The Journal OF THE House of Representatives

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					                          The Journal                                                               OF THE


                        House of Representatives
Number 16                                                                                                                Wednesday, April 26, 2000

  The House was called to order by the Speaker at 9:20 a.m.                           Eggelletion        Heyman           Minton            Smith, C.
                                                                                      Farkas             Hill             Morroni           Smith, K.
Prayer                                                                                Fasano             Jacobs           Murman            Sobel
                                                                                      Feeney             Johnson          Ogles             Sorensen
   The following prayer was offered by the Reverend Jimmie L. Brown
                                                                                      Fiorentino         Jones            Patterson         Spratt
of Ebenezer United Methodist Church of Miami, upon invitation of Rep.
                                                                                      Flanagan           Kelly            Peaden            Stafford
Logan:
                                                                                      Frankel            Kilmer           Posey             Stansel
  Heavenly Father, creator and sustainer of the universe, we thank you                Fuller             Kosmas           Prieguez          Starks
for this day—a day of new challenges, a day of new opportunities, a day               Futch              Kyle             Pruitt            Suarez
that, certainly, none of us has earned, but because you are such a good               Garcia             Lacasa           Putnam            Sublette
God, you gave it to us anyway.                                                        Gay                Lawson           Rayson            Trovillion
                                                                                      Goode              Lee              Reddick           Tullis
  We thank you for this great state, and the leadership that you have
                                                                                      Goodlette          Levine           Ritchie           Turnbull
provided to us Floridians, through them. Continue to bless them that
                                                                                      Gottlieb           Littlefield      Ritter            Villalobos
they may be true to their civic responsibility. Let us not forget to be
mindful of the needs of others, and of the fact that what affects one of              Green, C.          Logan            Roberts           Wallace
us directly affects all of us indirectly. Help us to remember that on this            Greene, A.         Lynn             Rojas             Wasserman Schultz
journey called life, that none of us is an island. Instill in our hearts love         Greenstein         Maygarden        Rubio             Wiles
for each other. Remind all of us that regardless of our differences, as we            Hafner             Melvin           Russell           Wise
run life’s race, we are all members of the human race.                                Harrington         Merchant         Ryan
                                                                                      Hart               Miller, J.       Sanderson
  Endow this distinguished body with the wisdom of Solomon. As they                   Henriquez          Miller, L.       Sembler
debate and deliberate the issues before them, give each of them the
persistence and patience of Job. Help them to be thorough in their                        (A list of excused Members appears at the end of the Journal.)
investigations and factual in their presentations.
                                                                                          A quorum was present.
  Give these elected officials insight without oversight, discernment
without distortion, fairness without favoritism, and a clear conscience               Pledge
without compromise. Help them to cultivate empathy and see that all of
their decisions, even though some may seemingly be small, may have                       The Members, led by Jonathan J. Hukill of Port Orange, Krystan
far-reaching effects and are of great consequence to some.                            Kupiszewski of Dover, DE, Sarah C. Maguire of Ponte Vedra Beach,
                                                                                      Jenna Ann Northcutt of Pace, and Max Moody of Tallahassee, pledged
  Give them the strength of Samson and the tenacity of Esther, to stand               allegiance to the Flag. Jonathan J. Hukill served at the invitation of
tall, even if alone, with the knowledge that it is better to fail or lose in          Rep. Kosmas. Krystan Kupiszewski and Jenna Ann Northcutt served at
something right than to win in something wrong. Guide this body in all                the invitation of the Speaker. Sarah C. Maguire served at the invitation
that they do and in all of the statutes they enact by the power of your               of Rep. Arnall. Max Moody served at the invitation of Rep. Bense.
Holy Spirit. Remind all of us that what we do this day will be reviewed
in the judgment house of the last day. Amen.                                          House Physician
  The following Members were recorded present:                                          The Speaker introduced Dr. Alma Littles of Tallahassee, who served
                                                                                      in the Clinic today upon invitation of Rep. Lawson.
Session Vote Sequence: 259
The Chair          Bense              Brummer             Cosgrove                    Correction of the Journal
Alexander          Betancourt         Bucher              Crady
                                                                                          The Journal of April 25 was corrected and approved as corrected.
Andrews            Bilirakis          Bullard             Crist
Argenio            Bitner             Bush                Crow                        Election of Rep. Susan Bucher
Argenziano         Bloom              Byrd                Detert
Arnall             Boyd               Cantens             Diaz de la Portilla, R.       The Department of State notified the Clerk of the House that Rep.
Bainter            Bradley            Casey               Dockery                     Susan Bucher had been elected on April 25 in a special general election.
Ball               Bronson            Chestnut            Edwards                     Rep. Bucher was elected as a Member from the 86th District, replacing
Barreiro           Brown              Constantine         Effman                      the late Edward J. “Ed” Healey.
                                                                                    773
774                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                  April 26, 2000

Oath of Office Administered                                               III. Consideration of the following bill(s):
                                                                               CS/HB 299 & 231—National World War II Memorial Fund
  The Speaker recognized Rep. Bucher along with members of the Palm            HB 1019—POW & MIA Markers/Rest Areas
Beach Delegation to approach the well, where John B. Phelps, Clerk of          HB 1861—Military Affairs/Direct Support Org.
the House, administered the Oath of Office.                                    HB 2105—High School Diplomas
                                                                               CS/HB 333—Nicholas Isaac Cordero Act
 Rep. Jacobs, Chair of the Palm Beach Delegation, gave brief remarks
welcoming Rep. Bucher.                                                    IV. Continuation of Special Order for Tuesday, April 25, 2000:
  The Speaker welcomed the Honorable Susan Bucher and recognized           V. Consideration of the following bill(s):
her for brief remarks from the well.                                          HCR 2051—Haskell, Edward G., Jr./Clinic
                                                                              HB 2175—Decennial Census Employment
Messages from the Senate                                                      CS/HB 1087 & CS/HB 769—Catastrophic Pharmaceutical Ex-
                                                                              pense
The Honorable John Thrasher, Speaker                                          CS/HB 1941—Cigarettes
                                                                              HB 2087—Charter Schools
  I am directed to inform the House of Representatives that the Senate
                                                                              HB 2269—Political Campaigns
has passed CS for SB 2158 and requests the concurrence of the House.
                                                                              HB 2167—Management Services Department
                                         Faye W. Blanton, Secretary           HB 2245—CFS Department/Rulemaking Authority
                                                                              HB 2251—Education (RAB)
 By the Committee on Banking and Insurance and Senator                        CS/CS/HB 1891—Uniform Electronic Transaction Act
Holzendorf—                                                                   HJR 1899—Tax Exemptions/Airports or Seaports
                                                                              CS/HB 2107—Juvenile Justice Education Programs
  CS for SB 2158—A bill to be entitled An act relating to insurance;
                                                                              HB 2125—Dept. of Children & Family Services
amending s. 626.852, F.S.; providing that part VI of the Florida
                                                                              CS/HB 1953—Telehealth
Insurance Code regulating adjusters does not apply to employees or
                                                                              CS/HB 525—Universities/Tuition & Fees
agents of certain governmental entities; amending s. 627.7295, F.S.;
                                                                              CS/HB 1129—Medicaid Managed Health Care
providing exception to the minimum down-payment requirement for               HB 1655—Insurance Adjusters
motor vehicle insurance policies; providing an effective date.                CS/HB 1677—Children/Secure Facility
 —was read the first time by title and referred to the Calendar of the        CS/HB 827—Designations/Colleges & Universities
                                                                              HB 1869—Public Records/Visitation Centers
House.
                                                                         A quorum of the Committee was present in person, and a majority of
Reports of Councils and Standing Committees                              those present agreed to the above Report.

Report of the Committee on Rules & Calendar                                                              Respectfully submitted,
                                                                                                         Joseph Arnall
Special Orders                                                                                           Chair

The Honorable John Thrasher                            April 24, 2000      On motion by Rep. Arnall, the rules were suspended and the above
Speaker, House of Representatives                                        report was adopted.

                                                                         The Honorable John Thrasher                               April 25, 2000
Mr. Speaker:
                                                                         Speaker, House of Representatives
Your Committee on Rules & Calendar herewith submits as Special
                                                                         Dear Mr. Speaker:
Orders for Wednesday, April 26, 2000. Consideration of the House bills
on Special Orders shall include the Senate Companion measures on the     Your Committee on Rules & Calendar herewith submits as the
House Calendar.                                                          AMENDED Special Orders for the afternoon of Wednesday, April 26,
                                                                         2000: Consideration of the House bills on Special Orders shall include
   I. Consideration of the following bill(s):
                                                                         the Senate Companion measures on the House Calendar.
      HB 2393—Florida Retirement System
      HB 2395—Public Employee Optional Retirement                           I. Time Certain - 1:30 pm - consideration of the following bills:
      HB 2397—Public Employee Disability TF                                    CS/HB 299 & 231—National World War II Memorial Fund
      HB 191—FRS/Average Final Compensation                                    HB 1019—POW & MIA Markers/Rest Areas
      CS/HB 2335—Growth Management                                             HB 1861—Military Affairs/Direct Support Org.
                                                                               HB 2105—High School Diplomas
  II. Continuation of Special Order for Monday, April 24, 2000:                HB 1559—Seminole Water Control District
      HB 497—Florida Prepaid College Program                                   CS/CS/HB 221—Everglades Restoration & Funding
      HB 2307—Child Abuse/Public Records                                       HB 1957—Save Our Everglades Trust Fund/DEP
      HB 1903—Public Records/Abandoned Infants                                 CS/HB 2339—Patient Protection Act of 2000
      HB 2383—Legislative Historic Preservation                                   (CLOSED)
      HB 1943—Shands Jacksonville Healthcare, Inc.                             HB 2125—Dept. of Children & Family Services
      CS/HB 917—Elections                                                      HB 2245—CFS Department/Rulemaking Authority
      CS/CS/HB 601—Aquaculture                                                 CS/CS/HB 1891—Uniform Electronic Transaction Act
      HB 1569—Business Entities/Merger/Conversion                              HB 959—Indigent Hospital Patients
      HB 85—Correctional Facilities                                            CS/HB 1953—Telehealth
      CS/HB 737—District Courts of Appeal                                      CS/HB 1941—Cigarettes
      HB 655—Eminent Domain/Municipalities                                     CS/HB 1037—Public Records/Domestic Violence
      SCR 720—Joint Rules of Legislature                                       CS/HB 1039—Domestic Violence
      CS/HB 541—Life & Health Insurance                                        HB 2087—Charter Schools
      HB 2189—Underground Facilities/Excavation                                CS/HB 2063—Florida On-Line High School
      CS/HB 797—Marine Resources/Illegal Acts                                  CS/HB 1129—Medicaid Managed Health Care
      CS/HB 975—Educational Technology                                         CS/HB 827—Designations/Colleges & Universities
      HB 731—Local Government Audits/Municipality                              CS/HB 525—Universities/Tuition & Fees
April 26, 2000                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      775

  II. Continuation of the unfinished portion of Special Orders and          appropriate Calendar. CS/HB 993 remains referred to the Committee on
      consideration of the following bill(s):                               General Government Appropriations.
      HB 1871—Supervised Family Visitation
                                                                              On motion by Rep. Sublette, agreed to by two-thirds vote, CS/HB 2005
A quorum of the Committee was present in person, and a majority of          and HB 2143 were withdrawn from the Committee on Governmental
those present agreed to the above Report.                                   Operations. CS/HB 2005 remains referred to the Committee on
                                                                            Education Appropriations. HB 2143 remains referred to the Committee
                                 Respectfully submitted,
                                 Joseph Arnall                              on General Government Appropriations.
                                 Chair                                        On motion by Rep. Sublette, agreed to by two-thirds vote, HB 1791
  On motion by Rep. Arnall, the rules were suspended and the above          was withdrawn from the Committee on Governmental Rules &
report was adopted.                                                         Regulations and placed on the appropriate Calendar.

