Bill Text: FL S1238 | 2010 | Regular Session | Engrossed

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Bill Title: Review/DMS/Florida Government Accountability Act [GPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Conference Committee, companion bill(s) passed, see CS/SB 2386 (Ch. 2010-151) [S1238 Detail]

Download: Florida-2010-S1238-Engrossed.html

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CS for CS for SB 1238                            First Engrossed 
20101238e1 
1                        A bill to be entitled 
2         An act relating to a review of the Department of 
3         Management Services under the Florida Government 
4         Accountability Act; transferring certain programs and 
5         related trust funds from the department to other state 
6         agencies within the executive branch; authorizing the 
7         Executive Office of the Governor to transfer funds and 
8         positions with the approval of the Legislative Budget 
9         Commission; requesting the interim assistance of the 
10         Division of Statutory Revision to prepare conforming 
11         legislation for the next regular session of the 
12         Legislature; amending ss. 11.917, 14.057, 14.204, 
13         16.615, and 20.04, F.S.; conforming provisions to 
14         changes made by the act; amending s. 20.22, F.S.; 
15         changing the name of the department to the Department 
16         of Personnel Management; conforming provisions to 
17         changes made by the act; amending s. 20.255, F.S.; 
18         providing for an additional deputy secretary within 
19         the Department of Environmental Protection; creating 
20         the Division of Facilities Management and Building 
21         Construction within the department; amending ss. 
22         20.23, 20.331, 20.50, 24.105, 24.120, 29.008, 29.21, 
23         110.1055, 110.107, 110.1099, 110.116, 110.121, 
24         110.1227, 110.1228, 110.123, 110.12312, 110.12315, 
25         110.1232, 110.1234, 110.1245, 110.125, 110.131, 
26         110.151, 110.1522, 110.161, 110.171, 110.181, 
27         110.2035, 110.2037, 110.205, 110.2135, 110.227, 
28         110.403, 110.405, 110.406, 110.503, 110.605, 110.606, 
29         112.0455, 112.05, 112.08, 112.0804, 112.24, 112.3173, 
30         112.31895, 112.352, 112.354, 112.358, 112.361, 
31         112.362, 112.363, 112.63, 112.64, 112.658, 112.661, 
32         112.665, 120.65, 121.021, 121.025, 121.031, 121.051, 
33         121.0511, 121.0515, 121.055, and 121.1815, F.S.; 
34         conforming provisions to changes made by the act; 
35         repealing s. 121.1905, F.S., relating to the creation 
36         of the Division of Retirement; amending ss. 121.192, 
37         121.22, 121.23, 121.24, 121.35, 121.40, 121.4501, 
38         121.4503, 121.591, 121.5911, 121.78, 122.02, 122.09, 
39         122.23, 122.34, 145.19, 154.04, 163.3184, 175.032, 
40         175.1215, 175.361, 185.02, 185.105, 185.37, 189.4035, 
41         189.412, 210.20, 210.75, 213.053, 215.196, 215.22, 
42         215.28, 215.422, 215.425, 215.47, 215.50, 215.94, 
43         215.96, 216.0152, 216.016, 216.023, 216.044, 216.163, 
44         216.237, 216.238, 216.262, 216.292, 217.02, 217.04, 
45         217.045, 238.01, 238.02, 238.03, 238.07, 238.09, 
46         238.10, 238.11, 238.12, 238.15, 238.171, 238.181, 
47         238.32, 250.22, 252.385, 253.034, 253.126, 253.45, 
48         255.02, 255.043, 255.05, 255.0525, 255.248, 255.249, 
49         255.25, 255.25001, 255.252, 255.253, 255.257, 
50         255.2575, 255.259, 255.28, 255.29, 255.30, 255.31, 
51         255.32, 255.45, 255.451, 255.502, 255.503, 255.504, 
52         255.505, 255.506, 255.507, 255.508, 255.509, 255.51, 
53         255.511, 255.513, 255.514, 255.515, 255.517, 255.518, 
54         255.52, 255.521, 255.522, 255.523, 255.555, 265.001, 
55         265.2865, 267.061, 267.0625, 267.075, 270.27, 272.03, 
56         272.04, 272.05, 272.06, 272.07, 272.08, 272.09, 
57         272.12, 272.121, 272.122, 272.124, 272.129, 272.16, 
58         272.161, 272.18, 272.185, 273.055, 281.02, 281.03, 
59         281.06, 281.07, 281.08, 282.0041, 282.205, 282.604, 
60         282.702, 282.703, 282.704, 282.705, 282.706, 282.707, 
61         282.709, 282.7101, 282.711, 283.30, 283.32, 284.01, 
62         284.04, 284.05, 284.08, 284.33, 284.385, 284.42, 
63         285.06, 285.14, 286.29, 287.012, 287.025, 287.032, 
64         287.042, 287.055, 287.057, and 287.05721, F.S.; 
65         conforming provisions to changes made by the act; 
66         repealing s. 287.0573, F.S., relating to the Council 
67         on Efficient Government; amending ss. 287.0574, 
68         287.076, 287.083, and 287.0834, F.S.; conforming 
69         provisions to changes made by the act; amending s. 
70         287.084, F.S.; providing a preference in a competitive 
71         solicitation to vendors within this state under 
72         certain circumstances; amending ss. 287.0943, 
73         287.09451, 287.131, 287.133, 287.134, 287.15, 287.151, 
74         287.155, 287.16, 287.161, 287.17, 287.18, 287.19, 
75         288.021, 288.109, 288.1092, 288.1093, 288.1185, 
76         288.15, 288.17, 288.18, 288.703, 288.706, 288.708, 
77         288.7091, 288.712, 288.901, 295.187, 318.18, 318.21, 
78         320.0802, 320.08056, 321.04, 328.72, 337.02, 337.023, 
79         337.165, 338.2216, 338.227, 350.0614, 350.125, 
80         364.0135, 364.515, 364.516, 365.171, 365.172, 365.173, 
81         373.4596, 373.461, 376.10, 377.703, 381.98, 394.9151, 
82         395.1031, 400.121, 401.013, 401.015, 401.018, 401.021, 
83         401.024, 401.027, 401.245, 402.35, 402.50, 403.061, 
84         403.42, 403.518, 403.5365, 403.7065, 403.714, 
85         403.7145, 403.71852, 406.075, 408.039, 408.910, 
86         413.036, 413.051, 414.37, 429.14, 440.2715, 440.45, 
87         445.009, 447.205, 455.32, 471.038, 489.145, 553.995, 
88         570.07, 627.096, 633.382, 650.02, 760.04, 766.302, 
89         768.1326, 943.03, 943.0311, 943.13, 943.61, 943.66, 
90         943.681, 944.02, 944.10, 944.115, 944.713, 944.72, 
91         944.8041, 945.215, 946.504, 946.515, 946.525, 957.04, 
92         957.06, 957.07, 957.08, 957.14, 957.15, 957.16, 
93         1001.27, 1001.42, 1001.705, 1001.706, 1001.74, 
94         1002.36, 1002.37, 1004.58, 1012.33, 1012.34, 1012.61, 
95         1012.796, 1012.865, 1012.875, 1013.03, 1013.23, s. 
96         1013.30, and 1013.38, F.S.; conforming provision to 
97         changes made by the act; requiring that the Department 
98         of Environmental Protection coordinate the collection 
99         of certain information during the 2010-2011 fiscal 
100         year; requiring that state agencies submit such 
101         information on or before a specified deadline; 
102         requiring that the department submit a plan to 
103         centralize all real estate leasing and facilities 
104         operations and maintenance to the Executive Office of 
105         the Governor and Legislature on or before a specified 
106         date; requiring that such information be included in 
107         each agency’s legislative budget request for the 2011 
108         2012 fiscal year as a transfer to the Department of 
109         Asset Management; creating s. 20.51, F.S.; 
110         establishing the Department of Asset Management; 
111         transferring certain divisions and programs in the 
112         Department of Environmental Protection to the 
113         Department of Asset Management; providing effective 
114         dates. 
115 
116         WHEREAS, the Florida Government Accountability Act, ss. 
117  11.901-11.920, Florida Statutes, requires the Department of 
118  Management Services to undergo a sunset review by July 1, 2010, 
119  in order to determine whether the agency should be retained, 
120  modified, or abolished, and 
121         WHEREAS, in anticipation of that review, the Department of 
122  Management Services produced a report pursuant to s. 11.906, 
123  Florida Statutes, and 
124         WHEREAS, upon receipt of that report, the Joint Legislative 
125  Sunset Committee and the Legislative Sunset Review Committees of 
126  the Senate and the House of Representatives reviewed the report 
127  and directed the Office of Program Policy Analysis and 
128  Government Accountability to conduct a review of the department, 
129  and 
130         WHEREAS, based on the department’s report, the reports 
131  prepared by the Office of Program Policy Analysis and Government 
132  Accountability, and public input, the Legislative Sunset Review 
133  Committees made recommendations on the abolition, continuation, 
134  or reorganization of the Department of Management Services; on 
135  the need for the functions performed by the department; and on 
136  the consolidation, transfer, or reorganization of programs 
137  within the department, NOW, THEREFORE, 
138 
139  Be It Enacted by the Legislature of the State of Florida: 
140 
141         Section 1. Type two transfers from the Department of 
142  Management Services.— 
143         (1) All powers, duties, functions, records, offices, 
144  personnel, property, pending issues, and existing contracts, 
145  administrative authority, administrative rules, and unexpended 
146  balances of appropriations, allocations, and other funds 
147  relating to the following programs in the Department of 
148  Management Services are transferred by a type two transfer, as 
149  defined in s. 20.06(2), Florida Statutes, as follows: 
150         (a) The executive aircraft pool established under s. 
151  287.161, Florida Statutes, is transferred to the Executive 
152  Office of the Governor. 
153         (b) The Division of State Purchasing, the Office of 
154  Supplier Diversity, the Fleet Management program, the Federal 
155  Surplus Property Donation Program, and the Bureau of Private 
156  Prison Monitoring are transferred to the Department of Financial 
157  Services. 
158         (c) The Facilities Program is transferred to the Department 
159  of Environmental Protection. 
160         (d) All programs relating to the delivery of 
161  telecommunications services, including, but not limited to, 
162  SUNCOM, are transferred to the Agency for Enterprise Information 
163  Technology. 
164         (e) All programs relating to the delivery of land mobile 
165  radio services, including local public safety radio services, 
166  state public safety radio services, emergency medical services, 
167  and the Florida Interoperability Network, are transferred to the 
168  Department of Law Enforcement. 
169         (2) The following trust funds are transferred: 
170         (a) From the Department of Management Services to the 
171  Department of Environmental Protection: 
172         1. The Architects Incidental Trust Fund, FLAIR number 72-2 
173  033. 
174         2. The Florida Facilities Pool Working Capital Trust Fund, 
175  FLAIR number 72-2-225. 
176         3. The Florida Facilities Pool Clearing Trust Fund, FLAIR 
177  number 72-2-313. 
178         4. The Public Facilities Finance Trust Fund, FLAIR number 
179  72-2-495. 
180         5. The Supervision Trust Fund, FLAIR number 72-2-696. 
181         (b) The Bureau of Aircraft Trust Fund, FLAIR number 72-2 
182  066, is transferred from the Department of Management Services 
183  to the Executive Office of the Governor: 
184         (c) From the Department of Management Services to the 
185  Agency for Enterprise Information Technology: 
186         1. The Communications Working Capital Trust Fund, FLAIR 
187  number 72-2-105. 
188         2. The Working Capital Trust Fund, FLAIR number 72-2-792. 
189         (d) From the Department of Management Services to the 
190  Department of Law Enforcement: 
191         1. The Law Enforcement Radio Trust Fund, FLAIR number 72-2 
192  432. 
193         2. The Emergency Communications Number E911 System Trust 
194  Fund, FLAIR number 72-2-344. 
195         (e) The Surplus Property Revolving Trust Fund, FLAIR number 
196  72-2-699, is transferred From the Department of Management 
197  Services to the Department of Financial Services. 
198         Section 2. Notwithstanding ss. 216.292 and 216.351, Florida 
199  Statutes, upon approval by the Legislative Budget Committee, the 
200  Executive Office of the Governor may transfer funds and 
201  positions between agencies to implement this act. 
202         Section 3. The Legislature recognizes that there is a need 
203  to conform the Florida Statutes to the policy decisions 
204  reflected in this act and that there is a need to resolve 
205  apparent conflicts between any other legislation that has been 
206  or may be enacted during 2010 and the abolition of the 
207  Department of Management Services, the creation of the 
208  Department of Personnel Management, and the transfer of the 
209  duties of the Department of Management Services to other 
210  agencies made by this act. Therefore, in the interim between 
211  this act becoming law and the 2011 Regular Session of the 
212  Legislature or an earlier special session addressing this issue, 
213  the Division of Statutory Revision shall provide the relevant 
214  substantive committees of the Senate and the House of 
215  Representatives with assistance, upon request, to enable such 
216  committees to prepare draft legislation to conform the Florida 
217  Statutes and any legislation enacted during 2010 to the 
218  provisions of this act. 
219         Section 4. Subsection (3) of section 11.917, Florida 
220  Statutes, is amended to read: 
221         11.917 Procedure after termination.— 
222         (3)(a) If not otherwise provided by law:, 
223         (a) Property in the custody of an abolished state agency or 
224  advisory committee shall be transferred to the Department of 
225  Financial Management Services. 
226         (b) If not otherwise provided by law, Records in the 
227  custody of an abolished state agency or advisory committee shall 
228  be transferred to the Department of State. 
229         Section 5. Subsection (2) of section 14.057, Florida 
230  Statutes, is amended to read: 
231         14.057 Governor-elect; establishment of operating fund.— 
232         (2) The Department of Environmental Protection Management 
233  Services shall provide for the Governor-elect, the Governor 
234  elect’s staff, and the inauguration staff temporary office 
235  facilities in the capitol center for the period extending from 
236  the day of the certification of the Governor-elect’s election by 
237  the Elections Canvassing Commission to the day of his or her 
238  inauguration. 
239         Section 6. Paragraphs (h) and (i) of subsection (4) of 
240  section 14.204, Florida Statutes, are amended to read: 
241         14.204 Agency for Enterprise Information Technology.—The 
242  Agency for Enterprise Information Technology is created within 
243  the Executive Office of the Governor. 
244         (4) The agency shall have the following duties and 
245  responsibilities: 
246         (h) In consultation with the Division of Purchasing in the 
247  Department of Financial Management Services, coordinate 
248  procurement negotiations for software that will be used by 
249  multiple agencies. 
250         (i) In coordination with, and through the services of, the 
251  Division of Purchasing in the Department of Financial Management 
252  Services, develop best practices for technology procurements. 
253         Section 7. Paragraph (i) of subsection (1) of section 
254  16.615, Florida Statutes, is amended to read: 
255         16.615 Council on the Social Status of Black Men and Boys.— 
256         (1) The Council on the Social Status of Black Men and Boys 
257  is established within the Department of Legal Affairs and shall 
258  consist of 19 members appointed as follows: 
259         (i) The executive director of the Department of Personnel 
260  Management Secretary of Management Services or a his or her 
261  designee. 
262         Section 8. Subsections (3) and (7) of section 20.04, 
263  Florida Statutes, are amended to read: 
264         20.04 Structure of executive branch.—The executive branch 
265  of state government is structured as follows: 
266         (3) For their internal structure, all departments, except 
267  for the Department of Financial Services, the Department of 
268  Children and Family Services, the Department of Corrections, the 
269  Department of Personnel Management Services, the Department of 
270  Revenue, and the Department of Transportation, must adhere to 
271  the following standard terms: 
272         (a) The principal unit of the department is the “division.” 
273  Each division is headed by a “director.” 
274         (b) The principal unit of the division is the “bureau.” 
275  Each bureau is headed by a “chief.” 
276         (c) The principal unit of the bureau is the “section.” Each 
277  section is headed by an “administrator.” 
278         (d) If further subdivision is necessary, sections may be 
279  divided into “subsections,” which are headed by “supervisors.” 
280         (7)(a) Unless specifically authorized by law, the head of a 
281  department may not reallocate duties and functions specifically 
282  assigned by law to a specific unit of the department. 
283         (a) Those functions or agencies assigned generally to the 
284  department without specific designation to a unit of the 
285  department may be allocated and reallocated to a unit of the 
286  department at the discretion of the head of the department. 
287         (b) Within the limitations of this subsection, the head of 
288  the department may recommend the establishment of additional 
289  divisions, bureaus, sections, and subsections of the department 
290  to promote efficient and effective operation of the department. 
291  However, additional divisions, or offices in the Department of 
292  Children and Family Services, the Department of Corrections, and 
293  the Department of Transportation, may be established only by 
294  specific statutory enactment. 
295         (c) New bureaus, sections, and subsections of departments 
296  may be initiated by a department and established as recommended 
297  by the Department of Personnel Management Services and approved 
298  by the Executive Office of the Governor, or may be established 
299  by specific statutory enactment. 
300         (d)(c) For the purposes of such recommendations and 
301  approvals, the Department of Personnel Management Services and 
302  the Executive Office of the Governor, respectively, must adopt 
303  and apply specific criteria for assessing the appropriateness of 
304  all reorganization requests from agencies. The criteria must be 
305  applied to future agency requests for reorganization and must be 
306  used to review the appropriateness of bureaus currently in 
307  existence. Any current bureau that does not meet the criteria 
308  for a bureau must be reorganized into a section or other 
309  appropriate unit. 
310         Section 9. Section 20.22, Florida Statutes, is amended to 
311  read: 
312         20.22 Department of Personnel Management Services.—The 
313  There is created a Department of Personnel Management is created 
314  Services. 
315         (1) The head of the Department of Personnel Management 
316  Services is the Governor and Cabinet, who shall appoint an 
317  executive director the Secretary of Management Services, who 
318  shall be appointed by the Governor, subject to confirmation by 
319  the Senate, and who shall serve at the pleasure of the Governor 
320  and Cabinet. 
321         (2) The following divisions and programs within the 
322  Department of Management Services are established within the 
323  department: 
324         (a) Facilities Program. 
325         (b) Technology Program. 
326         (a)(c) Division of Human Resource Management Workforce 
327  Program. 
328         (d)1. Support Program. 
329         2. Federal Property Assistance Program. 
330         (e) Administration Program. 
331         (f) Division of Administrative Hearings. 
332         (b)(g) Division of Retirement. 
333         (c)(h) Division of State Group Insurance. 
334         (d) Division of Administrative Hearings, as a separate 
335  budget entity and not subject to the department’s control, 
336  supervision, or direction. 
337         (3) The duties of the Chief Labor Negotiator shall be 
338  determined by the Governor Secretary of Management Services, and 
339  must include, but need not be limited to, the representation of 
340  the Governor as the public employer in collective bargaining 
341  negotiations pursuant to the provisions of chapter 447. 
342         Section 10. Subsection (6) of section 20.23, Florida 
343  Statutes, is amended to read: 
344         20.23 Department of Transportation.—There is created a 
345  Department of Transportation which shall be a decentralized 
346  agency. 
347         (6) Notwithstanding the provisions of s. 110.205, the 
348  Department of Personnel Management may Services is authorized to 
349  exempt positions within the Department of Transportation which 
350  are comparable to positions within the Senior Management Service 
351  pursuant to s. 110.205(2)(j) or positions that which are 
352  comparable to positions in the Selected Exempt Service under s. 
353  110.205(2)(m). 
354         Section 11. Paragraph (a) of subsection (2) of section 
355  20.255, Florida Statutes, are amended, and paragraph (i) is 
356  added to subsection (3) of that section, to read: 
357         20.255 Department of Environmental Protection.—There is 
358  created a Department of Environmental Protection. 
359         (2)(a) There shall be four three deputy secretaries who are 
360  to be appointed by and shall serve at the pleasure of the 
361  secretary. The secretary may assign any deputy secretary the 
362  responsibility to supervise, coordinate, and formulate policy 
363  for any division, office, or district. The following special 
364  offices are established and headed by managers, each of whom is 
365  to be appointed by and serve at the pleasure of the secretary: 
366         1. Office of Chief of Staff; 
367         2. Office of General Counsel; 
368         3. Office of Inspector General; 
369         4. Office of External Affairs; 
370         5. Office of Legislative Affairs; 
371         6. Office of Intergovernmental Programs; and 
372         7. Office of Greenways and Trails. 
373 
374  The managers of all divisions and offices specifically named in 
375  this section and the directors of the six administrative 
376  districts are exempt from part II of chapter 110 and are 
377  included in the Senior Management Service in accordance with s. 
378  110.205(2)(j). 
379         (3) The following divisions of the Department of 
380  Environmental Protection are established: 
381         (i) Division of Facilities Management and Building 
382  Construction. 
383 
384  In order to ensure statewide and intradepartmental consistency, 
385  the department’s divisions shall direct the district offices and 
386  bureaus on matters of interpretation and applicability of the 
387  department’s rules and programs. 
388         Section 12. Paragraph (c) of subsection (6) of section 
389  20.331, Florida Statutes, is amended to read: 
390         20.331 Fish and Wildlife Conservation Commission.— 
391         (6) GENERAL PROVISIONS.— 
392         (c) Divisions, sections, and offices created by this act 
393  may be abolished only by general law. Additional divisions in 
394  the commission may only be established by general law. New 
395  sections, subsections, and offices of the commission may be 
396  initiated by the commission and established as recommended by 
397  the Department of Personnel Management Services and approved by 
398  the Executive Office of the Governor, or may be established by 
399  general law. 
400         Section 13. Section 20.50, Florida Statutes, is amended to 
401  read: 
402         20.50 Agency for Workforce Innovation.—There is created The 
403  Agency for Workforce Innovation is created within the Department 
404  of Personnel Management Services. The agency is shall be a 
405  separate budget entity, as provided in the General 
406  Appropriations Act, and the director of the agency shall be the 
407  agency head for all purposes. The head of the agency is the 
408  director of Workforce Innovation, who shall be appointed by the 
409  Governor. The agency is shall not be subject to control, 
410  supervision, or direction by the Department of Personnel 
411  Management Services in any manner, including, but not limited 
412  to, personnel, purchasing, transactions involving real or 
413  personal property, and budgetary matters. 
414         (1) The agency for Workforce Innovation shall ensure that 
415  the state appropriately administers federal and state workforce 
416  funding by administering plans and policies of Workforce 
417  Florida, Inc., under contract with Workforce Florida, Inc. The 
418  operating budget and midyear amendments thereto must be part of 
419  such contract. 
420         (a) All program and fiscal instructions to regional 
421  workforce boards must shall emanate from the agency pursuant to 
422  plans and policies of Workforce Florida, Inc. Workforce Florida, 
423  Inc., is shall be responsible for all policy directions to the 
424  regional boards. 
425         (b) Unless otherwise provided by agreement with Workforce 
426  Florida, Inc., administrative and personnel policies of the 
427  agency for Workforce Innovation shall apply. 
428         (2)(a) The agency for Workforce Innovation is the 
429  administrative agency designated for receipt of federal 
430  workforce development grants and other federal funds. The agency 
431  shall administer the duties and responsibilities assigned by the 
432  Governor under each federal grant assigned to the agency. 
433         (a) The agency shall expend each revenue source as provided 
434  by federal and state law and as provided in plans developed by 
435  and agreements with Workforce Florida, Inc. The agency may serve 
436  as contract administrator for Workforce Florida, Inc., contracts 
437  pursuant to s. 445.004(5) as directed by Workforce Florida, Inc. 
438         (b) The agency shall prepare and submit a unified budget 
439  request for workforce development, in accordance with chapter 
440  216 for, and in conjunction with, Workforce Florida, Inc., and 
441  its board. The head of the agency is the director of Workforce 
442  Innovation, who shall be appointed by the Governor. 
443         (c) The agency shall include the following offices within 
444  its organizational structure: 
445         1. The Office of Unemployment Compensation Services; 
446         2. The Office of Workforce Program Support; 
447         3. The Office of Early Learning, which shall administer the 
448  school readiness system in accordance with s. 411.01 and the 
449  operational requirements of the Voluntary Prekindergarten 
450  Education Program in accordance with part V of chapter 1002. The 
451  office shall be directed by the Deputy Director for Early 
452  Learning, who shall be appointed by and serve at the pleasure of 
453  the director; and 
454         4. The Office of Agency Support Services. 
455         (d) The director of the agency may establish the positions 
456  of assistant director and deputy director to administer the 
457  requirements and functions of the agency. In addition, the 
458  director may organize and structure the offices of the agency to 
459  best meet the goals and objectives of the agency as provided in 
460  s. 20.04. 
461         (e)(d) The Unemployment Appeals Commission, authorized by 
462  s. 443.012, is not subject to control, supervision, or direction 
463  by the agency for Workforce Innovation in the performance of its 
464  powers and duties but shall receive any and all support and 
465  assistance from the agency that is required for the performance 
466  of its duties. 
467         (3) The agency for Workforce Innovation shall serve as the 
468  designated agency for purposes of each federal workforce 
469  development grant assigned to it for administration. The agency 
470  shall carry out the duties assigned to it by the Governor, under 
471  the terms and conditions of each grant. The agency shall have 
472  the level of authority and autonomy necessary to be the 
473  designated recipient of each federal grant assigned to it, and 
474  shall disperse such grants pursuant to the plans and policies of 
475  Workforce Florida, Inc. The director may, upon delegation from 
476  the Governor and pursuant to agreement with Workforce Florida, 
477  Inc., sign contracts, grants, and other instruments as necessary 
478  to execute functions assigned to the agency. Notwithstanding 
479  other provisions of law, the agency for Workforce Innovation 
480  shall administer other programs funded by federal or state 
481  appropriations, as determined by the Legislature in the General 
482  Appropriations Act or by law. 
483         (4) The agency for Workforce Innovation may provide or 
484  contract for training for employees of administrative entities 
485  and case managers of any contracted providers to ensure that 
486  they have the necessary competencies and skills to provide 
487  adequate administrative oversight and delivery of the full array 
488  of client services. 
489         (5) The agency for Workforce Innovation shall have an 
490  official seal by which its records, orders, and proceedings are 
491  authenticated. The seal shall be judicially noticed. 
492         Section 14. Subsection (13) of section 24.105, Florida 
493  Statutes, is amended to read: 
494         24.105 Powers and duties of department.—The department 
495  shall: 
496         (13) Have the authority to Perform any of the functions of 
497  the Department of Financial Management Services under chapter 
498  255, chapter 273, chapter 281, chapter 283, or chapter 287, or 
499  any rules adopted under any such chapter, and may grant 
500  approvals provided for under any such chapter or rules. If the 
501  department finds, by rule, that compliance with any such chapter 
502  would impair or impede the effective or efficient operation of 
503  the lottery, the department may adopt rules providing 
504  alternative procurement procedures. Such alternative procedures 
505  shall be designed to allow the department to evaluate competing 
506  proposals and select the proposal that provides the greatest 
507  long-term benefit to the state with respect to the quality of 
508  the products or services, dependability and integrity of the 
509  vendor, dependability of the vendor’s products or services, 
510  security, competence, timeliness, and maximization of gross 
511  revenues and net proceeds over the life of the contract. 
512         Section 15. Subsection (6) of section 24.120, Florida 
513  Statutes, is amended to read: 
514         24.120 Financial matters; Operating Trust Fund; interagency 
515  cooperation.— 
516         (6) The Department of Financial Management Services may 
517  authorize a sales incentive program for employees of the 
518  department for the purpose of increasing the sales volume and 
519  distribution of lottery tickets. Payments pursuant to the 
520  program are shall not be construed to be lump-sum salary 
521  bonuses. 
522         Section 16. Paragraph (a) of subsection (1) of section 
523  29.008, Florida Statutes, is amended to read: 
524         29.008 County funding of court-related functions.— 
525         (1) Counties are required by s. 14, Art. V of the State 
526  Constitution to fund the cost of communications services, 
527  existing radio systems, existing multiagency criminal justice 
528  information systems, and the cost of construction or lease, 
529  maintenance, utilities, and security of facilities for the 
530  circuit and county courts, public defenders’ offices, state 
531  attorneys’ offices, guardian ad litem offices, and the offices 
532  of the clerks of the circuit and county courts performing court 
533  related functions. For purposes of this section, the term 
534  “circuit and county courts” includes the offices and staffing of 
535  the guardian ad litem programs, and the term “public defenders’ 
536  offices” includes the offices of criminal conflict and civil 
537  regional counsel. The county designated under s. 35.05(1) as the 
538  headquarters for each appellate district shall fund these costs 
539  for the appellate division of the public defender’s office in 
540  that county. For purposes of implementing these requirements, 
541  the term: 
542         (a) “Facility” means reasonable and necessary buildings and 
543  office space and appurtenant equipment and furnishings, 
544  structures, real estate, easements, and related interests in 
545  real estate, including, but not limited to, those for the 
546  purpose of housing legal materials for use by the general public 
547  and personnel, equipment, or functions of the circuit or county 
548  courts, public defenders’ offices, state attorneys’ offices, and 
549  court-related functions of the office of the clerks of the 
550  circuit and county courts and all storage. The term “facility” 
551  includes all wiring necessary for court reporting services. The 
552  term also includes access to parking for such facilities in 
553  connection with such court-related functions that may be 
554  available free or from a private provider or a local government 
555  for a fee. The office space provided by a county may not be less 
556  than the standards for space allotment adopted by the Department 
557  of Environmental Protection Management Services, except that 
558  this requirement applies only to facilities that are leased, or 
559  on which construction commences, after June 30, 2003. County 
560  funding must include physical modifications and improvements to 
561  all facilities as are required for compliance with the Americans 
562  with Disabilities Act. Upon mutual agreement of a county and the 
563  affected entity in this paragraph, the office space provided by 
564  the county may vary from the standards for space allotment 
565  adopted by the Department of Environmental Protection Management 
566  Services. 
567         1. As of July 1, 2005, Equipment and furnishings are shall 
568  be limited to that which is appropriate and customary for 
569  courtrooms, hearing rooms, jury facilities, and other public 
570  areas in courthouses and any other facility occupied by the 
571  courts, state attorneys, public defenders, guardians ad litem, 
572  and criminal conflict and civil regional counsel. Court 
573  reporting equipment in these areas or facilities is not a 
574  responsibility of the county. 
575         2. Equipment and furnishings under this paragraph in 
576  existence and owned by counties on July 1, 2005, except for that 
577  in the possession of the clerks, for areas other than 
578  courtrooms, hearing rooms, jury facilities, and other public 
579  areas in courthouses and any other facility occupied by the 
580  courts, state attorneys, and public defenders, shall be 
581  transferred to the state at no charge. This provision does not 
582  apply to any communications services as defined in paragraph 
583  (f). 
584         Section 17. Section 29.21, Florida Statutes, is amended to 
585  read: 
586         29.21 Department of Management Services to provide 
587  Assistance in procuring services.—In accordance with s. 287.042, 
588  the Department of Financial Management Services may assist the 
589  Office of the State Courts Administrator and the Justice 
590  Administrative Commission with competitive solicitations for the 
591  procurement of state-funded services under this chapter. This 
592  may include assistance in the development and review of 
593  proposals in compliance with chapter 287, and rules adopted 
594  under that chapter. 
595         Section 18. Section 110.1055, Florida Statutes, is amended 
596  to read: 
597         110.1055 Rules and rulemaking authority.—The Department of 
598  Personnel Management Services shall adopt rules as necessary to 
599  effectuate the provisions of this chapter, as amended by this 
600  act, and in accordance with the authority granted to the 
601  department under in this chapter. All existing rules relating to 
602  this chapter are statutorily repealed January 1, 2002, unless 
603  otherwise readopted. 
604         Section 19. Subsections (1) and (2) of section 110.107, 
605  Florida Statutes, are amended to read: 
606         110.107 Definitions.—As used in this chapter, the term: 
607         (1) “Department” means the Department of Personnel 
608  Management Services. 
609         (2) “Executive director Secretary” means the executive 
610  director of the department Secretary of Management Services. 
611         Section 20. Subsection (5) of section 110.1099, Florida 
612  Statutes, is amended to read: 
613         110.1099 Education and training opportunities for state 
614  employees.— 
615         (5) The department of Management Services, in consultation 
616  with the agencies and, to the extent applicable, with the state 
617  Florida’s public community colleges, public career centers, and 
618  public universities, shall adopt rules to administer this 
619  section. 
620         Section 21. Section 110.116, Florida Statutes, is amended 
621  to read: 
622         110.116 Personnel information system; payroll procedures. 
623  The department of Management Services shall establish and 
624  maintain, in coordination with the payroll system of the 
625  Department of Financial Services, a complete personnel 
626  information system for all authorized and established positions 
627  in the state service, with the exception of employees of the 
628  Legislature, unless the Legislature chooses to participate. The 
629  department may contract with a vendor to provide the personnel 
630  information system. The specifications shall be developed in 
631  conjunction with the payroll system of the Department of 
632  Financial Services and in coordination with the Auditor General. 
633  The Department of Financial Services shall determine that the 
634  position occupied by each employee has been authorized and 
635  established in accordance with the provisions of s. 216.251. The 
636  department of Management Services shall develop and maintain a 
637  position numbering system that identifies will identify each 
638  established position, and such information shall be a part of 
639  the payroll system of the Department of Financial Services. With 
640  the exception of employees of the Legislature, unless the 
641  Legislature chooses to participate, this system includes shall 
642  include all career service positions and those positions 
643  exempted from career service provisions, notwithstanding the 
644  funding source of the salary payments, and information regarding 
645  persons receiving payments from other sources. Necessary 
646  revisions shall be made in the personnel and payroll procedures 
647  of the state to avoid duplication insofar as is feasible. A list 
648  shall be organized by budget entity to show the employees or 
649  vacant positions within each budget entity. This list must shall 
650  be available to the Speaker of the House of Representatives and 
651  the President of the Senate upon request. 
652         Section 22. Section 110.121, Florida Statutes, is amended 
653  to read: 
654         110.121 Sick leave pool.—Each state department or agency 
655  that of the state which has authority to adopt rules governing 
656  the accumulation and use of sick leave for employees and that 
657  which maintains accurate and reliable records showing the amount 
658  of sick leave which has been accumulated and is unused by 
659  employees may, in accordance with guidelines that are which 
660  shall be established by the department of Management Services, 
661  adopt rules for establishing the establishment of a plan 
662  allowing participating employees to pool sick leave and allowing 
663  any sick leave thus pooled to be used by a any participating 
664  employee who has used all of his or her the sick leave that has 
665  been personally accrued by him or her. At a minimum Although not 
666  limited to the following, such rules shall provide: 
667         (1) That employees are shall be eligible for participation 
668  in the sick leave pool after 1 year of employment with a the 
669  state or agency if of the state; provided that such employee has 
670  accrued a minimum amount of unused sick leave, which minimum 
671  shall be established by rule. 
672         (2) That participation in the sick leave pool is shall, at 
673  all times, be voluntary on the part of the employees. 
674         (3) That any sick leave pooled shall be removed from the 
675  personally accumulated sick leave balance of the employee 
676  contributing such leave. 
677         (4) That any sick leave in the pool which leave is used by 
678  a participating employee is shall be used only for the 
679  employee’s personal illness, accident, or injury. 
680         (5) That a participating employee may shall not be eligible 
681  to use sick leave accumulated in the pool until all of his or 
682  her personally accrued sick, annual, and compensatory leave has 
683  been used. 
684         (6) The A maximum number of days of sick leave in the pool 
685  which any one employee may use. 
686         (7) That a participating employee who uses sick leave from 
687  the pool is shall not be required to recontribute such sick 
688  leave to the pool, except as otherwise provided in this section. 
689         (8) That an employee who cancels his or her membership in 
690  the sick leave pool may shall not be eligible to withdraw the 
691  days of sick leave contributed by that employee to the pool. 
692         (9) That an employee who transfers from one position in a 
693  state agency government to another position in another state 
694  agency government may transfer from one pool to another if the 
695  eligibility criteria of the pools are comparable or the 
696  administrators of the pools have agreed on a formula for 
697  transfer of credits. 
698         (10) That alleged abuse of the use of the sick leave pool 
699  shall be investigated, and, on a finding of wrongdoing, the 
700  employee must shall repay all of the sick leave credits drawn 
701  from the sick leave pool and is shall be subject to such other 
702  disciplinary action as is determined by the agency head. 
703         (11) That sick leave credits may be drawn from the sick 
704  leave pool by a part-time employee on a pro rata basis. 
705         Section 23. Section 110.1227, Florida Statutes, is amended 
706  to read: 
707         110.1227 Florida Employee Long-Term-Care Plan Act.— 
708         (1) The Legislature finds that state expenditures for long 
709  term-care services continue to increase at a rapid rate and that 
710  the state faces increasing pressure in its efforts to meet the 
711  long-term-care needs of the public. 
712         (a) It is the intent of the Legislature that the Department 
713  of Personnel Management Services and the Department of Elderly 
714  Affairs implement a self-funded or fully insured, voluntary, 
715  long-term-care plan for public employees and their families and 
716  provide an opportunity for public employees and their families 
717  to purchase said long-term-care insurance by means of payroll 
718  deduction. 
719         (b) The department and the Department of Elderly Affairs 
720  and the Department of Management Services shall jointly design 
721  the plan to provide long-term-care coverage for public 
722  employees, family members of public employees, and retirees. The 
723  departments Department of Management Services and the Department 
724  of Elderly Affairs shall enter into an interagency agreement 
725  defining their roles with regard to plan development and design. 
726  Joint planning expenses shall be shared to the extent that 
727  funded planning activities are consistent with the goals of the 
728  departments. Eligible plan participants must include active and 
729  retired officers and employees of all branches and state 
730  agencies of state and their spouses, children, stepchildren, 
731  parents, and parents-in-law; and, upon the affirmative vote of 
732  the governing body of any county or municipality in this state, 
733  the active and retired officers and employees of any such county 
734  or municipality and their spouses, children, stepchildren, 
735  parents, and parents-in-law; and the surviving spouses, 
736  children, stepchildren, parents, and parents-in-law of such 
737  deceased officers and employees, whether active or retired at 
738  the time of death. 
739         (c) This section does not limit the department’s act in no 
740  way affects the Department of Management Services’ authority 
741  under pursuant to s. 110.123. 
742         (d) The department of Management Services and the 
743  Department of Elderly Affairs shall review all self-insured and 
744  all fully-insured proposals submitted to it by qualified vendors 
745  who have submitted responses prior to February 23, 1999. Upon 
746  review of the proposals, the departments Department of 
747  Management Services and the Department of Elderly Affairs may 
748  award a contract to the vendor that the departments deem to 
749  represent the best value to public employees, family members of 
750  public employees, and retirees. 
751         (e) An No entity providing actuarial consulting services to 
752  the department of Management Services or the Department of 
753  Elderly Affairs in the preparation of the request for proposals, 
754  in the evaluation of such proposals, or in the selection of a 
755  provider of long-term-care service offerings may not shall be 
756  eligible to provide or contract to provide the entity selected 
757  as the provider of long-term-care service offerings in this 
758  state with any services related to the Florida Employee Long 
759  Term-Care plan. 
760         (2) As used in this section, the term: 
761         (a) “Department” means the Department of Elderly Affairs. 
762         (a)(b) “Self-funded” means that plan benefits and costs are 
763  funded from contributions made by or on behalf of participants 
764  and trust fund investment revenue. 
765         (b)(c) “Plan” means the Florida Employee Long-Term-Care 
766  Plan. 
767         (3) The department of Management Services and the 
768  Department of Elderly Affairs shall, in consultation with public 
769  employers and employees and representatives from unions and 
770  associations representing state, university, local government, 
771  and other public employees, establish and supervise the 
772  implementation and administration of a self-funded or fully 
773  insured long-term-care plan entitled “Florida Employee Long 
774  Term-Care Plan.” 
775         (a) The departments Department of Management Services and 
776  the department shall, in consultation with the Office of 
777  Insurance Regulation of the Financial Services Commission, 
778  contract for actuarial, professional-administrator, and other 
779  services for the Florida Employee Long-Term-Care plan. 
780         (b) When contracting for a professional administrator, the 
781  department of Management Services shall consider, at a minimum, 
782  the entity’s previous experience and expertise in administering 
783  group long-term-care self-funded plans or long-term-care 
784  insurance programs; the entity’s demonstrated ability to perform 
785  its contractual obligations in the state and in other 
786  jurisdictions; the entity’s projected administrative costs; the 
787  entity’s capability to adequately provide service coverage, 
788  including a sufficient number of experienced and qualified 
789  personnel in the areas of marketing, claims processing, 
790  recordkeeping, and underwriting; the entity’s accessibility to 
791  public employees and other qualified participants; and the 
792  entity’s financial soundness and solvency. 
793         (c) Any contract with a professional administrator entered 
794  into by the department of Management Services must require that 
795  the state be held harmless and indemnified for any financial 
796  loss caused by the failure of the professional administrator to 
797  comply with the terms of the contract. 
798         (d) The department of Management Services shall explore 
799  innovations in long-term-care financing and service delivery 
800  with regard to possible future inclusion in the plan. Such 
801  innovative financing and service delivery mechanisms may include 
802  managed long-term care and plans that set aside assets with 
803  regard to eligibility for Medicaid-funded long-term-care 
804  services in the same proportion that private long-term-care 
805  insurance benefits are used to pay for long-term care. 
806         (4) The department of Management Services and the 
807  Department of Elderly Services shall coordinate, directly or 
808  through contract, marketing of the plan. Expenses related to 
809  such marketing shall be reimbursed from funds of the plan. 
810         (5) The department of Management Services shall contract 
811  with the State Board of Administration for the investment of 
812  funds in the Florida Employee Long-Term-Care Plan reserve fund. 
813  Plan funds are not state funds. The moneys shall be held by the 
814  state board of Administration on behalf of enrollees and 
815  invested and disbursed in accordance with a trust agreement 
816  approved by the division and the state board of Administration 
817  and in accordance with the provisions of ss. 215.44-215.53. 
818  Moneys in the reserve fund may be used only for the purposes 
819  specified in the agreement. 
820         (6) A Florida Employee Long-Term-Care Plan Board of 
821  Directors is created, composed of nine members who shall serve 
822  2-year terms, to be appointed after May 1, 1999, as follows: 
823         (a) The secretary of the Department of Elderly Affairs 
824  shall appoint a member who is a plan participant. 
825         (b) The Director of the Office of Insurance Regulation 
826  shall appoint an actuary. 
827         (c) The Attorney General shall appoint an attorney licensed 
828  to practice law in this state. 
829         (d) The Governor shall appoint three members from a broad 
830  cross-section of the residents of this state. 
831         (e) The Department of Personnel Management Services shall 
832  appoint a member. 
833         (f) The President of the Senate shall appoint a member of 
834  the Senate. 
835         (g) The Speaker of the House of Representatives shall 
836  appoint a member of the House of Representatives. 
837         (7) The board of directors of the Florida Long-Term-Care 
838  Plan shall: 
839         (a) Prepare an annual report of the plan, with the 
840  assistance of an actuarial consultant, to be submitted to the 
841  Speaker of the House of Representatives, the President of the 
842  Senate, the Governor, and the Minority Leaders of the Senate and 
843  the House of Representatives. 
844         (b) Approve the appointment of an executive director 
845  jointly recommended by the department of Management Services and 
846  the Department of Elderly Affairs to serve as the chief 
847  administrative and operational officer of the Florida Employee 
848  Long-Term-Care plan. 
849         (c) Approve the terms of the department’s Department of 
850  Management Services’ third-party administrator contract. 
851         (d) Implement such other policies and procedures as 
852  necessary to assure the soundness and efficient operation of the 
853  plan. 
854         (8) Members of the board may not receive a salary, but may 
855  be reimbursed for travel, per diem, and administrative expenses 
856  related to their duties. Board expenses and costs for the annual 
857  report and other administrative expenses must be borne by the 
858  plan. State funds may not be used for contributed toward costs 
859  associated with board members or their activities conducted on 
860  behalf of and for the benefit of plan beneficiaries. 
861         Section 24. Paragraph (f) of subsection (5) and subsection 
862  (7) of section 110.1228, Florida Statutes, are amended to read: 
863         110.1228 Participation by small counties, small 
864  municipalities, and district school boards located in small 
865  counties.— 
866         (5) If the department determines that a small county, small 
867  municipality, or district school board is eligible to enroll, 
868  the small county, small municipality, or district school board 
869  must agree to the following terms and conditions: 
870         (f) If a small county, small municipality, or district 
871  school board employer fails to make the payments required by 
872  this section to fully reimburse the state, upon the department’s 
873  request, the Department of Revenue or the Department of 
874  Financial Services shall, upon the request of the Department of 
875  Management Services, deduct the amount owed by the employer from 
876  any funds not pledged to bond debt service satisfaction that are 
877  to be distributed by it to the small county, small municipality, 
878  or district school board. The amounts so deducted shall be 
879  transferred to the department of Management Services for further 
880  distribution to the trust funds in accordance with this chapter. 
881         (7) The department of Management Services may adopt rules 
882  necessary to administer this section. 
883         Section 25. Subsection (2) and paragraphs (a), (e), (h), 
884  and (i) of subsection (3) of section 110.123, Florida Statutes, 
885  are amended to read: 
886         110.123 State group insurance program.— 
887         (2) DEFINITIONS.—As used in this section, the term: 
888         (a) “Department” means the Department of Management 
889  Services. 
890         (a)(b) “Enrollee” means all state officers and employees, 
891  retired state officers and employees, surviving spouses of 
892  deceased state officers and employees, and terminated employees 
893  or individuals with continuation coverage who are enrolled in an 
894  insurance plan offered by the state group insurance program. The 
895  term “Enrollee” includes all state university officers and 
896  employees, retired state university officers and employees, 
897  surviving spouses of deceased state university officers and 
898  employees, and terminated state university employees or 
899  individuals with continuation coverage who are enrolled in an 
900  insurance plan offered by the state group insurance program. 
901         (b)(c) “Full-time state employees” means includes all full 
902  time employees of state all branches or agencies of state 
903  government holding salaried positions and paid by state warrant 
904  or from agency funds, and employees paid from regular salary 
905  appropriations for 8 months’ employment, including university 
906  personnel on academic contracts, but in no case shall “state 
907  employee” or “salaried position” include persons paid from 
908  other-personal-services (OPS) funds. “Full-time employees” 
909  includes all full-time employees of the state universities. 
910         (c)(d) “Health maintenance organization” or “HMO” means an 
911  entity certified under part I of chapter 641. 
912         (d)(e) “Health plan member” means any person participating 
913  in a state group health insurance plan, a TRICARE supplemental 
914  insurance plan, or a health maintenance organization plan under 
915  the state group insurance program, including enrollees and 
916  covered dependents thereof. 
917         (e)(f) “Part-time state employee” means any employee of any 
918  branch or agency of state government paid by state warrant from 
919  salary appropriations or from agency funds, and who is employed 
920  for less than the normal full-time workweek established by the 
921  department or, if on academic contract or seasonal or other type 
922  of employment which is less than year-round, is employed for 
923  less than 8 months during any 12-month period. The term does 
924  not, but in no case shall “part-time” employee include a person 
925  paid from other-personal-services (OPS) funds. “Part-time state 
926  employee” includes any part-time employee of the state 
927  universities. 
928         (f)(g) “Retired state officer or employee” or “retiree” 
929  means any state or state university officer or employee who 
930  retires under a state retirement system or a state optional 
931  annuity or retirement program or is placed on disability 
932  retirement, and who was insured under the state group insurance 
933  program at the time of retirement, and who begins receiving 
934  retirement benefits immediately after retirement from state or 
935  state university office or employment. In addition to these 
936  requirements, the term includes any state officer or state 
937  employee who retires under the defined contribution Public 
938  Employee Optional Retirement program established under part II 
939  of chapter 121 shall be considered a “retired state officer or 
940  employee” or “retiree” as used in this section if he or she: 
941         1. Meets the age and service requirements to qualify for 
942  normal retirement as set forth in s. 121.021(29); or 
943         2. Has attained the age specified by s. 72(t)(2)(A)(i) of 
944  the Internal Revenue Code and has 6 years of creditable service. 
945         (g)(h) “State agency” or “agency” means any branch, 
946  department, or agency of state government. “State agency” or 
947  “agency” includes any state university for purposes of this 
948  section only. 
949         (h)(i) “State group health insurance plan or plans” or 
950  “state plan or plans” mean the state self-insured health 
951  insurance plan or plans offered to state officers and employees, 
952  retired state officers and employees, and surviving spouses of 
953  deceased state officers and employees pursuant to this section. 
954         (i)(j) “State-contracted HMO” means any health maintenance 
955  organization under contract with the department to participate 
956  in the state group insurance program. 
957         (j)(k) “State group insurance program” or “programs” means 
958  the package of insurance plans offered to state officers and 
959  employees, retired state officers and employees, and surviving 
960  spouses of deceased state officers and employees pursuant to 
961  this section, including the state group health insurance plan or 
962  plans, health maintenance organization plans, TRICARE 
963  supplemental insurance plans, and other plans required or 
964  authorized by law. 
965         (k)(l) “State officer” means any constitutional state 
966  officer, any elected state officer paid by state warrant, or any 
967  appointed state officer who is commissioned by the Governor and 
968  who is paid by state warrant. 
969         (l)(m) “Surviving spouse” means the widow or widower of a 
970  deceased state officer, full-time state employee, part-time 
971  state employee, or retiree if such widow or widower was covered 
972  as a dependent under the state group health insurance plan, a 
973  TRICARE supplemental insurance plan, or a health maintenance 
974  organization plan established pursuant to this section at the 
975  time of the death of the deceased officer, employee, or retiree. 
976  The term “Surviving spouse” also means any widow or widower who 
977  is receiving or eligible to receive a monthly state warrant from 
978  a state retirement system as the beneficiary of a state officer, 
979  full-time state employee, or retiree who died before prior to 
980  July 1, 1979. For the purposes of this section, any such widow 
981  or widower shall cease to be a surviving spouse upon his or her 
982  remarriage. 
983         (m)(n) “TRICARE supplemental insurance plan” means the 
984  Department of Defense Health Insurance Program for eligible 
985  members of the uniformed services authorized by 10 U.S.C. s. 
986  1097. 
987         (3) STATE GROUP INSURANCE PROGRAM.— 
988         (a) The Division of State Group Insurance is created within 
989  the department of Management Services. 
990         (e) The department of Management Services and the Division 
991  of State Group Insurance may not prohibit or limit any properly 
992  licensed insurer, health maintenance organization, prepaid 
993  limited health services organization, or insurance agent from 
994  competing for any insurance product or plan purchased, provided, 
995  or endorsed by the department or the division on the basis of 
996  the compensation arrangement used by the insurer or organization 
997  for its agents. 
998         (h)1. In lieu of participating in the state group health 
999  insurance program, a person eligible to participate in the state 
1000  group insurance program may be authorized by department rules 
1001  adopted by the department, in lieu of participating in the state 
1002  group health insurance plan, to exercise an option to elect 
1003  membership in a health maintenance organization plan that which 
1004  is under contract with the state in accordance with criteria 
1005  established by this section and department by said rules. The 
1006  offer of optional membership in a health maintenance 
1007  organization plan permitted by this paragraph may be limited or 
1008  conditioned by rule as may be necessary to meet the requirements 
1009  of state and federal laws. 
1010         1.2. The department shall contract with health maintenance 
1011  organizations seeking to participate in the state group 
1012  insurance program through a request for proposal or other 
1013  procurement process, as developed by the department of 
1014  Management Services and determined to be appropriate. 
1015         a. The department shall establish a schedule of minimum 
1016  benefits for health maintenance organization coverage, and that 
1017  schedule must shall include: physician services; inpatient and 
1018  outpatient hospital services; emergency medical services, 
1019  including out-of-area emergency coverage; diagnostic laboratory 
1020  and diagnostic and therapeutic radiologic services; mental 
1021  health, alcohol, and chemical dependency treatment services 
1022  meeting the minimum requirements of state and federal law; 
1023  skilled nursing facilities and services; prescription drugs; 
1024  age-based and gender-based wellness benefits; and other benefits 
1025  as may be required by the department. Additional services may be 
1026  provided subject to the contract between the department and the 
1027  HMO. As used in this paragraph, the term “age-based and gender 
1028  based wellness benefits” includes aerobic exercise, education in 
1029  alcohol and substance abuse prevention, blood cholesterol 
1030  screening, health risk appraisals, blood pressure screening and 
1031  education, nutrition education, program planning, safety belt 
1032  education, smoking cessation, stress management, weight 
1033  management, and women’s health education. 
1034         b. The department may establish uniform deductibles, 
1035  copayments, coverage tiers, or coinsurance schedules for all 
1036  participating HMO plans. 
1037         c. The department may require detailed information from 
1038  each health maintenance organization participating in the 
1039  procurement process, including information pertaining to 
1040  organizational status, experience in providing prepaid health 
1041  benefits, accessibility of services, financial stability of the 
1042  plan, quality of management services, accreditation status, 
1043  quality of medical services, network access and adequacy, 
1044  performance measurement, ability to meet the department’s 
1045  reporting requirements, and the actuarial basis of the proposed 
1046  rates and other data determined by the director to be necessary 
1047  for the evaluation and selection of health maintenance 
1048  organization plans and negotiation of appropriate rates for 
1049  these plans. Upon receipt of proposals by health maintenance 
1050  organization plans and the evaluation of those proposals, the 
1051  department may enter into negotiations with all of the plans or 
1052  a subset of the plans, as the department determines appropriate. 
1053  Nothing shall preclude The department may negotiate from 
1054  negotiating regional or statewide contracts with health 
1055  maintenance organization plans if when this is cost-effective 
1056  and when the department determines that the plan offers high 
1057  value to enrollees. 
1058         d. The department may limit the number of HMOs that it 
1059  contracts with in each service area based on the nature of the 
1060  bids the department receives, the number of state employees in 
1061  the service area, or any unique geographical characteristics of 
1062  the service area. The department shall establish by rule service 
1063  areas throughout the state. 
1064         e. All persons participating in the state group insurance 
1065  program may be required to contribute towards a total state 
1066  group health premium that may vary depending upon the plan and 
1067  coverage tier selected by the enrollee and the level of state 
1068  contribution authorized by the Legislature. 
1069         2.3. The department may is authorized to negotiate and to 
1070  contract with specialty psychiatric hospitals for mental health 
1071  benefits, on a regional basis, for alcohol, drug abuse, and 
1072  mental and nervous disorders. The department may establish, 
1073  Subject to the approval of the Legislature pursuant to 
1074  subsection (5), the department may establish any such regional 
1075  plan upon completion of an actuarial study to determine the 
1076  effect any impact on plan benefits and premiums. 
1077         3.4. In addition to contracting pursuant to subparagraph 1. 
1078  2., the department may enter into contract with any HMO to 
1079  participate in the state group insurance program which: 
1080         a. Serves greater than 5,000 recipients on a prepaid basis 
1081  under the Medicaid program; 
1082         b. Does not currently meet the 25-percent non-Medicare/non 
1083  Medicaid enrollment composition requirement established by the 
1084  Department of Health excluding participants enrolled in the 
1085  state group insurance program; 
1086         c. Meets the minimum benefit package and copayments and 
1087  deductibles contained in sub-subparagraphs 1.a. 2.a. and b.; 
1088         d. Is willing to participate in the state group insurance 
1089  program at a cost of premiums that is not greater than 95 
1090  percent of the cost of HMO premiums accepted by the department 
1091  in each service area; and 
1092         e. Meets the minimum surplus requirements of s. 641.225. 
1093 
1094  The department may is authorized to contract with HMOs that meet 
1095  the requirements of sub-subparagraphs a.-d. before prior to the 
1096  open enrollment period for state employees. The department is 
1097  not required to renew the contract with the HMOs as set forth in 
1098  this paragraph more than twice. Thereafter, the HMOs may shall 
1099  be eligible to participate in the state group insurance program 
1100  only through the request for proposal or invitation to negotiate 
1101  process described in subparagraph 1. 2. 
1102         4.5. All enrollees in a state group health insurance plan, 
1103  a TRICARE supplemental insurance plan, or any health maintenance 
1104  organization plan may change have the option of changing to any 
1105  other health plan that is offered by the state within an any 
1106  open enrollment period designated by the department. Open 
1107  enrollment shall be held at least once each calendar year. 
1108         5.6. If When a contract between a treating provider and the 
1109  state-contracted health maintenance organization is terminated 
1110  for any reason other than for cause, each party shall allow any 
1111  enrollee for whom treatment was active to continue coverage and 
1112  care when medically necessary, through completion of treatment 
1113  of a condition for which the enrollee was receiving care at the 
1114  time of the termination, until the enrollee selects another 
1115  treating provider, or until the next open enrollment period 
1116  offered, whichever is longer, but no longer than 6 months after 
1117  termination of the contract. Each party to the terminated 
1118  contract shall allow an enrollee who has initiated a course of 
1119  prenatal care, regardless of the trimester in which care was 
1120  initiated, to continue care and coverage until completion of 
1121  postpartum care. This does not prevent a provider from refusing 
1122  to continue to provide care to an enrollee who is abusive, 
1123  noncompliant, or in arrears in payments for services provided. 
1124  For care continued under this subparagraph, the program and the 
1125  provider shall continue to be bound by the terms of the 
1126  terminated contract. Changes made within 30 days before 
1127  termination of a contract are effective only if agreed to by 
1128  both parties. 
1129         6.7. Any HMO participating in the state group insurance 
1130  program shall submit health care utilization and cost data to 
1131  the department, in such form and in such manner as the 
1132  department shall require, as a condition of participating in the 
1133  program. The department shall enter into negotiations with its 
1134  contracting HMOs to determine the nature and scope of the data 
1135  submission and the final requirements, format, penalties 
1136  associated with noncompliance, and timetables for submission. 
1137  These determinations shall be adopted by rule. 
1138         (i)8. The department may establish and direct, with respect 
1139  to collective bargaining issues, a comprehensive package of 
1140  insurance benefits that may include supplemental health and life 
1141  coverage, dental care, long-term care, vision care, and other 
1142  benefits it determines necessary to enable state employees to 
1143  select from among benefit options that best suit their 
1144  individual and family needs. 
1145         1.a. Based upon a desired benefit package, the department 
1146  shall issue a request for proposal or invitation to negotiate 
1147  for health insurance providers interested in participating in 
1148  the state group insurance program, and the department shall 
1149  issue a request for proposal or invitation to negotiate for 
1150  insurance providers interested in participating in the non 
1151  health-related components of the state group insurance program. 
1152  Upon receipt of all proposals, the department may enter into 
1153  contract negotiations with insurance providers submitting bids 
1154  or negotiate a specially designed benefit package. Insurance 
1155  providers offering or providing supplemental coverage as of May 
1156  30, 1991, which qualify for pretax benefit treatment pursuant to 
1157  s. 125 of the Internal Revenue Code of 1986, with 5,500 or more 
1158  state employees currently enrolled may be included by the 
1159  department in the supplemental insurance benefit plan 
1160  established by the department without participating in a request 
1161  for proposal, submitting bids, negotiating contracts, or 
1162  negotiating a specially designed benefit package. These 
1163  contracts must shall provide state employees with the most cost 
1164  effective and comprehensive coverage available; however, no 
1165  state or agency funds may not contribute shall be contributed 
1166  toward the cost of any part of the premium of such supplemental 
1167  benefit plans. With respect to dental coverage, the division 
1168  shall include in any solicitation or contract for any state 
1169  group dental program made after July 1, 2001, a comprehensive 
1170  indemnity dental plan option that which offers enrollees a 
1171  completely unrestricted choice of dentists. If a dental plan is 
1172  endorsed, or in some manner recognized as the preferred product, 
1173  such plan shall include a comprehensive indemnity dental plan 
1174  option that which provides enrollees with a completely 
1175  unrestricted choice of dentists. 
1176         2.b. Pursuant to the applicable provisions of s. 110.161, 
1177  and s. 125 of the Internal Revenue Code of 1986, the department 
1178  shall enroll in the pretax benefit program those state employees 
1179  who voluntarily elect coverage in any of the supplemental 
1180  insurance benefit plans as provided by sub-subparagraph a. 
1181         3.c. This paragraph does not Nothing herein contained shall 
1182  be construed to prohibit insurance providers from continuing to 
1183  provide or offer supplemental benefit coverage to state 
1184  employees as provided under existing agency plans. 
1185         (j)(i) The benefits of the insurance authorized by this 
1186  section are shall not be in lieu of any benefits payable under 
1187  chapter 440, the Workers’ Compensation Law. The insurance 
1188  authorized by this section may law shall not be deemed to 
1189  constitute insurance to secure workers’ compensation benefits as 
1190  required by chapter 440. 
1191         Section 26. Section 110.12312, Florida Statutes, is amended 
1192  to read: 
1193         110.12312 Open enrollment period for retirees.—On or after 
1194  July 1, 1997, the department of Management Services shall 
1195  provide for an open enrollment period for retired state 
1196  employees who want to obtain health insurance coverage under ss. 
1197  110.123 and 110.12315. The options offered during the open 
1198  enrollment period must provide the same health insurance 
1199  coverage as the coverage provided to active employees under the 
1200  same premium payment conditions in effect for covered retirees, 
1201  including eligibility for health insurance subsidy payments 
1202  under s. 112.363. A person who separates from employment after 
1203  subsequent to May 1, 1988, but whose date of retirement occurs 
1204  on or after August 1, 1995, is eligible as of the first open 
1205  enrollment period occurring after July 1, 1997, with an 
1206  effective date of January 1, 1998, as long as the retiree’s 
1207  enrollment remains in effect. 
1208         Section 27. Section 110.12315, Florida Statutes, is amended 
1209  to read: 
1210         110.12315 Prescription drug program.—The state employees’ 
1211  prescription drug program is established. This program shall be 
1212  administered by the department of Management Services, according 
1213  to the terms and conditions of the plan as established by the 
1214  relevant provisions of the annual General Appropriations Act and 
1215  implementing legislation, subject to the following conditions: 
1216         (1) The department of Management Services shall allow 
1217  prescriptions written by health care providers under the plan to 
1218  be filled by any licensed pharmacy pursuant to contractual 
1219  claims-processing provisions. Nothing in This section does not 
1220  prohibit may be construed as prohibiting a mail order 
1221  prescription drug program that is distinct from the service 
1222  provided by retail pharmacies. 
1223         (2) In providing for reimbursement of pharmacies for 
1224  prescription medicines dispensed to members of the state group 
1225  health insurance plan and their dependents under the state 
1226  employees’ prescription drug program: 
1227         (a) Retail pharmacies participating in the program must be 
1228  reimbursed at a uniform rate and subject to uniform conditions, 
1229  according to the terms and conditions of the plan. 
1230         (b) There shall be a 30-day supply limit for prescription 
1231  card purchases and 90-day supply limit for mail order or mail 
1232  order prescription drug purchases. 
1233         (c) The current pharmacy dispensing fee remains in effect. 
1234         (3) The department of Management Services shall establish 
1235  the reimbursement schedule for prescription pharmaceuticals 
1236  dispensed under the program. Reimbursement rates for a 
1237  prescription pharmaceutical must be based on the cost of the 
1238  generic equivalent drug if a generic equivalent exists, unless 
1239  the physician prescribing the pharmaceutical clearly states on 
1240  the prescription that the brand name drug is medically necessary 
1241  or that the drug product is included on the formulary of drug 
1242  products that may not be interchanged as provided in chapter 
1243  465, in which case reimbursement must be based on the cost of 
1244  the brand name drug as specified in the reimbursement schedule 
1245  adopted by the department of Management Services. 
1246         (4) The department of Management Services shall conduct a 
1247  prescription utilization review program. In order to participate 
1248  in the state employees’ prescription drug program, retail 
1249  pharmacies dispensing prescription medicines to members of the 
1250  state group health insurance plan or their covered dependents, 
1251  or to subscribers or covered dependents of a health maintenance 
1252  organization plan under the state group insurance program, shall 
1253  make their records available for this review. 
1254         (5) The department of Management Services shall implement 
1255  such additional cost-saving measures and adjustments as may be 
1256  required to balance program funding within appropriations 
1257  provided, including a trial or starter dose program and 
1258  dispensing of long-term-maintenance medication in lieu of acute 
1259  therapy medication. 
1260         (6) Participating pharmacies must use a point-of-sale 
1261  device or an online computer system to verify a participant’s 
1262  eligibility for coverage. The state is not liable for 
1263  reimbursement of a participating pharmacy for dispensing 
1264  prescription drugs to any person whose current eligibility for 
1265  coverage has not been verified by the state’s contracted 
1266  administrator or by the department of Management Services. 
1267         (7) Under the state employees’ prescription drug program 
1268  copayments must be made as follows: 
1269         (a) Effective January 1, 2006, For the State Group Health 
1270  Insurance Standard Plan: 
1271         1. For generic drug with card........................$10. 
1272         2. For preferred brand name drug with card...........$25. 
1273         3. For nonpreferred brand name drug with card........$40. 
1274         4. For generic mail order drug.......................$20. 
1275         5. For preferred brand name mail order drug..........$50. 
1276         6. For nonpreferred brand name mail order drug.......$80. 
1277         (b) Effective January 1, 2006, For the State Group Health 
1278  Insurance High Deductible Plan: 
1279         1. Retail coinsurance for generic drug with card.....30%. 
1280         2. Retail coinsurance for preferred brand name drug with 
1281  card........................................................30%. 
1282         3. Retail coinsurance for nonpreferred brand name drug with 
1283  card........................................................50%. 
1284         4. Mail order coinsurance for generic drug...........30%. 
1285         5. Mail order coinsurance for preferred brand name drug30%. 
1286         6. Mail order coinsurance for nonpreferred brand name drug50%. 
1287         (c) The department of Management Services shall create a 
1288  preferred brand name drug list to be used in the administration 
1289  of the state employees’ prescription drug program. 
1290         Section 28. Section 110.1232, Florida Statutes, is amended 
1291  to read: 
1292         110.1232 Health insurance coverage for persons retired 
1293  under state-administered retirement systems before January 1, 
1294  1976, and for spouses.—Notwithstanding any other provision 
1295  provisions of law to the contrary, the department of Management 
1296  Services shall provide health insurance coverage under the state 
1297  group insurance program for persons who retired before January 
1298  1, 1976, under any of the state-administered retirement systems 
1299  and who are not covered by social security and for the spouses 
1300  and surviving spouses of such retirees who are also not covered 
1301  by social security. Such health insurance coverage must shall 
1302  provide the same benefits as provided to other retirees who are 
1303  entitled to participate under s. 110.123. The claims experience 
1304  of this group shall be commingled with the claims experience of 
1305  other members covered under s. 110.123. 
1306         Section 29. Section 110.1234, Florida Statutes, is amended 
1307  to read: 
1308         110.1234 Health insurance for retirees under the Florida 
1309  Retirement System; Medicare supplement and fully insured 
1310  coverage.— 
1311         (1) The department of Management Services shall solicit 
1312  competitive bids from state-licensed insurance companies to 
1313  provide and administer a fully insured Medicare supplement 
1314  policy for all eligible retirees of a state or local public 
1315  employer. Such Medicare supplement policy must shall meet the 
1316  provisions of ss. 627.671-627.675. For the purpose of this 
1317  subsection, “eligible retiree” means a any public employee who 
1318  retired from a state or local public employer who is covered by 
1319  Medicare, Parts A and B. The department shall authorize one 
1320  company to offer the Medicare supplement coverage to all 
1321  eligible retirees. All premiums shall be paid by the retiree. 
1322         (2) The department of Management Services shall solicit 
1323  competitive bids from state-licensed insurance companies to 
1324  provide and administer fully insured health insurance coverage 
1325  for all public employees who retired from a state or local 
1326  public employer who are not covered by Medicare, Parts A and B. 
1327  The department may authorize one company to offer such coverage 
1328  if the proposed benefits and premiums are reasonable. If such 
1329  coverage is authorized, all premiums shall be paid for by the 
1330  retiree. 
1331         Section 30. Paragraph (a) of subsection (1) of section 
1332  110.1245, Florida Statutes, is amended to read: 
1333         110.1245 Savings sharing program; bonus payments; other 
1334  awards.— 
1335         (1)(a) The department of Management Services shall adopt 
1336  rules that prescribe procedures and promote a savings sharing 
1337  program for an individual or group of employees who propose 
1338  procedures or ideas that are adopted and that result in 
1339  eliminating or reducing state expenditures, if such proposals 
1340  are placed in effect and may be implemented under current 
1341  statutory authority. 
1342         Section 31. Section 110.125, Florida Statutes, is amended 
1343  to read: 
1344         110.125 Administrative costs.—The administrative expenses 
1345  and costs of operating the personnel program established by this 
1346  chapter shall be paid by the various state agencies of the state 
1347  government, and each such agency shall include in its budget 
1348  estimates its pro rata share of such cost as determined by the 
1349  department of Management Services. To establish an equitable 
1350  division of the costs, the amount to be paid by each agency 
1351  shall be determined in such proportion as the service rendered 
1352  to each agency bears to the total service rendered under the 
1353  provisions of this chapter. The amounts paid to the department 
1354  of Management Services which are attributable to positions 
1355  within the Senior Management Service and the Selected Exempt 
1356  Professional Service shall be used for the administration of 
1357  such services, training activities for positions within those 
1358  services, and the development and implementation of a database 
1359  of pertinent historical information on exempt positions. If 
1360  Should any state agency is become more than 90 days delinquent 
1361  in paying payment of this obligation, the department shall 
1362  certify to the Chief Financial Officer the amount due and the 
1363  Chief Financial Officer shall transfer that the amount due to 
1364  the department from any available debtor agency funds available. 
1365         Section 32. Subsection (7) of section 110.131, Florida 
1366  Statutes, is amended to read: 
1367         110.131 Other-personal-services temporary employment.— 
1368         (7) The department of Management Services shall annually 
1369  assess agencies for the regulation of other personal services on 
1370  a pro rata share basis not to exceed the an amount as provided 
1371  in the General Appropriations Act. 
1372         Section 33. Section 110.151, Florida Statutes, is amended 
1373  to read: 
1374         110.151 State officers’ and employees’ child care 
1375  services.— 
1376         (1) The department of Management Services shall approve, 
1377  administer, and coordinate child care services for state 
1378  officers’ and employees’ children or dependents. Duties shall 
1379  include, but are not be limited to, reviewing and approving 
1380  requests from state agencies for child care services; providing 
1381  technical assistance on child care program startup and 
1382  operation; and assisting other agencies in conducting needs 
1383  assessments, designing centers, and selecting service providers. 
1384  Primary emphasis for child care services shall be given to 
1385  children who are not subject to compulsory school attendance 
1386  pursuant to part II of chapter 1003, and, to the extent 
1387  possible, emphasis shall be placed on child care for children 
1388  aged 2 and under. 
1389         (2) Child care programs may be located in state-owned 
1390  office buildings, educational facilities and institutions, 
1391  custodial facilities and institutions, and, with the consent of 
1392  the President of the Senate and the Speaker of the House of 
1393  Representatives, in buildings or spaces used for legislative 
1394  activities. In addition, centers may be located in privately 
1395  owned buildings conveniently located to the place of employment 
1396  of those officers and employees to be served by the centers. If 
1397  a child care program is located in a state-owned office 
1398  building, educational facility or institution, or custodial 
1399  facility or institution, or in a privately owned building leased 
1400  by the state, a portion of the service provider’s rental fees 
1401  for child care space may be waived by the sponsoring agency in 
1402  accordance with the department rules of the Department of 
1403  Management Services. Additionally, the sponsoring state agency 
1404  may be responsible for the maintenance, utilities, and other 
1405  operating costs associated with the child care center. 
1406         (3) Except as otherwise provided in this section, the cost 
1407  of child care services shall be offset by fees charged to 
1408  employees who use the child care services. Requests for 
1409  proposals may provide for a sliding fee schedule based on, with 
1410  fees charged on the basis of the employee’s household income. 
1411         (4) The provider of proposed child care services shall be 
1412  selected by competitive contract. Requests for proposals shall 
1413  be developed with the assistance of, and subject to the approval 
1414  of, the department of Management Services. Management of the 
1415  contract with the service provider is shall be the 
1416  responsibility of the sponsoring state agency. 
1417         (5) An operator selected to provide services must comply 
1418  with all state and local standards for the licensure and 
1419  operation of child care facilities, maintain adequate liability 
1420  insurance coverage, and assume financial and legal 
1421  responsibility for the operation of the program. Neither The 
1422  operator of and nor any personnel employed by or at a child care 
1423  facility may not shall be deemed to be employees of the state. 
1424  However, the sponsoring state agency may be responsible for the 
1425  operation of the child care center if when: 
1426         (a) A second request for proposals fails to procure a 
1427  qualified service provider; or 
1428         (b) The service provider’s contract is canceled and 
1429  attempts to procure another qualified service provider are 
1430  unsuccessful; 
1431 
1432  and plans for direct operation are approved by the department of 
1433  Management Services. 
1434         (6) In the areas where the state has an insufficient number 
1435  of employees to justify a worksite center, a state agency may 
1436  join in a consortium arrangement using utilizing available state 
1437  facilities with not-for-profit corporations or other public 
1438  employers to provide child care services to both public 
1439  employees and employees of private sector employers. The 
1440  consortium agreement must first address the unmet child care 
1441  needs of the children of the public employees whose employers 
1442  are members of the consortium, and then address the child care 
1443  needs of private sector employees. 
1444         (7) The department of Management Services may adopt any 
1445  rules necessary to administer achieve the purposes of this 
1446  section. 
