Bill Text: FL S7052 | 2011 | Regular Session | Introduced
Bill Title: Obsolete References and Programs
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-02-23 - Submit as committee bill by Commerce and Tourism (SB 1346) [S7052 Detail]
Download: Florida-2011-S7052-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7052 FOR CONSIDERATION By the Committee on Commerce and Tourism 577-01887-11 20117052__ 1 A bill to be entitled 2 An act relating to obsolete references and programs; 3 amending s. 14.2015, F.S.; removing an obsolete 4 reference to the Department of Commerce; amending s. 5 20.18, F.S.; updating a reference to the Department of 6 Commerce to refer instead to the Office of Tourism, 7 Trade, and Economic Development; amending s. 45.031, 8 F.S.; removing an obsolete reference to the Department 9 of Labor and Employment Security; amending s. 69.041, 10 F.S.; removing an obsolete reference to the Department 11 of Labor and Employment Security; amending s. 112.044, 12 F.S.; removing obsolete references to the Department 13 of Labor and Employment Security; amending s. 212.20, 14 F.S.; conforming cross-references to changes made by 15 the act; amending s. 252.85, F.S.; updating a 16 reference to the Department of Labor and Employment 17 Security; amending s. 252.87, F.S.; removing a 18 reference to the Department of Labor and Employment 19 Security; amending s. 252.937, F.S.; removing a 20 reference to the Department of Labor and Employment 21 Security; amending s. 287.09431, F.S.; updating 22 references to the Department of Labor and Employment 23 Security; amending s. 287.09451, F.S.; removing 24 references to the Department of Labor and Employment 25 Security; amending s. 287.0947, F.S.; removing a 26 reference to the Department of Labor and Employment 27 Security; correcting a cross-reference; amending s. 28 288.021, F.S.; updating a reference to the Department 29 of Labor and Employment Security; amending s. 288.035, 30 F.S.; removing a reference to the Department of 31 Commerce; repealing s. 288.038, F.S., relating to 32 agreements of the Department of Labor and Employment 33 Security with county tax collectors; repealing s. 34 288.1162, F.S., relating to professional sports 35 franchises; repealing s. 288.1168, F.S., relating to 36 the professional golf hall of fame facility; amending 37 s. 288.1229, F.S.; removing a reference to the 38 Department of Commerce; amending s. 288.1169, F.S.; 39 updating references to the Department of Commerce; 40 amending s. 331.369, F.S.; updating references to the 41 Workforce Development Board of Enterprise Florida, 42 Inc.; amending s. 377.711, F.S.; removing a reference 43 to the Department of Commerce; providing for standard 44 compact provisions regarding recommendations by the 45 Southern States Energy Board; amending s. 377.712, 46 F.S.; clarifying provisions governing participation in 47 the compact by the state and its agencies; amending s. 48 409.2576, F.S.; removing references to the Department 49 of Labor and Employment Security; amending s. 414.24, 50 F.S.; updating references to the Department of Labor 51 and Employment Security; amending s. 414.40, F.S.; 52 updating provisions governing the Stop Inmate Fraud 53 Program; updating a reference to the Department of 54 Labor and Employment Security; amending s. 440.385, 55 F.S.; updating a reference to the Department of Labor 56 and Employment Security; removing obsolete provisions; 57 amending s. 440.49, F.S.; removing a reference to the 58 Department of Labor and Employment Security; removing 59 obsolete provisions; repealing s. 446.60, F.S., 60 relating to assistance for displaced local exchange 61 telecommunications company workers; amending s. 62 450.161, F.S.; updating a reference to the Division of 63 Jobs and Benefits; amending s. 464.203, F.S.; updating 64 a reference to the Enterprise Florida Jobs and 65 Education Partnership Grant; amending s. 489.1455, 66 F.S.; updating a reference to the Department of Labor 67 and Employment Security; amending s. 489.5335, F.S.; 68 updating a reference to the Department of Labor and 69 Employment Security; amending s. 553.62, F.S.; 70 removing a reference to the Department of Labor and 71 Employment Security; amending s. 597.006, F.S.; 72 removing a reference to the Department of Labor and 73 Employment Security; amending s. 944.012, F.S.; 74 updating a reference to the Florida State Employment 75 Service; amending s. 944.708, F.S.; removing a 76 reference to the Agency for Workforce Innovation; 77 repealing ss. 255.551-255.563, F.S., relating to the 78 asbestos management program; repealing s. 79 469.003(2)(b), F.S., relating to obsolete provisions 80 governing the licensure of asbestos surveyors; 81 providing an effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. Subsection (8) of section 14.2015, Florida 86 Statutes, is amended to read: 87 14.2015 Office of Tourism, Trade, and Economic Development; 88 creation; powers and duties.— 89 (8) The Office of Tourism, Trade, and Economic Development 90 shall ensure that the contract between the Florida Commission on 91 Tourism and the commission’s direct-support organization 92 contains a provision to provide the data on the visitor counts 93 and visitor profiles used in revenue estimating, employing the94same methodology used in fiscal year 1995-1996 by the Department95of Commerce. The Office of Tourism, Trade, and Economic 96 Development and the Florida Commission on Tourism must advise 97 and consult with the Consensus Estimating Conference principals 98 before making any changes in methodology used or information 99 gathered. 100 Section 2. Subsection (4) of section 20.18, Florida 101 Statutes, is amended to read: 102 20.18 Department of Community Affairs.—There is created a 103 Department of Community Affairs. 104 (4) In addition to its other powers, duties, and functions, 105 the department shall, under the general supervision of the 106 secretary and the Interdepartmental Coordinating Council on 107 Community Services, assist and encourage the development of 108 state programs by the various departments for the productive use 109 of human resources, and the department shall work with other 110 state agencies in order that together they might: 111 (a) Effect the coordination, by the responsible agencies of 112 the state, of the career and adult educational programs of the 113 state in order to provide the maximum use and meaningful 114 employment of persons completing courses of study from such 115 programs; 116 (b) Assist the Office of Tourism, Trade, and Economic 117 DevelopmentDepartment of Commercein the development of 118 employment opportunities; and 119 (c) Improve the enforcement of special district reporting 120 requirements and the communication among state agencies that 121 receive mandatory reports from special districts. 122 Section 3. Paragraph (a) of subsection (7) of section 123 45.031, Florida Statutes, is amended to read: 124 45.031 Judicial sales procedure.—In any sale of real or 125 personal property under an order or judgment, the procedures 126 provided in this section and ss. 45.0315-45.035 may be followed 127 as an alternative to any other sale procedure if so ordered by 128 the court. 129 (7) DISBURSEMENTS OF PROCEEDS.— 130 (a) On filing a certificate of title, the clerk shall 131 disburse the proceeds of the sale in accordance with the order 132 or final judgment and shall file a report of such disbursements 133 and serve a copy of it on each party, and on the Department of 134 Revenue if the department was named as a defendant in the action 135 or if the Agency for Workforce Innovationor the former136Department of Labor and Employment Securitywas named as a 137 defendant while the Department of Revenue was providing 138 unemployment tax collection services under contract with the 139 Agency for Workforce Innovation through an interagency agreement 140 pursuant to s. 443.1316. 141 Section 4. Paragraph (a) of subsection (4) of section 142 69.041, Florida Statutes, is amended to read: 143 69.041 State named party; lien foreclosure, suit to quiet 144 title.— 145 (4)(a) The Department of Revenue has the right to 146 participate in the disbursement of funds remaining in the 147 registry of the court after distribution pursuant to s. 148 45.031(7). The department shall participate in accordance with 149 applicable procedures in any mortgage foreclosure action in 150 which the department has a duly filed tax warrant, or interests 151 under a lien arising from a judgment, order, or decree for 152 support, as defined in s. 409.2554, or interest in an 153 unemployment compensation tax lien under contract with the 154 Agency for Workforce Innovation through an interagency agreement 155 pursuant to s. 443.1316, against the subject property and with 156 the same priority, regardless of whether a default against the 157 department or,the Agency for Workforce Innovation, or the158former Department of Labor and Employment Securityhas been 159 entered for failure to file an answer or other responsive 160 pleading. 161 Section 5. Paragraph (d) of subsection (2) and subsection 162 (5) of section 112.044, Florida Statutes, are amended to read: 163 112.044 Public employers, employment agencies, labor 164 organizations; discrimination based on age prohibited; 165 exceptions; remedy.— 166 (2) DEFINITIONS.—For the purpose of this act: 167(d) “Department” means the Department of Labor and168Employment Security.169 (5) NOTICE TO BE POSTED.—Each employer, employment agency, 170 and labor organization shall post and keep posted in conspicuous 171 places upon its premises noticesa notice to be prepared or172approved by the department setting forth such information as173 required by the United States Department of Labor and the Equal 174 Employment Opportunity Commissiondepartment deems appropriate175to effectuate the purposes of this act. 176 Section 6. Paragraph (d) of subsection (6) of section 177 212.20, Florida Statutes, is amended to read: 178 212.20 Funds collected, disposition; additional powers of 179 department; operational expense; refund of taxes adjudicated 180 unconstitutionally collected.