                                                                              On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 531, 1199,
Suspension of Rule 127 for Special Order Calendar
                                                                            1509, 1543, 1547, 1603, 1615, 1629, 1641, 1661, 1663, 1667, 1707, 1709,
  On motion by Rep. L. Miller, Rule 127 was suspended and the Chair         1783, 1787, and 1837 were withdrawn from the Committee on Finance
of the Committee on Rules & Calendar, in consultation with Rep.             & Taxation. HBs 1509, 1543, 1547, 1603, 1615, 1629, 1641, 1661, 1663,
L. Miller, was given permission to set the Special Order Calendar for       1667, 1707, 1709, 1783, 1787, and 1837 were placed on the appropriate
Friday, April 28.                                                           Calendar. HB 531 remains referred to the Committee on Health &
                                                                            Human Services Appropriations. HB 1199 remains referred to the
Parliamentary Inquiry Certified From Committee                              Committee on General Government Appropriations.

   Rep. Arnall, Chair of the Committee on Rules & Calendar, explained         On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 271, 1831,
that Rep. Albright, Chair of the Committee on Finance & Taxation, had       and 2257 and CS/HB 2365 were withdrawn from the Committee on
sent a letter to the Speaker in which he outlined circumstances leading     General Government Appropriations and placed on the appropriate
to an appeal by Rep. Wasserman Schultz of the Chair’s ruling during the     Calendar.
April 24 meeting of the Committee on Finance & Taxation. The appeal
followed a ruling in which an amendment to HB 255, by Rep. Kyle,             On motion by Rep. Pruitt, agreed to by two-thirds vote, CS/HB 685
relating exclusively to a sales-tax exemption for purchase of diapers and   was withdrawn from the Committee on Transportation & Economic
incontinence garments, was ruled not germane. The following                 Development Appropriations and placed on the appropriate Calendar.
parliamentary inquiry had been certified under House Rule 60(b).
                                                                            Motion
  Rep. Arnall: Rule 145(a) states, “The House shall not consider an
                                                                              On motion by Rep. Arnall, Chair of the Committee on Rules &
amendment that relates to a different subject or is intended to
                                                                            Calendar, the rules were suspended and the House moved to the Order
accomplish a different purpose than that of the pending question. . . .”
                                                                            of Business of Special Orders for Wednesday, April 26, before reading
The same rule also states that amendments which “would unreasonably
                                                                            Bills and Joint Resolutions on Third Reading.
alter the nature of the proposal” shall not be considered.

  The purpose of HB 255 is to create a tax exemption for those who          Presentation of Guest
purchase diapers and incontinence garments. The amendment by Rep.            Rep. Reddick introduced Mamadou Diop, Mayor of Dakar, Senegal,
Jacobs and others, which would have removed everything after the            who had been granted the privilege of the floor by the Speaker.
enacting clause, would have left nothing of the original purpose of the
bill (a tax exemption) and would have instead earmarked funds               Special Orders
generated by the tax on diapers and incontinence undergarments to
augment funding for school nurses during the 2000-2001 fiscal year. The        HB 2393—A bill to be entitled An act relating to retirement;
amendment would therefore accomplish a fundamentally different              amending s. 112.65, F.S.; providing that certain benefits under chapter
purpose than that of the original bill. I would recommend that the ruling   121, F.S., shall be considered supplemental benefits; amending s.
of the committee Chair was appropriate and that the amendment was           121.021, F.S.; redefining the term “system” with respect to the Florida
not in order under House Rule 145(a).                                       Retirement System; designating ss. 121.011-121.45, F.S., as part I of
                                                                            chapter 121, F.S.; designating ss. 121.4501-121.571, F.S., as part II of
  The Speaker, upon the recommendation of Rep. Arnall, Chair of the
                                                                            chapter 121, F.S.; creating s. 121.4501, F.S.; directing the State Board
Committee on Rules & Calendar, ruled the amendment out of order.
                                                                            of Administration to establish an optional defined contribution
                                                                            retirement program for members of the Florida Retirement System;
Motions Relating to Committee References                                    providing definitions; providing for eligibility and retirement service
  On motion by Rep. Bitner, agreed to by two-thirds vote, HB 123 was        credit; providing for participation and enrollment; providing for
withdrawn from the Committee on Business Regulation & Consumer              contributions; providing vesting requirements; providing benefits;
Affairs and remains referred to the Committees on Crime &                   providing for administration; providing for investment options or
Punishment, Governmental Rules & Regulations, and Transportation &          products; providing for an education component; providing participant
Economic Development Appropriations.                                        information requirements; providing that advisory committees shall
                                                                            provide advice and assistance; providing for federal requirements;
  On motion by Rep. Bitner, agreed to by two-thirds vote, CS/HB 467         providing an investment policy statement; providing a statement of
was withdrawn from the Committee on Financial Services and placed on        fiduciary standards and responsibilities; providing for disability
the appropriate Calendar.                                                   benefits; providing for social security and health insurance subsidy
                                                                            coverage; creating s. 121.571, F.S.; providing for contributions;
  On motion by Rep. Bradley, agreed to by two-thirds vote, HB 1545 was      amending ss. 121.021, 121.051, 121.0515, 121.052, 121.053, 121.081,
withdrawn from the Committee on Transportation and remains referred         121.1115, 121.1122, 121.121, and 215.32, F.S.; providing that members
to the Committee on Community Affairs.                                      employed in a regularly established position shall be vested after 8 years
  On motion by Rep. Crist, agreed to by two-thirds vote, HB 1521 was        of creditable service; conforming to the act; amending ss. 112.19,
withdrawn from the Committee on Crime & Punishment and remains              112.191, 112.313, 112.665, 154.10, 154.12, 175.361, 185.37, 189.412,
referred to the Committee on Criminal Justice Appropriations.               216.262, 231.36, 238.072, 238.171, 238.175, 240.3195, and 650.05, F.S.;
                                                                            correcting cross references to conform to the act; amending s. 112.363,
  On motion by Rep. Sublette, agreed to by two-thirds vote, CS/HB 993       F.S.; revising language with respect to the retiree health insurance
and HBs 1715, 1719, and 1805 were withdrawn from the Committee on           subsidy to include reference to the optional retirement program;
Community Affairs. HBs 1715, 1719, and 1805 were placed on the              amending s. 121.055, F.S.; increasing the number of personnel that may
776                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                     April 26, 2000

be designated as Senior Management Service Class by local                    Rate Changes
governments; allowing senior management optional annuity program
benefits to be distributed through a direct rollover; providing for          Effective July 1, 2002: 10.95%
funding; providing contribution rates; providing a statement of state        (3) CONTRIBUTIONS TO DISABILITY ACCOUNT.—
purpose; providing future effect for certain provisions; providing a
contingent effective date.                                                    (a) All contributions made on behalf of a participant pursuant to this
                                                                           subsection shall be transferred by the employer to the third-party
  —was read the second time by title.                                      administrator for deposit in the Public Employee Disability Trust Fund
                                                                           administered by the Division of Retirement. Such contributions, less any
  Representative(s) Pruitt offered the following:
                                                                           fees or charges authorized by the Legislature to offset the costs of
(Amendment Bar Code: 184325)                                               administering the disability component of the optional retirement
                                                                           program, shall be used to provide disability coverage for participants in
  Amendment 1—On page 38, line 8 through page 41, line 27                  the optional retirement program.
remove from the bill: all of said lines
                                                                             (b) Disability contributions for Regular Class members of the
and insert in lieu thereof:                                                optional retirement plan are as follows:
  (2) CONTRIBUTIONS TO PARTICIPANTS’ ACCOUNTS.—                              Dates of Contribution Employers
Employer and participant contributions to participant accounts shall be
accounted for separately. Interest and investment earnings on employer       Rate Changes
contributions shall accrue on a tax-deferred basis until proceeds are
distributed. Pursuant thereto:                                               Effective July 1, 2002: 0.39%

  (a) All contributions made on behalf of a participant pursuant to this     (c) Disability contribution for Special Risk Class members of the
subsection shall be transferred by the employer to the third-party         optional retirement plan are as follows:
administrator for deposit in the participant’s account.                      Dates of Contribution Employers
  (b) Retirement contributions for Regular Class members of the              Rate Changes
optional retirement plan are as follows:
                                                                             Effective July 1, 2002: 1.25%
  Dates of Contribution Employers
                                                                             (d) Disability contribution for Special Risk Administrative Support
  Rate Changes                                                             Class members of the optional retirement plan are as follows:
  Effective July 1, 2002: 9.0%                                               Dates of Contribution Employers
  (c) Retirement contributions for Special Risk Class members of the         Rate Changes
optional retirement plan are as follows:
                                                                             Effective July 1, 2002: 0.73%
  Dates of Contribution Employers
                                                                             (e) Disability contribution for Elected Officers’ Class members of the
  Rate Changes                                                             optional retirement plan are as follows:
  Effective July 1, 2002: 20.0%                                              Dates of Contribution Employers
  (d) Retirement contributions for Special Risk Administrative               Rate Changes
Support Class members of the optional retirement plan are as follows:
                                                                             Effective July 1, 2002:
  Dates of Contribution Employers
                                                                             Legislators 0.61%
  Rate Changes
                                                                             Governor, Lt. Governor,
  Effective July 1, 2002: 11.35%
                                                                             Cabinet Officers 0.61%
  (e) Retirement contributions for Elected Officers’ Class members of
the optional retirement plan are as follows:                                 State Attorneys, Public

  Dates of Contribution Employers                                            Defenders 0.61%

  Rate Changes                                                               Justices, Judges 1.45%

  Effective July 1, 2002:                                                    County Elected Officers 0.86%

  Legislators 13.40%                                                        (f) Disability contribution for Senior Management Service Class
                                                                           members of the optional retirement plan are as follows:
  Governor, Lt. Governor,
                                                                             Dates of Contribution Employers
  Cabinet Officers 13.40%
                                                                             Rate Changes
  State Attorneys, Public
                                                                             Effective July 1, 2002: 0.50%
  Defenders 13.40%
                                                                             (4) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE
  Justices, Judges 18.90%                                                  AND FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  County Elected Officers 16.20%                                           Contributions required under this section shall be in addition to
                                                                           employer and member contributions required for social security and the
 (f) Retirement contributions for Senior Management Service Class          Retiree Health Insurance Subsidy Trust Fund as provided in s. 121.071.
members of the optional retirement plan are as follows:
                                                                            (5) ADMINISTRATIVE            AND             EDUCATIONAL
  Dates of Contribution Employers                                          CONTRIBUTIONS.—Effective June 1, 2002, the contribution rate for
April 26, 2000                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                           777