1447         Section 34. Section 110.1522, Florida Statutes, is amended 
1448  to read: 
1449         110.1522 Model rule establishing family support personnel 
1450  policies.—The department of Management Services shall develop a 
1451  model rule establishing family support personnel policies for 
1452  all executive branch agencies, excluding the State University 
1453  System. The term “family support personnel policies,” for 
1454  purposes of ss. 110.1521-110.1523, means personnel policies 
1455  affecting employees’ ability to both work and devote care and 
1456  attention to their families and includes policies on flexible 
1457  hour work schedules, compressed time, job sharing, part-time 
1458  employment, maternity or paternity leave for employees with a 
1459  newborn or newly adopted child, and paid and unpaid family or 
1460  administrative leave for family responsibilities. 
1461         Section 35. Subsections (5), (6), and (7) of section 
1462  110.161, Florida Statutes, are amended to read: 
1463         110.161 State employees; pretax benefits program.— 
1464         (5) The department of Management Services shall develop 
1465  rules for the pretax benefits program, which shall specify the 
1466  benefits to be offered under the program, the continuing tax 
1467  exempt status of the program, and any other matters deemed 
1468  necessary by the department to implement this section. The rules 
1469  must be approved by a majority vote of the Administration 
1470  Commission. 
1471         (6) The department shall of Management Services is 
1472  authorized to administer the pretax benefits program established 
1473  for all employees so that employees may receive benefits that 
1474  are not includable in gross income under the Internal Revenue 
1475  Code of 1986. The pretax benefits program: 
1476         (a) Must Shall allow employee contributions to premiums for 
1477  the state group insurance program administered under s. 110.123 
1478  to be paid on a pretax basis unless an employee elects not to 
1479  participate. 
1480         (b) Must Shall allow employees to voluntarily establish 
1481  expense reimbursement plans from their salaries on a pretax 
1482  basis to pay for qualified medical and dependent care expenses, 
1483  including premiums paid by employees for qualified supplemental 
1484  insurance. 
1485         (c) May provide for the payment of such premiums through a 
1486  pretax payroll procedure. The Administration Commission and the 
1487  department of Management Services are directed to take all 
1488  actions necessary to preserve the tax-exempt status of the 
1489  program. 
1490         (7) The Legislature recognizes that a substantial amount of 
1491  the employer savings realized by the implementation of a pretax 
1492  benefits program is will be the result of diminutions in the 
1493  state’s employer contribution to the Federal Insurance 
1494  Contributions Act tax. There is hereby created The Pretax 
1495  Benefits Trust Fund is created in the department of Management 
1496  Services. Each agency in the executive, legislative, or judicial 
1497  branch of the state, including the State Board of 
1498  Administration, state universities, and other entities of state 
1499  government whose employees hold salaried positions and are paid 
1500  by state warrant or from agency funds, shall transfer to the 
1501  Pretax Benefits Trust Fund the full and complete employer FICA 
1502  contributions saved in connection with each weekly, biweekly, 
1503  semimonthly, or monthly payroll as a result of the 
1504  implementation of the pretax benefits program authorized 
1505  pursuant to this section. Such savings shall be transferred to 
1506  the Pretax Benefits Trust Fund upon transacting each payroll, 
1507  but not later than a subsequent payroll. Any moneys forfeited 
1508  pursuant to employees’ salary reduction agreements to 
1509  participate in the program must also be deposited in the Pretax 
1510  Benefits Trust Fund. Moneys in the Pretax Benefits Trust Fund 
1511  shall be used for the pretax benefits program, including its 
1512  administration by the department of Management Services or a 
1513  third-party administrator. 
1514         Section 36. Subsection (1) of section 110.171, Florida 
1515  Statutes, is amended to read: 
1516         110.171 State employee telecommuting program.— 
1517         (1) As used in this section, the term: 
1518         (a) “Agency” means any official, officer, commission, 
1519  board, authority, council, committee, or department of state 
1520  government. 
1521         (b) “Department” means the Department of Management 
1522  Services. 
1523         (b)(c) “Telecommuting” means a work arrangement whereby 
1524  selected state employees are allowed to perform the normal 
1525  duties and responsibilities of their positions, through the use 
1526  of computers or telecommunications, at home or another place 
1527  apart from the employees’ usual place of work. 
1528         Section 37. Paragraph (a) of subsection (1), paragraph (a) 
1529  of subsection (2), and subsection (4) of section 110.181, 
1530  Florida Statutes, are amended to read: 
1531         110.181 Florida State Employees’ Charitable Campaign.— 
1532         (1) CREATION AND ORGANIZATION OF CAMPAIGN.— 
1533         (a) The department of Management Services shall establish 
1534  and maintain, in coordination with the payroll system of the 
1535  Department of Financial Services, an annual Florida State 
1536  Employees’ Charitable Campaign. Except as provided in subsection 
1537  (5), this annual fundraising drive is the only authorized 
1538  charitable fundraising drive directed toward state employees 
1539  within work areas during work hours, and for which the state 
1540  provides will provide payroll deduction. 
1541         (2) SELECTION OF FISCAL AGENTS; COST.— 
1542         (a) The department of Management Services shall select 
1543  through the competitive procurement process a fiscal agent or 
1544  agents to receive, account for, and distribute charitable 
1545  contributions among participating charitable organizations. 
1546         (4) FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN STEERING 
1547  COMMITTEE.—A Florida State Employees’ Charitable Campaign 
1548  steering committee shall be established with seven members 
1549  appointed by members of the administration commission, and two 
1550  members appointed by the executive director secretary of the 
1551  department from among applications submitted from other agencies 
1552  or departments. The committee, whose members shall serve 
1553  staggered terms, shall meet at the call of the executive 
1554  director secretary. Members shall serve without compensation, 
1555  but shall be entitled to receive reimbursement for travel and 
1556  per diem expenses as provided in s. 112.061. 
1557         Section 38. Subsection (1) of section 110.2035, Florida 
1558  Statutes, is amended to read: 
1559         110.2035 Classification and compensation program.— 
1560         (1) The department of Management Services shall establish 
1561  and maintain a classification and compensation program 
1562  addressing career service, selected exempt service, and senior 
1563  management service positions. Actions No action may not be taken 
1564  to fill any position until it has been classified in accordance 
1565  with the classification plan. 
1566         (a) The department shall develop occupation profiles 
1567  necessary for the establishment of new occupations or for the 
1568  revision of existing occupations and shall adopt the appropriate 
1569  occupation title and broadband level code for each occupation. 
1570  Such occupation profiles, titles, and codes are shall not 
1571  constitute rules within the meaning of s. 120.52. 
1572         (b) The department shall be responsible for conducting 
1573  periodic studies and surveys to ensure that the classification 
1574  plan is maintained on a current basis. 
1575         (c) The department may review in a postaudit capacity the 
1576  action taken by an employing agency in classifying or 
1577  reclassifying a position. 
1578         (d) The department shall effect a classification change on 
1579  any classification or reclassification action taken by an 
1580  employing agency if the action taken by the agency was not based 
1581  on the duties and responsibilities officially assigned the 
1582  position as they relate to the concepts and description 
1583  contained in the official occupation profile and the level 
1584  definition defined in the occupational group characteristics 
1585  adopted by the department. 
1586         (e) In cooperation and consultation with the employing 
1587  agencies, the department shall adopt rules necessary to 
1588  administer govern the administration of the classification plan. 
1589  Such rules shall be approved by the Administration Commission 
1590  before prior to their adoption by the department. 
1591         Section 39. Subsection (1) of section 110.2037, Florida 
1592  Statutes, is amended to read: 
1593         110.2037 Alternative benefits; tax-sheltered annual leave 
1594  and sick leave payments and special compensation payments.— 
1595         (1) The department may of Management Services has authority 
1596  to adopt tax-sheltered plans under s. 401(a) of the Internal 
1597  Revenue Code for state employees who are eligible for payment 
1598  for accumulated leave. The department, Upon adoption of the 
1599  plans, the department shall contract for a private vendor or 
1600  vendors to administer the plans. These plans are shall be 
1601  limited to state employees who are over age 55 and who are: 
1602  eligible for accumulated leave and special compensation payments 
1603  and separating from employment with 10 years of service in 
1604  accordance with the Internal Revenue Code, or who are 
1605  participating in the Deferred Retirement Option Program on or 
1606  after July 1, 2001. The plans must provide benefits in a manner 
1607  that minimizes the tax liability of the state and participants. 
1608  The plans must be funded by employer contributions of payments 
1609  for accumulated leave or special compensation payments, or both, 
1610  as specified by the department. The plans must have received all 
1611  necessary federal and state approval as required by law, must 
1612  not adversely impact the qualified status of the Florida 
1613  Retirement System defined benefit or defined contribution plans 
1614  or the pretax benefits program, and must comply with the 
1615  provisions of s. 112.65. Adoption of any plan is contingent on: 
1616  the department receiving appropriate favorable rulings from the 
1617  Internal Revenue Service; the department negotiating under the 
1618  provisions of chapter 447, where applicable; and the Chief 
1619  Financial Officer making appropriate changes to the state 
1620  payroll system. The department’s request for proposals by 
1621  vendors for such plans may require that the vendors provide 
1622  market-risk or volatility ratings from recognized rating 
1623  agencies for each of their investment products. The department 
1624  shall provide for a system of continuous quality assurance 
1625  oversight to ensure that the program objectives are achieved and 
1626  that the program is prudently managed. 
1627         Section 40. Subsections (4) and (6) of section 110.205, 
1628  Florida Statutes, as amended by chapter 2009-271, Laws of 
1629  Florida, are amended to read: 
1630         110.205 Career service; exemptions.— 
1631         (4) DEFINITION OF DEPARTMENT.—As When used in this section, 
1632  the term “department” shall mean all departments and commissions 
1633  of the executive branch, whether created by the State 
1634  Constitution or chapter 20,; the office of the Governor,; and 
1635  the Public Service Commission; however, the term “department” 
1636  means shall mean the Department of Personnel Management Services 
1637  when used in the context of the authority to establish pay bands 
1638  and benefits. 
1639         (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM, 
1640  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions 
1641  exempted from this part, there is hereby exempted from the 
1642  Career Service System The chief inspector of the boiler 
1643  inspection program of the Department of Financial Services is 
1644  exempted from Career Service. The pay band of this position 
1645  shall be established by the Department of Personnel Management 
1646  Services in accordance with the classification and pay plan 
1647  established for the Selected Exempt Service. 
1648         Section 41. Subsection (2) of section 110.2135, Florida 
1649  Statutes, is amended to read: 
1650         110.2135 Preference in employment, reemployment, promotion, 
1651  and retention.— 
1652         (2) A disabled veteran employed as the result of being 
1653  placed at the top of the appropriate employment list under the 
1654  provisions of s. 295.08 or s. 295.085 shall be appointed for a 
1655  probationary period of 1 year. At the end of such period, if the 
1656  work of the veteran has been satisfactorily performed, the 
1657  veteran will acquire permanent employment status and will be 
1658  subject to the employment rules of the department of Management 
1659  Services and the veteran’s employing agency. 
1660         Section 42. Paragraph (a) of subsection (3) of section 
1661  110.227, Florida Statutes, is amended to read: 
1662         110.227 Suspensions, dismissals, reductions in pay, 
1663  demotions, layoffs, transfers, and grievances.— 
1664         (3)(a) For With regard to law enforcement or correctional 
1665  officers, firefighters, or professional health care providers, 
1666  if when a layoff becomes necessary, the such layoff shall be 
1667  conducted within the competitive area identified by the agency 
1668  head and approved by the department of Management Services. Such 
1669  competitive area shall be established taking into consideration 
1670  the similarity of work; the organizational unit, which may be by 
1671  agency, department, division, bureau, or other organizational 
1672  unit; and the commuting area for the work affected. 
1673         Section 43. Subsections (1) and (2) of section 110.403, 
1674  Florida Statutes, are amended to read: 
1675         110.403 Powers and duties of the department.— 
1676         (1) In order to implement the purposes of this part, the 
1677  department of Management Services, after approval by the 
1678  Administration Commission, shall adopt and amend rules that 
1679  provide providing for: 
1680         (a) A system for employing, promoting, or reassigning 
1681  managers that is responsive to organizational or program needs. 
1682  In no event shall The number of positions included in the Senior 
1683  Management Service may not exceed 1.0 percent of the total full 
1684  time equivalent positions in the Career Service. The department 
1685  may not approve the establishment of shall deny approval to 
1686  establish any position within the Senior Management Service 
1687  which exceeds would exceed the limitation established in this 
1688  paragraph. The department shall report that the limitation has 
1689  been reached to the Governor, the President of the Senate, and 
1690  the Speaker of the House of Representatives, as soon as 
1691  practicable after it such event occurs. Employees in the Senior 
1692  Management Service shall serve at the pleasure of the agency 
1693  head and are shall be subject to suspension, dismissal, 
1694  reduction in pay, demotion, transfer, or other personnel action 
1695  at the discretion of the agency head. Such personnel actions are 
1696  exempt from the provisions of chapter 120. 
1697         (b) A performance appraisal system that takes which shall 
1698  take into consideration individual and organizational 
1699  efficiency, productivity, and effectiveness. 
1700         (c) A classification plan and a salary and benefit plan 
1701  that provides appropriate incentives for the recruitment and 
1702  retention of outstanding management personnel and provides for 
1703  salary increases based on performance. 
1704         (d) A system of rating duties and responsibilities for 
1705  positions within the Senior Management Service and the 
1706  qualifications of candidates for those positions. 
1707         (e) A system for documenting actions taken on agency 
1708  requests for approval of position exemptions and special pay 
1709  increases. 
1710         (f) Requirements for regarding recordkeeping by agencies 
1711  with respect to senior management service positions. Such 
1712  records shall be audited periodically by the department of 
1713  Management Services to determine agency compliance with the 
1714  provisions of this part and department the rules of the 
1715  Department of Management Services. 
1716         (g) Other procedures relating to personnel administration 
1717  to carry out the purposes of this part. 
1718         (h) A program of affirmative and positive action that will 
1719  ensure full utilization of women and minorities in senior 
1720  management service positions. 
1721         (2) The powers, duties, and functions of the department 
1722  includes of Management Services shall include responsibility for 
1723  the policy administration of the Senior Management Service. 
1724         Section 44. Section 110.405, Florida Statutes, is amended 
1725  to read: 
1726         110.405 Advisory committees.—The department’s executive 
1727  director Secretary of Management Services may at any time 
1728  appoint an ad hoc or continuing advisory committee consisting of 
1729  members of the Senior Management Service or other persons 
1730  knowledgeable in the field of personnel management. Any Such 
1731  committee may not have shall consist of not more than nine 
1732  members, who shall serve at the pleasure of and meet at the call 
1733  of the director secretary, to advise and consult with the 
1734  director secretary on such matters affecting the Senior 
1735  Management Service as the director secretary requests. Members 
1736  shall serve without compensation, but are shall be entitled to 
1737  receive reimbursement for travel expenses as provided in s. 
1738  112.061. The executive director secretary may periodically hire 
1739  a consultant who has with expertise in personnel management to 
1740  advise him or her with respect to the administration of the 
1741  Senior Management Service. 
1742         Section 45. Paragraph (b) of subsection (2) and subsection 
1743  (3) of section 110.406, Florida Statutes, are amended to read: 
1744         110.406 Senior Management Service; data collection.— 
1745         (2) The data required by this section shall include: 
1746         (b) Any recommendations and proposals for legislation which 
1747  the executive director secretary may have with respect to 
1748  improving the operation and administration of the Senior 
1749  Management Service. 
1750         (3) To assist in the preparation of the data required by 
1751  this section, the executive director secretary may hire a 
1752  consultant with expertise in the field of personnel management 
1753  and may use the services of the advisory committee authorized in 
1754  s. 110.405. 
1755         Section 46. Section 110.503, Florida Statutes, is amended 
1756  to read: 
1757         110.503 Responsibilities of state departments and 
1758  agencies.—Each state department or agency using utilizing the 
1759  services of volunteers shall: 
1760         (1) Take such actions as are necessary and appropriate to 
1761  develop meaningful opportunities for volunteers involved in 
1762  state-administered programs. 
1763         (2) Comply with the uniform rules adopted by the department 
1764  of Management Services governing the recruitment, screening, 
1765  training, responsibility, use, and supervision of volunteers. 
1766         (3) Take such actions as are necessary to ensure that 
1767  volunteers understand their duties and responsibilities. 
1768         (4) Take such actions as are necessary and appropriate to 
1769  ensure a receptive climate for citizen volunteers. 
1770         (5) Provide for the recognition of volunteers who have 
1771  offered continuous and outstanding service to state-administered 
1772  programs. Each state department or agency using the services of 
1773  volunteers may is authorized to incur expenditures not to exceed 
1774  $100 each plus applicable taxes for suitable framed 
1775  certificates, plaques, or other tokens of recognition to honor, 
1776  reward, or encourage volunteers for their service. 
1777         (6) Recognize prior volunteer service as partial 
1778  fulfillment of state employment requirements for training and 
1779  experience pursuant to department rules adopted by the 
1780  Department of Management Services. 
1781         Section 47. Subsection (5) of section 110.605, Florida 
1782  Statutes, is amended to read: 
1783         110.605 Powers and duties; personnel rules, records, 
1784  reports, and performance appraisal.— 
1785         (5) The executive director secretary may periodically hire 
1786  a consultant with expertise in personnel management to advise 
1787  him or her with respect to the administration of the Selected 
1788  Exempt Service. 
1789         Section 48. Paragraph (b) of subsection (2) and subsection 
1790  (3) of section 110.606, Florida Statutes, are amended to read: 
1791         110.606 Selected Exempt Service; data collection.— 
1792         (2) The data required by this section shall include: 
1793         (b) Any recommendations and proposals for legislation which 
1794  the executive director secretary may have with respect to 
1795  improving the operation and administration of the Selected 
1796  Exempt Service. 
1797         (3) To assist in the preparation of the data required by 
1798  this section, the executive director secretary may hire a 
1799  consultant with expertise in the field of personnel management. 
1800         Section 49. Paragraph (c) of subsection (13) of section 
1801  112.0455, Florida Statutes, is amended to read: 
1802         112.0455 Drug-Free Workplace Act.— 
1803         (13) RULES.— 
1804         (c) The Department of Personnel Management Services may 
1805  adopt rules for all executive branch agencies implementing this 
1806  section. 
1807 
1808  This section shall not be construed to eliminate the bargainable 
1809  rights as provided in the collective bargaining process where 
1810  applicable. 
1811         Section 50. Paragraph (b) of subsection (4) of section 
1812  112.05, Florida Statutes, is amended to read: 
1813         112.05 Retirement; cost-of-living adjustment; employment 
1814  after retirement.— 
1815         (4) 
1816         (b) Any person to whom the limitation in paragraph (a) 
1817  applies who violates such reemployment limitation and is 
1818  reemployed with any agency participating in the Florida 
1819  Retirement System before completing prior to completion of the 
1820  12-month limitation period must shall give timely notice of this 
1821  fact in writing to the employer and to the Division of 
1822  Retirement; and the person’s retirement benefits shall be 
1823  suspended for the balance of the 12-month limitation period. Any 
1824  person employed in violation of this subsection and any 
1825  employing agency that which knowingly employs or appoints such 
1826  person without notifying the Department of Personnel Management 
1827  Services to suspend retirement benefits is shall be jointly and 
1828  severally liable for reimbursement to the retirement trust fund 
1829  of any benefits paid during the reemployment limitation period. 
1830  To avoid liability, the such employing agency must shall have a 
1831  written statement from the retiree that he or she is not retired 
1832  from a state-administered retirement system. Any retirement 
1833  benefits received by such person while reemployed during this 
1834  limitation period must shall be repaid to the retirement trust 
1835  fund, and the retirement benefits shall remain suspended until 
1836  such repayment has been made. Any benefits suspended beyond the 
1837  reemployment limitation period shall apply toward the repayment 
1838  of benefits received in violation of the reemployment 
1839  limitation. 
1840         Section 51. Subsection (5) of section 112.08, Florida 
1841  Statutes, is amended to read: 
1842         112.08 Group insurance for public officers, employees, and 
1843  certain volunteers; physical examinations.— 
1844         (5) The Department of Personnel Management Services shall 
1845  initiate and supervise a group insurance program providing death 
1846  and disability benefits for active members of the Florida 
1847  Highway Patrol Auxiliary, with coverage beginning July 1, 1978, 
1848  and purchased from state funds appropriated for that purpose. 
1849  The department of Management Services, in cooperation with the 
1850  Office of Insurance Regulation, shall prepare specifications 
1851  necessary to implement the program, and the Department of 
1852  Management Services shall receive bids and award the contract in 
1853  accordance with general law. 
1854         Section 52. Section 112.0804, Florida Statutes, is amended 
1855  to read: 
1856         112.0804 Medicare supplement and health insurance for 
1857  retirees under the Florida Retirement System; Medicare 
1858  supplement and fully insured coverage.— 
1859         (1) The Department of Personnel Management Services shall 
1860  solicit competitive bids from state-licensed insurance companies 
1861  to provide and administer a fully insured Medicare supplement 
1862  policy for all eligible retirees of a state or local public 
1863  employer. Such Medicare supplement policy must shall meet the 
1864  provisions of ss. 627.671-627.675. For the purpose of this 
1865  subsection, the term “eligible retiree” means any public 
1866  employee who retired from a state or local public employer who 
1867  is covered by Medicare, Parts A and B. The department of 
1868  Management Services shall authorize one company to offer the 
1869  Medicare supplement coverage to all eligible retirees. All 
1870  premiums shall be paid by the retiree. 
1871         (2) The Department of Management Services shall solicit 
1872  competitive bids from state-licensed insurance companies to 
1873  provide and administer fully insured health insurance coverage 
1874  for all public employees who retired from a state or local 
1875  public employer and who are not covered by Medicare, Parts A and 
1876  B. The department of Management Services may authorize one 
1877  company to offer such coverage if the proposed benefits and 
1878  premiums are reasonable. If such coverage is authorized, all 
1879  premiums shall be paid for by the retiree. 
1880         Section 53. Subsections (1) and (2) of section 112.24, 
1881  Florida Statutes, are amended to read: 
1882         112.24 Intergovernmental interchange of public employees. 
1883  To encourage economical and effective utilization of public 
1884  employees in this state, the temporary assignment of employees 
1885  among agencies of government, both state and local, and 
1886  including school districts and public institutions of higher 
1887  education is authorized under terms and conditions set forth in 
1888  this section. State agencies, municipalities, and political 
1889  subdivisions are authorized to enter into employee interchange 
1890  agreements with other state agencies, the Federal Government, 
1891  another state, a municipality, or a political subdivision 
1892  including a school district, or with a public institution of 
1893  higher education. State agencies are also authorized to enter 
1894  into employee interchange agreements with private institutions 
1895  of higher education and other nonprofit organizations under the 
1896  terms and conditions provided in this section. In addition, the 
1897  Governor or the Governor and Cabinet may enter into employee 
1898  interchange agreements with a state agency, the Federal 
1899  Government, another state, a municipality, or a political 
1900  subdivision including a school district, or with a public 
1901  institution of higher learning to fill, subject to the 
1902  requirements of chapter 20, appointive offices which are within 
1903  the executive branch of government and which are filled by 
1904  appointment by the Governor or the Governor and Cabinet. Under 
1905  no circumstances shall employee interchange agreements be 
1906  utilized for the purpose of assigning individuals to participate 
1907  in political campaigns. Duties and responsibilities of 
1908  interchange employees shall be limited to the mission and goals 
1909  of the agencies of government. 
1910         (1) Details of an employee interchange program must shall 
1911  be the subject of an agreement, which may be extended or 
1912  modified, between a sending party and a receiving party. State 
1913  agencies shall report such agreements and any extensions or 
1914  modifications thereto to the Department of Personnel Management 
1915  Services. 
1916         (2) The period of an individual’s assignment or detail 
1917  under an employee interchange program may shall not exceed 2 
1918  years. Upon agreement of the sending party and the receiving 
1919  party and under the same or modified terms, an assignment or 
1920  detail of 2 years may be extended by 3 months. However, 
1921  agreements relating to faculty members of the State University 
1922  System may be extended biennially upon approval by the 
1923  Department of Personnel Management Services. If the appointing 
1924  agency is the Governor or the Governor and Cabinet, the period 
1925  of an individual’s assignment or detail under an employee 
1926  interchange program may shall not exceed 2 years plus an 
1927  extension of 3 months or the number of years left in the term of 
1928  office of the Governor, whichever is less. 
1929         Section 54. Paragraph (d) of subsection (4) of section 
1930  112.3173, Florida Statutes, is amended to read: 
1931         112.3173 Felonies involving breach of public trust and 
1932  other specified offenses by public officers and employees; 
1933  forfeiture of retirement benefits.— 
1934         (4) NOTICE.— 
1935         (d) The Commission on Ethics shall forward any notice and 
1936  any other document received by it pursuant to this subsection to 
1937  the governing body of the public retirement system of which the 
1938  public officer or employee is a member or from which the public 
1939  officer or employee may be entitled to receive a benefit. If 
1940  When called on by the Commission on Ethics, the Department of 
1941  Personnel Management Services shall assist the commission in 
1942  identifying the appropriate public retirement system. 
1943         Section 55. Paragraph (a) of subsection (3) of section 
1944  112.31895, Florida Statutes, is amended to read: 
1945         112.31895 Investigative procedures in response to 
1946  prohibited personnel actions.— 
1947         (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.— 
1948         (a) The Florida Commission on Human Relations, in 
1949  accordance with the Whistle-blower’s this Act and for the sole 
1950  purpose of the this act, is empowered to: 
1951         1. Receive and investigate complaints from employees 
1952  alleging retaliation by state agencies, as the term “state 
1953  agency” is defined in s. 216.011. 
1954         2. Protect employees and applicants for employment with 
1955  such agencies from prohibited personnel practices under s. 
1956  112.3187. 
1957         3. Petition for stays and petition for corrective actions, 
1958  including, but not limited to, temporary reinstatement. 
1959         4. Recommend disciplinary proceedings pursuant to 
1960  investigation and appropriate agency rules and procedures. 
1961         5. Coordinate with the Chief Inspector General in the 
1962  Executive Office of the Governor and the Florida Commission on 
1963  Human Relations to receive, review, and forward to appropriate 
1964  agencies, legislative entities, or the Department of Law 
1965  Enforcement disclosures of a violation of any law, rule, or 
1966  regulation, or disclosures of gross mismanagement, malfeasance, 
1967  misfeasance, nonfeasance, neglect of duty, or gross waste of 
1968  public funds. 
1969         6. Review rules pertaining to personnel matters issued or 
1970  proposed by the Department of Personnel Management Services, the 
1971  Public Employees Relations Commission, and other agencies, and, 
1972  if the Florida Commission on Human Relations finds that any rule 
1973  or proposed rule, on its face or as implemented, requires the 
1974  commission of a prohibited personnel practice, provide a written 
1975  comment to the appropriate agency. 
1976         7. Investigate, request assistance from other governmental 
1977  entities, and, if appropriate, bring actions concerning, 
1978  allegations of retaliation by state agencies under subparagraph 
1979  1. 
1980         8. Administer oaths, examine witnesses, take statements, 
1981  issue subpoenas, order the taking of depositions, order 
1982  responses to written interrogatories, and make appropriate 
1983  motions to limit discovery, pursuant to investigations under 
1984  subparagraph 1. 
1985         9. Intervene or otherwise participate, as a matter of 
1986  right, in any appeal or other proceeding arising under this 
1987  section before the Public Employees Relations Commission or any 
1988  other appropriate agency, except that the Florida Commission on 
1989  Human Relations must comply with the rules of the commission or 
1990  other agency and may not seek corrective action or intervene in 
1991  an appeal or other proceeding without the consent of the person 
1992  protected under ss. 112.3187-112.31895. 
1993         10. Conduct an investigation, in the absence of an 
1994  allegation, to determine whether reasonable grounds exist to 
1995  believe that a prohibited action or a pattern of prohibited 
1996  action has occurred, is occurring, or is to be taken. 
1997         Section 56. Subsection (7) of section 112.352, Florida 
1998  Statutes, is amended to read: 
1999         112.352 Definitions.—The following words and phrases as 
2000  used in this act shall have the following meaning unless a 
2001  different meaning is required by the context: 
2002         (7) “Department” means the Department of Personnel 
2003  Management Services. 
2004         Section 57. Section 112.354, Florida Statutes, is amended 
2005  to read: 
2006         112.354 Eligibility for supplement.—Each retired member or, 
2007  if applicable, a joint annuitant, except any person receiving 
2008  survivor benefits under the teachers’ retirement system of the 
2009  state in accordance with s. 238.07(18), is shall be entitled to 
2010  receive a supplement computed in accordance with s. 112.355 
2011  upon: 
2012         (1) Furnishing to the department of Management Services 
2013  evidence from the Social Security Administration of setting 
2014  forth the retired member’s social security benefit or certifying 
2015  the noninsured status of the retired member under the Social 
2016  Security Act, and 
2017         (2) Filing written application with the Department of 
2018  Management Services for such supplement with the department. 
2019         Section 58. Section 112.358, Florida Statutes, is amended 
2020  to read: 
2021         112.358 Administration of system.—The department of 
2022  Management Services shall adopt make such rules and regulations 
2023  as are necessary for the effective and efficient administration 
2024  of this part act and the cost to pay the expenses of such 
2025  administration is hereby appropriated out of the appropriate 
2026  retirement fund. 
2027         Section 59. Paragraph (g) of subsection (2) of section 
2028  112.361, Florida Statutes, is amended to read: 
2029         112.361 Additional and updated supplemental retirement 
2030  benefits.— 
2031         (2) DEFINITIONS.—As used in this section, unless a 
2032  different meaning is required by the context: 
2033         (g) “Department” means the Department of Management 
2034  Services. 
2035         Section 60. Paragraphs (a) and (b) of subsection (4) of 
2036  section 112.362, Florida Statutes, are amended to read: 
2037         112.362 Recomputation of retirement benefits.— 
2038         (4)(a) Effective July 1, 1980, any person who retired 
2039  before prior to July 1, 1987, under a state-supported retirement 
2040  system with at least not less than 10 years of creditable 
2041  service and who is not receiving or entitled to receive federal 
2042  social security benefits shall, upon reaching 65 years of age 
2043  and upon application to the department of Management Services, 
2044  be entitled to receive a minimum monthly benefit equal to $16.50 
2045  multiplied by the member’s total number of years of creditable 
2046  service and adjusted by the actuarial factor applied to the 
2047  original benefit for optional forms of retirement. Thereafter, 
2048  the minimum monthly benefit shall be recomputed as provided in 
2049  paragraph (5)(a). Application for this minimum monthly benefit 
2050  must shall include certification by the retired member that he 
2051  or she is not receiving and is not entitled to receive social 
2052  security benefits and shall include written authorization giving 
2053  for the department of Management Services to have access to 
2054  information from the Federal Social Security Administration 
2055  concerning the member’s entitlement to or eligibility for social 
2056  security benefits. The minimum benefit may provided by this 
2057  paragraph shall not be paid unless and until the application 
2058  requirements of this paragraph are satisfied. 
2059         (b) Effective July 1, 1978, the surviving spouse or 
2060  beneficiary who is receiving or entitled to receive a monthly 
2061  benefit commencing before prior to July 1, 1987, from the 
2062  account of a any deceased retired member who had completed at 
2063  least 10 years of creditable service shall, at the time the such 
2064  deceased retiree would have reached age 65, if living, and, upon 
2065  application to the department of Management Services, be 
2066  entitled to receive the minimum monthly benefit described in 
2067  paragraph (a), adjusted by the actuarial factor applied to the 
2068  optional form of benefit payable to the said surviving spouse or 
2069  beneficiary, if such provided said person is not receiving or 
2070  entitled to receive federal social security benefits. 
2071  Application for this minimum monthly benefit must shall include 
2072  certification by the surviving spouse or beneficiary that he or 
2073  she is not receiving and is not entitled to receive social 
2074  security benefits and shall include written authorization giving 
2075  for the department of Management Services to have access to 
2076  information from the Federal Social Security Administration 
2077  concerning such person’s entitlement to or eligibility for 
2078  social security benefits. The minimum benefit may provided by 
2079  this paragraph shall not be paid unless and until the 
2080  application requirements of this paragraph are satisfied. 
2081         Section 61. Paragraph (d) of subsection (2) and subsections 
2082  (4), (7), and (8) of section 112.363, Florida Statutes, are 
2083  amended to read: 
2084         112.363 Retiree health insurance subsidy.— 
2085         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.— 
2086         (d) Payment of the retiree health insurance subsidy shall 
2087  be made only after coverage for health insurance for the retiree 
2088  or beneficiary has been certified in writing to the department 
2089  of Management Services. Participation in a former employer’s 
2090  group health insurance program is not a requirement for 
2091  eligibility under this section. Coverage issued pursuant to s. 
2092  408.9091 is considered health insurance for the purposes of this 
2093  section. 
2094         (4) PAYMENT OF RETIREE HEALTH INSURANCE SUBSIDY.—Beginning 
2095  January 1, 1988, any monthly retiree health insurance subsidy 
2096  amount due and payable under this section shall be paid to 
2097  retired members by the department of Management Services or 
2098  under the direction and control of the department. 
2099         (7) ADMINISTRATION OF SYSTEM.—The department of Management 
2100  Services may adopt such rules and regulations as are necessary 
2101  for the effective and efficient administration of this section. 
2102  The cost of administration shall be appropriated from the trust 
2103  fund. 
2104         (8) CONTRIBUTIONS.—For purposes of funding the insurance 
2105  subsidy provided by this section: 
2106         (a) Beginning October 1, 1987, the employer of each member 
2107  of a state-administered retirement plan shall contribute 0.24 
2108  percent of gross compensation each pay period. 
2109         (b) Beginning January 1, 1989, the employer of each member 
2110  of a state-administered retirement plan shall contribute 0.48 
2111  percent of gross compensation each pay period. 
2112         (c) Beginning January 1, 1994, the employer of each member 
2113  of a state-administered retirement plan shall contribute 0.56 
2114  percent of gross compensation each pay period. 
2115         (d) Beginning January 1, 1995, the employer of each member 
2116  of a state-administered retirement plan shall contribute 0.66 
2117  percent of gross compensation each pay period. 
2118         (e) Beginning July 1, 1998, the employer of each member of 
2119  a state-administered retirement plan shall contribute 0.94 
2120  percent of gross compensation each pay period. 
2121         (f) Beginning July 1, 2001, the employer of each member of 
2122  a state-administered plan shall contribute 1.11 percent of gross 
2123  compensation each pay period. 
2124 
2125  Such contributions shall be submitted to the department of 
2126  Management Services and deposited in the Retiree Health 
2127  Insurance Subsidy Trust Fund. 
2128         Section 62. Subsections (2) and (4) of section 112.63, 
2129  Florida Statutes, are amended to read: 
2130         112.63 Actuarial reports and statements of actuarial 
2131  impact; review.— 
2132         (2) The frequency of actuarial reports must be at least 
2133  every 3 years commencing from the last actuarial report of the 
2134  plan or system or October 1, 1980, if no actuarial report has 
2135  been issued within the 3-year period prior to October 1, 1979. 
2136  The results of each actuarial report must shall be filed with 
2137  the plan administrator within 60 days after of certification. 
2138  Thereafter, the results of each actuarial report shall be made 
2139  available for inspection upon request. Additionally, each 
2140  retirement system or plan covered by this part act which is not 
2141  administered directly by the Department of Personnel Management 
2142  Services shall furnish a copy of each actuarial report to the 
2143  department of Management Services within 60 days after receipt 
2144  from the actuary. The requirements of this section are 
2145  supplemental to actuarial valuations necessary to comply with 
2146  the requirements of s. 218.39. 
2147         (4) Upon receipt, pursuant to subsection (2), of an 
2148  actuarial report, or upon receipt, pursuant to subsection (3), 
2149  of a statement of actuarial impact, the Department of Personnel 
2150  Management Services shall acknowledge such receipt, but shall 
2151  only review and comment on each retirement system’s or plan’s 
2152  actuarial valuations at least on a triennial basis. If the 
2153  department finds that the actuarial valuation is not complete, 
2154  accurate, or based on reasonable assumptions or otherwise 
2155  materially fails to satisfy the requirements of this part;, if 
2156  the department requires additional material information 
2157  necessary to complete its review of the actuarial valuation of a 
2158  system or plan or material information necessary to satisfy the 
2159  duties of the department pursuant to s. 112.665(1);, or if the 
2160  department does not receive the actuarial report or statement of 
2161  actuarial impact, the department shall notify the administrator 
2162  of the affected retirement system or plan and the affected 
2163  governmental entity and request appropriate adjustment, the 
2164  additional material information, or the required report or 
2165  statement. The notification must inform the administrator of the 
2166  affected retirement system or plan and the affected governmental 
2167  entity of the consequences of failing for failure to comply with 
2168  the requirements of this subsection. If, after a reasonable 
2169  period of time, a satisfactory adjustment is not made or the 
2170  report, statement, or additional material information is not 
2171  provided, the department may notify the Department of Revenue 
2172  and the Department of Financial Services of such noncompliance, 
2173  in which case the Department of Revenue and the Department of 
2174  Financial Services shall withhold any funds not pledged for 
2175  satisfaction of bond debt service which are payable to the 
2176  affected governmental entity until the adjustment is made or the 
2177  report, statement, or additional material information is 
2178  provided to the department. The department shall specify the 
2179  date such action is to begin, and notification by the department 
2180  must be received by the Department of Revenue, the Department of 
2181  Financial Services, and the affected governmental entity 30 days 
2182  before the date the action begins. 
2183         (a) Within 21 days after receipt of the notice, the 
2184  affected governmental entity may petition for a hearing under 
2185  ss. 120.569 and 120.57 with the Department of Personnel 
2186  Management Services. The Department of Revenue and the 
2187  Department of Financial Services may not be parties to any such 
2188  hearing, but may request to intervene if requested by the 
2189  department of Management Services or if the Department of 
2190  Revenue or the Department of Financial Services determines its 
2191  interests may be adversely affected by the hearing. If the 
2192  administrative law judge recommends in favor of the department, 
2193  the department shall perform an actuarial review, prepare the 
2194  statement of actuarial impact, or collect the requested material 
2195  information. The cost to the department of conducting performing 
2196  such actuarial review, preparing the statement, or collecting 
2197  the requested material information shall be charged to the 
2198  affected governmental entity responsible for of which the 
2199  employees are covered by the retirement system or plan. If 
2200  payment of such costs is not received by the department within 
2201  60 days after receipt by the affected governmental entity of the 
2202  request for payment, the department shall certify to the 
2203  Department of Revenue and the Department of Financial Services 
2204  the amount due, and the Department of Revenue and the Department 
2205  of Financial Services shall pay such amount to the department of 
2206  Management Services from any funds not pledged for satisfaction 
2207  of bond debt service which are payable to the affected 
2208  governmental entity of which the employees are covered by the 
2209  retirement system or plan. If the administrative law judge 
2210  recommends in favor of the affected governmental entity and the 
2211  department conducts performs an actuarial review, prepares the 
2212  statement of actuarial impact, or collects the requested 
2213  material information, the cost to the department of performing 
2214  the actuarial review, preparing the statement, or collecting the 
2215  requested material information shall be paid by the department 
2216  of Management Services. 
2217         (b) In the case of an affected special district, the 
2218  Department of Personnel Management Services shall also notify 
2219  the Department of Community Affairs. Upon receipt of 
2220  notification, the Department of Community Affairs shall proceed 
2221  pursuant to the provisions of s. 189.421 with regard to the 
2222  special district. 
2223         Section 63. Subsection (1) of section 112.64, Florida 
2224  Statutes, is amended to read: 
2225         112.64 Administration of funds; amortization of unfunded 
2226  liability.— 
2227         (1) Employee contributions shall be deposited in the 
2228  retirement system or plan at least monthly. Employer 
2229  contributions shall be deposited at least quarterly; however, 
2230  any revenues received from any source by an employer which are 
2231  specifically collected for the purpose of allocation for deposit 
2232  into a retirement system or plan must shall be so deposited 
2233  within 30 days after of receipt by the employer. All employers 
2234  and employees participating in the Florida Retirement System and 
2235  other existing retirement systems that which are administered by 
2236  the Department of Personnel Management Services shall continue 
2237  to make contributions at least monthly. 
2238         Section 64. Section 112.658, Florida Statutes, is amended 
2239  to read: 
2240         112.658 Office of Program Policy Analysis and Government 
2241  Accountability to determine compliance of the Florida Retirement 
2242  System.— 
2243         (1) The Office of Program Policy Analysis and Government 
2244  Accountability shall: 
2245         (1) Determine, through the examination of actuarial 
2246  reviews, financial statements, and the practices and procedures 
2247  of the Department of Personnel Management Services, the 
2248  compliance of the Florida Retirement System with the provisions 
2249  of this part act. 
2250         (2) The Office of Program Policy Analysis and Government 
2251  Accountability shall Employ an independent consulting actuary 
2252  who is an enrolled actuary as defined in this part to assist in 
2253  the determination of compliance. 
2254         (3) The Office of Program Policy Analysis and Government 
2255  Accountability shall Employ the same actuarial standards to 
2256  monitor the Department of Personnel Management that Services as 
2257  the department of Management Services uses to monitor local 
2258  governments. 
2259         Section 65. Subsections (9), (16), and (17) of section 
2260  112.661, Florida Statutes, are amended to read: 
2261         112.661 Investment policies.—Investment of the assets of 
2262  any local retirement system or plan must be consistent with a 
2263  written investment policy adopted by the board. Such policies 
2264  shall be structured to maximize the financial return to the 
2265  retirement system or plan consistent with the risks incumbent in 
2266  each investment and shall be structured to establish and 
2267  maintain an appropriate diversification of the retirement system 
2268  or plan’s assets. 
2269         (9) EXPECTED ANNUAL RATE OF RETURN.—The investment policy 
2270  must shall require that, for each actuarial valuation, the board 
2271  determine the total expected annual rate of return for the 
2272  current year, for each of the next several years, and for the 
2273  long term thereafter. This determination must be filed promptly 
2274  with the Department of Personnel Management Services and with 
2275  the plan’s sponsor and the consulting actuary. The department 
2276  shall use this determination only to notify the board, the 
2277  plan’s sponsor, and consulting actuary only of material 
2278  differences between the total expected annual rate of return and 
2279  the actuarial assumed rate of return. 
2280         (16) FILING OF INVESTMENT POLICY.—Upon adoption by the 
2281  board, the investment policy shall be promptly filed with the 
2282  Department of Personnel Management Services and the plan’s 
2283  sponsor and consulting actuary. The effective date of the 
2284  investment policy, and any amendment thereto, is shall be the 
2285  31st calendar day following the filing date with the plan 
2286  sponsor. 
2287         (17) VALUATION OF ILLIQUID INVESTMENTS.—The investment 
2288  policy must shall provide for the valuation of illiquid 
2289  investments for which a generally recognized market is not 
2290  available or for which there is no consistent or generally 
2291  accepted pricing mechanism. If those investments are used 
2292  utilized, the investment policy must include the criteria set 
2293  forth in s. 215.47(6), except that submission to the Investment 
2294  Advisory Council is not required. The investment policy must 
2295  shall require that, for each actuarial valuation, the board must 
2296  verify the determination of the fair market value for those 
2297  investments and ascertain that the determination complies with 
2298  all applicable state and federal requirements. The investment 
2299  policy must shall require that the board disclose to the 
2300  Department of Personnel Management Services and the plan’s 
2301  sponsor each such investment for which the fair market value is 
2302  not provided. 
2303         Section 66. Section 112.665, Florida Statutes, is amended 
2304  to read: 
2305         112.665 Duties of Department of Personnel Management 
2306  Services.— 
2307         (1) The Department of Personnel Management Services shall: 
2308         (a) Gather, catalog, and maintain complete, computerized 
2309  data information on all public employee retirement systems or 
2310  plans in the state, based upon a review of audits, reports, and 
2311  other data pertaining to the systems or plans; 
2312         (b) Receive and comment upon all actuarial reviews of 
2313  retirement systems or plans maintained by units of local 
2314  government; 
2315         (c) Cooperate with local retirement systems or plans on 
2316  matters of mutual concern and provide technical assistance to 
2317  units of local government in the assessment and revision of 
2318  retirement systems or plans; 
2319         (d) Annually issue, by January 1 annually, a report to the 
2320  President of the Senate and the Speaker of the House of 
2321  Representatives, which report details division activities, 
2322  findings, and recommendations concerning all governmental 
2323  retirement systems. The report may include proposed legislation 
2324  proposed to carry out such recommendations; 
2325         (e) Annually issue, by January 1 annually, a report to the 
2326  Special District Information Program of the Department of 
2327  Community Affairs which that includes the participation in and 
2328  compliance of special districts with the local government 
2329  retirement system provisions in s. 112.63 and the state 
2330  administered retirement system provisions as specified in part I 
2331  of chapter 121; and 
2332         (f) Adopt reasonable rules to administer the provisions of 
2333  this part. 
2334         (2) The Department of Personnel Management may subpoena 
2335  actuarial witnesses, review books and records, hold hearings, 
2336  and take testimony. A witness shall have the right to be 
2337  accompanied by counsel. 
2338         Section 67. Subsection (1) of section 120.65, Florida 
2339  Statutes, is amended to read: 
2340         120.65 Administrative law judges.— 
2341         (1) The Division of Administrative Hearings within the 
2342  Department of Personnel Management Services shall be headed by a 
2343  director who shall be appointed by the Administration Commission 
2344  and confirmed by the Senate. The director, who shall also serve 
2345  as the chief administrative law judge, and any deputy chief 
2346  administrative law judge must possess the same minimum 
2347  qualifications as the administrative law judges employed by the 
2348  division. The Deputy Chief Judge of Compensation Claims must 
2349  possess the minimum qualifications established in s. 440.45(2) 
2350  and shall report to the director. The division shall be a 
2351  separate budget entity, and the director shall be its agency 
2352  head for all purposes. The department of Management Services 
2353  shall provide administrative support and service to the division 
2354  to the extent requested by the director. The division is shall 
2355  not be subject to control, supervision, or direction by the 
2356  department of Management Services in any manner, including, but 
2357  not limited to, personnel, purchasing, transactions involving 
2358  real or personal property, and budgetary matters. 
2359         Section 68. Subsections (4), (5), and (32) of section 
2360  121.021, Florida Statutes, are amended to read: 
2361         121.021 Definitions.—The following words and phrases as 
2362  used in this chapter have the respective meanings set forth 
2363  unless a different meaning is plainly required by the context: 
2364         (4) “Department” means the Department of Personnel 
2365  Management Services. 
2366         (5) “Administrator” means the executive director secretary 
2367  of the Department of Personnel Management Services. 
2368         (32) “State agency” means the Department of Personnel 
2369  Management Services within the provisions and contemplation of 
2370  chapter 650. 
2371         Section 69. Section 121.025, Florida Statutes, is amended 
2372  to read: 
2373         121.025 Administrator; powers and duties.—The executive 
2374  director secretary of the Department of Personnel Management is 
2375  Services shall be the administrator of the retirement and 
2376  pension systems assigned or transferred to the Department of 
2377  Personnel Management Services by law and shall have the 
2378  authority to sign all the contracts necessary to carry out the 
2379  duties and responsibilities assigned by law to the department by 
2380  law of Management Services. 
2381         Section 70. Subsections (1), (2), and (5) of section 
2382  121.031, Florida Statutes, are amended to read: 
2383         121.031 Administration of system; appropriation; oaths; 
2384  actuarial studies; public records.— 
2385         (1) The department may of Management Services has the 
2386  authority to adopt rules pursuant to ss. 120.536(1) and 120.54 
2387  to implement the provisions of law conferring duties upon the 
2388  department and to adopt rules as are necessary for the effective 
2389  and efficient administration of the retirement this system. The 
2390  funds to pay the expenses of administering for administration of 
2391  the system are hereby appropriated from the interest earned on 
2392  investments made for the Retirement System Trust Fund and the 
2393  assessments allowed under chapter 650. 
2394         (2) The department may of Management Services is authorized 
2395  to require oaths, by affidavit or otherwise, and acknowledgments 
2396  from persons in connection with administering the administration 
2397  of its duties and responsibilities under this chapter. 
2398         (5) The names and addresses of retirees are confidential 
2399  and exempt from the provisions of s. 119.07(1) such to the 
2400  extent that a no state or local governmental agency may not 
2401  provide the names or addresses of retirees such persons in 
2402  aggregate, compiled, or list form to any person except to a 
2403  public agency engaged in official business. However, a state or 
2404  local government agency may provide the names and addresses of 
2405  retirees from that agency to a bargaining agent as defined in s. 
2406  447.203(12) or to a retiree organization for official business 
2407  use. Lists of names or addresses of retirees may be exchanged by 
2408  public agencies, but such lists may shall not be provided to, or 
2409  open for inspection by, the public. Any person may view or copy 
2410  an any individual’s retirement records at the department of 
2411  Management Services, one record at a time, or may obtain 
2412  information by a separate written request for a named individual 
2413  for which information is desired. 
2414         Section 71. Paragraph (c) of subsection (1) and paragraph 
2415  (b) of subsection (2) of section 121.051, Florida Statutes, are 
2416  amended to read: 
2417         121.051 Participation in the system.— 
2418         (1) COMPULSORY PARTICIPATION.— 
2419         (c)1. After June 30, 1983, a member of an existing system 
2420  who is reemployed after terminating employment shall have at the 
2421  time of reemployment the option of selecting to remain in the 
2422  existing retirement system or to transfer to the Florida 
2423  Retirement System. Failure to submit such selection in writing 
2424  to the department of Management Services within 6 months of 
2425  reemployment shall result in compulsory membership in the 
2426  Florida Retirement System. 
2427         2. After June 30, 1988, the provisions of subparagraph 1. 
2428  shall not apply to a member of an existing retirement system who 
2429  is reemployed within 12 months after terminating employment. 
2430  Such member shall continue to have membership in the existing 
2431  system upon reemployment and may shall not be permitted to 
2432  become a member of the Florida Retirement System, except by 
2433  transferring to that system as provided in ss. 121.052 and 
2434  121.055. 
2435         (2) OPTIONAL PARTICIPATION.— 
2436         (b)1. The governing body of a any municipality, 
2437  metropolitan planning organization, or special district in the 
2438  state may elect to participate in the Florida Retirement System 
2439  upon proper application to the administrator and may cover all 
2440  or any of its units as approved by the Secretary of Health and 
2441  Human Services and the administrator. The department shall adopt 
2442  rules providing establishing provisions for the submission of 
2443  documents necessary for such application. 
2444         1. Before Prior to being approved for participation in the 
2445  Florida Retirement system, the governing body of any such 
2446  municipality, metropolitan planning organization, or special 
2447  district that has a local retirement system shall submit to the 
2448  administrator a certified financial statement to the 
2449  administrator showing the condition of the local retirement 
2450  system as of a date within 3 months before prior to the proposed 
2451  effective date of membership in the Florida Retirement System. 
2452  The statement must be certified by a recognized accounting firm 
2453  that is independent of the local retirement system. All required 
2454  documents necessary for extending Florida Retirement System 
2455  coverage must be received by the department for consideration at 
2456  least 15 days before prior to the proposed effective date of 
2457  coverage. If the municipality, metropolitan planning 
2458  organization, or special district does not comply with this 
2459  requirement, the department may change require that the 
2460  effective date of coverage be changed. 
2461         2. Any municipality city, metropolitan planning 
2462  organization, or special district that has an existing 
2463  retirement system covering the employees in the units that are 
2464  to be brought under the Florida Retirement System may 
2465  participate only after holding a referendum in which all 
2466  employees in the affected units have the right to participate. 
2467  Only those employees electing coverage under the Florida 
2468  Retirement system by affirmative vote in the said referendum are 
2469  shall be eligible for coverage under this chapter, and those not 
2470  participating or electing not to be covered by the Florida 
2471  Retirement System shall remain in their existing retirement 
2472  present systems and are shall not be eligible for coverage under 
2473  this chapter. After the referendum is held, all future employees 
2474  are shall be compulsory members of the Florida Retirement 
2475  System. 
2476         3. The governing body of a municipality any city, 
2477  metropolitan planning organization, or special district 
2478  complying with subparagraph 1. may elect to provide, or not 
2479  provide, benefits based on past service of officers and 
2480  employees as described in s. 121.081(1). However, if the such 
2481  employer elects to provide past service benefits, such benefits 
2482  must be provided for all officers and employees of its covered 
2483  group. 
2484         4. Once the this election is made and approved it may not 
2485  be revoked, except pursuant to subparagraphs 5. and 6., and all 
2486  present officers and employees electing coverage under this 
2487  chapter and all future officers and employees are shall be 
2488  compulsory members of the Florida Retirement System. 
2489         5. Subject to the conditions set forth in subparagraph 6., 
2490  the governing body of a any hospital licensed under chapter 395 
2491  which is governed by the board of a special district as defined 
2492  in s. 189.403(1) or by the board of trustees of a public health 
2493  trust created under s. 154.07, hereinafter referred to as 
2494  “hospital district,” and which participates in the system, may 
2495  elect to cease participation in the system with regard to future 
2496  employees in accordance with the following procedure: 
2497         a. No more than 30 days and at least 7 days before adopting 
2498  a resolution to partially withdraw from the Florida Retirement 
2499  System and establish an alternative retirement plan for future 
2500  employees, a public hearing must be held on the proposed 
2501  withdrawal and proposed alternative plan. 
2502         b. From 7 to 15 days before such hearing, notice of intent 
2503  to withdraw, specifying the time and place of the hearing, must 
2504  be provided in writing to employees of the hospital district 
2505  proposing partial withdrawal and must be published in a 
2506  newspaper of general circulation in the area affected, as 
2507  provided by ss. 50.011-50.031. Proof of publication of such 
2508  notice must shall be submitted to the department of Management 
2509  Services. 
2510         c. The governing body of any hospital district seeking to 
2511  partially withdraw from the system must, before such hearing, 
2512  have an actuarial report prepared and certified by an enrolled 
2513  actuary, as defined in s. 112.625(3), illustrating the cost to 
2514  the hospital district of providing, through the retirement plan 
2515  that the hospital district is to adopt, benefits for new 
2516  employees comparable to those provided under the Florida 
2517  Retirement System. 
2518         d. Upon meeting all applicable requirements of this 
2519  subparagraph, and subject to the conditions set forth in 
2520  subparagraph 6., partial withdrawal from the system and adoption 
2521  of the alternative retirement plan may be accomplished by 
2522  resolution duly adopted by the hospital district board. The 
2523  hospital district board must provide written notice of such 
2524  withdrawal to the division by mailing a copy of the resolution 
2525  to the division, postmarked by no later than December 15, 1995. 
2526  The withdrawal shall take effect January 1, 1996. 
2527         6. Following the adoption of a resolution under sub 
2528  subparagraph 5.d., all employees of the withdrawing hospital 
2529  district who were participants in the Florida Retirement System 
2530  before prior to January 1, 1996, shall remain as participants in 
2531  the system for as long as they are employees of the hospital 
2532  district, and all rights, duties, and obligations between the 
2533  hospital district, the system, and the employees shall remain in 
2534  full force and effect. Any employee who is hired or appointed on 
2535  or after January 1, 1996, may not participate in the Florida 
2536  Retirement System, and the withdrawing hospital district has 
2537  shall have no obligation to the system with respect to such 
2538  employees. 
2539         Section 72. Subsection (2) of section 121.0511, Florida 
2540  Statutes, is amended to read: 
2541         121.0511 Revocation of election and alternative plan.—The 
2542  governing body of any municipality or independent special 
2543  district that has elected to participate in the Florida 
2544  Retirement System may revoke its election in accordance with the 
2545  following procedure: 
2546         (2) At least 7 days, but not more than 15 days, before the 
2547  hearing, notice of intent to revoke, specifying the time and 
2548  place of the hearing, must be published in a newspaper of 
2549  general circulation in the area affected, as provided by ss. 
2550  50.011-50.031. Proof of publication of the notice must be 
2551  submitted to the department of Management Services. 
2552         Section 73. Paragraph (b) of subsection (3) of section 
2553  121.0515, Florida Statutes, is amended to read: 
2554         121.0515 Special risk membership.— 
2555         (3) PROCEDURE FOR DESIGNATING.— 
2556         (b)1. Applying the criteria set forth in this section, the 
2557  department of Management Services shall determine specify which 
2558  current and newly created classes of positions under the uniform 
2559  classification plan established pursuant to chapter 110 entitle 
2560  the incumbents of positions in those classes to membership in 
2561  the Special Risk Class. Only employees employed in the classes 
2562  so specified shall be special risk members. 
2563         2. If When a class is determined not to be in the Special 
2564  Risk Class specified by the department as provided in 
2565  subparagraph 1., the employing agency may petition the State 
2566  Retirement Commission for approval in accordance with s. 121.23. 
2567         Section 74. Paragraphs (b) and (h) of subsection (1) and 
2568  paragraph (a) of subsection (6) of section 121.055, Florida 
2569  Statutes, are amended to read: 
2570         121.055 Senior Management Service Class.—There is hereby 
2571  established a separate class of membership within the Florida 
2572  Retirement System to be known as the “Senior Management Service 
2573  Class,” which shall become effective February 1, 1987. 
2574         (1) 
2575         (b)1. Except as provided in subparagraph 2., effective 
2576  January 1, 1990, participation in the Senior Management Service 
2577  Class is shall be compulsory for the president of each community 
2578  college, the manager of each participating city or county, and 
2579  all appointed district school superintendents. Effective January 
2580  1, 1994, additional positions may be included designated for 
2581  inclusion in the Senior Management Service Class. of the Florida 
2582  Retirement System, provided that: 
2583         a. The positions must to be included in the class shall be 
2584  designated by the local agency employer. Notice of intent to 
2585  designate positions for inclusion in the class must shall be 
2586  published once a week for 2 consecutive weeks in a newspaper of 
2587  general circulation published in the county or counties 
2588  affected, as provided in chapter 50. 
2589         b. Up to 10 nonelective full-time positions may be 
2590  designated for each local agency employer reporting to the 
2591  department. of Management Services; For local agencies with 100 
2592  or more regularly established positions, additional nonelective 
2593  full-time positions may be designated, not to exceed 1 percent 
2594  of the regularly established positions within the agency. 
2595         c. Each position added to the class must be a managerial or 
2596  policymaking position filled by an employee who is not subject 
2597  to continuing contract; who and serves at the pleasure of the 
2598  local agency employer without civil service protection;, and 
2599  who: 
2600         (I) heads an organizational unit; or 
2601         (II) has authority responsibility to effect or recommend 
2602  personnel, budget, expenditure, or policy decisions in his or 
2603  her areas of responsibility. 
2604         2. In lieu of participation in the Senior Management 
2605  Service Class, members of the Senior Management Service class 
2606  under pursuant to the provisions of subparagraph 1. may withdraw 
2607  from the Florida Retirement System altogether. The decision to 
2608  withdraw from the Florida Retirement System is shall be 
2609  irrevocable for as long as the employee holds the such a 
2610  position. Any service creditable under the Senior Management 
2611  Service Class shall be retained after the member withdraws from 
2612  the Florida Retirement system; however, additional service 
2613  credit in the Senior Management Service Class may shall not be 
2614  earned after such withdrawal. Such members may shall not be 
2615  eligible to participate in the Senior Management Service 
2616  Optional Annuity Program. 
2617         3. Effective January 1, 2006, through June 30, 2006, an 
2618  employee who has withdrawn from the Florida Retirement System 
2619  under subparagraph 2. has one opportunity to elect to 
2620  participate in either the defined benefit program or the defined 
2621  contribution Public Employee Optional Retirement program of the 
2622  Florida Retirement System. 
2623         a. If the employee elects to participate in the defined 
2624  contribution Public Employee Optional Retirement program, 
2625  membership is shall be prospective, and the applicable 
2626  provisions of s. 121.4501(4) shall govern the election. 
2627         b. If the employee elects to participate in the defined 
2628  benefit program of the Florida Retirement System, the employee 
2629  shall, upon payment to the system trust fund of the amount 
2630  calculated under sub-sub-subparagraph (I), receive service 
2631  credit for prior service based upon the time during which the 
2632  employee had withdrawn from the system. 
2633         (I) The cost for such credit shall be an amount 
2634  representing the actuarial accrued liability for the affected 
2635  period of service. The cost shall be calculated using the 
2636  discount rate and other relevant actuarial assumptions that were 
2637  used to value the Florida Retirement System defined benefit plan 
2638  liabilities in the most recent actuarial valuation. The 
2639  calculation must shall include any service already maintained 
2640  under the defined benefit plan in addition to the period of 
2641  withdrawal. The actuarial accrued liability attributable to any 
2642  service already maintained under the defined benefit plan is 
2643  shall be applied as a credit to the total cost resulting from 
2644  the calculation. The division shall ensure that the transfer sum 
2645  is prepared using a formula and methodology certified by an 
2646  actuary. 
2647         (II) The employee must transfer a sum representing the net 
2648  cost owed for the actuarial accrued liability in sub-sub 
2649  subparagraph (I) immediately following the time of such 
2650  movement, determined assuming that attained service equals the 
2651  sum of service in the defined benefit program and the period of 
2652  withdrawal. 
2653         (h)1. Except as provided in subparagraph 3., effective 
2654  January 1, 1994, participation in the Senior Management Service 
2655  Class is shall be compulsory for the State Courts Administrator 
2656  and the Deputy State Courts Administrators, the Clerk of the 
2657  Supreme Court, the Marshal of the Supreme Court, the Executive 
2658  Director of the Justice Administrative Commission, the capital 
2659  collateral regional counsel, the clerks of the district courts 
2660  of appeals, the marshals of the district courts of appeals, and 
2661  the trial court administrator and the Chief Deputy Court 
2662  Administrator in each judicial circuit. Effective January 1, 
2663  1994, additional positions in the offices of the state attorney 
2664  and public defender in each judicial circuit may be designated 
2665  for inclusion in the Senior Management Service class of the 
2666  Florida Retirement System, provided that: 
2667         a. The positions must to be included in the class shall be 
2668  designated by the state attorney or public defender, as 
2669  appropriate. Notice of intent to designate positions for 
2670  inclusion in the class must shall be published once a week for 2 
2671  consecutive weeks in a newspaper of general circulation 
2672  published in the county or counties affected, as provided in 
2673  chapter 50. 
2674         b. One nonelective full-time position may be designated for 
2675  each state attorney and public defender reporting to the 
2676  department of Management Services; for agencies with 200 or more 
2677  regularly established positions under the state attorney or 
2678  public defender, additional nonelective full-time positions may 
2679  be designated, not to exceed 0.5 percent of the regularly 
2680  established positions within the agency. 
2681         c. Each position added to the class must be a managerial or 
2682  policymaking position filled by an employee who serves at the 
2683  pleasure of the state attorney or public defender without civil 
2684  service protection, and who: 
2685         (I) heads an organizational unit; or 
2686         (II) has authority responsibility to effect or recommend 
2687  personnel, budget, expenditure, or policy decisions in his or 
2688  her areas of responsibility. 
2689         2. Participation in this class is shall be compulsory, 
2690  except as provided in subparagraph 3., for any judicial employee 
2691  who holds a position designated for coverage in the Senior 
2692  Management Service Class, and such participation continues shall 
2693  continue until the employee terminates employment in a covered 
2694  position. Effective January 1, 2001, participation in this class 
2695  is compulsory for assistant state attorneys, assistant statewide 
2696  prosecutors, assistant public defenders, and assistant capital 
2697  collateral regional counsel. Effective January 1, 2002, 
2698  participation in this class is compulsory for assistant 
2699  attorneys general. 
2700         3. In lieu of participation in the Senior Management 
2701  Service Class, such members, excluding assistant state 
2702  attorneys, assistant public defenders, assistant statewide 
2703  prosecutors, assistant attorneys general, and assistant capital 
2704  collateral regional counsel, may participate in the Senior 
2705  Management Service Optional Annuity Program as established in 
2706  subsection (6). 
2707         (6)(a) Senior Management Service Optional Annuity Program. 
2708  The department of Management Services shall establish a Senior 
2709  Management Service Optional Annuity Program under which 
2710  contracts providing retirement, death, and disability benefits 
2711  may be purchased for those employees who elect to participate in 
2712  the optional annuity program. The benefits to be provided for or 
2713  on behalf of participants must in such optional annuity program 
2714  shall be provided through individual contracts or individual 
2715  certificates issued for group annuity contracts, which may be 
2716  fixed, variable, or a combination thereof, in accordance with s. 
2717  401(a) of the Internal Revenue Code. Any such individual 
2718  contract or certificate must shall state the annuity plan on its 
2719  face page, and shall include, but not be limited to, a statement 
2720  of ownership, the contract benefits, annuity income options, 
2721  limitations, expense charges, and surrender charges, if any. The 
2722  employing agency shall contribute, as provided in this section, 
2723  toward the purchase of the such optional benefits which shall be 
2724  fully and immediately vested in the participants. 
2725         Section 75. Section 121.1815, Florida Statutes, is amended 
2726  to read: 
2727         121.1815 Special pensions to individuals; administration of 
2728  laws by Department of Management Services.—All powers, duties, 
2729  and functions related to the administration of laws providing 
2730  special pensions to individuals, including chapter 18054, Laws 
2731  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as 
2732  amended by chapter 57-871, Laws of Florida; chapter 26836, Laws 
2733  of Florida, 1951; and chapter 63-953, Laws of Florida, are 
2734  vested in the department. All laws hereinafter enacted by the 
2735  Legislature pertaining to special pensions for individuals shall 
2736  be administered by the department, unless contrary provisions 
2737  are contained in such law. Upon the death of any person 
2738  receiving a monthly pension under this section, the monthly 
2739  pension shall be paid through the last day of the month of death 
2740  and shall terminate on that date, unless contrary provisions are 
2741  contained in the special pension law. 
2742         Section 76. Section 121.1905, Florida Statutes, is 
2743  repealed. 
2744         Section 77. Section 121.192, Florida Statutes, is amended 
2745  to read: 
2746         121.192 State retirement actuary.—The department may employ 
2747  an actuary. Such actuary shall, Together with such other duties 
2748  as the executive director secretary may assign, the actuary 
2749  shall be responsible for: 
2750         (1) Advising the executive director secretary on actuarial 
2751  matters of the state retirement systems. 
2752         (2) Making periodic valuations of the retirement systems. 
2753         (3) Providing actuarial analyses to the Legislature 
2754  concerning proposed changes in the retirement systems. 
2755         (4) Assisting the executive director secretary in 
2756  developing a sound and modern retirement system. 
2757         Section 78. Subsection (1) of section 121.22, Florida 
2758  Statutes, is amended to read: 
2759         121.22 State Retirement Commission; creation; membership; 
2760  compensation.— 
2761         (1) The There is created within the Department of 
2762  Management Services a State Retirement Commission is created 
2763  within the department, composed of five members: Two members who 
2764  are retired under a state-supported retirement system 
2765  administered by the department; two members who are active 
2766  members of a state-supported retirement system that is 
2767  administered by the department; and one member who is neither a 
2768  retiree, beneficiary, or member of a state-supported retirement 
2769  system administered by the department. Each member shall have a 
2770  different occupational background from the other members. 
2771         Section 79. Subsection (1) of section 121.23, Florida 
2772  Statutes, is amended to read: 
2773         121.23 Disability retirement and special risk membership 
2774  applications; Retirement Commission; powers and duties; judicial 
2775  review.—The provisions of this section apply to all proceedings 
2776  in which the administrator has made a written final decision on 
2777  the merits respecting applications for disability retirement, 
2778  reexamination of retired members receiving disability benefits, 
2779  applications for special risk membership, and reexamination of 
2780  special risk members in the Florida Retirement System. The 
2781  jurisdiction of the State Retirement Commission under this 
2782  section shall be limited to written final decisions of the 
2783  administrator on the merits. 
2784         (1) In accordance with the rules of procedure adopted by 
2785  the department of Management Services, the administrator shall: 
2786         (a) Give reasonable notice of his or her proposed action, 
2787  or decision to refuse action, together with a summary of the 
2788  factual, legal, and policy grounds for the action therefor. 
2789         (b) Give affected members, or their counsel, an opportunity 
2790  to present to the division written evidence in opposition to the 
2791  proposed action or refusal to act or a written statement 
2792  challenging the grounds upon which the administrator has chosen 
2793  to justify his or her action or inaction. 
2794         (c) If the objections of the member are overruled, provide 
2795  a written explanation within 21 days. 
2796         Section 80. Subsections (2), (3), and (4) of section 
2797  121.24, Florida Statutes, are amended to read: 
2798         121.24 Conduct of commission business; legal and other 
2799  assistance; compensation.— 
2800         (2) Legal counsel for the commission may be provided by the 
2801  department or the Department of Legal Affairs or by the 
2802  Department of Management Services, with the concurrence of the 
2803  commission, and shall be paid by the department of Management 
2804  Services from the appropriate funds. 
2805         (3) The department of Management Services shall provide 
2806  timely and appropriate training for newly appointed members of 
2807  the commission. Such training shall be designed to acquaint new 
2808  members of the commission with the duties and responsibilities 
2809  of the commission. 
2810         (4) The department of Management Services shall furnish 
2811  administrative and secretarial assistance to the commission and 
2812  shall provide a place where the commission may hold its 
2813  meetings. 
2814         Section 81. Subsection (1) and paragraphs (c) and (d) of 
2815  subsection (2) of section 121.35, Florida Statutes, are amended 
2816  to read: 
2817         121.35 Optional retirement program for the State University 
2818  System.— 
2819         (1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The department 
2820  of Management Services shall establish an optional retirement 
2821  program under which contracts providing retirement and death 
2822  benefits may be purchased for eligible members of the State 
2823  University System who elect to participate in the program. The 
2824  benefits to be provided for or on behalf of participants in such 
2825  optional retirement program shall be provided through individual 
2826  contracts or individual certificates issued for group annuity or 
2827  other contracts, which may be fixed, variable, or a combination 
2828  thereof, in accordance with s. 403(b) of the Internal Revenue 
2829  Code. An Any individual contract or certificate must shall state 
2830  the annuity plan on its face page, and shall include, but not be 
2831  limited to, a statement of ownership, the contract benefits, 
2832  annuity income options, limitations, expense charges, and 
2833  surrender charges, if any. The state shall contribute, as 
2834  provided in this section, toward the purchase of such optional 
2835  benefits. 
2836         (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.— 
2837         (c) For purposes of this section, the Department of 
2838  Management Services is referred to as the “department.” 
2839         (c)(d) For purposes of this section, the authority granted 
2840  to the Board of Governors of the State University System may be 
2841  exercised by the Board of Governors or by the Chancellor of the 
2842  State University System. 
2843         Section 82. Subsections (3) and (13) of section 121.40, 
2844  Florida Statutes, are amended to read: 
2845         121.40 Cooperative extension personnel at the Institute of 
2846  Food and Agricultural Sciences; supplemental retirement 
2847  benefits.— 
2848         (3) DEFINITIONS.—The definitions provided in s. 121.021 do 
2849  shall not apply to this program unless except when specifically 
2850  cited. For the purposes of this section, the term the following 
2851  words or phrases have the respective meanings set forth: 
2852         (a) “Institute” means the Institute of Food and 
2853  Agricultural Sciences of the University of Florida. 
2854         (b) “Department” means the Department of Management 
2855  Services. 
2856         (b)(c) “Participant” means any employee of the institute 
2857  who is eligible to receive a supplemental benefit under this 
2858  program as provided in subsection (4). 
2859         (c)(d) “Trust fund” means the Florida Retirement System 
2860  Trust Fund. 
2861         (d)(e) “Creditable service” means any service after 
2862  subsequent to December 1, 1970, with the institute as a 
2863  cooperative extension employee holding both state and federal 
2864  appointments, that is credited for retirement purposes by the 
2865  institute toward a federal Civil Service Retirement System 
2866  annuity. 
2867         (13) ADMINISTRATION OF PROGRAM.—The Department of Personnel 
2868  Management: 
2869         (a) The Department Shall adopt make such rules as are 
2870  necessary for the effective and efficient administration of this 
2871  program. The executive director secretary of the department is 
2872  shall be the administrator of the program. The funds to pay the 
2873  expenses for such administration shall be appropriated from the 
2874  interest earned on investments made for the Florida Retirement 
2875  System Trust Fund. 
2876         (b) The Department May require oaths, by affidavit or 
2877  otherwise, and acknowledgments from persons in connection with 
2878  the administration of its duties and responsibilities under this 
2879  section. 
2880         Section 83. Paragraphs (d) through (m) of subsection (2), 
2881  paragraph (b) of subsection (8), paragraph (h) of subsection 
2882  (10), and subsection (19) of section 121.4501, Florida Statutes, 
2883  is amended to read: 
2884         121.4501 Public Employee Optional Retirement Program.— 
2885         (2) DEFINITIONS.—As used in this part, the term: 
2886         (d) “Department” means the Department of Management 
2887  Services. 
2888         (d)(e) “Division” means the Division of Retirement within 
2889  the department of Management Services. 