— 181 (6) Distribution of all proceeds under this chapter and s. 182 202.18(1)(b) and (2)(b) shall be as follows: 183 (d) The proceeds of all other taxes and fees imposed 184 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 185 and (2)(b) shall be distributed as follows: 186 1. In any fiscal year, the greater of $500 million, minus 187 an amount equal to 4.6 percent of the proceeds of the taxes 188 collected pursuant to chapter 201, or 5.2 percent of all other 189 taxes and fees imposed pursuant to this chapter or remitted 190 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 191 monthly installments into the General Revenue Fund. 192 2. After the distribution under subparagraph 1., 8.814 193 percent of the amount remitted by a sales tax dealer located 194 within a participating county pursuant to s. 218.61 shall be 195 transferred into the Local Government Half-cent Sales Tax 196 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 197 transferred shall be reduced by 0.1 percent, and the department 198 shall distribute this amount to the Public Employees Relations 199 Commission Trust Fund less $5,000 each month, which shall be 200 added to the amount calculated in subparagraph 3. and 201 distributed accordingly. 202 3. After the distribution under subparagraphs 1. and 2., 203 0.095 percent shall be transferred to the Local Government Half 204 cent Sales Tax Clearing Trust Fund and distributed pursuant to 205 s. 218.65. 206 4. After the distributions under subparagraphs 1., 2., and 207 3., 2.0440 percent of the available proceeds shall be 208 transferred monthly to the Revenue Sharing Trust Fund for 209 Counties pursuant to s. 218.215. 210 5. After the distributions under subparagraphs 1., 2., and 211 3., 1.3409 percent of the available proceeds shall be 212 transferred monthly to the Revenue Sharing Trust Fund for 213 Municipalities pursuant to s. 218.215. If the total revenue to 214 be distributed pursuant to this subparagraph is at least as 215 great as the amount due from the Revenue Sharing Trust Fund for 216 Municipalities and the former Municipal Financial Assistance 217 Trust Fund in state fiscal year 1999-2000, no municipality shall 218 receive less than the amount due from the Revenue Sharing Trust 219 Fund for Municipalities and the former Municipal Financial 220 Assistance Trust Fund in state fiscal year 1999-2000. If the 221 total proceeds to be distributed are less than the amount 222 received in combination from the Revenue Sharing Trust Fund for 223 Municipalities and the former Municipal Financial Assistance 224 Trust Fund in state fiscal year 1999-2000, each municipality 225 shall receive an amount proportionate to the amount it was due 226 in state fiscal year 1999-2000. 227 6. Of the remaining proceeds: 228 a. In each fiscal year, the sum of $29,915,500 shall be 229 divided into as many equal parts as there are counties in the 230 state, and one part shall be distributed to each county. The 231 distribution among the several counties must begin each fiscal 232 year on or before January 5th and continue monthly for a total 233 of 4 months. If a local or special law required that any moneys 234 accruing to a county in fiscal year 1999-2000 under the then 235 existing provisions of s. 550.135 be paid directly to the 236 district school board, special district, or a municipal 237 government, such payment must continue until the local or 238 special law is amended or repealed. The state covenants with 239 holders of bonds or other instruments of indebtedness issued by 240 local governments, special districts, or district school boards 241 before July 1, 2000, that it is not the intent of this 242 subparagraph to adversely affect the rights of those holders or 243 relieve local governments, special districts, or district school 244 boards of the duty to meet their obligations as a result of 245 previous pledges or assignments or trusts entered into which 246 obligated funds received from the distribution to county 247 governments under then-existing s. 550.135. This distribution 248 specifically is in lieu of funds distributed under s. 550.135 249 before July 1, 2000. 250 b. The department shall distribute $166,667 monthly 251 pursuant to chapter 88-226, Laws of Florida,s.288.1162to each 252 applicant certified as a facility for a new or retained 253 professional sports franchise pursuant to chapter 88-226, Laws 254 of Floridas.288.1162. Up to $41,667 shall be distributed 255 monthly by the department to each certified applicant as defined 256 in s. 288.11621 for a facility for a spring training franchise. 257 However, not more than $416,670 may be distributed monthly in 258 the aggregate to all certified applicants for facilities for 259 spring training franchises. Distributions begin 60 days after 260 such certification and continue for not more than 30 years, 261 except as otherwise provided in s. 288.11621. A certified 262 applicant identified in this sub-subparagraph may not receive 263 more in distributions than expended by the applicant for the 264 public purposes provided for in chapter 88-226, Laws of Florida, 265s.288.1162(5)or s. 288.11621(3). 266 c. Beginning 30 days after notice by the Office of Tourism, 267 Trade, and Economic Development to the Department of Revenue 268 that an applicant has been certified as the professional golf 269 hall of fame pursuant to chapter 93-233, Laws of Florida,s.270288.1168and is open to the public, $166,667 shall be 271 distributed monthly, for up to 300 months, to the applicant. 272 d. Beginning 30 days after notice by the Office of Tourism, 273 Trade, and Economic Development to the Department of Revenue 274 that the applicant has been certified as the International Game 275 Fish Association World Center facility pursuant to s. 288.1169, 276 and the facility is open to the public, $83,333 shall be 277 distributed monthly, for up to 168 months, to the applicant. 278 This distribution is subject to reduction pursuant to s. 279 288.1169. A lump sum payment of $999,996 shall be made, after 280 certification and before July 1, 2000. 281 7. All other proceeds must remain in the General Revenue 282 Fund. 283 Section 7. Subsection (1) of section 252.85, Florida 284 Statutes, is amended to read: 285 252.85 Fees.— 286 (1) Any owner or operator of a facility required under s. 287 302 or s. 312 of EPCRA, or by s. 252.87, to submit a 288 notification or an annual inventory form to the commission shall 289 be required to pay an annual registration fee. The fee for any 290 company, including all facilities under common ownership or 291 control, shall not be less than $25 nor more than $2,000. The 292 department shall establish a reduced fee, of not less than $25 293 nor more than $500, applicable to any owner or operator 294 regulated under part I of chapter 368, chapter 527, or s. 295 376.303, which does not have present any extremely hazardous 296 substance, as defined by EPCRA, in excess of a threshold 297 planning quantity, as established by EPCRA. The department shall 298 establish a reduced fee of not less than $25 nor more than 299 $1,000, applicable to any owner or operator of a facility with a 300 Standard Industrial Classification Code of 01, 02, or 07, which 301 is eligible for the “routine agricultural use” exemption 302 provided in ss. 311 and 312 of EPCRA. The fee under this 303 subsection shall be based on the number of employees employed 304 within the state at facilities under the common ownership or 305 control of such owner or operator, which number shall be 306 determined, to the extent possible, in accordance with data 307 supplied by the Agency for Workforce Innovation or its tax 308 collection service providerDepartment of Labor and Employment309Security. In order to avoid the duplicative reporting of 310 seasonal and temporary agricultural employees, fees applicable 311 to owners or operators of agricultural facilities, which are 312 eligible for the “routine agricultural use” reporting exemption 313 provided in ss. 311 and 312 of EPCRA, shall be based on employee 314 data which most closely reflects such owner or operator’s 315 permanent nonseasonal workforce. The department shall establish 316 by rule the date by which the fee is to be paid, as well as a 317 formula or method of determining the applicable fee under this 318 subsection without regard to the number of facilities under 319 common ownership or control. The department may require owners 320 or operators of multiple facilities to demonstrate common 321 ownership or control for purposes of this subsection. 322 Section 8. Subsection (7) of section 252.87, Florida 323 Statutes, is amended to read: 324 252.87 Supplemental state reporting requirements.— 325 (7) The department shall avoid duplicative reporting 326 requirements by utilizing the reporting requirements of other 327 state agencies that regulate hazardous materials to the extent 328 feasible and shall request the information authorized under 329 EPCRA. With the advice and consent of the State Emergency 330 Response Commission for Hazardous Materials, the department may 331 require by rule that the maximum daily amount entry on the 332 chemical inventory report required under s. 312 of EPCRA provide 333 for reporting in estimated actual amounts. The department may 334 also require by rule an entry for the Federal Employer 335 Identification Number on this report. To the extent feasible, 336 the department shall encourage and accept required information 337 in a form initiated through electronic data interchange and 338 shall describe by rule the format, manner of execution, and 339 method of electronic transmission necessary for using such form. 340 To the extent feasible, the Department of Financial Services, 341 the Department of Agriculture and Consumer Services, the 342 Department of Environmental Protection, the Public Service 343 Commission, the Department of Revenue,the Department of Labor344and Employment Security,and other state agencies which regulate 345 hazardous materials shall coordinate with the department in 346 order to avoid duplicative requirements contained in each 347 agency’s respective reporting or registration forms. The other 348 state agencies that inspect facilities storing hazardous 349 materials and suppliers and distributors of covered substances 350 shall assist the department in informing the facility owner or 351 operator of the requirements of this part. The department shall 352 provide the other state agencies with the necessary information 353 and materials to inform the owners and operators of the 354 requirements of this part to ensure that the budgets of these 355 agencies are not adversely affected. 