each employer shall be 0.1 percent on behalf of each participant to fund          Legislature that the use of any excess above the reserve to offset retirement
the administrative and educational expenses of the optional program. All          system normal cost will be in a manner that will allow system employers
contributions made on behalf of a participant pursuant to this subsection         to plan appropriately for resulting cost reductions and subsequent cost
shall be transferred to the third-party administrator for deposit in the          increases. The rate stabilization mechanism shall operate as follows:
board’s administrative fund.
                                                                                    a. The actuarial surplus shall be the value of actuarial assets over
   (6) DEDUCTIONS.—The board or the third-party administrator                     actuarial liabilities, as is determined on the preceding June 30 or as may
may deduct reasonable fees and apply appropriate charges to                       be estimated on the preceding December 31.
participants’ accounts. Payments for third-party administrative or
educational expenses shall be made only pursuant to the terms of the                b. The full amount of any experience loss shall be offset, to the extent
approved contracts for such services. In no event shall administrative            possible, by any actuarial surplus.
and educational expenses exceed the portion of employer contributions                c. If the actuarial surplus exceeds 5 percent of actuarial liabilities,
earmarked for such expenses pursuant to this section, except for                  one-half of the excess may be used to offset total retirement system costs.
reasonable administrative charges assessed against participant accounts           In addition, if the actuarial surplus exceeds 10 percent of actuarial
of persons for whom no employer contributions are made during the year.           liabilities, an additional one-fourth of the excess above 10 percent may be
Investment management fees shall be deducted from the gross returns               used to offset total retirement system costs. In addition, if the actuarial
earned by each authorized investment product or approved provider,                surplus exceeds 15 percent of actuarial liabilities, an additional one-
pursuant to the terms of the contract between the provider and the board.         fourth of the excess above 15 percent may be used to offset total retirement
  Rep. Pruitt moved the adoption of the amendment, which was                      system costs.
adopted.                                                                            d. Any surplus amounts available to offset total retirement system
  Representative(s) Pruitt offered the following:                                 costs pursuant to sub-subparagraph c. should be amortized each year
                                                                                  over a 10 year rolling period on a level dollar basis.
(Amendment Bar Code: 603139)
                                                                                  And the title is amended as follows:
   Amendment 2 (with title amendment)—On page 89, between
lines 27 and 28 of the bill                                                         On page 2, line 22 after “purpose;”

insert:                                                                           insert: amending s. 121.031, F.S.; requiring an actuarial study of the
                                                                                  retirement system at least annually; requiring the actuarial model to
   Section 36. Paragraph (a) of subsection (3) of section 121.031, F.S.,          include a rate stabilization mechanism; defining the mechanism;
is amended to read:
                                                                                    Rep. Pruitt moved the adoption of the amendment, which was
  121.031 Administration of system; appropriation; oaths; actuarial               adopted.
studies; public records.—
                                                                                    Representative(s) Fiorentino and Bloom offered the following:
  (3) The administrator shall cause an actuarial study of the system
to be made at least annually once every 2 years and shall report the              (Amendment Bar Code: 895789)
results of such study to the Legislature by December 31 February 1 prior             Amendment 3 (with title amendment)—On page 78, between
to the next legislative session.                                                  lines 5 and 6
   (a) The study shall, at a minimum, conform to the requirements of              insert:
s. 112.63, with the following exceptions and additions:
                                                                                    Section 30. Paragraphs (a) of subsection (1) of section 121.091,
  1. The valuation of plan assets shall be based on a 5-year averaging            Florida Statutes, are amended to read:
methodology such as that specified in the United States Department of
Treasury Regulations, 26 C.F.R. s. 1.412(c)(2)-1, or a similar accepted             121.091 Benefits payable under the system.—Benefits may not be
approach designed to attenuate fluctuations in asset values.                      paid under this section unless the member has terminated employment
                                                                                  as provided in s. 121.021(39)(a) or begun participation in the Deferred
  2. The study shall include a narrative explaining the changes in the            Retirement Option Program as provided in subsection (13), and a proper
covered group over the period between actuarial valuations and the                application has been filed in the manner prescribed by the department.
impact of those changes on actuarial results.                                     The department may cancel an application for retirement benefits when
  3. When substantial changes in actuarial assumptions have been                  the member or beneficiary fails to timely provide the information and
made, the study shall reflect the results of an actuarial assumption as           documents required by this chapter and the department’s rules. The
of the current date based on the assumptions utilized in the prior                department shall adopt rules establishing procedures for application for
actuarial report.                                                                 retirement benefits and for the cancellation of such application when the
                                                                                  required information or documents are not received.
  4. The study shall include an analysis of the changes in actuarial
valuation results by the factors generating those changes. Such analysis             (1) NORMAL RETIREMENT BENEFIT.—Upon attaining his or her
shall reconcile the current actuarial valuation results with those results        normal retirement date, the member, upon application to the
from the prior valuation.                                                         administrator, shall receive a monthly benefit which shall begin to
                                                                                  accrue on the first day of the month of retirement and be payable on the
  5. The study shall include measures of funding status and funding               last day of that month and each month thereafter during his or her
progress designed to facilitate the assessment of trends over several             lifetime. The normal retirement benefit, including any past or additional
actuarial valuations with respect to the overall solvency of the system.          retirement credit, may not exceed 100 percent of the average final
Such measures shall be adopted by the division and shall be used                  compensation. The amount of monthly benefit shall be calculated as the
consistently in all actuarial valuations performed on the system.                 product of A and B, subject to the adjustment of C, if applicable, as set
                                                                                  forth below:
   6. The actuarial model used to determine the adequate level of
funding for the Florida Retirement System shall include a specific rate              (a)1. For creditable years of Regular Class service, A is 1.60 percent
stabilization mechanism, as prescribed herein. It is the intent of the            of the member’s average final compensation, up to the member’s normal
Legislature to maintain as a reserve a specific portion of any actuarial          retirement date. Upon completion of the first year after the normal
surplus, and to use such reserve for the purpose of offsetting future             retirement date, A is 1.63 percent of the member’s average final
unfunded liabilities caused by experience losses, thereby minimizing the          compensation. Following the second year after the normal retirement
risk of future increases in contribution rates. It is further the intent of the   date, A is 1.65 percent of the member’s average final compensation.
778                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

Following the third year after the normal retirement date, and for               And the title is amended as follows:
subsequent years, A is 1.68 percent of the member’s average final
compensation.                                                                      On page 2, line 11, after the semicolon

  2. For creditable years of special risk service, A is:                         insert: amending s. 121.091, F.S.; upgrading service credit for certain
                                                                                 years for special risk members; providing funding for the benefit
  a. Two percent of the member’s average final compensation for all              increase; providing a contingent contribution rate increase;
creditable years prior to October 1, 1974;
                                                                                   Rep. Fiorentino moved the adoption of the amendment, which was
  b. Three percent of the member’s average final compensation for all            adopted.
creditable years after September 30, 1974, and before October 1, 1978;
                                                                                   Representative(s) Pruitt offered the following:
  c. Two percent of the member’s average final compensation for all
                                                                                 (Amendment Bar Code: 090811)
creditable years after September 30, 1978, and before January 1, 1989;
                                                                                   Amendment 4—On page 9, line 21 of the bill
  d. Two and two-tenths percent of the member’s final monthly
compensation for all creditable years after December 31, 1988, and               insert: Such securities shall be valued as of the date of receipt in the
before January 1, 1990;                                                          participant’s account.
  e. Two and four-tenths percent of the member’s average final                     Rep. Pruitt moved the adoption of the amendment, which was
compensation for all creditable years after December 31, 1989, and               adopted.
before January 1, 1991;
                                                                                   Representative(s) Pruitt offered the following:
  f. Two and six-tenths percent of the member’s average final
compensation for all creditable years after December 31, 1990, and               (Amendment Bar Code: 853873)
before January 1, 1992;                                                            Amendment 5—On page 16, line 20,
  g. Two and eight-tenths percent of the member’s average final                  insert: This paragraph shall be contingent upon approval from the
compensation for all creditable years after December 31, 1991, and               Internal Revenue Service for including the choice described herein within
before January 1, 1993; and                                                      the programs offered by the Florida Retirement System.
  h. Three percent of the member’s average final compensation for all              Rep. Pruitt moved the adoption of the amendment, which was
creditable years after December 31, 1992; and                                    adopted.
   i. Three percent of the member’s average final compensation for all             Representative(s) Pruitt offered the following:
creditable years of service after September 30, 1978, and before January
1, 1993, for any special risk member who retires after July 1, 2000.             (Amendment Bar Code: 100879)

  3. For creditable years of Senior Management Service Class service               Amendment 6—On page 23, line 12 of the bill, after “designed”
after January 31, 1987, A is 2 percent;
                                                                                 insert: by the board and department
  4. For creditable years of Elected Officers’ Class service as a
                                                                                   Rep. Pruitt moved the adoption of the amendment, which was
Supreme Court Justice, district court of appeal judge, circuit judge, or
                                                                                 adopted.
county court judge, A is 31/3 percent of the member’s average final
compensation, and for all other creditable service in such class, A is 3           Representative(s) Pruitt offered the following:
percent of average final compensation;
                                                                                 (Amendment Bar Code: 361553)
  Section 31.      It is the intent of the Legislature that costs attributable
to increases in the retirement accrual rates for October 1978 through               Amendment 7 (with title amendment)—On page 78, between
December 1992 for members of the Special Risk Class shall be funded by           lines 5 and 6
recognition of a lump sum from the excess actuarial assets of the Florida        insert:
Retirement System Trust Fund as follows:
                                                                                   Section 30. Effective July 1, 2001, paragraph (a) of subsection (4) of
  (1) For fiscal year 2000-2001, the lump sum to be recognized shall be          section 121.091, Florida Statutes, is amended to read:
the greater of:
                                                                                   121.091 Benefits payable under the system.—Benefits may not be
  (a) $350 million; or                                                           paid under this section unless the member has terminated employment
  (b) the amount available under the rate stabilization mechanism                as provided in s. 121.021(39)(a) or begun participation in the Deferred
described in s. 121.031, Florida Statutes, after any other recognition of        Retirement Option Program as provided in subsection (13), and a proper
excess actuarial assets pursuant to this act.                                    application has been filed in the manner prescribed by the department.
                                                                                 The department may cancel an application for retirement benefits when
  (2)(a) For fiscal years 2001-2002 and 2002-2003, the lump sums to be           the member or beneficiary fails to timely provide the information and
recognized shall be the lesser of:                                               documents required by this chapter and the department’s rules. The
                                                                                 department shall adopt rules establishing procedures for application for
  1. the amount available under the rate stabilization mechanism                 retirement benefits and for the cancellation of such application when the
described in s. 121.031, Florida Statutes, after any other recognition of        required information or documents are not received.
excess actuarial assets pursuant to this act; or
                                                                                   (4) DISABILITY RETIREMENT BENEFIT.—
  2. the remaining amount needed to fully fund the benefit accrual rate.
                                                                                   (a) Disability retirement; entitlement and effective date.—
   (b) If, after the recognition of excess actuarial assets pursuant to
subsection (2) and paragraph (a), there remains an unfunded actuarial              1.a. A member who becomes totally and permanently disabled, as
liability attributable to the increase in the retirement accrual rates for the   defined in paragraph (b), after completing 5 years of creditable service,
Special Risk Class, the contribution rate applicable to the Special Risk         or a member who becomes totally and permanently disabled in the line
Class of the Florida Retirement System shall be increased by 1.85                of duty regardless of service, shall be entitled to a monthly disability
percentage points, effective July 1, 2002, unless the Legislature provides       benefit; except that any member with less than 5 years of creditable
an alternative funding mechanism.                                                service on July 1, 1980, or any person who becomes a member of the
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                    779

Florida Retirement System on or after such date must have completed              Representative(s) Pruitt offered the following:
10 years of creditable service prior to becoming totally and permanently
disabled in order to receive disability retirement benefits for any            (Amendment Bar Code: 615819)
disability which occurs other than in the line of duty. However, if a            Amendment 11—On page 10, line 16
member employed on July 1, 1980, with less than 5 years of creditable          remove from the bill: sha l
service as of that date, becomes totally and permanently disabled after
completing 5 years of creditable service and is found not to have attained     and insert in lieu thereof: shall
fully insured status for benefits under the federal Social Security Act,
such member shall be entitled to a monthly disability benefit.                   Rep. Pruitt moved the adoption of the amendment, which was
                                                                               adopted.
  b. Effective July 1, 2001, a member of the defined benefit retirement
program who becomes totally and permanently disabled, as defined in              Representative(s) Pruitt offered the following:
paragraph (b), after completing 8 years of creditable service, or a member
                                                                               (Amendment Bar Code: 422389)
who becomes totally and permanently disabled in the line of duty
regardless of service, shall be entitled to a monthly disability benefit.        Amendment 12—On page 11, line 1 of the bill, after “position”
   2. If the division has received from the employer the required              insert: with a state employer
documentation of the member’s termination of employment, the
effective retirement date for a member who applies and is approved for           Rep. Pruitt moved the adoption of the amendment, which was
disability retirement shall be established by rule of the division.            adopted.