2890         (e)(f) “Eligible employee” means an officer or employee, as 
2891  defined in s. 121.021, who: 
2892         1. Is a member of, or is eligible for membership in, the 
2893  Florida Retirement System, including any renewed member of the 
2894  Florida Retirement System initially enrolled before July 1, 
2895  2010; or 
2896         2. Participates in, or is eligible to participate in, the 
2897  Senior Management Service Optional Annuity Program as 
2898  established under s. 121.055(6), the State Community College 
2899  System Optional Retirement Program as established under s. 
2900  121.051(2)(c), or the State University System Optional 
2901  Retirement Program established under s. 121.35. 
2902 
2903  The term does not include any member participating in the 
2904  Deferred Retirement Option Program established under s. 
2905  121.091(13), a retiree of a state-administered retirement system 
2906  initially reemployed on or after July 1, 2010, or a mandatory 
2907  participant of the State University System Optional Retirement 
2908  Program established under s. 121.35. 
2909         (f)(g) “Employer” means an employer, as defined in s. 
2910  121.021(10), of an eligible employee. 
2911         (g)(h) “Participant” means an eligible employee who is 
2912  enrolled elects to participate in the Public Employee Optional 
2913  Retirement Program and enrolls in such optional program as 
2914  provided in subsection (4) or a terminated Deferred Retirement 
2915  Option Program participant as described in subsection (21). 
2916         (h)(i) “Public Employee Optional Retirement Program,” 
2917  “optional program,” or “optional retirement program” means the 
2918  alternative defined contribution retirement program established 
2919  under this section. 
2920         (i)(j) “Retiree” means a former participant of the Florida 
2921  Retirement System Public Employee optional retirement program 
2922  who has terminated employment and has taken a distribution as 
2923  provided in s. 121.591, except for a mandatory distribution of a 
2924  de minimis account authorized by the state board. 
2925         (k) “State board” or “board” means the State Board of 
2926  Administration. 
2927         (l) “Trustees” means Trustees of the State Board of 
2928  Administration. 
2929         (j)(m) “Vested” or “vesting” means the guarantee that a 
2930  participant is eligible to receive a retirement benefit upon 
2931  completion of the required years of service under the Public 
2932  Employee Optional Retirement Program. 
2933         (8) ADMINISTRATION OF PROGRAM.— 
2934         (b)1. The state board shall select and contract with a one 
2935  third-party administrator to provide administrative services if 
2936  those services cannot be competitively and contractually 
2937  provided by the division of Retirement within the Department of 
2938  Management Services. With the approval of the state board, the 
2939  third-party administrator may subcontract with other 
2940  organizations or individuals to provide components of the 
2941  administrative services. As a cost of administration, the state 
2942  board may compensate any such contractor for its services, in 
2943  accordance with the terms of the contract, as is deemed 
2944  necessary or proper by the board. The third-party administrator 
2945  may not be an approved provider or be affiliated with an 
2946  approved provider. 
2947         2. These administrative services may include, but are not 
2948  limited to, enrollment of eligible employees, collection of 
2949  employer contributions, disbursement of such contributions to 
2950  approved providers in accordance with the allocation directions 
2951  of participants; services relating to consolidated billing; 
2952  individual and collective recordkeeping and accounting; asset 
2953  purchase, control, and safekeeping; and direct disbursement of 
2954  funds to and from the third-party administrator, the division, 
2955  the board, employers, participants, approved providers, and 
2956  beneficiaries. This section does not prevent or prohibit a 
2957  bundled provider from providing any administrative or customer 
2958  service, including accounting and administration of individual 
2959  participant benefits and contributions; individual participant 
2960  recordkeeping; asset purchase, control, and safekeeping; direct 
2961  execution of the participant’s instructions as to asset and 
2962  contribution allocation; calculation of daily net asset values; 
2963  direct access to participant account information; or periodic 
2964  reporting to participants, at least quarterly, on account 
2965  balances and transactions, if these services are authorized by 
2966  the board as part of the contract. 
2967         3. The state board shall select and contract with one or 
2968  more organizations to provide educational services. With 
2969  approval of the state board, the organizations may subcontract 
2970  with other organizations or individuals to provide components of 
2971  the educational services. As a cost of administration, the state 
2972  board may compensate any such contractor for its services in 
2973  accordance with the terms of the contract, as is deemed 
2974  necessary or proper by the board. The education organization may 
2975  not be an approved provider or be affiliated with an approved 
2976  provider. 
2977         4. Educational services shall be designed by the state 
2978  board and department to assist employers, eligible employees, 
2979  participants, and beneficiaries in order to maintain compliance 
2980  with United States Department of Labor regulations under s. 
2981  404(c) of the Employee Retirement Income Security Act of 1974 
2982  and to assist employees in their choice of a defined benefit or 
2983  defined contribution retirement program alternatives. 
2984  Educational services include, but are not limited to, 
2985  disseminating educational materials; providing retirement 
2986  planning education; explaining the differences between the 
2987  defined benefit retirement plan and the defined contribution 
2988  retirement programs plan; and offering financial planning 
2989  guidance on matters such as investment diversification, 
2990  investment risks, investment costs, and asset allocation. An 
2991  approved provider may also provide educational information, 
2992  including retirement planning and investment allocation 
2993  information concerning its products and services. 
2994         (10) EDUCATION COMPONENT.— 
2995         (h) Pursuant to paragraph (8)(a), all Florida Retirement 
2996  System employers have an obligation to regularly communicate the 
2997  existence of the two Florida Retirement System plans and the 
2998  plan choice in the natural course of administering their 
2999  personnel functions, using the educational materials supplied by 
3000  the state board and the department of Management Services. 
3001         (19) PARTICIPANT RECORDS.—Personal identifying information 
3002  of a participant in the Public Employee Optional Retirement 
3003  Program contained in Florida Retirement System records held by 
3004  the State Board of Administration or the department of 
3005  Management Services is exempt from s. 119.07(1) and s. 24(a), 
3006  Art. I of the State Constitution. 
3007         Section 84. Section 121.4503, Florida Statutes, is amended 
3008  to read: 
3009         121.4503 Florida Retirement System Contributions Clearing 
3010  Trust Fund.— 
3011         (1) The Florida Retirement System Contributions Clearing 
3012  Trust Fund is created as a clearing fund for disbursing employer 
3013  contributions to the component plans of the Florida Retirement 
3014  System and shall be administered by the department of Management 
3015  Services. Funds shall be credited to the trust fund as provided 
3016  in this chapter and shall be held in trust for the contributing 
3017  employers until such time as the assets are transferred by the 
3018  department to the Florida Retirement System Trust Fund, the 
3019  Public Employee Optional Retirement Program Trust Fund, or other 
3020  trust funds as authorized by law, to be used for the purposes of 
3021  this chapter. The trust fund is exempt from the service charges 
3022  imposed by s. 215.20. 
3023         (2) The Florida Retirement System Contributions Clearing 
3024  Trust Fund is a clearing trust fund of the department of 
3025  Management Services pursuant to s. 19(f), Art. III of the State 
3026  Constitution, and is not subject to termination. 
3027         (3) The department of Management Services may adopt rules 
3028  governing the receipt and disbursement of amounts received by 
3029  the Florida Retirement System Contributions Clearing Trust Fund 
3030  from employers contributing to the component plans of the 
3031  Florida Retirement System. 
3032         Section 85. Section 121.591, Florida Statutes, is amended 
3033  to read: 
3034         121.591 Payment of benefits payable under the Public 
3035  Employee Optional Retirement Program of the Florida Retirement 
3036  System.—Benefits may not be paid under this section unless the 
3037  member has terminated employment as provided in s. 
3038  121.021(39)(a) or is deceased and a proper application has been 
3039  filed as in the manner prescribed by the state board or the 
3040  department. The state board or department, as appropriate, may 
3041  cancel an application for retirement benefits if when the member 
3042  or beneficiary fails to timely provide the information and 
3043  documents required by this chapter and the rules of the state 
3044  board and department. In accordance with their respective 
3045  responsibilities as provided herein, the state board of 
3046  Administration and the department of Management Services shall 
3047  adopt rules establishing procedures for application for 
3048  retirement benefits and for the cancellation of such application 
3049  if when the required information or documents are not received. 
3050  The state board of Administration and the department of 
3051  Management Services, as appropriate, are authorized to cash out 
3052  a de minimis account of a participant who has been terminated 
3053  from Florida Retirement System covered employment for a minimum 
3054  of 6 calendar months. A de minimis account is an account 
3055  containing employer contributions and accumulated earnings of 
3056  not more than $5,000 made under the provisions of this chapter. 
3057  Such cash-out must either be a complete lump-sum liquidation of 
3058  the account balance, subject to the provisions of the Internal 
3059  Revenue Code, or a lump-sum direct rollover distribution paid 
3060  directly to the custodian of an eligible retirement plan, as 
3061  defined by the Internal Revenue Code, on behalf of the 
3062  participant. If any financial instrument issued for the payment 
3063  of retirement benefits under this section is not presented for 
3064  payment within 180 days after the last day of the month in which 
3065  it was originally issued, the third-party administrator or other 
3066  duly authorized agent of the state board of Administration shall 
3067  cancel the instrument and credit the amount of the instrument to 
3068  the suspense account of the Public Employee Optional Retirement 
3069  Program Trust Fund authorized under s. 121.4501(6). Any such 
3070  amounts transferred to the suspense account are payable upon a 
3071  proper application, not to include earnings thereon, as provided 
3072  in this section, within 10 years after the last day of the month 
3073  in which the instrument was originally issued, after which time 
3074  such amounts and any earnings are thereon shall be forfeited. 
3075  Any such forfeited amounts are assets of the Public Employee 
3076  Optional Retirement Program Trust Fund and are not subject to 
3077  the provisions of chapter 717. 
3078         (1) NORMAL BENEFITS.—Under the Public Employee Optional 
3079  Retirement Program: 
3080         (a) Benefits in the form of vested accumulations as 
3081  described in s. 121.4501(6) are payable under this subsection in 
3082  accordance with the following terms and conditions: 
3083         1. To the extent vested, Benefits are payable only to a 
3084  participant. 
3085         2. Benefits shall be paid by the third-party administrator 
3086  or designated approved providers in accordance with the law, the 
3087  contracts, and any applicable state board rule or policy. 
3088         3. To receive benefits, The participant must be terminated 
3089  from all employment with all Florida Retirement System 
3090  employers, as provided in s. 121.021(39). 
3091         4. Benefit payments may not be made until the participant 
3092  has been terminated for 3 calendar months, except that the state 
3093  board may authorize by rule for the distribution of up to 10 
3094  percent of the participant’s account after being terminated for 
3095  1 calendar month if the participant has reached the normal 
3096  retirement date as defined in s. 121.021 of the defined benefit 
3097  plan. 
3098         5. If a member or former member of the Florida Retirement 
3099  System receives an invalid distribution from the Public Employee 
3100  Optional Retirement Program Trust Fund, such person must repay 
3101  the full amount invalid distribution to the trust fund within 90 
3102  days after receipt of final notification by the state board or 
3103  the third-party administrator that the distribution was invalid. 
3104  If such person fails to repay the full invalid distribution 
3105  within 90 days after receipt of final notification, the person 
3106  may be deemed retired from the optional retirement program by 
3107  the state board, as provided pursuant to s. 121.4501(2)(j), and 
3108  is subject to s. 121.122. If such person is deemed retired by 
3109  the state board, any joint and several liability set out in s. 
3110  121.091(9)(d)2. is becomes null and void, and the state board, 
3111  the department, or the employing agency is not liable for gains 
3112  on payroll contributions that have not been deposited to the 
3113  person’s account in the retirement program, pending resolution 
3114  of the invalid distribution. The member or former member who has 
3115  been deemed retired or who has been determined by the board to 
3116  have taken an invalid distribution may appeal the agency 
3117  decision through the complaint process as provided under s. 
3118  121.4501(9)(g)3. As used in this subparagraph, the term “invalid 
3119  distribution” means any distribution from an account in the 
3120  optional retirement program which is taken in violation of this 
3121  section, s. 121.091(9), or s. 121.4501. 
3122         (b) If a participant elects to receive his or her benefits 
3123  upon termination of employment as defined in s. 121.021, the 
3124  participant must submit a written application or an equivalent 
3125  form to the third-party administrator indicating his or her 
3126  preferred distribution date and selecting an authorized method 
3127  of distribution as provided in paragraph (c). The participant 
3128  may defer receipt of benefits until he or she chooses to make 
3129  such application, subject to federal requirements. 
3130         (c) Upon receipt by the third-party administrator of a 
3131  properly executed application for distribution of benefits, the 
3132  total accumulated benefit is shall be payable to the 
3133  participant, as: 
3134         1. A lump-sum distribution to the participant; 
3135         2. A lump-sum direct rollover distribution whereby all 
3136  accrued benefits, plus interest and investment earnings, are 
3137  paid from the participant’s account directly to the custodian of 
3138  an eligible retirement plan, as defined in s. 402(c)(8)(B) of 
3139  the Internal Revenue Code, on behalf of the participant; or 
3140         3. Periodic distributions, as authorized by the state 
3141  board. 
3142         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under 
3143  this subsection are payable in lieu of the benefits that which 
3144  would otherwise be payable under the provisions of subsection 
3145  (1). Such benefits must shall be funded entirely from employer 
3146  contributions made under s. 121.571, transferred participant 
3147  funds accumulated pursuant to paragraph (a), and interest and 
3148  earnings thereon. Pursuant thereto: 
3149         (a) Transfer of funds.—To qualify for to receive monthly 
3150  disability benefits under this subsection: 
3151         1. All moneys accumulated in the participant’s Public 
3152  Employee Optional Retirement Program accounts, including vested 
3153  and nonvested accumulations as described in s. 121.4501(6), must 
3154  shall be transferred from such individual accounts to the 
3155  division of Retirement for deposit in the disability account of 
3156  the Florida Retirement System Trust Fund. Such moneys must shall 
3157  be separately accounted for separately. Earnings must shall be 
3158  credited on an annual basis for amounts held in the disability 
3159  accounts of the Florida Retirement System Trust Fund based on 
3160  actual earnings of the Florida Retirement System trust fund. 
3161         2. If the participant has retained retirement credit he or 
3162  she had earned under the defined benefit program of the Florida 
3163  Retirement System as provided in s. 121.4501(3)(b), a sum 
3164  representing the actuarial present value of such credit within 
3165  the Florida Retirement System Trust Fund shall be reassigned by 
3166  the division of Retirement from the defined benefit program to 
3167  the disability program as implemented under this subsection and 
3168  shall be deposited in the disability account of the Florida 
3169  Retirement System Trust Fund. Such moneys must shall be 
3170  separately accounted for separately. 
3171         (b) Disability retirement; entitlement.— 
3172         1. A participant of the Public Employee Optional Retirement 
3173  Program who becomes totally and permanently disabled, as defined 
3174  in paragraph (d) s. 121.091(4)(b), after completing 8 years of 
3175  creditable service, or a participant who becomes totally and 
3176  permanently disabled in the line of duty regardless of his or 
3177  her length of service, is shall be entitled to a monthly 
3178  disability benefit as provided herein. 
3179         2. In order for service to apply toward the 8 years of 
3180  creditable service required to vest for regular disability 
3181  benefits, or toward the creditable service used in calculating a 
3182  service-based benefit as provided for under paragraph (g), the 
3183  service must be creditable service as described below: 
3184         a. The participant’s period of service under the Public 
3185  Employee Optional Retirement Program is will be considered 
3186  creditable service, except as provided in subparagraph d. 
3187         b. If the participant has elected to retain credit for his 
3188  or her service under the defined benefit program of the Florida 
3189  Retirement System as provided under s. 121.4501(3)(b), all such 
3190  service is will be considered creditable service. 
3191         c. If the participant elects has elected to transfer to his 
3192  or her participant accounts a sum representing the present value 
3193  of his or her retirement credit under the defined benefit 
3194  program as provided under s. 121.4501(3)(c), the period of 
3195  service under the defined benefit program represented in the 
3196  present value amounts transferred is will be considered 
3197  creditable service for purposes of vesting for disability 
3198  benefits, except as provided in subparagraph d. 
3199         d. Whenever a participant has terminated employment and has 
3200  taken distribution of his or her funds as provided in subsection 
3201  (1), all creditable service represented by such distributed 
3202  funds is forfeited for purposes of this subsection. 
3203         (c) Disability retirement effective date.—The effective 
3204  retirement date for a participant who applies and is approved 
3205  for disability retirement shall be established as provided under 
3206  s. 121.091(4)(a)2. and 3. 
3207         (d) Total and permanent disability.—A participant shall be 
3208  considered totally and permanently disabled if, in the opinion 
3209  of the division, he or she is prevented, by reason of a 
3210  medically determinable physical or mental impairment, from 
3211  rendering useful and efficient service as an officer or 
3212  employee. 
3213         (e) Proof of disability.—The division, Before approving 
3214  payment of any disability retirement benefit, the division shall 
3215  require proof that the participant is totally and permanently 
3216  disabled in the same manner as provided for members of the 
3217  defined benefit program of the Florida Retirement System under 
3218  s. 121.091(4)(c). 
3219         (f) Disability retirement benefit.—Upon the disability 
3220  retirement of a participant under this subsection, the 
3221  participant shall receive a monthly benefit that begins accruing 
3222  shall begin to accrue on the first day of the month of 
3223  disability retirement, as approved by the division, and is shall 
3224  be payable on the last day of that month and each month 
3225  thereafter during his or her lifetime and continued disability. 
3226  All disability benefits must payable to such member shall be 
3227  paid out of the disability account of the Florida Retirement 
3228  System Trust Fund established under this subsection. 
3229         (g) Computation of disability retirement benefit.—The 
3230  amount of each monthly payment must shall be calculated in the 
3231  same manner as provided for members of the defined benefit 
3232  program of the Florida Retirement System under s. 121.091(4)(f). 
3233  For such purpose, Creditable service under both the defined 
3234  benefit program and the Public Employee Optional Retirement 
3235  Program of the Florida Retirement System shall be applicable as 
3236  provided under paragraph (b). 
3237         (h) Reapplication.—A participant whose initial application 
3238  for disability retirement is has been denied may reapply for 
3239  disability benefits in the same manner, and under the same 
3240  conditions, as provided for members of the defined benefit 
3241  program of the Florida Retirement System under s. 121.091(4)(g). 
3242         (i) Membership.—Upon approval of a participant’s an 
3243  application for disability benefits under this subsection, the 
3244  applicant shall be transferred to the defined benefit program of 
3245  the Florida Retirement System, effective upon his or her 
3246  disability retirement effective date. 
3247         (j) Option to cancel.—A Any participant whose application 
3248  for disability benefits is approved may cancel the his or her 
3249  application if for disability benefits, provided that the 
3250  cancellation request is received by the division before a 
3251  disability retirement warrant has been deposited, cashed, or 
3252  received by direct deposit. Upon such cancellation: 
3253         1. The participant’s transfer to the defined benefit 
3254  program under paragraph (i) shall be nullified; 
3255         2. The participant shall be retroactively reinstated in the 
3256  Public Employee Optional Retirement Program without hiatus; 
3257         3. All funds transferred to the Florida Retirement System 
3258  Trust Fund under paragraph (a) must shall be returned to the 
3259  participant accounts from which the such funds were drawn; and 
3260         4. The participant may elect to receive the benefit payable 
3261  under the provisions of subsection (1) in lieu of disability 
3262  benefits as provided under this subsection. 
3263         (k) Recovery from disability.— 
3264         1. The division may require periodic reexaminations at the 
3265  expense of the disability program account of the Florida 
3266  Retirement System Trust Fund. Except as otherwise provided in 
3267  subparagraph 2., the requirements, procedures, and restrictions 
3268  relating to the conduct and review of such reexaminations, 
3269  discontinuation or termination of benefits, reentry into 
3270  employment, disability retirement after reentry into covered 
3271  employment, and all other matters relating to recovery from 
3272  disability shall be the same as are set forth under s. 
3273  121.091(4)(h). 
3274         2. Upon recovery from disability, the any recipient of 
3275  disability retirement benefits under this subsection shall be 
3276  transferred back and be a compulsory member of the Public 
3277  Employee Optional Retirement Program of the Florida Retirement 
3278  System. The net difference between the recipient’s original 
3279  account balance transferred to the Florida Retirement System 
3280  Trust Fund, including earnings, under paragraph (a) and total 
3281  disability benefits paid to such recipient, if any, shall be 
3282  determined as provided in sub-subparagraph a. 
3283         a. An amount equal to the total benefits paid shall be 
3284  subtracted from that portion of the transferred account balance 
3285  consisting of vested accumulations as described under s. 
3286  121.4501(6), if any, and an amount equal to the remainder of 
3287  benefit amounts paid, if any, shall then be subtracted from any 
3288  remaining portion consisting of nonvested accumulations as 
3289  described under s. 121.4501(6). 
3290         b. Amounts subtracted under sub-subparagraph a. must shall 
3291  be retained within the disability account of the Florida 
3292  Retirement System Trust Fund. Any remaining account balance 
3293  shall be transferred to the third-party administrator for 
3294  disposition as provided under sub-subparagraph c. or sub 
3295  subparagraph d., as appropriate. 
3296         c. If the recipient returns to covered employment, 
3297  transferred amounts must shall be deposited in individual 
3298  accounts under the Public Employee Optional Retirement Program, 
3299  as directed by the participant. Vested and nonvested amounts 
3300  shall be separately accounted for as provided in s. 121.4501(6). 
3301         d. If the recipient fails to return to covered employment 
3302  upon recovery from disability: 
3303         (I) Any remaining vested amount must shall be deposited in 
3304  individual accounts under the Public Employee Optional 
3305  Retirement Program, as directed by the participant, and shall be 
3306  payable as provided in subsection (1). 
3307         (II) Any remaining nonvested amount must shall be held in a 
3308  suspense account and is shall be forfeitable after 5 years as 
3309  provided in s. 121.4501(6). 
3310         3. If present value was reassigned from the defined benefit 
3311  program to the disability program of the Florida Retirement 
3312  System as provided under subparagraph (a)2., the full present 
3313  value amount must shall be returned to the defined benefit 
3314  account within the Florida Retirement System Trust Fund and the 
3315  recipient’s affected individual’s associated retirement credit 
3316  under the defined benefit program must shall be reinstated in 
3317  full. Any benefit based upon such credit shall be calculated as 
3318  provided in s. 121.091(4)(h)1. 
3319         (l) Nonadmissible causes of disability.—A participant shall 
3320  not be entitled to receive a disability retirement benefit if 
3321  the disability results from any injury or disease sustained or 
3322  inflicted as described in s. 121.091(4)(i). 
3323         (m) Disability retirement of justice or judge by order of 
3324  Supreme Court.— 
3325         1. If a participant is a justice of the Supreme Court, 
3326  judge of a district court of appeal, circuit judge, or judge of 
3327  a county court who has served for 6 years or more as an elected 
3328  constitutional judicial officer, including service as a judicial 
3329  officer in any court abolished pursuant to Art. V of the State 
3330  Constitution, and who is retired for disability by order of the 
3331  Supreme Court upon recommendation of the Judicial Qualifications 
3332  Commission pursuant to s. 12, the provisions of Art. V of the 
3333  State Constitution, the participant’s Option 1 monthly 
3334  disability benefit amount as provided in s. 121.091(6)(a)1. 
3335  shall be two-thirds of his or her monthly compensation as of the 
3336  participant’s disability retirement date. The Such a participant 
3337  may alternatively elect to receive an actuarially adjusted 
3338  disability retirement benefit under any other option as provided 
3339  in s. 121.091(6)(a), or to receive the normal benefit payable 
3340  under the Public Employee Optional Retirement Program as set 
3341  forth in subsection (1). 
3342         2. If any justice or judge who is a participant of the 
3343  Public Employee Optional Retirement Program of the Florida 
3344  Retirement System is retired for disability by order of the 
3345  Supreme Court upon recommendation of the Judicial Qualifications 
3346  Commission pursuant to s. 12, the provisions of Art. V of the 
3347  State Constitution and elects to receive a monthly disability 
3348  benefit under the provisions of this paragraph: 
3349         a. Any present value amount that was transferred to his or 
3350  her program account and all employer contributions made to such 
3351  account on his or her behalf, plus interest and earnings 
3352  thereon, must shall be transferred to and deposited in the 
3353  disability account of the Florida Retirement System Trust Fund; 
3354  and 
3355         b. The monthly benefits payable under this paragraph for 
3356  any affected justice or judge retired from the Florida 
3357  Retirement System pursuant to Art. V of the State Constitution 
3358  shall be paid from the disability account of the Florida 
3359  Retirement System Trust Fund. 
3360         (n) Death of retiree or beneficiary.—Upon the death of a 
3361  disabled retiree or beneficiary of the retiree thereof who is 
3362  receiving monthly disability benefits under this subsection, the 
3363  monthly benefits shall be paid through the last day of the month 
3364  of death and shall terminate, or be adjusted, if applicable, as 
3365  of that date in accordance with the optional form of benefit 
3366  selected at the time of retirement. The department of Management 
3367  Services may adopt rules necessary to administer this paragraph. 
3368         (3) DEATH BENEFITS.—Under the Public Employee Optional 
3369  Retirement Program: 
3370         (a) Survivor benefits are shall be payable in accordance 
3371  with the following terms and conditions: 
3372         1. To the extent vested, Benefits shall be payable only to 
3373  a participant’s beneficiary or beneficiaries as designated by 
3374  the participant as provided in s. 121.4501(20). 
3375         2. Benefits must shall be paid by the third-party 
3376  administrator or designated approved providers in accordance 
3377  with the law, the contracts, and any applicable board rule or 
3378  policy. 
3379         3. To receive benefits under this subsection, The 
3380  participant must be deceased. 
3381         (b) In the event of a participant’s death, all vested 
3382  accumulations as described in s. 121.4501(6), less withholding 
3383  taxes remitted to the Internal Revenue Service, shall be 
3384  distributed, as provided in paragraph (c) or as described in s. 
3385  121.4501(20), as if the participant retired on the date of 
3386  death. No other death benefits are shall be available for 
3387  survivors of participants under the Public Employee Optional 
3388  Retirement Program, except for such benefits, or coverage for 
3389  such benefits, as are otherwise provided by law or are 
3390  separately provided afforded by the employer, at the employer’s 
3391  discretion. 
3392         (c) Upon receipt by the third-party administrator of a 
3393  properly executed application for distribution of benefits, the 
3394  total accumulated benefit is shall be payable by the third-party 
3395  administrator to the participant’s surviving beneficiary or 
3396  beneficiaries, as: 
3397         1. A lump-sum distribution payable to the beneficiary or 
3398  beneficiaries, or to the deceased participant’s estate; 
3399         2. An eligible rollover distribution on behalf of the 
3400  surviving spouse of a deceased participant, whereby all accrued 
3401  benefits, plus interest and investment earnings, are paid from 
3402  the deceased participant’s account directly to the custodian of 
3403  an eligible retirement plan, as described in s. 402(c)(8)(B) of 
3404  the Internal Revenue Code, on behalf of the surviving spouse; or 
3405         3. A partial lump-sum payment whereby a portion of the 
3406  accrued benefit is paid to the deceased participant’s surviving 
3407  spouse or other designated beneficiaries, less withholding taxes 
3408  remitted to the Internal Revenue Service, and the remaining 
3409  amount is transferred directly to the custodian of an eligible 
3410  retirement plan, as described in s. 402(c)(8)(B) of the Internal 
3411  Revenue Code, on behalf of the surviving spouse. The proportions 
3412  must be specified by the participant or the surviving 
3413  beneficiary. 
3414 
3415  This paragraph does not abrogate other applicable provisions of 
3416  state or federal law providing for payment of death benefits. 
3417         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to 
3418  any person under the Public Employee Optional Retirement 
3419  Program, and any contributions accumulated under such program, 
3420  are not subject to assignment, execution, attachment, or any 
3421  legal process, except for qualified domestic relations orders by 
3422  a court of competent jurisdiction, income deduction orders as 
3423  provided in s. 61.1301, and federal income tax levies. 
3424         Section 86. Section 121.5911, Florida Statutes, is amended 
3425  to read: 
3426         121.5911 Disability retirement program; qualified status; 
3427  rulemaking authority.—It is the intent of the Legislature that 
3428  the disability retirement program for participants of the Public 
3429  Employee Optional Retirement Program as created in this act must 
3430  meet all applicable requirements of federal law for a qualified 
3431  plan. The department of Management Services shall seek a private 
3432  letter ruling from the Internal Revenue Service on the 
3433  disability retirement program for participants of the Public 
3434  Employee Optional Retirement Program. Consistent with the 
3435  private letter ruling, the department of Management Services 
3436  shall adopt any necessary rules necessary required to maintain 
3437  the qualified status of the disability retirement program and 
3438  the Florida Retirement System defined benefit program plan. 
3439         Section 87. Paragraph (b) of subsection (3) of section 
3440  121.78, Florida Statutes, is amended to read: 
3441         121.78 Payment and distribution of contributions.— 
3442         (3) 
3443         (b) If contributions made by an employer on behalf of 
3444  participants of the optional retirement program or accompanying 
3445  payroll data are not received within the calendar month they are 
3446  due, including, but not limited to, contribution adjustments as 
3447  a result of employer errors or corrections, and if that 
3448  delinquency results in market losses to participants, the 
3449  employer shall reimburse each participant’s account for market 
3450  losses resulting from the late contributions. If a participant 
3451  has terminated employment and taken a distribution, the 
3452  participant is responsible for returning any excess 
3453  contributions erroneously provided by employers, adjusted for 
3454  any investment gain or loss incurred during the period such 
3455  excess contributions were in the participant’s Public Employee 
3456  Optional Retirement Program account. The state board of 
3457  Administration or its designated agent shall communicate to 
3458  terminated participants any obligation to repay such excess 
3459  contribution amounts. However, the state board of 
3460  Administration, its designated agents, the Public Employee 
3461  Optional Retirement Program Trust Fund, the department of 
3462  Management Services, or the Florida Retirement System Trust Fund 
3463  may shall not incur any loss or gain as a result of an 
3464  employer’s correction of such excess contributions. The third 
3465  party administrator, hired by the state board pursuant to s. 
3466  121.4501(8), shall calculate the market losses for each affected 
3467  participant. If When contributions made on behalf of 
3468  participants of the optional retirement program or accompanying 
3469  payroll data are not received within the calendar month due, the 
3470  employer shall also pay the cost of the third-party 
3471  administrator’s calculation and reconciliation adjustments 
3472  resulting from the late contributions. The third-party 
3473  administrator shall notify the employer of the results of the 
3474  calculations and the total amount due from the employer for such 
3475  losses and the costs of calculation and reconciliation. The 
3476  employer shall remit to the division the amount due within 10 
3477  working days after the date of the penalty notice sent by the 
3478  division. The Division of Retirement shall transfer said amount 
3479  to the third-party administrator, which who shall deposit 
3480  proceeds from the 1-percent assessment and from individual 
3481  market losses into participant accounts, as appropriate. The 
3482  state board may is authorized to adopt rules to administer 
3483  implement the provisions regarding late contributions, late 
3484  submission of payroll data, the process for reimbursing 
3485  participant accounts for resultant market losses, and the 
3486  penalties charged to the employers. 
3487         Section 88. Subsection (6) of section 122.02, Florida 
3488  Statutes, is amended to read: 
3489         122.02 Definitions.—The following words and phrases as used 
3490  in this chapter shall have the following meaning unless a 
3491  different meaning is plainly required by the context: 
3492         (6) “Department” means the Department of Personnel 
3493  Management Services. 
3494         Section 89. Section 122.09, Florida Statutes, is amended to 
3495  read: 
3496         122.09 Disability retirement; medical examinations.—An 
3497  Whenever any officer or employee of the state or a county who 
3498  has 10 years of the state has service credit as such officer or 
3499  employee for 10 years within the contemplation of this law, the 
3500  last 5 years of which, except for a single break not to exceed 1 
3501  year, is must be continuous, unbroken service and who is 
3502  regularly contributing to the State and County Officers and 
3503  Employees’ Retirement Trust Fund and who, shall while holding 
3504  such office or employment, becomes become permanently and 
3505  totally disabled, physically or mentally, or both, from 
3506  rendering useful and efficient service as an such officer or 
3507  employee, such officer or employee may retire from his or her 
3508  office or employment, and upon such retirement the officer or 
3509  employee shall be paid, so long as the permanent and total 
3510  disability continues, on his or her own monthly requisition, 
3511  from the State and County Officers and Employees’ Retirement 
3512  Trust Fund hereinafter established, retirement compensation as 
3513  provided in s. 122.08; provided that no officer or employee 
3514  retiring under this section shall receive less than 50 percent 
3515  of his or her average final compensation not to exceed $75. The 
3516  No officer or employee may not of the state and county of the 
3517  state shall be permitted to retire under the provisions of this 
3518  section until examined by a duly qualified physician or surgeon 
3519  or board of physicians and surgeons, to be selected by the 
3520  Governor for that purpose, and found to be disabled in the 
3521  degree and in the manner specified in this section. An Any 
3522  officer or employee retiring under this section must shall be 
3523  reexamined examined periodically by a duly qualified physician 
3524  or surgeon or board of physicians and surgeons to be selected by 
3525  the Governor for that purpose and paid from the retirement trust 
3526  fund herein provided for, at such time as the department directs 
3527  of Management Services shall direct to determine if such total 
3528  disability has continued. If the and in the event it be 
3529  disclosed by said examination that said total disability has 
3530  ceased to exist, the then such officer or employee shall 
3531  forthwith cease to be paid benefits paid under this section must 
3532  cease. Benefits shall be computed in accordance with Reference 
3533  to s. 122.08 is for the purpose of computing benefits only. Any 
3534  person heretofore retired under this section qualifies shall be 
3535  eligible to qualify for the minimum benefits provided herein; 
3536  however, minimum benefits may shall not be paid retroactively. 
3537         Section 90. Section 122.23, Florida Statutes, is amended to 
3538  read: 
3539         122.23 Definitions; ss. 122.21-122.321.—In addition to 
3540  those definitions set forth in s. 122.02 the following words and 
3541  phrases used in ss. 122.21-122.24, 122.26 to 122.321, inclusive, 
3542  have the respective meanings set forth: 
3543         (1) “System” means the general retirement system provided 
3544  by this chapter, with its two divisions. 
3545         (2) “Social security coverage” means old age and survivors 
3546  insurance as provided by the federal Social Security Act. 
3547         (3) “Department” means the Department of Management 
3548  Services. 
3549         (3)(4) “Agreement” means the modification of the that 
3550  certain agreement entered into October 23, 1951, between the 
3551  State of Florida and the Secretary of Health, Education and 
3552  Welfare, pursuant to s. 650.03, which makes available to members 
3553  of division B of this system the provisions of said agreement. 
3554         (4)(5) “State agency” means the department of Management 
3555  Services within the provisions and contemplation of chapter 650. 
3556         Section 91. Subsection (11) of section 122.34, Florida 
3557  Statutes, is amended to read: 
3558         122.34 Special provisions for certain sheriffs and full 
3559  time deputy sheriffs.— 
3560         (11) A No high hazard member may not shall be permitted to 
3561  receive benefits under this section until examined by a duly 
3562  qualified physician or surgeon, or board of physicians and 
3563  surgeons, to be selected by the Governor for that purpose, and 
3564  found to be disabled in the degree and in the manner specified 
3565  in this section. At such time As directed by the department of 
3566  Management Services directs, a any high hazard member receiving 
3567  disability benefits under this section must shall submit to a 
3568  medical examination to determine if such disability has 
3569  continued., and The cost of such examination shall be paid from 
3570  the retirement trust fund herein provided for; and if the in the 
3571  event it is declared by said examination that said disability 
3572  has cleared, the such member shall be ordered to return to 
3573  active duty with the same rank and salary that he or she had at 
3574  the time of disability. Any such member who fails shall fail to 
3575  return to duty forfeits following such order shall forfeit all 
3576  rights and claims under this section law. A Every high hazard 
3577  member retiring under this provision shall be paid so long as 
3578  the member’s permanent total or partial disability continues, on 
3579  his or her own requisition. 
3580         Section 92. Paragraph (a) of subsection (1) and subsection 
3581  (2) of section 145.19, Florida Statutes, are amended to read: 
3582         145.19 Annual percentage increases based on increase for 
3583  state career service employees; limitation.— 
3584         (1) As used in this section, the term: 
3585         (a) “Annual factor” means 1 plus the lesser of: 
3586         1. The average percentage increase in the salaries of state 
3587  career service employees for the current fiscal year as 
3588  determined by the Department of Personnel Management Services or 
3589  as provided in the General Appropriations Act; or 
3590         2. Seven percent. 
3591         (2) Each fiscal year, the salaries of all officials listed 
3592  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. 
3593  The adjusted salary rate is shall be the product, rounded to the 
3594  nearest dollar, of the salary rate granted by the appropriate 
3595  section of this chapter, s. 1001.395, or s. 1001.47 multiplied 
3596  first by the initial factor, then by the cumulative annual 
3597  factor, and finally by the annual factor. The Department of 
3598  Personnel Management Services shall certify the annual factor 
3599  and the cumulative annual factors. Any special qualification 
3600  salary received under this chapter, s. 1001.47, or the annual 
3601  performance salary incentive available to elected 
3602  superintendents under s. 1001.47 shall be added to such adjusted 
3603  salary rate. The special qualification salary is shall be 
3604  $2,000, but shall not exceed $2,000. 
3605         Section 93. Subsection (2) of section 154.04, Florida 
3606  Statutes, is amended to read: 
3607         154.04 Personnel of county health departments; duties; 
3608  compensation.— 
3609         (2) The personnel of the county health department shall be 
3610  employed by the Department of Health. The compensation of such 
3611  personnel shall be determined in accordance with under the rules 
3612  of the Department of Personnel Management Services. Such 
3613  employees shall engage in the prevention of disease and the 
3614  promotion of health under the supervision of the Department of 
3615  Health. 
3616         Section 94. Paragraph (b) of subsection (9) and paragraph 
3617  (a) of subsection (10) of section 163.3184, Florida Statutes, 
3618  are amended to read: 
3619         163.3184 Process for adoption of comprehensive plan or plan 
3620  amendment.— 
3621         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.— 
3622         (b) The hearing shall be conducted by an administrative law 
3623  judge of the Division of Administrative Hearings of the 
3624  Department of Management Services, who shall hold the hearing in 
3625  the county of and convenient to the affected local jurisdiction 
3626  and submit a recommended order to the state land planning 
3627  agency. The state land planning agency shall allow for the 
3628  filing of exceptions to the recommended order and shall issue a 
3629  final order after receipt of the recommended order if the state 
3630  land planning agency determines that the plan or plan amendment 
3631  is in compliance. If the state land planning agency determines 
3632  that the plan or plan amendment is not in compliance, the agency 
3633  shall submit the recommended order to the Administration 
3634  Commission for final agency action. 
3635         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN 
3636  COMPLIANCE.— 
3637         (a) If the state land planning agency issues a notice of 
3638  intent to find the comprehensive plan or plan amendment not in 
3639  compliance with this act, the notice of intent shall be 
3640  forwarded to the Division of Administrative Hearings of the 
3641  Department of Management Services, which shall conduct a 
3642  proceeding under ss. 120.569 and 120.57 in the county of and 
3643  convenient to the affected local jurisdiction. The parties to 
3644  the proceeding are shall be the state land planning agency, the 
3645  affected local government, and any affected person who 
3646  intervenes. No new issue may be alleged as a reason to find a 
3647  plan or plan amendment not in compliance in an administrative 
3648  pleading filed more than 21 days after publication of notice 
3649  unless the party seeking that issue establishes good cause for 
3650  not alleging the issue within that time period. Good cause does 
3651  shall not include excusable neglect. In the proceeding, the 
3652  local government’s determination that the comprehensive plan or 
3653  plan amendment is in compliance is presumed to be correct. The 
3654  local government’s determination shall be sustained unless it is 
3655  shown by a preponderance of the evidence that the comprehensive 
3656  plan or plan amendment is not in compliance. The local 
3657  government’s determination that elements of its plans are 
3658  related to and consistent with each other shall be sustained if 
3659  the determination is fairly debatable. 
3660         Section 95. Subsection (6) of section 175.032, Florida 
3661  Statutes, is amended to read: 
3662         175.032 Definitions.—For any municipality, special fire 
3663  control district, chapter plan, local law municipality, local 
3664  law special fire control district, or local law plan under this 
3665  chapter, the following words and phrases have the following 
3666  meanings: 
3667         (6) “Division” means the Division of Retirement of the 
3668  Department of Personnel Management Services. 
3669         Section 96. Section 175.1215, Florida Statutes, is amended 
3670  to read: 
3671         175.1215 Police and Firefighters’ Premium Tax Trust Fund. 
3672  The Police and Firefighters’ Premium Tax Trust Fund is created, 
3673  to be administered by the division of Retirement of the 
3674  Department of Management Services. Funds credited to the trust 
3675  fund, as provided in chapter 95-250, Laws of Florida, or similar 
3676  legislation, shall be expended for the purposes set forth in 
3677  that legislation. 
3678         Section 97. Section 175.361, Florida Statutes, is amended 
3679  to read: 
3680         175.361 Termination of plan and distribution of fund.—For 
3681  any municipality, special fire control district, chapter plan, 
3682  local law municipality, local law special fire control district, 
3683  or local law plan under this chapter, the plan may be terminated 
3684  by the municipality or special fire control district. Upon 
3685  termination of the plan by the municipality or special fire 
3686  control district for any reason or because of a transfer, 
3687  merger, or consolidation of governmental units, services, or 
3688  functions as provided in chapter 121, or upon written notice by 
3689  the municipality or special fire control district to the board 
3690  of trustees that contributions under the plan are being 
3691  permanently discontinued, the rights of all employees to 
3692  benefits accrued to the date of such termination and the amounts 
3693  credited to the employees’ accounts are nonforfeitable. The fund 
3694  shall be distributed in accordance with the following 
3695  procedures: 
3696         (1) The board of trustees shall determine the date of 
3697  distribution and the asset value required to fund all the 
3698  nonforfeitable benefits after taking into account the expenses 
3699  of such distribution. The board shall inform the municipality or 
3700  special fire control district if additional assets are required, 
3701  in which event the municipality or special fire control district 
3702  shall continue to financially support the plan until all 
3703  nonforfeitable benefits have been funded. 
3704         (2) The board of trustees shall determine the method of 
3705  distribution of the asset value, whether distribution is shall 
3706  be by payment in cash, by the maintenance of another or 
3707  substituted trust fund, by the purchase of insured annuities, or 
3708  otherwise, for each firefighter entitled to benefits under the 
3709  plan as specified in subsection (3). 
3710         (3) The board of trustees shall distribute the asset value 
3711  as of the date of termination as in the manner set forth in this 
3712  subsection, on the basis that the amount required to provide any 
3713  given retirement income is the actuarially computed single-sum 
3714  value of such retirement income, except that if the method of 
3715  distribution determined under subsection (2) involves the 
3716  purchase of an insured annuity, the amount required to provide 
3717  the given retirement income is the single premium payable for 
3718  such annuity. The actuarial single-sum value may not be less 
3719  than the employee’s accumulated contributions to the plan, with 
3720  interest if provided by the plan, less the value of any plan 
3721  benefits previously paid to the employee. 
3722         (4) If there is asset value remaining after the full 
3723  distribution specified in subsection (3), and after the payment 
3724  of any expenses incurred with such distribution, such excess 
3725  shall be returned to the municipality or special fire control 
3726  district, less the return to the state of the state’s 
3727  contributions., provided that, If the excess is less than the 
3728  total contributions made by the municipality or special fire 
3729  control district and the state to date of termination of the 
3730  plan, such excess shall be divided proportionately to the total 
3731  contributions made by the municipality or special fire control 
3732  district and the state. 
3733         (5) The board of trustees shall distribute, in accordance 
3734  with subsection (2), the amounts determined under subsection 
3735  (3). 
3736         (6) If, after 24 months after the date the plan terminated 
3737  or the date the board received written notice that the 
3738  contributions thereunder were being permanently discontinued, 
3739  the municipality or special fire control district or the board 
3740  of trustees of the firefighters’ pension trust fund affected has 
3741  not complied with all the provisions in this section, the 
3742  Department of Personnel Management Services shall effect the 
3743  termination of the fund in accordance with this section. 
3744         Section 98. Subsection (7) of section 185.02, Florida 
3745  Statutes, is amended to read: 
3746         185.02 Definitions.—For any municipality, chapter plan, 
3747  local law municipality, or local law plan under this chapter, 
3748  the following words and phrases as used in this chapter shall 
3749  have the following meanings, unless a different meaning is 
3750  plainly required by the context: 
3751         (7) “Division” means the Division of Retirement of the 
3752  Department of Personnel Management Services. 
3753         Section 99. Section 185.105, Florida Statutes, is amended 
3754  to read: 
3755         185.105 Police and Firefighters’ Premium Tax Trust Fund. 
3756  The Police and Firefighters’ Premium Tax Trust Fund is the trust 
3757  fund created under s. 175.1215 and is created, to be 
3758  administered by the division of Retirement of the Department of 
3759  Management Services. Funds credited to the trust fund, as 
3760  provided in chapter 95-250, Laws of Florida, or similar 
3761  legislation, shall be expended for the purposes set forth in 
3762  that legislation. 
3763         Section 100. Section 185.37, Florida Statutes, is amended 
3764  to read: 
3765         185.37 Termination of plan and distribution of fund.—For 
3766  any municipality, chapter plan, local law municipality, or local 
3767  law plan under this chapter, the plan may be terminated by the 
3768  municipality. Upon termination of the plan by the municipality 
3769  for any reason, or because of a transfer, merger, or 
3770  consolidation of governmental units, services, or functions as 
3771  provided in chapter 121, or upon written notice to the board of 
3772  trustees by the municipality that contributions under the plan 
3773  are being permanently discontinued, the rights of all employees 
3774  to benefits accrued to the date of such termination or 
3775  discontinuance and the amounts credited to the employees’ 
3776  accounts are nonforfeitable. The fund shall be distributed in 
3777  accordance with the following procedures: 
3778         (1) The board of trustees shall determine the date of 
3779  distribution and the asset value required to fund all the 
3780  nonforfeitable benefits, after taking into account the expenses 
3781  of such distribution. The board shall inform the municipality if 
3782  additional assets are required, in which event the municipality 
3783  shall continue to financially support the plan until all 
3784  nonforfeitable benefits have been funded. 
3785         (2) The board of trustees shall determine the method of 
3786  distribution of the asset value, whether distribution is shall 
3787  be by payment in cash, by the maintenance of another or 
3788  substituted trust fund, by the purchase of insured annuities, or 
3789  otherwise, for each police officer entitled to benefits under 
3790  the plan, as specified in subsection (3). 
3791         (3) The board of trustees shall distribute the asset value 
3792  as of the date of termination in the manner set forth in this 
3793  subsection, on the basis that the amount required to provide any 
3794  given retirement income is the actuarially computed single-sum 
3795  value of such retirement income, except that if the method of 
3796  distribution determined under subsection (2) involves the 
3797  purchase of an insured annuity, the amount required to provide 
3798  the given retirement income is the single premium payable for 
3799  such annuity. The actuarial single-sum value may not be less 
3800  than the employee’s accumulated contributions to the plan, with 
3801  interest if provided by the plan, less the value of any plan 
3802  benefits previously paid to the employee. 
3803         (4) If there is asset value remaining after the full 
3804  distribution specified in subsection (3), and after payment of 
3805  any expenses incurred with such distribution, such excess shall 
3806  be returned to the municipality, less the return to the state of 
3807  the state’s contributions., provided that, If the excess is less 
3808  than the total contributions made by the municipality and the 
3809  state to date of termination of the plan, such excess shall be 
3810  divided proportionately to the total contributions made by the 
3811  municipality and the state. 
3812         (5) The board of trustees shall distribute, in accordance 
3813  with the manner of distribution determined under subsection (2), 
3814  the amounts determined under subsection (3). 
3815         (6) If, after 24 months after the date the plan terminated 
3816  or the date the board received written notice that the 
3817  contributions thereunder were being permanently discontinued, 
3818  the municipality or the board of trustees of the municipal 
3819  police officers’ retirement trust fund affected has not complied 
3820  with all the provisions in this section, the Department of 
3821  Management Services shall effect the termination of the fund in 
3822  accordance with this section. 
3823         Section 101. Subsection (5) of section 189.4035, Florida 
3824  Statutes, is amended to read: 
3825         189.4035 Preparation of official list of special 
3826  districts.— 
3827         (5) The official list of special districts shall be 
3828  distributed by the department on October 1 of each year to the 
3829  President of the Senate, the Speaker of the House of 
3830  Representatives, the Auditor General, the Department of Revenue, 
3831  the Department of Financial Services, the Department of 
3832  Personnel Management Services, the State Board of 
3833  Administration, counties, municipalities, county property 
3834  appraisers, tax collectors, and supervisors of elections and to 
3835  all interested parties who request the list. 
3836         Section 102. Subsection (1) of section 189.412, Florida 
3837  Statutes, is amended to read: 
3838         189.412 Special District Information Program; duties and 
3839  responsibilities.—The Special District Information Program of 
3840  the Department of Community Affairs is created and has the 
3841  following special duties: 
3842         (1) The collection and maintenance of special district 
3843  noncompliance status reports from the Department of Personnel 
3844  Management Services, the Department of Financial Services, the 
3845  Division of Bond Finance of the State Board of Administration, 
3846  and the Auditor General for the reporting required in ss. 
3847  112.63, 218.32, 218.38, and 218.39. The noncompliance reports 
3848  must list those special districts that did not comply with the 
3849  statutory reporting requirements. 
3850         Section 103. Subsection (1) of section 210.20, Florida 
3851  Statutes, is amended to read: 
3852         210.20 Employees and assistants; distribution of funds.— 
3853         (1) The division under the applicable rules of the 
3854  Department of Personnel Management may Services shall have the 
3855  power to employ such employees and assistants and incur such 
3856  other expenses as may be necessary for the administration of 
3857  this part, within the limits of an appropriation for the 
3858  operation of the Department of Business and Professional 
3859  Regulation as may be authorized by the General Appropriations 
3860  Act. 
3861         Section 104. Subsection (1) of section 210.75, Florida 
3862  Statutes, is amended to read: 
3863         210.75 Administration.— 
3864         (1) The division, under the applicable rules of the 
3865  Department of Personnel Management may Services, shall have the 
3866  power to employ such employees and assistants and to incur such 
3867  other expenses as may be necessary for the administration of 
3868  this part within the limits of an appropriation for the 
3869  operation of the Department of Business and Professional 
3870  Regulation as may be authorized by the General Appropriations 
3871  Act. 
3872         Section 105. Paragraph (r) of subsection (8) of section 
3873  213.053, Florida Statutes, is amended to read: 
3874         213.053 Confidentiality and information sharing.— 
3875         (8) Notwithstanding any other provision of this section, 
3876  the department may provide: 
3877         (r) Information relative to the returns required by ss. 
3878  175.111 and 185.09 to the Department of Personnel Management 
3879  Services in the conduct of its official duties. The Department 
3880  of Personnel Management may Services is, in turn, authorized to 
3881  disclose payment information to a governmental agency or the 
3882  agency’s agent for purposes related to budget preparation, 
3883  auditing, revenue or financial administration, or administration 
3884  of chapters 175 and 185. 
3885 
3886  Disclosure of information under this subsection shall be 
3887  pursuant to a written agreement between the executive director 
3888  and the agency. Such agencies, governmental or nongovernmental, 
3889  shall be bound by the same requirements of confidentiality as 
3890  the Department of Revenue. Breach of confidentiality is a 
3891  misdemeanor of the first degree, punishable as provided by s. 
3892  775.082 or s. 775.083. 
3893         Section 106. Subsection (1) of section 215.196, Florida 
3894  Statutes, is amended to read: 
3895         215.196 Architects Incidental Trust Fund; creation; 
3896  assessment.— 
3897         (1) There is created The Architects Incidental Trust Fund 
3898  is created for the purpose of providing sufficient funds for the 
3899  operation of the facilities development activities of the 
3900  Department of Environmental Protection Management Services. 
3901         Section 107. Paragraph (p) of subsection (1) of section 
3902  215.22, Florida Statutes, is amended to read: 
3903         215.22 Certain income and certain trust funds exempt.— 
3904         (1) The following income of a revenue nature or the 
3905  following trust funds shall be exempt from the appropriation 
3906  required by s. 215.20(1): 
3907         (p) The Communications Working Capital Trust Fund of the 
3908  Agency for Enterprise Information Technology Department of 
3909  Management Services. 
3910         Section 108. Subsection (3) of section 215.28, Florida 
3911  Statutes, is amended to read: 
3912         215.28 United States securities, purchase by state and 
3913  county officers and employees; deductions from salary.— 
3914         (3) All deductions so made by a any such disbursing 
3915  authority shall be deposited in a trust account separate and 
3916  apart from the funds of the state, county, or subordinate 
3917  agency. Such account is will be subject to withdrawal only for 
3918  the purchase of United States securities on behalf of officers 
3919  and employees, or for refunds to such persons in accordance with 
3920  the provisions of this section law. If Whenever the sum of 
3921  $18.75 or the purchase price of the security requested to be 
3922  purchased is accumulated from deductions so made from the 
3923  salaries or wages of an officer or employee, the such disbursing 
3924  agent shall arrange the purchase of the bond or security applied 
3925  for and have it registered in the name or names requested in the 
3926  deduction authorization. Securities so purchased must will be 
3927  delivered in a such manner that is as may be convenient for the 
3928  issuing agent and the purchaser. Any interest earned on moneys 
3929  in such account while awaiting the accumulation of the purchase 
3930  price of the security shall be transferred to the Florida 
3931  Retirement System Trust Fund as reimbursement for administrative 
3932  costs incurred by the Department of Personnel Management 
3933  Services under this section. 
3934         Section 109. Subsection (6) of section 215.422, Florida 
3935  Statutes, is amended to read: 
3936         215.422 Payments, warrants, and invoices; processing time 
3937  limits; dispute resolution; agency or judicial branch 
3938  compliance.— 
3939         (6) The Department of Financial Services shall monitor each 
3940  agency’s and the judicial branch’s compliance with the time 
3941  limits and interest penalty provisions of this section. The 
3942  department shall provide a report to an agency or to the 
3943  judicial branch if the department determines that the agency or 
3944  the judicial branch has failed to maintain an acceptable rate of 
3945  compliance with the time limits and interest penalty provisions 
3946  of this section. The department shall establish criteria for 
3947  determining acceptable rates of compliance. The report must 
3948  shall also include a list of late invoices or payments, the 
3949  amount of interest owed or paid, and any corrective actions 
3950  recommended. The department shall perform monitoring 
3951  responsibilities, pursuant to this section, using the Department 
3952  of Financial Services’ financial systems provided in s. 215.94. 
3953  Each agency and the judicial branch shall be responsible for the 
3954  accuracy of information entered into the Department of 
3955  Management Services’ procurement system and the department’s 
3956  Department of Financial Services’ financial systems for use in 
3957  this monitoring. 
3958         Section 110. Section 215.425, Florida Statutes, is amended 
3959  to read: 
3960         215.425 Extra compensation claims prohibited.—No Extra 
3961  compensation may not be paid shall be made to any officer, 
3962  agent, employee, or contractor after the service has been 
3963  rendered or the contract made; nor shall any money be 
3964  appropriated or paid on any claim the subject matter of which 
3965  has not been provided for by preexisting laws, unless such 
3966  compensation or claim is allowed by a law enacted by two-thirds 
3967  of the members elected to each house of the Legislature. 
3968  However, when adopting salary schedules for a fiscal year, a 
3969  district school board or community college district board of 
3970  trustees may apply the schedule for payment of all services 
3971  rendered after subsequent to July 1 of that fiscal year. The 
3972  provisions of this section do not apply to extra compensation 
3973  given to state employees who are included within the senior 
3974  management group pursuant to rules adopted by the Department of 
3975  Personnel Management Services; to extra compensation given to 
3976  county, municipal, or special district employees pursuant to 
3977  policies adopted by county or municipal ordinances or 
3978  resolutions of governing boards of special districts or to 
3979  employees of the clerk of the circuit court pursuant to written 
3980  policy of the clerk; or to a clothing and maintenance allowance 
3981  given to plainclothes deputies pursuant to s. 30.49. 
3982         Section 111. Paragraph (g) of subsection (1) of section 
3983  215.47, Florida Statutes, is amended to read: 
3984         215.47 Investments; authorized securities; loan of 
3985  securities.—Subject to the limitations and conditions of the 
3986  State Constitution or of the trust agreement relating to a trust 
3987  fund, moneys available for investments under ss. 215.44-215.53 
3988  may be invested as follows: 
3989         (1) Without limitation in: 
3990         (g) Bonds issued by the Florida State Improvement 
3991  Commission, Florida Development Commission, Division of Bond 
3992  Finance of the Department of General Services, or Division of 
3993  Bond Finance of the State Board of Administration. 
3994         Section 112. Subsection (3) of section 215.50, Florida 
3995  Statutes, is amended to read: 
3996         215.50 Custody of securities purchased; income.— 
3997         (3) The Chief Financial Officer, as custodian of securities 
3998  owned by the Florida Retirement System Trust Fund and the 
3999  Florida Survivor Benefit Trust Fund, shall collect the interest, 
4000  dividends, prepayments, maturities, proceeds from sales, and 
4001  other income accruing from such assets. As such income is 
4002  collected by the Chief Financial Officer, it shall be deposited 
4003  directly into a commercial bank to the credit of the State Board 
4004  of Administration. The Such bank accounts as may be required for 
4005  this purpose shall offer satisfactory collateral security as 
4006  provided by chapter 280. If the In the event funds so deposited 
4007  according to the provisions of this section are required to pay 
4008  for the purpose of paying benefits or other operational needs, 
4009  the State Board of Administration shall remit to the Florida 
4010  Retirement System Trust Fund in the State Treasury such amounts 
4011  as may be requested by the Department of Personnel Management 
4012  Services. 
4013         Section 113. Subsections (4) and (5) of section 215.94, 
4014  Florida Statutes, are amended to read: 
4015         215.94 Designation, duties, and responsibilities of 
4016  functional owners.— 
4017         (4) The Department of Financial Management Services is 
4018  shall be the functional owner of the Purchasing Subsystem. The 
4019  department shall design, implement, and operate the subsystem in 
4020  accordance with the provisions of ss. 215.90-215.96. The 
4021  subsystem includes shall include, but is shall not be limited 
4022  to, functions for commodity and service procurement. 
4023         (5) The Department of Personnel Management is Services 
4024  shall be the functional owner of the Personnel Information 
4025  System. The department shall ensure that the system is designed, 
4026  implemented, and operated in accordance with the provisions of 
4027  ss. 110.116 and 215.90-215.96. The department may contract with 
4028  a vendor to provide the system and services required of the 
4029  Personnel Information system. The subsystem includes shall 
4030  include, but is shall not be limited to, functions for: 
4031         (a) Maintenance of employee and position data, including 
4032  funding sources and percentages and salary lapse. The employee 
4033  data includes shall include, but is not be limited to, 
4034  information to meet the payroll system requirements of the 
4035  Department of Financial Services and to meet the employee 
4036  benefit system requirements of the Department of Personnel 
4037  Management Services. 
4038         (b) Recruitment and selection. 
4039         (c) Time and leave reporting. 
4040         (d) Collective bargaining. 
4041         Section 114. Subsection (2) of section 215.96, Florida 
4042  Statutes, is amended to read: 
4043         215.96 Coordinating council and design and coordination 
4044  staff.— 
4045         (2) The coordinating council shall consist of the Chief 
4046  Financial Officer; the Commissioner of Agriculture; the 
4047  executive director secretary of the Department of Personnel 
4048  Management Services; the Attorney General; and the Director of 
4049  Planning and Budgeting, Executive Office of the Governor, or 
4050  their designees. The Chief Financial Officer, or a his or her 
4051  designee, shall be the chair of the coordinating council, and 
4052  the design and coordination staff shall provide administrative 
4053  and clerical support to the council and the board. The design 
4054  and coordination staff shall maintain the minutes of each 
4055  meeting and shall make such minutes available to any interested 
4056  person. The Auditor General, the State Courts Administrator, an 
4057  executive officer of the Florida Association of State Agency 
4058  Administrative Services Directors, and an executive officer of 
4059  the Florida Association of State Budget Officers, or their 
4060  designees, shall serve without voting rights as ex officio 
4061  members on the coordinating council. The chair may call meetings 
4062  of the coordinating council as often as necessary to transact 
4063  business; however, the coordinating council must shall meet at 
4064  least once a year. Action of the coordinating council shall be 
4065  by motion, duly made, seconded and passed by a majority of the 
4066  coordinating council voting in the affirmative for approval of 
4067  items that are to be recommended for approval to the Financial 
4068  Management Information Board. 
4069         Section 115. Section 216.0152, Florida Statutes, is amended 
4070  to read: 
4071         216.0152 Inventory of state-owned facilities or state 
4072  occupied facilities.— 
4073         (1) The Department of Environmental Protection Management 
4074  Services shall develop and maintain an automated inventory of 
4075  all facilities owned, leased, rented, or otherwise occupied or 
4076  maintained by any state agency of the state or by the judicial 
4077  branch, except those with less than 3,000 square feet. The 
4078  inventory must shall include the location, occupying agency, 
4079  ownership, size, condition assessment, maintenance record, age, 
4080  parking and employee facilities, and other information as 
4081  required by the department for determining maintenance needs and 
4082  life-cycle cost evaluations of the facility. The inventory need 
4083  not include a condition assessment or maintenance record of 
4084  facilities not owned by a state agency or by the judicial 
4085  branch. The term “facility,” as used in this section, means 
4086  buildings, structures, and building systems, but does not 
4087  include transportation facilities of the state transportation 
4088  system. The Department of Transportation shall develop and 
4089  maintain an inventory of transportation facilities of the state 
4090  transportation system. The Board of Governors of the State 
4091  University System and the Department of Education, respectively, 
4092  shall develop and maintain an inventory, in the manner 
4093  prescribed by the Department of Environmental Protection 
4094  Management Services, of all state university and community 
4095  college facilities and shall make the data available in a format 
4096  acceptable to the Department of Environmental Protection 
4097  Management Services. 
4098         (2) The Department of Environmental Protection Management 
4099  Services shall update its inventory and cause to be updated the 
4100  other inventories required by subsection (1) to be updated at 
4101  least once every 5 years. However, but the inventories must 
4102  shall record acquisitions of new facilities and significant 
4103  changes in existing facilities as they occur. The department of 
4104  Management Services shall provide each state agency and the 
4105  judicial branch with the most recent inventory applicable to 
4106  that agency or to the judicial branch. Each state agency and the 
4107  judicial branch shall, in the manner prescribed by the 
4108  department of Management Services, report significant changes in 
4109  the inventory as they occur. Items relating to the condition and 
4110  life-cycle cost of a facility must shall be updated at least 
4111  every 5 years. 
4112         (3) The Department of Environmental Protection Management 
4113  Services shall, every 3 years, publish a complete report 
4114  detailing this inventory and shall publish an annual update of 
4115  the report. The department shall furnish the updated report to 
4116  the Executive Office of the Governor and the Legislature by no 
4117  later than September 15 of each year. 
4118         Section 116. Subsection (1) of section 216.016, Florida 
4119  Statutes, is amended to read: 
4120         216.016 Evaluation of plans; determination of financing 
4121  method.— 
4122         (1) Pursuant to the requirements of s. 216.044, the 
4123  Department of Environmental Protection Management Services shall 
4124  evaluate state agency plans and plans of the judicial branch. 
4125         Section 117. Paragraph (a) of subsection (4) of section 
4126  216.023, Florida Statutes, is amended to read: 
4127         216.023 Legislative budget requests to be furnished to 
4128  Legislature by agencies.— 
4129         (4)(a) The legislative budget request must include contain 
4130  for each program: 
4131         1. The constitutional or statutory authority for a program, 
4132  a brief purpose statement, and approved program components. 
4133         2. Information on expenditures for 3 fiscal years by 
4134  appropriation category, which includes (actual prior-year 
4135  expenditures, current-year estimated expenditures, and agency 
4136  budget requested expenditures for the next fiscal year) by 
4137  appropriation category. 
4138         3. Details on trust funds and fees. 
4139         4. The total number of positions, including (authorized, 
4140  fixed, and requested). 
4141         5. An issue narrative describing and justifying changes in 
4142  amounts and positions requested for current and proposed 
4143  programs for the next fiscal year. 
4144         6. Information resource requests. 
4145         7. Supporting information, including applicable cost 
4146  benefit analyses, business case analyses, performance 
4147  contracting procedures, service comparisons, and impacts on 
4148  performance standards for any request to outsource or privatize 
4149  agency functions. The cost-benefit and business case analyses 
4150  must include an assessment of the impact on each affected 
4151  activity from those identified in accordance with paragraph (b). 
4152  Performance standards must include standards for each affected 
4153  activity and be expressed in terms of the associated unit of 
4154  activity. 
4155         8. An evaluation of any major outsourcing and privatization 
4156  initiatives undertaken during the last 5 fiscal years having 
4157  aggregate expenditures exceeding $10 million during the term of 
4158  the contract. The evaluation must shall include an assessment of 
4159  contractor performance, a comparison of anticipated service 
4160  levels to actual service levels, and a comparison of estimated 
4161  savings to actual savings achieved. Consolidated reports issued 
4162  by the Department of Financial Management Services may be used 
4163  to satisfy this requirement. 
4164         9. Supporting information for any proposed consolidated 
4165  financing of deferred-payment commodity contracts including 
4166  guaranteed energy performance savings contracts. Supporting 
4167  information must also include narrative describing and 
4168  justifying the need, baseline for current costs, estimated cost 
4169  savings, projected equipment purchases, estimated contract 
4170  costs, and return on investment calculation. 
4171         10. For projects that exceed $10 million in total cost, the 
4172  statutory reference of the existing policy or the proposed 
4173  substantive policy that establishes and defines the project’s 
4174  governance structure, planned scope, main business objectives 
4175  that must be achieved, and estimated completion timeframes. 
4176  Information technology budget requests for the continuance of 
4177  existing hardware and software maintenance agreements, renewal 
4178  of existing software licensing agreements, or the replacement of 
4179  desktop units with new technology that is similar to the 
4180  technology currently in use are exempt from this requirement. 
4181         Section 118. Section 216.044, Florida Statutes, is amended 
4182  to read: 
4183         216.044 Budget evaluation by Department of Management 
4184  Services.— 
4185         (1) Any state agency or judicial branch entity requesting a 
4186  fixed capital outlay project to be managed by the Department of 
4187  Environmental Protection Management Services shall consult with 
4188  that department during the budget development process. The 
4189  department of Management Services shall provide recommendations 
4190  regarding construction requirements, cost of the project, and 
4191  project alternatives to be incorporated in the agency’s or 
4192  entity’s proposed fixed capital outlay budget request and 
4193  narrative justification. 
4194         (2) Concurrently with the submission of the fixed capital 
4195  outlay legislative budget request to the Executive Office of the 
4196  Governor or to the Chief Justice of the Supreme Court, the 
4197  agency or judicial branch shall submit a copy of the legislative 
4198  budget request to the Department of Environmental Protection 
4199  Management Services for evaluation. 
4200         (3) The Department of Environmental Protection Management 
4201  Services shall advise the Executive Office of the Governor, the 
4202  Chief Justice, and the Legislature regarding alternatives to the 
4203  proposed fixed capital outlay project and make recommendations 
4204  relating to the construction requirements and cost of the 
4205  project. These recommendations shall be provided to the 
4206  Legislature and Executive Office of the Governor at a time 
4207  specified by the Governor, but at least not less than 90 days 
4208  before prior to the regular session of the Legislature. When 
4209  evaluating alternatives, the department of Management Services 
4210  shall include information as to whether it would be more cost 
4211  efficient to lease private property or facilities, to construct 
4212  facilities on property presently owned by the state, or to 
4213  acquire property on which to construct the facilities. In 
4214  determining the cost to the state of constructing facilities on 
4215  property presently owned by the state or the cost of acquiring 
4216  property on which to construct facilities, the department of 
4217  Management Services shall include the costs that which would be 
4218  incurred by a private person in acquiring the property and 
4219  constructing the facilities, including, but not limited to, 
4220  taxes and return on investment. 
4221         Section 119. Paragraph (c) of subsection (2) of section 
4222  216.163, Florida Statutes, is amended to read: 
4223         216.163 Governor’s recommended budget; form and content; 
4224  declaration of collective bargaining impasses.— 
4225         (2) The Governor’s recommended budget shall also include: 
4226         (c) The evaluation of the fixed capital outlay request of 
4227  each agency and the judicial branch and alternatives to the 
4228  proposed projects as made by the Department of Environmental 
4229  Protection Management Services pursuant to s. 216.044. 
4230         Section 120. Section 216.237, Florida Statutes, is amended 
4231  to read: 
4232         216.237 Availability of any remaining funds; agency 
4233  maintenance of accounting records.—Any funds remaining funds 
4234  from the General Revenue Fund and trust fund spending authority 
4235  not awarded to agencies pursuant to s. 216.236 shall be made 
4236  available to agencies for innovative projects that which 
4237  generate a cost savings, increase revenue, or improve service 
4238  delivery. Innovative projects that which generate a cost savings 
4239  shall receive greater consideration when awarding innovation 
4240  investment funds. Any trust fund authority granted under this 
4241  program must be used shall be utilized in a manner that is 
4242  consistent with the statutory authority for the use of the said 
4243  trust fund. Any savings realized as a result of implementing the 
4244  innovative project must shall be used by the agency to establish 
4245  an internal innovations fund. State agencies that which are 
4246  awarded funds for innovative projects shall use utilize the 
4247  chart of accounts used by the Florida Accounting Information 
4248  Resource Subsystem in the manner described in s. 215.93(3). The 
4249  Such chart of accounts shall be developed and amended in 
4250  consultation with the Department of Financial Services and the 
4251  Executive Office of the Governor to separate and account for the 
4252  savings that result from the implementation of the innovative 
4253  projects and to keep track of how the innovative funds are 
4254  reinvested by the state agency to fund additional innovative 
4255  projects, which may include, but are not be limited to, 
4256  expenditures for training and information technology resources. 
4257  Guidelines for the establishment of such internal innovations 
4258  fund shall be provided by the Department of Financial Management 
4259  Services. Any agency awarded funds under this section must shall 
4260  maintain detailed accounting records showing all expenses, loan 
4261  transfers, savings, or other financial actions concerning the 
4262  project. Any savings realized as a result of implementing the 
4263  innovative project must shall be quantified, validated, and 
4264  verified by the agency. A final report of the results of the 
4265  implementation of each innovative project must shall be 
4266  submitted by each participating agency to the Governor’s Office 
4267  of Policy and Budget Planning and Budgeting and the legislative 
4268  appropriations committees by June 30 of the fiscal year in which 
4269  the funds were received and ensuing fiscal years for the life of 
4270  the project. 
4271         Section 121. Section 216.238, Florida Statutes, is amended 
4272  to read: 
4273         216.238 Rules Authority given to carry out provisions of 
4274  program.—The Department of Financial Management Services shall, 
4275  in accordance with chapter 120, adopt, promulgate, amend, or 
4276  rescind such rules as it deems necessary and administratively 
4277  feasible to administer carry out the provisions of the 
4278  Innovation Investment Program. 
4279         Section 122. Paragraphs (d), (e), (f), and (g) of 
4280  subsection (1) and subsection (3) of section 216.262, Florida 
4281  Statutes, are amended to read: 
4282         216.262 Authorized positions.— 
4283         (1) 
4284         (d) An individual employed by a state agency or by the 
4285  judicial branch may not hold more than one employment during his 
4286  or her normal working hours with the state, such working hours 
4287  to be determined by the head of the state agency affected, 
4288  unless approved by the Department of Personnel Management 
4289  Services, or otherwise delegated to the agency head, or by the 
4290  Chief Justice of the Supreme Court, respectively. 
4291         (e) An individual employed by a state agency or by the 
4292  judicial branch may not fill more than a total of one full-time 
4293  equivalent established position, receive compensation 
4294  simultaneously from any appropriation other than appropriations 
4295  for salaries, or receive compensation simultaneously from more 
4296  than one state agency unless approved by the Department of 
4297  Personnel Management Services, or otherwise delegated to the 
4298  agency head, or by the Chief Justice, respectively, during each 
4299  fiscal year. The department of Management Services may adopt 
4300  uniform rules applicable to the executive branch agencies to 
4301  implement its responsibilities under this paragraph. 
4302         (f) Perquisites may not be furnished by a state agency or 
4303  by the judicial branch unless approved by the Department of 
4304  Personnel Management Services, or otherwise delegated to the 
4305  agency head, or by the Chief Justice, respectively, during each 
4306  fiscal year. If Whenever a state agency or the judicial branch 
4307  is to furnish perquisites, the department of Management Services 
4308  or the agency head to which the approval has been delegated or 
4309  the Chief Justice, respectively, must approve the kind and 
4310  monetary value of such perquisites before they are may be 
4311  furnished. Perquisites may be furnished only if when in the best 
4312  interest of the state due to the exceptional or unique 
4313  requirements of the position. The value of a perquisite may not 
4314  be used to compute an employee’s base rate of pay or regular 
4315  rate of pay unless required by the Fair Labor Standards Act. 