356 Section 9. Subsection (2) of section 252.937, Florida 357 Statutes, is amended to read: 358 252.937 Department powers and duties.— 359 (2) To ensure that this program is self-supporting, the 360 department shall provide administrative support, including 361 staff, facilities, materials, and services to implement this 362 part for specified stationary sources subject to s. 252.939 and 363 shall provide necessary funding to local emergency planning 364 committees and county emergency management agencies for work 365 performed to implement this part. Each state agency with 366 regulatory, inspection, or technical assistance programs for 367 specified stationary sources subject to this part shall enter 368 into a memorandum of understanding with the department which 369 specifically outlines how each agency’s staff, facilities, 370 materials, and services will be utilized to support 371 implementation. At a minimum, these agencies and programs 372 include: the Department of Environmental Protection’s Division 373 of Air Resources Management and Division of Water Resource 374 Management, and the Department of Labor and Employment375Security’s Division of Safety. It is the Legislature’s intent to 376 implement this part as efficiently and economically as possible, 377 using existing expertise and resources, if available and 378 appropriate. 379 Section 10. Section 287.09431, Florida Statutes, is amended 380 to read: 381 287.09431 Statewide and interlocal agreement on 382 certification of business concerns for the status of minority 383 business enterprise.—The statewide and interlocal agreement on 384 certification of business concerns for the status of minority 385 business enterprise is hereby enacted and entered into with all 386 jurisdictions or organizations legally joining therein. If, 387 within 2 years from the date that the certification core 388 criteria are approved by the Department of Management Services 389Department of Labor and Employment Security, the agreement 390 included herein is not executed by a majority of county and 391 municipal governing bodies that administer a minority business 392 assistance program on the effective date of this act, then the 393 Legislature shall review this agreement. It is the intent of the 394 Legislature that if the agreement is not executed by a majority 395 of the requisite governing bodies, then a statewide uniform 396 certification process should be adopted, and that said agreement 397 should be repealed and replaced by a mandatory state government 398 certification process. 399 400 ARTICLE I 401 402 PURPOSE, FINDINGS, AND POLICY.— 403 (1) The parties to this agreement, desiring by common 404 action to establish a uniform certification process in order to 405 reduce the multiplicity of applications by business concerns to 406 state and local governmental programs for minority business 407 assistance, declare that it is the policy of each of them, on 408 the basis of cooperation with one another, to remedy social and 409 economic disadvantage suffered by certain groups, resulting in 410 their being historically underutilized in ownership and control 411 of commercial enterprises. Thus, the parties seek to address 412 this history by increasing the participation of the identified 413 groups in opportunities afforded by government procurement. 414 (2) The parties find that the State of Florida presently 415 certifies firms for participation in the minority business 416 assistance programs of the state. The parties find further that 417 some counties, municipalities, school boards, special districts, 418 and other divisions of local government require a separate, yet 419 similar, and in most cases redundant certification in order for 420 businesses to participate in the programs sponsored by each 421 government entity. 422 (3) The parties find further that this redundant 423 certification has proven to be unduly burdensome to the 424 minority-owned firms intended to benefit from the underlying 425 purchasing incentives. 426 (4) The parties agree that: 427 (a) They will facilitate integrity, stability, and 428 cooperation in the statewide and interlocal certification 429 process, and in other elements of programs established to assist 430 minority-owned businesses. 431 (b) They shall cooperate with agencies, organizations, and 432 associations interested in certification and other elements of 433 minority business assistance. 434 (c) It is the purpose of this agreement to provide for a 435 uniform process whereby the status of a business concern may be 436 determined in a singular review of the business information for 437 these purposes, in order to eliminate any undue expense, delay, 438 or confusion to the minority-owned businesses in seeking to 439 participate in the minority business assistance programs of 440 state and local jurisdictions. 441 442 ARTICLE II 443 444 DEFINITIONS.—As used in this agreement and contracts made 445 pursuant to it, unless the context clearly requires otherwise: 446 (1) “Awarding organization” means any political subdivision 447 or organization authorized by law, ordinance, or agreement to 448 enter into contracts and for which the governing body has 449 entered into this agreement. 450 (2) “Department” means the Department of Management 451 ServicesDepartment of Labor and Employment Security. 452 (3) “Minority” means a person who is a lawful, permanent 453 resident of the state, having origins in one of the minority 454 groups as described and adopted by the Department of Management 455 ServicesDepartment of Labor and Employment Security, hereby 456 incorporated by reference. 457 (4) “Minority business enterprise” means any small business 458 concern as defined in subsection (6) that meets all of the 459 criteria described and adopted by the Department of Management 460 ServicesDepartment of Labor and Employment Security, hereby 461 incorporated by reference. 462 (5) “Participating state or local organization” means any 463 political subdivision of the state or organization designated by 464 such that elects to participate in the certification process 465 pursuant to this agreement, which has been approved according to 466 s. 287.0943(3) and has legally entered into this agreement. 467 (6) “Small business concern” means an independently owned 468 and operated business concern which is of a size and type as 469 described and adopted by vote related to this agreement of the 470 commission, hereby incorporated by reference. 471 472 ARTICLE III 473 474 STATEWIDE AND INTERLOCAL CERTIFICATIONS.— 475 (1) All awarding organizations shall accept a certification 476 granted by any participating organization which has been 477 approved according to s. 287.0943(3) and has entered into this 478 agreement, as valid status of minority business enterprise. 479 (2) A participating organization shall certify a business 480 concern that meets the definition of minority business 481 enterprise in this agreement, in accordance with the duly 482 adopted eligibility criteria. 483 (3) All participating organizations shall issue notice of 484 certification decisions granting or denying certification to all 485 other participating organizations within 14 days of the 486 decision. Such notice may be made through electronic media. 487 (4) No certification will be granted without an onsite 488 visit to verify ownership and control of the prospective 489 minority business enterprise, unless verification can be 490 accomplished by other methods of adequate verification or 491 assessment of ownership and control. 492 (5) The certification of a minority business enterprise 493 pursuant to the terms of this agreement shall not be suspended, 494 revoked, or otherwise impaired except on any grounds which would 495 be sufficient for revocation or suspension of a certification in 496 the jurisdiction of the participating organization. 497 (6) The certification determination of a party may be 498 challenged by any other participating organization by the 499 issuance of a timely written notice by the challenging 500 organization to the certifying organization’s determination 501 within 10 days of receiving notice of the certification 502 decision, stating the grounds therefor. 503 (7) The sole accepted grounds for challenge shall be the 504 failure of the certifying organization to adhere to the adopted 505 criteria or the certifying organization’s rules or procedures, 506 or the perpetuation of a misrepresentation or fraud by the firm. 507 (8) The certifying organization shall reexamine its 508 certification determination and submit written notice to the 509 applicant and the challenging organization of its findings 510 within 30 days after the receipt of the notice of challenge. 511 (9) If the certification determination is affirmed, the 512 challenging agency may subsequently submit timely written notice 513 to the firm of its intent to revoke certification of the firm. 514 515 ARTICLE IV 516 517 APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement 518 shall be construed to repeal or otherwise modify any ordinance, 519 law, or regulation of a party relating to the existing minority 520 business assistance provisions and procedures by which minority 521 business enterprises participate therein. 