  3. For a member who is receiving Workers’ Compensation payments,               Representative(s) Pruitt offered the following:
the effective disability retirement date may not precede the date the
                                                                               (Amendment Bar Code: 155765)
member reaches Maximum Medical Improvement (MMI), unless the
member terminates employment prior to reaching MMI.                              Amendment 13—On page 19, line 25
                                                                               remove from the bill: If
And the title is amended as follows:
                                                                               and insert in lieu thereof: To the extent
  On page 2, line 11, after the semicolon

insert: amending s. 121.091, F.S.; reducing the service time required            Rep. Pruitt moved the adoption of the amendment, which was
to qualify for disability benefits to 8 years;                                 adopted.

  Rep. Pruitt moved the adoption of the amendment, which was                     Representative(s) Pruitt offered the following:
adopted.                                                                       (Amendment Bar Code: 194593)
  Representative(s) Pruitt offered the following:                                Amendment 14—On page 20, line 1, page 20, line 5, page 20, line 11
(Amendment Bar Code: 451795)                                                   and page 20, line 26
                                                                               remove from the bill: employer-funded
  Amendment 8—On page 89, between lines 2 and 3 of the bill
                                                                                 Rep. Pruitt moved the adoption of the amendment, which was
insert:                                                                        adopted.

  (2) It is the intent of the Legislature that the costs attributable to the     Representative(s) Pruitt offered the following:
reduction of contribution rates pursuant to subsection (1) shall be funded
by a recognition of a lump sum from the excess actuarial assets of the         (Amendment Bar Code: 140409)
Florida Retirement System Trust Fund for fiscal years 2000-2001 and              Amendment 15—On page 26, line 20
2001-2002.                                                                     remove from the bill: boards
  Section 36. (1) In order to implement the provisions of this act, the
                                                                               and insert in lieu thereof: board,
State Board of Administration, the Department of Management Services
and the employers participating in the Florida Retirement System shall           Rep. Pruitt moved the adoption of the amendment, which was
coordinate efforts to the greatest extent practicable.                         adopted.
  Rep. Pruitt moved the adoption of the amendment, which was                     Representative(s) Pruitt offered the following:
adopted.
                                                                               (Amendment Bar Code: 144767)
  Representative(s) Pruitt offered the following:
                                                                                 Amendment 16—On page 27, line 4 of the bill, after “performance of”
(Amendment Bar Code: 592749)
                                                                               insert: approved providers and
  Amendment 9—On page 3, line 9
remove from the bill: on                                                         Rep. Pruitt moved the adoption of the amendment, which was
                                                                               adopted.
and insert in lieu thereof: in
                                                                                 Representative(s) Pruitt offered the following:
  Rep. Pruitt moved the adoption of the amendment, which was
adopted.                                                                       (Amendment Bar Code: 100989)

  Representative(s) Pruitt offered the following:                                Amendment 17—On page 28, line 3 of the bill after “consider”

(Amendment Bar Code: 933603)                                                   insert: the following to the extent such factors may be applied in
                                                                               connection with investment products, services or providers
  Amendment 10—On page 6, line 2
remove from the bill: full                                                       Rep. Pruitt moved the adoption of the amendment, which was
                                                                               adopted.
  Rep. Pruitt moved the adoption of the amendment, which was
adopted.                                                                         Representative(s) Pruitt offered the following:
780                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

(Amendment Bar Code: 113331)                                                     Representative(s) Pruitt offered the following:
  Amendment 18—On page 30, line 1 and on page 30, line 16 of the bill          (Amendment Bar Code: 632817)
after “board”
                                                                                 Amendment 22—On page 79, line 3
insert: , in coordination with the department,                                 remove from the bill: system

  Rep. Pruitt moved the adoption of the amendment, which was                   and insert in lieu thereof: defined benefit program of the Florida
adopted.                                                                       Retirement System

  Representative(s) Pruitt offered the following:                                Rep. Pruitt moved the adoption of the amendment, which was
                                                                               adopted.
(Amendment Bar Code: 835299)
                                                                                 Representative(s) Pruitt offered the following:
  Amendment 19—On page 36, line 28 through page 37, line 25
remove from the bill: all of said lines                                        (Amendment Bar Code: 941989)

and insert in lieu thereof:                                                      Amendment 23—On page 81, lines 18 through 20
                                                                               remove from the bill: all of said lines
  (16) DISABILITY BENEFITS.—For any participant of the optional
retirement program who becomes totally and permanently disabled, as            and insert in lieu thereof: insurance subsidy payment on July 1, 2001,
defined in s. 121.091(4)(b), the participant shall be entitled to receive      shall not be reduced.
those moneys that have accrued in his or her participant account. It is the
                                                                                 2. Beginning July 1, 2002, each eligible participant
intent of the legislature to design a disability benefit for participants of
the optional program similar to those disability benefits afforded defined       Rep. Pruitt moved the adoption of the amendment, which was
benefit program members. The department is directed to study the               adopted.
potential options of such coverage, including self-insurance and
commercial coverage, the alternative methods of administering such               Representative(s) Pruitt offered the following:
benefits, and the fiscal impacts on the employees and employers, and to
                                                                               (Amendment Bar Code: 441183)
make recommendations to the legislature by January 15, 2001.
                                                                                 Amendment 24—On page 89, line 20 of the bill
   (17) SOCIAL SECURITY COVERAGE.—Social security coverage
                                                                               remove from the bill: Council
shall be provided for all officers and employees who become participants
of the optional program. Any modification of the present agreement with        and insert in lieu thereof: Committee
the Social Security Administration, or referendum required under the
Social Security Act, for the purpose of providing social security coverage       Rep. Pruitt moved the adoption of the amendment, which was
for any member shall be requested by the state agency in compliance with       adopted.
the applicable provisions of the Social Security Act governing such              Representative(s) Pruitt offered the following:
coverage. However, retroactive social security coverage for service prior to
December 1, 1970, with the employer shall not be provided for any              (Amendment Bar Code: 143809)
member who was not covered under the agreement as of November 30,
1970.                                                                            Amendment 25—On page 90, lines 12 through 14 of the bill
                                                                               remove from the bill: all of said lines
   (18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
employees who are participants of the optional program shall be eligible       and insert in lieu thereof:
to receive the retiree health insurance subsidy, subject to the provisions       1. The State Board of Administration receiving a favorable
of s. 112.363.                                                                 determination letter and a favorable private letter ruling from the
                                                                               Internal Revenue Service by May 1, 2002. If the Internal Revenue
  Rep. Pruitt moved the adoption of the amendment, which was
                                                                               Service refuses to act upon a request for a private letter ruling, then a
adopted.
                                                                               favorable legal opinion from a qualified tax attorney or firm may be
  Representative(s) Pruitt offered the following:                              substituted for such private-letter ruling.

(Amendment Bar Code: 453055)                                                     Rep. Pruitt moved the adoption of the amendment, which was
                                                                               adopted.
  Amendment 20—On page 44, line 15, on page 52, line 16, and on
page 56, line 10                                                                 Representative(s) Lawson and Merchant offered the following:
remove from the bill: Effective July 1, 2001,
                                                                               (Amendment Bar Code: 625951)
  Rep. Pruitt moved the adoption of the amendment, which was
                                                                                 Amendment 26—On page 4, line 13, after the period
adopted.
                                                                               insert: Any optional defined contribution retirement program adopted
  Representative(s) Pruitt offered the following:
                                                                               pursuant to this act shall include the requirement that no person may
(Amendment Bar Code: 055315)                                                   participate in the program unless that person has been employed for a
                                                                               period of at least 12 months by the State of Florida under the Florida
  Amendment 21 (with title amendment)—On page 58, line 5                       Retirement System prior to participating in the optional defined
through page 64, line 22, and on page 65, line 3 through page 78, line         contribution retirement program.
5
remove from the bill: all of said lines                                          Rep. Lawson moved the adoption of the amendment, which failed of
                                                                               adoption.
And the title is amended as follows:
                                                                                 Representative(s) Lawson, Turnbull, Merchant, Bloom, Roberts, and
  On page 2, lines 7 through 10                                                Lynn offered the following:
remove from the title of the bill: all of said lines
                                                                               (Amendment Bar Code: 172319)
and insert in lieu thereof: amending s. 112.665, F.S.; correcting cross
                                                                                 Amendment 27 (with title amendment)—On page 42, line 6
  Rep. Pruitt moved the adoption of the amendment, which was                   through page 56, line 9
adopted.                                                                       remove from the bill: all of said lines
April 26, 2000                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       781

and insert in lieu thereof:                                                   121.051 Participation in the system.—
  Section 4. Effective July 1, 2001, subsections (29) and (45) of section     (2) OPTIONAL PARTICIPATION.—
121.021, Florida Statutes, are amended to read:
                                                                               (a)1. Any officer or employee who is a member of an existing system,
  121.021 Definitions.—The following words and phrases as used in           except any officer or employee of any nonprofit professional association
this chapter have the respective meanings set forth unless a different      or corporation, may elect, if eligible, to become a member of this system
meaning is plainly required by the context:                                 at any time between April 15, 1971, and June 1, 1971, inclusive, by
                                                                            notifying his or her employer in writing of the desire to transfer
   (29) “Normal retirement date” means the first day of any month           membership from the existing system to this system. Any officer or
following the date a member attains one of the following statuses:
                                                                            employee who was a member of an existing system on December 1, 1970,
  (a) If a Regular Class member, the member:                                and who did not elect to become a member of this system shall continue
                                                                            to be covered under the existing system subject to the provisions of s.
  1. Completes 5 10 or more years of creditable service and attains age     121.045. A person who has retired under any state retirement system
62; or                                                                      shall not be eligible to transfer to the Florida Retirement System
                                                                            created by this chapter subsequent to such retirement. Any officer or
  2. Completes 30 years of creditable service, regardless of age, which
                                                                            employee who, prior to July 1, 1947, filed a written rejection of
may include a maximum of 4 years of military service credit as long as
                                                                            membership in a state retirement system and who continues
such credit is not claimed under any other system.
                                                                            employment without participating in the Florida Retirement System
  (b) If a Special Risk Class member, the member:                           may withdraw the rejection in writing and, if otherwise eligible,
                                                                            participate in the Florida Retirement System and purchase prior service
  1. Completes 5 10 or more years of creditable service in the Special      in accordance with this chapter. Any former member of an existing
Risk Class and attains age 55;                                              system who was permitted to transfer to the Florida Retirement System
                                                                            while employed by the University Athletic Association, Inc., a nonprofit
  2. Completes 25 years of creditable service in the Special Risk Class,
                                                                            association connected with the University of Florida, during this or
regardless of age; or
                                                                            subsequent transfer periods, contrary to the provisions of this
  3. Completes 25 years of creditable service and attains age 52, which     paragraph, is hereby confirmed as a member of the Florida Retirement
service may include a maximum of 4 years of military service credit as      System, the provisions of this paragraph to the contrary
long as such credit is not claimed under any other system and the           notwithstanding. Any officer or employee of the University Athletic
remaining years are in the Special Risk Class.                              Association, Inc., employed prior to July 1, 1979, who was a member of
                                                                            the Florida Retirement System and who chose in writing on a University
  (c) If a Senior Management Service Class member, the member:              Athletic Association Plan Participation Election form, between July 1,
                                                                            1979, and March 31, 1980, inclusively, to terminate his or her
 1. Completes 5 7 years of creditable service in the Senior
Management Service Class and attains age 62; or                             participation in the Florida Retirement System shall hereby have such
                                                                            termination of participation confirmed and declared irrevocable
  2. Completes 30 years of any creditable service, regardless of age,       retroactive to the date Florida Retirement System retirement
which may include a maximum of 4 years of military service credit as        contributions ceased to be reported for such officer or employee. The
long as such credit is not claimed under any other system.                  following specific conditions shall apply to any such officer or employee
                                                                            whose participation was so terminated: The officer or employee shall
  (d) If an Elected Officers’ Class member, the member:                     retain all creditable service earned in the Florida Retirement System
  1. Completes 5 8 years of creditable service in the Elected Officers’     through the month that retirement contributions ceased to be reported
Class and attains age 62; or                                                and no creditable service shall be earned after such month; the officer
                                                                            or employee shall not be eligible for disability retirement or death in line
  2. Completes 30 years of any creditable service, regardless of age,       of duty benefits if such occurred after the date that participation
which may include a maximum of 4 years of military service credit as        terminated; and, the officer or employee may participate in the Florida
long as such credit is not claimed under any other system.                  Retirement System in the future only if employed by a participating
                                                                            employer in a regularly established position.
“Normal retirement age” is attained on the “normal retirement date.”
                                                                              2. Any member transferring from the existing system under chapter
   (45)(a) “Vested” or “vesting” means the guarantee that a member is       238 shall retain rights to survivor benefits under that chapter through
eligible to receive a future retirement benefit upon completion of the
                                                                            November 30, 1975, or until fully insured for disability benefits under
required years of creditable service for the employee’s class of
                                                                            social security, whichever is the earliest date, and thereafter no such
membership, even though the member may have terminated covered
                                                                            rights shall exist.
employment before reaching normal or early retirement date. Being
vested does not entitle a member to a disability benefit based on a            3. Any officer or employee who is a member of an existing system on
disability caused by an injury or disease that occurs after termination     April 15, 1972, and who was eligible to transfer to this system under the
of covered employment.                                                      provisions of subparagraph 1., but who elected to remain in the existing
                                                                            system, may elect, if eligible under the Social Security Act, 42 U.S.C. s.
  (b) Effective July 1, 2001, a 5-year vesting requirement shall be
                                                                            418(d)(6)(F), to become a member of this system at any time between
implemented for the Florida Retirement System. Pursuant thereto:
                                                                            April 15, 1972, and June 30, 1972, inclusive, by notifying his or her
  1. Any member employed in a regularly established position on July        employer in writing of the desire to transfer membership from an
1, 2001, who completes or has completed a total of 5 years of creditable    existing system to this system. Such transfer shall be subject to the
service will be considered vested as described in paragraph (a).            following conditions:

   2. Any member not employed in a regularly established position on          a. All persons electing to transfer to the Florida Retirement System
July 1, 2001, will be deemed vested upon completion of 5 years of           under this subparagraph shall be transferred on July 1, 1972, and shall
creditable service, provided that such member is employed in a covered      thereafter be subject to the provisions of the Florida Retirement System
position for at least 1 work year after July 1, 2001. However, no member    retroactively to November 30, 1970, and at retirement have their
shall be required to complete more years of creditable service than would   benefits calculated in accordance with the provisions of s. 121.091.
have been required for that member to vest under retirement laws in
effect before July 1, 2001.                                                   b. Social security coverage incidental to such elective membership in
                                                                            the Florida Retirement System shall be effective November 30, 1970,
  Section 5. Effective July 1, 2001, paragraph (a) of subsection (2) of     and all amounts required from a member for retroactive social security
section 121.051, Florida Statutes, is amended to read:                      coverage shall, at the time such election is made, be deducted from the
782                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

individual account of the member, and the difference between the            member of this system shall continue to be covered under the existing
amount remaining in the individual account of such member and the           system, subject to the provisions of s. 121.045. Any member transferring
total amount which such member would have contributed had he or she         from the Teachers’ Retirement System under chapter 238 to the Florida
become a member of the Florida Retirement System on November 30,            Retirement System on January 1, 1979, shall retain rights to survivor
1970, shall be paid into the system trust fund and added to the member’s    benefits under chapter 238 from January 1, 1979, through December 31,
individual account prior to July 1, 1975, or by his or her date of          1983, or until fully insured for disability benefits under the federal
retirement, if earlier. Interest at the rate of 8 percent per annum,        Social Security Act, whichever is the earliest date, and thereafter no
compounded annually until paid, shall be charged on any balance             such rights shall exist. Any such member transferring to the Florida
remaining unpaid on said date.                                              Retirement System on July 1, 1982, shall retain rights to survivor
                                                                            benefits under chapter 238 from July 1, 1982, through June 30, 1987, or
  c. There is appropriated out of the system trust fund into the Social
                                                                            until fully insured for disability benefits under the federal Social
Security Contribution Trust Fund the amount required by federal laws
                                                                            Security Act, whichever is the earliest date, and thereafter no such
and regulations to be contributed with respect to social security
                                                                            rights shall exist.
coverage for the years after November 30, 1970, of the members of an
existing system who transfer to the Florida Retirement System in              b. Any deficit, as determined by the state actuary, accruing to the
accordance with this subparagraph and who qualify for retroactive           Survivors’ Benefit Trust Fund of the Teachers’ Retirement System and
social security coverage. The amount paid from this appropriation with      resulting from the passage of chapter 78-308, Laws of Florida, and
respect to the employees of any employer shall be charged to the            chapter 80-242, Laws of Florida, shall become an obligation of the
employing agency. There shall be credited against this charge the           Florida Retirement System Trust Fund.
difference between the matching contributions actually made for the
affected employees from November 30, 1970, to June 30, 1972, and the          6. Any active member of an existing system who was not employed
amount of matching contributions that would have been required under        in a covered position during a time when transfer to the Florida
the Florida Retirement System.                                              Retirement System was allowed as described in rule 22B-1.004(2)(a),
                                                                            Florida Administrative Code, or as provided in paragraph (1)(c) of this
  d. The net amounts charged the employing agencies for employees           section, may elect, if eligible, to become a member of this system at any
transferring to the Florida Retirement System under this subparagraph       time between January 1, 1991, and May 29, 1991, inclusive, by notifying
shall be paid to the system trust fund prior to July 1, 1975. Interest at   his or her employer in writing of the desire to transfer membership from
the rate of 8 percent per annum, compounded annually until paid, shall      the existing system to this system. The decision to transfer or not to
be charged on any balance remaining unpaid on said date.                    transfer shall become irrevocable on May 29, 1991. Failure to notify the
  e. The administrator shall request such modification of the state’s       employer shall result in compulsory membership in the existing system.
agreement with the Social Security Administration, or any referendum        All members electing to transfer during the transfer period shall become
required under the Social Security Act governing social security            members of the Florida Retirement System on July 1, 1991, and shall
coverage, as may be required to implement the provisions of this law.       be subject to the provisions of the Florida Retirement System on and
Retroactive social security coverage for service with an employer prior     after that date. Any member so transferring from the existing system
to November 30, 1970, shall not be provided for any member who was          under chapter 238 to the Florida Retirement System on July 1, 1991,
not covered under the agreement as of November 30, 1970.                    shall retain rights to survivor benefits under that chapter from July 1,
                                                                            1991, through June 30, 1996, or until fully insured for benefits under the
  4. Any officer or employee who was a member of an existing system         federal Social Security Act, whichever is the earliest date, and
on December 1, 1970, and who is still a member of an existing system,       thereafter no such rights shall exist.
except any officer or employee of any nonprofit professional association
or corporation, may elect, if eligible, to become a member of this system     Section 6. Paragraph (a) of subsection (7) of section 121.0515,
at any time between September 1, 1974, and November 30, 1974,               Florida Statutes, is amended to read:
inclusive, by notifying his or her employer in writing of the desire to
                                                                              121.0515 Special risk membership; criteria; designation and
transfer membership from the existing system to this system. This
                                                                            removal of classification; credits for past service and prior service;
decision to transfer or not to transfer shall become irrevocable on
                                                                            retention of special risk normal retirement date.—
November 30, 1974. All members electing to transfer during the transfer
period shall become members of the Florida Retirement System on              (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT
January 1, 1975, and shall be subject to the provisions of the Florida      DATE.—
Retirement System on and after that date. Any officer or employee who
was a member of an existing system on December 1, 1970, and who does           (a) A special risk member who is moved or reassigned to a nonspecial
not elect to become a member of this system shall continue to be covered    risk law enforcement, firefighting, correctional, or emergency medical
under the existing system, subject to the provisions of s. 121.045. Any     care administrative support position with the same agency, or who is
member transferring from the Teachers’ Retirement System of Florida         subsequently employed in such a position with any law enforcement,
under chapter 238 to the Florida Retirement System on January 1,            firefighting, correctional, or emergency medical care agency under the
1975, shall retain rights to survivor benefits under chapter 238 from       Florida Retirement System, shall participate in the Special Risk
January 1, 1975, through December 31, 1979, or until fully insured for      Administrative Support Class and shall earn credit for such service at
disability benefits under the Social Security Act, whichever is the         the same percentage rate as that earned by a regular member.
earliest date, and thereafter no such rights shall exist.                   Notwithstanding the provisions of subsection (4), service in such an
                                                                            administrative support position shall, for purposes of s. 121.091, apply
  5.a. Any officer or employee who was a member of an existing system
                                                                            toward satisfaction of the special risk normal retirement date, as
on December 1, 1970, and who is still a member of an existing system,
                                                                            defined in s. 121.021(29)(b), provided that, while in such position, the
except any officer or employee of any nonprofit professional association
                                                                            member remains certified as a law enforcement officer, firefighter,
or corporation, may elect, if eligible, to become a member of this system
                                                                            correctional officer, emergency medical technician, or paramedic;
at any time between January 2, 1982, and May 31, 1982, inclusive, by
                                                                            remains subject to reassignment at any time to a position qualifying for
notifying his or her employer in writing of the desire to transfer
                                                                            special risk membership; and completes an aggregate of 5 10 or more
membership from the existing system to this system. This decision to
                                                                            years of service as a designated special risk member prior to retirement.
transfer or not to transfer shall become irrevocable on May 31, 1982. All
members electing to transfer during the transfer period shall become          Section 7. Effective July 1, 2001, subsection (8) and paragraphs (b)
members of the Florida Retirement System on July 1, 1982, and shall         and (c) of subsection (12) of section 121.052, Florida Statutes, are
be subject to the provisions of the Florida Retirement System on and        amended to read:
after that date. Any officer or employee who was a member of an existing
system on December 1, 1970, and who does not elect to become a                121.052 Membership class of elected officers.—
April 26, 2000                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         783

  (8) NORMAL             RETIREMENT               DATE;        VESTING            interest compounded annually from the first year of service claimed
REQUIREMENT.—A member of the Elected Officers’ Class shall have                   until July 1, 1975, and 6.5 percent interest compounded annually
the same normal retirement date as defined in s. 121.021(29) for a                thereafter, until full payment is made to the Florida Retirement System
member of the regular class of the Florida Retirement System, except              Trust Fund; however, such member may purchase retirement credit
that only 8 years of creditable service in this class are needed to attain        under the Elected Officers’ Class only for such service as an elected
the normal retirement date specified in s. 121.021(29)(a). Any public             officer.
service commissioner who was removed from the Elected State Officers’
Class on July 1, 1979, after attaining at least 8 years of creditable               2. Upon payment of the amount specified in subparagraph 1., the
service in that class shall be considered to have reached the normal              employer shall pay into the Florida Retirement System Trust Fund the
retirement date upon attaining age 62 as required in s. 121.021(29)(a).           applicable employer contribution for the period of elected officer service
                                                                                  prior to July 1, 1990, being claimed by the member, plus 4 percent
  (12) BENEFITS.—                                                                 interest compounded annually from the first year of service claimed
                                                                                  until July 1, 1975, and 6.5 percent interest compounded annually
  (b) The benefit provisions of s. 121.091(2)-(6), (8), (9), and (11),            thereafter, until full payment is made to the Florida Retirement System
relating to benefits payable for dual normal retirement ages, early               Trust Fund.
retirement, disability retirement, termination benefits, optional forms
of retirement, designation of beneficiaries, employment after                       Section 9. Effective July 1, 2001, paragraph (b) of subsection (4) of
retirement, and method of computing actuarial equivalent, respectively,           section 121.055, Florida Statutes, is amended to read:
shall also apply to members of the Elected Officers’ Class, except that
only 8 years of creditable service in this class are needed to attain the           121.055 Senior Management Service Class.—There is hereby
benefits specified in s. 121.091(3) and (5). These provisions shall be            established a separate class of membership within the Florida
construed in such manner as to make them compatible with the                      Retirement System to be known as the “Senior Management Service
provisions of this section.                                                       Class,” which shall become effective February 1, 1987.