4316  Permissible perquisites include, but are not limited to, moving 
4317  expenses, clothing, use of vehicles and other transportation, 
4318  domestic services, groundskeeping services, telephone services, 
4319  medical services, housing, utilities, and meals. The Department 
4320  of Personnel Management Services may adopt uniform rules 
4321  applicable to the executive branch agencies to implement its 
4322  responsibilities under this paragraph, which rules may specify 
4323  additional perquisites, establish additional criteria for each 
4324  kind of perquisite, provide the procedure to be used by 
4325  executive agencies in applying for approvals, and establish the 
4326  required justification. As used in this section, the term 
4327  “perquisites” means those things, or the use thereof, or 
4328  services of a kind that confer on the officers or employees 
4329  receiving them some benefit that is in the nature of additional 
4330  compensation, or that reduce to some extent the normal personal 
4331  expenses of the officer or employee receiving them. The term 
4332  includes, but is not limited to, such things as quarters, 
4333  subsistence, utilities, laundry services, medical service, use 
4334  of state-owned vehicles for other than state purposes, and 
4335  servants paid by the state. 
4336         (g) If goods and services are to be sold to officers and 
4337  employees of a state agency or of the judicial branch rather 
4338  than being furnished as perquisites, the kind and selling price 
4339  must thereof shall be approved by the Department of Personnel 
4340  Management Services, unless otherwise delegated to the agency 
4341  head, or by the Chief Justice, respectively, during each fiscal 
4342  year before such sales are made. The selling price may be 
4343  deducted from any amounts due by the state to the any person 
4344  receiving such things. The amount of cash so deducted must shall 
4345  be faithfully accounted for. This paragraph does not apply to 
4346  sales to officers or employees of items generally sold to the 
4347  public and does not apply to meals that which may be provided 
4348  without charge to volunteers under a volunteer service program 
4349  approved by the Department of Personnel Management Services. The 
4350  goods and services may include, but are not limited to, medical 
4351  services, long-term and short-term rental housing, and laundry 
4352  and transportation services. The department of Management 
4353  Services may adopt uniform rules applicable to the executive 
4354  branch agencies to implement its responsibilities under this 
4355  paragraph, which rules may specify other items that may be 
4356  approved, the required justification for proposed sales, and the 
4357  manner in which agencies are required to will apply for 
4358  approvals. 
4359         (3) A No full-time position may not shall be filled by more 
4360  than the equivalent of one full-time officer or employee, except 
4361  when extenuating circumstances exist. Extenuating circumstances 
4362  must will be provided for in rules to be adopted by the 
4363  Department of Personnel Management Services or by the Chief 
4364  Justice, respectively. 
4365         Section 123. Paragraph (c) of subsection (6) of section 
4366  216.292, Florida Statutes, is amended to read: 
4367         216.292 Appropriations nontransferable; exceptions.— 
4368         (6) The Chief Financial Officer shall transfer from any 
4369  available funds of an agency or the judicial branch the 
4370  following amounts and shall report all such transfers and the 
4371  reasons therefor to the legislative appropriations committees 
4372  and the Executive Office of the Governor: 
4373         (c) The amount due to the Communications Working Capital 
4374  Trust Fund from moneys appropriated in the General 
4375  Appropriations Act for the purpose of paying for services 
4376  provided by the state communications system in the Agency for 
4377  Enterprise Information Technology Department of Management 
4378  Services which is unpaid 45 days after the billing date. The 
4379  amount transferred shall be the amount that billed by the 
4380  department. 
4381         Section 124. Section 217.02, Florida Statutes, is amended 
4382  to read: 
4383         217.02 Definitions.—As used in this chapter act, the term: 
4384         (1) “Department” means the Department of Financial 
4385  Management Services. 
4386         (2) “Surplus property” means any federal property that 
4387  which has been declared excess by a federal agency, including 
4388  the Department of Defense, and made available for procurement 
4389  and distribution in the state in compliance with the Federal 
4390  Property and Administrative Services Act of 1949, and subsequent 
4391  amendments thereto, or any other federal law provided for the 
4392  procurement and distribution of federal excess and surplus 
4393  property. 
4394         Section 125. Section 217.04, Florida Statutes, is amended 
4395  to read: 
4396         217.04 Negotiation Department of Management Services as 
4397  state agency to negotiate with federal agency.—The department of 
4398  Management Services is designated the official agency of the 
4399  state to negotiate with any federal agency in accordance and 
4400  compliance with the Federal Property and Administrative Services 
4401  Act of 1949 and subsequent amendments thereto, and any other 
4402  federal law or regulation providing for the procurement and 
4403  distribution of federal surplus personal property. 
4404         Section 126. Section 217.045, Florida Statutes, is amended 
4405  to read: 
4406         217.045 Department of Management Services; Assistance to 
4407  state agencies.—The department of Management Services may follow 
4408  whatever procedure is considered necessary to enable state 
4409  agencies to take advantage of surplus property allocated to the 
4410  state by the Federal Government or by its disposal agencies. 
4411         Section 127. Subsections (2), (3), (11), and (13) of 
4412  section 238.01, Florida Statutes, are amended to read: 
4413         238.01 Definitions.—The following words and phrases as used 
4414  in this chapter shall have the following meanings unless a 
4415  different meaning is plainly required by the context: 
4416         (2) “Department” means the Department of Personnel 
4417  Management Services. 
4418         (3) “Teacher” means any member of the teaching or 
4419  professional staff and any certificated employee of any public 
4420  free school, of any district school system and career center, 
4421  any member of the teaching or professional staff of the Florida 
4422  School for the Deaf and Blind, child training schools of the 
4423  Department of Juvenile Justice, the Department of Corrections, 
4424  and any tax-supported institution of higher learning of the 
4425  state, and any member and any certified employee of the 
4426  Department of Education, any certified employee of the 
4427  retirement system, any full-time employee of any nonprofit 
4428  professional association or corporation of teachers functioning 
4429  in Florida on a statewide basis, which seeks to protect and 
4430  improve public school opportunities for children and advance the 
4431  professional and welfare status of its members, any person now 
4432  serving as superintendent, or who was serving as county 
4433  superintendent of public instruction on July 1, 1939, and any 
4434  hereafter duly elected or appointed superintendent, who holds a 
4435  valid Florida teachers’ certificate. In all cases of doubt the 
4436  department of Management Services shall determine whether a any 
4437  person is a teacher as defined herein. 
4438         (11) “Regular interest” means interest at such rate as may 
4439  be set from time to time by the department of Management 
4440  Services. 
4441         (13) “Earnable compensation” means the full compensation 
4442  payable to a teacher working the full working time for his or 
4443  her position. With In respect to plans A, B, C, and D only, if 
4444  the in cases where compensation includes maintenance, the 
4445  department of Management Services shall fix the value of that 
4446  part of the compensation not paid in money if; provided that all 
4447  members as of shall from July 1, 1955, make contributions to the 
4448  retirement system on the basis of “earnable compensation,” as 
4449  defined herein and all persons who are members on July 1, 1955, 
4450  may, upon application, have their “earnable compensation” for 
4451  the time during which they have been members prior to that date 
4452  determined on the basis of “earnable compensation” as defined in 
4453  this law, upon paying to the retirement system, on or before the 
4454  date of retirement, a sum equal to the additional contribution 
4455  with accumulated regular interest thereon they would have made 
4456  if “earnable compensation” had been defined, at the time they 
4457  became members, as it is now defined. However, earnable 
4458  compensation for all plan years beginning on or after July 1, 
4459  1990, may shall not include any amounts in excess of the 
4460  compensation limitation (originally $200,000) established by s. 
4461  401(a)(17) of the Internal Revenue Code prior to the Omnibus 
4462  Budget Reconciliation Act of 1993, which limitation shall be 
4463  adjusted for changes in the cost of living since 1989, as in the 
4464  manner provided by s. 401(a)(17) of the Internal Revenue Code of 
4465  1991. This limitation, which has been part of the Teachers’ 
4466  Retirement System since plan years beginning on or after July 1, 
4467  1990, must shall be adjusted as required by federal law for 
4468  qualified government plans. 
4469         Section 128. Section 238.02, Florida Statutes, is amended 
4470  to read: 
4471         238.02 Name and date of Establishment.—A retirement system 
4472  is established and placed under the management of the department 
4473  of Management Services for the purpose of providing retirement 
4474  allowances and other benefits for teachers of the state. The 
4475  retirement system shall begin operations on July 1, 1939. It has 
4476  such powers and privileges of a corporation as may be necessary 
4477  to carry out effectively the provisions of this chapter and 
4478  shall be known as the “Teachers’ Retirement System of the 
4479  State,” and by such name all of its business shall be 
4480  transacted, all of its funds invested, and all of its cash and 
4481  securities and other property held in trust for the purpose for 
4482  which received. 
4483         Section 129. Subsection (1) of section 238.03, Florida 
4484  Statutes, is amended to read: 
4485         238.03 Administration.— 
4486         (1) The general administration and the responsibility for 
4487  the proper operation of the retirement system and for making 
4488  effective the provisions of this chapter are vested in the 
4489  department of Management Services. Subject to the limitation of 
4490  this chapter, the department shall, from time to time, adopt 
4491  establish rules and regulations for the administration and 
4492  transaction of the business of the retirement system and shall 
4493  perform such other functions as are required for the execution 
4494  of this chapter. 
4495         Section 130. Subsection (3) of section 238.07, Florida 
4496  Statutes, is amended to read: 
4497         238.07 Regular benefits; survivor benefits.— 
4498         (3) Any member who, prior to July 1, 1955, elected to 
4499  retire under one of plans A, B, C, or D may elect, prior to 
4500  retirement, to retire under plan E in accordance with the terms 
4501  hereof. Any person who became a member on or after July 1, 1955, 
4502  shall retire under plan E, except as provided for under s. 
4503  238.31. With respect to plans A, B, C, or D, any member may 
4504  shall have the right at any time to change to a plan of 
4505  retirement requiring a lower rate of contribution. The 
4506  department of Management Services shall also notify the member 
4507  of the rate of contribution such member must make from and after 
4508  selecting such plan of retirement. Any member in service may 
4509  retire upon reaching the age of retirement formerly selected by 
4510  him or her, upon the member’s written application to the 
4511  department setting forth at which time, not more than 90 days 
4512  after subsequent to the execution and filing of such 
4513  application, it is his or her desire to retire notwithstanding 
4514  that during such period of notification he or she may have 
4515  separated from service. Upon receipt of such application for 
4516  retirement, the department shall retire such member not more 
4517  than 90 days thereafter. Before such member may retire, he or 
4518  she must file with the department his or her written selection 
4519  of one of the optional benefits provided in s. 238.08. 
4520         Section 131. Paragraph (a) of subsection (1) of section 
4521  238.09, Florida Statutes, is amended to read: 
4522         238.09 Method of financing.—All of the assets of the 
4523  retirement system shall be credited, according to the purposes 
4524  for which they are held, to one of four funds; namely, the 
4525  Annuity Savings Trust Fund, the Pension Accumulation Trust Fund, 
4526  the Expense Trust Fund, and the Survivors’ Benefit Trust Fund. 
4527         (1) The Annuity Savings Trust Fund shall be a fund in which 
4528  shall be accumulated contributions made from the salaries of 
4529  members under the provisions of paragraph (c) or paragraph (f). 
4530  Contribution to, payments from, the Annuity Savings Trust Fund 
4531  shall be made as follows: 
4532         (a) With respect to plan A, B, C, or D, upon the basis of 
4533  such tables as the department of Management Services shall 
4534  adopt, and regular interest, the actuary of the retirement 
4535  system shall determine for each member the proportion of 
4536  earnable compensation which, when deducted from each payment of 
4537  his or her prospective earnable annual compensation prior to his 
4538  or her minimum service retirement age, and accumulated at 
4539  regular interest until such age, shall be computed to provide at 
4540  such age: 
4541         1. An annuity equal to one one-hundred-fortieth of the 
4542  member’s his or her average final compensation multiplied by the 
4543  number of his or her years of membership in the case of each 
4544  member electing to retire under the provisions of plan A or B. 
4545         2. An annuity equal to one one-hundred-twentieth of the 
4546  member’s his or her average final compensation multiplied by the 
4547  number of his or her years of membership service in the case of 
4548  each member electing to retire under the provisions of plan C. 
4549         3. An annuity equal to one one-hundredth of his or her 
4550  average final compensation multiplied by the number of the 
4551  members’ his or her years of membership service in the case of 
4552  each member electing to retire under the provisions of plan D. 
4553 
4554  For each In the case of any member who has attained his or her 
4555  minimum service retirement age before prior to becoming a 
4556  member, the proportion of salary applicable to such member, with 
4557  respect to plan A, B, C, or D, shall be the proportion computed 
4558  for the age 1 year younger than his or her minimum service 
4559  retirement age. 
4560         Section 132. Section 238.10, Florida Statutes, is amended 
4561  to read: 
4562         238.10 Management of funds.—The department of Management 
4563  Services, annually, shall allow regular interest on the amount 
4564  for the preceding year to the credit of each of the funds of the 
4565  retirement system, and to the credit of the individual account 
4566  therein, if any, with the exception of the expense fund, from 
4567  the interest and dividends earned from investments. 
4568         Section 133. Paragraph (b) of subsection (1) and 
4569  subsections (2) and (3) of section 238.11, Florida Statutes, are 
4570  amended to read: 
4571         238.11 Collection of contributions.— 
4572         (1) The collection of contributions shall be as follows: 
4573         (b) Each employer shall transmit monthly to the department 
4574  of Management Services a warrant for the total amount of such 
4575  deductions. Each employer shall also transmit monthly to the 
4576  department a warrant for such employer contribution set aside as 
4577  provided for in paragraph (a) of this subsection. The 
4578  department, after making records of all such warrants, shall 
4579  transmit them to the Department of Financial Services for 
4580  delivery to the Chief Financial Officer, who shall collect them. 
4581         (2) The collection of the state contribution shall be made 
4582  as follows: 
4583         (a) The amounts required to be paid by the state into the 
4584  Teachers’ Retirement System under in this chapter shall be 
4585  provided therefor in the General Appropriations Act. However, if 
4586  in the event a sufficient amount is not included in the General 
4587  Appropriations Act to meet the full amount needed to pay the 
4588  retirement compensation provided for in this chapter, the 
4589  additional amount needed for such retirement compensation is 
4590  hereby appropriated from the General Revenue Fund as approved by 
4591  the department of Management Services. 
4592         (b) The department of Management Services shall certify 
4593  one-fourth of the amount so ascertained for each year to the 
4594  Chief Financial Officer on or before the last day of July, 
4595  October, January, and April of each year. The Chief Financial 
4596  Officer shall, on or before the first day of August, November, 
4597  February, and May of each year, immediately transfer the amounts 
4598  due to the several funds of the retirement system the amounts 
4599  due. 
4600         (3) All collection of contributions of a nonprofit 
4601  professional association or corporation of teachers as referred 
4602  to in s. 238.01(3) and (5) shall be made by such association or 
4603  corporation in the following manner: 
4604         (a) On April 1 of each year, the department of Management 
4605  Services shall certify to any such nonprofit professional 
4606  association or corporation of teachers the amounts that which 
4607  will become due and payable during the ensuing fiscal year to 
4608  each of the funds of the retirement system to which such 
4609  contributions are payable as set forth in this section law. 
4610         (b) The department of Management Services shall certify 
4611  one-fourth of the amount so ascertained for each year to the 
4612  nonprofit professional association or corporation of teachers on 
4613  or before the last day of July, October, January, and April of 
4614  each year. The nonprofit professional association or corporation 
4615  of teachers shall, on or before the first day of August, 
4616  November, February, and May of each year, draw its check payable 
4617  to the department for the respective amounts due the several 
4618  funds of the retirement system. Upon receipt of the check, the 
4619  department shall immediately transfer the amounts due to the 
4620  several funds of the retirement system the amounts due, 
4621  provided, however, that the amounts due the several funds of the 
4622  retirement system from any such association or corporation for 
4623  creditable service accruing to any such member before July 1, 
4624  1947, shall be paid prior to the retirement of any such member. 
4625         Section 134. Subsection (1) of section 238.12, Florida 
4626  Statutes, is amended to read: 
4627         238.12 Duties of employers.— 
4628         (1) Each employer shall keep such records and, from time to 
4629  time, shall furnish such information as the department of 
4630  Management Services may require in the discharge of its duties. 
4631  Upon the employment of any teacher to whom this chapter may 
4632  apply, the teacher shall be informed by his or her employer of 
4633  his or her duties and obligations in connection with the 
4634  retirement system as a condition of his or her employment. Every 
4635  teacher accepting employment shall be deemed to consent and 
4636  agree to any deductions from his or her compensation required in 
4637  this chapter and to all other provisions of this chapter. 
4638         Section 135. Section 238.15, Florida Statutes, is amended 
4639  to read: 
4640         238.15 Exemption of funds from taxation, execution, and 
4641  assignment.—The pensions, annuities or any other benefits 
4642  accrued or accruing to any person under the provisions of this 
4643  chapter and the accumulated contributions and cash securities in 
4644  the funds created under this chapter are exempted from any 
4645  state, county or municipal tax of the state, and are shall not 
4646  be subject to execution or attachment or to any legal process 
4647  whatsoever, and shall be unassignable, except: 
4648         (1) That any teacher who has retired may shall have the 
4649  right and power to authorize the department in writing the 
4650  department of Management Services to deduct from his or her 
4651  monthly retirement allowance money for the payment of the 
4652  premiums on group insurance for hospital, medical and surgical 
4653  benefits, under a plan or plans for such benefits approved in 
4654  writing by the Chief Financial Officer, and upon receipt of such 
4655  request the department shall make the monthly payments as 
4656  directed; and 
4657         (2) As may be otherwise specifically provided for in this 
4658  chapter. 
4659         Section 136. Paragraph (b) of subsection (3) of section 
4660  238.171, Florida Statutes, is amended to read: 
4661         238.171 Monthly allowance; when made.— 
4662         (3) 
4663         (b) On July 1, 1975, and each July 1 thereafter, the 
4664  department of Management Services shall adjust the monthly 
4665  allowance being paid on that said date. The percentage of such 
4666  adjustment is shall be equal to the percentage change in the 
4667  average cost-of-living index during the preceding 12-month 
4668  period, April 1 through March 31, ignoring changes in the cost 
4669  of-living index which are greater than 3 percent during the 
4670  preceding fiscal year. 
4671         Section 137. Paragraph (b) of subsection (2) of section 
4672  238.181, Florida Statutes, is amended to read: 
4673         238.181 Reemployment after retirement; conditions and 
4674  limitations.— 
4675         (2) 
4676         (b) Any person to whom the limitation in paragraph (a) 
4677  applies who violates such reemployment limitation and who is 
4678  reemployed with any agency participating in the Florida 
4679  Retirement System before completing completion of the 12-month 
4680  limitation period must shall give timely notice of this fact in 
4681  writing to his or her employer and to the department of 
4682  Management Services and shall have his or her retirement 
4683  benefits suspended for the balance of the 12-month limitation 
4684  period. Any person employed in violation of this paragraph and 
4685  any employing agency that which knowingly employs or appoints 
4686  such person without notifying the department to suspend 
4687  retirement benefits are shall be jointly and severally liable 
4688  for reimbursement to the retirement trust fund of any benefits 
4689  paid during the reemployment limitation period. To avoid 
4690  liability, the such employing agency shall have a written 
4691  statement from the retiree that he or she is not retired from a 
4692  state-administered retirement system. Any retirement benefits 
4693  received must while reemployed during this reemployment 
4694  limitation period shall be repaid to the retirement trust fund, 
4695  and retirement benefits shall remain suspended until such 
4696  repayment has been made. Benefits suspended beyond the 
4697  reemployment limitation shall apply toward repayment of benefits 
4698  received in violation of the reemployment limitation. 
4699         Section 138. Section 238.32, Florida Statutes, is amended 
4700  to read: 
4701         238.32 Service credit in disputed cases.—The department of 
4702  Management Services may in its discretion allow or deny a member 
4703  service credit in disputed or doubtful cases for employment in 
4704  in this state Florida and in out-of-state schools in order to 
4705  serve the best interests of the state and the member, subject to 
4706  the membership dates set forth in s. 238.06(4). 
4707         Section 139. Subsection (6) of section 250.22, Florida 
4708  Statutes, is amended to read: 
4709         250.22 Retirement.— 
4710         (6) All powers, duties, and functions related to the 
4711  administration of this section are vested in the Department of 
4712  Personnel Management Services. 
4713         Section 140. Subsection (4) of section 252.385, Florida 
4714  Statutes, is amended to read: 
4715         252.385 Public shelter space.— 
4716         (4)(a) Public facilities, including schools, postsecondary 
4717  education facilities, and other facilities owned or leased by 
4718  the state or local governments, but excluding hospitals, hospice 
4719  care facilities, assisted living facilities, and nursing homes, 
4720  which are suitable for use as public hurricane evacuation 
4721  shelters shall be made available at the request of the local 
4722  emergency management agencies. The local emergency management 
4723  agency shall coordinate with these entities to ensure that 
4724  designated facilities are ready to activate before prior to a 
4725  specific hurricane or disaster. Such agencies shall coordinate 
4726  with the appropriate school board, university, community 
4727  college, state agency, or local governing board when requesting 
4728  the use of such facilities as public hurricane evacuation 
4729  shelters. 
4730         (b) The Department of Environmental Protection Management 
4731  Services shall: 
4732         (a) Incorporate provisions for the use of suitable leased 
4733  public facilities as public hurricane evacuation shelters into 
4734  lease agreements for state agencies. Suitable leased public 
4735  facilities include leased public facilities that are solely 
4736  occupied by state agencies and have at least 2,000 square feet 
4737  of net floor area in a single room or in a combination of rooms 
4738  having a minimum of 400 square feet in each room. The net square 
4739  footage of floor area shall be determined by subtracting from 
4740  the gross square footage the square footage of spaces such as 
4741  mechanical and electrical rooms, storage rooms, open corridors, 
4742  restrooms, kitchens, science or computer laboratories, shop or 
4743  mechanical areas, administrative offices, records vaults, and 
4744  crawl spaces. 
4745         (b)(c) The Department of Management Services shall, In 
4746  consultation with local and state emergency management agencies, 
4747  assess department of Management Services facilities to identify 
4748  the extent to which each facility has public hurricane 
4749  evacuation shelter space. The department of Management Services 
4750  shall submit proposed facility retrofit projects that 
4751  incorporate hurricane protection enhancements to the department 
4752  for assessment and inclusion in the annual report prepared in 
4753  accordance with subsection (3). 
4754         (c)(d) The Department of Management Services shall Include 
4755  in the annual state facilities inventory report required under 
4756  ss. 216.015-216.016 a separate list of state-owned facilities, 
4757  including, but not limited to, meeting halls, auditoriums, 
4758  conference centers, and training centers that have unoccupied 
4759  space suitable for use as an emergency shelter during a storm or 
4760  other catastrophic event. Facilities must be listed by the 
4761  county and municipality where the facility is located and must 
4762  be made available in accordance with this subsection paragraph 
4763  (a). As used in this paragraph, the term “suitable for use as an 
4764  emergency shelter” means meeting the standards set by the 
4765  American Red Cross for a hurricane evacuation shelter, and the 
4766  term “unoccupied” means vacant due to suspended operation or 
4767  nonuse. The list must be updated by May 31 of each year. 
4768         Section 141. Paragraph (b) of subsection (6) of section 
4769  253.034, Florida Statutes, is amended to read: 
4770         253.034 State-owned lands; uses.— 
4771         (6) The Board of Trustees of the Internal Improvement Trust 
4772  Fund shall determine which lands, the title to which is vested 
4773  in the board, may be surplused. For conservation lands, the 
4774  board shall make a determination that the lands are no longer 
4775  needed for conservation purposes and may dispose of them by an 
4776  affirmative vote of at least three members. In the case of a 
4777  land exchange involving the disposition of conservation lands, 
4778  the board must determine by an affirmative vote of at least 
4779  three members that the exchange will result in a net positive 
4780  conservation benefit. For all other lands, the board shall make 
4781  a determination that the lands are no longer needed and may 
4782  dispose of them by an affirmative vote of at least three 
4783  members. 
4784         (b) For any lands purchased by the state on or after July 
4785  1, 1999, a determination shall be made by the board before prior 
4786  to acquisition as to those parcels that shall be designated as 
4787  having been acquired for conservation purposes. No Lands 
4788  acquired for use by the Department of Corrections, the 
4789  Department of Environmental Protection Management Services for 
4790  use as state offices, the Department of Transportation, except 
4791  those specifically managed for conservation or recreation 
4792  purposes, or the State University System or the Florida 
4793  Community College System may not shall be designated as having 
4794  been purchased for conservation purposes. 
4795         Section 142. Subsection (2) of section 253.126, Florida 
4796  Statutes, is amended to read: 
4797         253.126 Legislative intent.—The limitations and 
4798  restrictions imposed by this chapter as amended by chapter 67 
4799  393, Laws of Florida, upon the construction of islands or the 
4800  extension or addition to existing lands or islands bordering on 
4801  or being in the navigable waters, as defined in s. 253.12, shall 
4802  apply to the state, its agencies and all political subdivisions 
4803  and governmental units. No other general or special act shall 
4804  operate to grant exceptions to this section unless this section 
4805  is specifically repealed thereby. 
4806         (2) The provisions of chapter 120 shall be accorded any 
4807  person where substantial interests will be affected by an 
4808  activity proposed to be conducted by such agency pursuant to its 
4809  certification and the department’s acceptance. If a proceeding 
4810  is conducted pursuant to ss. 120.569 and 120.57, the department 
4811  may intervene as a party. Should an administrative law judge of 
4812  the Division of Administrative Hearings of the Department of 
4813  Management Services submit a recommended order pursuant to ss. 
4814  120.569 and 120.57, the Department of Environmental Protection 
4815  shall issue a final department order adopting, rejecting, or 
4816  modifying the recommended order pursuant to such action. 
4817         Section 143. Subsection (1) of section 253.45, Florida 
4818  Statutes, is amended to read: 
4819         253.45 Sale or lease of phosphate, clay, minerals, etc., in 
4820  or under state lands.— 
4821         (1) The Board of Trustees of the Internal Improvement Trust 
4822  Fund may sell or lease any phosphate, earth or clay, sand, 
4823  gravel, shell, mineral, metal, timber or water, or any other 
4824  substance similar to the foregoing, in, on, or under, any land 
4825  the title to which is vested in the state, the Department of 
4826  Management Services, the Department of Environmental Protection, 
4827  the Fish and Wildlife Conservation Commission, the State Board 
4828  of Education, or any other state board, department, or agency; 
4829  provided that the board of trustees does may not grant such a 
4830  sale or lease on the land of any other state board, department, 
4831  or agency without first obtaining approval therefrom. Such No 
4832  sale or lease is not provided for in this section shall be 
4833  allowed on hard-surfaced beaches that are used for bathing or 
4834  driving and areas contiguous thereto out to a mean low-water 
4835  depth of 3 feet and landward to the nearest paved public road. 
4836  Any sale or lease provided for in this section shall be 
4837  conducted by competitive bidding as provided for in ss. 253.52, 
4838  253.53, and 253.54. The proceeds of such sales or leases are to 
4839  be credited to the board of trustees, board, department, or 
4840  agency that which has title or control of the land involved. 
4841         Section 144. Section 255.02, Florida Statutes, is amended 
4842  to read: 
4843         255.02 Boards authorized to replace buildings destroyed by 
4844  fire.—The Department of Environmental Protection Management 
4845  Services or any board or person having the direct supervision 
4846  and control of any state building or state property may rebuild 
4847  or replace have rebuilt or replaced, out of the proceeds from 
4848  the fire insurance on such buildings or property, any buildings 
4849  or property owned by the state, which is may be destroyed in 
4850  whole or in part by fire. 
4851         Section 145. Subsection (2) of section 255.043, Florida 
4852  Statutes, is amended to read: 
4853         255.043 Art in state buildings.— 
4854         (2) The Department of Environmental Protection Management 
4855  Services or other state agency agencies receiving appropriations 
4856  for original constructions shall notify the Florida Arts Council 
4857  and the user agency of any construction project that which is 
4858  eligible under the provisions of this section. The department of 
4859  Management Services or other state agency shall determine the 
4860  amount to be made available for purchase or commission of works 
4861  of art for each project and shall report these amounts to the 
4862  Florida Arts Council and the user agency. Payments therefor 
4863  shall be made from funds appropriated for fixed capital outlay 
4864  according to law. 
4865         Section 146. Paragraphs (a) and (b) of subsection (1) of 
4866  section 255.05, Florida Statutes, are amended to read: 
4867         255.05 Bond of contractor constructing public buildings; 
4868  form; action by materialmen.— 
4869         (1)(a) Any person entering into a formal contract with the 
4870  state or any county, municipality city, or political subdivision 
4871  thereof, or other public authority or private entity, for the 
4872  construction of a public building, for the prosecution and 
4873  completion of a public work, or for repairs upon a public 
4874  building or public work must shall be required, before 
4875  commencing the work or before recommencing the work after a 
4876  default or abandonment, to execute, deliver to the public owner, 
4877  and record in the public records of the county where the 
4878  improvement is located, a payment and performance bond with a 
4879  surety insurer authorized to do business in this state as 
4880  surety. A public entity may not require a contractor to secure a 
4881  surety bond under this section from a specific agent or bonding 
4882  company. The bond must state on its front page: the name, 
4883  principal business address, and phone number of the contractor, 
4884  the surety, the owner of the property being improved, and, if 
4885  different from the owner, the contracting public entity; the 
4886  contract number assigned by the contracting public entity; and a 
4887  description of the project sufficient to identify it, such as a 
4888  legal description or the street address of the property being 
4889  improved, and a general description of the improvement. Such 
4890  bond must shall be conditioned upon the contractor’s performance 
4891  of the construction work in the time and manner prescribed in 
4892  the contract and promptly making payments to all persons defined 
4893  in s. 713.01 who furnish labor, services, or materials for the 
4894  prosecution of the work provided for in the contract. Any 
4895  claimant may apply to the governmental entity having charge of 
4896  the work for copies of the contract and bond and shall thereupon 
4897  be furnished with a certified copy of the contract and bond. The 
4898  claimant shall have a right of action against the contractor and 
4899  surety for the amount due him or her, including unpaid finance 
4900  charges due under the claimant’s contract. Such action may shall 
4901  not involve the public authority in any expense. If When such 
4902  work is done for the state and the contract is for $100,000 or 
4903  less, a no payment and performance bond is not shall be 
4904  required. At the discretion of the official or board awarding 
4905  such contract when such work is done for any county, 
4906  municipality city, political subdivision, or public authority, 
4907  any person entering into such a contract which is for $200,000 
4908  or less may be exempted from executing the payment and 
4909  performance bond. If When such work is done for the state, the 
4910  Secretary of Environmental Protection Management Services may 
4911  delegate to state agencies the authority to exempt any person 
4912  entering into such a contract amounting to more than $100,000 
4913  but less than $200,000 from executing the payment and 
4914  performance bond. If In the event such exemption is granted, the 
4915  officer or officials may shall not be held personally liable to 
4916  persons suffering loss because of granting such exemption. The 
4917  Department of Environmental Protection Management Services shall 
4918  maintain information on the number of requests by state agencies 
4919  for delegation of authority to waive the bond requirements by 
4920  agency and project number and whether any request for delegation 
4921  was denied and the justification for the denial. Any provision 
4922  in a payment bond furnished for public work contracts as 
4923  provided by this subsection which restricts the classes of 
4924  persons as defined in s. 713.01 protected by the bond or the 
4925  venue of any proceeding relating to such bond is unenforceable. 
4926         (b) The Department of Environmental Protection Management 
4927  Services shall adopt rules with respect to all contracts for 
4928  $200,000 or less, to provide: 
4929         1. Procedures for retaining up to 10 percent of each 
4930  request for payment submitted by a contractor and procedures for 
4931  determining disbursements from the amount retained on a pro rata 
4932  basis to laborers, materialmen, and subcontractors, as defined 
4933  in s. 713.01. 
4934         2. Procedures for requiring certification from laborers, 
4935  materialmen, and subcontractors, as defined in s. 713.01, prior 
4936  to final payment to the contractor that such laborers, 
4937  materialmen, and subcontractors have no claims against the 
4938  contractor resulting from the completion of the work provided 
4939  for in the contract. 
4940 
4941  The state shall not be held liable to any laborer, materialman, 
4942  or subcontractor for any amounts greater than the pro rata share 
4943  as determined under this section. 
4944         Section 147. Subsection (1) of section 255.0525, Florida 
4945  Statutes, is amended to read: 
4946         255.0525 Advertising for competitive bids or proposals.— 
4947         (1) The solicitation of competitive bids or proposals for 
4948  any state construction project that is projected to cost more 
4949  than $200,000 must shall be publicly advertised once in the 
4950  Florida Administrative Weekly at least 21 days before prior to 
4951  the established bid opening. For state construction projects 
4952  that are projected to cost more than $500,000, the advertisement 
4953  must shall be published in the Florida Administrative Weekly at 
4954  least 30 days before prior to the established bid opening and at 
4955  least once in a newspaper of general circulation in the county 
4956  where the project is located at least 30 days before prior to 
4957  the established bid opening and at least 5 days before a prior 
4958  to any scheduled prebid conference. The bids or proposals must 
4959  shall be received and opened publicly at the location, date, and 
4960  time established in the bid or proposal advertisement. In cases 
4961  of emergency, the Secretary of Environmental Protection 
4962  Management Services may alter these the procedures required in 
4963  this section in any manner that is reasonable under the 
4964  emergency circumstances. 
4965         Section 148. Subsection (3) of section 255.248, Florida 
4966  Statutes, is amended to read: 
4967         255.248 Definitions; ss. 255.249 and 255.25.—As used in ss. 
4968  255.249 and 255.25, the term: 
4969         (3) “Department” means the Department of Environmental 
4970  Protection Management Services. 
4971         Section 149. Section 255.249, Florida Statutes, is amended 
4972  to read: 
4973         255.249 Department responsibilities of Management Services; 
4974  responsibility; department rules.— 
4975         (1) The department shall have responsibility and authority 
4976  for the custodial and preventive maintenance, repair, and 
4977  allocation of space of all buildings in the Florida Facilities 
4978  Pool and the grounds located adjacent thereto. 
4979         (2) The department shall require any state agency planning 
4980  to terminate a lease for the purpose of occupying space in a new 
4981  state-owned office building, the funds for which are 
4982  appropriated after June 30, 2000, to state why the proposed 
4983  relocation is in the best interest of the state. 
4984         (3)(a) The department shall, to the extent feasible, 
4985  coordinate the vacation of privately owned leased space with the 
4986  expiration of the lease on that space and, if when a lease is 
4987  terminated before expiration of its base term, shall will make a 
4988  reasonable effort to place another state agency in the space 
4989  vacated. Any state agency may lease the space in any building 
4990  that was subject to a lease terminated by a state agency for a 
4991  period of time equal to the remainder of the base term without 
4992  the requirement of competitive solicitation. 
4993         (b) The department shall develop and implement a strategic 
4994  leasing plan. The strategic leasing plan must shall forecast 
4995  space needs for all state agencies and identify opportunities 
4996  for reducing costs through consolidation, relocation, 
4997  reconfiguration, capital investment, and the building or 
4998  acquisition of state-owned space. 
4999         (c) The department shall annually publish a master leasing 
5000  report. The department shall furnish the master leasing report 
5001  to the Executive Office of the Governor and the Legislature by 
5002  September 15 of each year which provides the following 
5003  information: 
5004         1. A list, by agency and by geographic market, of all 
5005  leases that are due to expire within 24 months. 
5006         2. Details of each lease, including location, size, cost 
5007  per leased square foot, lease-expiration date, and a 
5008  determination of whether sufficient state-owned office space 
5009  will be available at the expiration of the lease to accommodate 
5010  affected employees. 
5011         3. A list of amendments and supplements to and waivers of 
5012  terms and conditions in lease agreements that have been approved 
5013  pursuant to s. 255.25(2)(a) during the previous 12 months and an 
5014  associated comprehensive analysis, including financial 
5015  implications, showing that any amendment, supplement, or waiver 
5016  is in the state’s long-term best interest. 
5017         4. Financial impacts to the pool rental rate due to the 
5018  sale, removal, acquisition, or construction of pool facilities. 
5019         5. Changes in occupancy rate, maintenance costs, and 
5020  efficiency costs of leases in the state portfolio. Changes to 
5021  occupancy costs in leased space by market and changes to space 
5022  consumption by agency and by market. 
5023         6. An analysis of portfolio supply and demand. 
5024         7. Cost-benefit analyses of acquisition, build, and 
5025  consolidation opportunities, recommendations for strategic 
5026  consolidation, and strategic recommendations for disposition, 
5027  acquisition, and building. 
5028         8. The updated plan required by s. 255.25(4)(c). 
5029         (d) By June 30 of each year, each state agency shall 
5030  annually provide to the department all information regarding 
5031  agency programs affecting the need for or use of space by that 
5032  agency, reviews of lease-expiration schedules for each 
5033  geographic area, active and planned full-time equivalent data, 
5034  business case analyses related to consolidation plans by an 
5035  agency, a telecommuting program, and current occupancy and 
5036  relocation costs, inclusive of furnishings, fixtures and 
5037  equipment, data, and communications. 
5038         (4) The department shall adopt rules pursuant to chapter 
5039  120 providing: 
5040         (a) Methods for accomplishing the duties outlined in 
5041  subsection (1). 
5042         (b) Procedures for soliciting and accepting competitive 
5043  solicitations for leased space of 5,000 square feet or more in 
5044  privately owned buildings, for evaluating the proposals 
5045  received, for exemption from competitive solicitations 
5046  requirements of any lease the purpose of which is the provision 
5047  of care and living space for persons or emergency space needs as 
5048  provided in s. 255.25(10), and for the securing of at least 
5049  three documented quotes for a lease that is not required to be 
5050  competitively solicited. 
5051         (c) A standard method for determining square footage or any 
5052  other measurement used as the basis for lease payments or other 
5053  charges. 
5054         (d) Methods of allocating space in both state-owned office 
5055  buildings and privately owned buildings leased by the state 
5056  based on use, personnel, and office equipment. 
5057         (e)1. Acceptable terms and conditions for inclusion in 
5058  lease agreements. 
5059         2. Such terms and conditions must shall include, at a 
5060  minimum, the following clauses, which may not be amended, 
5061  supplemented, or waived: 
5062         1.a. As provided in s. 255.2502, “The State of Florida’s 
5063  performance and obligation to pay under this contract is 
5064  contingent upon an annual appropriation by the Legislature.” 
5065         2.b. “The Lessee shall have the right to terminate, without 
5066  penalty, this lease in the event a State-owned building becomes 
5067  available to the Lessee for occupancy upon giving 6 months’ 
5068  advance written notice to the Lessor by Certified Mail, Return 
5069  Receipt Requested.” 
5070         (f) Maximum rental rates, by geographic areas or by county, 
5071  for leasing privately owned space. 
5072         (g) A standard method for the assessment of rent to state 
5073  agencies and other authorized occupants of state-owned office 
5074  space, notwithstanding the source of funds. 
5075         (h) For full disclosure of the names and the extent of 
5076  interest of the owners holding a 4-percent or more interest in 
5077  any privately owned property leased to the state or in the 
5078  entity holding title to the property, for exemption from such 
5079  disclosure of any beneficial interest which is represented by 
5080  stock in any corporation registered with the Securities and 
5081  Exchange Commission or registered pursuant to chapter 517, which 
5082  stock is for sale to the general public, and for exemption from 
5083  such disclosure of any leasehold interest in property located 
5084  outside the territorial boundaries of the United States. 
5085         (i) For full disclosure of the names of all public 
5086  officials, agents, or employees holding any interest in any 
5087  privately owned property leased to the state or in the entity 
5088  holding title to the property, and the nature and extent of 
5089  their interest;, for exemption from such disclosure of any 
5090  beneficial interest which is represented by stock in any 
5091  corporation registered with the Securities and Exchange 
5092  Commission or registered pursuant to chapter 517, which stock is 
5093  for sale to the general public;, and for exemption from such 
5094  disclosure of any leasehold interest in property located outside 
5095  the territorial boundaries of the United States. 
5096         (j) A method for reporting leases for nominal or no 
5097  consideration. 
5098         (k) For a lease of less than 5,000 square feet, a method 
5099  for certification by the agency head or the agency head’s 
5100  designated representative that all criteria for leasing have 
5101  been fully complied with and for the filing of a copy of such 
5102  lease and all supporting documents with the department for its 
5103  review and approval as to technical sufficiency and whether it 
5104  is in the best interests of the state. 
5105         (l) A standardized format for state agency reporting of the 
5106  information required by paragraph (3)(d). 
5107         (5) The department shall prepare a form listing all 
5108  conditions and requirements adopted pursuant to this chapter 
5109  which must be met by any state agency leasing any building or 
5110  part thereof. Before executing any lease, this form must shall 
5111  be certified by the agency head or a designee the agency head’s 
5112  designated representative and submitted to the department. 
5113         (6) The department may contract for real estate consulting 
5114  or tenant brokerage services in order to carry out its duties 
5115  relating to the strategic leasing plan. The contract must shall 
5116  be procured pursuant to s. 287.057. The vendor that is awarded 
5117  the contract shall be compensated by the department, subject to 
5118  the provisions of the contract, and such compensation is subject 
5119  to appropriation by the Legislature. The real estate consultant 
5120  or tenant broker may not receive compensation directly from a 
5121  lessor for services that are rendered pursuant to the contract. 
5122  Moneys paid to the real estate consultant or tenant broker are 
5123  exempt from any charge imposed under s. 287.1345. Moneys paid by 
5124  a lessor to the department under a facility-leasing arrangement 
5125  are not subject to the charges imposed under s. 215.20. 
5126         Section 150. Paragraphs (a) and (d) of subsection (2), 
5127  paragraphs (b) and (h) of subsection (3), paragraph (c) of 
5128  subsection (4), and subsections (5), (6), and (10) of section 
5129  255.25, Florida Statutes, are amended to read: 
5130         255.25 Approval required prior to construction or lease of 
5131  buildings.— 
5132         (2)(a) Except as provided in s. 255.2501, a state agency 
5133  may not lease a building or any part thereof unless prior 
5134  approval of the lease conditions and of the need for the lease 
5135  therefor is first obtained from the department. An Any approved 
5136  lease may include an option to purchase or an option to renew 
5137  the lease, or both, upon such terms and conditions as are 
5138  established by the department subject to final approval by the 
5139  head of the department of Management Services and s. 255.2502. 
5140         (d) Notwithstanding paragraph (a) and except as provided in 
5141  ss. 255.249 and 255.2501, a state agency may not lease a 
5142  building or any part thereof unless prior approval of the lease 
5143  terms and conditions and of the need therefor is first obtained 
5144  from the department. The department may not approve any term or 
5145  condition in a lease agreement which has been amended, 
5146  supplemented, or waived unless a comprehensive analysis, 
5147  including financial implications, demonstrates that such 
5148  amendment, supplement, or waiver is in the state’s long-term 
5149  best interest. Any approved lease may include an option to 
5150  purchase or an option to renew the lease, or both, upon such 
5151  terms and conditions as are established by the department 
5152  subject to final approval by the head of the department of 
5153  Management Services and the provisions of s. 255.2502. 
5154         (3) 
5155         (b) The department may of Management Services shall have 
5156  the authority to approve a lease for 5,000 square feet or more 
5157  of space that covers more than 1 fiscal year, subject to the 
5158  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if 
5159  such lease is, in the judgment of the department, in the best 
5160  interests of the state. In determining best interest, the 
5161  department shall consider availability of state-owned space and 
5162  analyses of build-to-suit and acquisition opportunities. This 
5163  paragraph does not apply to buildings or facilities of any size 
5164  leased for the purpose of providing care and living space for 
5165  persons. 
5166         (h) The department of Management Services may, pursuant to 
5167  s. 287.042(2)(a), procure a term contract for real estate 
5168  consulting and brokerage services. A state agency may not 
5169  purchase services from the contract unless the contract has been 
5170  procured under s. 287.057(1), (2), or (3) after March 1, 2007, 
5171  and contains the following provisions or requirements: 
5172         1. Awarded brokers must maintain an office or presence in 
5173  the market served. In awarding the contract, preference must be 
5174  given to brokers that are licensed in this state under chapter 
5175  475 and that have 3 or more years of experience in the market 
5176  served. The contract may be made with up to three tenant brokers 
5177  in order to serve the marketplace in the north, central, and 
5178  south areas of the state. 
5179         2. Each contracted tenant broker shall work under the 
5180  direction, supervision, and authority of the state agency, 
5181  subject to the rules governing lease procurements. 
5182         3. The department shall provide training for the awarded 
5183  tenant brokers concerning the rules governing the procurement of 
5184  leases. 
5185         4. Tenant brokers must comply with all applicable 
5186  provisions of s. 475.278. 
5187         5. Real estate consultants and tenant brokers shall be 
5188  compensated by the state agency, subject to the provisions of 
5189  the term contract, and such compensation is subject to 
5190  appropriation by the Legislature. A real estate consultant or 
5191  tenant broker may not receive compensation directly from a 
5192  lessor for services that are rendered under the term contract. 
5193  Moneys paid to a real estate consultant or tenant broker are 
5194  exempt from any charge imposed under s. 287.1345. Moneys paid by 
5195  a lessor to the state agency under a facility leasing 
5196  arrangement are not subject to the charges imposed under s. 
5197  215.20. All terms relating to the compensation of the real 
5198  estate consultant or tenant broker must shall be specified in 
5199  the term contract and may not be supplemented or modified by the 
5200  state agency using the contract. 
5201         6. The department shall conduct periodic customer 
5202  satisfaction surveys. 
5203         7. Each state agency shall report the following information 
5204  to the department: 
5205         a. The number of leases that adhere to the goal of the 
5206  workspace-management initiative of 180 square feet per FTE. 
5207         b. The quality of space leased and the adequacy of tenant 
5208  improvement funds. 
5209         c. The timeliness of lease procurement, measured from the 
5210  date of the agency’s request to the finalization of the lease. 
5211         d. Whether cost-benefit analyses were performed before 
5212  execution of the lease in order to ensure that the lease is in 
5213  the best interest of the state. 
5214         e. The lease costs compared to market rates for similar 
5215  types and classifications of space according to the official 
5216  classifications of the Building Owners and Managers Association. 
5217         (4) 
5218         (c) Because the state has a substantial financial 
5219  investment in state-owned buildings, it is legislative policy 
5220  and intent that when state-owned buildings meet the needs of 
5221  state agencies, agencies must fully use such buildings before 
5222  leasing privately owned buildings. By September 15, 2006, The 
5223  department of Management Services shall create a 5-year plan for 
5224  implementing this policy. The department shall update this plan 
5225  annually, detailing proposed departmental actions to meet the 
5226  plan’s goals, and shall furnish this plan annually as part of 
5227  the master leasing report. 
5228         (5) Before construction or renovation of any state-owned 
5229  building or state-leased space is commenced, the department of 
5230  Management Services shall ascertain, by submission of proposed 
5231  plans to the Division of State Fire Marshal for review, that the 
5232  proposed construction or renovation plan complies with the 
5233  uniform firesafety standards required by the division of State 
5234  Fire Marshal. The review of construction or renovation plans for 
5235  state-leased space must shall be completed within 10 calendar 
5236  days after of receipt of the plans by the division of State Fire 
5237  Marshal. The review of construction or renovation plans for a 
5238  state-owned building must shall be completed within 30 calendar 
5239  days after of receipt of the plans by the division of State Fire 
5240  Marshal. The responsibility for submission and retrieval of the 
5241  plans called for in this subsection may shall not be imposed on 
5242  the design architect or engineer, but shall be the 
5243  responsibility of the two agencies. If Whenever the division of 
5244  State Fire Marshal determines that a construction or renovation 
5245  plan is not in compliance with such uniform firesafety 
5246  standards, the division of State Fire Marshal may issue an order 
5247  to cease all construction or renovation activities until 
5248  compliance is obtained, except those activities required to 
5249  achieve such compliance. The department of Management Services 
5250  shall withhold approval of any proposed lease until the 
5251  construction or renovation plan complies with the division’s 
5252  uniform firesafety standards of the Division of State Fire 
5253  Marshal. The cost of all modifications or renovations made for 
5254  the purpose of bringing leased property into compliance with the 
5255  uniform firesafety standards shall be borne by the lessor. 
5256         (6) Before construction or substantial improvement of any 
5257  state-owned building is commenced, the department of Management 
5258  Services must ascertain that the proposed construction or 
5259  substantial improvement complies with the flood plain management 
5260  criteria for mitigation of flood hazards, as prescribed in the 
5261  October 1, 1986, rules and regulations of the Federal Emergency 
5262  Management Agency, and the department shall monitor the project 
5263  to assure compliance with the criteria. In accordance with 
5264  chapter 120, The department of Management Services shall adopt 
5265  any necessary rules necessary to ensure that all such proposed 
5266  state construction and substantial improvement of state 
5267  buildings in designated flood-prone areas complies with the 
5268  flood plain management criteria. If Whenever the department 
5269  determines that a construction or substantial improvement 
5270  project is not in compliance with the established flood plain 
5271  management criteria, the department may issue an order to cease 
5272  all construction or improvement activities until compliance is 
5273  obtained, except those activities required to achieve such 
5274  compliance. 
5275         (10) The department of Management Services may approve 
5276  emergency acquisition of space without competitive bids if 
5277  existing state-owned or state-leased space is destroyed or 
5278  rendered uninhabitable by an act of God, fire, malicious 
5279  destruction, or structural failure, or by legal action, if the 
5280  chief administrator of the state agency or the chief 
5281  administrator’s designee designated representative certifies in 
5282  writing that no other agency-controlled space is available to 
5283  meet this emergency need, but in no case shall the lease for 
5284  such space exceed 11 months. If the lessor elects not to replace 
5285  or renovate the destroyed or uninhabitable facility, the agency 
5286  shall procure the needed space by competitive bid in accordance 
5287  with s. 255.249(4)(b). If the lessor elects to replace or 
5288  renovate the destroyed or uninhabitable facility and the 
5289  construction or renovations will not be complete at the end of 
5290  the 11-month lease, the agency may modify the lease to extend it 
5291  on a month-to-month basis for an additional 6 months to allow 
5292  completion of such construction or renovations. 
5293         Section 151. Subsections (1) and (2) of section 255.25001, 
5294  Florida Statutes, are amended to read: 
5295         255.25001 Suspension or delay of specified functions, 
5296  programs, and requirements relating to governmental operations. 
5297  Notwithstanding the provisions of: 
5298         (1) Section 946.504(3), as amended by chapter 92-279, Laws 
5299  of Florida, the Department of Environmental Protection is 
5300  Management Services shall not be required to participate with 
5301  the Department of Corrections in the correctional work program 
5302  (PRIDE) leasing process. 
5303         (2) Sections 253.025 and 255.25, the Department of 
5304  Environmental Protection may adopt Management Services has the 
5305  authority to promulgate rules pursuant to chapter 120 to be used 
5306  in determining whether a lease-purchase of a state-owned office 
5307  building is in the best interests of the state, which rules 
5308  provide: 
5309         (a) Procedures state agencies shall will follow to certify 
5310  the need for a lease-purchase acquisition for a state-owned 
5311  office building to the department of Management Services and a 
5312  notification procedure of the department’s decision regarding 
5313  state agencies’ requests for a lease-purchase agreement. The 
5314  certification process shall include but not be limited to the 
5315  following: 
5316         1. Current programmatic space requirements of the state 
5317  agency. 
5318         2. Future programmatic space requirements of the state 
5319  agency. 
5320         3. Time considerations in providing state-owned office 
5321  building space. 
5322         4. An analysis of existing leases affected by the lease 
5323  purchase agreement. 
5324         (b) Procedures and document formats for the advertisement, 
5325  competitive bid process, including format of submissions, and 
5326  evaluation of lease-purchase acquisition proposals for state 
5327  owned office buildings. The evaluation process shall include but 
5328  not be limited to the following: 
5329         1. A consideration of the cost of comparable operating 
5330  leases. 
5331         2. The appraised value of the facility as required by s. 
5332  253.025. 
5333         3. A present value analysis of the proposed payment stream. 
5334         4. The cost of financing the facility to be acquired. 
5335         5. The cost to repair identified physical defects. 
5336         6. The cost to remove identified hazardous substances. 
5337         7. An energy analysis. 
5338         8. A determination of who is responsible for management and 
5339  maintenance activities. 
5340 
5341  In order to minimize the cost of the evaluation process, the 
5342  department of Management Services may develop a multistage 
5343  evaluation process to identify the most cost-efficient proposals 
5344  for extensive evaluation. The studies developed as a result of 
5345  this evaluation process are shall be considered confidential and 
5346  exempt from the provisions of s. 119.07(1) to the same extent 
5347  that appraisal reports are considered confidential and exempt 
5348  from the provisions of s. 119.07(1) as provided in s. 
5349  253.025(6)(d). 
5350         (c) Acceptable terms and conditions for inclusion in lease 
5351  purchase agreements, which shall include, but are not be limited 
5352  to: 
5353         1. The assignment of the lease-purchase agreement to other 
5354  governmental entities, including accumulated equity. 
5355         2. The ability of the acquiring state agency to sublease up 
5356  to 25 percent of a portion of the facility, not to exceed 25 
5357  percent, to other governmental entities. These subleases must 
5358  shall provide for the recovery of the agencies’ cost of 
5359  operations and maintenance. 
5360 
5361  The execution of a lease-purchase is conditioned upon a finding 
5362  by the Department of Environmental Protection Management 
5363  Services that it would be in the best interests of the state. 
5364  The language in This subsection shall be considered specific 
5365  authorization for a lease-purchase pursuant to s. 255.25(1)(c) 
5366  upon the department’s Department of Management Services’ 
5367  certification that the lease-purchase is in the best interests 
5368  of the state. Thereafter, the agency may is authorized to enter 
5369  into a lease-purchase agreement and to expend operating funds 
5370  for lease-purchase payments. Any facility that which is acquired 
5371  pursuant to the processes authorized by this subsection is shall 
5372  be considered to be a “state-owned office building” and a 
5373  “state-owned building” as those terms are applied in ss. 
5374  255.248-255.25. 
5375         (d) That any costs resulting from the processes authorized 
5376  by this subsection, including but not limited to appraisals, 
5377  environmental analyses, and any other studies that which may be 
5378  required under these provisions, shall be borne by the owner of 
5379  the property that which is the subject of the proposed lease 
5380  purchase. 
5381         Section 152. Subsection (5) of section 255.252, Florida 
5382  Statutes, is amended to read: 
5383         255.252 Findings and intent.— 
5384         (5) Each state agency occupying space within buildings 
5385  owned or managed by the Department of Environmental Protection 
5386  Management Services must identify and compile a list of projects 
5387  determined to be suitable for a guaranteed energy, water, and 
5388  wastewater performance savings contract pursuant to s. 489.145. 
5389  The list of projects compiled by each state agency shall be 
5390  submitted to the department of Management Services by December 
5391  31, 2008, and must include all criteria used to determine 
5392  suitability. The list of projects shall be developed from the 
5393  list of state-owned facilities more than 5,000 square feet in 
5394  area and for which the state agency is responsible for paying 
5395  the expenses of utilities and other operating expenses as they 
5396  relate to energy use. In consultation with the head of each 
5397  state agency, by July 1, 2009, the department shall prioritize 
5398  all projects deemed suitable by each state agency and shall 
5399  develop an energy-efficiency project schedule based on factors 
5400  such as project magnitude, efficiency and effectiveness of 
5401  energy conservation measures to be implemented, and other 
5402  factors that may prove to be advantageous to pursue. The 
5403  schedule shall provide the deadline for guaranteed energy, 
5404  water, and wastewater performance savings contract improvements 
5405  to be made to the state-owned buildings. 
5406         Section 153. Subsection (1) of section 255.253, Florida 
5407  Statutes, is amended to read: 
5408         255.253 Definitions; ss. 255.251-255.258.— 
5409         (1) “Department” means the Department of Environmental 
5410  Protection Management Services. 
5411         Section 154. Subsection (3) of section 255.257, Florida 
5412  Statutes, is amended to read: 
5413         255.257 Energy management; buildings occupied by state 
5414  agencies.— 
5415         (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The 
5416  department of Management Services shall develop a state energy 
5417  management plan consisting of, but not limited to, the following 
5418  elements: 
5419         (a) Data-gathering requirements; 
5420         (b) Building energy audit procedures; 
5421         (c) Uniform data analysis procedures; 
5422         (d) Employee energy education program measures; 
5423         (e) Energy consumption reduction techniques; 
5424         (f) Training program for state agency energy management 
5425  coordinators; and 
5426         (g) Guidelines for building managers. 
5427 
5428  The plan must shall include a description of actions that state 
5429  agencies shall take to reduce consumption of electricity and 
5430  nonrenewable energy sources used for space heating and cooling, 
5431  ventilation, lighting, water heating, and transportation. 
5432         Section 155. Subsection (2) of section 255.2575, Florida 
5433  Statutes, is amended to read: 
5434         255.2575 Energy-efficient and sustainable buildings.— 
5435         (2) All county, municipal, school district, water 
5436  management district, state university, community college, and 
5437  Florida state court buildings shall be constructed to meet the 
5438  United States Green Building Council (USGBC) Leadership in 
5439  Energy and Environmental Design (LEED) rating system, the Green 
5440  Building Initiative’s Green Globes rating system, the Florida 
5441  Green Building Coalition standards, or a nationally recognized, 
5442  high-performance green building rating system as approved by the 
5443  department of Management Services. This section applies shall 
5444  apply to all county, municipal, school district, water 
5445  management district, state university, community college, and 
5446  Florida state court buildings the architectural plans of which 
5447  are commenced after July 1, 2008. 
5448         Section 156. Subsections (2) and (3) of section 255.259, 
5449  Florida Statutes, are amended to read: 
5450         255.259 Florida-friendly landscaping on public property.— 
5451         (2) As used in this section, “publicly owned buildings or 
5452  facilities” means construction projects under the purview of the 
5453  Department of Environmental Protection Management Services. The 
5454  term does not include environmentally endangered land or roads 
5455  and highway construction under the purview of the Department of 
5456  Transportation. 
5457         (3) The Department of Management Services, in consultation 
5458  with the Department of Environmental Protection, shall adopt 
5459  rules and guidelines for the required use of Florida-friendly 
5460  landscaping on public property associated with publicly owned 
5461  buildings or facilities constructed after June 30, 2009. The 
5462  department of Management Services shall also develop a 5-year 
5463  program for phasing in the use of Florida-friendly landscaping 
5464  on public property associated with publicly owned buildings or 
5465  facilities constructed before July 1, 2009. In accomplishing 
5466  these tasks, the department of Management Services shall take 
5467  into account the standards provided in s. 373.185. The 
5468  Department of Transportation shall implement Florida-friendly 
5469  landscaping pursuant to s. 335.167. 
5470         Section 157. Paragraphs (c) and (d) of subsection (1) of 
5471  section 255.28, Florida Statutes, are amended to read: 
5472         255.28 Department authority to acquire land with or for 
5473  facility thereon.— 
5474         (1) For the purposes of this section: 
5475         (c) “Building” or “facility” means those construction 
5476  projects under the purview of the department of Management 
5477  Services. It shall not include Environmentally endangered land, 
5478  recreational land, or roads and highway construction under the 
5479  purview of the Department of Transportation are not included. 
5480         (d) “Department” means the Department of Environmental 
5481  Protection Management Services. 
5482         Section 158. Section 255.29, Florida Statutes, is amended 
5483  to read: 
5484         255.29 Construction contracts; department rules.—The 
5485  Department of Environmental Protection Management Services shall 
5486  establish by rule, through the adoption of administrative rules 
5487  as provided in chapter 120: 
5488         (1) Procedures for determining the qualifications and 
5489  responsibility of potential bidders before prior to 
5490  advertisement for and receipt of bids for building construction 
5491  contracts, including procedures for the rejection of bidders who 
5492  are reasonably determined from prior experience to be 
5493  unqualified or irresponsible to perform the work required by a 
5494  proposed contract. 
5495         (2) Procedures for awarding each state agency construction 
5496  project to the lowest qualified bidder as well as procedures to 
5497  be followed when in cases in which the department of Management 
5498  Services declares the existence of a valid emergency that 
5499  necessitates to exist which would necessitate the waiver of the 
5500  rules governing the awarding of state construction contracts to 
5501  the lowest qualified bidder. 
5502         (3) Procedures to govern negotiations for construction 
5503  contracts and modifications to contract documents if when such 
5504  negotiations are determined by the secretary of the department 
5505  of Management Services to be in the best interest of the state. 
5506         (4) Procedures for entering into performance-based 
5507  contracts for the development of public facilities when the 
5508  department of Management Services determines the use of such 
5509  contracts to be in the best interest of the state. The 
5510  procedures must shall include, but are not limited to: 
5511         (a) Prequalification of bidders; 
5512         (b) Criteria to be used in developing requests for 
5513  proposals which may provide for singular responsibility for 
5514  design and construction, developer flexibility in material 
5515  selection, construction techniques, and application of state-of 
5516  the-art improvements; 
5517         (c) Accelerated scheduling, including the development of 
5518  plans, designs, and construction simultaneously; and 
5519         (d) Evaluation of proposals and award of contracts 
5520  considering such factors as price, quality, and concept of the 
5521  proposal. 
5522         Section 159. Subsection (1) of section 255.30, Florida 
5523  Statutes, is amended to read: 
5524         255.30 Fixed capital outlay projects; department rules; 
5525  delegation of supervisory authority; delegation of 
5526  responsibility for accounting records.— 
5527         (1) The Department of Environmental Protection Management 
5528  Services shall make and adopt rules pursuant to chapter 120 in 
5529  order to establish a procedure for delegating to state agencies 
5530  its supervisory authority as it relates to the repair, 
5531  alteration, and construction of fixed capital outlay projects. 
5532         Section 160. Section 255.31, Florida Statutes, is amended 
5533  to read: 
5534         255.31 Authority to the Department of Management Services 
5535  to manage construction projects for state and local 
5536  governments.— 
5537         (1) The design, construction, erection, alteration, 
5538  modification, repair, and demolition of all public and private 
5539  buildings are governed by the Florida Building Code and the 
5540  Florida Fire Prevention Code, which are to be enforced by local 
5541  jurisdictions or local enforcement districts unless specifically 
5542  exempted as provided in s. 553.80. However, the Department of 
5543  Environmental Protection Management Services shall provide the 
5544  project management and administration services for the 
5545  construction, renovation, repair, modification, or demolition of 
5546  buildings, utilities, parks, parking lots, or other facilities 
5547  or improvements for projects for which the funds are 
5548  appropriated to the department. However; provided that, with the 
5549  exception of facilities constructed under the authority of 
5550  chapters 944, 945, and 985; the Governor’s mansion and grounds 
5551  thereof, as described in s. 272.18; and the Capitol Building and 
5552  environs, being that part of the City of Tallahassee bounded on 
5553  the north by Pensacola and Jefferson Streets, on the east by 
5554  Monroe Street, on the south by Madison Street, and on the west 
5555  by Duval Street, the department may not conduct plans reviews or 
5556  inspection services for consistency with the Florida Building 
5557  Code. The department’s fees for such services shall be paid from 
5558  such appropriations. 
5559         (2) The Department of Environmental Protection Management 
5560  Services may, upon request, enter into contracts with other 
5561  state agencies under which the department may provide the 
5562  project management, administration services, or assistance for 
5563  the construction, renovation, repair, modification, or 
5564  demolition of buildings, utilities, parks, parking lots, or 
5565  other facilities or improvements for projects for which the 
5566  funds are appropriated to other state agencies; however, 
5567  provided that the department may does not conduct plans reviews 
5568  or inspection services for consistency with the Florida Building 
5569  Code. The contracts must shall provide for payment of fees to 
5570  the department. 
5571         (3) This section may shall not be construed to be in 
5572  derogation of any authority conferred on the department by other 
5573  provisions of law. 
5574         Section 161. Paragraph (d) of subsection (1) of section 
5575  255.32, Florida Statutes, is amended to read: 
5576         255.32 State construction management contracting.— 
5577         (1) As used in this section, the term: 
5578         (d) “Department” means the Department of Environmental 
5579  Protection Management Services. 
5580         Section 162. Section 255.45, Florida Statutes, is amended 
5581  to read: 
5582         255.45 Correction of firesafety violations in certain 
5583  state-owned property.—The Department of Environmental Protection 
5584  Management Services is responsible for ensuring that firesafety 
5585  violations that are noted by the State Fire Marshal pursuant to 
5586  s. 633.085 are corrected as soon as practicable for all state 
5587  owned property which is leased from the department of Management 
5588  Services. 
5589         Section 163. Section 255.451, Florida Statutes, is amended 
5590  to read: 
5591         255.451 Electronic firesafety and security system.—The 
5592  management responsibility of the electronic firesafety and 
5593  security system located within the Capitol and any associated 
5594  system associated therewith is vested in the Department of 
5595  Environmental Protection Management Services. 
5596         Section 164. Present subsections (6) through (18) of 
5597  section 255.502, Florida Statutes, are redesignated as 
5598  subsections (7) through (15), a new subsection (6) is added to 
5599  that section, and paragraphs (c), (d), and (l) of subsections 
5600  (2), and present subsections (5), (7), (10), (12), (14), and 
5601  (16) of that section, are amended to read: 
5602         255.502 Definitions; ss. 255.501-255.525.—As used in this 
5603  act, the following words and terms shall have the following 
5604  meanings unless the context otherwise requires: 
5605         (2) “Acquisition costs” means all reasonable and necessary 
5606  costs incurred in the acquisition of a facility, which costs may 
5607  include, but are not limited to: 
5608         (c) Any expenses relating to the issuance of the 
5609  obligations by the division in the name and on behalf of the 
5610  department of Management Services, including, but not limited 
5611  to, private placement fees, underwriting fees, original issue 
5612  discounts, rating agency fees, and other necessary fees. 
5613         (d) Fees in connection with the planning, execution, and 
5614  financing of a project, such as those of architects, engineers, 
5615  attorneys, feasibility consultants, financial advisers, 
5616  accountants, and the department of Management Services, 
5617  including the allocable portions of direct costs of the 
5618  department of Management Services and the lessee agencies. 
5619         (l) The reimbursement of all moneys advanced or supplied to 
5620  or borrowed by the department of Management Services or others 
5621  for the payment of any item of cost of a facility. 
5622         (5) “Debt service charges” means, collectively, principal, 
5623  including mandatory sinking fund requirements and the accretion 
5624  portion of any capital appreciation bonds for retirement of 
5625  obligations, interest, redemption premium, if any, required to 
5626  be paid by the department of Management Services on obligations 
5627  issued under this act and any obligation administrative fees. 
5628         (6) “Department” means the Department of Environmental 
5629  Protection. 
5630         (8)(7) “Eligible facility” means all state-owned facilities 
5631  under the jurisdiction of the department of Management Services 
5632  and all other state-owned facilities except those having less 
5633  than 3,000 square feet. 
5634         (11)(10) “Obligation administrative fees” means any 
5635  periodic expense, charge, or cost relating to or incurred in 
5636  connection with remarketing of obligations such as remarketing 
5637  agent or indexing agent fees and any periodic expense, charge, 
5638  or cost related to any obligations or to credit enhancements or 
5639  liquidity features, including, but not limited to, letter of 
5640  credit fees, whether direct pay or standby, swap agent fees and 
5641  similar expenses, periodic fees and expenses, if any, of 
5642  trustees, depositories, registrars, book entry registrars and 
5643  paying agents, and any allowances established by the department 
5644  of Management Services for working capital, contingency 
5645  reserves, and reserves for any anticipated operating deficits 
5646  during each fiscal year. 
5647         (13)(12) “Pool pledged revenues” means all legislative 
5648  appropriations and all fees, charges, revenues, or receipts 
5649  derived by the department of Management Services from the 
5650  operation, leasing, or other disposition of facilities in the 
5651  pool, and the proceeds of obligations issued under this act, 
5652  including and shall include any moneys appropriated to an agency 
5653  for the purpose of making such rental payments, rental payments 
5654  received with respect to such facilities from whatever sources, 
5655  and receipts therefrom, and investment of any such moneys 
5656  pursuant to this act, all as are available for the payment of 
5657  debt service charges on such obligations as are issued with 
5658  respect to the pool. 
5659         (15)(14) “Qualified facility” means an eligible facility 
5660  that which is either: 
5661         (a) Structurally sound and is in a satisfactory state of 
5662  repair; 
5663         (b) Determined by the department of Management Services to 
5664  be suitable for entry into the pool although not meeting the 
5665  requirements of paragraph (a); or 
5666         (c) Under the jurisdiction of the department of Management 
5667  Services. 
5668         (17)(16) “Revenue bonds” means any bonds, debentures, 
5669  notes, certificates, or other evidences of financial 
5670  indebtedness, whether certificated or noncertificated, issued by 
5671  the division on behalf of the department of Management Services 
5672  under and pursuant to this act, including, but not limited to, 
5673  variable rate obligations, designated maturity obligations, 
5674  capital appreciation bonds, original issue discount bonds, and 
5675  multimodal instruments or obligations, or instruments combining 
5676  any of the foregoing. 
5677         Section 165. Section 255.503, Florida Statutes, is amended 
5678  to read: 
5679         255.503 Powers of the Department of Environmental 
5680  Protection Management Services.—The department is authorized of 
5681  Management Services shall have all the authority necessary to 
5682  carry out and effectuate the purposes and provisions of this 
5683  act, including, but not limited to, the authority to: 
5684         (1) Collect reasonable rentals or charges for the use of 
5685  and services provided for facilities in the pool in accordance 
5686  with the provisions of this act exclusively for the purpose of 
5687  paying the expenses of improving, repairing, maintaining, and 
5688  operating facilities and paying debt service charges in 
5689  connection with its obligations. 
5690         (2) Prescribe for the use of facilities in the pool, 
5691  prescribe the amount of rentals or charges, and make and enter 
5692  into contracts with any political subdivision or agency, for the 
5693  use of and services provided for such facilities. 
5694         (3) Acquire facilities pursuant to s. 11(f), Art. VII of 
5695  the State Constitution and own, operate, and finance such 
5696  facilities in accordance with this act through the issuance of 
5697  obligations by the division under this act; to use utilize 
5698  rentals or charges from such facilities, as well as any 
5699  appropriated state or other public funds; and to pledge revenue 
5700  from such facilities to finance the acquisition of facilities 
5701  pursuant to the provisions of this act. 
5702         (4) Operate existing state-owned facilities in the pool and 
5703  to pledge rentals or charges for such facilities to finance the 
5704  acquisition of facilities pursuant to the provisions of this 
5705  act. 
5706         (5) Pledge, hypothecate, or otherwise encumber rentals or 
5707  charges as may be agreed as security for obligations issued 
5708  under this act and enter into trust agreements or indentures for 
5709  the benefit of the holders of such obligations. 
5710         (6) Borrow money or accept advances, loans, gifts, grants, 
5711  devises, or bequests from any legal source; enter into contracts 
5712  or agreements with any party; and hold and apply advances, 
5713  loans, gifts, grants, devises, or bequests according to the 
5714  terms thereof. Such advances, loans, gifts, grants, devises, or 
5715  bequests of real estate may be in fee simple or of any lesser 
5716  estate and may be subject to any reasonable reservations. Any 
5717  advances or loans received from any source may be repaid in 
5718  accordance with the terms of such advance or loan. 
5719         (7)(a) Sell, lease, release, or otherwise dispose of 
5720  facilities in the pool in accordance with applicable law. 
5721         (b) Upon determining No later than the date upon which the 
5722  department recommends to the Division of State Lands of the 
5723  Department of Environmental Protection the disposition of any 
5724  facility within the Florida Facilities Pool, the department 
5725  shall provide to the President of the Senate, the Speaker of the 
5726  House of Representatives, the Executive Office of the Governor, 
5727  and the Division of Bond Finance of the State Board of 
5728  Administration an analysis that includes: 
5729         1. The cost benefit of the proposed facility disposition, 
5730  including the facility’s current operating expenses, condition, 
5731  and market value, and viable alternatives for work space for 
5732  impacted state employees. 
5733         2. The effect of the proposed facility disposition on the 
5734  financial status of the Florida Facilities Pool, including the 
5735  effect on rental rates and coverage requirement for the bonds. 
5736 
5737  This paragraph expires July 1, 2010. 
5738         (8) Create and establish funds and accounts for the purpose 
5739  of debt service reserves, for the matching of the timing and the 
5740  amount of available funds and debt service charges, for sinking 
5741  funds, for capital depreciation reserves, for operating 
5742  reserves, for capitalized interest and moneys not required for 
5743  immediate disbursement to acquire all or a portion of any 
5744  facility, and for any other reserves, funds, or accounts 
5745  reasonably necessary to carry out the provisions of this act and 
5746  to invest in authorized investments any moneys held in such 
5747  funds and accounts if, provided such investments will be made on 
5748  behalf of the department of Management Services by the State 
5749  Board of Administration or the Chief Financial Officer, as 
5750  appropriate. 
5751         (9) Engage the services of consultants for rendering 
5752  professional and technical assistance and advice and to engage 
5753  services of professionals in connection with the acquisition or 
5754  financing of any facility or the operation and activities of the 
5755  department of Management Services, including attorneys, 
5756  auditors, consultants, and accountants. 
5757         (10) Lease all or any portion of any facility to an agency 
5758  or to any political subdivision. 
5759         (11) Adopt Promulgate all rules necessary to administer 
5760  implement the provisions of this act. 
5761         (12) Do all other acts reasonably necessary to carry out 
5762  the provisions of this act. 