522 523 ARTICLE V 524 525 TERM.—The term of the agreement shall be 5 years, after 526 which it may be reexecuted by the parties. 527 528 ARTICLE VI 529 530 AGREEMENT EVALUATION.—The designated state and local 531 officials may meet from time to time as a group to evaluate 532 progress under the agreement, to formulate recommendations for 533 changes, or to propose a new agreement. 534 535 ARTICLE VII 536 537 OTHER ARRANGEMENTS.—Nothing in this agreement shall be 538 construed to prevent or inhibit other arrangements or practices 539 of any party in order to comply with federal law. 540 541 ARTICLE VIII 542 543 EFFECT AND WITHDRAWAL.— 544 (1) This agreement shall become effective when properly 545 executed by a legal representative of the participating 546 organization, when enacted into the law of the state and after 547 an ordinance or other legislation is enacted into law by the 548 governing body of each participating organization. Thereafter it 549 shall become effective as to any participating organization upon 550 the enactment of this agreement by the governing body of that 551 organization. 552 (2) Any party may withdraw from this agreement by enacting 553 legislation repealing the same, but no such withdrawal shall 554 take effect until one year after the governing body of the 555 withdrawing party has given notice in writing of the withdrawal 556 to the other parties. 557 (3) No withdrawal shall relieve the withdrawing party of 558 any obligations imposed upon it by law. 559 560 ARTICLE IX 561 562 FINANCIAL RESPONSIBILITY.— 563 (1) A participating organization shall not be financially 564 responsible or liable for the obligations of any other 565 participating organization related to this agreement. 566 (2) The provisions of this agreement shall constitute 567 neither a waiver of any governmental immunity under Florida law 568 nor a waiver of any defenses of the parties under Florida law. 569 The provisions of this agreement are solely for the benefit of 570 its executors and not intended to create or grant any rights, 571 contractual or otherwise, to any person or entity. 572 573 ARTICLE X 574 575 VENUE AND GOVERNING LAW.—The obligations of the parties to 576 this agreement are performable only within the county where the 577 participating organization is located, and statewide for the 578 Office of Supplier Diversity, and venue for any legal action in 579 connection with this agreement shall lie, for any participating 580 organization except the Office of Supplier Diversity, 581 exclusively in the county where the participating organization 582 is located. This agreement shall be governed by and construed in 583 accordance with the laws and court decisions of the state. 584 585 ARTICLE XI 586 587 CONSTRUCTION AND SEVERABILITY.—This agreement shall be 588 liberally construed so as to effectuate the purposes thereof. 589 The provisions of this agreement shall be severable and if any 590 phrase, clause, sentence, or provision of this agreement is 591 declared to be contrary to the State Constitution or the United 592 States Constitution, or the application thereof to any 593 government, agency, person, or circumstance is held invalid, the 594 validity of the remainder of this agreement and the 595 applicability thereof to any government, agency, person, or 596 circumstance shall not be affected thereby. If this agreement 597 shall be held contrary to the State Constitution, the agreement 598 shall remain in full force and effect as to all severable 599 matters. 600 Section 11. Paragraphs (h) and (o) of subsection (4) of 601 section 287.09451, Florida Statutes, are amended to read: 602 287.09451 Office of Supplier Diversity; powers, duties, and 603 functions.— 604 (4) The Office of Supplier Diversity shall have the 605 following powers, duties, and functions: 606 (h) To develop procedures to investigate complaints against 607 minority business enterprises or contractors alleged to violate 608 any provision related to this section or s. 287.0943, that may 609 include visits to worksites or business premises, and to refer 610 all information on businesses suspected of misrepresenting 611 minority status to the Department of Management Services for 612 investigation. When an investigation is completed and there is 613 reason to believe that a violation has occurred,the Department614of Labor and Employment Security shall referthe matter shall be 615 referred to the office of the Attorney General, Department of 616 Legal Affairs, for prosecution. 617 (o)1. To establish a system to record and measure the use 618 of certified minority business enterprises in state contracting. 619 This system shall maintain information and statistics on 620 certified minority business enterprise participation, awards, 621 dollar volume of expenditures and agency goals, and other 622 appropriate types of information to analyze progress in the 623 access of certified minority business enterprises to state 624 contracts and to monitor agency compliance with this section. 625 Such reporting must include, but is not limited to, the 626 identification of all subcontracts in state contracting by 627 dollar amount and by number of subcontracts and the 628 identification of the utilization of certified minority business 629 enterprises as prime contractors and subcontractors by dollar 630 amounts of contracts and subcontracts, number of contracts and 631 subcontracts, minority status, industry, and any conditions or 632 circumstances that significantly affected the performance of 633 subcontractors. Agencies shall report their compliance with the 634 requirements of this reporting system at least annually and at 635 the request of the office. All agencies shall cooperate with the 636 office in establishing this reporting system. Except in 637 construction contracting, all agencies shall review contracts 638 costing in excess of CATEGORY FOUR as defined in s. 287.017 to 639 determine if such contracts could be divided into smaller 640 contracts to be separately solicited and awarded, and shall, 641 when economical, offer such smaller contracts to encourage 642 minority participation. 643 2. To report agency compliance with the provisions of 644 subparagraph 1. for the preceding fiscal year to the Governor 645 and Cabinet, the President of the Senate, and the Speaker of the 646 House of Representatives, and the secretary of the Department of647Labor and Employment Securityon or before February 1 of each 648 year. The report must contain, at a minimum, the following: 649 a. Total expenditures of each agency by industry. 650 b. The dollar amount and percentage of contracts awarded to 651 certified minority business enterprises by each state agency. 652 c. The dollar amount and percentage of contracts awarded 653 indirectly to certified minority business enterprises as 654 subcontractors by each state agency. 655 d. The total dollar amount and percentage of contracts 656 awarded to certified minority business enterprises, whether 657 directly or indirectly, as subcontractors. 658 e. A statement and assessment of good faith efforts taken 659 by each state agency. 660 f. A status report of agency compliance with subsection 661 (6), as determined by the Minority Business Enterprise Office. 662 Section 12. Subsections (1) and (5) of section 287.0947, 663 Florida Statutes, are amended to read: 664 287.0947 Florida Advisory Council on Small and Minority 665 Business Development; creation; membership; duties.— 666 (1)On or after October 1, 1996,The Secretary of 667 Management ServicestheDepartment of Labor and Employment668Securitymay create the Florida Advisory Council on Small and 669 Minority Business Development with the purpose of advising and 670 assisting the secretary in carrying out the secretary’s duties 671 with respect to minority businesses and economic and business 672 development. It is the intent of the Legislature that the 673 membership of such council include practitioners, laypersons, 674 financiers, and others with business development experience who 675 can provide invaluable insight and expertise for this state in 676 the diversification of its markets and networking of business 677 opportunities. The council shall initially consist of 19 678 persons, each of whom is or has been actively engaged in small 679 and minority business development, either in private industry, 680 in governmental service, or as a scholar of recognized 681 achievement in the study of such matters. Initially, the council 682 shall consist of members representing all regions of the state 683 and shall include at least one member from each group identified 684 within the definition of “minority person” in s. 288.703(3), 685 considering also gender and nationality subgroups, and shall 686 consist of the following: 687 (a) Four members consisting of representatives of local and 688 federal small and minority business assistance programs or 689 community development programs. 690 (b) Eight members composed of representatives of the 691 minority private business sector, including certified minority 692 business enterprises and minority supplier development councils, 693 among whom at least two shall be women and at least four shall 694 be minority persons. 695 (c) Two representatives of local government, one of whom 696 shall be a representative of a large local government, and one 697 of whom shall be a representative of a small local government. 698 (d) Two representatives from the banking and insurance 699 industry. 700 (e) Two members from the private business sector, 701 representing the construction and commodities industries. 702 (f) The chairperson of the Florida Black Business 703 Investment Board or the chairperson’s designee. 