  (c) The benefit provisions of s. 121.091(7), relating to death benefits,          (4)
shall apply to members of the Elected Officers’ Class and shall be                  (b) Service in an eligible position prior to February 1, 1987, or after
construed in such manner as to make them compatible with the                      January 31, 1987, shall satisfy the requirement of attaining the normal
provisions of this section; however, only 8 years of creditable service in        retirement date as defined in s. 121.021(29) for a Senior Management
this class are needed to obtain such benefits, except that:                       Service Class member, provided the employee is a member of the Senior
   1. If any elected official dies in office who would have been vested           Management Service Class after January 31, 1987. A member of this
under the Elected Officers’ Class, any other class of the Florida                 class who fails to complete 5 7 years of creditable service in an eligible
Retirement System, or any other state-administered retirement system,             position shall be required to satisfy the requirements for the normal
if the official had lived to complete his or her term of office, the official’s   retirement date for a regular member as provided in s. 121.021(29).
spouse may elect to leave the official’s retirement contributions in the            Section 10. Effective July 1, 2001, paragraph (i) of subsection (1) and
retirement trust fund and pay into said fund any required contributions           paragraph (b) of subsection (2) of section 121.081, Florida Statutes, are
which would have been paid by the officer or the employer had the                 amended to read:
officer lived to complete the term of office.
                                                                                    121.081 Past service; prior service; contributions.—Conditions
   2. If a deceased member’s surviving spouse as described in                     under which past service or prior service may be claimed and credited
subparagraph 1. previously received a refund of the member’s                      are:
contributions made to the retirement trust fund, the surviving spouse
may pay into the retirement trust fund an amount equal to the deceased              (1)
member’s contributions previously refunded, together with interest at 4
percent compounded annually on the amount of such refunded                           (i) An employee of a state agency who was a member of a state-
contributions from the date of refund until July 1, 1975, and at 6.5              administered retirement system and who was granted educational leave
percent compounded annually thereafter to the date of payment, plus               with pay pursuant to a written educational leave-with-pay policy may
such additional contributions as may be required under subparagraph               claim such period of educational leave as past service subject to the
1., in order to become vested, as applicable.                                     following conditions:

Upon conclusion of the term of office to which the deceased officer was             1. The educational leave must have occurred prior to December 31,
elected, a spouse who pays into the retirement trust fund such                    1971;
additional or refunded contributions, plus interest, shall be eligible to           2. The member must have completed at least 5 10 years of creditable
receive a monthly benefit in the same manner as the surviving spouse              service excluding the period of the educational leave;
of a member who dies after accumulating the required number of years
of creditable service as described herein.                                          3. The employee must have returned to employment with a state
                                                                                  agency employer who participated in the retirement system, which
  Section 8. Effective July 1, 2001, paragraph (a) of subsection (1) of           return was immediately upon termination of the educational leave, and
section 121.053, Florida Statutes, is amended to read:                            must have remained on the employer’s payroll for at least 1 calendar
 121.053 Participation in the Elected Officers’ Class for retired                 month following the return to employment;
members.—                                                                           4. The employee must be a member of the Florida Retirement
   (1)(a) Any member who retired under any existing system as defined             System at the time he or she claims such service;
in s. 121.021(2), and receives a benefit thereof, and who serves in an              5. Not more than 24 months of creditable service may be claimed for
office covered by the Elected Officers’ Class for a period of at least 5 8        such period of educational leave with pay;
years, shall be entitled to receive an additional retirement benefit for
such elected officer service prior to July 1, 1990, under the Elected               6. The service must not be claimed under any other state or federal
Officers’ Class of the Florida Retirement System, as follows:                     retirement system; and

   1. Upon completion of 5 8 or more years of creditable service in an              7. The member must pay to the retirement trust fund for claiming
office covered by the Elected Officers’ Class, s. 121.052, such member            such past-service credit an amount equal to 8 percent of his or her gross
shall notify the administrator of his or her intent to purchase elected           annual salary immediately prior to the educational leave with pay for
officer service prior to July 1, 1990, and shall pay the member                   each year of past service claimed, plus 4 percent interest thereon
contribution applicable for the period being claimed, plus 4 percent              compounded annually each June 30 from the first year of service
784                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

claimed until July 1, 1975, and 6.5 percent interest thereafter on the        d. A is 2.20 Two and two-tenths percent of the member’s final
unpaid balance compounded annually each June 30 until paid.                 monthly compensation for all creditable years after December 31, 1988,
                                                                            and before January 1, 1990;
  (2) Prior service, as defined in s. 121.021(19), may be claimed as
creditable service under the Florida Retirement System after a member          e. A is 2.40 Two and four-tenths percent of the member’s average
has been reemployed for 1 complete year of creditable service within a      final compensation for all creditable years after December 31, 1989, and
period of 12 consecutive months, except as provided in paragraph (c).       before January 1, 1991;
Service performed as a participant of the optional retirement program
for the State University System under s. 121.35 or the Senior                 f. A is 2.60 Two and six-tenths percent of the member’s average final
Management Service Optional Annuity Program under s. 121.055 may            compensation for all creditable years after December 31, 1990, and
be used to satisfy the reemployment requirement of 1 complete year of       before January 1, 1992;
creditable service. The member shall not be permitted to make any
contributions for prior service until after completion of the 1 year of        g. A is 2.80 Two and eight-tenths percent of the member’s average
creditable service. The required contributions for claiming the various     final compensation for all creditable years after December 31, 1991, and
types of prior service are:                                                 before January 1, 1993; and

   (b) For prior service performed prior to the date the system became        h. A is 3.00 Three percent of the member’s average final
becomes noncontributory for the member, and for which the member            compensation for all creditable years after December 31, 1992;
had credit under the Florida Retirement System and received a refund
                                                                              3. For creditable years of Senior Management Service Class service
of contributions upon termination of employment, the member shall
                                                                            after January 31, 1987, A is 2 percent;
contribute at the rate that was required of him or her during the period
of service being claimed, on all salary received during such period, plus     4. For creditable years of Elected Officers’ Class service as a
4 percent interest compounded annually from the date of refund until        Supreme Court Justice, district court of appeal judge, circuit judge, or
July 1, 1975, and 6.5 percent interest compounded annually thereafter,      county court judge, A is 31/3 percent of the member’s average final
until the full payment is made to the Florida Retirement System Trust       compensation, and for all other creditable service in such class, A is 3.00
Fund.                                                                       3 percent of average final compensation;
  Section 11. Effective July 1, 2001, paragraph (a) of subsection (1)
                                                                              (4) DISABILITY RETIREMENT BENEFIT.—
and paragraphs (a), (h), and (j) of subsection (4) of section 121.091,
Florida Statutes, are amended to read:                                        (a) Disability retirement; entitlement and effective date.—
  121.091 Benefits payable under the system.—Benefits may not be              1. A member who becomes totally and permanently disabled, as
paid under this section unless the member has terminated employment         defined in paragraph (b), after completing 5 years of creditable service,
as provided in s. 121.021(39)(a) or begun participation in the Deferred     or a member who becomes totally and permanently disabled in the line
Retirement Option Program as provided in subsection (13), and a proper      of duty regardless of service, shall be entitled to a monthly disability
application has been filed in the manner prescribed by the department.      benefit; except that any member with less than 5 years of creditable
The department may cancel an application for retirement benefits when       service on July 1, 1980, or any person who becomes a member of the
the member or beneficiary fails to timely provide the information and       Florida Retirement System on or after such date must have completed
documents required by this chapter and the department’s rules. The          10 years of creditable service prior to becoming totally and permanently
department shall adopt rules establishing procedures for application for    disabled in order to receive disability retirement benefits for any
retirement benefits and for the cancellation of such application when the   disability which occurs other than in the line of duty. However, if a
required information or documents are not received.                         member employed on July 1, 1980, with less than 5 years of creditable
   (1) NORMAL RETIREMENT BENEFIT.—Upon attaining his or her                 service as of that date, becomes totally and permanently disabled after
normal retirement date, the member, upon application to the                 completing 5 years of creditable service and is found not to have attained
administrator, shall receive a monthly benefit which shall begin to         fully insured status for benefits under the federal Social Security Act,
accrue on the first day of the month of retirement and be payable on the    such member shall be entitled to a monthly disability benefit.
last day of that month and each month thereafter during his or her
                                                                               2. If the division has received from the employer the required
lifetime. The normal retirement benefit, including any past or additional
                                                                            documentation of the member’s termination of employment, the
retirement credit, may not exceed 100 percent of the average final
                                                                            effective retirement date for a member who applies and is approved for
compensation. The amount of monthly benefit shall be calculated as the
                                                                            disability retirement shall be established by rule of the division.
product of A and B, subject to the adjustment of C, if applicable, as set
forth below:                                                                  3. For a member who is receiving Workers’ Compensation payments,
   (a)1. For creditable years of Regular Class service, A is 1.60 percent   the effective disability retirement date may not precede the date the
of the member’s average final compensation, up to the member’s normal       member reaches Maximum Medical Improvement (MMI), unless the
retirement date. Upon completion of the first year after the normal         member terminates employment prior to reaching MMI.
retirement date, A is 1.63 percent of the member’s average final              (h) Recovery from disability.—The administrator may require
compensation. Following the second year after the normal retirement         periodic reexaminations at the expense of the retirement fund. The
date, A is 1.65 percent of the member’s average final compensation.         division may adopt rules establishing procedures for conducting and
Following the third year after the normal retirement date, and for          review of such reexaminations.
subsequent years, A is 1.68 percent of the member’s average final
compensation.                                                                 1. If the administrator finds that a member who is receiving
                                                                            disability benefits is, at any time prior to his or her normal retirement
  2. For creditable years of special risk service, A is:
                                                                            date, no longer disabled, the administrator shall direct that the benefits
  a. A is 2.00 Two percent of the member’s average final compensation       be discontinued. The decision of the administrator on this question shall
for all creditable years prior to October 1, 1974;                          be final and binding. If such member:

  b. A is 3.00 Three percent of the member’s average final                     a. Does not reenter the employ of an employer and was not vested as
compensation for all creditable years after September 30, 1974, and         of the disability retirement date, he or she shall be entitled to a refund
before October 1, 1978;                                                     of the excess, if any, of his or her accumulated contributions over the
                                                                            total disability benefits received up to the date of recovery.
  c. A is 2.00 Two percent of the member’s average final compensation
for all creditable years after September 30, 1978, and before January 1,      b. Does not reenter the employ of an employer, but was vested as of
1989;                                                                       the disability retirement date, he or she may elect to receive:
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         785

