Service
17  Operations.

18  Section 455.017, F.S., is amended to change a reference from
    the "Department of professions" to the Department of Business
19  and professional Regulation.

20  Section 455.217, F.S., is amended to change duties from the
    the Division of Technology, Licensure and Testing of the DBPR
21  to the Division of Service Operations, relating to
    examinations for regulated professions.
22  

23  Section 455.017, F.S., is amended to change a reference from
    the "Department of professions" to the Department of Business
24  and Professional Regulation.

25  

26  

27  

28  

29  

30  

31  

                                 183

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

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