704 705 A candidate for appointment may be considered if eligible to be 706 certified as an owner of a minority business enterprise, or if 707 otherwise qualified under the criteria above. Vacancies may be 708 filled by appointment of the secretary, in the manner of the 709 original appointment. 710 (5) The powers and duties of the council include, but are 711 not limited to: researching and reviewing the role of small and 712 minority businesses in the state’s economy; reviewing issues and 713 emerging topics relating to small and minority business economic 714 development; studying the ability of financial markets and 715 institutions to meet small business credit needs and determining 716 the impact of government demands on credit for small businesses; 717 assessing the implementation of s. 187.201(21)187.201(22), 718 requiring a state economic development comprehensive plan, as it 719 relates to small and minority businesses; assessing the 720 reasonableness and effectiveness of efforts by any state agency 721 or by all state agencies collectively to assist minority 722 business enterprises; and advising the Governor, the secretary, 723 and the Legislature on matters relating to small and minority 724 business development which are of importance to the 725 international strategic planning and activities of this state. 726 Section 13. Subsection (1) of section 288.021, Florida 727 Statutes, is amended to read: 728 288.021 Economic development liaison.— 729 (1) The heads of the Department of Transportation, the 730 Department of Environmental Protection and an additional member 731 appointed by the secretary of the department, the Agency for 732 Workforce Innovationthe Department of Labor and Employment733Security, the Department of Education, the Department of 734 Community Affairs, the Department of Management Services, the 735 Department of Revenue, the Fish and Wildlife Conservation 736 Commission, each water management district, and each Department 737 of Transportation District office shall designate a high-level 738 staff member from within such agency to serve as the economic 739 development liaison for the agency. This person shall report to 740 the agency head and have general knowledge both of the state’s 741 permitting and other regulatory functions and of the state’s 742 economic goals, policies, and programs. This person shall also 743 be the primary point of contact for the agency with the Office 744 of Tourism, Trade, and Economic Development on issues and 745 projects important to the economic development of Florida, 746 including its rural areas, to expedite project review, to ensure 747 a prompt, effective response to problems arising with regard to 748 permitting and regulatory functions, and to work closely with 749 the other economic development liaisons to resolve interagency 750 conflicts. 751 Section 14. Subsection (1) of section 288.035, Florida 752 Statutes, is amended to read: 753 288.035 Economic development activities.— 754 (1) The Florida Public Service Commission may authorize 755 public utilities to recover reasonable economic development 756 expenses. For purposes of this section, recoverable “economic 757 development expenses” are those expenses described in subsection 758 (2) which are consistent with criteria to be established by 759 rules adopted bythe Department of Commerce as of June 30, 1996,760or as those criteria are later modified bythe Office of 761 Tourism, Trade, and Economic Development. 762 Section 15. Section 288.038, Florida Statutes, is repealed. 763 Section 16. Section 288.1162, Florida Statutes, is 764 repealed. 765 Section 17. Section 288.1168, Florida Statutes, is 766 repealed. 767 Section 18. Subsection (7) of section 288.1229, Florida 768 Statutes, is amended to read: 769 288.1229 Promotion and development of sports-related 770 industries and amateur athletics; direct-support organization; 771 powers and duties.— 772 (7) In exercising the power provided in this section, the 773 Office of Tourism, Trade, and Economic Development may authorize 774 and contract with the direct-support organization existing on 775 June 30, 1996, and authorized by the former Florida Department776of Commerce to promote sports-related industries.An appointed777member of the board of directors of such direct-support778organization as of June 30, 1996, may serve the remainder of his779or her unexpired term.780 Section 19. Section 288.1169, Florida Statutes, is amended 781 to read: 782 288.1169 International Game Fish Association World Center 783 facility.— 784 (1) The Office of Tourism, Trade, and Economic Development 785Department of Commerceshall serve as the state agency approving 786 applicants for funding pursuant to s. 212.20 and for certifying 787 the applicant as the International Game Fish Association World 788 Center facility. For purposes of this section, “facility” means 789 the International Game Fish Association World Center, and 790 “project” means the International Game Fish Association World 791 Center and new colocated improvements by private sector concerns 792 who have made cash or in-kind contributions to the facility of 793 $1 million or more. 794 (2) Prior to certifying this facility, the office 795departmentmust determine that: 796 (a) The International Game Fish Association World Center is 797 the only fishing museum, Hall of Fame, and international 798 administrative headquarters in the United States recognized by 799 the International Game Fish Association, and that one or more 800 private sector concerns have committed to donate to the 801 International Game Fish Association land upon which the 802 International Game Fish Association World Center will operate. 803 (b) International Game Fish Association is a not-for-profit 804 Florida corporation that has contracted to construct and operate 805 the facility. 806 (c) The municipality in which the facility is located, or 807 the county if the facility is located in an unincorporated area, 808 has certified by resolution after a public hearing that the 809 facility serves a public purpose. 810 (d) There are existing projections that the International 811 Game Fish Association World Center facility and the colocated 812 facilities of private sector concerns will attract an attendance 813 of more than 1.8 million annually. 814 (e) There is an independent analysis or study, using 815 methodology approved by the officedepartment, which 816 demonstrates that the amount of the revenues generated by the 817 taxes imposed under chapter 212 with respect to the use and 818 operation of the project will exceed $1 million annually. 819 (f) There are existing projections that the project will 820 attract more than 300,000 persons annually who are not residents 821 of the state. 822 (g) The applicant has submitted an agreement to provide 823 $500,000 annually in national and international media promotion 824 of the facility, at the then-current commercial rates, during 825 the period of time that the facility receives funds pursuant to 826 s. 212.20. Failure on the part of the applicant to annually 827 provide the advertising as provided in this paragraph shall 828 result in the termination of the funding as provided in s. 829 212.20. The applicant can discharge its obligation under this 830 paragraph by contracting with other persons, including private 831 sector concerns who participate in the project. 832 (h) Documentation exists that demonstrates that the 833 applicant has provided, and is capable of providing, or has 834 financial or other commitments to provide, more than one-half of 835 the cost incurred or related to the improvements and the 836 development of the facility. 837 (i) The application is signed by senior officials of the 838 International Game Fish Association and is notarized according 839 to Florida law providing for penalties for falsification. 840 (3) The applicant may use funds provided pursuant to s. 841 212.20 for the purpose of paying for the construction, 842 reconstruction, renovation, promotion, or operation of the 843 facility, or to pay or pledge for payment of debt service on, or 844 to fund debt service reserve funds, arbitrage rebate 845 obligations, or other amounts payable with respect to, bonds 846 issued for the construction, reconstruction, or renovation of 847 the facility or for the reimbursement of such costs or by 848 refinancing of bonds issued for such purposes. 849 (4) Upon determining that an applicant is or is not 850 certifiable, the Office of Tourism, Trade, and Economic 851 DevelopmentDepartment of Commerceshall notify the applicant of 852 its status by means of an official letter. If certifiable, the 853 Office of Tourism, Trade, and Economic DevelopmentDepartment of854Commerceshall notify the executive director of the Department 855 of Revenue and the applicant of such certification by means of 856 an official letter granting certification. From the date of such 857 certification, the applicant shall have 5 years to open the 858 facility to the public and notify the Office of Tourism, Trade, 859 and Economic DevelopmentDepartment of Commerceof such opening. 860 The Department of Revenue shall not begin distributing funds 861 until 30 days following notice by the Office of Tourism, Trade, 862 and Economic DevelopmentDepartment of Commercethat the 863 facility is open to the public. 864 (5) The Department of Revenue may audit as provided in s. 865 213.34 to verify that the contributions pursuant to this section 866 have been expended as required by this section. 