5763         Section 166. Subsection (1) of section 255.504, Florida 
5764  Statutes, is amended to read: 
5765         255.504 Use of facilities.— 
5766         (1) Any facility that which is acquired and approved 
5767  pursuant to s. 11(f), Art. VII of the State Constitution and 
5768  financed under this act, and any facility in the pool shall be 
5769  occupied to the extent that space is available, by agencies as 
5770  authorized by the department of Management Services. 
5771         Section 167. Section 255.505, Florida Statutes, is amended 
5772  to read: 
5773         255.505 Creation of the pool.—The department of Management 
5774  Services is hereby authorized and directed to create the Florida 
5775  Facilities Pool in order for that agencies to may participate, 
5776  and thereby pool the rentals to be paid by such agencies, at 
5777  uniform rates with additional charges for services provided, and 
5778  to authorize the issuance of obligations secured by and payable 
5779  from such rentals and charges. Participation in the pool must 
5780  shall be in accordance with the provisions of this act. 
5781         Section 168. Subsections (1), (3), and (4) of section 
5782  255.506, Florida Statutes, are amended to read: 
5783         255.506 Facilities in pool.—The following facilities shall 
5784  be entered into the pool: 
5785         (1) All existing state-owned facilities under the 
5786  jurisdiction of the department of Management Services shall be 
5787  entered into the pool upon the creation of the pool. 
5788         (3) Any agency may submit all, but not less than all, of 
5789  the eligible facilities under its jurisdiction for entry into 
5790  the pool. Each of such eligible facilities which is determined 
5791  by the department of Management Services to be a qualified 
5792  facility shall be entered into the pool upon such determination. 
5793         (4) Any agency that which requests the issuance of 
5794  obligations under this act for the financing of the acquisition 
5795  of a facility shall submit all, but not less than all, of the 
5796  eligible facilities under its jurisdiction for entry into the 
5797  pool. Each of such eligible facilities which is determined by 
5798  the department of Management Services to be a qualified facility 
5799  shall be entered into the pool upon such a determination. 
5800         Section 169. Section 255.507, Florida Statutes, is amended 
5801  to read: 
5802         255.507 Determination of qualified facilities.—The 
5803  Department of Management Services, In making determinations 
5804  under s. 255.502(15)(b) 255.502(14)(b), the department shall 
5805  determine a facility to be a qualified facility if the facility 
5806  meets one either of the following standards: 
5807         (1) The facility is in compliance with the firesafety 
5808  standards established by the State Fire Marshal for state-owned 
5809  buildings, is in compliance with flood management criteria if it 
5810  is located in a flood-prone area, and is in good operating 
5811  condition in relation to its intended use. 
5812         (2) The facility’s economic benefit to the pool will be 
5813  equal to or greater than the cost of restoring the facility to 
5814  the condition described in subsection (1). For purposes of this 
5815  subsection, achieving such economic benefit means that the rent 
5816  to be paid by the occupants of the facility will be adequate to 
5817  repay the restoration costs within 5 years. 
5818         Section 170. Section 255.508, Florida Statutes, is amended 
5819  to read: 
5820         255.508 Participation in pool.—To participate in the pool, 
5821  an agency head shall submit a request to the department of 
5822  Management Services and to the division pursuant to rules 
5823  adopted by the department of Management Services pursuant to 
5824  this act. 
5825         Section 171. Section 255.509, Florida Statutes, is amended 
5826  to read: 
5827         255.509 Request for advisory statement.— 
5828         (1) Any agency may request from the Department of 
5829  Management Services an advisory statement from the department 
5830  which states shall state the estimated pool rental rate that 
5831  which would be assessed under current conditions for the 
5832  agency’s facilities if entered into the pool. The request for an 
5833  advisory statement must shall contain a description of each 
5834  eligible facility under the jurisdiction of the agency or to be 
5835  acquired by the agency. 
5836         (2) In rendering such advisory statement, the department of 
5837  Management Services shall consult with the division and is shall 
5838  be entitled to rely upon financial advisers or other 
5839  professionals and may assume whatever method of financing that 
5840  the division deems cost-effective. 
5841         Section 172. Section 255.51, Florida Statutes, is amended 
5842  to read: 
5843         255.51 Determination of rental rates.—The department of 
5844  Management Services shall determine and establish rental rates 
5845  charged and computed on a per square foot basis for all 
5846  facilities in the pool whether or not of new construction, and 
5847  such rates shall be applied uniformly to all agencies using or 
5848  occupying space in facilities in the pool with additional 
5849  charges based upon the elements of service and special requests 
5850  as provided. Separate rates and charges may be established for 
5851  warehouse space and parking space incidental to facilities in 
5852  the pool. 
5853         Section 173. Subsection (1) of section 255.511, Florida 
5854  Statutes, is amended to read: 
5855         255.511 Factors to be considered in establishing rental 
5856  rates.— 
5857         (1) The department of Management Services shall prepare a 
5858  complete annual budget for debt service on obligations issued 
5859  under this act and for capital depreciation reserve deposits and 
5860  expenses included in the operation and maintenance of each 
5861  facility in the pool. 
5862         Section 174. Section 255.513, Florida Statutes, is amended 
5863  to read: 
5864         255.513 Powers of the Division of Bond Finance and the 
5865  Department of Environmental Protection Management Services.—The 
5866  division of Bond Finance and the department of Management 
5867  Services are authorized to jointly: 
5868         (1) Engage the services of remarketing agents, indexing 
5869  agents, underwriters, financial advisers, special tax counsel, 
5870  bond counsel, or similar type services with respect to the 
5871  issuance of any obligations under this act. 
5872         (2) Procure credit enhancements such as municipal bond 
5873  insurance, debt service reserve insurance, lease payment 
5874  insurance, letters of credit or liquidity facilities such as 
5875  letters of credit or surety bonds, or to enter into rate 
5876  protection agreements, such as interest rate swaps or similar 
5877  arrangements, in conjunction with the issuance of any 
5878  obligations under this act. 
5879         Section 175. Section 255.514, Florida Statutes, is amended 
5880  to read: 
5881         255.514 Division of Bond Finance; revenue bonds.—The 
5882  division is authorized to issue obligations under this act on 
5883  behalf of and at the request of the department of Management 
5884  Services. 
5885         Section 176. Section 255.515, Florida Statutes, is amended 
5886  to read: 
5887         255.515 Issuance of obligations by the division.—With 
5888  respect to the issuance of any obligations under this act, the 
5889  division may shall be entitled to use such method of financing 
5890  or combination of methods of financing as it deems appropriate 
5891  to result in cost-effective financing. The division may shall be 
5892  entitled to rely upon the advice of financial advisers and other 
5893  professionals retained jointly by the department of Management 
5894  Services and the division for such purposes. 
5895         Section 177. Section 255.517, Florida Statutes, is amended 
5896  to read: 
5897         255.517 Anticipation obligations.—To provide funds for the 
5898  purposes of this act, and before prior to the delivery of an 
5899  issue of revenue bonds for the purposes of this act, the 
5900  division may, on behalf of the department of Management 
5901  Services, from time to time, by resolution, anticipate the 
5902  issuance of such revenue bonds by the issuance of revenue notes, 
5903  including commercial paper notes in the form of bond 
5904  anticipation notes, with or without coupons, exchangeable for 
5905  the revenue bonds when such revenue bonds have been executed and 
5906  are available for delivery, or to be paid, together with 
5907  interest and premium, if any, from the proceeds of the sale of 
5908  such revenue bonds or a renewal issue of revenue notes, 
5909  including commercial paper notes in the form of bond 
5910  anticipation notes. In connection with such revenue notes, the 
5911  department of Management Services may covenant to do all things 
5912  necessary to authorize the issuance of the obligations and shall 
5913  make the exchange or application of the proceeds pursuant to its 
5914  agreements. Such revenue notes and, in the case of commercial 
5915  paper notes, the latest maturity thereof may not shall mature 
5916  not later than 5 years from the date of issue of the original 
5917  revenue notes and shall bear such other terms and shall be 
5918  executed and sold in the manner authorized by the division and 
5919  not prohibited by this act. 
5920         Section 178. Subsections (1) and (2), paragraphs (b) and 
5921  (c) of subsection (5), paragraphs (a), (d), (e), and (f) of 
5922  subsection (6), paragraph (a) of subsection (7), and subsections 
5923  (8), (10), (11), (12), and (13) of section 255.518, Florida 
5924  Statutes, are amended to read: 
5925         255.518 Obligations; purpose, terms, approval, 
5926  limitations.— 
5927         (1)(a) The issuance of obligations shall provide sufficient 
5928  funds to achieve the purposes of this act; pay interest on 
5929  obligations except as provided in paragraph (b); pay expenses 
5930  incident to the issuance and sale of any obligations issued 
5931  pursuant to this act, including costs of validating, printing, 
5932  and delivering the obligations, printing the official statement, 
5933  publishing notices of sale of the obligations, and related 
5934  administrative expenses; pay building acquisition and 
5935  construction costs; and pay all other capital expenditures of 
5936  the department of Management Services and the division incident 
5937  to and necessary to carry out the purposes and powers granted by 
5938  this act, subject to the provisions of s. 11(f), Art. VII of the 
5939  State Constitution and the applicable provisions of the State 
5940  Bond Act. Such obligations are shall be payable solely from the 
5941  pool pledged revenues identified to such obligation. 
5942         (a) Proceeds of obligations may not be used to pay building 
5943  acquisition or construction costs for any facility until the 
5944  Legislature has appropriated funds from other sources estimated 
5945  to be necessary for all costs relating to the initial planning, 
5946  preliminary design and programming, and land acquisition for 
5947  such facility and until such planning, design, and land 
5948  acquisition activities have been completed. Obligation proceeds 
5949  for building construction, renovation, or acquisition shall be 
5950  requested for appropriation in any fiscal year by the department 
5951  of Management Services only if the department estimates that 
5952  such construction, renovation, or acquisition can be initiated 
5953  during such fiscal year. 
5954         (b) Payment of debt service charges on obligations during 
5955  the construction of any facility financed by such obligations 
5956  shall be made from funds other than proceeds of obligations. 
5957         (2) All obligations authorized by this act shall be issued 
5958  on behalf of and in the name of the Department of Management 
5959  Services by the division as provided by this act, with a term of 
5960  not more than 30 years and, except as otherwise provided herein, 
5961  in such principal amounts as shall be necessary to provide 
5962  sufficient funds to achieve the purposes of this act. 
5963         (5) Any resolution or resolutions authorizing any 
5964  obligations issued pursuant to this act shall provide that: 
5965         (b) The department of Management Services shall maintain 
5966  all facilities in the pool in a satisfactory state of repair, 
5967  subject to such exceptions as are determined by the department 
5968  of Management Services, provided that such exceptions do not 
5969  result in breach of any rate covenant in connection with the 
5970  obligations. 
5971         (c) The department of Management Services shall establish 
5972  pool rental rates in amounts so that the annualized amount of 
5973  pool pledged revenues for the then-current bond year is shall be 
5974  at least equal to the aggregate of 110 percent of debt services 
5975  charges, plus 100 percent of capital depreciation reserve 
5976  deposits, plus 100 percent of costs of operations and 
5977  maintenance, if any, in each case as shown in the annual budget 
5978  required pursuant to this act. 
5979         (6) Any resolution authorizing any obligations issued 
5980  pursuant to this act may contain provisions, without limitation, 
5981  which shall be a part of the contract with the holders thereof, 
5982  as to: 
5983         (a) Pledging all or any part of the assets of the 
5984  department of Management Services securing the same, including 
5985  leases with respect to all or any part of a facility, to secure 
5986  the payment of obligations, subject to any existing such 
5987  agreements with holders of obligations as may then exist. 
5988         (d) Vesting in the State Board of Administration such 
5989  property, rights, powers, and duties in trust as the division 
5990  and the department of Management Services may determine, and 
5991  limiting or abrogating the right of holders of obligations to 
5992  appoint a trustee under this act or limiting the rights, powers, 
5993  and duties of such trustee. 
5994         (e) Defining the acts or omissions to act which shall 
5995  constitute a default in the obligations and duties of the 
5996  division and the department of Management Services to the 
5997  holders of obligations and providing for the rights and remedies 
5998  of holders of obligations in the event of such default, 
5999  including, as matter of right, the appointment of a receiver; 
6000  provided such rights and remedies are shall not be inconsistent 
6001  with state law the general laws of the state and the other 
6002  provisions of this act. 
6003         (f) Providing for the segregation of revenues payable to 
6004  the department of Management Services as rentals or charges 
6005  arising from facilities in the pool; providing for the handling 
6006  of such revenues and the remittance of all or a portion thereof 
6007  to the State Board of Administration or a paying agent; 
6008  providing for the establishment of debt service reserves, 
6009  capitalized interest accounts, capital depreciation reserve 
6010  accounts, and the calculation of the amounts to be deposited 
6011  therein; providing for the procurement of letters of credit or 
6012  municipal bond insurance or similar credit enhancements or of 
6013  letters of credit or similar liquidity facilities for the 
6014  benefit of holders of such obligations or for the entering into 
6015  of agreements with remarketing agents, tender agents, or 
6016  indexing agents or of reimbursement agreements with respect to 
6017  any of the foregoing concerning any such obligations. 
6018         (7)(a) The obligations issued by the division on behalf of 
6019  and in the name of the department of Management Services shall 
6020  be sold at public sale in the manner provided by the State Bond 
6021  Act. However,; provided that if the division determines shall 
6022  determine that a negotiated sale of the obligations is in the 
6023  best interest of the state, the division may negotiate for sale 
6024  of the obligations with the underwriter jointly designated by 
6025  the division and the department of Management Services. In 
6026  authorizing the negotiated sale, the division shall provide 
6027  specific findings as to the reasons for the negotiated sale. The 
6028  reasons shall include, but are not be limited to, 
6029  characteristics of the obligations to be issued and prevailing 
6030  market conditions that necessitate a negotiated sale. If In the 
6031  event the division negotiates for sale of obligations, the 
6032  managing underwriter, or financial consultant or adviser, if 
6033  applicable, shall provide to the division, before awarding prior 
6034  to the award of such obligations to the managing underwriter, a 
6035  disclosure statement containing the following information: 
6036         1. An itemized list setting forth the nature and estimated 
6037  amounts of expenses to be incurred by the managing underwriter 
6038  in connection with the issuance of such obligations. However 
6039  Notwithstanding the foregoing, any such list may include an item 
6040  for miscellaneous expenses, provided it includes only minor 
6041  items of expense which are not cannot be easily categorized 
6042  elsewhere in the statement. 
6043         2. The names, addresses, and estimated amounts of 
6044  compensation of any finders connected with the issuance of the 
6045  obligations. 
6046         3. The amount of underwriting spread expected to be 
6047  realized. 
6048         4. Any management fee charged by the managing underwriter. 
6049         5. Any other fee, bonus, or compensation estimated to be 
6050  paid by the managing underwriter in connection with the 
6051  obligations issued to any person not regularly employed or 
6052  retained by it. 
6053         6. The name and address of the managing underwriter, if 
6054  any, connected with the obligations issued. 
6055         7. Any other disclosure which the division may require. 
6056 
6057  This paragraph is not intended to restrict or prohibit the 
6058  employment of professional services relating to obligations 
6059  issued under this act or the issuance of bonds by the division 
6060  under any other provisions of law. 
6061         (8)(a) No underwriter, commercial bank, investment banker, 
6062  or financial consultant or adviser shall pay any finder any 
6063  bonus, fee, or gratuity in connection with the sale of 
6064  obligations issued by the division on behalf of and in the name 
6065  of the department of Management Services unless full disclosure 
6066  is made to the division before prior to or concurrently with the 
6067  submission of a purchase proposal for such obligations by the 
6068  underwriter, commercial bank, investment banker, or financial 
6069  consultant or adviser and is made subsequently in the official 
6070  statement or offering circular, if any, detailing the name and 
6071  address of any finder and the amount of bonus, fee, or gratuity 
6072  paid to such finder. 
6073         (a)(b) A willful violation of this subsection is a felony 
6074  of the third degree, punishable as provided in s. 775.082, s. 
6075  775.083, or s. 775.084. 
6076         (b)(c) A No violation of this subsection does not shall 
6077  affect the validity of any obligation issued under this act. 
6078         (10) All obligations issued by the division on behalf of 
6079  and in the name of the department of Management Services shall 
6080  state on the face thereof that they are payable, both as to 
6081  principal and interest, and premium, if any, solely out of the 
6082  pool pledged revenues, and do not constitute an obligation, 
6083  either general or special, of the state or of any political 
6084  subdivision. 
6085         (11) All obligations issued by the division on behalf of 
6086  and in the name of the department of Management Services are 
6087  hereby declared to have all the qualities and incidents of 
6088  negotiable instruments under the applicable laws of the state. 
6089         (12) Any pledge of earnings, revenues, or other moneys made 
6090  by the department are of Management Services shall be valid and 
6091  binding from the time the pledge is made. Any earnings, 
6092  revenues, or other moneys so pledged and thereafter received by 
6093  the department of Management Services shall immediately be 
6094  subject to the lien of that pledge without any physical delivery 
6095  thereof or further act, and the lien of the pledge is shall be 
6096  valid and binding as against the department of Management 
6097  Services irrespective of whether the parties have notice 
6098  thereof. Neither the resolution nor any other instrument by 
6099  which a pledge is created need be recorded or filed pursuant to 
6100  the Uniform Commercial Code. 
6101         (13) No employee of the department of Management Services 
6102  or the division, nor any person lawfully executing obligations 
6103  issued under this act by the division on behalf of and in the 
6104  name of the Department of Management Services, is shall be 
6105  liable personally liable on the obligations or be subject to any 
6106  personal liability or accountability by reason of the issuance 
6107  thereof. 
6108         Section 179. Section 255.52, Florida Statutes, is amended 
6109  to read: 
6110         255.52 Approval by State Board of Administration.—At or 
6111  before prior to the sale by the division, all obligations 
6112  proposed to be issued by the division must shall be approved by 
6113  the State Board of Administration as to fiscal sufficiency. The 
6114  state board of Administration shall look to the rate coverage of 
6115  all pool pledged revenues, as projected by the department of 
6116  Management Services, with respect to all proposed and 
6117  outstanding obligations issued under this act: 
6118         (1) One hundred and ten percent of debt service charges; 
6119  plus 
6120         (2) One hundred percent of capital depreciation reserved 
6121  deposits, if any; plus 
6122         (3) One hundred percent of costs of operation and 
6123  maintenance. 
6124 
6125  With respect to variable rate obligations, such evaluation shall 
6126  be made at the interest rate for the date of sale determined as 
6127  provided in s. 255.519. 
6128         Section 180. Section 255.521, Florida Statutes, is amended 
6129  to read: 
6130         255.521 Failure of payment.—If Should an agency fails fail 
6131  to make a timely payment of the pool pledged rentals or charges 
6132  as required by this act, the Chief Financial Officer shall 
6133  withhold general revenues of the agency in an amount sufficient 
6134  to pay the rentals and charges due and unpaid from such agency. 
6135  The Chief Financial Officer shall forward such general revenue 
6136  amounts to the department of Management Services in payment of 
6137  such rents. 
6138         Section 181. Section 255.522, Florida Statutes, is amended 
6139  to read: 
6140         255.522 State and political subdivisions not liable on 
6141  obligations.—Obligations issued pursuant to this act are shall 
6142  not be a debt of the state or of any political subdivision, and 
6143  neither the state nor any political subdivision is shall be 
6144  liable thereon. The department may not of Management Services 
6145  shall not have the power to pledge the credit, the revenues, or 
6146  the taxing power of the state or of any political subdivision; 
6147  and neither the credit, the revenues, or nor the taxing power of 
6148  the state or of any political subdivision may not shall be, or 
6149  shall be deemed to be, pledged to the payment of any obligations 
6150  issued pursuant to this act. 
6151         Section 182. Section 255.523, Florida Statutes, is amended 
6152  to read: 
6153         255.523 Exemption from taxes.—The property of the 
6154  department of Management Services, the transactions and 
6155  operations thereof, and the income therefrom are shall be exempt 
6156  from taxation by the state and political subdivisions. 
6157         Section 183. Section 255.555, Florida Statutes, is amended 
6158  to read: 
6159         255.555 Records.—Each state agency that which finds that it 
6160  has asbestos-containing materials in any public building for 
6161  which it is responsible shall prepare and maintain a record 
6162  containing a report summarizing the survey, including the hazard 
6163  assessment, drawings and photographs of the sample area, and 
6164  estimates of the quantities of hazardous materials. The agency 
6165  shall, within 30 days after of receipt of said survey, submit a 
6166  copy of the survey to the regional asbestos program manager and 
6167  a summary to the Department of Environmental Protection 
6168  Management Services. 
6169         Section 184. Paragraph (a) of subsection (2) of section 
6170  265.001, Florida Statutes, is amended to read: 
6171         265.001 Florida Women’s Hall of Fame.— 
6172         (2)(a) There is hereby established the Florida Women’s Hall 
6173  of Fame. The Department of Environmental Protection Management 
6174  Services shall set aside an area on the Plaza Level of the 
6175  Capitol Building and shall consult with the Florida Commission 
6176  on the Status of Women regarding the design and theme of such 
6177  area. 
6178         Section 185. Paragraph (a) of subsection (2) of section 
6179  265.2865, Florida Statutes, is amended to read: 
6180         265.2865 Florida Artists Hall of Fame.— 
6181         (2)(a) There is hereby created the Florida Artists Hall of 
6182  Fame. The Florida Arts Council shall identify an appropriate 
6183  location in the public area of a building in the Capitol Center 
6184  that is under the jurisdiction of the Department of 
6185  Environmental Protection Management Services, which location 
6186  shall be set aside by the department and designated as the 
6187  Florida Artists Hall of Fame. 
6188         Section 186. Subsection (3) of section 267.061, Florida 
6189  Statutes, is amended to read: 
6190         267.061 Historic properties; state policy, 
6191  responsibilities.— 
6192         (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION MANAGEMENT 
6193  SERVICES.—The Department of Environmental Protection Management 
6194  Services, in consultation with the division, shall adopt rules 
6195  for the renovation of historic properties that which are owned 
6196  or leased by the state. Such rules must shall be based on 
6197  national guidelines for historic renovation, including the 
6198  standards and guidelines for rehabilitation adopted by the 
6199  United States Secretary of the Interior. 
6200         Section 187. Paragraph (b) of subsection (4) of section 
6201  267.0625, Florida Statutes, is amended to read: 
6202         267.0625 Abrogation of offensive and derogatory geographic 
6203  place names.— 
6204         (4) The division shall: 
6205         (b) Notify the Department of Transportation, the Office of 
6206  Tourism, Trade, and Economic Development, the Department of 
6207  Environmental Protection Management Services, and any other 
6208  entity that compiles information for or develops maps or markers 
6209  for the state of the name change so that it may be reflected on 
6210  subsequent editions of any maps, informational literature, or 
6211  markers produced by those entities. 
6212         Section 188. Paragraphs (a) and (c) of subsection (3) of 
6213  section 267.075, Florida Statutes, are amended to read: 
6214         267.075 The Grove Advisory Council; creation; membership; 
6215  purposes.— 
6216         (3)(a) The Grove Advisory Council shall be composed of 
6217  eight members, as follows: 
6218         1. Five members shall be private citizens appointed by the 
6219  Secretary of State. 
6220         2. One member shall be the Secretary of Environmental 
6221  Protection Management Services or a his or her designee. 
6222         3. One member shall be the director of the Division of 
6223  Historical Resources of the Department of State. 
6224         4. At least one member shall be a direct descendant of Mary 
6225  Call Darby Collins appointed by the Secretary of State with the 
6226  advice of the oldest living generation of lineal descendants of 
6227  Mary Call Darby Collins. 
6228 
6229  Of the citizen members, at least one member must shall have 
6230  professional curatorial and museum expertise, one member must 
6231  shall have professional architectural expertise in the 
6232  preservation of historic buildings, and one member must shall 
6233  have professional landscape expertise. The five citizen members 
6234  of the council appointed by the Secretary of State and the 
6235  member of the council who is a direct descendant of Mary Call 
6236  Darby Collins appointed by the Secretary of State shall be 
6237  appointed for staggered 4-year terms. The Secretary of State 
6238  shall fill the remainder of unexpired terms for the five citizen 
6239  members of the council and the member of the council who is a 
6240  direct descendant of Mary Call Darby Collins. 
6241         (c) The council shall obtain clerical, expert, technical, 
6242  or other services from the Division of Historical Resources. The 
6243  Department of Environmental Protection Management Services shall 
6244  provide reasonable assistance to the Department of State in 
6245  carrying out the purposes of this section. 
6246         Section 189. Subsections (1) and (2) of section 270.27, 
6247  Florida Statutes, are amended to read: 
6248         270.27 Sale of unused public lands.— 
6249         (1) The Department of Environmental Protection may 
6250  Management Services is hereby authorized to sell, to the best 
6251  possible advantage, any or all detached pieces or parcels of 
6252  land held by the state for the use of any institution under the 
6253  supervision and control of the department if, whenever, in the 
6254  judgment of the department, such detached pieces or parcels of 
6255  land are not suitable for, or necessary and useful in, the 
6256  operation and maintenance of the such institution, and the 
6257  proceeds from the sale of such land could be used to better 
6258  advantage than said land in the operation and maintenance of 
6259  such institution. 
6260         (2) The proceeds derived from the sale of any land, as 
6261  authorized in this section, shall be deposited in the State 
6262  Treasury to the account of the Department of Environmental 
6263  Protection Management Services for the use of the particular 
6264  institution from the sale of whose lands the said funds were 
6265  derived. Such funds may be used, from time to time, by the 
6266  department for the purpose of acquiring additional lands that 
6267  may be needed for the particular institution credited with such 
6268  funds, or for needed buildings or repairs for such institution, 
6269  in the discretion of the department; and such funds, when 
6270  obtained, are hereby appropriated for such purposes. 
6271         Section 190. Section 272.03, Florida Statutes, is amended 
6272  to read: 
6273         272.03 Supervision of Department of Management Services to 
6274  supervise Capitol Center buildings; title in state.— 
6275         (1) All state buildings now or hereafter constructed 
6276  included in the Capitol Center at the state capital and the 
6277  grounds and squares contiguous thereto are shall be under the 
6278  general control, custodianship, and supervision of the 
6279  Department of Environmental Protection Management Services. 
6280         (2) Title to Capitol Center said buildings vests shall vest 
6281  in the state. 
6282         (3) This section does not Nothing herein is intended to 
6283  disturb or impair the contractual obligations for the discharge 
6284  of the indebtedness incurred for the construction of the Florida 
6285  Industrial Commission Building. 
6286         Section 191. Section 272.04, Florida Statutes, is amended 
6287  to read: 
6288         272.04 Department to allocate space.—The Department of 
6289  Environmental Protection Management Services shall have 
6290  authority to allocate space to house the various departments, 
6291  agencies, boards, and commissions in said buildings, excepting, 
6292  however, the new Supreme Court Building, for which authority is 
6293  shall be vested in the justices of the Supreme Court. 
6294         Section 192. Section 272.05, Florida Statutes, is amended 
6295  to read: 
6296         272.05 Budgets for repair and maintenance; review.—The 
6297  Department of Environmental Protection Management Services and 
6298  the Executive Office of the Governor may shall be empowered to 
6299  review, change, and modify the budgets of the departments, 
6300  agencies, boards, and commissions relating to the repair, 
6301  upkeep, and maintenance of said buildings. 
6302         Section 193. Section 272.06, Florida Statutes, is amended 
6303  to read: 
6304         272.06 Authority to contract for utility services.—The 
6305  Department of Environmental Protection Management Services may 
6306  provide or enter into contracts to provide heating, power, 
6307  lighting, cooling systems, and other necessary services or 
6308  facilities for any or all of said buildings. 
6309         Section 194. Section 272.07, Florida Statutes, is amended 
6310  to read: 
6311         272.07 Department may provide for parks, drives, and 
6312  walkways.—The Department of Environmental Protection Management 
6313  Services may provide for the establishment of parks, drives, 
6314  walkways, and parkways on said grounds and squares and for the 
6315  supervision, regulation, and maintenance of the same, including 
6316  traffic and parking thereon. 
6317         Section 195. Section 272.08, Florida Statutes, is amended 
6318  to read: 
6319         272.08 Duty of repair, maintenance, and supervision.—Except 
6320  when otherwise directed by the Department of Environmental 
6321  Protection Management Services, the official or officials now 
6322  having the duty of repair, care, maintenance, and supervision of 
6323  any of said buildings shall continue to exercise such authority. 
6324         Section 196. Section 272.09, Florida Statutes, is amended 
6325  to read: 
6326         272.09 Management, maintenance, and upkeep of Capitol 
6327  Center.—The management, maintenance, and upkeep of the Capitol 
6328  Center as defined in s. 272.03, are hereby vested in and made 
6329  the direct obligation of the Department of Environmental 
6330  Protection Management Services, which shall have authority to do 
6331  all things necessary to satisfactorily accomplish these 
6332  functions, including the employment of a superintendent of 
6333  grounds and buildings and other employees; the establishment of 
6334  central repair and maintenance shops; and the designation or 
6335  appointment of nonsalaried advisory committees to advise with 
6336  them. 
6337         Section 197. Subsection (2) of section 272.12, Florida 
6338  Statutes, is amended to read: 
6339         272.12 Florida Capitol Center Planning District.— 
6340         (2) The Department of Environmental Protection may 
6341  Management Services is hereby authorized to purchase at fair 
6342  market value any lands or buildings owned by the Department of 
6343  Transportation within the Capitol Center. The Department of 
6344  Environmental Protection Management Services may use any funds 
6345  for this purpose any funds which are available to it at the time 
6346  of the purchase. 
6347         Section 198. Subsection (1) of section 272.121, Florida 
6348  Statutes, is amended to read: 
6349         272.121 Capitol Center long-range planning.— 
6350         (1) The Department of Environmental Protection Management 
6351  Services shall develop a comprehensive and long-range plan for 
6352  the development of state-owned property within the Capitol 
6353  Center. In developing this plan, the department shall consider: 
6354         (a) The most efficient, expeditious, and economical method 
6355  of accomplishing the desired results. 
6356         (b) The architectural and aesthetic coordination of the 
6357  proposed plan with the existing structures. 
6358         (c) The effective utilization of all available space so as 
6359  to minimize waste. 
6360         (d) The plans adopted by the local planning agencies in 
6361  Leon County. 
6362         Section 199. Section 272.122, Florida Statutes, is amended 
6363  to read: 
6364         272.122 Acquisition of land for state buildings and 
6365  facilities in the Capitol Center.—The Department of 
6366  Environmental Protection shall Management Services is hereby 
6367  authorized and directed to acquire both land and buildings now 
6368  needed or to be needed for use, in whole or in part, by state 
6369  government or any agency, board, bureau, or commission thereof. 
6370  However, no building can be constructed or land acquired under 
6371  this section without specific legislative approval. The 
6372  acquisition of the land, buildings, and facilities may be 
6373  financed by grants, by direct appropriations, or by the issuance 
6374  of revenue bonds or certificates pledging the revenues and 
6375  rentals derived from the use of the buildings and facilities. 
6376  The department may of Management Services is expressly 
6377  authorized to issue revenue certificates to carry out the 
6378  purposes of this section. Title to any lands acquired pursuant 
6379  to this section shall be vested in the Board of Trustees of the 
6380  Internal Improvement Trust Fund for the use and benefit of the 
6381  State of Florida. 
6382         Section 200. Section 272.124, Florida Statutes, is amended 
6383  to read: 
6384         272.124 Department of Management Services; Power to 
6385  contract.—The Department of Environmental Protection may 
6386  Management Services is authorized and empowered to make and 
6387  enter into any contract or agreement, with any person or agency, 
6388  public or private, to lease, buy, acquire, construct, hold, or 
6389  dispose of real and personal property necessary to carry out the 
6390  objects and purposes of this chapter. act; However, no contract 
6391  may be entered into without specific authorization of the 
6392  Legislature for the project. Lands shall be acquired by the 
6393  department in accordance with acquisition procedures for state 
6394  lands provided for in s. 253.025. 
6395         Section 201. Subsection (3) of section 272.129, Florida 
6396  Statutes, is amended to read: 
6397         272.129 Florida Historic Capitol; space allocation; 
6398  maintenance, repair, and security.— 
6399         (3) Custodial and preventive maintenance and repair of the 
6400  entire Historic Capitol and the grounds located adjacent thereto 
6401  are shall be the responsibility of the Department of 
6402  Environmental Protection Management Services, subject to the 
6403  special requirements of the building as determined by the 
6404  Capitol Curator. 
6405         Section 202. Subsections (1) and (4) of section 272.16, 
6406  Florida Statutes, are amended to read: 
6407         272.16 Parking areas within Capitol Center area.— 
6408         (1) The Department of Environmental Protection Management 
6409  Services may assign parking areas within the Capitol Center area 
6410  to a state agency for its own use or for reassignment to state 
6411  officers and employees employed in Tallahassee; however, parking 
6412  areas must be provided for members of the Legislature during 
6413  sessions of the Legislature, regular and extraordinary. Not more 
6414  than 15 percent of the said parking areas may be set aside for 
6415  the use of persons temporarily visiting or attending to business 
6416  in the Capitol Center area who reside beyond the territorial 
6417  limits of the City of Tallahassee. Any remaining portion of the 
6418  parking areas not assigned as aforesaid may be limited in period 
6419  of time for use. However, the department may not of Management 
6420  Services shall have no power to assign parking spaces in the 
6421  legislative office buildings, nor shall those spaces and spaces 
6422  in the parking facility within the Capitol Building which are 
6423  allocated to the Legislature be included under the provisions of 
6424  this section and s. 272.161(1), except as provided in subsection 
6425  (2) of this section. 
6426         (4) The Department of Environmental Protection Management 
6427  Services shall adopt such rules as are necessary to carry out 
6428  the purposes of subsections (1) and (3). 
6429         Section 203. Section 272.161, Florida Statutes, is amended 
6430  to read: 
6431         272.161 Rental of reserved parking spaces.— 
6432         (1)(a) The Department of Environmental Protection 
6433  Management Services may assign a reserved parking space to any 
6434  state employee, qualified state employee car pool, provider of 
6435  essential services to the state, or state agency for 
6436  reassignment to its employees. 
6437         (a) Any state agency assigned a reserved parking space 
6438  shall charge the user of such space, except a qualified state 
6439  employee car pool, a fee in accordance with guidelines 
6440  established by the department. 
6441         (b) Any state agency assigned a reserved parking space that 
6442  which is not rented for a period of 7 consecutive days shall 
6443  return such space to the department for reassignment. All state 
6444  agencies assigned reserved parking spaces must ensure shall 
6445  assure the timely payment of assessed rent to the department. 
6446         (c) Assignments of reserved parking spaces is shall be 
6447  limited to the amount of available parking under the supervision 
6448  of the department. Preference in the assignment of reserved 
6449  parking spaces shall be given qualified state employee car 
6450  pools. A state agency, employee, state employee car pool, or 
6451  provider of essential services may request a reserved parking 
6452  space in a manner prescribed by the department. 
6453         (2) All Employee parking fees are shall be payable by the 
6454  payroll deduction plan, periodically according to the employee’s 
6455  pay schedule, to the Department of Environmental Protection 
6456  Management Services or to the contracting agency. 
6457         (3) All fees collected by the Department of Environmental 
6458  Protection Management Services under the provisions of this 
6459  section shall be deposited in the Supervision Trust Fund. The 
6460  department shall account for the revenues and expenditures 
6461  related to the paid parking program in compliance with the 
6462  provisions of s. 215.32(2)(b). The revenues collected from 
6463  parking fees shall be used for the maintenance, minor 
6464  construction, enforcement, security, and administration of 
6465  parking facilities and programs. 
6466         (4) The Department of Environmental Protection Management 
6467  Services shall adopt such rules as are necessary to carry out 
6468  the purposes of this section. The department shall establish 
6469  guidelines for qualifying as a state employee car pool and for 
6470  the preferential assignment of reserved spaces to car pools. 
6471         (5) The Department of Environmental Protection Management 
6472  Services shall establish fees on all state-owned reserved 
6473  parking spaces, except those assigned to qualified state 
6474  employee car pools, under the jurisdiction of the department. 
6475  The department shall also issue loading zone permits and 
6476  scramble parking permits for a fee sufficient to cover the cost 
6477  of administering the permits and maintaining the parking areas. 
6478         (6) The Department of Environmental Protection may 
6479  Management Services shall have the authority to remove or tow 
6480  away, or cause to be removed or towed away, any wrongfully 
6481  parked vehicle in any assigned or reserved parking space or area 
6482  under the control of the department of Management Services 
6483  throughout the state at the expense of the owner of the 
6484  wrongfully parked vehicle. 
6485         Section 204. Paragraph (a) of subsection (1) and paragraphs 
6486  (b) and (c) of subsection (2) of section 272.18, Florida 
6487  Statutes, are amended to read: 
6488         272.18 Governor’s Mansion Commission.— 
6489         (1)(a) There is created within the Department of Management 
6490  Services A Governor’s Mansion Commission to be composed of seven 
6491  eight members is created within the Department of Environmental 
6492  Protection. Five members shall be private citizens appointed by 
6493  the Governor and subject to confirmation by the Senate; one 
6494  member shall be the Secretary of Management Services or his or 
6495  her designee; one member shall be the director of the Division 
6496  of Recreation and Parks of the Department of Environmental 
6497  Protection; and one member shall be designated by the Secretary 
6498  of State and shall be an employee of the Department of State 
6499  with curatorial and museum expertise. The Governor shall appoint 
6500  all citizen members for 4-year terms. The Governor shall fill 
6501  vacancies for the remainder of unexpired terms. The spouse of 
6502  the Governor or the designated representative of the Governor 
6503  shall be an ex officio member of the commission but shall have 
6504  no voting rights except in the case of a tie vote. 
6505         (2) 
6506         (b) The commission shall obtain clerical, expert, 
6507  technical, or other services from the Department of 
6508  Environmental Protection Management Services as the commission 
6509  requires to carry out the purposes of this section. 
6510         (c) Members of the commission shall serve without 
6511  compensation or honorarium but are shall be entitled to receive 
6512  reimbursement for per diem and travel expenses as provided in s. 
6513  112.061. All expenses of the commission shall be paid from 
6514  appropriations to be made by the Legislature to the Department 
6515  of Environmental Protection Management Services for that 
6516  purpose. The commission shall submit its budgetary requests to 
6517  the department of Management Services for approval and inclusion 
6518  in the legislative budget request of the department. All 
6519  vouchers must shall be approved by the secretary of the 
6520  department of Management Services before being submitted to the 
6521  Chief Financial Officer for payment. 
6522         Section 205. Section 272.185, Florida Statutes, is amended 
6523  to read: 
6524         272.185 Maintenance of Governor’s Mansion by Department of 
6525  Management Services.— 
6526         (1) The Department of Environmental Protection Management 
6527  Services shall maintain all structures, furnishings, equipment, 
6528  and grounds of the Governor’s Mansion, except that the exterior 
6529  facades; the landscaping of the grounds; the antique furnishings 
6530  in the private quarters; the interiors of the state rooms; and 
6531  the articles of furniture, fixtures, and decorative objects used 
6532  or displayed in the state rooms shall be maintained pursuant to 
6533  the directives of the Governor’s Mansion Commission. 
6534         (2) The Department of Environmental Protection shall insure 
6535  the Governor’s Mansion, its contents, and all structures and 
6536  appurtenances thereto with the State Risk Management Trust Fund 
6537  as provided in s. 284.01. The department may purchase any 
6538  necessary insurance either by a primary insurance contract, 
6539  excess coverage insurance, or reinsurance to cover the contents 
6540  of the mansion, whether title of the contents is in the state or 
6541  in any other person or entity not a resident of the mansion, 
6542  notwithstanding the provision of s. 287.025. 
6543         (3) The Department of Environmental Protection may shall 
6544  have authority to contract and be contracted with for work and 
6545  materials required. 
6546         (4) The Department of Environmental Protection shall keep a 
6547  continuing and accurate inventory of all equipment and 
6548  furnishings. 
6549         Section 206. Subsection (4) of section 273.055, Florida 
6550  Statutes, is amended to read: 
6551         273.055 Disposition of state-owned tangible personal 
6552  property.— 
6553         (4) Each custodian shall adopt guidelines or administrative 
6554  rules and regulations pursuant to chapter 120 providing for, but 
6555  not limited to, transferring, warehousing, bidding, destroying, 
6556  scrapping, or other disposing of state-owned tangible personal 
6557  property. However, the approval of the Department of Financial 
6558  Management Services is required before prior to the disposal of 
6559  motor vehicles, watercraft, or aircraft pursuant to ss. 287.15 
6560  and 287.16. 
6561         Section 207. Section 281.02, Florida Statutes, is amended 
6562  to read: 
6563         281.02 Powers and duties of the Department of Management 
6564  Services with respect to Firesafety and security.—The Department 
6565  of Environmental Protection Management Services has the 
6566  following powers and duties with respect to firesafety and 
6567  security: 
6568         (1) To Assist the State Fire Marshal in maintaining the 
6569  firesafety of public buildings pursuant to s. 633.085. 
6570         (2) To Make provision by rule, contract, lease, or 
6571  interagency agreement for the security of all state-owned 
6572  property leased from the department of Management Services, 
6573  excluding state universities and custodial institutions, the 
6574  Capitol Complex, the Governor’s mansion and the grounds thereof, 
6575  and the Supreme Court. For these purposes, security includes 
6576  shall include the safety and security of occupants and visitors 
6577  to state-owned property, appropriate law enforcement response to 
6578  complaints relating to criminal activity or security threats, 
6579  the development of emergency procedures and evacuation routes in 
6580  the event of fire or disaster, and ensuring that such procedures 
6581  and routes are known to those persons occupying such property. 
6582         (3) To Employ guards and administrative, clerical, 
6583  technical, and other personnel as may be required. 
6584         (4) To Train employees and make provision for the training 
6585  of agents, guards, and employees of tenant agencies in security 
6586  and emergency procedures. 
6587         (5) To Make provision for the enforcement of rules 
6588  governing the regulation of traffic and parking on state-owned 
6589  property, including, but not limited to, issuing citations for 
6590  the violation of such rules or the traffic laws of the state or 
6591  any county or municipality and impounding illegally or 
6592  wrongfully parked vehicles. 
6593         (6) To Delegate or assign duties and responsibilities 
6594  furthering the provision of security as required and authorized 
6595  by this section to any state agency occupying such state-owned 
6596  property. Security requirements may be included in lease 
6597  agreements or established by department rule. 
6598         Section 208. Section 281.03, Florida Statutes, is amended 
6599  to read: 
6600         281.03 Incident reports and record retention.—The 
6601  Department of Environmental Protection Management Services shall 
6602  provide make provision for the collection and retention of 
6603  copies of reports relating to criminal activity or other safety 
6604  related and security-related incidents occurring on state-owned 
6605  property for use in ongoing security planning and to fulfill its 
6606  responsibilities under s. 281.02. 
6607         Section 209. Section 281.06, Florida Statutes, is amended 
6608  to read: 
6609         281.06 Contracts with counties, municipalities, or licensed 
6610  private security agencies.—The Department of Environmental 
6611  Protection Management Services may contract with any county, 
6612  municipality, or licensed private security agency to provide and 
6613  maintain the security of state-owned property, and the safety 
6614  and security of occupants and visitors thereof, pursuant to ss. 
6615  281.02-281.08 upon such terms as the department deems may deem 
6616  to be in the best interest of the state. 
6617         Section 210. Subsection (1) of section 281.07, Florida 
6618  Statutes, is amended to read: 
6619         281.07 Rules; Facilities Program; traffic regulation.— 
6620         (1) The Department of Environmental Protection Management 
6621  Services shall adopt and promulgate rules to govern the 
6622  administration, operation, and management of the Facilities 
6623  Program and to regulate traffic and parking on state-owned 
6624  property, including the Capitol Complex, which may rules are not 
6625  in conflict with any state law or county or municipal ordinance, 
6626  and to carry out the provisions of ss. 281.02-281.08. 
6627         Section 211. Section 281.08, Florida Statutes, is amended 
6628  to read: 
6629         281.08 Equipment.—The Department of Environmental 
6630  Protection may Management Services is specifically authorized to 
6631  purchase, sell, trade, rent, lease, and maintain all necessary 
6632  equipment, motor vehicles, communication systems, housing 
6633  facilities, and office space, and perform any other acts 
6634  necessary for the proper administration of ss. 281.02-281.08, 
6635  pursuant to part I of chapter 287. 
6636         Section 212. Subsection (12) of section 282.0041, Florida 
6637  Statutes, is amended to read: 
6638         282.0041 Definitions.—As used in this chapter, the term: 
6639         (12) “Department” means the Department of Management 
6640  Services. 
6641         Section 213. Section 282.205, Florida Statutes, is amended 
6642  to read: 
6643         282.205 Southwood Shared Resource Center.—The Southwood 
6644  Shared Resource Center is an agency established within the 
6645  Agency for Enterprise Information Technology department for 
6646  administrative purposes only. 
6647         (1) The center is designated as a primary data center and 
6648  shall be a separate budget entity that is not subject to 
6649  control, supervision, or direction of the agency department in 
6650  any manner, including, but not limited to, purchasing, 
6651  transactions involving real or personal property, personnel, or 
6652  budgetary matters. 
6653         (2) The center shall be headed by a board of trustees as 
6654  provided in s. 282.203, who shall comply with all requirements 
6655  of that section related to the operation of the center and with 
6656  the rules of the agency for Enterprise Information Technology 
6657  related to the design and delivery of enterprise information 
6658  technology services. 
6659         Section 214. Section 282.604, Florida Statutes, is amended 
6660  to read: 
6661         282.604 Adoption of rules.—The Agency for Enterprise 
6662  Information Technology Department of Management Services shall, 
6663  with input from stakeholders, adopt rules pursuant to ss. 
6664  120.536(1) and 120.54 for the development, procurement, 
6665  maintenance, and use of accessible electronic information 
6666  technology by governmental units. 
6667         Section 215. Section 282.702, Florida Statutes, is amended 
6668  to read: 
6669         282.702 Powers and duties.—The Agency for Enterprise 
6670  Information Technology Department of Management Services shall 
6671  have the following powers, duties, and functions: 
6672         (1) To publish electronically the portfolio of services 
6673  available from the department, including pricing information; 
6674  the policies and procedures of the state communications network 
6675  governing usage of available services; and a forecast of the 
6676  priorities and initiatives for the state communications system 
6677  for the ensuing 2 years. 
6678         (2) To adopt technical standards for the state 
6679  communications network which will ensure the interconnection of 
6680  computer networks and information systems of agencies. 
6681         (3) To enter into agreements related to information 
6682  technology with state agencies and political subdivisions of the 
6683  state. 
6684         (4) To purchase from or contract with information 
6685  technology providers for information technology, including 
6686  private line services. 
6687         (5) To apply for, receive, and hold such authorizations, 
6688  patents, copyrights, trademarks, service marks, licenses, and 
6689  allocations or channels and frequencies to carry out the 
6690  purposes of this part. 
6691         (6) To purchase, lease, or otherwise acquire and to hold, 
6692  sell, transfer, license, or otherwise dispose of real, personal, 
6693  and intellectual property, including, but not limited to, 
6694  patents, trademarks, copyrights, and service marks. 
6695         (7) To cooperate with any federal, state, or local 
6696  emergency management agency in providing for emergency 
6697  communications services. 
6698         (8) To control and approve the purchase, lease, or 
6699  acquisition and the use of communications services provided as 
6700  part of any other total system to be used by the state or any of 
6701  its agencies. 
6702         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54 
6703  relating to communications and to administer the provisions of 
6704  this part. 
6705         (10) To apply for and accept federal funds for any of the 
6706  purposes of this part as well as gifts and donations from 
6707  individuals, foundations, and private organizations. 
6708         (11) To monitor issues relating to communications 
6709  facilities and services before the Florida Public Service 
6710  Commission and, when necessary, prepare position papers, prepare 
6711  testimony, appear as a witness, and retain witnesses on behalf 
6712  of state agencies in proceedings before the commission. 
6713         (12) Unless delegated to the state agencies by the Agency 
6714  for Enterprise Information Technology department, to manage and 
6715  control, but not intercept or interpret, communications within 
6716  the SUNCOM Network by: 
6717         (a) Establishing technical standards to physically 
6718  interface with the SUNCOM Network. 
6719         (b) Specifying how communications are transmitted within 
6720  the SUNCOM Network. 
6721         (c) Controlling the routing of communications within the 
6722  SUNCOM Network. 
6723         (d) Establishing standards, policies, and procedures for 
6724  access to the SUNCOM Network. 
6725         (e) Ensuring orderly and reliable communications services 
6726  in accordance with the service level agreements executed with 
6727  state agencies. 
6728         (13) To plan, design, and conduct experiments for 
6729  communications services, equipment, and technologies, and to 
6730  implement enhancements in the state communications network if 
6731  when in the public interest and cost-effective. Funding for such 
6732  experiments shall be derived from SUNCOM Network service 
6733  revenues and may shall not exceed 2 percent of the annual budget 
6734  for the SUNCOM Network for any fiscal year or as provided in the 
6735  General Appropriations Act. New services offered as a result of 
6736  this subsection may shall not affect existing rates for 
6737  facilities or services. 
6738         (14) To enter into contracts or agreements, with or without 
6739  competitive bidding or procurement, to make available, on a 
6740  fair, reasonable, and nondiscriminatory basis, property and 
6741  other structures under the Agency for Enterprise Information 
6742  Technology’s departmental control for the placement of new 
6743  facilities by any wireless provider of mobile service as defined 
6744  in 47 U.S.C. s. 153(27) or s. 332(d) and any telecommunications 
6745  company as defined in s. 364.02 if when it is determined to be 
6746  practical and feasible to make such property or other structures 
6747  available. The agency department may, without adopting a rule, 
6748  charge a just, reasonable, and nondiscriminatory fee for the 
6749  placement of the facilities, payable annually, based on the fair 
6750  market value of space used by comparable communications 
6751  facilities in the state. The agency department and a wireless 
6752  provider or telecommunications company may negotiate the 
6753  reduction or elimination of a fee in consideration of services 
6754  provided to the agency department by the wireless provider or 
6755  telecommunications company. All such fees collected by the 
6756  department shall be deposited directly into the Law Enforcement 
6757  Radio Operating Trust Fund, and may be used by the agency 
6758  department to construct, maintain, or support the system. 
6759         Section 216. Section 282.703, Florida Statutes, is amended 
6760  to read: 
6761         282.703 SUNCOM Network; exemptions from the required use.— 
6762         (1) There is created within the department The SUNCOM 
6763  Network is created within the Agency for Enterprise Information 
6764  Technology as, which shall be developed to serve as the state 
6765  communications system for providing local and long-distance 
6766  communications services to state agencies, political 
6767  subdivisions of the state, municipalities, state universities, 
6768  and nonprofit corporations pursuant to this part. The SUNCOM 
6769  Network shall be developed to transmit all types of 
6770  communications signals, including, but not limited to, voice, 
6771  data, video, image, and radio. State agencies shall cooperate 
6772  and assist in the development and joint use of communications 
6773  systems and services. 
6774         (2) The agency department shall design, engineer, 
6775  implement, manage, and operate through state ownership, 
6776  commercial leasing, or some combination thereof, the facilities 
6777  and equipment providing SUNCOM Network services, and shall 
6778  develop a system of equitable billings and charges for 
6779  communication services. 
6780         (3) All state agencies and state universities shall use the 
6781  SUNCOM Network for agency and state university communications 
6782  services as the services become available; however, no agency or 
6783  university is relieved of responsibility for maintaining 
6784  communications services necessary for effective management of 
6785  its programs and functions. If a SUNCOM Network service does not 
6786  meet the communications requirements of an agency or university, 
6787  the agency or university shall notify the Agency for Enterprise 
6788  Information Technology department in writing and detail the 
6789  requirements for that communications service. If the agency 
6790  department is unable to meet an agency’s or university’s 
6791  requirements by enhancing SUNCOM Network service, the agency 
6792  department may grant the agency or university an exemption from 
6793  the required use of specified SUNCOM Network services. 
6794         Section 217. Section 282.704, Florida Statutes, is amended 
6795  to read: 
6796         282.704 Use of state SUNCOM Network by municipalities.—Any 
6797  municipality may request the Agency for Enterprise Information 
6798  Technology department to provide any or all of the SUNCOM 
6799  Network’s portfolio of communications services upon such terms 
6800  and conditions as the agency department may establish. The 
6801  requesting municipality shall pay its share of installation and 
6802  recurring costs according to the published rates for SUNCOM 
6803  Network services and as invoiced by the agency department. Such 
6804  municipality shall also pay for any requested modifications to 
6805  existing SUNCOM Network services, if any charges apply. 
6806         Section 218. Section 282.705, Florida Statutes, is amended 
6807  to read: 
6808         282.705 Use of state SUNCOM Network by nonprofit 
6809  corporations.— 
6810         (1) The Agency for Enterprise Information Technology 
6811  department shall provide a means whereby private nonprofit 
6812  corporations under contract with state agencies or political 
6813  subdivisions of the state may use the state SUNCOM Network, 
6814  subject to the limitations in this section. In order to qualify 
6815  to use the state SUNCOM Network, a nonprofit corporation shall: 
6816         (a) Expend the majority of its total direct revenues for 
6817  the provision of contractual services to the state, a 
6818  municipality, or a political subdivision; and 
6819         (b) Receive only a small portion of its total revenues from 
6820  any source other than a state agency, a municipality, or a 
6821  political subdivision during the time SUNCOM Network services 
6822  are requested. 
6823         (2) Each nonprofit corporation seeking authorization to use 
6824  the state SUNCOM Network shall provide to the agency department, 
6825  upon request, proof of compliance with subsection (1). 
6826         (3) Nonprofit corporations established pursuant to general 
6827  law and an association of municipal governments which is wholly 
6828  owned by the municipalities are eligible to use the state SUNCOM 
6829  Network, subject to the terms and conditions of the agency 
6830  department. 
6831         (4) Institutions qualified to participate in the William L. 
6832  Boyd, IV, Florida Resident Access Grant Program pursuant to s. 
6833  1009.89 may are eligible to use the state SUNCOM Network, 
6834  subject to the terms and conditions of the agency department. 
6835  Such entities are not required to satisfy the other criteria of 
6836  this section. 
6837         (5) Private, nonprofit elementary and secondary schools are 
6838  eligible for rates and services on the same basis as public 
6839  schools if such schools do not have an endowment in excess of 
6840  $50 million. 
6841         Section 219. Section 282.706, Florida Statutes, is amended 
6842  to read: 
6843         282.706 Use of SUNCOM Network by libraries.—The Agency for 
6844  Enterprise Information Technology department may provide SUNCOM 
6845  Network services to any library in the state, including 
6846  libraries in public schools, community colleges, state 
6847  universities, and nonprofit private postsecondary educational 
6848  institutions, and libraries owned and operated by municipalities 
6849  and political subdivisions. 
6850         Section 220. Section 282.707, Florida Statutes, is amended 
6851  to read: 
6852         282.707 SUNCOM Network; criteria for usage.— 
6853         (1) The Agency for Enterprise Information Technology 
6854  department shall periodically review the qualifications of 
6855  subscribers using the state SUNCOM Network and shall terminate 
6856  services provided to any facility not qualified under this part 
6857  or rules adopted hereunder. In the event of nonpayment of 
6858  invoices by subscribers whose SUNCOM Network invoices are paid 
6859  from sources other than legislative appropriations, such 
6860  nonpayment represents good and sufficient reason to terminate 
6861  service. 
6862         (2) The agency department shall adopt rules for 
6863  implementing and operating the state SUNCOM Network, which 
6864  include procedures for withdrawing and restoring authorization 
6865  to use the state SUNCOM Network. Such rules must shall provide a 
6866  minimum of 30 days’ notice to affected parties before 
6867  terminating voice communications service. 
6868         (3) This section does not limit or restrict the ability of 
6869  the Florida Public Service Commission to set jurisdictional 
6870  tariffs of telecommunications companies. 
6871         Section 221. Section 282.709, Florida Statutes, is amended 
6872  to read: 
6873         282.709 State agency law enforcement radio system and 
6874  interoperability network.— 
6875         (1) The Department of Law Enforcement may acquire and 
6876  administer a statewide radio communications system to serve law 
6877  enforcement units of state agencies, and to serve local law 
6878  enforcement agencies through mutual aid channels. 
6879         (a) The department shall, in conjunction with the Agency 
6880  for Enterprise Information Technology Department of Law 
6881  Enforcement and the Division of Emergency Management of the 
6882  Department of Community Affairs, establish policies, procedures, 
6883  and standards to be incorporated into a comprehensive management 
6884  plan for the use and operation of the statewide radio 
6885  communications system. 
6886         (b) The department shall bear the overall responsibility 
6887  for the design, engineering, acquisition, and implementation of 
6888  the statewide radio communications system and for ensuring the 
6889  proper operation and maintenance of all common system equipment. 
6890         (c)1. The department may rent or lease space on any tower 
6891  under its control and refuse to lease space on any tower at any 
6892  site. 
6893         2. The department may rent, lease, or sublease ground space 
6894  as necessary to locate equipment to support antennae on the 
6895  towers. The costs for the use of such space shall be established 
6896  by the department for each site if it is determined to be 
6897  practicable and feasible to make space available. 
6898         3. The department may rent, lease, or sublease ground space 
6899  on lands acquired by the department for the construction of 
6900  privately owned or publicly owned towers. The department may, as 
6901  a part of such rental, lease, or sublease agreement, require 
6902  space on such towers for antennae as necessary for the 
6903  construction and operation of the state agency law enforcement 
6904  radio system or any other state need. 
6905         4. All moneys collected by the department for rents, 
6906  leases, and subleases under this subsection shall be deposited 
6907  directly into the State Agency Law Enforcement Radio System 
6908  Trust Fund established in subsection (3) and may be used by the 
6909  department to construct, maintain, or support the system. 
6910         5. The positions necessary for the department to accomplish 
6911  its duties under this subsection shall be established in the 
6912  General Appropriations Act and funded by the Law Enforcement 
6913  Radio Operating Trust Fund or other revenue sources. 
6914         (d) The department shall exercise its powers and duties 
6915  under this part to plan, manage, and administer the mutual aid 
6916  channels in the statewide radio communication system. 
6917         1. In implementing such powers and duties, the department 
6918  shall consult and act in conjunction with the Department of Law 
6919  Enforcement and the Division of Emergency Management of the 
6920  Department of Community Affairs, and shall manage and administer 
6921  the mutual aid channels in a manner that reasonably addresses 
6922  the needs and concerns of the involved law enforcement agencies 
6923  and emergency response agencies and entities. 
6924         2. The department may make the mutual aid channels 
6925  available to federal agencies, state agencies, and agencies of 
6926  the political subdivisions of the state for the purpose of 
6927  public safety and domestic security. 
6928         (e) The department may allow other state agencies to use 
6929  the statewide radio communications system under terms and 
6930  conditions established by the department. 
6931         (2) The Joint Task Force on State Agency Law Enforcement 
6932  Communications is created adjunct to the department to advise 
6933  the department of member-agency needs relating to the planning, 
6934  designing, and establishment of the statewide communication 
6935  system. 
6936         (a) The Joint Task Force on State Agency Law Enforcement 
6937  Communications shall consist of eight members, as follows: 
6938         1. A representative of the Division of Alcoholic Beverages 
6939  and Tobacco of the Department of Business and Professional 
6940  Regulation who shall be appointed by the secretary of the 
6941  department. 
6942         2. A representative of the Division of Florida Highway 
6943  Patrol of the Department of Highway Safety and Motor Vehicles 
6944  who shall be appointed by the executive director of the 
6945  department. 
6946         3. A representative of the Department of Law Enforcement 
6947  who shall be appointed by the executive director of the 
6948  department. 
6949         4. A representative of the Fish and Wildlife Conservation 
6950  Commission who shall be appointed by the executive director of 
6951  the commission. 
6952         5. A representative of the Division of Law Enforcement of 
6953  the Department of Environmental Protection who shall be 
6954  appointed by the secretary of the department. 
6955         6. A representative of the Department of Corrections who 
6956  shall be appointed by the secretary of the department. 
6957         7. A representative of the Division of State Fire Marshal 
6958  of the Department of Financial Services who shall be appointed 
6959  by the State Fire Marshal. 
6960         8. A representative of the Department of Transportation who 
6961  shall be appointed by the secretary of the department. 
6962         (b) Each appointed member of the joint task force shall 
6963  serve at the pleasure of the appointing official. Any vacancy on 
6964  the joint task force shall be filled in the same manner as the 
6965  original appointment. A joint task force member may, upon 
6966  notification to the chair before the beginning of any scheduled 
6967  meeting, appoint an alternative to represent the member on the 
6968  task force and vote on task force business in his or her 
6969  absence. 
6970         (c) The joint task force shall elect a chair from among its 
6971  members to serve a 1-year term. A vacancy in the chair of the 
6972  joint task force must be filled for the remainder of the 
6973  unexpired term by an election of the joint task force members. 
6974         (d) The joint task force shall meet as necessary, but at 
6975  least quarterly, at the call of the chair and at the time and 
6976  place designated by him or her. 
6977         (e) The per diem and travel expenses incurred by a member 
6978  of the joint task force in attending its meetings and in 
6979  attending to its affairs shall be paid pursuant to s. 112.061, 
6980  from funds budgeted to the state agency that the member 
6981  represents. 
6982         (f) The department shall provide technical support to the 
6983  joint task force. 
6984         (3) The State Agency Law Enforcement Radio System Trust 
6985  Fund is established in the department and funded from surcharges 
6986  collected under ss. 318.18, 320.0802, and 328.72. Upon 
6987  appropriation, moneys in the trust fund may be used by the 
6988  department to acquire by competitive procurement the equipment, 
6989  software, and engineering, administrative, and maintenance 
6990  services it needs to construct, operate, and maintain the 
6991  statewide radio system. Moneys in the trust fund collected as a 
6992  result of the surcharges set forth in ss. 318.18, 320.0802, and 
6993  328.72 shall be used to help fund the costs of the system. Upon 
6994  completion of the system, moneys in the trust fund may also be 
6995  used by the department for payment of the recurring maintenance 
6996  costs of the system. 
6997         (4) The department may create and administer an 
6998  interoperability network to enable interoperability between 
6999  various radio communications technologies and to serve federal 
7000  agencies, state agencies, and agencies of political subdivisions 
7001  of the state for the purpose of public safety and domestic 
7002  security. 
7003         (a) The department shall, in conjunction with the 
7004  Department of Law Enforcement and the Division of Emergency 
7005  Management of the Department of Community Affairs, exercise its 
7006  powers and duties pursuant to this chapter to plan, manage, and 
7007  administer the interoperability network. The office may: 
7008         1. Enter into mutual aid agreements among federal agencies, 
7009  state agencies, and political subdivisions of the state for the 
7010  use of the interoperability network. 
7011         2. Establish the cost of maintenance and operation of the 
7012  interoperability network and charge subscribing federal and 
7013  local law enforcement agencies for access and use of the 
7014  network. The department may not charge state law enforcement 
7015  agencies identified in paragraph (2)(a) to use the network. 
7016         3. In consultation with the Department of Law Enforcement 
7017  and the Division of Emergency Management of the Department of 
7018  Community Affairs, amend and enhance the statewide radio 
7019  communications system as necessary to implement the 
7020  interoperability network. 
7021         (b) The department, in consultation with the Joint Task 
7022  Force on State Agency Law Enforcement Communications, and in 
7023  conjunction with the Department of Law Enforcement and the 
7024  Division of Emergency Management of the Department of Community 
7025  Affairs, shall establish policies, procedures, and standards to 
7026  incorporate into a comprehensive management plan for the use and 
7027  operation of the interoperability network. 
7028         Section 222. Section 282.7101, Florida Statutes, is amended 
7029  to read: 
7030         282.7101 Statewide system of regional law enforcement 
7031  communications.— 
7032         (1) It is the intent and purpose of the Legislature that a 
7033  statewide system of regional law enforcement communications be 
7034  developed whereby maximum efficiency in the use of existing 
7035  radio channels is achieved in order to deal more effectively 
7036  with the apprehension of criminals and the prevention of crime. 
7037  To this end, all law enforcement agencies within the state are 
7038  directed to provide the Department of Law Enforcement with any 
7039  information the department requests for the purpose of 
7040  implementing the provisions of subsection (2). 
7041         (2) The Department of Law Enforcement shall is hereby 
7042  authorized and directed to develop and maintain a statewide 
7043  system of regional law enforcement communications. In 
7044  formulating such a system, the department shall divide the state 
7045  into appropriate regions and shall develop a program that 
7046  includes, but is not limited to: 
7047         (a) The communications requirements for each county and 
7048  municipality comprising the region. 
7049         (b) An interagency communications provision that depicts 
7050  the communication interfaces between municipal, county, and 
7051  state law enforcement entities operating within the region. 
7052         (c) A frequency allocation and use provision that includes, 
7053  on an entity basis, each assigned and planned radio channel and 
7054  the type of operation, simplex, duplex, or half-duplex, on each 
7055  channel. 
7056         (3) The department shall adopt any necessary rules and 
7057  regulations for administering and coordinating the statewide 
7058  system of regional law enforcement communications. 
7059         (4) The executive director secretary of the department or a 
7060  his or her designee shall be is designated as the director of 
7061  the statewide system of regional law enforcement communications 
7062  and, for the purpose of carrying out the provisions of this 
7063  section, may coordinate the activities of the system with other 
7064  interested state agencies and local law enforcement agencies. 
7065         (5) A law enforcement communications system may not be 
7066  established or expanded without the prior approval of the 
7067  department. 
7068         (6) Within the limits of its capability, the Department of 
7069  Law Enforcement is encouraged to lend assistance to the 
7070  department in the development of the statewide system of 
7071  regional law enforcement communications proposed by this 
7072  section. 
7073         Section 223. Section 282.711, Florida Statutes, is amended 
7074  to read: 
7075         282.711 Remote electronic access services.—The Agency for 
7076  Enterprise Information Technology department may collect fees 
7077  for providing remote electronic access pursuant to s. 119.07(2). 
7078  The fees may be imposed on individual transactions or as a fixed 
7079  subscription for a designated period of time. All fees collected 
7080  under this section shall be deposited in the appropriate trust 
7081  fund of the program or activity that made the remote electronic 
7082  access available. 
7083         Section 224. Subsections (2) through (6) of section 283.30, 
7084  Florida Statutes, are amended to read: 
7085         283.30 Definitions.—As used in this part, unless the 
7086  context clearly requires otherwise, the term: 
7087         (2) “Department” means the Department of Management 
7088  Services. 
7089         (2)(3) “Duplicating” means the process of reproducing an 
7090  image or images from an original to a final substrate through 
7091  the electrophotographic, xerographic, laser, or offset process 
7092  or any combination of these processes, by which an operator can 
7093  make more than one copy without rehandling the original. 
7094         (3)(4) “Printing” means is the transfer of an image or 
7095  images by the use of ink or similar substance from an original 
7096  image to the final substrate through the process of letterpress, 
7097  offset lithography, gravure, screen printing, or engraving. 
7098  Printing includes shall include the process of and the materials 
7099  used in binding. Printing shall also includes include 
7100  duplicating when used to produce publications. 
7101         (4)(5) “Public” means those entities and persons other than 
7102  subordinate and functionally related or connected federal, 
7103  state, or local governmental agencies. 
7104         (5)(6) “Publication” means any document, whether produced 
7105  for public or internal distribution. 
7106         Section 225. Subsection (3) of section 283.32, Florida 
7107  Statutes, is amended to read: 
7108         283.32 Recycled paper to be used by each agency; printing 
7109  bids certifying use of recycled paper; percentage preference in 
7110  awarding contracts.— 
7111         (3) Upon the evaluation of bids for each printing contract, 
7112  the agency shall identify the lowest responsive bid and any 
7113  other responsive bids in which it has been certified that the 
7114  materials used in printing contain at least the minimum 
7115  percentage of recycled content that is set forth by the 
7116  Department of Financial Services. In awarding a contract for 
7117  printing, the agency may allow up to a 10-percent price 
7118  preference, as provided in s. 287.045, to a responsible and 
7119  responsive vendor that has certified that the materials used in 
7120  printing contain at least the minimum percentage of recycled 
7121  content established by the department. If no vendors offer 
7122  materials for printing that contain the minimum prescribed 
7123  recycled content, the contract shall be awarded to the 
7124  responsible vendor that submits the lowest responsive bid. 
7125         Section 226. Subsection (2) of section 284.01, Florida 
7126  Statutes, is amended to read: 
7127         284.01 State Risk Management Trust Fund; coverages to be 
7128  provided.— 
7129         (2) The fund shall insure all buildings, whether financed 
7130  in whole or in part by revenue bonds or certificates, and the 
7131  contents thereof or of any other buildings leased or rented by 
7132  the state. For the purpose of this section, all manufactured 
7133  homes and contents, whether permanently affixed to realty or 
7134  otherwise, are included. Rental value insurance shall also be 
7135  provided to indemnify the state or any of its agencies for loss 
7136  of income if when such rental income insurance is required to be 
7137  carried by the terms of any bonding or revenue certificates or 
7138  resolutions. Rental value insurance must shall also be provided 
7139  to indemnify the state or any of its agencies for loss of income 
7140  from those buildings operated and maintained by the Department 
7141  of Environmental Protection Management Services from the 
7142  Supervision Trust Fund. 
7143         Section 227. Section 284.04, Florida Statutes, is amended 
7144  to read: 
7145         284.04 Notice and information required by Department of 
7146  Financial Services of all Newly erected or acquired state 
7147  property subject to insurance.—The Department of Environmental 
7148  Protection Management Services and all agencies in charge of 
7149  state property shall notify the Department of Financial Services 
7150  of all newly erected or acquired property subject to coverage as 
7151  soon as erected or acquired, giving its value, type of 
7152  construction, location, whether inside or outside of corporate 
7153  limits, occupancy, and any other information the Department of 
7154  Financial Services may require in connection with such property. 
7155  Such department or agency shall also immediately notify the 
7156  Department of Financial Services immediately of any change in 
7157  value or occupancy of any property covered by the fund. Unless 
7158  the above data is submitted in writing within a reasonable time 
7159  following such erection, acquisition, or change, the Department 
7160  of Financial Services shall provide insurance coverage to the 
7161  extent shown by the last notification in writing to the fund or 
7162  in accordance with the last valuation shown by fund records. In 
7163  case of disagreement between the Department of Financial 
7164  Services and the agency or person in charge of any covered state 
7165  property as to its true value, the amount of the insurance to be 
7166  carried thereon, the proper premium rate or rates, or amount of 
7167  loss settlement, the matter in disagreement shall be determined 
7168  by the Department of Environmental Protection Management 
7169  Services. 
7170         Section 228. Section 284.05, Florida Statutes, is amended 
7171  to read: 
7172         284.05 Inspection of insured state property.—The Department 
7173  of Financial Services shall inspect all permanent buildings 
7174  insured by the State Risk Management Trust Fund, and whenever 
7175  conditions are found to exist which, in the opinion of the 
7176  Department of Financial Services, conditions are found to exist 
7177  which are hazardous from the standpoint of destruction by fire 
7178  or other loss, the department of Financial Services may order 
7179  the same repaired or remedied, and the agency, board, or person 
7180  in charge of such property must immediately repair or remedy is 
7181  required to have such dangerous conditions immediately repaired 
7182  or remedied upon written notice from the department of Financial 
7183  Services of the such hazardous conditions. Such amounts as may 
7184  be necessary to comply with such notice or notices shall be paid 
7185  by the Department of Environmental Protection Management 
7186  Services or by the agency, board, or person in charge of such 
7187  property out of any moneys appropriated for the maintenance of 
7188  the respective agency or for the repairs or permanent 
7189  improvement of such properties or from any incidental or 
7190  contingent funds they may have on hand. If there is In the event 
7191  of a disagreement between the Department of Financial Services 
7192  and the agency, board, or person having charge of such property 
7193  as to the necessity of the repairs or remedies ordered, the 
7194  matter in disagreement shall be determined by the Department of 
7195  Environmental Protection Management Services. 
7196         Section 229. Section 284.08, Florida Statutes, is amended 
7197  to read: 
7198         284.08 Reinsurance on excess coverage and approval by 
7199  Department of Management Services.—The Department of Financial 
7200  Services shall determine what excess coverage is necessary and 
7201  may purchase reinsurance thereon upon approval by the Department 
7202  of Management Services. 
7203         Section 230. Subsection (1) of section 284.33, Florida 
7204  Statutes, is amended to read: 
7205         284.33 Purchase of insurance, reinsurance, and services.— 
7206         (1) The Department of Financial Services shall is 
7207  authorized to provide insurance, specific excess insurance, and 
7208  aggregate excess insurance through the Department of Management 
7209  Services, pursuant to the provisions of part I of chapter 287, 
7210  as necessary to provide insurance coverages authorized by this 
7211  part, consistent with market availability. However, The 
7212  department of Financial Services may directly purchase annuities 
7213  by using a structured settlement insurance consulting firm 
7214  selected by the department to assist in the settlement of claims 
7215  being handled by the Division of Risk Management. The selection 
7216  of the structured settlement insurance services consultant shall 
7217  be made by using competitive sealed proposals. The consulting 
7218  firm shall act as an agent of record for the department in 
7219  procuring the best annuity products available to facilitate 
7220  structured settlement of claims, considering price, insurer 
7221  financial strength, and the best interests of the state risk 
7222  management program. Purchase of annuities by the department 
7223  using a structured settlement method is excepted from 
7224  competitive sealed bidding or proposal requirements. The 
7225  department may also of Financial Services is further authorized 
7226  to purchase such risk management services, including, but not 
7227  limited to, risk and claims control; safety management; and 
7228  legal, investigative, and adjustment services, as may be 
7229  required and pay claims. The department may contract with a 
7230  service organization for such services and advance money to such 
7231  service organization for deposit in a special checking account 
7232  for paying claims made against the state under the provisions of 
7233  this part. The special checking account shall be maintained in 
7234  this state in a bank or savings association organized under the 
7235  laws of this state or of the United States. The department may 
7236  replenish such account as often as necessary upon the 
7237  presentation by the service organization of documentation for 
7238  payments of claims equal to the amount of the requested 
7239  reimbursement. 