  (I) A refund of the excess, if any, of his or her accumulated                 1. If a member is a justice of the Supreme Court, judge of a district
contributions over the total disability benefits received up to the date of   court of appeal, circuit judge, or judge of a county court who has served
recovery; or                                                                  for 5 10 years or more as an elected constitutional judicial officer,
                                                                              including service as a judicial officer in any court abolished pursuant to
  (II) A deferred benefit commencing on the last day of the month of
                                                                              Art. V of the State Constitution, and who is retired for disability by order
the normal retirement date which shall be payable on the last day of the
                                                                              of the Supreme Court upon recommendation of the Judicial
month thereafter during his or her lifetime. The amount of such monthly
                                                                              Qualifications Commission pursuant to the provisions of Art. V of the
benefit shall be computed in the same manner as for a normal
                                                                              State Constitution, the member’s Option 1 monthly benefit as provided
retirement benefit, in accordance with subsection (1), but shall be based
                                                                              in subparagraph (6)(a)1. shall not be less than two-thirds of his or her
on average monthly compensation and creditable service as of the
member’s disability retirement date.                                          monthly compensation as of the member’s disability retirement date.
                                                                              Such a member may alternatively elect to receive a disability retirement
  c. Reenters employment of an employer within 6 months after                 benefit under any other option as provided in paragraph (6)(a).
recovery, the member’s service will be deemed to have been continuous,
but the period beginning with the first month for which he or she               2. Should any justice or judge who is a member of the Florida
received a disability benefit payment and ending with the date he or she      Retirement System be retired for disability by order of the Supreme
reentered employment will not be considered as creditable service for         Court upon recommendation of the Judicial Qualifications Commission
the purpose of computing benefits except as provided in sub-                  pursuant to the provisions of Art. V of the State Constitution, then all
subparagraph d. As used in this section, the term “accumulated                contributions to his or her account and all contributions made on his or
contributions” for such member means the excess of the member’s               her behalf by the employer shall be transferred to and deposited in the
accumulated contributions as of the disability retirement date over the       General Revenue Fund of the state, and there is hereby appropriated
total disability benefits received under paragraph (e).                       annually out of the General Revenue Fund, to be paid into the Florida
                                                                              Retirement System Fund, an amount necessary to pay the benefits of all
  d. Terminates his or her disability benefit, reenters covered               justices and judges retired from the Florida Retirement System
employment, and is continuously employed for a minimum of 1 year of           pursuant to Art. V of the State Constitution.
creditable service, he or she may claim as creditable service the months
during which he or she was receiving a disability benefit, upon payment         Section 12. Effective July 1, 2001, paragraph (b) of subsection (1) of
of the required contributions. Contributions shall equal the total            section 121.1115, Florida Statutes, is amended to read:
required employee and employer contribution rate applicable during the
period the retiree received retirement benefits, multiplied times his or        121.1115 Purchase of retirement credit for out-of-state and federal
her rate of monthly compensation prior to the commencement of                 service.—Effective January 1, 1995, a member of the Florida Retirement
disability retirement for each month of the period claimed, plus 4            System may purchase creditable service for periods of public
percent interest until July 1, 1975, and 6.5 percent interest thereafter,     employment in another state and receive creditable service for such
compounded annually each June 30 to the date of payment. If the               periods of employment. Service with the Federal Government, including
member does not claim credit for all of the months he or she received         any military service, may be claimed. Upon completion of each year of
disability benefits, the months claimed must be the most recent months        service earned under the Florida Retirement System, a member may
of retirement. Such credit for periods of disability, when purchased          purchase up to 1 year of retirement credit for his or her out-of-state
under the Florida Retirement System, shall apply toward vesting               service, subject to the following provisions:
requirements for eligibility to purchase additional credit for other
service.                                                                        (1) LIMITATIONS AND CONDITIONS.—To receive credit for the
                                                                              out-of-state service:
  2. Both the member receiving disability benefits who reenters
employment and the employer employing such disability retiree shall              (b) The member must have completed a minimum of 5 10 years of
notify the division immediately upon reemployment, and the division           creditable service under the Florida Retirement System, excluding out-
shall terminate such member’s disability benefits, effective the first day    of-state service and in-state service claimed and purchased under s.
of the month following the month in which notification of recovery is         121.1122.
received. If the member is reemployed with a Florida Retirement                 Section 13. Effective July 1, 2001, paragraph (a) of subsection (2) of
System employer at the time of benefit termination, and he or she has         section 121.1122, Florida Statutes, is amended to read:
received disability retirement benefit and salary payments concurrently
prior to notifying the division, he or she may elect within 30 days to:         121.1122 Purchase of retirement credit for in-state public service
                                                                              and in-state service in accredited nonpublic schools and colleges,
  a. Retain the retirement benefits received prior to termination of
                                                                              including charter schools and charter technical career centers.—
disability benefits and begin receiving retirement service credit effective
                                                                              Effective January 1, 1998, a member of the Florida Retirement System
upon the date of termination of benefits; or
                                                                              may purchase creditable service for periods of certain public or
   b. Repay, within 12 months after his or her decision to receive            nonpublic employment performed in this state, as provided in this
service credit, the retirement benefits received for each month of            section.
reemployment prior to termination of disability benefits and begin
                                                                                (2) LIMITATIONS AND CONDITIONS.—
receiving retirement service credit effective upon the date of
reemployment. Any such unpaid benefits shall have compound interest             (a) A member is not eligible to receive credit for in-state service
of 6.5 percent added June 30.                                                 under this section until he or she has completed 5 10 years of creditable
                                                                              service under the Florida Retirement System, excluding service
A member may not receive both retirement service credit for
                                                                              purchased under this section and out-of-state service claimed and
employment and retirement benefits for the same month.
                                                                              purchased under s. 121.1115.
  3. If, after recovery of disability and reentry into covered
                                                                                Section 14. Effective July 1, 2001, paragraph (a) of subsection (1) of
employment, the member again becomes disabled and is again approved
                                                                              section 121.121, Florida Statutes, is amended to read:
for disability retirement, the Option 1 monthly retirement benefit shall
not be less than the Option 1 monthly benefit calculated at the time of         121.121 Authorized leaves of absence.—
the previous disability, plus any cost of living increases up to the time
the disability benefit was terminated upon his or her reentry into               (1) A member may purchase creditable service for up to 2 work years
covered employment.                                                           of authorized leaves of absence if:

  (j) Disability retirement of justice or judge by order of Supreme             (a) The member has completed a minimum of 5 10 years of creditable
Court.—                                                                       service, excluding periods for which a leave of absence was authorized;
786                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                    April 26, 2000

  Section 15. Effective July 1, 2000, in order to fund the reduction in      Ball              Fiorentino         Littlefield       Sanderson
vesting requirements provided in this act:                                   Bense             Flanagan           Maygarden         Sembler
                                                                             Bilirakis         Fuller             Melvin            Smith, K.
  (1) The contribution rates that apply to the Regular Class of the          Bitner            Gay                Miller, J.        Sorensen
Florida Retirement System shall be increased by 0.49 percentage points;
                                                                             Bradley           Goodlette          Minton            Spratt
  (2) The contribution rates that apply to the Special Risk Class of the     Bronson           Green, C.          Murman            Stansel
Florida Retirement System shall be increased by 0.76 percentage points;      Brummer           Harrington         Ogles             Starks
                                                                             Byrd              Hart               Patterson         Sublette
  (3) The contribution rates that apply to the Special Risk                  Cantens           Johnson            Peaden            Tullis
Administrative Support Class of the Florida Retirement System shall be       Crow              Jones              Prieguez          Wallace
increased by 0.27 percentage points;                                         Dockery           Kelly              Pruitt            Wise
  (4) The contribution rates that apply to the Judicial sub-class of the     Farkas            Kilmer             Putnam
Elected Officers’ Class of the Florida Retirement System shall be            Fasano            Kyle               Rubio
increased by 0.41 percentage points;                                         Feeney            Lacasa             Russell

  (5) The contribution rates that apply to the legislative-attorney-         Votes after roll call:
Cabinet sub-class of the Elected Officers’ Class of the Florida Retirement     Yeas—Brown, Chestnut, Heyman
System shall be increased by 0.72 percentage points;                           Nays to Yeas—Goodlette

  (6) The contribution rates that apply to the County Officers’ sub-class      Under Rule 121(b), the bill was referred to the Engrossing Clerk.
of the Elected Officers’ Class of the Florida Retirement System shall be
                                                                                HB 2395—A bill to be entitled An act relating to trust funds; creating
increased by 0.37 percentage points; and
                                                                             s. 121.465, F.S.; creating the Public Employee Optional Retirement
  (7) The contribution rates that apply to the Senior Management             Program Trust Fund, to be administered by the State Board of
Service Class of the Florida Retirement System shall be increased by 0.27    Administration; providing for sources of moneys and purposes;
percentage points.                                                           providing for exemption from the general revenue service charges;
                                                                             providing for annual carryforward of funds; providing for future review
These increases shall be in addition to all other changes to such            and termination or re-creation of the trust fund; providing a contingent
contribution rates which may be enacted into law to take effect on that      effective date.
date. The Division of Statutory Revision is directed to adjust accordingly
the contribution rates set forth in ss. 121.052, 121.055, and 121.071,         —was read the second time by title and, under Rule 121(b), referred
Florida Statutes.                                                            to the Engrossing Clerk.

And the title is amended as follows:                                            HB 2397—A bill to be entitled An act relating to trust funds; creating
                                                                             s. 121.467, F.S.; creating the Public Employee Disability Trust Fund
   On page 1, line 2, after the semicolon,                                   within the Division of Retirement of the Department of Management
insert: amending ss. 121.021, 121.0515, 121.052, 121.053, 121.055,           Services; providing for sources of moneys and purposes; providing for
121.081, 121.091, 121.1115, 121.1122, and 121.121, F.S.; providing that      exemption from the general revenue service charges; providing for
members employed in a regularly established position shall be vested         annual carryforward of funds; providing for future review and
after 5 years of creditable service; providing that any terminated,          termination or re-creation of the trust fund; providing a contingent
                                                                             effective date.
inactive member must be actively employed in a covered position for 1
calendar year or more on or after the bill’s effective date to achieve         —was read the second time by title and, under Rule 121(b), referred
vested status with 5 years of service; providing for employer                to the Engrossing Clerk.
contribution rate increases to each membership class;
                                                                               HB 191 was temporarily postponed under Rule 141.
   Rep. Lawson moved the adoption of the amendment.
                                                                                CS/HB 2335—A bill to be entitled An act relating to growth
  Rep. L. Miller suggested the absence of a quorum. A quorum was             management; creating s. 125.595, F.S.; providing for the right of citizens
present.                                                                     to petition elected officials in public or private; amending s. 163.2517,
  The question recurred on the adoption of Amendment 27, which               F.S.; revising the financial incentives which a local government may
failed of adoption. The vote was:                                            offer in an urban infill and redevelopment area which relate to
                                                                             exemption from local option sales surtaxes and waiver of delinquent
Session Vote Sequence: 261                                                   taxes or fees; providing that, in order to be eligible for the exemption
                                                                             from collecting local option sales surtaxes, a business must submit an
Yeas—50                                                                      application under oath to the local government, which must be approved
Barreiro                  Edwards       Jacobs         Ritter                and submitted to the Department of Revenue; amending s. 212.08, F.S.;
Betancourt                Effman        Kosmas         Roberts               specifying that the authority of a local government to adopt financial
                                                                             and local government incentives under s. 163.2517, F.S., is not
Bloom                     Eggelletion   Lawson         Ryan
                                                                             superseded by certain provisions relating to sales tax exemptions;
Boyd                      Frankel       Lee            Smith, C.
                                                                             amending s. 163.2523, F.S.; authorizing transfer of unused funds
Bucher                    Futch         Levine         Sobel
                                                                             between grant categories under the Urban Infill and Redevelopment
Bullard                   Garcia        Lynn           Stafford
                                                                             Assistance Grant Program; amending s. 163.3164, F.S.; clarifying the
Bush                      Goode         Merchant       Suarez
                                                                             definition of “development” under the Local Government
Casey                     Gottlieb      Miller, L.     Trovillion            Comprehensive Planning and Land Development Regulation Act;
Cosgrove                  Greene, A.    Morroni        Turnbull              amending s. 163.3177, F.S.; providing that an agricultural land use
Crady                     Greenstein    Posey          Wasserman Schultz     category may be eligible for the location of public schools in a local
Crist                     Hafner        Rayson         Wiles                 government comprehensive plan under certain conditions; requiring
Detert                    Henriquez     Reddick                              preparation of an airport master plan by each publicly owned and
Diaz de la Portilla, R.   Hill          Ritchie                              operated airport and providing requirements with respect thereto;
                                                                             providing for incorporation into the local comprehensive plan; providing
Nays—61
                                                                             that development or expansion of such airports consistent with such
The Chair                 Alexander     Argenio        Arnall                plans is not a development of regional impact; providing additional
Albright                  Andrews       Argenziano     Bainter               legislative intent with respect to application of chapter 9J-5, Florida
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      787