867 (6) The Office of Tourism, Trade, and Economic Development 868Department of Commercemust recertify every 10 years that the 869 facility is open, that the International Game Fish Association 870 World Center continues to be the only international 871 administrative headquarters, fishing museum, and Hall of Fame in 872 the United States recognized by the International Game Fish 873 Association, and that the project is meeting the minimum 874 projections for attendance or sales tax revenues as required at 875 the time of original certification. If the facility is not 876 recertified during this 10-year review as meeting the minimum 877 projections, then funding shall be abated until certification 878 criteria are met. If the project fails to generate $1 million of 879 annual revenues pursuant to paragraph (2)(e), the distribution 880 of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to 881 an amount equal to $83,333 multiplied by a fraction, the 882 numerator of which is the actual revenues generated and the 883 denominator of which is $1 million. Such reduction remains in 884 effect until revenues generated by the project in a 12-month 885 period equal or exceed $1 million. 886 Section 20. Subsections (2), (4), and (5) of section 887 331.369, Florida Statutes, are amended to read: 888 331.369 Space Industry Workforce Initiative.— 889 (2) Workforce Florida, Inc.,The Workforce Development890Board of Enterprise Florida, Inc., or its successor entity,891 shall coordinate development of a Space Industry Workforce 892 Initiative in partnership with Space Florida, public and private 893 universities, community colleges, and other training providers 894 approved by the board. The purpose of the initiative is to use 895 or revise existing programs and to develop innovative new 896 programs to address the workforce needs of the aerospace 897 industry. 898 (4) Workforce Florida, Inc.,The Workforce Development899Board of Enterprise Florida, Inc., or its successor entity,with 900 the assistance of Space Florida, shall convene representatives 901 from the aerospace industry to identify the priority training 902 and education needs of the industry and to appoint a team to 903 design programs to meet the priority needs. 904 (5) Workforce Florida, Inc.,The Workforce Development905Board of Enterprise Florida, Inc., or its successor entity,as 906 part of its statutorily prescribed annual report to the 907 Legislature, shall provide recommendations for policies, 908 programs, and funding to enhance the workforce needs of the 909 aerospace industry. 910 Section 21. Paragraph (h) of subsection (5) of section 911 377.711, Florida Statutes, is amended to read: 912 377.711 Florida party to Southern States Energy Compact. 913 The Southern States Energy Compact is enacted into law and 914 entered into by the state as a party, and is of full force and 915 effect between the state and any other states joining therein in 916 accordance with the terms of the compact, which compact is 917 substantially as follows: 918 (5) POWERS.—The board shall have the power to: 919 (h) Recommend such changes in, or amendments or additions 920 to, the laws, codes, rules, regulations, administrative 921 procedures and practices, or ordinances of the party states in 922 any of the fields of its interest and competence as in its 923 judgment may be appropriate. Any such recommendation shall be 924 made through the appropriate state agency with due consideration 925 of the desirability of uniformity but shall also give 926 appropriate weight to any special circumstances that may justify 927 variations to meet local conditions.Any such recommendation928shall be made, in the case of Florida, through the Department of929Commerce.930 Section 22. Subsection (3) of section 377.712, Florida 931 Statutes, is amended to read: 932 377.712 Florida participation.— 933 (3) DepartmentsThe department, agencies, and officers of 934 this state, and its subdivisions are authorized to cooperate 935 with the board in the furtherance of any of its activities 936 pursuant to the compact, provided such proposed activities have 937 been made known to, and have the approval of, either the 938 Governor or the Department of Health. 939 Section 23. Subsection (1), paragraph (b) of subsection 940 (3), and subsection (8) of section 409.2576, Florida Statutes, 941 are amended to read: 942 409.2576 State Directory of New Hires.— 943 (1) DIRECTORY CREATED.—The State Directory of New Hires is 944 hereby created and shall be administered by the Department of 945 Revenue or its agent.The Department of Labor and Employment946Security will act as the agent until a date not later than947October 1, 1998.All employers in the state shall furnish a 948 report consistent with subsection (3) for each newly hired or 949 rehired employee unless the employee is employed by a federal or 950 state agency performing intelligence or counterintelligence 951 functions and the head of such agency has determined that 952 reporting pursuant to this section could endanger the safety of 953 the employee or compromise an ongoing investigation or 954 intelligence mission. 955 (3) EMPLOYERS TO FURNISH REPORTS.— 956 (b)Upon termination of the contract with the Department of957Labor and Employment Security, but not later than October 1,9581998,All employers shall furnish a report to the State 959 Directory of New Hires of the state in which the newly hired or 960 rehired employee works. The report required in this section 961 shall be made on a W-4 form or, at the option of the employer, 962 an equivalent form, and can be transmitted magnetically, 963 electronically, by first-class mail, or other methods which may 964 be prescribed by the State Directory. Each report shall include 965 the name, address, date of hire, and social security number of 966 every new and rehired employee and the name, address, and 967 federal employer identification number of the reporting 968 employer. If available, the employer may also include the 969 employee’s date of birth in the report. Multistate employers 970 that report new hire information electronically or magnetically 971 may designate a single state to which it will transmit the above 972 noted report, provided the employer has employees in that state 973 and the employer notifies the Secretary of Health and Human 974 Services in writing to which state the information will be 975 provided. Agencies of the United States Government shall report 976 directly to the National Directory of New Hires. 977 (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later978than October 1, 1997,The State Directory of New Hires must 979 furnish information regarding newly hired or rehired employees 980 to the National Directory of New Hires for matching with the 981 records of other state case registries within 3 business days of 982 entering such information from the employer into the State 983 Directory of New Hires. The State Directory of New Hires shall 984 enter into an agreement with the Agency for Workforce Innovation 985 or its tax collection service providerFlorida Department of986Labor and Employment Securityfor the quarterly reporting to the 987 National Directory of New Hires information on wages and 988 unemployment compensation taken from the quarterly report to the 989 Secretary of Labor, now required by Title III of the Social 990 Security Act, except that no report shall be filed with respect 991 to an employee of a state or local agency performing 992 intelligence or counterintelligence functions, if the head of 993 such agency has determined that filing such a report could 994 endanger the safety of the employee or compromise an ongoing 995 investigation or intelligence mission. 996 Section 24. Section 414.24, Florida Statutes, is amended to 997 read: 998 414.24 Integrated welfare reform and child welfare 999 services.—The department shall develop integrated service 1000 delivery strategies to better meet the needs of families subject 1001 to work activity requirements who are involved in the child 1002 welfare system or are at high risk of involvement in the child 1003 welfare system. To the extent that resources are available, the 1004 department and the Agency for Workforce InnovationDepartment of1005Labor and Employment Securityshall provide funds to one or more 1006 service districts to promote development of integrated, 1007 nonduplicative case management within the department, the Agency 1008 for Workforce InnovationDepartment of Labor and Employment1009Security, other participating government agencies, and community 1010 partners. Alternative delivery systems shall be encouraged which 1011 include well-defined, pertinent outcome measures. Other factors 1012 to be considered shall include innovation regarding training, 1013 enhancement of existing resources, and increased private sector 1014 and business sector participation. 1015 Section 25. Section 414.40, Florida Statutes, is amended to 1016 read: 1017 414.40 Stop Inmate Fraud Program established; guidelines.— 1018 (1) There is created within the Department of Financial 1019 ServicesDepartment of Law Enforcementa Stop Inmate Fraud 1020 Program. 1021 (2) The Department of Financial ServicesDepartment of Law1022Enforcementis directed to implement the Stop Inmate Fraud 1023 Program in accordance with the following guidelines: 1024 (a) The program shall establish procedures for sharing 1025 public records not exempt from the public records law among 1026 social services agencies regarding the identities of persons 1027 incarcerated in state correctional institutions, as defined in 1028 s. 944.02, or in county, municipal, or regional jails or other 1029 detention facilities of local governments under chapter 950 or 1030 chapter 951 who are wrongfully receiving public assistance 1031 benefits or entitlement benefits. 1032 (b) Pursuant to these procedures, the program shall have 1033 access to records containing correctional information not exempt 1034 from the public records law on incarcerated persons which have 1035 been generated as criminal justice information. As used in this 1036 paragraph, the term “record” is defined as provided in s. 1037 943.045(7), and the term “criminal justice information” is 1038 defined as provided in s. 943.045(3). 