7240         Section 231. Section 284.385, Florida Statutes, is amended 
7241  to read: 
7242         284.385 Reporting and handling of claims.—All departments 
7243  covered by the State Risk Management Trust Fund under this part 
7244  shall immediately report all known or potential claims to the 
7245  Department of Financial Services for handling, except employment 
7246  complaints which have not been filed with the Florida Human 
7247  Relations Commission, Equal Employment Opportunity Commission, 
7248  or any similar agency. If When deemed necessary, the Department 
7249  of Financial Services shall assign or reassign the claim to 
7250  counsel. The assigned counsel shall report regularly to the 
7251  Department of Financial Services or to the covered department on 
7252  the status of any such claims or litigation as required by the 
7253  Department of Financial Services. A No such claim may not shall 
7254  be compromised or settled for monetary compensation without the 
7255  prior approval of the Department of Financial Services and prior 
7256  notification to the covered department. All departments shall 
7257  cooperate with the Department of Financial Services in its 
7258  handling of claims. The Department of Financial Services and the 
7259  Department of Management Services, with the cooperation of the 
7260  state attorneys and the clerks of the courts, shall develop a 
7261  system to coordinate the exchange of information concerning 
7262  claims for and against the state, its agencies, and its 
7263  subdivisions, to assist in collection of amounts due to them. 
7264  The covered department shall have the responsibility for the 
7265  settlement of any claim for injunctive or affirmative relief 
7266  under 42 U.S.C. s. 1983 or similar federal or state statutes. 
7267  The payment of a settlement or judgment for any claim covered 
7268  and reported under this part shall be made only from the State 
7269  Risk Management Trust Fund. 
7270         Section 232. Section 284.42, Florida Statutes, is amended 
7271  to read: 
7272         284.42 Reports on state insurance program.— 
7273         (1) The Department of Financial Services, with the 
7274  Department of Management Services, shall make an analysis of the 
7275  state insurance program annually, which includes shall include: 
7276         (a) Complete underwriting information as to the nature of 
7277  the risks accepted for self-insurance and those risks that are 
7278  transferred to the insurance market. 
7279         (b) The funds allocated to the Florida Casualty Risk 
7280  Management Trust Fund and premiums paid for insurance through 
7281  the market. 
7282         (c) The method of handling legal matters and the cost 
7283  allocated. 
7284         (d) The method and cost of handling inspection and 
7285  engineering of risks. 
7286         (e) The cost of risk management service purchased. 
7287         (f) The cost of managing the State Insurance Program by the 
7288  Department of Financial Services and the Department of 
7289  Management Services. 
7290         (2) The department departments shall make available 
7291  complete claims history including description of loss, claims 
7292  paid and reserved, and the cost of all claims handled by the 
7293  state. 
7294         Section 233. Section 285.06, Florida Statutes, is amended 
7295  to read: 
7296         285.06 State Indian Reservation.—If When, as the result of 
7297  the exchanges provided for in ss. 285.04 and 285.05, there shall 
7298  have been established a reservation that has been established 
7299  for the Indians by the United States in Florida, the State 
7300  Seminole Indian Reservation in Monroe County, created by chapter 
7301  7310, Acts of 1917, is shall be withdrawn and returned to the 
7302  Board of Trustees of the Internal Improvement Trust Fund,; and 
7303  thereupon the board of trustees of the Internal Improvement 
7304  Trust Fund shall set aside a tract of land of approximately 
7305  equal size and of suitable character, adjacently located, as 
7306  nearly as may be, to the reservation to be established by the 
7307  United States; and said lands, when so set aside, shall 
7308  constitute the State Indian Reservation and shall be held in 
7309  trust by the Department of Environmental Protection Management 
7310  Services for the perpetual benefit of the Indians and as a 
7311  reservation for them. 
7312         Section 234. Subsection (4) of section 285.14, Florida 
7313  Statutes, is amended to read: 
7314         285.14 Board of Trustees of the Internal Improvement Trust 
7315  Fund as trustee to accept donations of and acquire property for 
7316  Indians.— 
7317         (4) The Department of Environmental Protection Management 
7318  Services, the State Board of Education, and any other state 
7319  board or agency having title to lands or having lands under 
7320  their jurisdiction, management, or control, may in their 
7321  discretion convey and transfer to the board of trustees the 
7322  title to such any of said lands in trust for the use and benefit 
7323  of said Indians. 
7324         Section 235. Subsections (1) and (3) of section 286.29, 
7325  Florida Statutes, are amended to read: 
7326         286.29 Climate-friendly public business.—The Legislature 
7327  recognizes the importance of leadership by state government in 
7328  the area of energy efficiency and in reducing the greenhouse gas 
7329  emissions of state government operations. The following shall 
7330  pertain to all state agencies when conducting public business: 
7331         (1) The Department of Financial Management Services shall 
7332  develop the “Florida Climate-Friendly Preferred Products List.” 
7333  In maintaining that list, the department, in consultation with 
7334  the Department of Environmental Protection, shall continually 
7335  assess products currently available for purchase under state 
7336  term contracts to identify specific products and vendors that 
7337  offer clear energy efficiency or other environmental benefits 
7338  over competing products. When procuring products from state term 
7339  contracts, state agencies shall first consult the Florida 
7340  Climate-Friendly Preferred Products List and procure such 
7341  products if the price is comparable. 
7342         (3) Each state agency shall ensure that all maintained 
7343  vehicles meet minimum maintenance schedules shown to reduce fuel 
7344  consumption, which include: ensuring appropriate tire pressures 
7345  and tread depth; replacing fuel filters and emission filters at 
7346  recommended intervals; using proper motor oils; and performing 
7347  timely motor maintenance. Each state agency shall measure and 
7348  report compliance to the Department of Financial Management 
7349  Services through the Equipment Management Information System 
7350  database. 
7351         Section 236. Subsections (10) and (19) of section 287.012, 
7352  Florida Statutes, are amended to read: 
7353         287.012 Definitions.—As used in this part, the term: 
7354         (10) “Department” means the Department of Financial 
7355  Management Services. 
7356         (19) “Office” means the Office of Supplier Diversity in of 
7357  the department of Management Services. 
7358         Section 237. Subsection (4) of section 287.025, Florida 
7359  Statutes, is amended to read: 
7360         287.025 Prohibition against certain insurance coverage on 
7361  specified state property or insurable subjects.— 
7362         (4) No primary insurance contracts shall be purchased on 
7363  any property or insurable subjects when the same is loaned to, 
7364  leased by, or intended to be leased by, the state or its 
7365  departments, divisions, bureaus, commissions, or agencies unless 
7366  such coverage is required by the terms of the lease agreement 
7367  and unless the insurance coverages required by the provisions of 
7368  the lease are approved in writing by the Department of Financial 
7369  Management Services. 
7370         Section 238. Section 287.032, Florida Statutes, is amended 
7371  to read: 
7372         287.032 Purpose of department.—It shall be The purpose of 
7373  the Department of Financial Management Services under this 
7374  chapter is to: 
7375         (1) To Promote efficiency, economy, and the conservation of 
7376  energy and to effect coordination in the purchase of commodities 
7377  and contractual services for the state. 
7378         (2) To Provide uniform commodity and contractual service 
7379  procurement policies, rules, procedures, and forms for use by 
7380  agencies and eligible users. 
7381         (3) To Procure and distribute federal surplus tangible 
7382  personal property allocated to the state by the Federal 
7383  Government. 
7384         Section 239. Paragraph (h) of subsection (1), paragraph (b) 
7385  of subsection (2), and subsection (8) of section 287.042, 
7386  Florida Statutes, are amended to read: 
7387         287.042 Powers, duties, and functions.—The department shall 
7388  have the following powers, duties, and functions: 
7389         (1) 
7390         (h) The department may collect fees for the use of its 
7391  electronic information services. The fees may be imposed on an 
7392  individual transaction basis or as a fixed subscription for a 
7393  designated period of time. At a minimum, the fees shall be 
7394  determined in an amount sufficient to cover the department’s 
7395  projected costs of the services, including overhead in 
7396  accordance with the department’s policies of the Department of 
7397  Management Services for computing its administrative assessment. 
7398  All fees collected under this paragraph shall be deposited in 
7399  the Operating Trust Fund for disbursement as provided by law. 
7400         (2) 
7401         (b) As an alternative to any provision in s. 120.57(3)(c), 
7402  the department may proceed with the competitive solicitation or 
7403  contract award process of a term contract if the Chief Financial 
7404  Officer when the secretary of the department or a his or her 
7405  designee sets forth in writing particular facts and 
7406  circumstances that which demonstrate that the delay incident to 
7407  staying the solicitation or contract award process would be 
7408  detrimental to the interests of the state. After the award of a 
7409  contract resulting from a competitive solicitation in which a 
7410  timely protest was received and in which the state did not 
7411  prevail, the contract may be canceled and reawarded. 
7412         (8) To provide any commodity and contractual service 
7413  purchasing rules to the Chief Financial Officer and all agencies 
7414  through an electronic medium or other means. Agencies may not 
7415  approve any account or request any payment of any account for 
7416  the purchase of any commodity or the procurement of any 
7417  contractual service covered by a purchasing or contractual 
7418  service rule except as authorized therein. The department shall 
7419  furnish copies of department rules adopted by the department to 
7420  any county, municipality, or other local public agency 
7421  requesting them. 
7422         Section 240. Subsections (7) and (8) and paragraph (c) of 
7423  subsection (9) of section 287.055, Florida Statutes, are amended 
7424  to read: 
7425         287.055 Acquisition of professional architectural, 
7426  engineering, landscape architectural, or surveying and mapping 
7427  services; definitions; procedures; contingent fees prohibited; 
7428  penalties.— 
7429         (7) AUTHORITY OF DEPARTMENT OF ENVIRONMENTAL PROTECTION 
7430  MANAGEMENT SERVICES.—Notwithstanding any other provision of this 
7431  section, the Department of Environmental Protection Management 
7432  Services shall be the agency of state government which is solely 
7433  and exclusively authorized and empowered to administer and 
7434  perform the functions described in subsections (3), (4), and (5) 
7435  respecting all projects for which the funds necessary to 
7436  complete same are appropriated to the department of Management 
7437  Services, irrespective of whether such projects are intended for 
7438  the use and benefit of the department of Management Services or 
7439  any other agency of government. However, nothing herein shall be 
7440  construed to be in derogation of any authority conferred on the 
7441  Department of Environmental Protection Management Services by 
7442  other express provisions of law. Additionally, any agency of 
7443  government may, with the approval of the department of 
7444  Management Services, delegate to the department of Management 
7445  Services authority to administer and perform the functions 
7446  described in subsections (3), (4), and (5). Under the terms of 
7447  the delegation, the agency may reserve its right to accept or 
7448  reject a proposed contract. 
7449         (8) STATE ASSISTANCE TO LOCAL AGENCIES.—On any professional 
7450  service contract for which the fee is over $25,000, the 
7451  Department of Transportation or the Department of Environmental 
7452  Protection Management Services shall provide, upon request by a 
7453  municipality, political subdivision, school board, or school 
7454  district, and upon reimbursement of the costs involved, 
7455  assistance in selecting consultants and in negotiating 
7456  consultant contracts. 
7457         (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.— 
7458         (c) Except as otherwise provided in s. 337.11(7), the 
7459  Department of Environmental Protection Management Services shall 
7460  adopt rules for the award of design-build contracts to be 
7461  followed by state agencies. Each other agency must adopt rules 
7462  or ordinances for the award of design-build contracts. 
7463  Municipalities, political subdivisions, school districts, and 
7464  school boards shall award design-build contracts by the use of a 
7465  competitive proposal selection process as described in this 
7466  subsection, or by the use of a qualifications-based selection 
7467  process pursuant to subsections (3), (4), and (5) for entering 
7468  into a contract whereby the selected firm shall will, subsequent 
7469  to competitive negotiations, establish a guaranteed maximum 
7470  price and guaranteed completion date. If the procuring agency 
7471  elects the option of qualifications-based selection, during the 
7472  selection of the design-build firm the procuring agency shall 
7473  employ or retain a licensed design professional appropriate to 
7474  the project to serve as the agency’s representative. Procedures 
7475  for the use of a competitive proposal selection process must 
7476  include, at as a minimum, the following: 
7477         1. The preparation of a design criteria package for the 
7478  design and construction of the public construction project. 
7479         2. The qualification and selection of at least no fewer 
7480  than three design-build firms as the most qualified, based on 
7481  the qualifications, availability, and past work of the firms, 
7482  including the partners or members thereof. 
7483         3. The criteria, procedures, and standards for the 
7484  evaluation of design-build contract proposals or bids, based on 
7485  price, technical, and design aspects of the public construction 
7486  project, weighted for the project. 
7487         4. The solicitation of competitive proposals, pursuant to a 
7488  design criteria package, from those qualified design-build firms 
7489  and the evaluation of the responses or bids submitted by those 
7490  firms based on the evaluation criteria and procedures 
7491  established before prior to the solicitation of competitive 
7492  proposals. 
7493         5. For consultation with the employed or retained design 
7494  criteria professional concerning the evaluation of the responses 
7495  or bids submitted by the design-build firms, the supervision or 
7496  approval by the agency of the detailed working drawings of the 
7497  project; and for evaluation of the compliance of the project 
7498  construction with the design criteria package by the design 
7499  criteria professional. 
7500         6. In the case of public emergencies, for the agency head 
7501  to declare an emergency and authorize negotiations with the best 
7502  qualified design-build firm available at that time. 
7503         Section 241. Paragraph (d) of subsection (5) and paragraph 
7504  (b) of subsection (17) of section 287.057, Florida Statutes, are 
7505  amended to read: 
7506         287.057 Procurement of commodities or contractual 
7507  services.— 
7508         (5) When the purchase price of commodities or contractual 
7509  services exceeds the threshold amount provided in s. 287.017 for 
7510  CATEGORY TWO, no purchase of commodities or contractual services 
7511  may be made without receiving competitive sealed bids, 
7512  competitive sealed proposals, or competitive sealed replies 
7513  unless: 
7514         (d) If When it is in the best interest of the state, the 
7515  Chief Financial Officer secretary of the department or a his or 
7516  her designee may authorize the Support Program to purchase 
7517  insurance by negotiation, but such purchase shall be made only 
7518  under conditions most favorable to the public interest. 
7519         (17) For a contract in excess of the threshold amount 
7520  provided in s. 287.017 for CATEGORY FOUR, the agency head shall 
7521  appoint: 
7522         (b) At least three persons to conduct negotiations during a 
7523  competitive sealed reply procurement who collectively have 
7524  experience and knowledge in negotiating contracts, contract 
7525  procurement, and the program areas and service requirements for 
7526  which commodities or contractual services are sought. If When 
7527  the value of a contract is in excess of $1 million in any fiscal 
7528  year, at least one of the persons conducting negotiations must 
7529  be certified as a contract negotiator in accordance with 
7530  department based upon rules adopted by the Department of 
7531  Management Services in order to ensure that certified contract 
7532  negotiators are knowledgeable about effective negotiation 
7533  strategies, capable of successfully implementing those 
7534  strategies, and involved appropriately in the procurement 
7535  process. At a minimum, the rules must address the qualifications 
7536  required for certification, the method of certification, and the 
7537  procedure for involving the certified negotiator. If the value 
7538  of a contract is in excess of $10 million in any fiscal year, at 
7539  least one of the persons conducting negotiations must be a 
7540  Project Management Professional, as certified by the Project 
7541  Management Institute. 
7542         Section 242. Section 287.05721, Florida Statutes, is 
7543  amended to read: 
7544         287.05721 Definitions.—As used in ss. 287.0571-287.0574, 
7545  the term: 
7546         (1) “Council” means the Council on Efficient Government. 
7547         (2) “outsource” means the process of contracting with a 
7548  vendor to provide a service as defined in s. 216.011(1)(f), in 
7549  whole or in part, or an activity as defined in s. 
7550  216.011(1)(rr), while a state agency retains the responsibility 
7551  and accountability for the service or activity and there is a 
7552  transfer of management responsibility for the delivery of 
7553  resources and the performance of those resources. 
7554         Section 243. Section 287.0573, Florida Statutes, is 
7555  repealed. 
7556         Section 244. Subsections (1), (2), (3), and (4) of section 
7557  287.0574, Florida Statutes, are amended to read: 
7558         287.0574 Business cases to outsource; review and analysis; 
7559  requirements.— 
7560         (1) A business case to outsource having a projected cost 
7561  exceeding $10 million in any fiscal year shall require: 
7562         (a) An initial business case analysis conducted by the 
7563  state agency and submitted to the council, the Governor, the 
7564  President of the Senate, and the Speaker of the House of 
7565  Representatives at least 60 days before a solicitation is 
7566  issued. The council shall evaluate the business case analysis 
7567  and submit an advisory report to the state agency, the Governor, 
7568  the President of the Senate, and the Speaker of the House of 
7569  Representatives when the advisory report is completed, but at 
7570  least 30 days before the agency issues the solicitation. 
7571         (b) A final business case analysis conducted by the state 
7572  agency and submitted after the conclusion of any negotiations, 
7573  at least 30 days before execution of a contract, to the council, 
7574  the Governor, the President of the Senate, and the Speaker of 
7575  the House of Representatives. 
7576         (2) A proposal to outsource having a projected total cost 
7577  that ranges from $1 million to $10 million must in any fiscal 
7578  year shall require: 
7579         (a) An initial business case analysis conducted by the 
7580  state agency and submission of the business case, at least 30 
7581  days before issuing a solicitation, to the council, the 
7582  Governor, the President of the Senate, and the Speaker of the 
7583  House of Representatives. 
7584         (b) A final business case analysis conducted by the state 
7585  agency and submitted after the conclusion of any negotiations, 
7586  at least 30 days before execution of a contract, to the council, 
7587  the Governor, the President of the Senate, and the Speaker of 
7588  the House of Representatives. 
7589         (3) A business case to outsource that has having a 
7590  projected cost that is less than $1 million must in any fiscal 
7591  year shall require a final business case analysis conducted by 
7592  the state agency after the conclusion of any negotiations and 
7593  provided at least 30 days before execution of a contract to the 
7594  council. The council shall provide such business cases in its 
7595  annual report to the Legislature. 
7596         (4) For any proposed outsourcing, the state agency shall 
7597  develop a business case that justifies the proposal to 
7598  outsource. In order to reduce any administrative burden, the 
7599  council may allow a state agency shall to submit the business 
7600  case in the form required by the budget instructions issued 
7601  pursuant to s. 216.023(4)(a)7., augmented with additional 
7602  information if necessary, to ensure that the requirements of 
7603  this section are met. The business case is not subject to 
7604  challenge or protest pursuant to chapter 120. The business case 
7605  must include, but need not be limited to: 
7606         (a) A detailed description of the service or activity for 
7607  which the outsourcing is proposed. 
7608         (b) A description and analysis of the state agency’s 
7609  current performance, based on existing performance metrics if 
7610  the state agency is currently performing the service or 
7611  activity. 
7612         (c) The goals desired to be achieved through the proposed 
7613  outsourcing and the rationale for such goals. 
7614         (d) A citation to the existing or proposed legal authority 
7615  for outsourcing the service or activity. 
7616         (e) A description of available options for achieving the 
7617  goals. If state employees are currently performing the service 
7618  or activity, at least one option involving maintaining state 
7619  provision of the service or activity must shall be included. 
7620         (f) An analysis of the advantages and disadvantages of each 
7621  option, including, at a minimum, potential performance 
7622  improvements and risks. 
7623         (g) A description of the current market for the contractual 
7624  services that are under consideration for outsourcing. 
7625         (h) A cost-benefit analysis documenting the direct and 
7626  indirect specific baseline costs, savings, and qualitative and 
7627  quantitative benefits involved in or resulting from the 
7628  implementation of the recommended option or options. Such 
7629  analysis must specify the schedule that, at a minimum, must be 
7630  adhered to in order to achieve the estimated savings. All 
7631  elements of cost must be clearly identified in the cost-benefit 
7632  analysis, described in the business case, and supported by 
7633  applicable records and reports. The state agency head shall 
7634  attest that, based on the data and information underlying the 
7635  business case, to the best of his or her knowledge, all 
7636  projected costs, savings, and benefits are valid and achievable. 
7637  As used in this section, the term “cost” means the reasonable, 
7638  relevant, and verifiable cost, which may include, but is not 
7639  limited to, elements such as personnel, materials and supplies, 
7640  services, equipment, capital depreciation, rent, maintenance and 
7641  repairs, utilities, insurance, personnel travel, overhead, and 
7642  interim and final payments. The appropriate elements shall 
7643  depend on the nature of the specific initiative. As used in this 
7644  section, the term “savings” means the difference between the 
7645  direct and indirect actual annual baseline costs compared to the 
7646  projected annual cost for the contracted functions or 
7647  responsibilities in any succeeding state fiscal year during the 
7648  term of the contract. 
7649         (i) A description of differences among current state agency 
7650  policies and processes and, as appropriate, a discussion of 
7651  options for or a plan to standardize, consolidate, or revise 
7652  current policies and processes, if any, to reduce the 
7653  customization of any proposed solution that would otherwise be 
7654  required. 
7655         (j) A description of the specific performance standards 
7656  that must, at a minimum, be met to ensure adequate performance. 
7657         (k) The projected timeframe for key events from the 
7658  beginning of the procurement process through the expiration of a 
7659  contract. 
7660         (l) A plan to ensure compliance with the public records 
7661  law. 
7662         (m) A specific and feasible contingency plan addressing 
7663  contractor nonperformance and a description of the tasks 
7664  involved in and costs required for its implementation. 
7665         (n) A state agency’s transition plan for addressing changes 
7666  in the number of agency personnel, affected business processes, 
7667  employee transition issues, and communication with affected 
7668  stakeholders, such as agency clients and the public. The 
7669  transition plan must contain a reemployment and retraining 
7670  assistance plan for employees who are not retained by the state 
7671  agency or employed by the contractor. 
7672         (o) A plan for ensuring access by persons with disabilities 
7673  in compliance with applicable state and federal law. 
7674         (p) A description of legislative and budgetary actions 
7675  necessary to accomplish the proposed outsourcing. 
7676         Section 245. Section 287.076, Florida Statutes, is amended 
7677  to read: 
7678         287.076 Project Management Professionals Training for 
7679  personnel involved in managing outsourcings; funding.—The 
7680  department of Management Services may implement a program to 
7681  train state agency employees who are involved in managing 
7682  outsourcings as Project Management Professionals, as certified 
7683  by the Project Management Institute. For the 2006-2007 fiscal 
7684  year, the sum of $500,000 in recurring funds from the General 
7685  Revenue Fund is appropriated to the department of Management 
7686  Services to implement this program. The department of Management 
7687  Services, in consultation with entities subject to this act, 
7688  shall identify personnel to participate in this training based 
7689  on requested need and ensure that each agency is represented. 
7690  The department of Management Services may remit payment for this 
7691  training on behalf of all participating personnel. 
7692         Section 246. Subsection (1) of section 287.083, Florida 
7693  Statutes, is amended to read: 
7694         287.083 Purchase of commodities.— 
7695         (1) It shall be the policy of the state for The Department 
7696  of Financial Management Services shall to consider the life 
7697  cycle cost of commodities purchased by the state, if when 
7698  applicable and feasible as determined by the department. 
7699         Section 247. Section 287.0834, Florida Statutes, is amended 
7700  to read: 
7701         287.0834 Motor vehicles; energy-saving equipment and 
7702  additives.—Each motor vehicle purchased by the state and each 
7703  motor vehicle leased by the state for a period in excess of 1 
7704  year must shall use devices, equipment, and additives that have 
7705  been certified as energy-saving and approved for use by the 
7706  United States Environmental Protection Agency and that have been 
7707  determined by the department to be cost-effective by the 
7708  Department of Management Services. 
7709         Section 248. Present subsection (2) of section 287.084, 
7710  Florida Statutes, is renumbered as subsection (3), respectively, 
7711  and new subsection (2) is added to that section, to read: 
7712         287.084 Preference to Florida businesses.— 
7713         (2) In a competitive solicitation in which the lowest bid 
7714  is submitted by a vendor whose principal place of business is 
7715  located outside of this state and the foreign state does not 
7716  grant a preference in competitive solicitation to vendors having 
7717  a principal place of business in that state, a 5 percent 
7718  preference shall be given to the lowest responsible and 
7719  responsive vendor having a principal place of business in this 
7720  state if the vendor receiving the preference does not 
7721  subcontract any work under the contract to an out-of-state 
7722  vendor. 
7723         Section 249. Subsection (1), paragraphs (d), (g), and (j) 
7724  of subsection (2), paragraph (e) of subsection (3), paragraph 
7725  (a) of subsection (5), and subsection (12) of section 287.0943, 
7726  Florida Statutes, are amended to read: 
7727         287.0943 Certification of minority business enterprises.— 
7728         (1) A business certified by any local governmental 
7729  jurisdiction or organization shall be accepted by the Department 
7730  of Management Services, office of Supplier Diversity, as a 
7731  certified minority business enterprise for purposes of doing 
7732  business with state government if when the office of Supplier 
7733  Diversity determines that the state’s minority business 
7734  enterprise certification criteria are applied in the local 
7735  certification process. 
7736         (2) 
7737         (d) A final list of the criteria and procedures proposed by 
7738  the task force shall be considered by the Chief Financial 
7739  Officer secretary. The task force may seek technical assistance 
7740  from qualified providers of technical, business, and managerial 
7741  expertise to ensure the reliability of the certification 
7742  criteria developed. 
7743         (g) The certification criteria approved by the task force 
7744  and adopted by the department must of Management Services shall 
7745  be included in a statewide and interlocal agreement as defined 
7746  in s. 287.09431 and, in accordance with s. 163.01, shall be 
7747  executed according to the terms included therein. 
7748         (j) The statewide and interlocal agreement shall be guided 
7749  by the terms and conditions found therein and may be amended at 
7750  any meeting of the task force and subsequently adopted by the 
7751  Chief Financial Officer secretary of the Department of 
7752  Management Services. The amended agreement must be enacted, 
7753  initialed, and legally executed by at least two-thirds of the 
7754  certifying entities party to the existing agreement and adopted 
7755  by the state as originally executed in order to bind the 
7756  certifying entity. 
7757         (3) 
7758         (e) Any participating program receiving three or more 
7759  challenges to its certification decisions pursuant to subsection 
7760  (4) from other organizations that are executors to the statewide 
7761  and interlocal agreement, is shall be subject to a review by the 
7762  office, as provided in paragraphs (a) and (b), of the 
7763  organization’s capacity to perform under such agreement and in 
7764  accordance with the core criteria established by the task force. 
7765  The office shall submit a report to the Chief Financial Officer 
7766  secretary of the Department of Management Services regarding the 
7767  results of the review. 
7768         (5)(a) The Chief Financial Officer secretary of the 
7769  Department of Management Services shall execute the statewide 
7770  and interlocal agreement established under s. 287.09431 on 
7771  behalf of the state. The office shall certify minority business 
7772  enterprises in accordance with the laws of this state and, by 
7773  affidavit, shall recertify such minority business enterprises 
7774  not less than once each year. 
7775         (12) Any executor of the statewide and interlocal agreement 
7776  may revoke the certification or recertification of a firm doing 
7777  business as a certified minority business enterprise if the 
7778  minority business enterprise does not meet the requirements of 
7779  the jurisdiction or certifying entity that certified or 
7780  recertified the firm as a certified minority business 
7781  enterprise, or the requirements of subsection (2), s. 288.703, 
7782  and any rule of the office or the department of Management 
7783  Services or if the business acquired certification or 
7784  recertification by means of falsely representing any entity as a 
7785  minority business enterprise for purposes of qualifying for 
7786  certification or recertification. 
7787         Section 250. Subsections (2) and (3) and paragraph (h) of 
7788  subsection (4) of section 287.09451, Florida Statutes, are 
7789  amended to read: 
7790         287.09451 Office of Supplier Diversity; powers, duties, and 
7791  functions.— 
7792         (2) The Office of Supplier Diversity is established within 
7793  the department of Management Services to assist minority 
7794  business enterprises in becoming suppliers of commodities, 
7795  services, and construction to state government. 
7796         (3) The Chief Financial Officer secretary shall appoint an 
7797  executive director for the office of Supplier Diversity, who 
7798  shall serve at the pleasure of the Chief Financial Officer 
7799  secretary. 
7800         (4) The Office of Supplier Diversity shall have the 
7801  following powers, duties, and functions: 
7802         (h) To develop procedures to investigate complaints against 
7803  minority business enterprises or contractors alleged to violate 
7804  any provision related to this section or s. 287.0943, that may 
7805  include visits to worksites or business premises, and to refer 
7806  all information on businesses suspected of misrepresenting 
7807  minority status to the department of Management Services for 
7808  investigation. When an investigation is completed and there is 
7809  reason to believe that a violation has occurred, the department 
7810  of Labor and Employment Security shall refer the matter to the 
7811  office of the Attorney General, Department of Legal Affairs, for 
7812  prosecution. 
7813         Section 251. Section 287.131, Florida Statutes, is amended 
7814  to read: 
7815         287.131 Assistance of Department of Financial Services.—The 
7816  department of Financial Services shall provide the Department of 
7817  Management Services with technical assistance in all matters 
7818  pertaining to the purchase of insurance for all agencies, and 
7819  shall make surveys of the insurance needs of the state and all 
7820  departments thereof, including the benefits, if any, of self 
7821  insurance. 
7822         Section 252. Paragraphs (d), (e), (f), and (g) of 
7823  subsection (1) of section 287.133, Florida Statutes, are amended 
7824  to read: 
7825         287.133 Public entity crime; denial or revocation of the 
7826  right to transact business with public entities.— 
7827         (1) As used in this section: 
7828         (d) “Department” means the Department of Management 
7829  Services. 
7830         (d)(e) “Person” means any natural person or any entity 
7831  organized under the laws of any state or of the United States 
7832  with the legal power to enter into a binding contract and which 
7833  bids or applies to bid on contracts let by a public entity, or 
7834  which otherwise transacts or applies to transact business with a 
7835  public entity. The term “person” includes those officers, 
7836  directors, executives, partners, shareholders, employees, 
7837  members, and agents who are active in management of an entity. 
7838         (e)(f) “Public entity” means the State of Florida, any of 
7839  its departments or agencies, or any political subdivision. 
7840         (f)(g) “Public entity crime” means a violation of any state 
7841  or federal law by a person with respect to and directly related 
7842  to the transaction of business with any public entity or with an 
7843  agency or political subdivision of any other state or with the 
7844  United States, including, but not limited to, any bid, proposal, 
7845  reply, or contract for goods or services, any lease for real 
7846  property, or any contract for the construction or repair of a 
7847  public building or public work, involving antitrust, fraud, 
7848  theft, bribery, collusion, racketeering, conspiracy, or material 
7849  misrepresentation. 
7850         Section 253. Paragraphs (d), (e), (f), and (g) of 
7851  subsection (1) of section 287.134, Florida Statutes, are amended 
7852  to read: 
7853         287.134 Discrimination; denial or revocation of the right 
7854  to transact business with public entities.— 
7855         (1) As used in this section: 
7856         (d) “Department” means the Department of Management 
7857  Services. 
7858         (d)(e) “Entity” means any natural person or any entity 
7859  organized under the laws of any state or of the United States 
7860  with the legal power to enter into a binding contract and which 
7861  bids or applies to bid on contracts let by a public entity, or 
7862  which otherwise transacts or applies to transact business with a 
7863  public entity. 
7864         (e)(f) “Public entity” means this state and any department 
7865  or agency of this state. 
7866         (f)(g) “Senior management” includes chief executive 
7867  officers; assistant chief executive officers, including, but not 
7868  limited to, assistant presidents, vice presidents, or assistant 
7869  treasurers; chief financial officers; chief personnel officers; 
7870  or any employee of an entity performing similar functions. 
7871         Section 254. Section 287.15, Florida Statutes, is amended 
7872  to read: 
7873         287.15 Purchase or lease of motor vehicles, watercraft, or 
7874  aircraft; prior approval of the Department of Management 
7875  Services.—No state agency shall purchase, lease, or acquire any 
7876  motor vehicle, watercraft, or aircraft of any type unless prior 
7877  approval is first obtained from the Department of Financial 
7878  Management Services. However, this section does not nothing 
7879  herein shall prohibit the lease for casual use of motor 
7880  vehicles, or remove the requirement that all purchases be in 
7881  compliance with the rules and regulations of the Department of 
7882  Financial Management Services. 
7883         Section 255. Subsection (2) of section 287.151, Florida 
7884  Statutes, is amended to read: 
7885         287.151 Limitation on classes of motor vehicles procured.— 
7886         (2) No Funds in the General Appropriations Act may not 
7887  shall be used to purchase any vehicle at prices in excess of the 
7888  standard prices negotiated by the Department of Financial 
7889  Management Services. 
7890         Section 256. Subsections (1) and (3) of section 287.155, 
7891  Florida Statutes, are amended to read: 
7892         287.155 Motor vehicles; purchase by Department of Children 
7893  and Family Services, Agency for Persons with Disabilities, 
7894  Department of Health, Department of Juvenile Justice, and 
7895  Department of Corrections.— 
7896         (1) The Department of Children and Family Services, the 
7897  Agency for Persons with Disabilities, the Department of Health, 
7898  the Department of Juvenile Justice, and the Department of 
7899  Corrections may, subject to the approval of the Department of 
7900  Financial Management Services, purchase automobiles, trucks, 
7901  tractors, and other automotive equipment for the use of 
7902  institutions or developmental disabilities centers under the 
7903  management of the Department of Children and Family Services, 
7904  the Agency for Persons with Disabilities, the Department of 
7905  Health, and the Department of Corrections, and for the use of 
7906  residential facilities managed or contracted by the Department 
7907  of Juvenile Justice. 
7908         (3) The Department of Health may is authorized, subject to 
7909  the approval of the Department of Financial Management Services, 
7910  to purchase automobiles, trucks, and other automotive equipment 
7911  for use by county health departments. 
7912         Section 257. Section 287.16, Florida Statutes, is amended 
7913  to read: 
7914         287.16 Powers and duties of department.—The Department of 
7915  Financial Management Services shall have the following powers, 
7916  duties, and responsibilities: 
7917         (1) To obtain the most effective and efficient use of motor 
7918  vehicles, watercraft, and aircraft for state purposes. 
7919         (2) To establish and operate central facilities for the 
7920  acquisition, disposal, operation, maintenance, repair, storage, 
7921  supervision, control, and regulation of all state-owned or 
7922  state-leased aircraft, watercraft, and motor vehicles and to 
7923  operate any state facilities for those purposes. Acquisition may 
7924  be by purchase, lease, loan, or in any other legal manner. The 
7925  department may contract for the maintenance of motor vehicles. 
7926         (3) In its discretion, to require every state agency to 
7927  transfer its ownership, custody, and control of every aircraft 
7928  and motor vehicle, and associated maintenance facilities and 
7929  equipment, except those used principally for law enforcement, 
7930  state fire marshal, or fire control purposes, to the department 
7931  of Management Services, including all right, title, interest, 
7932  and equity therein. 
7933         (4) Upon requisition and showing of need, to assign 
7934  suitable aircraft or motor vehicles, on a temporary basis of 
7935  (for a period up to and including 1 month,) or a permanent basis 
7936  (for a period from 1 month up to and including 1 full year) 
7937  basis, to any state agency. 
7938         (5) To allocate and charge fees to the state agencies to 
7939  which aircraft or motor vehicles are furnished, based upon any 
7940  reasonable criteria. 
7941         (6) To adopt and enforce rules and regulations for the 
7942  efficient and safe use, operation, maintenance, repair, 
7943  disposal, and replacement of all state-owned or state-leased 
7944  aircraft, watercraft, and motor vehicles and to require the 
7945  placement of appropriate stickers, decals, or other markings 
7946  upon them. The department may delegate to the respective heads 
7947  of the agencies to which aircraft, watercraft, and motor 
7948  vehicles are assigned the duty of enforcing the rules and 
7949  regulations adopted by the department. 
7950         (7) To contract for specialized maintenance services. 
7951         (8) To require any state agency to keep records and make 
7952  reports regarding aircraft and motor vehicles to the department 
7953  as may be required. The Department of Highway Safety and Motor 
7954  Vehicles shall use a reporting system approved by the 
7955  department. 
7956         (9) To establish and operate central facilities to 
7957  determine the mode of transportation to be used by state 
7958  employees traveling on official state business and to schedule 
7959  and coordinate use of state-owned or state-leased aircraft and 
7960  passenger-carrying vehicles to assure maximum utilization of 
7961  state aircraft, motor vehicles, and employee time by assuring 
7962  that employees travel by the most practical and economical mode 
7963  of travel. The department shall consider the number of employees 
7964  making the trip to the same location, the most efficient and 
7965  economical means of travel considering the time of the employee, 
7966  transportation cost and subsistence required, the urgency of the 
7967  trip, and the nature and purpose of the trip. 
7968         (10) To provide the Legislature annual reports at the end 
7969  of each calendar year concerning the use utilization of all 
7970  aircraft in the executive pool. 
7971         (11) To calculate biennially the break-even mileage at 
7972  which it becomes cost-effective for the state to provide 
7973  assigned motor vehicles to employees. The Support Program shall 
7974  provide the information to agency heads and agency inspectors 
7975  general to assist them in meeting the reporting requirements of 
7976  s. 20.055. 
7977         (12) To conduct, in coordination with the Department of 
7978  Transportation, an analysis of fuel additive and biofuel use by 
7979  the Department of Transportation through its central fueling 
7980  facilities. The department shall encourage other state 
7981  government entities to analyze transportation fuel usage, 
7982  including the different types and percentages of fuels consumed, 
7983  and report such information to the department. 
7984         Section 258. Section 287.161, Florida Statutes, is amended 
7985  to read: 
7986         287.161 Executive aircraft pool; assignment of aircraft; 
7987  charge for transportation.— 
7988         (1) There is created within the Department of Management 
7989  Services An executive aircraft pool consisting of state-owned 
7990  aircraft for the purpose of furnishing executive air travel is 
7991  created within the Executive Office of the Governor. Such 
7992  aircraft may shall not be a model in excess of a two-engine jet. 
7993  Aircraft included in the executive aircraft pool may not be 
7994  specifically assigned to any department or agency on any basis. 
7995         (2) The Executive Office of the Governor Department of 
7996  Management Services shall charge all persons receiving 
7997  transportation from the executive aircraft pool a rate not less 
7998  than the mileage allowance fixed by the Legislature for the use 
7999  of privately owned vehicles. Fees collected for persons 
8000  traveling by aircraft in the executive aircraft pool shall be 
8001  deposited into the Bureau of Aircraft Trust Fund and shall be 
8002  expended for costs incurred to operate the aircraft management 
8003  activities of the department. It is the intent of the 
8004  Legislature that the executive aircraft pool be operated on a 
8005  full cost recovery basis, less available funds. 
8006         Section 259. Paragraph (a) of subsection (3) of section 
8007  287.17, Florida Statutes, is amended to read: 
8008         287.17 Limitation on use of motor vehicles and aircraft.— 
8009         (3)(a) The term “official state business” does may not be 
8010  construed to permit the use of a motor vehicle or aircraft for 
8011  commuting purposes, unless special assignment of a motor vehicle 
8012  is authorized as a perquisite by the Department of Personnel 
8013  Management Services, required by an employee after normal duty 
8014  hours to perform duties of the position to which assigned, or 
8015  authorized for an employee whose home is the official base of 
8016  operation. 
8017         Section 260. Section 287.18, Florida Statutes, is amended 
8018  to read: 
8019         287.18 Repair and service of motor vehicles and aircraft. 
8020  The Chief Financial Officer Secretary of Management Services or 
8021  a his or her designee may require a department or any state 
8022  agency having facilities for the repair of aircraft or motor 
8023  vehicles and for the storage and distribution of gasoline and 
8024  other petroleum products to repair aircraft and motor vehicles 
8025  and to furnish gasoline and other petroleum products to any 
8026  other state department or agency and shall compensate for the 
8027  cost of such services and products. 
8028         Section 261. Section 287.19, Florida Statutes, is amended 
8029  to read: 
8030         287.19 Transfer of funds.—All moneys designated for or 
8031  appropriated to any agency for the use, operation, maintenance, 
8032  repair, or replacement of any state-owned or leased motor 
8033  vehicles or aircraft shall be transferred to the Department of 
8034  Financial Management Services as required by the department. 
8035         Section 262. Subsection (1) of section 288.021, Florida 
8036  Statutes, is amended to read: 
8037         288.021 Economic development liaison.— 
8038         (1) The heads of the Department of Transportation, the 
8039  Department of Environmental Protection and an additional member 
8040  appointed by the secretary of the department, the Department of 
8041  Labor and Employment Security, the Department of Education, the 
8042  Department of Community Affairs, the Department of Management 
8043  Services, the Department of Revenue, the Fish and Wildlife 
8044  Conservation Commission, each water management district, and 
8045  each Department of Transportation District office shall 
8046  designate a high-level staff member from within such agency to 
8047  serve as the economic development liaison for the agency. This 
8048  person shall report to the agency head and have general 
8049  knowledge both of the state’s permitting and other regulatory 
8050  functions and of the state’s economic goals, policies, and 
8051  programs. This person shall also be the primary point of contact 
8052  for the agency with the Office of Tourism, Trade, and Economic 
8053  Development on issues and projects important to the economic 
8054  development of this state Florida, including its rural areas, to 
8055  expedite project review, to ensure a prompt, effective response 
8056  to problems arising with regard to permitting and regulatory 
8057  functions, and to work closely with the other economic 
8058  development liaisons to resolve interagency conflicts. 
8059         Section 263. Subsections (1) and (2), paragraphs (c) 
8060  through (j) of subsection (4), and subsection (6) of section 
8061  288.109, Florida Statutes, are amended to read: 
8062         288.109 One-Stop Permitting System.— 
8063         (1) The Department of Community Affairs shall By January 1, 
8064  2001, the State Technology Office must establish and administer 
8065  implement an Internet site for the One-Stop Permitting System. 
8066  The One-Stop Permitting System Internet site shall provide 
8067  individuals and businesses with information concerning 
8068  development permits; guidance on what development permits are 
8069  needed for particular projects; permit requirements; and who may 
8070  be contacted for more information concerning a particular 
8071  development permit for a specific location. The department 
8072  office shall design and construct the Internet site and may 
8073  competitively procure and contract for services to develop the 
8074  site. In designing and constructing the Internet site, the 
8075  department shall office must solicit input from potential users 
8076  of the site. 
8077         (2) The Department of Community Affairs office shall 
8078  develop the One-Stop Permitting System Internet site to allow an 
8079  applicant to complete and submit application forms for 
8080  development permits to agencies and counties. The Internet site 
8081  must be capable of allowing an applicant to submit payment for 
8082  permit fees and must provide payment options. After initially 
8083  establishing the Internet site, the department office shall 
8084  implement, in the most timely manner possible, the capabilities 
8085  described in this subsection. The department office shall also 
8086  develop a protocol for adding to the One-Stop Permitting System 
8087  additional state agencies and counties that agree to participate 
8088  to the One-Stop Permitting System. The department office may 
8089  competitively procure and contract for services to develop such 
8090  capabilities. 
8091         (4) The One-Stop Permitting System must initially provide 
8092  access to the following state agencies, water management 
8093  districts and counties, with other agencies and counties that 
8094  agree to participate: 
8095         (c) The Department of Management Services. 
8096         (c)(d) The Department of Transportation, including district 
8097  offices. 
8098         (d)(e) The Northwest Florida Water Management District. 
8099         (e)(f) The St. Johns River Water Management District. 
8100         (f)(g) The Southwest Florida Water Management District. 
8101         (g)(h) The Suwannee River Water Management District. 
8102         (h)(i) The South Florida Water Management District. 
8103         (i)(j) Selected counties that agree to participate. 
8104         (6) The Department of Community Affairs office may add 
8105  counties and municipalities to the One-Stop Permitting System as 
8106  such local governments agree to participate and develop the 
8107  technical capability of joining the system. 
8108         Section 264. Section 288.1092, Florida Statutes, is amended 
8109  to read: 
8110         288.1092 One-Stop Permitting System Grant Program.—There is 
8111  created within the State Technology Office The One-Stop 
8112  Permitting System Grant Program is created within the Department 
8113  of Community Affairs. The purpose of the grant program is to 
8114  encourage counties to coordinate and integrate the development 
8115  of the county’s permitting process with the One-Stop Permitting 
8116  System. The department office shall review grant applications 
8117  and, subject to available funds, if a county is certified as a 
8118  Quick Permitting County under s. 288.1093, shall award a grant 
8119  of up to $50,000 to provide for such integration. The department 
8120  office must review a grant application for consistency with the 
8121  purpose of the One-Stop Permitting System to provide access to 
8122  development permit information and application forms. Grants 
8123  shall be issued on a first-come, first-served basis to qualified 
8124  Quick Permitting Counties. The grant moneys may be used to 
8125  purchase software, hardware, or consulting services necessary 
8126  for the county to create an interface with the One-Stop 
8127  Permitting System. Grant moneys may not be used to pay 
8128  administrative costs. The grant application must specify what 
8129  items or services the county intends to purchase using the grant 
8130  moneys, the amount of each of the items or services to be 
8131  purchased, and how the items or services are necessary for the 
8132  county to create an interface with the One-Stop Permitting 
8133  System. 
8134         Section 265. Subsections (1) and (3) of section 288.1093, 
8135  Florida Statutes, are amended to read: 
8136         288.1093 Quick Permitting County Designation Program.— 
8137         (1) There is established within the State Technology Office 
8138  The Quick Permitting County Designation Program is established 
8139  within the Department of Community Affairs. To be designated as 
8140  a Quick Permitting County, the chair of the board of county 
8141  commissioners of the applying county must certify to the 
8142  department office that the county meets the criteria specified 
8143  in subsection (3). 
8144         (3) In order to qualify for a Quick Permitting County 
8145  designation, a county must certify to the Department of 
8146  Community Affairs office that the county has implemented the 
8147  following best management practices: 
8148         (a) The establishment of a single point of contact for a 
8149  business seeking assistance in obtaining a permit; 
8150         (b) The selection of high-priority projects for accelerated 
8151  permit review; 
8152         (c) The use of documented preapplication meetings following 
8153  standard procedures; 
8154         (d) The maintenance of an inventory of sites suitable for 
8155  high-priority projects; 
8156         (e) The development of a list of consultants who conduct 
8157  business in the county; 
8158         (f) The evaluation and elimination of duplicative approval 
8159  and permitting requirements within the county; 
8160         (g) The commitment to participate, through the entry of an 
8161  interlocal agreement for individual projects, in the expedited 
8162  permit process set forth in s. 403.973; 
8163         (h) The development of a timetable for processing 
8164  development permits and approvals; and 
8165         (i) The use of interagency coordination to facilitate 
8166  permit processing. 
8167         Section 266. Paragraph (a) of subsection (3) of section 
8168  288.1185, Florida Statutes, is amended to read: 
8169         288.1185 Recycling Markets Advisory Committee.— 
8170         (3)(a) The heads of the Department of Transportation, the 
8171  Department of Environmental Protection, the Department of 
8172  Management Services, the Department of Agriculture and Consumer 
8173  Services, the Florida Energy Office, the Chief Financial 
8174  Officer, and the Governor shall each designate a staff member 
8175  from within the agency to serve as the recycling market 
8176  development liaison for the agency. This person must shall have 
8177  knowledge of recycling and the issues and problems related to 
8178  recycling and recycled materials market development. This person 
8179  shall be the primary point of contact for the agency on issues 
8180  related to recycled materials market development. These liaisons 
8181  shall be available for committee meetings and shall work closely 
8182  with the committee and other recycling market development 
8183  liaisons to further the goals of the committee, as appropriate. 
8184         Section 267. Paragraph (d) of subsection (5) and subsection 
8185  (8) of section 288.15, Florida Statutes, are amended to read: 
8186         288.15 Powers of Division of Bond Finance.—There is hereby 
8187  granted to and vested in the Division of Bond Finance of the 
8188  State Board of Administration the power, right, franchise, and 
8189  authority: 
8190         (5) In order to carry out the objectives and purposes of 
8191  this chapter, the division is authorized to acquire, own, 
8192  construct, operate, maintain, improve, and extend public 
8193  buildings, facilities, or works within the state which are of 
8194  the character hereinafter specifically mentioned. All public 
8195  buildings, facilities, and works which the division is 
8196  authorized to own, construct, operate, and maintain must be such 
8197  as can ultimately be owned and operated by an agency, 
8198  department, board, bureau, or commission of the state. All or 
8199  any such buildings, facilities, or works may be of a revenue 
8200  producing character in order that the cost of the same or some 
8201  part of improvements or extensions thereto may be paid from 
8202  receipts therefrom, including in Tallahassee only rentals, 
8203  leases, and sales to both public and nonpublic agencies through 
8204  the issue and sales or disposition of revenue bonds, notes, or 
8205  certificates of the division. The buildings, facilities, and 
8206  works which the division is hereby authorized to acquire, 
8207  construct, operate, maintain, improve, and extend are: 
8208         (d) Public buildings, facilities, and additions or 
8209  improvements to existing buildings and facilities for ultimate 
8210  use in connection with any of the several state institutions, 
8211  departments, bureaus, boards, or commissions. For this use; and, 
8212  In furtherance of this paragraph, the Department of 
8213  Environmental Protection Management Services, the Board of 
8214  Governors of the State University System, and the State Board of 
8215  Education shall are authorized to cooperate with the Division of 
8216  Bond Finance and to do and perform all acts and things necessary 
8217  thereto. Any property acquired by the division of Bond Finance 
8218  under the provisions of this chapter may ultimately be conveyed 
8219  to the state free and clear of all debt or other encumbrance. 
8220         (8) The division shall is hereby authorized and directed to 
8221  proceed with the acquisition of land and buildings thereon now 
8222  needed or to be needed for use in whole or in part by any 
8223  agency, board, bureau, or commission of the state, such 
8224  acquisition to be within the area defined by the Department of 
8225  Environmental Protection Management Services for the long-range 
8226  development of the proposed Capitol Center. The division shall 
8227  also:; and 
8228         (a) To Construct, acquire, own, and operate buildings and 
8229  facilities thereon, such buildings and facilities to be financed 
8230  by the revenue they yield, through the issuance of revenue 
8231  certificates; and 
8232         (b) To Have specific authority in financing the 
8233  acquisition, construction, and operation of such buildings and 
8234  facilities, to utilize rentals to both public and nonpublic 
8235  agencies as well as any regularly appropriated state or other 
8236  public funds; however, no revenue from lands, buildings, or 
8237  facilities now owned by the state may not be pledged to finance 
8238  the acquisition of land, buildings, or facilities pursuant to 
8239  this section the provisions of this law, except for revenue from 
8240  land, buildings, or facilities purchased or acquired pursuant to 
8241  this section the provisions of this law. 
8242         Section 268. Section 288.17, Florida Statutes, is amended 
8243  to read: 
8244         288.17 Revenue certificates.—The Division of Bond Finance 
8245  of the State Board of Administration may is authorized to issue 
8246  interest-bearing revenue certificates for construction of all 
8247  state buildings approved by the Legislature in its appropriation 
8248  acts and requested by the Department of Environmental Protection 
8249  Management Services or by the Board of Governors of the State 
8250  University System. 
8251         Section 269. Subsections (1) and (3) of section 288.18, 
8252  Florida Statutes, are amended to read: 
8253         288.18 Planning, promoting, and supervising state building 
8254  projects.— 
8255         (1) The Department of Environmental Protection is 
8256  Management Services shall be responsible for promoting any state 
8257  building project financed as provided by law in any community 
8258  where a state building is needed. 
8259         (3) Any state agency required to occupy space by the 
8260  Department of Environmental Protection Management Services may 
8261  contract for such space and pledge such rentals as are provided 
8262  and appropriated by the Legislature for the purpose of financing 
8263  the retirement of revenue certificates for the lifetime of any 
8264  issue. 
8265         Section 270. Paragraph (d) of subsection (3) and 
8266  subsections (5) and (8) of section 288.703, Florida Statutes, 
8267  are amended to read: 
8268         288.703 Definitions.—As used in this act, the following 
8269  words and terms shall have the following meanings unless the 
8270  content shall indicate another meaning or intent: 
8271         (3) “Minority person” means a lawful, permanent resident of 
8272  Florida who is: 
8273         (d) A Native American, a person who has origins in any of 
8274  the Indian Tribes of North America prior to 1835, upon 
8275  presentation of proper documentation thereof as established by 
8276  rule of the Department of Financial Management Services. 
8277         (5) “Department” means the Department of Financial 
8278  Management Services. 
8279         (8) “Secretary” means the secretary of the Department of 
8280  Management Services. 
8281         Section 271. Subsections (2), (10), (11), and (12) of 
8282  section 288.706, Florida Statutes, are amended to read: 
8283         288.706 Florida Minority Business Loan Mobilization 
8284  Program.— 
8285         (2) The Florida Minority Business Loan Mobilization Program 
8286  is created to promote the development of minority business 
8287  enterprises, as defined in s. 288.703(2), increase the ability 
8288  of minority business enterprises to compete for state contracts, 
8289  and sustain the economic growth of minority business enterprises 
8290  in this state. The goal of the program is to assist minority 
8291  business enterprises by facilitating working capital loans to 
8292  minority business enterprises that are vendors on state agency 
8293  contracts. The department of Management Services shall 
8294  administer the program. 
8295         (10) The department of Management Services may adopt rules 
8296  to administer implement the provisions of this section. 
8297         (11) The department of Management Services shall maintain a 
8298  listing of financial institutions willing to participate in the 
8299  Florida Minority Business Loan Mobilization Program. This list 
8300  may of financial institutions shall not be exclusive. A minority 
8301  business enterprise vendor who has a working relationship with a 
8302  financial institution is encouraged to request that the 
8303  financial institution apply to participate as a financial 
8304  institution for the program. 
8305         (12) The department of Management Services shall 
8306  collaborate with the Florida Black Business Investment Board, 
8307  Inc., and the Office of Tourism, Trade, and Economic Development 
8308  to assist in the development and enhancement of black business 
8309  enterprises. 
8310         Section 272. Subsection (2) of section 288.708, Florida 
8311  Statutes, is amended to read: 
8312         288.708 President; employees.— 
8313         (2) An employee of the board may not receive compensation 
8314  for employment that exceeds the salary paid to the Governor, 
8315  unless the board and the employee have executed a contract that 
8316  prescribes specific and measurable performance outcomes for the 
8317  employee, the satisfaction of which provides the basis for the 
8318  award of incentive payments that increase the employee’s total 
8319  compensation to a level above the salary paid to the Governor. 
8320  The Executive Office of the Governor Department of Management 
8321  Services shall establish a lease-agreement program under which 
8322  an employee of the board, as of June 30, 2002, retains his or 
8323  her status as a state employee until the employee voluntarily or 
8324  involuntarily terminates his or her status with the board. 
8325  Status as a state employee includes shall include the right to 
8326  participate in the Florida Retirement System. 
8327         Section 273. Subsection (6) of section 288.7091, Florida 
8328  Statutes, is amended to read: 
8329         288.7091 Duties of the Florida Black Business Investment 
8330  Board, Inc.—The board shall: 
8331         (6) Collaborate with the Department of Transportation, the 
8332  Department of Financial Management Services, including the 
8333  Florida Minority Business Loan Mobilization Program, Workforce 
8334  Florida, Inc., and other state agencies and partners, the State 
8335  University System, including the Florida Agricultural and 
8336  Mechanical University’s Institute of Urban Policy and Commerce, 
8337  school boards, and local governments to create an a network of 
8338  information network and to identify available resources to 
8339  enhance the development and expansion of black business 
8340  enterprises. 
8341         Section 274. Paragraph (b) of subsection (5) of section 
8342  288.712, Florida Statutes, is amended to read: 
8343         288.712 Guarantor funds.— 
8344         (5) The board shall do all of the following to implement 
8345  the black contractors bonding program: 
8346         (b) Provide assistance to the Office of Supplier Diversity 
8347  within the Department of Financial Management Services, as 
8348  needed, to certify new black business enterprises and to train 
8349  appropriate department staff. 
8350         Section 275. Subsection (2) of section 288.901, Florida 
8351  Statutes, is amended to read: 
8352         288.901 Enterprise Florida, Inc.; creation; membership; 
8353  organization; meetings; disclosure.— 
8354         (2) Enterprise Florida, Inc., shall establish one or more 
8355  corporate offices, at least one of which shall be located in 
8356  Leon County. The Executive Office of the Governor Department of 
8357  Management Services may establish a lease agreement program 
8358  under which Enterprise Florida, Inc., may hire any individual 
8359  who, as of June 30, 1996, is employed by the Department of 
8360  Commerce or who, as of January 1, 1997, is employed by the 
8361  Executive Office of the Governor and has responsibilities 
8362  specifically in support of the Workforce Development Board 
8363  established under s. 445.004 288.9620. Under such agreement, the 
8364  employee shall retain his or her status as a state employee but 
8365  shall work under the direct supervision of Enterprise Florida, 
8366  Inc. Retention of state employee status includes shall include 
8367  the right to participate in the Florida Retirement System. The 
8368  office Department of Management Services shall establish the 
8369  terms and conditions of such lease agreements. 
8370         Section 276. Paragraph (a) of subsection (3), paragraphs 
8371  (d) and (e) of subsection (5), paragraph (a) of subsection (6), 
8372  and subsections (7) and (9) of section 295.187, Florida 
8373  Statutes, are amended to read: 
8374         295.187 Florida Service-Disabled Veteran Business 
8375  Enterprise Opportunity Act.— 
8376         (3) DEFINITIONS.—For the purpose of this section, the term: 
8377         (a) “Certified service-disabled veteran business 
8378  enterprise” means a business that has been certified by the 
8379  Department of Financial Management Services to be a service 
8380  disabled veteran business enterprise as defined in paragraph 
8381  (c). 
8382         (5) CERTIFICATION PROCEDURE.— 
8383         (d) A certified service-disabled veteran business 
8384  enterprise must notify the Department of Financial Management 
8385  Services within 30 business days after any event that may 
8386  significantly affect the certification of the business, 
8387  including, but not limited to, a change in ownership or change 
8388  in management and daily business operations. 
8389         (e) The certification of a service-disabled veteran 
8390  business enterprise shall be revoked for 12 months if the 
8391  Department of Financial Management Services determines that the 
8392  business enterprise violated paragraph (d). An owner of a 
8393  certified service-disabled veteran business enterprise whose 
8394  certification is revoked may is not permitted to reapply for 
8395  certification under this section as an owner of any business 
8396  enterprise during the 12-month revocation period. 
8397         1. During the 12-month revocation period, a service 
8398  disabled veteran business enterprise whose certification has 
8399  been revoked may bid on state contracts but is not eligible for 
8400  any preference available under this section. 
8401         2. A service-disabled veteran business enterprise whose 
8402  certification has been revoked may apply for certification at 
8403  the conclusion of the 12-month revocation period by complying 
8404  with requirements applicable to initial certifications. 
8405         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The 
8406  department shall: 
8407         (a) Assist the Department of Financial Management Services 
8408  in establishing a certification procedure, which shall be 
8409  reviewed biennially and updated as necessary. 
8410         (7) DUTIES OF THE DEPARTMENT OF FINANCIAL MANAGEMENT 
8411  SERVICES.—The department shall: 
8412         (a) With assistance from the Department of Veterans’ 
8413  Affairs, establish a certification procedure, which shall be 
8414  reviewed biennially and updated as necessary. 
8415         (b) Grant, deny, or revoke the certification of a service 
8416  disabled veteran business enterprise under this section. 
8417         (c) Maintain an electronic directory of certified service 
8418  disabled veteran business enterprises for use by the state, 
8419  political subdivisions of the state, and the public. 
8420         (9) RULES.—The Department of Veterans’ Affairs and the 
8421  Department of Financial Management Services, as appropriate, may 
8422  adopt rules as necessary to administer this section. 
8423         Section 277. Subsection (17) of section 318.18, Florida 
8424  Statutes, is amended to read: 
8425         318.18 Amount of penalties.—The penalties required for a 
8426  noncriminal disposition pursuant to s. 318.14 or a criminal 
8427  offense listed in s. 318.17 are as follows: 
8428         (17) In addition to any penalties imposed, a surcharge of 
8429  $3 must be paid for all criminal offenses listed in s. 318.17 
8430  and for all noncriminal moving traffic violations under chapter 
8431  316. Revenue from the surcharge shall be remitted to the 
8432  Department of Revenue and deposited quarterly into the State 
8433  Agency Law Enforcement Radio System Trust Fund of the Department 
8434  of Law Enforcement Management Services for the state agency law 
8435  enforcement radio system, as described in s. 282.709, and to 
8436  provide technical assistance to state agencies and local law 
8437  enforcement agencies with their statewide systems of regional 
8438  law enforcement communications, as described in s. 282.710. This 
8439  subsection expires July 1, 2012. The Department of Law 
8440  Enforcement Management Services may retain funds sufficient to 
8441  recover the costs and expenses incurred for managing, 
8442  administering, and overseeing the Statewide Law Enforcement 
8443  Radio System, and providing technical assistance to state 
8444  agencies and local law enforcement agencies with their statewide 
8445  systems of regional law enforcement communications. The 
8446  Department of Law Enforcement Management Services working in 
8447  conjunction with the Joint Task Force on State Agency Law 
8448  Enforcement Communications shall determine and direct the 
8449  purposes for which these funds are used to enhance and improve 
8450  the radio system. 
8451         Section 278. Subsection (9) of section 318.21, Florida 
8452  Statutes, is amended to read: 
8453         318.21 Disposition of civil penalties by county courts.—All 
8454  civil penalties received by a county court pursuant to the 
8455  provisions of this chapter shall be distributed and paid monthly 
8456  as follows: 
8457         (9) Twelve dollars and fifty cents from each moving traffic 
8458  violation must be used by the county to fund that county’s 
8459  participation in an intergovernmental radio communication 
8460  program approved by the Department of Law Enforcement Management 
8461  Services. If the county is not participating in such a program, 
8462  funds collected must be used to fund local law enforcement 
8463  automation and must be distributed to the municipality or 
8464  special improvement district in which the violation occurred or 
8465  to the county if the violation occurred within the 
8466  unincorporated area of the county. 
8467         Section 279. Section 320.0802, Florida Statutes, is amended 
8468  to read: 
8469         320.0802 Surcharge on license tax.—A $1 surcharge There is 
8470  hereby levied and imposed on each license tax imposed under s. 
8471  320.08, except those set forth in s. 320.08(11), a surcharge in 
8472  the amount of $1, which shall be collected in the same manner as 
8473  the license tax and deposited into the State Agency Law 
8474  Enforcement Radio System Trust Fund of the Department of Law 
8475  Enforcement Management Services. 
8476         Section 280. Subsection (7) of section 320.08056, Florida 
8477  Statutes, is amended to read: 
8478         320.08056 Specialty license plates.— 
8479         (7) The department shall annually retain from the first 
8480  proceeds derived from the annual use fees collected an amount 
8481  sufficient to defray each specialty plate’s pro rata share of 
8482  the department’s costs directly related to the specialty license 
8483  plate program. Such costs must shall include inventory costs, 
8484  distribution costs, direct costs to the department, costs 
8485  associated with reviewing each organization’s compliance with 
8486  audit and attestation requirements of s. 320.08062, and any 
8487  applicable increased costs of manufacturing the specialty 
8488  license plate. Any cost increase to the department related to 
8489  actual cost of the plate, including a reasonable vendor profit, 
8490  shall be verified by the Department of Financial Management 
8491  Services. The balance of the proceeds from the annual use fees 
8492  collected for that specialty license plate shall be distributed 
8493  as provided by law. 
8494         Section 281. Subsection (1) of section 321.04, Florida 
8495  Statutes, is amended to read: 
8496         321.04 Personnel of the highway patrol; rank 
8497  classifications; probationary status of new patrol officers; 
8498  subsistence; special assignments.— 
8499         (1) The Department of Highway Safety and Motor Vehicles 
8500  shall employ patrol officers, as authorized by the Legislature 
8501  in appropriating funds for their salaries exclusive of those 
8502  members of the patrol who are assigned to and paid by special 
8503  departments; and shall establish the necessary supervisory ranks 
8504  within the Florida Highway Patrol to efficiently supervise and 
8505  carry out the designated functions of the patrol and the 
8506  department in accordance with rules the regulations established 
8507  by the Department of Personnel Management Services. 
8508         Section 282. Subsection (9) of section 328.72, Florida 
8509  Statutes, is amended to read: 
8510         328.72 Classification; registration; fees and charges; 
8511  surcharge; disposition of fees; fines; marine turtle stickers.— 
8512         (9) SURCHARGE.—In addition, there is hereby levied and 
8513  imposed on each vessel registration fee imposed under subsection 
8514  (1) a surcharge in the amount of $1 for each 12-month period of 
8515  registration, which shall be collected in the same manner as the 
8516  fee and deposited into the State Agency Law Enforcement Radio 
8517  System Trust Fund of the Department of Law Enforcement 
8518  Management Services. 
8519         Section 283. Subsections (1) and (2) of section 337.02, 
8520  Florida Statutes, are amended to read: 
8521         337.02 Purchases by department subject to competitive bids; 
8522  advertisement; emergency purchases; bid specifications.— 
8523         (1) Except as provided herein, purchase by the Department 
8524  of Transportation of commodities, including the advertising and 
8525  awarding of competitive bids, are shall be governed by chapters 
8526  283 and 287 and rules adopted by the Department of Financial 
8527  Management Services pursuant thereto. However, the provisions of 
8528  s. 287.057 notwithstanding, the department may purchase parts 
8529  and repairs valued at up to the threshold amount provided in s. 
8530  287.017 for CATEGORY TWO for the repair of mobile road 
8531  maintenance equipment, marine vessels, permanent vehicle scales, 
8532  and mechanical and electrical equipment for movable bridges, 
8533  toll facilities including the Florida Turnpike, and up to the 
8534  threshold amount provided in s. 287.017 for CATEGORY THREE for 
8535  treatment plants and lift stations for water and sewage, and 
8536  major heating and cooling systems without receiving competitive 
8537  bids. 
8538         (2) If the department determines that an emergency exists 
8539  in regard to the purchase of materials, machinery, tools, 
8540  equipment, or supplies, so that the delay incident to giving 
8541  opportunity for competitive bidding is would be detrimental to 
8542  the interests of the state, the provisions for competitive 
8543  bidding do not apply; and the department may authorize or 
8544  purchase such materials, machinery, tools, equipment, or 
8545  supplies without giving opportunity for competitive bidding 
8546  thereon. The department shall, within 10 days after such 
8547  determination and purchase, file with the Chief Financial 
8548  Officer head of the Department of Management Services a written 
8549  statement of the materials, machinery, tools, equipment, or 
8550  supplies purchased and a certificate as to the conditions and 
8551  circumstances constituting such emergency. 
8552         Section 284. Section 337.023, Florida Statutes, is amended 
8553  to read: 
8554         337.023 Sale of building; acceptance of replacement 
8555  building.—Notwithstanding the provisions of s. 216.292(2)(b)2., 
8556  if the department sells a building, the department may accept 
8557  the construction of a replacement building, in response to a 
8558  request for proposals, totally or partially in lieu of cash, and 
8559  may do so without a specific legislative appropriation. Such 
8560  action is subject to the approval of the Executive Office of the 
8561  Governor, and is subject to the notice, review, and objection 
8562  procedures under s. 216.177. The replacement building shall be 
8563  consistent with the current and projected needs of the 
8564  department as agreed upon by the department and the Department 
8565  of Environmental Protection Management Services. 
8566         Section 285. Paragraph (d) of subsection (2) of section 
8567  337.165, Florida Statutes, is amended to read: 
8568         337.165 Contract crime; denial or revocation of a 
8569  certificate of qualification.— 
8570         (2) 
8571         (d) A contractor or affiliate whose certificate has been 
8572  denied or revoked may, at any time after denial or revocation, 
8573  petition for and be granted a hearing to determine his or her 
8574  eligibility for reapplication or reinstatement upon such terms 
8575  and conditions as may be prescribed upon finding that 
8576  reapplication or reinstatement is in the public interest. The 
8577  petition shall be filed with the department. Any hearing 
8578  conducted by the department must shall be conducted within 30 
8579  days after receipt of the petition, unless otherwise stipulated 
8580  by the parties. If the contractor or affiliate requests in the 
8581  his or her petition that the hearing be conducted by the 
8582  Division of Administrative Hearings of the Department of 
8583  Management Services, the department shall, within 5 days after 
8584  receipt of the petition, notify the division of the request. The 
8585  director of the Division of Administrative Hearings shall, 
8586  within 5 days after receipt of the notice by the department, 
8587  assign an administrative law judge, who shall conduct the 
8588  hearing within 30 days thereafter, unless otherwise stipulated 
8589  by the parties. The department shall be a party in interest in 
8590  any hearing conducted by the division of Administrative 
8591  Hearings. In determining whether reapplication or reinstatement 
8592  would be in the public interest, the department or division 
8593  administrative law judge shall give consideration to any 
8594  relevant mitigating circumstances, which may include, but are 
8595  not limited to, the following: 
8596         1. The degree of culpability; 
8597         2. Prompt and voluntary payment of damages to the state as 
8598  a result of the contractor’s violation of state or federal 
8599  antitrust laws; 
8600         3. Cooperation with any state or federal prosecution or 
8601  investigation of a contract crime; 
8602         4. Disassociation with those involved in a contract crime; 
8603         5. Reinstatement in other state or federal jurisdictions; 
8604  and 
8605         6. The needs of the department in completing its programs 
8606  in a timely, cost-effective manner. 
8607 
8608  The department or division administrative law judge shall also 
8609  consider the failure of the contractor or affiliate to comply 
8610  with the notification provisions of subsection (5). Any hearing 
8611  requested under this paragraph must shall be conducted and 
8612  concluded without undue delay. The administrative law judge 
8613  shall, within 30 days after the hearing, complete and submit a 
8614  final order to the department, which order may not be altered or 
8615  amended by the department. If eligibility for reapplication or 
8616  reinstatement is denied, the contractor or affiliate may not 
8617  petition for a subsequent hearing for a period of 9 months 
8618  following the date of the order of denial or revocation. 
8619  However, a hearing before prior to the expiration of such period 
8620  may be authorized by the department if, in its discretion, it 
8621  determines that a hearing is in the public interest. 
8622         Section 286. Subsection (2) of section 338.2216, Florida 
8623  Statutes, is amended to read: 
8624         338.2216 Florida Turnpike Enterprise; powers and 
8625  authority.— 
8626         (2) The department may shall have the authority to employ 
8627  procurement methods available to the Department of Financial 
8628  Management Services and the Department of Environmental 
8629  Protection under chapters 255 and 287 and under any rule adopted 
8630  under such chapters solely for the benefit of the turnpike 
8631  enterprise. 
8632         Section 287. Subsection (4) of section 338.227, Florida 
8633  Statutes, is amended to read: 
8634         338.227 Turnpike revenue bonds.— 
8635         (4) The Department of Transportation and the Department of 
8636  Financial Management Services shall create and implement an 
8637  outreach program designed to enhance the participation of 
8638  minority persons and minority business enterprises in all 
8639  contracts entered into by their respective departments for 
8640  services related to the financing of department projects for the 
8641  Florida Intrastate Highway System Plan. These services must 
8642  shall include, but are not be limited to, bond counsel and bond 
8643  underwriters. 
8644         Section 288. Subsection (3) of section 350.0614, Florida 
8645  Statutes, is amended to read: 
8646         350.0614 Public Counsel; compensation and expenses.— 
8647         (3) Neither the Executive Office of the Governor nor the 
8648  Department of Personnel Management Services or its successor may 
8649  shall have power to determine the number, or fix the 
8650  compensation, of the employees of the Public Counsel or to 
8651  exercise any manner of control over them. 
8652         Section 289. Section 350.125, Florida Statutes, is amended 
8653  to read: 
8654         350.125 Administrative law judges.—Notwithstanding any 
8655  other provision of law to the contrary notwithstanding, the 
8656  commission shall use utilize administrative law judges of the 
8657  Division of Administrative Hearings of the Department of 
8658  Management Services to conduct hearings of the commission not 
8659  assigned to members of the commission. 
8660         Section 290. Subsection (2) of section 364.0135, Florida 
8661  Statutes, is amended to read: 
8662         364.0135 Promotion of broadband deployment.— 
8663         (2) The Agency for Enterprise Information Technology shall 
8664  Department of Management Services is authorized to work 
8665  collaboratively with, and to receive staffing support and other 
8666  resources from, Enterprise Florida, Inc., state agencies, local 
8667  governments, private businesses, and community organizations to: 
8668         (a) Conduct a needs assessment of broadband Internet 
8669  service in collaboration with communications service providers, 
8670  including, but not limited to, wireless and wireline Internet 
8671  service providers, to develop geographical information system 
8672  maps at the census tract level that will: 
8673         1. Identify geographic gaps in broadband services, 
8674  including areas unserved by any broadband provider and areas 
8675  served by a single broadband provider; 
8676         2. Identify the download and upload transmission speeds 
8677  made available to businesses and individuals in the state, at 
8678  the census tract level of detail, using data rate benchmarks for 
8679  broadband service used by the Federal Communications Commission 
8680  to reflect different speed tiers; and 
8681         3. Provide a baseline assessment of statewide broadband 
8682  deployment in terms of percentage of households with broadband 
8683  availability. 
8684         (b) Create a strategic plan that has goals and strategies 
8685  for increasing the use of broadband Internet service in the 
8686  state. 
8687         (c) Build and facilitate local technology planning teams or 
8688  partnerships with members representing cross-sections of the 
8689  community, which may include, but are not limited to, 
8690  representatives from the following organizations and industries: 
8691  libraries, K-12 education, colleges and universities, local 
8692  health care providers, private businesses, community 
8693  organizations, economic development organizations, local 
8694  governments, tourism, parks and recreation, and agriculture. 
8695         (d) Encourage the use of broadband Internet service, 
8696  especially in the rural, unserved, and underserved communities 
8697  of the state through grant programs having effective strategies 
8698  to facilitate the statewide deployment of broadband Internet 
8699  service. For any grants to be awarded, priority must be given to 
8700  projects that: 
8701         1. Provide access to broadband education, awareness, 
8702  training, access, equipment, and support to libraries, schools, 
8703  colleges and universities, health care providers, and community 
8704  support organizations. 
8705         2. Encourage investments in primarily unserved areas to 
8706  give consumers a choice of more than one broadband Internet 
8707  service provider. 
8708         3. Work toward establishing affordable and sustainable 
8709  broadband Internet service in unserved areas of the state. 
8710         4. Facilitate the development of applications, programs, 
8711  and services, including, but not limited to, telework, 
8712  telemedicine, and e-learning to increase the usage of, and 
8713  demand for, broadband Internet service in the state. 
8714         Section 291. Subsections (2), (3), (4), (5), (6), and (9) 
8715  of section 364.515, Florida Statutes, are amended to read: 
8716         364.515 Infrastructure investment.— 
8717         (2) In order to be eligible under this act, an eligible 
8718  facility, or a group of eligible facilities based on geographic 
8719  proximity, shall submit a technology-needs request to the Agency 
8720  for Enterprise Information Technology Department of Management 
8721  Services. The agency department shall review the technology 
8722  needs request to determine if it conforms to the standards 
8723  outlined in the State Education Technology Committee’s plan. If 
8724  the technology-needs request does not conform to the plan, then 
8725  the agency department shall return the request to the eligible 
8726  facility or group for modifications. After modification of a 
8727  technology-needs request it can then be resubmitted by the 
8728  eligible facility or a group of eligible facilities. A 
8729  technology-needs request shall be submitted to the agency by 
8730  department no later than July 1, 1997. Nothing in this section 
8731  shall prevent The agency may group Department of Management 
8732  Services from grouping eligible facilities technology requests 
8733  if when such grouping would result in the most efficient method 
8734  to deliver advanced telecommunications services. 
8735         (3) Once a technology-needs request or group request has 
8736  been received and has been determined to meet the standards 
8737  outlined in the plan, the Agency for Enterprise Information 
8738  Technology Department of Management Services shall acquire 
8739  advanced telecommunications services requested by an eligible 
8740  facility or group of eligible facilities pursuant to chapter 
8741  287. The agency Department of Management Services shall 
8742  establish specifications to acquire the advanced 
8743  telecommunications infrastructure needed to provide advanced 
8744  telecommunications services. The advanced telecommunications 
8745  infrastructure used to provide such connections to the eligible 
8746  facilities shall be provided at no cost in an amount not to 
8747  exceed $20,000 per eligible facility. If In those instances in 
8748  which a competitive bid is not received, advanced 
8749  telecommunications services to be provided over this 
8750  communication infrastructure must shall be priced below 
8751  commercially available rates for comparable service and less 
8752  than the statewide average of such services. 
8753         (4) Notwithstanding the requirements in subsection (3), in 
8754  geographic areas where interconnection between entities is the 
8755  most efficient method of providing advanced telecommunications 
8756  services, the Agency for Enterprise Information Technology 
8757  Department of Management Services may suggest, along with the 
8758  commission, such interconnection arrangements. 
8759         (5) Any entity may submit a bid or proposal in response to 
8760  the solicitation for services by the Agency for Enterprise 
8761  Information Technology Department of Management Services. The 
8762  agency Department of Management Services shall award a bid in 
8763  conformity with chapter 287, and may not require under no 
8764  circumstances shall the bidder be required to install facilities 
8765  until the eligible facility is ready to use utilize the 
8766  services. If no bids or proposals are received in response to a 
8767  solicitation issued by the Department of Management Services, 
8768  the agency Department of Management Services shall obtain the 
8769  name and address from the commission of the carrier of last 
8770  resort in the territory of the eligible facility and provide 
8771  that carrier of last resort with a description of the advanced 
8772  telecommunications services that must be provided. If no bids or 
8773  proposals are submitted for the provision of advanced 
8774  telecommunications services to an eligible facility, the 
8775  telecommunications company serving as the carrier of last resort 
8776  to such eligible facility shall provide the advanced 
8777  telecommunications services. 
8778         (6) Advanced telecommunications services to be provided by 
8779  the entity awarded the contract or, if no bid or proposal is 
8780  received, the carrier of last resort must shall be provided 
8781  within 6 months or at such later date as the eligible facility 
8782  may specify. If In the event that a technology-needs request is 
8783  received by July 1, 1997, but is requested not to be completed 
8784  until after January 1, 1999, the Agency for Enterprise 
8785  Information Technology Department of Management Services shall 
8786  then issue a solicitation closer to the time the advanced 
8787  telecommunications services are requested. The entities 
8788  providing advanced telecommunications services pursuant to this 
8789  chapter shall abide by the same terms and conditions as those 
8790  eligible facilities requesting such services by January 1, 1999. 
8791         (9) Nothing in This part does not shall preclude the Agency 
8792  for Enterprise Information Technology Department of Management 
8793  Services from combining an eligible facility with any grouping 
8794  of qualified subscribers as defined in chapter 282, to create 
8795  the most cost-effective and efficient access to network 
8796  services. 
8797         Section 292. Section 364.516, Florida Statutes, is amended 
8798  to read: 
8799         364.516 Penalties.—If In the event that the provision of 
8800  advanced telecommunications services to a requesting eligible 
8801  facility pursuant to s. 364.515(5) or (6) is not performed by 
8802  the entity awarded the contract or by a carrier of last resort 
8803  or within the date specified in the solicitation, except in 
8804  those instances in which acts of God may have prevented the 
8805  bidder from completing the contract, the eligible facility or 
8806  the Agency for Enterprise Information Technology Department of 
8807  Management Services may petition the commission for an order 
8808  enforcing the requirements. The commission shall act upon such 
8809  petition within 60 days and, if in the event the commission 
8810  finds that the entity that has been awarded the contract or the 
8811  carrier of last resort has not performed as specified in this 
8812  part, the commission shall order the entities to perform as 
8813  required in the contract or by this part. If In the event the 
8814  entity fails to comply with the commission’s order within 60 
8815  days, the commission shall impose a fine on the bidding company 
8816  or carrier of last resort of $25,000 per eligible facility 
8817  specified in the contract. Any fines collected under this 
8818  section shall be deposited in the General Revenue Fund to be 
8819  allocated back to the specific requesting area where the 
8820  eligible facility is located to implement advanced 
8821  telecommunications services. 
8822         Section 293. Paragraph (a) of subsection (3) of section 
8823  365.171, Florida Statutes, is amended to read: 
8824         365.171 Emergency communications number E911 state plan.— 
8825         (3) DEFINITIONS.—As used in this section, the term: 
8826         (a) “Office” means the Technology Program within the 
8827  Department of Law Enforcement Management Services, as designated 
8828  by the department’s executive director secretary of the 
8829  department. 
8830         Section 294. Paragraph (t) of subsection (3), paragraph (a) 
8831  of subsection (6), paragraph (c) of subsection (7), and 
8832  paragraph (f) of subsection (12) of section 365.172, Florida 
8833  Statutes, are amended to read: 
8834         365.172 Emergency communications number “E911.”— 
8835         (3) DEFINITIONS.—Only as used in this section and ss. 
8836  365.171, 365.173, and 365.174, the term: 
8837         (t) “Office” means the Technology Program within the 
8838  Department of Law Enforcement Management Services, as designated 
8839  by the department’s executive director secretary of the 
8840  department. 
8841         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.— 
8842         (a) The board shall: 
8843         1. Administer the E911 fee. 
8844         2. Implement, maintain, and oversee the fund. 
8845         3. Review and oversee the disbursement of the revenues 
8846  deposited into the fund as provided in s. 365.173. 
8847         a. The board may establish a schedule for implementing 
8848  wireless E911 service by service area, and prioritize 
8849  disbursements of revenues from the fund to providers and rural 
8850  counties as provided in s. 365.173(2)(d) and (g) pursuant to the 
8851  schedule, in order to implement E911 services in the most 
8852  efficient and cost-effective manner. 
8853         b. Revenues in the fund which have not been disbursed 
8854  because sworn invoices as required by s. 365.173(2)(d) have not 
8855  been submitted to the board may be used by the board as needed 
8856  to provide grants to counties for the purpose of upgrading E911 
8857  systems. The counties must use the funds only for capital 
8858  expenditures directly attributable to establishing and 
8859  provisioning E911 services, which may include next-generation 
8860  deployment. Before distributing the Prior to the distribution of 
8861  grants, the board shall provide 90 days’ written notice to all 
8862  counties and publish electronically an approved application 
8863  process electronically. County grant applications shall be 
8864  prioritized based on the availability of funds, current system 
8865  life expectancy, system replacement needs, and Phase II 
8866  compliance per the Federal Communications Commission. No grants 
8867  will be available to any county for next-generation deployment 
8868  until all counties are Phase II complete. The board shall take 
8869  all actions within its authority to ensure that county 
8870  recipients of such grants use these funds only for the purpose 
8871  under which they have been provided and may take any actions 
8872  within its authority to secure county repayment of grant 
8873  revenues upon determination that the funds were not used for the 
8874  purpose for under which they were provided. 
8875         c. The board shall reimburse all costs of a wireless 
8876  provider in accordance with s. 365.173(2)(d) before taking any 
8877  action to transfer additional funds. 
8878         d. By September 1, 2007, the board shall authorize the 
8879  transfer of up to $15 million to the counties from existing 
8880  money within the fund established under s. 365.173(1). The money 
8881  shall be disbursed equitably to all of the counties using a 
8882  timeframe and distribution methodology established by the board 
8883  before September 1, 2007, in order to prevent a loss to the 
8884  counties in the ordinary and expected time value of money caused 
8885  by any timing delay in remittance to the counties of wireline 
8886  fees caused by the one-time transfer of collecting wireline fees 
8887  by the counties to the board. All disbursements for this purpose 
8888  must be returned to the fund from future remittances by the 
8889  nonwireless category. 
8890         e. After taking the action required in sub-subparagraphs 
8891  a.-d., the board may review and, with all members participating 
8892  in the vote, adjust the percentage allocations or adjust the 
8893  amount of the fee, or both, under paragraph (8)(h), and, if the 
8894  board determines that the revenues in the wireless category 
8895  exceed the amount needed to reimburse wireless providers for the 
8896  cost to implement E911 services, the board may transfer revenue 
8897  to the counties from the existing funds within the wireless 
8898  category. The board shall disburse the funds equitably to all 
8899  counties using a timeframe and distribution methodology 
8900  established by the board. 
8901         4. Review documentation submitted by wireless providers 
8902  which reflects current and projected funds derived from the fee, 
8903  and the expenses incurred and expected to be incurred in order 
8904  to comply with the E911 service requirements contained in the 
8905  order for the purposes of: 
8906         a. Ensuring that wireless providers receive fair and 
8907  equitable distributions of funds from the fund. 
8908         b. Ensuring that wireless providers are not provided 
8909  disbursements from the fund which exceed the costs of providing 
8910  E911 service, including the costs of complying with the order. 
8911         c. Ascertaining the projected costs of compliance with the 
8912  requirements of the order and projected collections of the fee. 
8913         d. Implementing changes to the allocation percentages or 
8914  adjusting the fee under paragraph (8)(i). 
8915         5. Meet monthly in the most efficient and cost-effective 
8916  manner, including telephonically if when practical, for the 
8917  business to be conducted, to review and approve or reject, in 
8918  whole or in part, applications submitted by wireless providers 
8919  for recovery of moneys deposited into the wireless category, and 
8920  to authorize the transfer of, and distribute, the fee allocation 
8921  to the counties. 
8922         6. Hire and retain employees, which may include an 
8923  independent executive director who must shall possess experience 
8924  in the area of telecommunications and emergency 911 issues, for 
8925  the purposes of performing the technical and administrative 
8926  functions for the board. 
8927         7. Make and enter into contracts, pursuant to chapter 287, 
8928  and execute other instruments necessary or convenient for the 
8929  exercise of the powers and functions of the board. 
8930         8. Sue and be sued, and appear and defend in all actions 
8931  and proceedings, in its corporate name to the same extent as a 
8932  natural person. 
8933         9. Adopt, use, and alter a common corporate seal. 
8934         10. Elect or appoint the officers and agents that are 
8935  required by the affairs of the board. 
8936         11. The board may adopt rules under ss. 120.536(1) and 
8937  120.54 to implement this section and ss. 365.173 and 365.174. 
8938         12. Provide coordination, support, and technical assistance 
8939  to counties to promote the deployment of advanced 911 and E911 
8940  systems in the state. 
8941         13. Provide coordination and support for educational 
8942  opportunities related to E911 issues for the E911 community in 
8943  this state. 
8944         14. Act as an advocate for issues related to E911 system 
8945  functions, features, and operations to improve the delivery of 
8946  E911 services to the residents of and visitors to this state. 
8947         15. Coordinate input from this state at national forums and 
8948  associations, to ensure that policies related to E911 systems 
8949  and services are consistent with the policies of the E911 
8950  community in this state. 
8951         16. Work cooperatively with the system director established 
8952  in s. 365.171(5) to enhance the state of E911 services in this 
8953  state and to provide unified leadership for all E911 issues 
8954  through planning and coordination. 
8955         17. Do all acts and things necessary or convenient to carry 
8956  out the powers granted in this section in a manner that is 
8957  competitively and technologically neutral as to all voice 
8958  communications services providers, including, but not limited 
8959  to, consideration of emerging technology and related cost 
8960  savings, while taking into account embedded costs in current 
8961  systems. 
8962         18. Have the authority to secure the services of an 
8963  independent, private attorney via invitation to bid, request for 
8964  proposals, invitation to negotiate, or professional contracts 
8965  for legal services already established at the Division of 
8966  Purchasing of the Department of Financial Management Services. 
8967         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.— 
8968         (c) After July 1, 2004, The board may secure the services 
8969  of an independent accounting firm via invitation to bid, request 
8970  for proposals, invitation to negotiate, or professional 
8971  contracts already established at the Division of Purchasing, 
8972  Department of Financial Management Services, for certified 
8973  public accounting firms, or the board may hire and retain 
8974  professional accounting staff to accomplish these functions. 
8975         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance 
8976  the public need for reliable E911 services through reliable 
8977  wireless systems and the public interest served by governmental 
8978  zoning and land development regulations and notwithstanding any 
8979  other law or local ordinance to the contrary, the following 
8980  standards shall apply to a local government’s actions, as a 
8981  regulatory body, in the regulation of the placement, 
8982  construction, or modification of a wireless communications 
8983  facility. This subsection shall not, however, be construed to 
8984  waive or alter the provisions of s. 286.011 or s. 286.0115. For 
8985  the purposes of this subsection only, “local government” shall 
8986  mean any municipality or county and any agency of a municipality 
8987  or county only. The term “local government” does not, however, 
8988  include any airport, as defined by s. 330.27(2), even if it is 
8989  owned or controlled by or through a municipality, county, or 
8990  agency of a municipality or county. Further, notwithstanding 
8991  anything in this section to the contrary, this subsection does 
8992  not apply to or control a local government’s actions as a 
8993  property or structure owner in the use of any property or 
8994  structure owned by such entity for the placement, construction, 
8995  or modification of wireless communications facilities. In the 
8996  use of property or structures owned by the local government, 
8997  however, a local government may not use its regulatory authority 
8998  so as to avoid compliance with, or in a manner that does not 
8999  advance, the provisions of this subsection. 
9000         (f) Notwithstanding any other law to the contrary 
9001  notwithstanding, the Department of Law Enforcement Management 
9002  Services shall negotiate, in the name of the state, leases for 
9003  wireless communications facilities that provide access to state 
9004  government-owned property not acquired for transportation 
9005  purposes, and the Department of Transportation shall negotiate, 
9006  in the name of the state, leases for wireless communications 
9007  facilities that provide access to property acquired for state 
9008  rights-of-way. On property acquired for transportation purposes, 
9009  leases shall be granted in accordance with s. 337.251. On other 
9010  state government-owned property, leases shall be granted on a 
9011  space available, first-come, first-served basis. Payments 
9012  required by state government under a lease must be reasonable 
9013  and must reflect the market rate for the use of the state 
9014  government-owned property. The Department of Law Enforcement 
9015  Management Services and the Department of Transportation may are 
9016  authorized to adopt rules for the terms and conditions and 
9017  granting of any such leases. 
9018         Section 295. Subsection (1) of section 365.173, Florida 
9019  Statutes, is amended to read: 
9020         365.173 Emergency Communications Number E911 System Fund.— 
9021         (1) All revenues derived from the fee levied on subscribers 
9022  under s. 365.172 must be paid by the board into the State 
9023  Treasury on or before the 15th day of each month. Such moneys 
9024  must be accounted for in a special fund to be designated as the 
9025  Emergency Communications Number E911 System Fund, a fund created 
9026  in the Technology Program within the Department of Law 
9027  Enforcement, or other office as designated by the department’s 
9028  executive director Secretary of Management Services, and, for 
9029  accounting purposes, must be segregated into two separate 
9030  categories: 
9031         (a) the wireless category; and 
9032         (b) the nonwireless category. All moneys must be invested 
9033  by the Chief Financial Officer pursuant to s. 17.61. All moneys 
9034  in such fund are to be expended by the office for the purposes 
9035  provided in this section and s. 365.172. These funds are not 
9036  subject to s. 215.20. 
9037         Section 296. Section 373.4596, Florida Statutes, is amended 
9038  to read: 
9039         373.4596 State compliance with stormwater management 
9040  programs.—The state, through the department of Management 
9041  Services, the Department of Transportation, and other agencies, 
9042  shall construct, operate, and maintain buildings, roads, and 
9043  other facilities it owns, leases, or manages to fully comply 
9044  with state, water management district, and local government 
9045  stormwater management programs. 
9046         Section 297. Paragraph (f) of subsection (5) of section 
9047  373.461, Florida Statutes, is amended to read: 
9048         373.461 Lake Apopka improvement and management.— 
9049         (5) PURCHASE OF AGRICULTURAL LANDS.— 
9050         (f)1. Tangible personal property acquired by the district 
9051  as part of related facilities pursuant to this section, and 
9052  classified as surplus by the district, shall be sold by the 
9053  Department of Financial Management Services. The department of 
9054  Management Services shall deposit the proceeds of such sale in 
9055  the Economic Development Trust Fund in the Executive Office of 
9056  the Governor. The proceeds shall be used to provide for the 
9057  purpose of providing economic and infrastructure development in 
9058  portions of northwestern Orange County and east central Lake 
9059  County which will be adversely affected economically due to the 
9060  acquisition of lands pursuant to this subsection. 
9061         2. The Office of Tourism, Trade, and Economic Development 
9062  shall, upon presentation of the appropriate documentation 
9063  justifying expenditure of the funds deposited pursuant to this 
9064  paragraph, pay any obligation for which it has sufficient funds 
9065  from the proceeds of the sale of tangible personal property and 
9066  which meets the limitations specified in paragraph (g). The 
9067  authority of the office of Tourism, Trade, and Economic 
9068  Development to expend such funds shall expire 5 years after from 
9069  the effective date of this paragraph. Such expenditures may 
9070  occur without future appropriation from the Legislature. 
9071         3. Funds deposited under this paragraph may not be used for 
9072  any purpose other than those enumerated in paragraph (g). 
9073         Section 298. Section 376.10, Florida Statutes, is amended 
9074  to read: 
9075         376.10 Personnel and equipment.—The department shall 
9076  establish and maintain at such ports within the state and other 
9077  places as it shall determine such employees and equipment as in 
9078  its judgment may be necessary to carry out the provisions of ss. 
9079  376.011-376.21. The department may employ and prescribe the 
9080  duties of such employees, subject to the rules and regulations 
9081  of the Department of Personnel Management Services. The salaries 
9082  of the employees and the cost of the equipment shall be paid 
9083  from the Florida Coastal Protection Trust Fund established by 
9084  ss. 376.011-376.21. The department shall periodically consult 
9085  with other agencies departments of the state relative to 
9086  procedures for the prevention of discharges of pollutants into 
9087  or affecting the coastal waters of the state from operations 
9088  regulated by ss. 376.011-376.21. 
9089         Section 299. Paragraph (k) of subsection (2) of section 
9090  377.703, Florida Statutes, is amended to read: 
9091         377.703 Additional functions of the Florida Energy and 
9092  Climate Commission.— 
9093         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The 
9094  commission shall perform the following functions consistent with 
9095  the development of a state energy policy: 
9096         (k) The commission shall coordinate energy-related programs 
9097  of state government, including, but not limited to, the programs 
9098  provided in this section. To this end, the commission shall: 
9099         1. Provide assistance to other state agencies, counties, 
9100  municipalities, and regional planning agencies to further and 
9101  promote their energy planning activities. 
9102         2. Require, in cooperation with the Department of 
9103  Environmental Protection Management Services, that all state 
9104  agencies to operate state-owned and state-leased buildings in 
9105  accordance with energy conservation standards as adopted by the 
9106  department of Management Services. Every 3 months, the 
9107  department of Management Services shall furnish the commission 
9108  with data on agencies’ energy consumption and emissions of 
9109  greenhouse gases in a format prescribed by the commission. 
9110         3. Promote the development and use of renewable energy 
9111  resources, energy efficiency technologies, and conservation 
9112  measures. 
9113         4. Promote the recovery of energy from wastes, including, 
9114  but not limited to, the use of waste heat, the use of 
9115  agricultural products as a source of energy, and recycling of 
9116  manufactured products. Such promotion must shall be conducted in 
9117  conjunction with, and after consultation with, the Department of 
9118  Environmental Protection and the Florida Public Service 
9119  Commission where electrical generation or natural gas is 
9120  involved, and any other relevant federal, state, or local 
9121  governmental agency having responsibility for resource recovery 
9122  programs. 
9123         Section 300. Subsection (9) of section 381.98, Florida 
9124  Statutes, is amended to read: 
9125         381.98 The Florida Public Health Institute, Inc.; 
9126  establishment; purpose; mission; duties; board of directors.— 
9127         (9) The corporation may purchase goods, services, and 
9128  property for use by the Department of Health. These purchases 
9129  are not subject to the provisions of chapters 253, 255, and 287, 
9130  or nor to the control or direction of the Department of 
9131  Environmental Protection or the Department of Financial 
9132  Management Services. 
9133         Section 301. Section 394.9151, Florida Statutes, is amended 
9134  to read: 
9135         394.9151 Contract authority.—The Department of Children and 
9136  Family Services may contract with a private entity or state 
9137  agency for use of and operation of facilities to comply with the 
9138  requirements of this part act. The department of Children and 
9139  Family Services may also contract with the Department of 
9140  Financial Management Services to issue a request for proposals 
9141  and monitor contract compliance for these services. 
9142         Section 302. Section 395.1031, Florida Statutes, is amended 
9143  to read: 
9144         395.1031 Emergency medical services; communication.—Each 
9145  licensed hospital with an emergency department must be capable 
9146  of communicating by two-way radio with all ground-based basic 
9147  life support service vehicles and advanced life support service 
9148  vehicles that operate within the hospital’s service area under a 
9149  state permit and with all rotorcraft air ambulances that operate 
9150  under a state permit. The hospital’s radio system must be 
9151  capable of interfacing with municipal mutual aid channels 
9152  designated by the Department of Law Enforcement Management 
9153  Services and the Federal Communications Commission. 
9154         Section 303. Subsection (5) of section 400.121, Florida 
9155  Statutes, is amended to read: 
9156         400.121 Denial, suspension, revocation of license; 
9157  administrative fines; procedure; order to increase staffing.— 
9158         (5) An action taken by the agency to deny, suspend, or 
9159  revoke a facility’s license under this part or part II of 
9160  chapter 408 shall be heard by the Division of Administrative 
9161  Hearings of the Department of Management Services within 60 days 
9162  after the assignment of an administrative law judge, unless the 
9163  time limitation is waived by both parties. The administrative 
9164  law judge must render a decision within 30 days after receipt of 
9165  a proposed recommended order. 
9166         Section 304. Section 401.013, Florida Statutes, is amended 
9167  to read: 
9168         401.013 Legislative intent.—It is the intention and purpose 
9169  of the Legislature that a statewide system of regional emergency 
9170  medical telecommunications be developed whereby maximum use of 
9171  existing radio channels is achieved in order to more effectively 
9172  and rapidly provide emergency medical service to the general 
9173  population. To this end, all emergency medical service entities 
9174  within the state are directed to provide the Department of Law 
9175  Enforcement Management Services with any information the 
9176  department requests for the purpose of implementing the 
9177  provisions of s. 401.015, and such entities shall comply with 
9178  the resultant provisions established pursuant to this part. 
9179         Section 305. Section 401.015, Florida Statutes, is amended 
9180  to read: 
9181         401.015 Statewide regional emergency medical 
9182  telecommunication system.—The Department of Law Enforcement 
9183  shall Management Services is authorized and directed to develop 
9184  a statewide system of regional emergency medical 
9185  telecommunications. For the purpose of this part, the term 
9186  “telecommunications” means those voice, data, and signaling 
9187  transmissions and receptions between emergency medical service 
9188  components, including, but not limited to: ambulances; rescue 
9189  vehicles; hospitals or other related emergency receiving 
9190  facilities; emergency communications centers; physicians and 
9191  emergency medical personnel; paging facilities; law enforcement 
9192  and fire protection agencies; and poison control, suicide, and 
9193  emergency management agencies. In formulating such a system, the 
9194  department shall divide the state into appropriate regions and 
9195  shall develop a program that which includes, but is not limited 
9196  to, the following provisions: 
9197         (1) A requirements provision that states, which shall state 
9198  the telecommunications requirements for each emergency medical 
9199  entity comprising the region. 
9200         (2) An interfacility communications provision that depicts, 
9201  which shall depict the telecommunications interfaces between the 
9202  various medical service entities that which operate within the 
9203  region and state. 
9204         (3) An organizational layout provision that includes, which 
9205  shall include each emergency medical entity and the number of 
9206  base, mobile, handheld, or other radio operating units (base, 
9207  mobile, handheld, etc.) per entity. 
9208         (4) A frequency allocation and use provision that includes, 
9209  which shall include on an entity basis each assigned and planned 
9210  radio channel and the simplex, duplex, or other type of 
9211  operation (simplex, duplex, half duplex, etc.) on each channel. 
9212         (5) An operational provision that includes, which shall 
9213  include dispatching, logging, and operating procedures 
9214  pertaining to telecommunications on an entity basis and regional 
9215  basis. 
9216         (6) An emergency medical service telephone provision that 
9217  includes, which shall include the telephone and the numbering 
9218  plan throughout the region for both the public and interface 
9219  requirements. 
9220         Section 306. Section 401.018, Florida Statutes, is amended 
9221  to read: 
9222         401.018 System coordination.— 
9223         (1) The statewide system of regional emergency medical 
9224  telecommunications shall be developed by the Department of Law 
9225  Enforcement Management Services, which department shall be 
9226  responsible for the implementation and coordination of such 
9227  system into the state telecommunications plan. The department 
9228  shall adopt any necessary rules and regulations for implementing 
9229  and coordinating such a system. 
9230         (2) The Department of Law Enforcement is Management 
9231  Services shall be designated as the state frequency coordinator 
9232  for the special emergency radio service. 
9233         Section 307. Section 401.021, Florida Statutes, is amended 
9234  to read: 
9235         401.021 System director.—The executive director of Law 
9236  Enforcement Secretary of Management Services or a his or her 
9237  designee shall be is designated as the director of the statewide 
9238  telecommunications system of the regional emergency medical 
9239  service and, for the purpose of carrying out the provisions of 
9240  this part, may is authorized to coordinate the activities of the 
9241  telecommunications system with other interested state, county, 
9242  local, and private agencies. 
9243         Section 308. Section 401.024, Florida Statutes, is amended 
9244  to read: 
9245         401.024 System approval.—An From July 1, 1973, no emergency 
9246  medical telecommunications system may not shall be established 
9247  or present systems expanded without prior approval of the 
9248  Department of Law Enforcement Management Services. 
9249         Section 309. Section 401.027, Florida Statutes, is amended 
9250  to read: 
9251         401.027 Federal assistance.—The executive director of Law 
9252  Enforcement Secretary of Management Services or a his or her 
9253  designee may is authorized to apply for and accept federal 
9254  funding assistance in the development and implementation of a 
9255  statewide emergency medical telecommunications system. 
9256         Section 310. Paragraph (b) of subsection (2) of section 
9257  401.245, Florida Statutes, is amended to read: 
9258         401.245 Emergency Medical Services Advisory Council.— 
9259         (2) 
9260         (b) Representation on the Emergency Medical Services 
9261  Advisory Council must shall include: two licensed physicians who 
9262  are “medical directors” as defined in s. 401.23(15) or whose 
9263  medical practice is closely related to emergency medical 
9264  services; two emergency medical service administrators, one of 
9265  whom is employed by a fire service; two certified paramedics, 
9266  one of whom is employed by a fire service; two certified 
9267  emergency medical technicians, one of whom is employed by a fire 
9268  service; one emergency medical services educator; one emergency 
9269  nurse; one hospital administrator; one representative of air 
9270  ambulance services; one representative of a commercial ambulance 
9271  operator; and two laypersons who are in no way connected with 
9272  emergency medical services, one of whom is a representative of 
9273  the elderly. Ex officio members of the advisory council from 
9274  state agencies must shall include, but are shall not be limited 
9275  to, representatives from the Department of Education, the 
9276  Department of Law Enforcement Management Services, the State 
9277  Fire Marshal, the Department of Highway Safety and Motor 
9278  Vehicles, the Department of Transportation, and the Department 
9279  of Community Affairs. 
9280         Section 311. Section 402.35, Florida Statutes, is amended 
9281  to read: 
9282         402.35 Employees.—All personnel of the Department of 
9283  Children and Family Services shall be governed by rules and 
9284  regulations adopted and promulgated by the Department of 
9285  Personnel Management Services relative thereto except for the 
9286  director and persons paid on a fee basis. The Department of 
9287  Children and Family Services may participate with other state 
9288  departments and agencies in a joint merit system. A No federal, 
9289  state, county, or municipal officer may not shall be eligible to 
9290  serve as an employee of the Department of Children and Family 
9291  Services. 
9292         Section 312. Paragraph (a) of subsection (2) of section 
9293  402.50, Florida Statutes, is amended to read: 
9294         402.50 Administrative infrastructure; legislative intent; 
9295  establishment of standards.— 
9296         (2) ADMINISTRATIVE INFRASTRUCTURE STANDARDS.— 
9297         (a) The department, in conjunction with the Department of 
9298  Personnel Management Services and the Governor’s Office of 
9299  Policy and Budget Planning and Budgeting, shall develop 
9300  standards for administrative infrastructure funding and staffing 
9301  to support the department and contract service providers in the 
9302  execution of their duties and responsibilities. 
9303         Section 313. Paragraph (b) of subsection (14) of section 
9304  403.061, Florida Statutes, is amended to read: 
9305         403.061 Department; powers and duties.—The department shall 
9306  have the power and the duty to control and prohibit pollution of 
9307  air and water in accordance with the law and rules adopted and 
9308  promulgated by it and, for this purpose, to: 
9309         (14) Establish a permit system whereby a permit may be 
9310  required for the operation, construction, or expansion of any 
9311  installation that may be a source of air or water pollution and 
9312  provide for the issuance and revocation of such permits and for 
9313  the posting of an appropriate bond to operate. 
9314         (b) The provisions of chapter 120 shall be accorded any 
9315  person when substantial interests will be affected by an 
9316  activity proposed to be conducted by the Department of 
9317  Transportation pursuant to its certification and the acceptance 
9318  of the department. If a proceeding is conducted pursuant to ss. 
9319  120.569 and 120.57, the department may intervene as a party. If 
9320  Should an administrative law judge of the Division of 
9321  Administrative Hearings submits of the Department of Management 
9322  Services submit a recommended order pursuant to ss. 120.569 and 
9323  120.57, the department shall issue a final department order 
9324  adopting, rejecting, or modifying the recommended order pursuant 
9325  to such action. 
9326 
9327  The department shall implement such programs in conjunction with 
9328  its other powers and duties and shall place special emphasis on 
9329  reducing and eliminating contamination that presents a threat to 
9330  humans, animals or plants, or to the environment. 
9331         Section 314. Paragraph (b) of subsection (3) of section 
9332  403.42, Florida Statutes, is amended to read: 
9333         403.42 Florida Clean Fuel Act.— 
9334         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED; 
9335  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.— 
9336         (b)1. The advisory board shall consist of the Secretary of 
9337  Community Affairs, or a designee from that department, the 
9338  Secretary of Environmental Protection, or a designee from that 
9339  department, the Commissioner of Education, or a designee from 
9340  that department, the Secretary of Transportation, or a designee 
9341  from that department, the Commissioner of Agriculture, or a 
9342  designee from the Department of Agriculture and Consumer 
9343  Services, the Chief Financial Officer Secretary of Management 
9344  Services, or a designee from that department, and a 
9345  representative of each of the following, who shall be appointed 
9346  by the Secretary of Environmental Protection: 
9347         a. The Florida biodiesel industry. 
9348         b. The Florida electric utility industry. 
9349         c. The Florida natural gas industry. 
9350         d. The Florida propane gas industry. 
9351         e. An automobile manufacturers’ association. 
9352         f. A Florida Clean Cities Coalition designated by the 
9353  United States Department of Energy. 
9354         g. Enterprise Florida, Inc. 
9355         h. EV Ready Broward. 
9356         i. The Florida petroleum industry. 
9357         j. The Florida League of Cities. 
9358         k. The Florida Association of Counties. 
9359         l. Floridians for Better Transportation. 
9360         m. A motor vehicle manufacturer. 
9361         n. Florida Local Environment Resource Agencies. 
9362         o. Project for an Energy Efficient Florida. 
9363         p. Florida Transportation Builders Association. 
9364         2. The purpose of the advisory board is to serve as a 
9365  resource for the department and to provide the Governor, the 
9366  Legislature, and the Secretary of Environmental Protection with 
9367  private sector and other public agency perspectives on achieving 
9368  the goal of increasing the use of alternative fuel vehicles in 
9369  this state. 
9370         3. Members shall be appointed to serve terms of 1 year 
9371  each, with reappointment at the discretion of the Secretary of 
9372  Environmental Protection. Vacancies shall be filled for the 
9373  remainder of the unexpired term in the same manner as the 
9374  original appointment. 
9375         4. The board shall annually select a chairperson. 
9376         5.a. The board shall meet at least once each quarter or 
9377  more often at the call of the chairperson or the Secretary of 
9378  Environmental Protection. 
9379         b. Meetings are exempt from the notice requirements of 
9380  chapter 120, and sufficient notice must shall be given to afford 
9381  interested persons reasonable notice under the circumstances. 
9382         6. Members of the board are entitled to travel expenses 
9383  while engaged in the performance of board duties. 
9384         7. The board shall terminate 5 years after the effective 
9385  date of this act. 
9386         Section 315. Paragraph (b) of subsection (2) and paragraph 
9387  (b) of subsection (3) of section 403.518, Florida Statutes, are 
9388  amended to read: 
9389         403.518 Fees; disposition.—The department shall charge the 
9390  applicant the following fees, as appropriate, which, unless 
9391  otherwise specified, shall be paid into the Florida Permit Fee 
9392  Trust Fund: 
9393         (2) An application fee, which shall not exceed $200,000. 
9394  The fee shall be fixed by rule on a sliding scale related to the 
9395  size, type, ultimate site capacity, or increase in electrical 
9396  generating capacity proposed by the application. 
9397         (b) The following percentages shall be transferred to the 
9398  Operating Trust Fund of the Division of Administrative Hearings 
9399  of the Department of Management Services: 
9400         1. Five percent to compensate expenses from the initial 
9401  exercise of duties associated with the filing of an application. 
9402         2. An additional 5 percent if a land use hearing is held 
9403  pursuant to s. 403.508. 
9404         3. An additional 10 percent if a certification hearing is 
9405  held pursuant to s. 403.508. 
9406         (3) 
9407         (b) The fee shall be submitted to the department with a 
9408  petition for modification pursuant to s. 403.516. The This fee 
9409  shall be established, disbursed, and processed in the same 
9410  manner as the application fee in subsection (2), except that the 
9411  Division of Administrative Hearings may shall not receive a 
9412  portion of the fee unless the petition for certification 
9413  modification is referred to the Division of Administrative 
9414  Hearings for hearing. If the petition is so referred, only 
9415  $10,000 of the fee shall be transferred to the Operating Trust 
9416  Fund of the Division of Administrative Hearings of the 
9417  Department of Personnel Management Services. 
9418         Section 316. Paragraph (c) of subsection (1) of section 
9419  403.5365, Florida Statutes, is amended to read: 
9420         403.5365 Fees; disposition.—The department shall charge the 
9421  applicant the following fees, as appropriate, which, unless 
9422  otherwise specified, shall be paid into the Florida Permit Fee 
9423  Trust Fund: 
9424         (1) An application fee. 
9425         (c) The following percentages shall be transferred to the 
9426  Operating Trust Fund of the Division of Administrative Hearings 
9427  of the Department of Personnel Management Services: 
9428         1. Five percent to compensate for expenses from the initial 
9429  exercise of duties associated with the filing of an application. 
9430         2. An additional 10 percent if an administrative hearing 
9431  under s. 403.527 is held. 
9432         Section 317. Subsection (1) of section 403.7065, Florida 
9433  Statutes, is amended to read: 
9434         403.7065 Procurement of products or materials with recycled 
9435  content.— 
9436         (1) Except as provided in s. 287.045, any state agency or 
9437  agency of a political subdivision of the state which is using 
9438  state funds, or any person contracting with any such agency with 
9439  respect to work performed under contract, must is required to 
9440  procure products or materials that have with recycled content if 
9441  when the Department of Financial Management Services determines 
9442  that those products or materials are available. A decision not 
9443  to procure such items must be based on the department’s 
9444  Department of Management Services’ determination that such 
9445  procurement is not reasonably available within an acceptable 
9446  period of time, fails to meet the performance standards set 
9447  forth in the applicable specifications, or fails to meet the 
9448  performance standards of the agency. If When the requirements of 
9449  s. 287.045 are met, agencies are shall be subject to the 
9450  procurement requirements of that section for procuring products 
9451  or materials with recycled content. 
9452         Section 318. Paragraphs (a) and (d) of subsection (1) and 
9453  subsection (3) of section 403.714, Florida Statutes, are amended 
9454  to read: 
9455         403.714 Duties of state agencies.— 
9456         (1) Each state agency, the judicial branch of state 
9457  government, and the State University System shall: 
9458         (a) Establish a program, in cooperation with the department 
9459  and the Department of Financial Management Services, for the 
9460  collection of all recyclable materials generated in state 
9461  offices and institutions throughout the state, including, at a 
9462  minimum, aluminum, high-grade office paper, and corrugated 
9463  paper. 
9464         (d) Establish and implement, in cooperation with the 
9465  department and the Department of Financial Management Services, 
9466  a solid waste reduction program for materials used in the course 
9467  of agency operations. The program shall be designed and 
9468  implemented to achieve the maximum feasible reduction of solid 
9469  waste generated as a result of agency operations. 
9470         (3) All state agencies, including, but not limited to, the 
9471  Department of Transportation, the department, and the Department 
9472  of Financial Management Services and local governments, must are 
9473  required to procure compost products if when they can be 
9474  substituted for, and cost no more than, regular soil amendment 
9475  products, provided the compost products meet all applicable 
9476  state standards, specifications, and regulations. 
9477         Section 319. Subsection (1) of section 403.7145, Florida 
9478  Statutes, is amended to read: 
9479         403.7145 Recycling.— 
9480         (1) The Capitol and the House and Senate office buildings 
9481  constitute the Capitol recycling area. The Florida House of 
9482  Representatives, the Florida Senate, and the Office of the 
9483  Governor, the Secretary of State, and each Cabinet officer who 
9484  heads a department that occupies office space in the Capitol, 
9485  shall institute a recycling program for their respective offices 
9486  in the House and Senate office buildings and the Capitol. 
9487  Provisions shall be made to collect and sell wastepaper and 
9488  empty aluminum beverage cans generated by employee activities in 
9489  these offices. The collection and sale of such materials shall 
9490  be coordinated with Department of Management Services recycling 
9491  activities of the Department of Financial Services in order to 
9492  maximize the efficiency and economy of the this program. The 
9493  Governor, the Speaker of the House of Representatives, the 
9494  President of the Senate, the Secretary of State, and the Cabinet 
9495  officers may authorize the use of proceeds from recyclable 
9496  material sales for employee benefits and other purposes, in 
9497  order to provide incentives to their respective employees for 
9498  participation in the recycling program. Such proceeds may also 
9499  be used to offset any costs of the recycling program. 
9500         Section 320. Section 403.71852, Florida Statutes, is 
9501  amended to read: 
9502         403.71852 Collection of lead-containing products.—The 
9503  department shall of Environmental Protection is directed to work 
9504  with the Department of Financial Management Services to 
9505  implement a pilot program to collect lead-containing products, 
9506  including end-of-life computers and other electronic equipment 
9507  from state and local agencies. Local governments are encouraged 
9508  to establish collection and recycling programs for publicly and 
9509  privately owned lead-containing products, including end-of-life 
9510  televisions, computers, and other electronic products, through 
9511  existing recycling and household hazardous-waste-management 
9512  programs. 
9513         Section 321. Paragraph (c) of subsection (3) of section 
9514  406.075, Florida Statutes, is amended to read: 
9515         406.075 Grounds for discipline; disciplinary proceedings.— 
9516         (3) 
9517         (c) A formal hearing before an administrative law judge 
9518  from the Division of Administrative Hearings of the Department 
9519  of Management Services shall be held pursuant to chapter 120 
9520  unless all parties agree in writing that there is no disputed 
9521  issue of material fact. The administrative law judge shall issue 
9522  a recommended order pursuant to chapter 120. If any party raises 
9523  an issue of disputed fact during an informal hearing, the 
9524  hearing shall be terminated and a formal hearing pursuant to 
9525  chapter 120 shall be held. 
9526         Section 322. Paragraph (b) of subsection (5) of section 
9527  408.039, Florida Statutes, is amended to read: 
9528         408.039 Review process.—The review process for certificates 
9529  of need shall be as follows: 
9530         (5) ADMINISTRATIVE HEARINGS.— 
9531         (b) Hearings shall be held in Tallahassee unless the 
9532  administrative law judge determines that changing the location 
9533  will facilitate the proceedings. The agency shall assign 
9534  proceedings requiring hearings to the Division of Administrative 
9535  Hearings of the Department of Management Services within 10 days 
9536  after the time has expired for requesting a hearing. Except upon 
9537  unanimous consent of the parties or upon the granting by the 
9538  administrative law judge of a motion of continuance, hearings 
9539  shall commence within 60 days after the administrative law judge 
9540  has been assigned. For an application for a general hospital, 
9541  administrative hearings shall commence within 6 months after the 
9542  administrative law judge has been assigned, and a continuance 
9543  may not be granted absent a finding of extraordinary 
9544  circumstances by the administrative law judge. All parties, 
9545  except the agency, shall bear their own expense of preparing a 
9546  transcript. In any application for a certificate of need which 
9547  is referred to the division of Administrative Hearings for 
9548  hearing, the administrative law judge shall complete and submit 
9549  to the parties a recommended order as provided in ss. 120.569 
9550  and 120.57. The recommended order must shall be issued within 30 
9551  days after the receipt of the proposed recommended orders or the 
9552  deadline for submission of such proposed recommended orders, 
9553  whichever is earlier. The division shall adopt procedures for 
9554  administrative hearings which shall maximize the use of 
9555  stipulated facts and shall provide for the admission of prepared 
9556  testimony. 
9557         Section 323. Paragraph (a) of subsection (11) of section 
9558  408.910, Florida Statutes, is amended to read: 
9559         408.910 Florida Health Choices Program.— 
9560         (11) CORPORATION.—There is created the Florida Health 
9561  Choices, Inc., which shall be registered, incorporated, 
9562  organized, and operated in compliance with part III of chapter 
9563  112 and chapters 119, 286, and 617. The purpose of the 
9564  corporation is to administer the program created in this section 
9565  and to conduct such other business as may further the 
9566  administration of the program. 
9567         (a) The corporation shall be governed by a 15-member board 
9568  of directors consisting of: 
9569         1. Three ex officio, nonvoting members to include: 
9570         a. The Secretary of Health Care Administration or a 
9571  designee with expertise in health care services. 
9572         b. The executive director of Personnel Secretary of 
9573  Management Services or a designee with expertise in state 
9574  employee benefits. 
9575         c. The commissioner of the Office of Insurance Regulation 
9576  or a designee with expertise in insurance regulation. 
9577         2. Four members appointed by and serving at the pleasure of 
9578  the Governor. 
9579         3. Four members appointed by and serving at the pleasure of 
9580  the President of the Senate. 
9581         4. Four members appointed by and serving at the pleasure of 
9582  the Speaker of the House of Representatives. 
9583         5. Board members may not include insurers, health insurance 
9584  agents or brokers, health care providers, health maintenance 
9585  organizations, prepaid service providers, or any other entity, 
9586  affiliate or subsidiary of eligible vendors. 
9587         Section 324. Subsection (3) of section 413.036, Florida 
9588  Statutes, is amended to read: 
9589         413.036 Procurement of services by agencies; authority of 
9590  department.— 
9591         (3) If, pursuant to a contract between a any legislative, 
9592  executive, or judicial agency of the state and any private 
9593  contract vendor, a product or service is required by the 
9594  Department of Financial Management Services or on behalf of any 
9595  state agency which that is included on the procurement list 
9596  established by the commission pursuant to s. 413.035(2), the 
9597  contract must contain the following language: 
9598         “IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES 
9599  THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT 
9600  MUST SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR 
9601  FOR THE SEVERELY HANDICAPPED WHICH THAT IS QUALIFIED PURSUANT TO 
9602  CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE 
9603  SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA 
9604  STATUTES.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, 
9605  OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS 
9606  CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY 
9607  INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE 
9608  CONCERNED.” 
9609         Section 325. Subsection (11) of section 413.051, Florida 
9610  Statutes, is amended to read: 
9611         413.051 Eligible blind persons; operation of vending 
9612  stands.— 
9613         (11) Effective July 1, 1996, blind licensees who remain 
9614  members of the Florida Retirement System pursuant to s. 
9615  121.051(6)(b)1. must shall pay any unappropriated retirement 
9616  costs from their net profits or from program income. Within 30 
9617  days after the effective date of this act, each blind licensee 
9618  who is eligible to maintain membership in the Florida Retirement 
9619  System under s. 121.051(6)(b)1., but who elects to withdraw from 
9620  the system as provided in s. 121.051(6)(b)3., must, on or before 
9621  July 31, 1996, notify the Division of Blind Services and the 
9622  Department of Personnel Management Services in writing of his or 
9623  her election to withdraw. Failure to timely notify the divisions 
9624  shall be deemed a decision to remain a compulsory member of the 
9625  Florida Retirement System. However, if, at any time after July 
9626  1, 1996, sufficient funds are not paid by a blind licensee to 
9627  cover the required contribution to the Florida Retirement 
9628  System, that blind licensee is shall become ineligible to 
9629  participate in the Florida Retirement System on the last day of 
9630  the first month for which no contribution is made or the amount 
9631  contributed is insufficient to cover the required contribution. 
9632  For any blind licensee who becomes ineligible to participate in 
9633  the Florida Retirement System as described in this subsection, 
9634  no creditable service may not shall be earned under the Florida 
9635  Retirement System for any period following the month that 
9636  retirement contributions ceased to be reported. However, any 
9637  such person may participate in the Florida Retirement System in 
9638  the future if employed by a participating employer in a covered 
9639  position. 
9640         Section 326. Section 414.37, Florida Statutes, is amended 
9641  to read: 
9642         414.37 Public assistance overpayment recovery 
9643  privatization; reemployment of laid-off career service 
9644  employees.—Should career service employees of the Department of 
9645  Children and Family Services be subject to layoff after July 1, 
9646  1995, due to the privatization of public assistance overpayment 
9647  recovery functions, the privatization contract must shall 
9648  require the contracting firm to give priority consideration to 
9649  employment of such employees. In addition, a task force composed 
9650  of representatives from the Department of Children and Family 
9651  Services and the Department of Personnel Management Services 
9652  shall be established to provide reemployment assistance to such 
9653  employees. 
9654         Section 327. Subsection (5) of section 429.14, Florida 
9655  Statutes, is amended to read: 
9656         429.14 Administrative penalties.— 
9657         (5) An action taken by the agency to suspend, deny, or 
9658  revoke a facility’s license under this part or part II of 
9659  chapter 408, in which the agency claims that the facility owner 
9660  or an employee of the facility has threatened the health, 
9661  safety, or welfare of a resident of the facility must be heard 
9662  by the Division of Administrative Hearings of the Department of 
9663  Management Services within 120 days after receipt of the 
9664  facility’s request for a hearing, unless that time limitation is 
9665  waived by both parties. The administrative law judge must render 
9666  a decision within 30 days after receipt of a proposed 
9667  recommended order. 
9668         Section 328. Section 440.2715, Florida Statutes, is amended 
9669  to read: 
9670         440.2715 Access to courts through state video 
9671  teleconferencing network.—The First District Court of Appeal 
9672  shall use the state video teleconferencing network established 
9673  by the Agency for Enterprise Information Technology Department 
9674  of Management Services to facilitate access to courts for 
9675  purposes of workers’ compensation actions. 
9676         Section 329. Paragraph (a) of subsection (1) of section 
9677  440.45, Florida Statutes, is amended to read: 
9678         440.45 Office of the Judges of Compensation Claims.— 
9679         (1)(a) There is created The Office of the Judges of 
9680  Compensation Claims is created within the Division of 
9681  Administrative Hearings Department of Management Services. The 
9682  office of the Judges of Compensation Claims shall be headed by 
9683  the Deputy Chief Judge of Compensation Claims. The Deputy Chief 
9684  Judge shall report to the director of the Division of 
9685  Administrative Hearings. The Deputy Chief Judge shall be 
9686  appointed by the Governor for a term of 4 years from a list of 
9687  three names submitted by the statewide nominating commission 
9688  created under subsection (2). The Deputy Chief Judge must 
9689  demonstrate prior administrative experience and possess the same 
9690  qualifications for appointment as a judge of compensation 
9691  claims, and the procedure for reappointment of the Deputy Chief 
9692  Judge will be the same as for reappointment of a judge of 
9693  compensation claims. The office shall be a separate budget 
9694  entity and the director of the Division of Administrative 
9695  Hearings shall be its agency head for all purposes, including, 
9696  but not limited to, rulemaking pursuant to subsection (4) and 
9697  establishing agency policies and procedures. The Department of 
9698  Personnel Management Services shall provide administrative 
9699  support and service to the office to the extent requested by the 
9700  division director of the Division of Administrative Hearings but 
9701  may shall not direct, supervise, or control the Office of the 
9702  Judges of Compensation Claims in any manner, including, but not 
9703  limited to, personnel, purchasing, budgetary matters, or 
9704  property transactions. The operating budget of the Office of the 
9705  Judges of Compensation Claims shall be paid out of the Workers’ 
9706  Compensation Administration Trust Fund established in s. 440.50. 
9707         Section 330. Paragraph (b) of subsection (9) of section 
9708  445.009, Florida Statutes, is amended to read: 
9709         445.009 One-stop delivery system.— 
9710         (9) 
9711         (b) The network shall assure that a uniform method is used 
9712  to determine eligibility for and management of services provided 
9713  by agencies that conduct workforce development activities. The 
9714  Department of Financial Management Services shall develop 
9715  strategies to allow access to the databases and information 
9716  management systems of the following systems in order to link 
9717  information in those databases with the one-stop delivery 
9718  system: 
9719         1. The Unemployment Compensation Program of the Agency for 
9720  Workforce Innovation. 
9721         2. The public employment service described in s. 443.181. 
9722         3. The FLORIDA System and the components related to WAGES, 
9723  food stamps, and Medicaid eligibility. 
9724         4. The Student Financial Assistance System of the 
9725  Department of Education. 
9726         5. Enrollment in the public postsecondary education system. 
9727         6. Other information systems determined appropriate by 
9728  Workforce Florida, Inc. 
9729         Section 331. Subsections (3) and (4) of section 447.205, 
9730  Florida Statutes, are amended to read: 
9731         447.205 Public Employees Relations Commission.— 
9732         (3) The commission, in the performance of its powers and 
9733  duties under this part, is shall not be subject to control, 
9734  supervision, or direction by the Department of Personnel 
9735  Management Services. 
9736         (4) The property, personnel, and appropriations related to 
9737  the commission’s specified authority, powers, duties, and 
9738  responsibilities shall be provided to the commission by the 
9739  Department of Personnel Management Services. 
9740         Section 332. Paragraph (k) of subsection (14) of section 
9741  455.32, Florida Statutes, is amended to read: 
9742         455.32 Management Privatization Act.— 
9743         (14) The contract between the department and the 
9744  corporation must be in compliance with this section and other 
9745  applicable laws. The department shall retain responsibility for 
9746  any duties it currently exercises relating to its police powers 
9747  and any other current duty that is not provided to the 
9748  corporation by contract or this section. The contract shall 
9749  provide, at a minimum, that: 
9750         (k) The corporation, out of its allocated budget, pay to 
9751  the department all costs incurred by the corporation or the 
9752  board for the Division of Administrative Hearings of the 
9753  Department of Management Services and any other cost for using 
9754  utilization of these state services. 
9755         Section 333. Paragraph (j) of subsection (3) of section 
9756  471.038, Florida Statutes, is amended to read: 
9757         471.038 Florida Engineers Management Corporation.— 
9758         (3) The Florida Engineers Management Corporation is created 
9759  to provide administrative, investigative, and prosecutorial 
9760  services to the board in accordance with the provisions of 
9761  chapter 455 and this chapter. The management corporation may 
9762  hire staff as necessary to carry out its functions. Such staff 
9763  are not public employees for the purposes of chapter 110 or 
9764  chapter 112, except that the board of directors and the staff 
9765  are subject to the provisions of s. 112.061. The provisions of 
9766  s. 768.28 apply to the management corporation, which is deemed 
9767  to be a corporation primarily acting as an instrumentality of 
9768  the state, but which is not an agency within the meaning of s. 
9769  20.03(11). The management corporation shall: 
9770         (j) Operate under a written contract with the department 
9771  which is approved by the board. The contract must provide for, 
9772  but is not limited to: 
9773         1. Submission by the management corporation of an annual 
9774  budget that complies with board rules for approval by the board 
9775  and the department. 
9776         2. Annual certification by the board and the department 
9777  that the management corporation is complying with the terms of 
9778  the contract in a manner consistent with the goals and purposes 
9779  of the board and in the best interest of the state. This 
9780  certification must be reported in the board’s minutes. The 
9781  contract must also provide for methods and mechanisms to resolve 
9782  any situation in which the certification process determines 
9783  noncompliance. 
9784         3. Funding of the management corporation through 
9785  appropriations allocated to the regulation of professional 
9786  engineers from the Professional Regulation Trust Fund. 
9787         4. The reversion to the board, or the state if the board 
9788  ceases to exist, of moneys, records, data, and property held in 
9789  trust by the management corporation for the benefit of the 
9790  board, if the management corporation is no longer approved to 
9791  operate for the board or the board ceases to exist. All records 
9792  and data in a computerized database shall be returned to the 
9793  department in a form that is compatible with the computerized 
9794  database of the department. 
9795         5. The securing and maintaining by the management 
9796  corporation, during the term of the contract and for all acts 
9797  performed during the term of the contract, of all liability 
9798  insurance coverages in an amount to be approved by the board to 
9799  defend, indemnify, and hold harmless the management corporation 
9800  and its officers and employees, the department and its 
9801  employees, and the state against all claims arising from state 
9802  and federal laws. Such insurance coverage must be with insurers 
9803  qualified and doing business in the state. The management 
9804  corporation must provide proof of insurance to the department. 
9805  The department and its employees and the state are exempt from 
9806  and are not liable for any sum of money which represents a 
9807  deductible, which sums are shall be the sole responsibility of 
9808  the management corporation. Violation of this subparagraph is 
9809  shall be grounds for terminating the contract. 
9810         6. Payment by the management corporation, out of its 
9811  allocated budget, to the department of all costs of 
9812  representation by the board counsel, including salary and 
9813  benefits, travel, and any other compensation traditionally paid 
9814  by the department to other board counsel. 
9815         7. Payment by the management corporation, out of its 
9816  allocated budget, to the department of all costs incurred by the 
9817  management corporation or the board for the Division of 
9818  Administrative Hearings of the Department of Management Services 
9819  and any other cost for using utilization of these state 
9820  services. 
9821         8. Payment by the management corporation, out of its 
9822  allocated budget, to the department of reasonable costs 
9823  associated with the contract monitor. 
9824         Section 334. Section 489.145, Florida Statutes, is amended 
9825  to read: 
9826         489.145 Guaranteed energy, water, and wastewater 
9827  performance savings contracting.— 
9828         (1) SHORT TITLE.—This section may be cited as the 
9829  “Guaranteed Energy, Water, and Wastewater Performance Savings 
9830  Contracting Act.” 
9831         (2) LEGISLATIVE FINDINGS.—The Legislature finds that 
9832  investment in energy, water, and wastewater efficiency and 
9833  conservation measures in agency facilities can reduce the amount 
9834  of energy and water consumed and wastewater produced and produce 
9835  immediate and long-term savings. It is the policy of this state 
9836  to encourage each agency to invest in energy, water, and 
9837  wastewater efficiency and conservation measures to minimize 
9838  energy and water consumption and wastewater production and 
9839  maximize energy, water, and wastewater savings. It is further 
9840  the policy of this state to encourage agencies to reinvest any 
9841  resulting savings resulting from energy, water, and wastewater 
9842  efficiency and conservation measures in additional energy, 
9843  water, and wastewater efficiency and conservation measures. 
9844         (3) DEFINITIONS.—As used in this section, the term: 
9845         (a) “Agency” means the state, a municipality, or a 
9846  political subdivision. 
9847         (b) “Energy, water, and wastewater efficiency and 
9848  conservation measure” means a training program incidental to the 
9849  contract, facility alteration, or equipment purchase to be used 
9850  in new construction, including an addition to existing 
9851  facilities or infrastructure, which reduces energy or water 
9852  consumption, wastewater production, or energy-related operating 
9853  costs and includes, but is not limited to: 
9854         1. Insulation of the facility structure and systems within 
9855  the facility. 
9856         2. Storm windows and doors, caulking or weatherstripping, 
9857  multiglazed windows and doors, heat-absorbing, or heat 
9858  reflective, glazed and coated window and door systems, 
9859  additional glazing, reductions in glass area, and other window 
9860  and door system modifications that reduce energy consumption. 
9861         3. Automatic energy control systems. 
9862         4. Heating, ventilating, or air-conditioning system 
9863  modifications or replacements. 
9864         5. Replacement or modifications of lighting fixtures to 
9865  increase the energy efficiency of the lighting system, which, at 
9866  a minimum, must conform to the applicable state or local 
9867  building code. 
9868         6. Energy recovery systems. 
9869         7. Cogeneration systems that produce steam or forms of 
9870  energy such as heat, as well as electricity, for use primarily 
9871  within a facility or complex of facilities. 
9872         8. Energy conservation measures that reduce British thermal 
9873  units (Btu), kilowatts (kW), or kilowatt hours (kWh) consumed or 
9874  provide long-term operating cost reductions. 
9875         9. Renewable energy systems, such as solar, biomass, or 
9876  wind systems. 
9877         10. Devices that reduce water consumption or sewer charges. 
9878         11. Energy storage systems, such as fuel cells and thermal 
9879  storage. 
9880         12. Energy-generating technologies, such as microturbines. 
9881         13. Any other repair, replacement, or upgrade of existing 
9882  equipment. 
9883         (c) “Energy, water, or wastewater cost savings” means a 
9884  measured reduction in the cost of fuel, energy or water 
9885  consumption, wastewater production, and stipulated operation and 
9886  maintenance created from the implementation of one or more 
9887  energy, water, or wastewater efficiency or conservation measures 
9888  when compared with an established baseline for the previous cost 
9889  of fuel, energy or water consumption, wastewater production, and 
9890  stipulated operation and maintenance. 
9891         (d) “Guaranteed energy, water, and wastewater performance 
9892  savings contract” means a contract for the evaluation, 
9893  recommendation, and implementation of energy, water, or 
9894  wastewater efficiency or conservation measures, which, at a 
9895  minimum, shall include: 
9896         1. The design and installation of equipment to implement 
9897  one or more of such measures and, if applicable, operation and 
9898  maintenance of such measures. 
9899         2. The amount of any actual annual savings that meet or 
9900  exceed total annual contract payments made by the agency for the 
9901  contract and may include allowable cost avoidance if determined 
9902  appropriate by the Chief Financial Officer. 
9903         3. The finance charges incurred by the agency over the life 
9904  of the contract. 
9905         (e) “Guaranteed energy, water, and wastewater performance 
9906  savings contractor” means a person or business that is licensed 
9907  under chapter 471, chapter 481, or this chapter and is 
9908  experienced in the analysis, design, implementation, or 
9909  installation of energy, water, and wastewater efficiency and 
9910  conservation measures through energy performance contracts. 
9911         (f) “Investment grade energy audit” means a detailed 
9912  energy, water, and wastewater audit, along with an accompanying 
9913  analysis of proposed energy, water, and wastewater conservation 
9914  measures, and their costs, savings, and benefits before prior to 
9915  entry into an energy savings contract. 
9916         (4) PROCEDURES.— 
9917         (a) An agency may enter into a guaranteed energy, water, 
9918  and wastewater performance savings contract with a guaranteed 
9919  energy, water, and wastewater performance savings contractor to 
9920  reduce energy or water consumption, wastewater production, or 
9921  energy-related operating costs of an agency facility through one 
9922  or more energy, water, or wastewater efficiency or conservation 
9923  measures. 
9924         (b) Before design and installation of energy, water, or 
9925  wastewater efficiency and conservation measures, the agency must 
9926  obtain from a guaranteed energy, water, and wastewater 
9927  performance savings contractor a report that summarizes the 
9928  costs associated such with the energy, water, or wastewater 
9929  efficiency and conservation measures or energy-related 
9930  operational cost-saving measures and provides an estimate of the 
9931  amount of the cost savings. The agency and the guaranteed 
9932  energy, water, and wastewater performance savings contractor may 
9933  enter into a separate agreement to pay for costs associated with 
9934  the preparation and delivery of the report; however, payment to 
9935  the contractor is shall be contingent upon the report’s 
9936  projection of energy, water, and wastewater cost savings being 
9937  equal to or greater than the total projected costs of the design 
9938  and installation of the report’s energy conservation measures. 
9939         (c) The agency may enter into a guaranteed energy, water, 
9940  and wastewater performance savings contract with a guaranteed 
9941  energy, water, and wastewater performance savings contractor if 
9942  the agency finds that the amount the agency would spend on such 
9943  the energy, water, and wastewater efficiency and conservation 
9944  measures will not likely exceed the amount of the cost savings 
9945  for up to 20 years from the date of installation, based on the 
9946  life cycle cost calculations provided in s. 255.255, if the 
9947  recommendations in the report were followed and if the qualified 
9948  provider or providers give a written guarantee that the cost 
9949  savings will meet or exceed the costs of the system. However, 
9950  actual computed cost savings must meet or exceed the estimated 
9951  cost savings provided in each agency’s program approval. 
9952  Baseline adjustments used in calculations must be specified in 
9953  the contract. The contract may provide for installment payments 
9954  for up to a period not to exceed 20 years. 
9955         (d) A guaranteed energy, water, and wastewater performance 
9956  savings contractor must be selected in compliance with s. 
9957  287.055; except that if fewer than three firms are qualified to 
9958  perform the required services, the requirement for agency 
9959  selection of three firms, as provided in s. 287.055(4)(b), and 
9960  the bid requirements of s. 287.057 do not apply. 
9961         (e) Before entering into a guaranteed energy, water, and 
9962  wastewater performance savings contract, an agency must provide 
9963  published notice of the meeting in which it proposes to award 
9964  the contract, the names of the parties to the proposed contract, 
9965  and the contract’s purpose. 
9966         (f) A guaranteed energy, water, and wastewater performance 
9967  savings contract may provide for financing, including tax-exempt 
9968  financing, by a third party. The contract for third-party 
9969  financing may be separate from the energy, water, and wastewater 
9970  performance contract. A separate contract for third-party 
9971  financing under this paragraph must include a provision that the 
9972  third-party financier may must not be granted rights or 
9973  privileges that exceed the rights and privileges available to 
9974  the guaranteed energy, water, and wastewater performance savings 
9975  contractor. 
9976         (g) Financing for guaranteed energy, water, and wastewater 
9977  performance savings contracts may be provided under the 
9978  authority of s. 287.064. 
9979         (h) The Office of the Chief Financial Officer shall review 
9980  proposals from state agencies to ensure that the most effective 
9981  financing is being used. 
9982         (i) Annually, the agency that has entered into the contract 
9983  shall provide the Department of Management Services and the 
9984  Chief Financial Officer the measurement and verification report 
9985  required by the contract to the Chief Financial Officer to 
9986  validate that savings have occurred. 
9987         (j) In determining the amount the agency will finance to 
9988  acquire the energy, water, and wastewater efficiency and 
9989  conservation measures, the agency may reduce such amount by the 
9990  application of any grant moneys, rebates, or capital funding 
9991  available to the agency for the purpose of buying down the cost 
9992  of the guaranteed energy, water, and wastewater performance 
9993  savings contract. However, in calculating the life cycle cost as 
9994  required in paragraph (c), the agency may shall not apply any 
9995  grants, rebates, or capital funding. 
9996         (5) CONTRACT PROVISIONS.— 
9997         (a) A guaranteed energy, water, and wastewater performance 
9998  savings contract must include a written guarantee that may 
9999  include, but is not limited to the form of, a letter of credit, 
10000  insurance policy, or corporate guarantee by the guaranteed 
10001  energy, water, and wastewater performance savings contractor 
10002  that annual cost savings will meet or exceed the amortized cost 
10003  of energy, water, and wastewater efficiency and conservation 
10004  measures. 
10005         (b) The guaranteed energy, water, and wastewater 
10006  performance savings contract must provide that all payments, 
10007  except obligations on termination of the contract before its 
10008  expiration, may be made over time, but not to exceed 20 years 
10009  from the date of complete installation and acceptance by the 
10010  agency, and that the annual savings are guaranteed to the extent 
10011  necessary to make annual payments to satisfy the guaranteed 
10012  energy, water, and wastewater performance savings contract. 
10013         (c) The guaranteed energy, water, and wastewater 
10014  performance savings contract must require that the guaranteed 
10015  energy, water, and wastewater performance savings contractor to 
10016  whom the contract is awarded provide a 100-percent public 
10017  construction bond to the agency for its faithful performance, as 
10018  required by s. 255.05. 
10019         (d) The guaranteed energy, water, and wastewater 
10020  performance savings contract may contain a provision allocating 
10021  to the parties to the contract any annual cost savings that 
10022  exceed the amount of the cost savings guaranteed in the 
10023  contract. 
10024         (e) The guaranteed energy, water, and wastewater 
10025  performance savings contract must shall require the guaranteed 
10026  energy, water, and wastewater performance savings contractor to 
10027  provide to the agency an annual reconciliation of the guaranteed 
10028  energy or associated cost savings. If the reconciliation reveals 
10029  a shortfall in annual energy or associated cost savings, the 
10030  guaranteed energy, water, and wastewater performance savings 
10031  contractor is liable for such shortfall. If the reconciliation 
10032  reveals an excess in annual cost savings, the excess savings may 
10033  be allocated under paragraph (d) but may not be used to cover 
10034  potential energy or associated cost savings shortages in 
10035  subsequent contract years. 
10036         (f) The guaranteed energy, water, and wastewater 
10037  performance savings contract must provide for payments of not 
10038  less than one-twentieth of the price to be paid within 2 years 
10039  from the date of the complete installation and acceptance by the 
10040  agency using straight-line amortization for the term of the 
10041  loan, and the remaining costs to be paid at least quarterly, not 
10042  to exceed a 20-year term, based on life cycle cost calculations. 
10043         (g) The guaranteed energy, water, and wastewater 
10044  performance savings contract may extend beyond the fiscal year 
10045  in which it becomes effective; however, the term of any contract 
10046  expires at the end of each fiscal year and may be automatically 
10047  renewed annually for up to 20 years, subject to the agency 
10048  making sufficient annual appropriations based upon continued 
10049  realized energy, water, and wastewater savings. 
10050         (h) The guaranteed energy, water, and wastewater 
10051  performance savings contract must stipulate that it does not 
10052  constitute a debt, liability, or obligation of the state. 
10053         (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The 
10054  Department of Financial Management Services, with the assistance 
10055  of the Office of the Chief Financial Officer, shall, within 
10056  available resources, provide technical content assistance to 
10057  state agencies contracting for energy, water, and wastewater 
10058  efficiency and conservation measures and engage in other 
10059  activities considered appropriate by the department for 
10060  promoting and facilitating guaranteed energy, water, and 
10061  wastewater performance contracting by state agencies. The 
10062  Department of Financial Management Services shall review the 
10063  investment-grade audit for each proposed project and certify 
10064  that the cost savings are appropriate and sufficient for the 
10065  term of the contract. The Office of the Chief Financial Officer, 
10066  with the assistance of the Department of Financial Management 
10067  Services, shall, within available resources, develop model 
10068  contractual and related documents for use by state agencies. 
10069  Before Prior to entering into a guaranteed energy, water, and 
10070  wastewater performance savings contract, any contract or lease 
10071  for third-party financing, or any combination of such contracts, 
10072  a state agency shall submit such proposed contract or lease to 
10073  the Department of Financial Services Office of the Chief 
10074  Financial Officer for review and approval. A proposed contract 
10075  or lease must shall include: 
10076         (a) Supporting information required by s. 216.023(4)(a)9. 
10077  in ss. 287.063(5) and 287.064(11). For contracts approved under 
10078  this section, the criteria may, at a minimum, include the 
10079  specification of a benchmark cost of capital and minimum real 
10080  rate of return on energy, water, or wastewater savings against 
10081  which proposals must shall be evaluated. 
10082         (b) Documentation supporting recurring funds requirements 
10083  in ss. 287.063(5) and 287.064(11). 
10084         (c) Approval by the head of the agency or a his or her 
10085  designee. 
10086         (d) An agency measurement and verification plan to monitor 
10087  cost savings. 
10088         (7) FUNDING SUPPORT.—For purposes of consolidated financing 
10089  of deferred payment commodity contracts under this section by an 
10090  agency, any such contract must be supported from available funds 
10091  appropriated to the agency in an appropriation category, as 
10092  defined in chapter 216, that the Chief Financial Officer has 
10093  determined is appropriate or that the Legislature has designated 
10094  for payment of the obligation incurred under this section. 
10095 
10096  The Office of the Chief Financial Officer may shall not approve 
10097  any contract submitted under this section from a state agency 
10098  that does not meet the requirements of this section. 
10099         Section 335. Subsection (4) of section 553.995, Florida 
10100  Statutes, is amended to read: 
10101         553.995 Energy-efficiency ratings for buildings.— 
10102         (4) The Department of Community Affairs shall develop a 
10103  training and certification program to certify raters. In 
10104  addition to the department, ratings may be conducted by any 
10105  local government or private entity if, provided that the 
10106  appropriate persons have completed the necessary training and 
10107  have been certified by the department. The Department of 
10108  Environmental Protection Management Services shall rate state 
10109  owned or state-leased buildings if, provided that the 
10110  appropriate persons have completed the necessary training and 
10111  have been certified by the Department of Community Affairs. A 
10112  state agency that which has building construction regulation 
10113  authority may rate its own buildings and those it is responsible 
10114  for, if the appropriate persons have completed the necessary 
10115  training and have been certified by the Department of Community 
10116  Affairs. The department of Community Affairs may charge a fee 
10117  not to exceed the costs for the training and certification of 
10118  raters. The department shall by rule set the appropriate charges 
10119  for raters to charge for energy ratings, not to exceed the 
10120  actual costs. 