1039 (c) Database searches shall be conducted of the inmate 1040 population at each correctional institution or other detention 1041 facility. A correctional institution or a detention facility 1042 shall provide the Stop Inmate Fraud Program with the information 1043 necessary to identify persons wrongfully receiving benefits in 1044 the medium requested by the Stop Inmate Fraud Program if the 1045 correctional institution or detention facility maintains the 1046 information in that medium. 1047 (d) Data obtained from correctional institutions or other 1048 detention facilities shall be compared with the client files of 1049 the Department of Children and Family Services, the Agency for 1050 Workforce InnovationDepartment of Labor and Employment1051Security, and other state or local agencies as needed to 1052 identify persons wrongfully obtaining benefits. Data comparisons 1053 shall be accomplished during periods of low information demand 1054 by agency personnel to minimize inconvenience to the agency. 1055 (e) Results of data comparisons shall be furnished to the 1056 appropriate office for use in the county in which the data 1057 originated. The program may provide reports of the data it 1058 obtains to appropriate state, federal, and local government 1059 agencies or governmental entities, including, but not limited 1060 to: 1061 1. The Child Support Enforcement Program of the Department 1062 of Revenue, so that the data may be used as locator information 1063 on persons being sought for purposes of child support. 1064 2. The Social Security Administration, so that the data may 1065 be used to reduce federal entitlement fraud within the state. 1066 (f) Reports by the program to another agency or entity 1067 shall be generated bimonthly, or as otherwise directed, and 1068 shall be designed to accommodate that agency’s or entity’s 1069 particular needs for data. 1070 (g) Only those persons with active cases, or with cases 1071 that were active during the incarceration period, shall be 1072 reported, in order that the funding agency or entity, upon 1073 verification of the data, may take whatever action is deemed 1074 appropriate. 1075 (h) For purposes of program review and analysis, each 1076 agency or entity receiving data from the program shall submit 1077 reports to the program which indicate the results of how the 1078 data was used. 1079 Section 26. Subsection (5) of section 440.385, Florida 1080 Statutes, is amended to read: 1081 440.385 Florida Self-Insurers Guaranty Association, 1082 Incorporated.— 1083 (5) PLAN OF OPERATION.—The association shall operate 1084 pursuant to a plan of operation approved by the board of 1085 directors. The plan of operation must bein effect on January 1,10862002, andapproved by the Department of Financial Services and 1087Department of Labor and Employment Security shall remain in1088effect. However,any amendments to the plan shall not become 1089 effective until approved by the departmentof Financial1090Services. 1091 (a) The purpose of the plan of operation shall be to 1092 provide the association and the board of directors with the 1093 authority and responsibility to establish the necessary programs 1094 and to take the necessary actions to protect against the 1095 insolvency of a member of the association. In addition, the plan 1096 shall provide that the members of the association shall be 1097 responsible for maintaining an adequate Insolvency Fund to meet 1098 the obligations of insolvent members provided for under this act 1099 and shall authorize the board of directors to contract and 1100 employ those persons with the necessary expertise to carry out 1101 this stated purpose.By January 1, 2003,The board of directors 1102 shall submit to the department a proposed plan of operation for 1103 the administration of the association. The department shall 1104 approve the plan by order, consistent with this section. The 1105 department shall approve any amendments to the plan, consistent 1106 with this section, which are determined appropriate to carry out 1107 the duties and responsibilities of the association. 1108 (b) All member employers shall comply with the plan of 1109 operation. 1110 (c) The plan of operation shall: 1111 1. Establish the procedures whereby all the powers and 1112 duties of the association under subsection (3) will be 1113 performed. 1114 2. Establish procedures for handling assets of the 1115 association. 1116 3. Establish the amount and method of reimbursing members 1117 of the board of directors under subsection (2). 1118 4. Establish procedures by which claims may be filed with 1119 the association and establish acceptable forms of proof of 1120 covered claims. Notice of claims to the receiver or liquidator 1121 of the insolvent employer shall be deemed notice to the 1122 association or its agent, and a list of such claims shall be 1123 submitted periodically to the association or similar 1124 organization in another state by the receiver or liquidator. 1125 5. Establish regular places and times for meetings of the 1126 board of directors. 1127 6. Establish procedures for records to be kept of all 1128 financial transactions of the association and its agents and the 1129 board of directors. 1130 7. Provide that any member employer aggrieved by any final 1131 action or decision of the association may appeal to the 1132 department within 30 days after the action or decision. 1133 8. Establish the procedures whereby recommendations of 1134 candidates for the board of directors shall be submitted to the 1135 department. 1136 9. Contain additional provisions necessary or proper for 1137 the execution of the powers and duties of the association. 1138 (d) The plan of operation may provide that any or all of 1139 the powers and duties of the association, except those specified 1140 under subparagraphs (c)1. and 2., be delegated to a corporation, 1141 association, or other organization which performs or will 1142 perform functions similar to those of this association or its 1143 equivalent in two or more states. Such a corporation, 1144 association, or organization shall be reimbursed as a servicing 1145 facility would be reimbursed and shall be paid for its 1146 performance of any other functions of the association. A 1147 delegation of powers or duties under this subsection shall take 1148 effect only with the approval of both the board of directors and 1149 the department and may be made only to a corporation, 1150 association, or organization which extends protection which is 1151 not substantially less favorable and effective than the 1152 protection provided by this section. 1153 Section 27. Paragraph (b) of subsection (9) of section 1154 440.49, Florida Statutes, is amended to read: 1155 440.49 Limitation of liability for subsequent injury 1156 through Special Disability Trust Fund.— 1157 (9) SPECIAL DISABILITY TRUST FUND.— 1158 (b)1. The Special Disability Trust Fund shall be maintained 1159 by annual assessments upon the insurance companies writing 1160 compensation insurance in the state, the commercial self 1161 insurers under ss. 624.462 and 624.4621, the assessable mutuals 1162 as defined in s. 628.6011, and the self-insurers under this 1163 chapter, which assessments shall become due and be paid 1164 quarterly at the same time and in addition to the assessments 1165 provided in s. 440.51. The department shall estimate annually in 1166 advance the amount necessary for the administration of this 1167 subsection and the maintenance of this fund and shall make such 1168 assessment in the manner hereinafter provided. 1169 2. The annual assessment shall be calculated to produce 1170 during the ensuing fiscal year an amount which, when combined 1171 with that part of the balance in the fund on June 30 of the 1172 current fiscal year which is in excess of $100,000, is equal to 1173 the average of: 1174 a. The sum of disbursements from the fund during the 1175 immediate past 3 calendar years, and 1176 b. Two times the disbursements of the most recent calendar 1177 year. 1178 1179 Such amount shall be prorated among the insurance companies 1180 writing compensation insurance in the state and the self 1181 insurers.Provided however, for those carriers that have1182excluded ceded reinsurance premiums from their assessments on or1183before January 1, 2000, no assessments on ceded reinsurance1184premiums shall be paid by those carriers until such time as the1185former Division of Workers’ Compensation of the Department of1186Labor and Employment Security or the department advises each of1187those carriers of the impact that the inclusion of ceded1188reinsurance premiums has on their assessment. The department may1189not recover any past underpayments of assessments levied against1190any carrier that on or before January 1, 2000, excluded ceded1191reinsurance premiums from their assessment prior to the point1192that the former Division of Workers’ Compensation of the1193Department of Labor and Employment Security or the department1194advises of the appropriate assessment that should have been1195paid.1196 3. The net premiums written by the companies for workers’ 1197 compensation in this state and the net premium written 1198 applicable to the self-insurers in this state are the basis for 1199 computing the amount to be assessed as a percentage of net 1200 premiums. Such payments shall be made by each carrier and self 1201 insurer to the department for the Special Disability Trust Fund 1202 in accordance with such regulations as the department 1203 prescribes. 1204 4. The Chief Financial Officer is authorized to receive and 1205 credit to such Special Disability Trust Fund any sum or sums 1206 that may at any time be contributed to the state by the United 1207 States under any Act of Congress, or otherwise, to which the 1208 state may be or become entitled by reason of any payments made 1209 out of such fund. 1210 Section 28. Section 446.60, Florida Statutes, is repealed. 1211 Section 29. Section 450.161, Florida Statutes, is amended 1212 to read: 1213 450.161 Chapter not to affect career education of children; 1214 other exceptions.