10121         Section 336. Subsection (41) of section 570.07, Florida 
10122  Statutes, is amended to read: 
10123         570.07 Department of Agriculture and Consumer Services; 
10124  functions, powers, and duties.—The department shall have and 
10125  exercise the following functions, powers, and duties: 
10126         (41) Notwithstanding the provisions of s. 287.057(23) that 
10127  require all agencies to use the online procurement system 
10128  developed by the Department of Financial Management Services, 
10129  the department may continue to use its own online system. 
10130  However, vendors using utilizing such system must shall be 
10131  prequalified as meeting mandatory requirements and 
10132  qualifications and shall remit fees pursuant to s. 287.057(23), 
10133  and any rules implementing s. 287.057. 
10134         Section 337. Subsection (2) of section 627.096, Florida 
10135  Statutes, is amended to read: 
10136         627.096 Workers’ Compensation Rating Bureau.— 
10137         (2) The acquisition by the Department of Financial 
10138  Management Services of data processing software, hardware, and 
10139  services necessary to carry out the provisions of this part act 
10140  for the department or office are shall be exempt from the 
10141  provisions of part I of chapter 287. 
10142         Section 338. Paragraph (c) of subsection (4) of section 
10143  633.382, Florida Statutes, is amended to read: 
10144         633.382 Firefighters; supplemental compensation.— 
10145         (4) FUNDING.— 
10146         (c) There is appropriated from the Police and Firefighter’s 
10147  Premium Tax Trust Fund to the Firefighters’ Supplemental 
10148  Compensation Trust Fund, which is hereby created under the 
10149  Department of Revenue, all moneys that which have not been 
10150  distributed to municipalities and special fire control districts 
10151  in accordance with s. 175.121 due to as a result of the 
10152  limitation contained in s. 175.122 on the disbursement of 
10153  revenues collected pursuant to chapter 175 or as a result of any 
10154  municipality or special fire control district not having 
10155  qualified in any given year, or portion thereof, for 
10156  participation in the distribution of the revenues collected 
10157  pursuant to chapter 175. The total required annual distribution 
10158  from the Firefighters’ Supplemental Compensation Trust Fund must 
10159  shall equal the amount necessary to pay supplemental 
10160  compensation as provided in this section if, provided that: 
10161         1. Any deficit in the total required annual distribution is 
10162  shall be made up from accrued surplus funds existing in the 
10163  Firefighters’ Supplemental Compensation Trust Fund on June 30, 
10164  1990, for as long as such funds last. If the accrued surplus is 
10165  insufficient to cure the deficit in any given year, the 
10166  proration of the appropriation among the counties, 
10167  municipalities, and special fire service taxing districts must 
10168  shall equal the ratio of compensation paid in the prior year to 
10169  county, municipal, and special fire service taxing district 
10170  firefighters pursuant to this section. This ratio shall be 
10171  provided annually to the Department of Revenue by the Division 
10172  of State Fire Marshal. Surplus funds that have accrued or accrue 
10173  on or after July 1, 1990, shall be redistributed to 
10174  municipalities and special fire control districts as provided in 
10175  subparagraph 2. 
10176         2. By October 1 of each year, any funds that have accrued 
10177  or accrue on or after July 1, 1990, and remain in the 
10178  Firefighters’ Supplemental Compensation Trust Fund following the 
10179  required annual distribution shall be redistributed by the 
10180  Department of Revenue pro rata to those municipalities and 
10181  special fire control districts identified by the Department of 
10182  Personnel Management Services as being eligible for additional 
10183  funds pursuant to s. 175.121(3)(b). 
10184         Section 339. Subsection (4) of section 650.02, Florida 
10185  Statutes, is amended to read: 
10186         650.02 Definitions.—For the purpose of this chapter: 
10187         (4) The term “state agency” means the Department of 
10188  Personnel Management Services. 
10189         Section 340. Section 760.04, Florida Statutes, is amended 
10190  to read: 
10191         760.04 Commission on Human Relations, Assigned to Executive 
10192  Office of the Governor Department of Management Services.—The 
10193  commission created by s. 760.03 is assigned to the Executive 
10194  Office of the Governor Department of Management Services. The 
10195  commission, in the performance of its duties pursuant to the 
10196  Florida Civil Rights Act of 1992, is shall not be subject to 
10197  control, supervision, or direction by the office Department of 
10198  Management Services. 
10199         Section 341. Subsection (5) of section 766.302, Florida 
10200  Statutes, is amended to read: 
10201         766.302 Definitions; ss. 766.301-766.316.—As used in ss. 
10202  766.301-766.316, the term: 
10203         (5) “Division” means the Division of Administrative 
10204  Hearings of the Department of Management Services. 
10205         Section 342. Section 768.1326, Florida Statutes, is amended 
10206  to read: 
10207         768.1326 Placement of automated external defibrillators in 
10208  state buildings; rulemaking authority.—No later than January 1, 
10209  2003, The State Surgeon General shall adopt rules to establish 
10210  guidelines on the appropriate placement of automated external 
10211  defibrillator devices in buildings or portions of buildings 
10212  owned or leased by the state, and shall establish, by rule, 
10213  recommendations on procedures for the deployment of automated 
10214  external defibrillator devices in such buildings in accordance 
10215  with the guidelines. The Secretary of Environmental Protection 
10216  Management Services shall assist the State Surgeon General in 
10217  the development of the guidelines. The guidelines for the 
10218  placement of the automated external defibrillators must shall 
10219  take into account the typical number of employees and visitors 
10220  in the buildings, the extent of the need for security measures 
10221  regarding the buildings, special circumstances in buildings or 
10222  portions of buildings such as high electrical voltages or 
10223  extreme heat or cold, and such other factors as the State 
10224  Surgeon General and secretary of Management Services determine 
10225  to be appropriate. 
10226         (1) The State Surgeon General’s recommendations for 
10227  deployment of automated external defibrillators in buildings or 
10228  portions of buildings owned or leased by the state must shall 
10229  include: 
10230         (a)(1) A reference list of appropriate training courses in 
10231  the use of such devices, including the role of cardiopulmonary 
10232  resuscitation; 
10233         (b)(2) The extent to which such devices may be used by 
10234  laypersons; 
10235         (c)(3) Manufacturer recommended maintenance and testing of 
10236  the devices; and 
10237         (d)(4) Coordination with local emergency medical services 
10238  systems regarding the incidents of use of the devices. 
10239         (2) In formulating these guidelines and recommendations, 
10240  the State Surgeon General may consult with all appropriate 
10241  public and private entities, including national and local public 
10242  health organizations that seek to improve the survival rates of 
10243  individuals who experience cardiac arrest. 
10244         Section 343. Subsection (11) of section 943.03, Florida 
10245  Statutes, is amended to read: 
10246         943.03 Department of Law Enforcement.— 
10247         (11) The department shall establish headquarters in 
10248  Tallahassee. The Department of Environmental Protection 
10249  Management Services shall furnish the department with proper and 
10250  adequate housing for its operation. 
10251         Section 344. Subsection (7) of section 943.0311, Florida 
10252  Statutes, is amended to read: 
10253         943.0311 Chief of Domestic Security; duties of the 
10254  department with respect to domestic security.— 
10255         (7) As used in this section, the term “state agency” 
10256  includes the Agency for Health Care Administration, the Agency 
10257  for Workforce Innovation, the Department of Agriculture and 
10258  Consumer Services, the Department of Business and Professional 
10259  Regulation, the Department of Children and Family Services, the 
10260  Department of Citrus, the Department of Community Affairs, the 
10261  Department of Corrections, the Department of Education, the 
10262  Department of Elderly Affairs, the Department of Environmental 
10263  Protection, the Department of Financial Services, the Department 
10264  of Health, the Department of Highway Safety and Motor Vehicles, 
10265  the Department of Juvenile Justice, the Department of Law 
10266  Enforcement, the Department of Legal Affairs, the Department of 
10267  Personnel Management Services, the Department of Military 
10268  Affairs, the Department of Revenue, the Department of State, the 
10269  Department of the Lottery, the Department of Transportation, the 
10270  Department of Veterans’ Affairs, the Fish and Wildlife 
10271  Conservation Commission, the Parole Commission, the State Board 
10272  of Administration, and the Executive Office of the Governor. 
10273         Section 345. Section 943.13, Florida Statutes, is amended 
10274  to read: 
10275         943.13 Officers’ minimum qualifications for employment or 
10276  appointment.—On or after October 1, 1984, any person employed or 
10277  appointed as a full-time, part-time, or auxiliary law 
10278  enforcement officer or correctional officer; on or after October 
10279  1, 1986, any person employed as a full-time, part-time, or 
10280  auxiliary correctional probation officer; and on or after 
10281  October 1, 1986, any person employed as a full-time, part-time, 
10282  or auxiliary correctional officer by a private entity under 
10283  contract to the Department of Corrections, to a county 
10284  commission, or to the Department of Personnel Management must 
10285  Services shall: 
10286         (1) Be at least 19 years of age. 
10287         (2) Be a citizen of the United States, notwithstanding any 
10288  law of the state to the contrary. 
10289         (3) Be a high school graduate or its “equivalent” as the 
10290  commission has defined the term by rule. 
10291         (4) Not have been convicted of any felony or of a 
10292  misdemeanor involving perjury or a false statement, or have 
10293  received a dishonorable discharge from any of the Armed Forces 
10294  of the United States. Any person who, after July 1, 1981, pleads 
10295  guilty or nolo contendere to or is found guilty of any felony or 
10296  of a misdemeanor involving perjury or a false statement is not 
10297  eligible for employment or appointment as an officer, 
10298  notwithstanding suspension of sentence or withholding of 
10299  adjudication. Notwithstanding this subsection, any person who 
10300  has pled nolo contendere to a misdemeanor involving a false 
10301  statement, before prior to December 1, 1985, and has had such 
10302  record sealed or expunged may shall not be deemed ineligible for 
10303  employment or appointment as an officer. 
10304         (5) Have documentation of his or her processed fingerprints 
10305  on file with the employing agency or, if a private correctional 
10306  officer, have documentation of his or her processed fingerprints 
10307  on file with the Department of Corrections or the Criminal 
10308  Justice Standards and Training Commission. If administrative 
10309  delays are caused by the department or the Federal Bureau of 
10310  Investigation and the person has complied with subsections (1) 
10311  (4) and (6)-(9), he or she may be employed or appointed for up 
10312  to a period not to exceed 1 calendar year from the date he or 
10313  she was employed or appointed or until return of the processed 
10314  fingerprints documenting noncompliance with subsections (1)-(4) 
10315  or subsection (7), whichever occurs first. Beginning January 15, 
10316  2007, The department shall retain and enter into the statewide 
10317  automated fingerprint identification system authorized by s. 
10318  943.05 all fingerprints submitted to the department as required 
10319  by this section. Thereafter, the fingerprints shall be available 
10320  for all purposes and uses authorized for arrest fingerprint 
10321  cards entered in the statewide automated fingerprint 
10322  identification system pursuant to s. 943.051. The department 
10323  shall search all arrest fingerprint cards received pursuant to 
10324  s. 943.051 against the fingerprints retained in the statewide 
10325  automated fingerprint identification system pursuant to this 
10326  section and report to the employing agency any arrest records 
10327  that are identified with the retained employee’s fingerprints. 
10328  By January 1, 2008, a person who must meet minimum 
10329  qualifications as provided in this section and whose 
10330  fingerprints are not retained by the department pursuant to this 
10331  section must be refingerprinted. These fingerprints must be 
10332  forwarded to the department for processing and retention. 
10333         (6) Have passed a physical examination by a licensed 
10334  physician, physician assistant, or certified advanced registered 
10335  nurse practitioner, based on specifications established by the 
10336  commission. In order to be eligible for the presumption set 
10337  forth in s. 112.18 while employed with an employing agency, a 
10338  law enforcement officer, correctional officer, or correctional 
10339  probation officer must have successfully passed the physical 
10340  examination required by this subsection upon entering into 
10341  service as a law enforcement officer, correctional officer, or 
10342  correctional probation officer with the employing agency, which 
10343  examination must have failed to reveal any evidence of 
10344  tuberculosis, heart disease, or hypertension. A law enforcement 
10345  officer, correctional officer, or correctional probation officer 
10346  may not use a physical examination from a former employing 
10347  agency for purposes of claiming the presumption set forth in s. 
10348  112.18 against the current employing agency. 
10349         (7) Have a good moral character as determined by a 
10350  background investigation under procedures established by the 
10351  commission. 
10352         (8) Execute and submit to the employing agency or, if a 
10353  private correctional officer, submit to the appropriate 
10354  governmental entity an affidavit-of-applicant form, adopted by 
10355  the commission, attesting to his or her compliance with 
10356  subsections (1)-(7). The affidavit must shall be executed under 
10357  oath and constitutes an official statement within the purview of 
10358  s. 837.06. The affidavit must shall include conspicuous language 
10359  that the intentional false execution of the affidavit 
10360  constitutes a misdemeanor of the second degree. The affidavit 
10361  shall be retained by the employing agency. 
10362         (9) Complete a commission-approved basic recruit training 
10363  program for the applicable criminal justice discipline, unless 
10364  exempt under this subsection. An applicant who has: 
10365         (a) Completed a comparable basic recruit training program 
10366  for the applicable criminal justice discipline in another state 
10367  or for the Federal Government; and 
10368         (b) Served as a full-time sworn officer in another state or 
10369  for the Federal Government for at least 1 year and provided 
10370  there is no more than an 8-year break in employment, as measured 
10371  from the separation date of the most recent qualifying 
10372  employment to the time a complete application is submitted for 
10373  an exemption under this section, 
10374 
10375  is exempt in accordance with s. 943.131(2) from completing the 
10376  commission-approved basic recruit training program. 
10377         (10) Achieve an acceptable score on the officer 
10378  certification examination for the applicable criminal justice 
10379  discipline. 
10380         (11) Comply with the continuing training or education 
10381  requirements of s. 943.135. 
10382         Section 346. Paragraph (i) of subsection (4) of section 
10383  943.61, Florida Statutes, is amended to read: 
10384         943.61 Powers and duties of the Capitol Police.— 
10385         (4) The Capitol Police shall have the following 
10386  responsibilities, powers, and duties: 
10387         (i) To enforce rules of the Department of Environmental 
10388  Protection Management Services governing the regulation of 
10389  traffic and parking within the Capitol Complex and to impound 
10390  illegally or wrongfully parked vehicles. 
10391         Section 347. Section 943.66, Florida Statutes, is amended 
10392  to read: 
10393         943.66 Rules; Facilities Program, Capitol Police; traffic 
10394  regulation.—The Capitol Police may enforce rules of the 
10395  Department of Environmental Protection Management Services 
10396  governing the administration, operation, and management of the 
10397  Facilities Program and regulating traffic and parking at state 
10398  owned buildings or on state-owned property and any local 
10399  ordinance on the violation of such if such rules are not in 
10400  conflict with any state law or county or municipal ordinance, 
10401  and are not inconsistent with the other requirements of ss. 
10402  943.61-943.68 or any security plan developed and approved 
10403  thereunder. 
10404         Section 348. Section 943.681, Florida Statutes, is amended 
10405  to read: 
10406         943.681 Capitol Police program; funding.—Funds shall be 
10407  transferred quarterly, beginning July 1, 2002, by the Department 
10408  of Environmental Protection Management Services, from the 
10409  Supervision Trust Fund, to the Florida Department of Law 
10410  Enforcement for the purpose of funding the Capitol Police 
10411  program. Funds are provided from the office space rental 
10412  receipts assessed to tenant agencies in the Florida Facilities 
10413  Pool, based on the rental assessment mandated in s. 255.51. 
10414  Transfers shall be based on the existing rental rate on July 1, 
10415  2002, unless otherwise appropriated by the Legislature. This 
10416  section does not Additionally, nothing herein shall limit the 
10417  Capitol Police from providing for the safety and security needs 
10418  of the archaeological, archival, and historic treasures and 
10419  artifacts housed in the Historic Capitol or the R.A. Gray 
10420  Building, as the official capitol repositories, from funds 
10421  provided by the Department of State. 
10422         Section 349. Subsection (4) of section 944.02, Florida 
10423  Statutes, is amended to read: 
10424         944.02 Definitions.—The following words and phrases used in 
10425  this chapter shall, unless the context clearly indicates 
10426  otherwise, have the following meanings: 
10427         (4) “Elderly offender” means a prisoner age 50 or older in 
10428  a state correctional institution or facility operated by the 
10429  Department of Corrections or the Department of Financial 
10430  Management Services. 
10431         Section 350. Paragraph (a) of subsection (3) of section 
10432  944.10, Florida Statutes, is amended to read: 
10433         944.10 Department of Corrections to provide buildings; sale 
10434  and purchase of land; contracts to provide services and inmate 
10435  labor.— 
10436         (3)(a) The department may enter into lease-purchase 
10437  agreements to provide correctional facilities for the housing of 
10438  state inmates. However, a no such lease-purchase agreement may 
10439  not shall be entered into without specific legislative 
10440  authorization of that agreement, and funds must be specifically 
10441  appropriated for each lease-purchase agreement. The facilities 
10442  provided through such agreements must shall meet the program 
10443  plans and specifications of the department. The department may 
10444  enter into such lease agreements with private corporations and 
10445  other governmental entities. However, notwithstanding the 
10446  provisions of s. 255.25(3)(a), the department may not enter into 
10447  such lease agreement except upon advertisement for and receipt 
10448  of competitive bids and award to the lowest and best bidder, 
10449  unless the lease-purchase agreement is entered into with the 
10450  Department of Environmental Protection Management Services, the 
10451  Florida Correctional Finance Corporation, or the successors or 
10452  assignees of either. 
10453         Section 351. Paragraph (b) of subsection (2) of section 
10454  944.115, Florida Statutes, is amended to read: 
10455         944.115 Smoking prohibited inside state correctional 
10456  facilities.— 
10457         (2) As used in this section, the term: 
10458         (b) “Employee” means an employee of the department or a 
10459  private vendor in a contractual relationship with either the 
10460  Department of Corrections or the Department of Financial 
10461  Management Services, and includes persons such as contractors, 
10462  volunteers, or law enforcement officers who are within a state 
10463  correctional facility to perform a professional service. 
10464         Section 352. Subsection (1) of section 944.713, Florida 
10465  Statutes, is amended to read: 
10466         944.713 Insurance against liability.— 
10467         (1) A bidder must provide an adequate plan of insurance 
10468  against liability, including liability for violations of an 
10469  inmate’s civil rights by an insurance agency licensed in this 
10470  state, pursuant to chapter 287. The insurance plan must shall, 
10471  at a minimum, protect the department from actions of a third 
10472  party, assure the private vendor’s ability to fulfill the 
10473  conditions of the contract, and provide adequate protection for 
10474  the department against claims arising as a result of any 
10475  occurrence during the term of the contract on an occurrence 
10476  basis. The adequacy of the insurance plan shall be determined, 
10477  at the bidder’s expense, by an independent risk management or 
10478  actuarial firm selected by the Department of Financial 
10479  Management Services. The risk management or actuarial firm 
10480  selected must have demonstrated experience in assessing public 
10481  liability of state government. 
10482         Section 353. Subsection (1) of section 944.72, Florida 
10483  Statutes, is amended to read: 
10484         944.72 Privately Operated Institutions Inmate Welfare Trust 
10485  Fund.— 
10486         (1) There is hereby created in the Department of 
10487  Corrections The Privately Operated Institutions Inmate Welfare 
10488  Trust Fund is created in the department. The purpose of the 
10489  trust fund shall be the benefit and welfare of inmates 
10490  incarcerated in private correctional facilities under contract 
10491  with the department pursuant to this chapter or the Department 
10492  of Financial Management Services pursuant to chapter 957. Moneys 
10493  shall be deposited in the trust fund and expenditures made from 
10494  the trust fund as provided in s. 945.215. 
10495         Section 354. Section 944.8041, Florida Statutes, is amended 
10496  to read: 
10497         944.8041 Elderly offenders; annual review.—For the purpose 
10498  of providing information to the Legislature on elderly offenders 
10499  within the correctional system, the department and the 
10500  Correctional Medical Authority shall each submit annually a 
10501  report on the status and treatment of elderly offenders in the 
10502  state-administered and private state correctional systems, as 
10503  well as such information on the River Junction Correctional 
10504  Institution. In order to adequately prepare the reports, the 
10505  department and the Department of Financial Management Services 
10506  shall grant access to the Correctional Medical Authority which 
10507  includes access to the facilities, offenders, and any 
10508  information the agencies require to complete their reports. The 
10509  review must shall also include an examination of promising 
10510  geriatric policies, practices, and programs currently 
10511  implemented in other correctional systems within the United 
10512  States. The reports, with specific findings and recommendations 
10513  for implementation, shall be submitted to the President of the 
10514  Senate and the Speaker of the House of Representatives on or 
10515  before December 31 of each year. 
10516         Section 355. Paragraphs (a) and (c) of subsection (2) of 
10517  section 945.215, Florida Statutes, are amended to read: 
10518         945.215 Inmate welfare and employee benefit trust funds.— 
10519         (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 
10520  FUND; PRIVATE CORRECTIONAL FACILITIES.— 
10521         (a) For purposes of this subsection, privately operated 
10522  institutions or private correctional facilities are those 
10523  correctional facilities under contract with the department 
10524  pursuant to chapter 944 or the Department of Financial 
10525  Management Services pursuant to chapter 957. 
10526         (c) The Department of Financial Management Services shall 
10527  annually compile a report that documents Privately Operated 
10528  Institutions Inmate Welfare Trust Fund receipts and expenditures 
10529  at each private correctional facility. This report must 
10530  specifically identify receipt sources and expenditures. The 
10531  department of Management Services shall compile this report for 
10532  the prior fiscal year and shall submit the report by September 1 
10533  of each year to the chairs of the appropriate substantive and 
10534  fiscal committees of the Senate and House of Representatives and 
10535  to the Executive Office of the Governor. 
10536         Section 356. Subsection (3) and paragraph (a) of subsection 
10537  (6) of section 946.504, Florida Statutes, are amended to read: 
10538         946.504 Organization of corporation to operate correctional 
10539  work programs; lease of facilities.— 
10540         (3) The corporation shall negotiate with the Department of 
10541  Environmental Protection Management Services to reach and enter 
10542  into an agreement for the lease of each correctional work 
10543  program proposed by the corporation. The facilities to be leased 
10544  and the amount of rental for such facilities shall be agreed 
10545  upon by the Department of Environmental Protection Management 
10546  Services and the corporation, with consultation with the 
10547  department. The length of such lease shall be mutually agreed 
10548  upon among the department, the Department of Environmental 
10549  Protection Management Services, and the corporation; however, 
10550  the initial lease may not exceed 7 years. The department shall 
10551  continue to manage and operate the various correctional work 
10552  programs until the lease between the department and the 
10553  corporation is effective. 
10554         (6)(a) Upon the effective date of each lease of each 
10555  correctional work program, the department shall remit cause to 
10556  be remitted to the corporation all funds appropriated for, 
10557  associated with, or budgeted for the operation of that 
10558  correctional work program, as agreed upon among the department, 
10559  the Department of Environmental Protection Management Services, 
10560  and the corporation. 
10561         Section 357. Subsections (2) and (6) of section 946.515, 
10562  Florida Statutes, are amended to read: 
10563         946.515 Use of goods and services produced in correctional 
10564  work programs.— 
10565         (2) A No similar product or service of comparable price and 
10566  quality found necessary for use by any state agency may not be 
10567  purchased from any source other than the corporation if the 
10568  corporation certifies that the product is manufactured by, or 
10569  the service is provided by, inmates and the product or service 
10570  meets the comparable performance specifications and comparable 
10571  price and quality requirements as specified under s. 
10572  287.042(1)(f) or as determined by an individual agency as 
10573  provided in this section. The purchasing authority of any such 
10574  state agency may make reasonable determinations of need, price, 
10575  and quality with reference to products or services available 
10576  from the corporation. If In the event of a dispute between the 
10577  corporation and any purchasing authority based upon price or 
10578  quality under this section or s. 287.042(1)(f), either party may 
10579  request a hearing with the Department of Environmental 
10580  Protection Management Services and if not resolved, either party 
10581  may request a proceeding pursuant to ss. 120.569 and 120.57, 
10582  which shall be referred to the Division of Administrative 
10583  Hearings within 60 days after such request, to resolve any 
10584  dispute under this section. No party is entitled to any appeal 
10585  pursuant to s. 120.68. 
10586         (6) If, pursuant to a contract between any legislative, 
10587  executive, or judicial agency of the state and any private 
10588  contract vendor, a product or service is required by the 
10589  Department of Financial Management Services or on behalf of any 
10590  state agency, is certified by or is available from the 
10591  corporation identified in this chapter, and has been approved in 
10592  accordance with subsection (2), the contract must contain the 
10593  following language: 
10594 
10595         IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY 
10596         ARTICLES THAT WHICH ARE THE SUBJECT OF, OR REQUIRED TO 
10597         CARRY OUT, THIS CONTRACT MUST SHALL BE PURCHASED FROM 
10598         THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN 
10599         THE SAME MANNER AND UNDER THE SAME PROCEDURES SET 
10600         FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR 
10601         PURPOSES OF THIS CONTRACT, THE PERSON, FIRM, OR OTHER 
10602         BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS 
10603         CONTRACT IS SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS 
10604         AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE 
10605         CONCERNED. 
10606         Section 358. Section 946.525, Florida Statutes, is amended 
10607  to read: 
10608         946.525 Participation by the corporation in the state group 
10609  health insurance and prescription drug programs.— 
10610         (1) The board of directors of the corporation established 
10611  under this part may apply for participation in the state group 
10612  health insurance program authorized in s. 110.123 and the 
10613  prescription drug coverage program authorized by s. 110.12315 by 
10614  submitting an application along with a $500 nonrefundable fee to 
10615  the Department of Personnel Management Services. 
10616         (2) As a prerequisite to the adoption of a resolution for 
10617  participation in the state group health insurance and 
10618  prescription drug coverage program, the corporation shall seek 
10619  proposals to provide health insurance and prescription drug 
10620  coverages which coverages are equivalent to those offered 
10621  currently by the corporation and coverages equivalent to the 
10622  state group health insurance and prescription drug coverage 
10623  program. The corporation shall review and consider all 
10624  responsive proposals before prior to the adoption of any 
10625  resolution for participation in the state group health insurance 
10626  and prescription drug coverage program. 
10627         (3) If the Department of Personnel Management Services 
10628  determines that the corporation is eligible to enroll, the 
10629  corporation must agree to the following terms and conditions: 
10630         (a) The minimum enrollment or contractual period is will be 
10631  3 years. 
10632         (b) The corporation must pay to the department of 
10633  Management Services an initial administrative fee not less than 
10634  $2.61 per enrollee per month, or such other amount established 
10635  annually to fully reimburse the department of Management 
10636  Services for its costs. 
10637         (c) Termination of participation of the corporation 
10638  requires written notice 1 year before the termination date. 
10639         (d) If participation is terminated, the corporation may not 
10640  reapply for participation for a period of 2 years. 
10641         (e) The corporation shall reimburse the state for 100 
10642  percent of its costs, including administrative costs. 
10643         (f) If the corporation fails to make the payments required 
10644  by this section to fully reimburse the state, the Department of 
10645  Revenue or the Department of Financial Services shall, upon the 
10646  request of the Department of Personnel Management Services, 
10647  deduct the amount owed by the employer from any funds to be 
10648  distributed by it to the corporation. The amounts so deducted 
10649  shall be transferred to the Department of Personnel Management 
10650  Services for further distribution to the trust funds in 
10651  accordance with this chapter. 
10652         (g) The corporation shall furnish the Department of 
10653  Personnel Management Services any information requested by the 
10654  department of Management Services which the department of 
10655  Management Services considers necessary to administer the state 
10656  group health insurance program and the prescription drug 
10657  program. 
10658         (4) Sections The provisions of ss. 624.436-624.446 do not 
10659  apply to the State Group Insurance Program or to this section. 
10660         (5) The Department of Personnel Management Services may 
10661  adopt rules necessary to administer this section. 
10662         Section 359. Section 957.04, Florida Statutes, is amended 
10663  to read: 
10664         957.04 Contract requirements.— 
10665         (1) A contract entered into under this chapter for the 
10666  operation of private correctional facilities must shall maximize 
10667  the cost savings of such facilities and shall: 
10668         (a) Be negotiated with the firm found most qualified. 
10669  However, a contract for private correctional services may not be 
10670  entered into by the Department of Financial Management Services 
10671  unless the Department of Financial Management Services 
10672  determines that the contractor has demonstrated that it has: 
10673         1. The qualifications, experience, and management personnel 
10674  necessary to carry out the terms of the contract. 
10675         2. The ability to expedite the siting, design, and 
10676  construction of correctional facilities. 
10677         3. The ability to comply with applicable laws, court 
10678  orders, and national correctional standards. 
10679         (b) Indemnify the state and the department, including their 
10680  officials and agents, against any and all liability, including, 
10681  but not limited to, civil rights liability. Proof of 
10682  satisfactory insurance is required in an amount to be determined 
10683  by the Department of Financial Management Services. 
10684         (c) Require that the contractor seek, obtain, and maintain 
10685  accreditation by the American Correctional Association for the 
10686  facility under that contract. Compliance with amendments to the 
10687  accreditation standards of the association is required upon the 
10688  approval of such amendments by the commission. 
10689         (d) Require that the proposed facilities and the management 
10690  plans for the inmates meet applicable American Correctional 
10691  Association standards and the requirements of all applicable 
10692  court orders and state law. 
10693         (e) Establish operations standards for correctional 
10694  facilities subject to the contract. However, if the department 
10695  and the contractor disagree with an operations standard, the 
10696  contractor may propose to waive any rule, policy, or procedure 
10697  of the department related to the operations standards of 
10698  correctional facilities which is inconsistent with the mission 
10699  of the contractor to establish cost-effective, privately 
10700  operated correctional facilities. The Department of Financial 
10701  Management Services is shall be responsible for considering all 
10702  proposals from the contractor to waive any rule, policy, or 
10703  procedure and shall render a final decision granting or denying 
10704  such request. 
10705         (f) Require the contractor to be responsible for a range of 
10706  dental, medical, and psychological services; diet; education; 
10707  and work programs at least equal to those provided by the 
10708  department in comparable facilities. The work and education 
10709  programs must be designed to reduce recidivism, and include 
10710  opportunities to participate in such work programs as authorized 
10711  pursuant to s. 946.523. 
10712         (g) Require the selection and appointment of a full-time 
10713  contract monitor. The contract monitor shall be appointed and 
10714  supervised by the Department of Financial Management Services. 
10715  The contractor is required to reimburse the Department of 
10716  Financial Management Services for the salary and expenses of the 
10717  contract monitor. It is the obligation of the contractor to 
10718  provide suitable office space for the contract monitor at the 
10719  correctional facility. The contract monitor shall have unlimited 
10720  access to the correctional facility. 
10721         (h) Be for a period of 3 years and may be renewed for 
10722  successive 2-year periods thereafter. However, the state is not 
10723  obligated for any payments to the contractor beyond current 
10724  annual appropriations. 
10725         (2) Each contract entered into for the design and 
10726  construction of a private correctional facility or juvenile 
10727  commitment facility must include: 
10728         (a) Notwithstanding any provision of chapter 255 to the 
10729  contrary, a specific provision authorizing the use of tax-exempt 
10730  financing through the issuance of tax-exempt bonds, certificates 
10731  of participation, lease-purchase agreements, or other tax-exempt 
10732  financing methods. Pursuant to s. 255.25, approval is hereby 
10733  provided for the lease-purchase of up to two private 
10734  correctional facilities and any other facility authorized by the 
10735  General Appropriations Act. 
10736         (b) A specific provision requiring the design and 
10737  construction of the proposed facilities to meet the applicable 
10738  standards of the American Correctional Association and the 
10739  requirements of all applicable court orders and state law. 
10740         (c) A specific provision requiring the contractor, and not 
10741  the Department of Financial Management Services, to obtain the 
10742  financing required to design and construct the private 
10743  correctional facility or juvenile commitment facility built 
10744  under this chapter. 
10745         (d) A specific provision stating that the state is not 
10746  obligated for any payments that exceed the amount of the current 
10747  annual appropriation. 
10748         (3)(a) Each contract for the designing, financing, 
10749  acquiring, leasing, constructing, and operating of a private 
10750  correctional facility is shall be subject to ss. 255.2502 and 
10751  255.2503. 
10752         (b) Each contract for the designing, financing, acquiring, 
10753  leasing, and constructing of a private juvenile commitment 
10754  facility is shall be subject to ss. 255.2502 and 255.2503. 
10755         (4) A contract entered into under this chapter does not 
10756  accord third-party beneficiary status to any inmate or juvenile 
10757  offender or to any member of the general public. 
10758         (5) Each contract entered into by the Department of 
10759  Financial Management Services must include substantial minority 
10760  participation unless demonstrated by evidence, after a good 
10761  faith effort, as impractical and must also include any other 
10762  requirements the Department of Financial Management Services 
10763  considers necessary and appropriate for carrying out the 
10764  purposes of this chapter. 
10765         (6) Notwithstanding s. 253.025(7), the Board of Trustees of 
10766  the Internal Improvement Trust Fund need not approve a lease 
10767  purchase agreement negotiated by the Department of Financial 
10768  Management Services if the department of Management Services 
10769  finds that there is a need to expedite the lease-purchase. 
10770         (7)(a) Notwithstanding s. 253.025 or s. 287.057, if 
10771  whenever the Department of Financial Management Services finds 
10772  it to be in the best interest of timely site acquisition, it may 
10773  contract without the need for competitive selection with one or 
10774  more appraisers whose names are contained on the list of 
10775  approved appraisers maintained by the Division of State Lands of 
10776  the Department of Environmental Protection in accordance with s. 
10777  253.025(6)(b). If In those instances when the Department of 
10778  Management Services directly contracts for appraisal services, 
10779  it shall also contract with an approved appraiser who is not 
10780  employed by the same appraisal firm for review services. 
10781         (b) Notwithstanding s. 253.025(6), the Department of 
10782  Financial Management Services may negotiate and enter into 
10783  lease-purchase agreements before an appraisal is obtained. Any 
10784  such agreement must state that the final purchase price cannot 
10785  exceed the maximum value allowed by law. 
10786         Section 360. Subsection (2) of section 957.06, Florida 
10787  Statutes, is amended to read: 
10788         957.06 Powers and duties not delegable to contractor.—A 
10789  contract entered into under this chapter does not authorize, 
10790  allow, or imply a delegation of authority to the contractor to: 
10791         (2) Choose the facility to which an inmate is initially 
10792  assigned or subsequently transferred. The contractor may 
10793  request, in writing, that an inmate be transferred to a facility 
10794  operated by the department. The Department of Financial 
10795  Management Services, the contractor, and the department shall 
10796  develop and implement a cooperative agreement for transferring 
10797  inmates between a correctional facility operated by the 
10798  department and a private correctional facility. The department, 
10799  the Department of Financial Management Services, and the 
10800  contractor must comply with the cooperative agreement. 
10801         Section 361. Subsection (1) and paragraph (d) of subsection 
10802  (5) of section 957.07, Florida Statutes, are amended to read: 
10803         957.07 Cost-saving requirements.— 
10804         (1) The Department of Financial Management Services may not 
10805  enter into a contract or series of contracts unless the 
10806  department determines that the contract or series of contracts 
10807  in total for the facility will result in a cost savings to the 
10808  state of at least 7 percent over the public provision of a 
10809  similar facility. Such cost savings, as determined by the 
10810  Department of Financial Management Services, must be based upon 
10811  the actual costs associated with the construction and operation 
10812  of similar facilities or services as determined by the 
10813  Department of Corrections and certified by the Auditor General. 
10814  The Department of Corrections shall calculate all of the cost 
10815  components that determine the inmate per diem in correctional 
10816  facilities of a substantially similar size, type, and location 
10817  that are operated by the department of Corrections, including 
10818  administrative costs associated with central administration. 
10819  Services that are provided to the Department of Corrections by 
10820  other governmental agencies at no direct cost to the department 
10821  shall be assigned an equivalent cost and included in the per 
10822  diem. 
10823         (5) 
10824         (d) If a private vendor chooses not to renew the contract 
10825  at the appropriated level, the Department of Financial 
10826  Management Services shall terminate the contract as provided in 
10827  s. 957.14. 
10828         Section 362. Section 957.08, Florida Statutes, is amended 
10829  to read: 
10830         957.08 Capacity requirements.—The Department of Corrections 
10831  shall transfer and assign prisoners to each private correctional 
10832  facility opened pursuant to this chapter in an amount not less 
10833  than 90 percent or more than 100 percent of the capacity of the 
10834  facility pursuant to the contract with the Department of 
10835  Financial Management Services. The prisoners transferred by the 
10836  Department of Corrections must shall represent a cross-section 
10837  of the general inmate population, based on the grade of custody 
10838  or the offense of conviction, at the most comparable facility 
10839  operated by the department. 
10840         Section 363. Section 957.14, Florida Statutes, is amended 
10841  to read: 
10842         957.14 Contract termination and control of a correctional 
10843  facility by the department.—A detailed plan shall be provided by 
10844  a private vendor under which the department shall assume 
10845  temporary control of a private correctional facility upon 
10846  termination of the contract. The Department of Financial 
10847  Management Services may terminate the contract with cause after 
10848  written notice of material deficiencies and after 60 workdays in 
10849  order to correct the material deficiencies. If any event occurs 
10850  that involves the noncompliance with or violation of contract 
10851  terms and that presents a serious threat to the safety, health, 
10852  or security of the inmates, employees, or the public, the 
10853  department may temporarily assume control of the private 
10854  correctional facility, with the approval of the Department of 
10855  Financial Management Services. A plan must shall also be 
10856  provided by a private vendor for the purchase and temporary 
10857  assumption of operations of a correctional facility by the 
10858  department in the event of bankruptcy or the financial 
10859  insolvency of the private vendor. The private vendor shall 
10860  provide an emergency plan to address inmate disturbances, 
10861  employee work stoppages, strikes, or other serious events in 
10862  accordance with standards of the American Correctional 
10863  Association. 
10864         Section 364. Section 957.15, Florida Statutes, is amended 
10865  to read: 
10866         957.15 Funding of contracts for operation, maintenance, and 
10867  lease-purchase of private correctional facilities.—The request 
10868  for appropriation of funds to make payments pursuant to 
10869  contracts entered into by the Department of Financial Management 
10870  Services for the operation, maintenance, and lease-purchase of 
10871  the private correctional facilities authorized by this chapter 
10872  shall be made by the Department of Financial Management Services 
10873  in a request to the department. The department shall include 
10874  such request in its budget request to the Legislature as a 
10875  separately identified item and shall forward the request of the 
10876  Department of Financial Management Services without change. 
10877  After an appropriation has been made by the Legislature to the 
10878  department for the private correctional facilities, the 
10879  department shall have no authority over such funds other than to 
10880  pay from such appropriation to the appropriate private vendor 
10881  such amounts as are certified for payment by the Department of 
10882  Financial Management Services. 
10883         Section 365. Section 957.16, Florida Statutes, is amended 
10884  to read: 
10885         957.16 Expanding capacity.—The Department of Financial 
10886  Management Services may is authorized to modify and execute 
10887  agreements with contractors to expand up to the total capacity 
10888  of contracted correctional facilities. Total capacity means the 
10889  design capacity of all contracted correctional facilities 
10890  increased by one-half as described under s. 944.023(1)(b). Any 
10891  additional beds authorized under this section must comply with 
10892  the cost-saving requirements set forth in s. 957.07. Any 
10893  additional beds authorized as a result of expanded capacity 
10894  under this section are contingent upon specified appropriations. 
10895         Section 366. Subsection (3) of section 1001.27, Florida 
10896  Statutes, is amended to read: 
10897         1001.27 State satellite network.— 
10898         (3) The department, in consultation with the Department of 
10899  Financial Management Services, shall implement the provisions of 
10900  this section and coordinate the network. Specifically, the 
10901  department shall: 
10902         (a) Provide for technical analysis of suitable existing 
10903  satellite receiving equipment at Florida public postsecondary 
10904  educational institutions for inclusion in the network. 
10905         (b) Acquire by competitive sealed bid and place appropriate 
10906  receiving equipment in those community college regions of the 
10907  state in which such equipment is presently not available at a 
10908  public postsecondary educational institution. 
10909         (c) Develop an implementation plan that provides for 
10910  designation of a site in each community college region for 
10911  inclusion in the initial network. Criteria for selection must 
10912  shall include: 
10913         1. Accessibility to a substantial portion of the population 
10914  of the region. 
10915         2. Demonstrated institutional commitment to support and 
10916  encourage use of the network both within the region and 
10917  statewide. 
10918         3. Willingness to complement state support with matching 
10919  institutional resources. 
10920         4. Evidence of cooperation and coordinated planning with 
10921  other postsecondary educational institutions in the region. 
10922         5. Availability of existing telecommunications equipment 
10923  which is compatible or adaptable for use in the network. 
10924         (d) Identify additional sites for inclusion in the network 
10925  in the event that demand exceeds the capacity of the initial 
10926  network. 
10927         (e) Coordinate scheduling and encourage use of the network. 
10928         (f) Develop operating procedures for the system and 
10929  recommend fee schedules for both public and private entities 
10930  wishing to transmit or receive programming through the network. 
10931  Scheduling procedures must shall assign the highest priority to 
10932  educational programming. 
10933         (g) Provide training for institutional, state agency, and 
10934  other personnel in effective techniques for the use of the 
10935  network. 
10936         (h) Provide initial startup support for operations, 
10937  maintenance, and publicity costs of the network. Continuation 
10938  costs in these areas shall be recovered through user fees and 
10939  local resources. 
10940         Section 367. Paragraph (j) of subsection (12) of section 
10941  1001.42, Florida Statutes, is amended to read: 
10942         1001.42 Powers and duties of district school board.—The 
10943  district school board, acting as a board, shall exercise all 
10944  powers and perform all duties listed below: 
10945         (12) FINANCE.—Take steps to assure students adequate 
10946  educational facilities through the financial procedure 
10947  authorized in chapters 1010 and 1011 and as prescribed below: 
10948         (j) Purchasing regulations to be secured from Department of 
10949  Financial Management Services.—Secure purchasing regulations and 
10950  amendments and changes thereto from the Department of Financial 
10951  Management Services and report prior to any expected purchase 
10952  have reported to the department it by its staff, and give 
10953  consideration to the lowest price available to it under such 
10954  regulations, if provided a regulation applicable to the item or 
10955  items being purchased has been adopted by the department. The 
10956  department should meet with educational administrators to expand 
10957  the inventory of standard items for common usage in all schools 
10958  and postsecondary educational institutions. 
10959         Section 368. Paragraph (b) of subsection (1) of section 
10960  1001.705, Florida Statutes, is amended to read: 
10961         1001.705 Responsibility for the State University System 
10962  under s. 7, Art. IX of the State Constitution; legislative 
10963  finding and intent.— 
10964         (1) LEGISLATIVE FINDINGS.— 
10965         (b) Constitutional duties of the Board of Governors of the 
10966  State University System.—In accordance with s. 7, Art. IX of the 
10967  State Constitution, the Board of Governors of the State 
10968  University System has the duty to operate, regulate, control, 
10969  and be fully responsible for the management of the whole 
10970  publicly funded State University System and the board, or the 
10971  board’s designee, has responsibility for: 
10972         1. Defining the distinctive mission of each constituent 
10973  university. 
10974         2. Defining the articulation of each constituent university 
10975  in conjunction with the Legislature’s authority over the public 
10976  schools and community colleges. 
10977         3. Ensuring the well-planned coordination and operation of 
10978  the State University System. 
10979         4. Avoiding wasteful duplication of facilities or programs 
10980  within the State University System. 
10981         5. Accounting for expenditure of funds appropriated by the 
10982  Legislature for the State University System as provided by law. 
10983         6. Submitting a budget request for legislative 
10984  appropriations for the institutions under the supervision of the 
10985  board as provided by law. 
10986         7. Adopting strategic plans for the State University System 
10987  and each constituent university. 
10988         8. Approving, reviewing, and terminating degree programs of 
10989  the State University System. 
10990         9. Governing admissions to the state universities. 
10991         10. Serving as the public employer to all public employees 
10992  of state universities for collective bargaining purposes. 
10993         11. Establishing a personnel system for all state 
10994  university employees; however, the Department of Personnel 
10995  Management Services shall retain authority over state university 
10996  employees for programs established in ss. 110.123, 110.1232, 
10997  110.1234, 110.1238, and 110.161, and in chapters 121, 122, and 
10998  238. 
10999         12. Complying with, and enforcing for institutions under 
11000  the board’s jurisdiction, all applicable local, state, and 
11001  federal laws. 
11002         Section 369. Paragraph (b) of subsection (5) of section 
11003  1001.706, Florida Statutes, is amended to read: 
11004         1001.706 Powers and duties of the Board of Governors.— 
11005         (5) POWERS AND DUTIES RELATING TO PERSONNEL.— 
11006         (b) The Department of Personnel Management Services shall 
11007  retain authority over state university employees for programs 
11008  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and 
11009  110.161 and in chapters 121, 122, and 238. Unless specifically 
11010  authorized by law, neither the Board of Governors nor a state 
11011  university may offer group insurance programs for employees as a 
11012  substitute for or as an alternative to the health insurance 
11013  programs offered pursuant to chapter 110. 
11014         Section 370. Paragraph (c) of subsection (5) of section 
11015  1001.74, Florida Statutes, is amended to read: 
11016         1001.74 Powers and duties of university boards of 
11017  trustees.— 
11018         (5) POWERS AND DUTIES RELATING TO PERSONNEL.— 
11019         (c) The Department of Personnel Management Services shall 
11020  retain authority over state university employees for programs 
11021  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and 
11022  110.161 and in chapters 121, 122, and 238. Unless specifically 
11023  authorized by law, neither the Board of Governors nor a state 
11024  university may offer group insurance programs for employees as a 
11025  substitute for or as an alternative to the health insurance 
11026  programs offered pursuant to chapter 110. 
11027         Section 371. Paragraph (f) of subsection (4) of section 
11028  1002.36, Florida Statutes, is amended to read: 
11029         1002.36 Florida School for the Deaf and the Blind.— 
11030         (4) BOARD OF TRUSTEES.— 
11031         (f) The board of trustees shall: 
11032         1. Prepare and submit legislative budget requests for 
11033  operations and fixed capital outlay, in accordance with chapter 
11034  216 and ss. 1011.56 and 1013.60, to the Department of Education 
11035  for review and approval. The department must analyze the amount 
11036  requested for fixed capital outlay to determine if the request 
11037  is consistent with the school’s campus master plan, educational 
11038  plant survey, and facilities master plan. Projections of 
11039  facility space needs may exceed the norm space and occupant 
11040  design criteria established in the State Requirements for 
11041  Educational Facilities. 
11042         2. Approve and administer an annual operating budget in 
11043  accordance with ss. 1011.56 and 1011.57. 
11044         3. Require all funds received other than gifts, donations, 
11045  bequests, funds raised by or belonging to student clubs or 
11046  student organizations, and funds held for specific students or 
11047  in accounts for individual students to be deposited in the State 
11048  Treasury and expended as authorized in the General 
11049  Appropriations Act. 
11050         4. Require all purchases to be in accordance with the 
11051  provisions of chapter 287 except for purchases made with funds 
11052  received as gifts, donations, or bequests; funds raised by or 
11053  belonging to student clubs or student organizations; or funds 
11054  held for specific students or in accounts for individual 
11055  students. 
11056         5. Administer and maintain personnel programs for all 
11057  employees of the board of trustees and the Florida School for 
11058  the Deaf and the Blind who are shall be state employees, 
11059  including the personnel classification and pay plan established 
11060  in accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for 
11061  academic and academic administrative personnel, the provisions 
11062  of chapter 110, and the provisions of law that grant authority 
11063  to the Department of Personnel Management Services over such 
11064  programs for state employees. 
11065         6. Give preference in appointment and retention in 
11066  positions of employment as provided in within s. 295.07(1). 
11067         7. Ensure that the Florida School for the Deaf and the 
11068  Blind complies with s. 1013.351 concerning the coordination of 
11069  planning between the Florida School for the Deaf and the Blind 
11070  and local governing bodies. 
11071         8. Ensure that the Florida School for the Deaf and the 
11072  Blind complies with s. 112.061 concerning per diem and travel 
11073  expenses of public officers, employees, and authorized persons 
11074  with respect to all funds other than funds received as gifts, 
11075  donations, or bequests; funds raised by or belonging to student 
11076  clubs or student organizations; or funds held for specific 
11077  students or in accounts for individual students. 
11078         9. Adopt a master plan that which specifies the mission and 
11079  objectives of the Florida School for the Deaf and the Blind. The 
11080  plan must shall include, but not be limited to, procedures for 
11081  systematically measuring the school’s progress toward meeting 
11082  its objectives, analyzing changes in the student population, and 
11083  modifying school programs and services to respond to such 
11084  changes. The plan shall be for a period of 5 years and shall be 
11085  reviewed for needed modifications every 2 years. The board of 
11086  trustees shall submit the initial plan and subsequent 
11087  modifications to the Speaker of the House of Representatives and 
11088  the President of the Senate. 
11089         10. Designate a portion of the school as “The Verle Allyn 
11090  Pope Complex for the Deaf,” in tribute to the late Senator Verle 
11091  Allyn Pope. 
11092         Section 372. Paragraph (f) of subsection (2) of section 
11093  1002.37, Florida Statutes, is amended to read: 
11094         1002.37 The Florida Virtual School.— 
11095         (2) The Florida Virtual School shall be governed by a board 
11096  of trustees comprised of seven members appointed by the Governor 
11097  to 4-year staggered terms. The board of trustees shall be a 
11098  public agency entitled to sovereign immunity pursuant to s. 
11099  768.28, and board members shall be public officers who shall 
11100  bear fiduciary responsibility for the Florida Virtual School. 
11101  The board of trustees shall have the following powers and 
11102  duties: 
11103         (f) In accordance with law and rules of the State Board of 
11104  Education, the board of trustees shall administer and maintain 
11105  personnel programs for all employees of the board of trustees 
11106  and the Florida Virtual School. The board of trustees may adopt 
11107  rules, policies, and procedures related to the appointment, 
11108  employment, and removal of personnel. 
11109         1. The board of trustees shall determine the compensation, 
11110  including salaries and fringe benefits, and other conditions of 
11111  employment for such personnel. 
11112         2. The board of trustees may establish and maintain a 
11113  personnel loan or exchange program by which persons employed by 
11114  the board of trustees for the Florida Virtual School as academic 
11115  administrative and instructional staff may be loaned to, or 
11116  exchanged with persons employed in like capacities by, public 
11117  agencies either within or without this state, or by private 
11118  industry. With respect to public agency employees, the program 
11119  must authorized by this subparagraph shall be consistent with 
11120  the requirements of part II of chapter 112. The salary and 
11121  benefits of board of trustees personnel participating in the 
11122  loan or exchange program shall be continued during the period of 
11123  time they participate in a loan or exchange program, and such 
11124  personnel shall be deemed to not have a no break in creditable 
11125  or continuous service or employment during such time. The salary 
11126  and benefits of persons participating in the personnel loan or 
11127  exchange program who are employed by public agencies or private 
11128  industry shall be paid by the originating employers of those 
11129  participants, and such personnel are shall be deemed to have no 
11130  break in creditable or continuous service or employment during 
11131  such time. 
11132         3. The employment of all Florida Virtual School academic 
11133  administrative and instructional personnel is shall be subject 
11134  to rejection for cause by the board of trustees, and shall be 
11135  subject to policies of the board of trustees relative to 
11136  certification, tenure, leaves of absence, sabbaticals, 
11137  remuneration, and such other conditions of employment as the 
11138  board of trustees deems necessary and proper, not inconsistent 
11139  with law. 
11140         4. Each person employed by the board of trustees in an 
11141  academic administrative or instructional capacity with the 
11142  Florida Virtual School is shall be entitled to a contract as 
11143  provided by rules of the board of trustees. 
11144         5. All employees except temporary, seasonal, and student 
11145  employees may be state employees for the purpose of being 
11146  eligible to participate in the Florida Retirement System and 
11147  receive benefits. The classification and pay plan, including 
11148  terminal leave and other benefits are, and any amendments 
11149  thereto, shall be subject to review and approval by the 
11150  Department of Personnel Management Services and the Executive 
11151  Office of the Governor before prior to adoption. 
11152 
11153  The Governor shall designate the initial chair of the board of 
11154  trustees to serve a term of 4 years. Members of the board of 
11155  trustees shall serve without compensation, but may be reimbursed 
11156  for per diem and travel expenses pursuant to s. 112.061. The 
11157  board of trustees shall be a body corporate with all the powers 
11158  of a body corporate and such authority as is needed for the 
11159  proper operation and improvement of the Florida Virtual School. 
11160  The board of trustees is specifically authorized to adopt rules, 
11161  policies, and procedures, consistent with law and rules of the 
11162  State Board of Education related to governance, personnel, 
11163  budget and finance, administration, programs, curriculum and 
11164  instruction, travel and purchasing, technology, students, 
11165  contracts and grants, and property as necessary for optimal, 
11166  efficient operation of the Florida Virtual School. Tangible 
11167  personal property owned by the board of trustees shall be 
11168  subject to the provisions of chapter 273. 
11169         Section 373. Paragraph (c) of subsection (2) of section 
11170  1004.58, Florida Statutes, is amended to read: 
11171         1004.58 Leadership Board for Applied Research and Public 
11172  Service.— 
11173         (2) Membership of the board shall be: 
11174         (c) The executive director secretary of Personnel 
11175  Management the Department of Management Services. 
11176         Section 374. Paragraph (f) of subsection (3) and paragraph 
11177  (a) of subsection (6) of section 1012.33, Florida Statutes, are 
11178  amended to read: 
11179         1012.33 Contracts with instructional staff, supervisors, 
11180  and school principals.— 
11181         (3) 
11182         (f) The district school superintendent shall notify an 
11183  employee who holds a professional service contract on July 1, 
11184  1997, in writing, within no later than 6 weeks before prior to 
11185  the end of the postschool conference period, of performance 
11186  deficiencies which may result in termination of employment, if 
11187  not corrected during the subsequent year of employment, (which 
11188  shall be granted for an additional year in accordance with the 
11189  provisions in subsection (1)). Except as otherwise hereinafter 
11190  provided, this action is shall not be subject to the provisions 
11191  of chapter 120, but the following procedures shall apply: 
11192         1. On receiving notice of unsatisfactory performance, the 
11193  employee, on request, shall be accorded an opportunity to meet 
11194  with the district school superintendent, or a his or her 
11195  designee, for an informal review of the determination of 
11196  unsatisfactory performance. 
11197         2. An employee notified of unsatisfactory performance may 
11198  request an opportunity to be considered for a transfer to 
11199  another appropriate position, with a different supervising 
11200  administrator, for the subsequent year of employment. If the 
11201  request for the transfer is granted, the district school 
11202  superintendent shall annually report to the department the total 
11203  number of employees transferred pursuant to this subparagraph, 
11204  where they were transferred, and what, if any, remediation was 
11205  implemented to remediate the unsatisfactory performance. 
11206         3. During the subsequent year, the employee shall be 
11207  provided assistance and inservice training opportunities to help 
11208  correct the noted performance deficiencies. The employee shall 
11209  also be evaluated periodically so that he or she will be kept 
11210  apprised of progress achieved. 
11211         4. At least Not later than 6 weeks before prior to the 
11212  close of the postschool conference period of the subsequent 
11213  year, the district school superintendent, after receiving and 
11214  reviewing the recommendation required by s. 1012.34, shall 
11215  notify the employee, in writing, whether the performance 
11216  deficiencies have been corrected. If so, a new professional 
11217  service contract shall be issued to the employee. If the 
11218  performance deficiencies have not been corrected, the district 
11219  school superintendent may notify the district school board and 
11220  the employee, in writing, that the employee shall not be issued 
11221  a new professional service contract; however, if the 
11222  recommendation of the district school superintendent is not to 
11223  issue a new professional service contract, and if the employee 
11224  wishes to contest such recommendation, the employee will have 15 
11225  days from receipt of the district school superintendent’s 
11226  recommendation to demand, in writing, a hearing. In such 
11227  hearing, the employee may raise as an issue, among other things, 
11228  the sufficiency of the district school superintendent’s charges 
11229  of unsatisfactory performance. Such hearing shall be conducted 
11230  at the district school board’s election in accordance with one 
11231  of the following procedures: 
11232         a. A direct hearing conducted by the district school board 
11233  within 60 days after of receipt of the written appeal. The 
11234  hearing shall be conducted in accordance with the provisions of 
11235  ss. 120.569 and 120.57. A majority vote of the membership of the 
11236  district school board is shall be required to sustain the 
11237  district school superintendent’s recommendation. The 
11238  determination of the district school board is shall be final as 
11239  to the sufficiency or insufficiency of the grounds for 
11240  termination of employment; or 
11241         b. A hearing conducted by an administrative law judge 
11242  assigned by the Division of Administrative Hearings of the 
11243  Department of Management Services. The hearing must shall be 
11244  conducted within 60 days after of receipt of the written appeal 
11245  in accordance with chapter 120. The recommendation of the 
11246  administrative law judge shall be made to the district school 
11247  board. A majority vote of the membership of the district school 
11248  board is shall be required to sustain or change the 
11249  administrative law judge’s recommendation. The determination of 
11250  the district school board is shall be final as to the 
11251  sufficiency or insufficiency of the grounds for termination of 
11252  employment. 
11253         (6)(a) Any member of the instructional staff, excluding an 
11254  employee specified in subsection (4), may be suspended or 
11255  dismissed at any time during the term of the contract for just 
11256  cause as provided in paragraph (1)(a). The district school board 
11257  must notify the employee in writing whenever charges are made 
11258  against the employee and may suspend such person without pay; 
11259  however but, if the charges are not sustained, the employee must 
11260  shall be immediately reinstated, and his or her back salary 
11261  shall be paid. If the employee wishes to contest the charges, 
11262  the employee must, within 15 days after receipt of the written 
11263  notice, submit a written request for a hearing. Such hearing 
11264  shall be conducted at the district school board’s election in 
11265  accordance with one of the following procedures: 
11266         1. A direct hearing conducted by the district school board 
11267  within 60 days after receipt of the written appeal. The hearing 
11268  shall be conducted in accordance with the provisions of ss. 
11269  120.569 and 120.57. A majority vote of the membership of the 
11270  district school board is shall be required to sustain the 
11271  district school superintendent’s recommendation. The 
11272  determination of the district school board is shall be final as 
11273  to the sufficiency or insufficiency of the grounds for 
11274  termination of employment; or 
11275         2. A hearing conducted by an administrative law judge 
11276  assigned by the Division of Administrative Hearings of the 
11277  Department of Management Services. The hearing shall be 
11278  conducted within 60 days after receipt of the written appeal in 
11279  accordance with chapter 120. The recommendation of the 
11280  administrative law judge shall be made to the district school 
11281  board. A majority vote of the membership of the district school 
11282  board is shall be required to sustain or change the 
11283  administrative law judge’s recommendation. The determination of 
11284  the district school board is shall be final as to the 
11285  sufficiency or insufficiency of the grounds for termination of 
11286  employment. 
11287 
11288  Any such decision adverse to the employee may be appealed by the 
11289  employee pursuant to s. 120.68, provided such appeal is filed 
11290  within 30 days after the decision of the district school board. 
11291         Section 375. Paragraph (d) of subsection (3) of section 
11292  1012.34, Florida Statutes, is amended to read: 
11293         1012.34 Assessment procedures and criteria.— 
11294         (3) The assessment procedure for instructional personnel 
11295  and school administrators must be primarily based on the 
11296  performance of students assigned to their classrooms or schools, 
11297  as appropriate. Pursuant to this section, a school district’s 
11298  performance assessment is not limited to basing unsatisfactory 
11299  performance of instructional personnel and school administrators 
11300  upon student performance, but may include other criteria 
11301  approved to assess instructional personnel and school 
11302  administrators’ performance, or any combination of student 
11303  performance and other approved criteria. The procedures must 
11304  comply with, but are not limited to, the following requirements: 
11305         (d) If an employee is not performing his or her duties in a 
11306  satisfactory manner, the evaluator shall notify the employee in 
11307  writing of such determination. The notice must describe such 
11308  unsatisfactory performance and include notice of the following 
11309  procedural requirements: 
11310         1. Upon delivery of a notice of unsatisfactory performance, 
11311  the evaluator must confer with the employee, make 
11312  recommendations with respect to specific areas of unsatisfactory 
11313  performance, and provide assistance in helping to correct 
11314  deficiencies within a prescribed period of time. 
11315         2.a. If the employee holds a professional service contract 
11316  as provided in s. 1012.33, the employee shall be placed on 
11317  performance probation and governed by the provisions of this 
11318  section for 90 calendar days following the receipt of the notice 
11319  of unsatisfactory performance to demonstrate corrective action. 
11320  School holidays and school vacation periods are not counted when 
11321  calculating the 90-calendar-day period. During the 90 calendar 
11322  days, the employee who holds a professional service contract 
11323  must be evaluated periodically and apprised of progress achieved 
11324  and must be provided assistance and inservice training 
11325  opportunities to help correct the noted performance 
11326  deficiencies. At any time during the 90 calendar days, the 
11327  employee who holds a professional service contract may request a 
11328  transfer to another appropriate position with a different 
11329  supervising administrator; however, a transfer does not extend 
11330  the period for correcting performance deficiencies. 
11331         b. Within 14 days after the close of the 90 calendar days, 
11332  the evaluator must assess whether the performance deficiencies 
11333  have been corrected and forward a recommendation to the district 
11334  school superintendent. Within 14 days after receiving the 
11335  evaluator’s recommendation, the district school superintendent 
11336  must notify the employee who holds a professional service 
11337  contract in writing whether the performance deficiencies have 
11338  been satisfactorily corrected and whether the district school 
11339  superintendent will recommend that the district school board 
11340  continue or terminate his or her employment contract. If the 
11341  employee wishes to contest the district school superintendent’s 
11342  recommendation, the employee must, within 15 days after receipt 
11343  of the district school superintendent’s recommendation, submit a 
11344  written request for a hearing. The hearing shall be conducted at 
11345  the district school board’s election in accordance with one of 
11346  the following procedures: 
11347         (I) A direct hearing conducted by the district school board 
11348  within 60 days after receipt of the written appeal. The hearing 
11349  shall be conducted in accordance with the provisions of ss. 
11350  120.569 and 120.57. A majority vote of the membership of the 
11351  district school board is shall be required to sustain the 
11352  district school superintendent’s recommendation. The 
11353  determination of the district school board is shall be final as 
11354  to the sufficiency or insufficiency of the grounds for 
11355  termination of employment; or 
11356         (II) A hearing conducted by an administrative law judge 
11357  assigned by the Division of Administrative Hearings of the 
11358  Department of Management Services. The hearing shall be 
11359  conducted within 60 days after receipt of the written appeal in 
11360  accordance with chapter 120. The recommendation of the 
11361  administrative law judge shall be made to the district school 
11362  board. A majority vote of the membership of the district school 
11363  board is shall be required to sustain or change the 
11364  administrative law judge’s recommendation. The determination of 
11365  the district school board is shall be final as to the 
11366  sufficiency or insufficiency of the grounds for termination of 
11367  employment. 
11368         Section 376. Paragraph (d) of subsection (2) of section 
11369  1012.61, Florida Statutes, is amended to read: 
11370         1012.61 Sick leave.— 
11371         (2) PROVISIONS GOVERNING SICK LEAVE.—The following 
11372  provisions shall govern sick leave: 
11373         (d) Expenditure authorized.—District school boards may 
11374  expend public funds for payment to employees on account of 
11375  sickness. The expending and excluding of such funds shall be in 
11376  compliance with rules adopted by the Department of Personnel 
11377  Management Services pursuant to chapter 650. 
11378         Section 377. Subsection (6) of section 1012.796, Florida 
11379  Statutes, is amended to read: 
11380         1012.796 Complaints against teachers and administrators; 
11381  procedure; penalties.— 
11382         (6) Upon the finding of probable cause, the commissioner 
11383  shall file a formal complaint and prosecute the complaint 
11384  pursuant to the provisions of chapter 120. An administrative law 
11385  judge shall be assigned by the Division of Administrative 
11386  Hearings of the Department of Management Services to hear the 
11387  complaint if there are disputed issues of material fact. The 
11388  administrative law judge shall make recommendations in 
11389  accordance with the provisions of subsection (7) to the 
11390  appropriate Education Practices Commission panel which shall 
11391  conduct a formal review of such recommendations and other 
11392  pertinent information and issue a final order. The commission 
11393  shall consult with its legal counsel before prior to issuance of 
11394  a final order. 
11395         Section 378. Subsection (5) of section 1012.865, Florida 
11396  Statutes, is amended to read: 
11397         1012.865 Sick leave.—Each community college board of 
11398  trustees shall adopt rules whereby any full-time employee who is 
11399  unable to perform his or her duties at the community college on 
11400  account of personal sickness, accident disability, or extended 
11401  personal illness, or because of illness or death of the 
11402  employee’s father, mother, brother, sister, husband, wife, 
11403  child, or other close relative or member of the employee’s own 
11404  household, and who consequently has to be absent from work shall 
11405  be granted leave of absence for sickness by the president or by 
11406  the president’s designated representative. The following 
11407  provisions shall govern sick leave: 
11408         (5) EXPENDITURE AUTHORIZED.—Community college boards of 
11409  trustees may expend public funds for payment to employees on 
11410  account of sickness. The expending and excluding of such funds 
11411  must comply shall be in compliance with rules adopted by the 
11412  Department of Personnel Management Services pursuant to chapter 
11413  650. 
11414         Section 379. Paragraph (c) of subsection (1) of section 
11415  1012.875, Florida Statutes, is amended to read: 
11416         1012.875 State Community College System Optional Retirement 
11417  Program.—Each community college may implement an optional 
11418  retirement program, if such program is established therefor 
11419  pursuant to s. 1001.64(20), under which annuity or other 
11420  contracts providing retirement and death benefits may be 
11421  purchased by, and on behalf of, eligible employees who 
11422  participate in the program, in accordance with s. 403(b) of the 
11423  Internal Revenue Code. Except as otherwise provided herein, this 
11424  retirement program, which shall be known as the State Community 
11425  College System Optional Retirement Program, may be implemented 
11426  and administered only by an individual community college or by a 
11427  consortium of community colleges. 
11428         (1) As used in this section, the term: 
11429         (c) “Department” means the Department of Personnel 
11430  Management Services. 
11431         Section 380. Subsection (7) of section 1013.03, Florida 
11432  Statutes, is amended to read: 
11433         1013.03 Functions of the department and the Board of 
11434  Governors.—The functions of the Department of Education as it 
11435  pertains to educational facilities of school districts and 
11436  community colleges and of the Board of Governors as it pertains 
11437  to educational facilities of state universities shall include, 
11438  but not be limited to, the following: 
11439         (7) Provide training, technical assistance, and building 
11440  code interpretation for requirements of the mandatory Florida 
11441  Building Code for the educational facilities construction and 
11442  capital improvement programs of the community college boards and 
11443  district school boards and, upon request, approve phase III 
11444  construction documents for remodeling, renovation, or new 
11445  construction of educational plants or ancillary facilities, 
11446  except that university boards of trustees shall approve 
11447  specifications and construction documents for their respective 
11448  institutions pursuant to guidelines of the Board of Governors. 
11449  The Department of Environmental Protection Management Services 
11450  may, upon request, provide similar services for the Florida 
11451  School for the Deaf and the Blind and shall use the Florida 
11452  Building Code and the Florida Fire Prevention Code. 
11453         Section 381. Paragraph (d) of subsection (3) of section 
11454  1013.23, Florida Statutes, is amended to read: 
11455         1013.23 Energy efficiency contracting.— 
11456         (3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.— 
11457         (d) Prior to the design and installation of the energy 
11458  conservation measure, the district school board, community 
11459  college board of trustees, or state university board of trustees 
11460  must obtain from the energy performance contractor a report that 
11461  discloses all costs associated with the energy conservation 
11462  measure and provides an estimate of the amount of the energy 
11463  cost savings. The report must be reviewed by either the 
11464  Department of Education or the Department of Financial 
11465  Management Services or signed and sealed by a registered 
11466  professional engineer. 
11467         Section 382. Subsection (8) of section 1013.30, Florida 
11468  Statutes, is amended to read: 
11469         1013.30 University campus master plans and campus 
11470  development agreements.— 
11471         (8) Following receipt of a petition challenging a campus 
11472  master plan or plan amendment, the university board of trustees 
11473  must submit the petition to the Division of Administrative 
11474  Hearings of the Department of Management Services for assignment 
11475  to an administrative law judge under ss. 120.569 and 120.57. 
11476         (a) If a party to the proceeding requests mediation, the 
11477  parties have up to no more than 30 days to resolve any issue in 
11478  dispute. The costs of the mediation must be borne equally by all 
11479  of the parties to the proceeding. 
11480         (b) If the matter is not resolved within 30 days, the 
11481  administrative law judge shall proceed with a hearing under ss. 
11482  120.569 and 120.57. The hearing shall be held in the county 
11483  where the campus of the university subject to the amendment is 
11484  located. Within 60 days after receiving the petition, the 
11485  administrative law judge must, consistent with the applicable 
11486  requirements and procedures of the Administrative Procedure Act, 
11487  hold a hearing pursuant to chapter 120, identify the issues 
11488  remaining in dispute, prepare a record of the proceedings, and 
11489  submit a recommended order to the state land planning agency for 
11490  final action. Parties to the proceeding may submit written 
11491  exceptions to the recommended order within 10 days after the 
11492  recommended order is issued. The state land planning agency must 
11493  issue its final order within no later than 60 days after 
11494  receiving the recommended order. 
11495         (c) The final order of the state land planning agency is 
11496  subject to judicial review as provided in s. 120.68. 
11497         (d) The signature of an attorney or party constitutes a 
11498  certificate that he or she has read the pleading, motion, or 
11499  other paper and that, to the best of his or her knowledge, 
11500  information, and belief formed after reasonable inquiry, it is 
11501  not interposed for any improper purpose, such as to harass or to 
11502  cause unnecessary delay, or for economic advantage, competitive 
11503  reasons, frivolous purposes, or needless increase in the cost of 
11504  litigation. If a pleading, motion, or other paper is signed in 
11505  violation of these requirements, the division, upon motion or 
11506  its own initiative, shall impose upon either the person who 
11507  signed it or a represented party, or both, an appropriate 
11508  sanction, which may include an order to pay to the other party 
11509  or parties the amount of reasonable expenses incurred because of 
11510  the filing of the pleading, motion, or other paper, including 
11511  reasonable attorney’s fees. 
11512         Section 383. Subsection (3) of section 1013.38, Florida 
11513  Statutes, is amended to read: 
11514         1013.38 Boards to ensure that facilities comply with 
11515  building codes and life safety codes.— 
11516         (3) The Department of Environmental Protection Management 
11517  Services may, upon request, provide facilities services for the 
11518  Florida School for the Deaf and the Blind, the Division of Blind 
11519  Services, and public broadcasting. As used in this section, the 
11520  term “facilities services” means project management, code and 
11521  design plan review, and code compliance inspection for projects 
11522  as defined in s. 287.017(1)(e). 
11523         Section 384. During the 2010-2011 fiscal year, the 
11524  Department of Environmental Protection shall coordinate with all 
11525  state agencies to identify each state agency’s total number of 
11526  positions and resources related to real estate leasing, as well 
11527  as facilities operations and maintenance. Agencies must submit 
11528  the information to the department no later than August 1, 2010. 
11529  By September 1, 2010, the department shall submit a plan to 
11530  centralize all real estate leasing and facilities operations and 
11531  maintenance to the Executive Office of the Governor, the 
11532  President of the Senate, and the Speaker of the House of 
11533  Representatives. Such information shall be included in each 
11534  agency’s legislative budget request for the 2011-2012 fiscal 
11535  year as a transfer to the Department of Asset Management. This 
11536  section expires July 1, 2011. 
11537         Section 385. Effective July 1, 2011, section 20.51, Florida 
11538  Statutes, is created to read: 
11539         20.51 Department of Asset Management.—The Department of 
11540  Asset Management is created. 
11541         (1) The head of the department is the Governor and Cabinet. 
11542  The Governor and Cabinet shall appoint an executive director, 
11543  subject to confirmation by the Senate, who shall serve at the 
11544  pleasure of the Governor and Cabinet. 
11545         (2) The Division of Facilities is established in the 
11546  department. 
11547         Section 386. Effective July 1, 2011, all powers, duties, 
11548  functions, records, offices, personnel, property, pending 
11549  issues, and existing contracts, administrative authority, 
11550  administrative rules, and unexpended balances of appropriations, 
11551  allocations, and other funds relating to the Facilities program 
11552  transferred to the Department of Environmental Protection by 
11553  section 1 of this act, and relating to the Division of 
11554  Facilities Management and Building Construction established 
11555  under s. 20.255(3)(i), Florida Statutes, are transferred to the 
11556  Department of Asset Management by a type two transfer, as 
11557  defined in s. 20.06(1), Florida Statutes. 
11558         Section 387. Except as otherwise expressly provided in this 
11559  act, this act shall take effect July 1, 2010.