—Nothing in this chapter shall prevent minors 1215 of any age from receiving career education furnished by the 1216 United States, this state, or any county or other political 1217 subdivision of this state and duly approved by the Department of 1218 Education or other duly constituted authority, nor any 1219 apprentice indentured under a plan approved by the Department of 1220 EducationDivision of Jobs and Benefits, or prevent the 1221 employment of any minor 14 years of age or older when such 1222 employment is authorized as an integral part of, or supplement 1223 to, such a course in career education and is authorized by 1224 regulations of the district school board of the district in 1225 which such minor is employed, provided the employment is in 1226 compliance with the provisions of ss. 450.021(4) and 450.061. 1227 Exemptions for the employment of student learners 16 to 18 years 1228 of age are provided in s. 450.061. Such an exemption shall apply 1229 when: 1230 (1) The student learner is enrolled in a youth vocational 1231 training program under a recognized state or local educational 1232 authority. 1233 (2) Such student learner is employed under a written 1234 agreement which provides: 1235 (a) That the work of the student learner in the occupation 1236 declared particularly hazardous shall be incidental to the 1237 training. 1238 (b) That such work shall be intermittent and for short 1239 periods of time and under the direct and close supervision of a 1240 qualified and experienced person. 1241 (c) That safety instructions shall be given by the school 1242 and correlated by the employer with on-the-job training. 1243 (d) That a schedule of organized and progressive work 1244 processes to be performed on the job shall have been prepared. 1245 1246 Each such written agreement shall contain the name of the 1247 student learner and shall be signed by the employer, the school 1248 coordinator and principal, and the parent or legal guardian. 1249 Copies of each agreement shall be kept on file by both the 1250 school and the employer. This exemption for the employment of 1251 student learners may be revoked in any individual situation when 1252 it is found that reasonable precautions have not been observed 1253 for the safety of minors employed thereunder. A high school 1254 graduate may be employed in an occupation in which he or she has 1255 completed training as a student learner, as provided in this 1256 section, even though he or she is not yet 18 years of age. 1257 Section 30. Paragraph (d) of subsection (1) of section 1258 464.203, Florida Statutes, is amended to read: 1259 464.203 Certified nursing assistants; certification 1260 requirement.— 1261 (1) The board shall issue a certificate to practice as a 1262 certified nursing assistant to any person who demonstrates a 1263 minimum competency to read and write and successfully passes the 1264 required background screening pursuant to s. 400.215 and meets 1265 one of the following requirements: 1266 (d) Has completed the curriculum developed by the 1267 Department of Educationunderthe Enterprise Florida Jobs and1268Education Partnership Grantand achieved a minimum score, 1269 established by rule of the board, on the nursing assistant 1270 competency examination, which consists of a written portion and 1271 skills-demonstration portion, approved by the board and 1272 administered at a site and by personnel approved by the 1273 department. 1274 Section 31. Subsection (1) of section 489.1455, Florida 1275 Statutes, is amended to read: 1276 489.1455 Journeyman; reciprocity; standards.— 1277 (1) An individual who holds a valid, active journeyman 1278 license in the plumbing/pipe fitting, mechanical, or HVAC trades 1279 issued by any county or municipality in this state may work as a 1280 journeyman in the trade in which he or she is licensed in any 1281 county or municipality of this state without taking an 1282 additional examination or paying an additional license fee, if 1283 he or she: 1284 (a) Has scored at least 70 percent, or after October 1, 1285 1997, at least 75 percent, on a proctored journeyman Block and 1286 Associates examination or other proctored examination approved 1287 by the board for the trade in which he or she is licensed; 1288 (b) Has completed an apprenticeship program registered with 1289 a registration agency defined in 29 C.F.R. 29.2the Department1290of Labor and Employment Securityand demonstrates 4 years’ 1291 verifiable practical experience in the trade for which he or she 1292 is licensed, or demonstrates 6 years’ verifiable practical 1293 experience in the trade for which he or she is licensed; 1294 (c) Has satisfactorily completed specialized and advanced 1295 module coursework approved by the Florida Building Commission, 1296 as part of the building code training program established in s. 1297 553.841, specific to the discipline or, pursuant to 1298 authorization by the certifying authority, provides proof of 1299 completion of such coursework within 6 months after such 1300 certification; and 1301 (d) Has not had a license suspended or revoked within the 1302 last 5 years. 1303 Section 32. Subsection (1) of section 489.5335, Florida 1304 Statutes, is amended to read: 1305 489.5335 Journeyman; reciprocity; standards.— 1306 (1) An individual who holds a valid, active journeyman 1307 license in the electrical trade issued by any county or 1308 municipality in this state may work as a journeyman in any other 1309 county or municipality of this state without taking an 1310 additional examination or paying an additional license fee, if 1311 he or she: 1312 (a) Has scored at least 70 percent, or after October 1, 1313 1997, at least 75 percent, on a proctored journeyman Block and 1314 Associates examination or other proctored examination approved 1315 by the board for the electrical trade; 1316 (b) Has completed an apprenticeship program registered with 1317 a registration agency defined in 29 C.F.R. 29.2the Department1318of Labor and Employment Securityand demonstrates 4 years’ 1319 verifiable practical experience in the electrical trade, or 1320 demonstrates 6 years’ verifiable practical experience in the 1321 electrical trade; 1322 (c) Has satisfactorily completed specialized and advanced 1323 module coursework approved by the Florida Building Commission, 1324 as part of the building code training program established in s. 1325 553.841, specific to the discipline, or, pursuant to 1326 authorization by the certifying authority, provides proof of 1327 completion of such curriculum or coursework within 6 months 1328 after such certification; and 1329 (d) Has not had a license suspended or revoked within the 1330 last 5 years. 1331 Section 33. Section 553.62, Florida Statutes, is amended to 1332 read: 1333 553.62 State standard.—The Occupational Safety and Health 1334 Administration’s excavation safety standards, 29 C.F.R. s. 1335 1926.650 Subpart P, are hereby incorporated as the state 1336 standard.The Department of Labor and Employment Security may,1337by rule, adopt updated or revised versions of those standards,1338provided that the updated or revised versions are consistent1339with the intent expressed in this act and s.553.72, and are not1340otherwise inconsistent with state law. Any rule adopted as1341provided in this section shall be complied with upon its1342effective date.1343 Section 34. Subsection (1) of section 597.006, Florida 1344 Statutes, is amended to read: 1345 597.006 Aquaculture Interagency Coordinating Council.— 1346 (1) CREATION.—The Legislature finds and declares that there 1347 is a need for interagency coordination with regard to 1348 aquaculture by the following agencies: the Department of 1349 Agriculture and Consumer Services; the Office of Tourism, Trade, 1350 and Economic Development; the Department of Community Affairs; 1351 the Department of Environmental Protection;the Department of1352Labor and Employment Security;the Fish and Wildlife 1353 Conservation Commission; the statewide consortium of 1354 universities under the Florida Institute of Oceanography; 1355 Florida Agricultural and Mechanical University; the Institute of 1356 Food and Agricultural Sciences at the University of Florida; and 1357 the Florida Sea Grant Program. It is therefore the intent of the 1358 Legislature to hereby create an Aquaculture Interagency 1359 Coordinating Council to act as an advisory body as defined in s. 1360 20.03(9). 1361 Section 35. Subsection (5) of section 944.012, Florida 1362 Statutes, is amended to read: 1363 944.012 Legislative intent.—The Legislature hereby finds 1364 and declares that: 1365 (5) In order to make the correctional system an efficient 1366 and effective mechanism, the various agencies involved in the 1367 correctional process must coordinate their efforts. Where 1368 possible, interagency offices should be physically located 1369 within major institutions and should include representatives of 1370 the public employment servicethe Florida State Employment1371Service, the vocational rehabilitation programs of the 1372 Department of Education, and the Parole Commission. Duplicative 1373 and unnecessary methods of evaluating offenders must be 1374 eliminated and areas of responsibility consolidated in order to 1375 more economically utilize present scarce resources. 1376 Section 36. Section 944.708, Florida Statutes, is amended 1377 to read: 1378 944.708 Rules.—The Department of Correctionsand the Agency1379for Workforce Innovationshall adopt rules to implement the 1380 provisions of ss. 944.701-944.707. 1381 Section 37. Sections 255.551, 255.552, 255.553, 255.5535, 1382 255.555, 255.556, 255.557, 255.5576, 255.558, 255.559, 255.56, 1383 255.561, 255.562, and 255.563, Florida Statutes, are repealed. 1384 Section 38. Paragraph (b) of subsection (2) of section 1385 469.003, Florida Statutes, is repealed. 1386 Section 39. This act shall take effect July 1, 2011.