Administrative Code, by the agency; specifying lands that are                 vested rights, duties or obligations, and pending applications with
appropriate for innovative planning and development strategies;               respect to developments of regional impact; authorizing certain
requiring a report on a program for implementing such strategies;             abandonment; providing for enforcement; amending ss. 163.06 and
providing for coordination with the Grow Smart Florida Study                  189.415, F.S.; correcting cross references, to conform; creating the Grow
Commission; prohibiting reduction in residential density on certain           Smart Florida Study Commission; providing for appointment and
property without the owner’s consent until July 1, 2001; amending s.          qualifications of members; providing the commission’s duties; requiring
163.3180, F.S.; correcting a reference; amending s. 163.3184, F.S.;           a report; providing for severability; providing an effective date.
providing additional agencies to which a local government must
transmit a proposed comprehensive plan or plan amendment; removing              —was read the second time by title.
provisions relating to transmittal of copies by the state land planning
agency; providing that a local government may request review by the              Representative(s) Sublette, Gay, Goodlette, and Alexander offered the
state land planning agency at the time of transmittal of an amendment;        following:
revising time periods with respect to submission of comments to the           (Amendment Bar Code: 772921)
agency by other agencies, notice by the agency of its intent to review,
and issuance by the agency of its report; providing for priority review of      Amendment 1 (with title amendment)—
certain amendments; clarifying language; providing for compilation and        Remove from the bill: Everything after the enacting clause
transmittal by the local government of a list of persons who will receive
an informational statement concerning the agency’s notice of intent to        and insert in lieu thereof:
find a plan or plan amendment in compliance or not in compliance;
                                                                                Section 1. Section 125.595, Florida Statutes, is created to read:
providing for rules; revising requirements relating to publication by the
agency of its notice of intent; deleting a requirement that the notice be        125.595 Right of citizens to petition elected officials.—No citizen
sent to certain persons; amending s. 163.3187, F.S.; revising                 shall be denied his or her constitutional right to petition any elected
requirements relating to small scale development amendments which             official in public or private. This provision shall preempt any other
are exempt from the limitation on the frequency of amendments to a            special act or general law to the contrary.
local comprehensive plan; revising acreage requirements; providing that
certain amendments that involve affordable housing in certain areas of          Section 2. Paragraph (j) of subsection (3) of section 163.2517, Florida
critical state concern are eligible under certain circumstances; revising     Statutes, is amended to read:
a condition relating to residential land use; removing a provision that
allows a local government to elect to have such amendments subject to           163.2517 Designation of urban infill and redevelopment area.—
review under s. 163.3184(3)-(6), F.S.; amending s. 163.3215, F.S.;              (3) A local government seeking to designate a geographic area
revising procedures for challenge of a development order by an                within its jurisdiction as an urban infill and redevelopment area shall
aggrieved or adversely affected party on the basis of inconsistency with      prepare a plan that describes the infill and redevelopment objectives of
a local comprehensive plan; providing for petition to the circuit court for   the local government within the proposed area. In lieu of preparing a
certiorari; providing for mandatory mediation; removing a requirement         new plan, the local government may demonstrate that an existing plan
that a verified complaint be filed with the local government prior to         or combination of plans associated with a community redevelopment
seeking judicial review; amending s. 163.3245, F.S., relating to optional     area, Florida Main Street program, Front Porch Florida Community,
sector plans; clarifying and conforming language; creating s. 166.0498,       sustainable community, enterprise zone, or neighborhood improvement
F.S.; providing for the right of citizens to petition elected officials in    district includes the factors listed in paragraphs (a)-(n), including a
public or private; amending s. 166.231, F.S.; authorizing application of
                                                                              collaborative and holistic community participation process, or amend
the municipal public service tax on water service to property in a
                                                                              such existing plans to include these factors. The plan shall demonstrate
development of regional impact outside of municipal boundaries under
                                                                              the local government and community’s commitment to comprehensively
certain conditions; limiting recovery if such tax is challenged; amending
                                                                              address the urban problems within the urban infill and redevelopment
s. 380.04, F.S.; revising an exemption from the definition of
                                                                              area and identify activities and programs to accomplish locally
“development” under the Florida Environmental Land and Water
                                                                              identified goals such as code enforcement; improved educational
Management Act of 1972; amending s. 380.06, F.S., relating to
                                                                              opportunities; reduction in crime; neighborhood revitalization and
developments of regional impact; revising the definition of an essentially
                                                                              preservation; provision of infrastructure needs, including mass transit
built-out development of regional impact with respect to multiuse
                                                                              and multimodal linkages; and mixed-use planning to promote
developments; providing for submission of biennial, rather than annual,
                                                                              multifunctional redevelopment to improve both the residential and
reports by the developer; authorizing submission of a letter, rather than
                                                                              commercial quality of life in the area. The plan shall also:
a report, under certain circumstances; providing for amendment of
development orders with respect to report frequency; removing criteria          (j) Identify and adopt a package of financial and local government
relating to petroleum storage facilities and waterports from the list of      incentives which the local government will offer for new development,
criteria used to determine existence of a substantial deviation; revising     expansion of existing development, and redevelopment within the urban
the criterion relating to multiuse developments of regional impact;           infill and redevelopment area. Examples of such incentives include:
providing that an extension of the date of buildout of less than 7 years
is not a substantial deviation; revising provisions relating to                 1. Waiver of license and permit fees.
determination of whether a change constitutes a substantial deviation
based on its percentage of the specified numerical criteria; revising           2. Exemption of sales made in the urban infill and redevelopment
notice requirements; providing that changes that are less than specified      area from Waiver of local option sales surtaxes imposed pursuant to s.
numerical criteria need not be submitted to the state land planning           212.054 taxes.
agency and specifying the agency’s right to appeal with respect to such         3. Waiver of delinquent local taxes or fees to promote the return of
changes; deleting an exemption from review by the regional planning           property to productive use.
agency and state land planning agency for certain changes; exempting
petroleum storage facilities from development-of-regional-impact                4. Expedited permitting.
review under certain circumstances; providing for maintenance of the
exemption       from     development-of-regional-impact      review     for     5. Lower transportation impact fees for development which
developments under s. 163.3245, F.S., relating to optional sector plans,      encourages more use of public transit, pedestrian, and bicycle modes of
if said section is repealed; exempting certain development or expansion       transportation.
of airports from development-of-regional-impact review under certain            6. Prioritization of infrastructure spending within the urban infill
circumstances; repealing s. 380.0651(3)(e), F.S., which provides the          and redevelopment area.
statewide guidelines and standards for development-of-regional-impact
review for port facilities; amending s. 380.0651, F.S.; providing for           7. Local government absorption of developers’ concurrency costs.
788                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                          April 26, 2000

In order to be authorized to recognize the exemption from local option        implementing projects exceed 20 percent in any given fiscal year. Projects
sales surtaxes pursuant to subparagraph 2., the owner, lessee, or lessor      that provide employment opportunities to clients of the WAGES
of the new development, expanding existing development, or                    program and projects within urban infill and redevelopment areas that
redevelopment within the urban infill and redevelopment area must file        include a community redevelopment area, Florida Main Street program,
an application under oath with the governing body having jurisdiction         Front Porch Florida Community, sustainable community, enterprise
over the urban infill and redevelopment area where the business is            zone, federal enterprise zone, enterprise community, or neighborhood
located. The application must include the name and address of the             improvement district must be given an elevated priority in the scoring
business claiming the exclusion from collecting local option surtaxes; an     of competing grant applications. The Division of Housing and
address and assessment roll parcel number of the urban infill and             Community Development of the Department of Community Affairs shall
redevelopment area for which the exemption is being sought; a                 administer the grant program. The Department of Community Affairs
description of the improvements made to accomplish the new                    shall adopt rules establishing grant review criteria consistent with this
development, expanding development, or redevelopment of the real              section.
property; a copy of the building permit application or the building permit
                                                                               Section 5. Subsection (6) of section 163.3164, Florida Statutes, is
issued for the development of the real property; a new application for a      amended to read:
certificate of registration with the Department of Revenue with the
address of the new development, expanding development, or                       163.3164 Definitions.—As used in this act:
redevelopment; and the location of the property. The local government
must review and approve the application and submit the completed                 (6) “Development” has the meaning given it in s. 380.04. The
application and documentation along with a copy of the ordinance              following operations or uses shall not be taken for the purpose of this act
adopted pursuant to subsection (5) to the Department of Revenue in order      to involve “development”:
for the business to become eligible to make sales exempt from local option      (a) Work by a highway or road agency or railroad company for the
sales surtaxes in the urban infill and redevelopment area.                    maintenance or improvement of a road or railroad track, if the work is
                                                                              carried out on land within the boundaries of the right-of-way.
 Section 3. Subsection (13) of section 212.08, Florida Statutes, is
amended to read:                                                                (b) Work by any utility and other persons engaged in the distribution
                                                                              or transmission of gas or water, for the purpose of inspecting, repairing,
  212.08 Sales, rental, use, consumption, distribution, and storage
                                                                              renewing, or constructing on established rights-of-way any sewers,
tax; specified exemptions.—The sale at retail, the rental, the use, the
                                                                              mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or
consumption, the distribution, and the storage to be used or consumed
                                                                              the like.
in this state of the following are hereby specifically exempt from the tax
imposed by this chapter.                                                        (c) Work for the maintenance, renewal, improvement, or alteration of
                                                                              any structure, if the work affects only the interior or the color of the
  (13) No transactions shall be exempt from the tax imposed by this
                                                                              structure or the decoration of the exterior of the structure.
chapter except those expressly exempted herein. All laws granting tax
exemptions, to the extent they may be inconsistent or in conflict with          (d) The use of any structure or land devoted to dwelling uses for any
this chapter, including, but not limited to, the following designated laws,   purpose customarily incidental to enjoyment of the dwelling.
shall yield to and be superseded by the provisions of this subsection: ss.
125.019, 153.76, 154.2331, 159.15, 159.31, 159.50, 159.708, 163.385,            (e) The use of any land for the purpose of growing plants, crops, trees,
163.395, 215.76, 243.33, 258.14, 315.11, 348.65, 348.762, 349.13,             and other agricultural or forestry products; raising livestock; or for other
403.1834, 616.07, and 623.09, and the following Laws of Florida, acts of      agricultural purposes.
the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter 30845,           (f) A change in use of land or structure from a use within a class
1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter   specified in an ordinance or rule to another use in the same class.
31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754; s. 10,         (g) A change in the ownership or form of ownership of any parcel or
chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter 65-1274; s. 16,       structure.
chapter 67-1446; and s. 10, chapter 67-1681. This subsection does not
supersede the authority of a local government to adopt financial and            (h) The creation or termination of rights of access, riparian rights,
local government incentives pursuant to s. 163.2517.                          easements, covenants concerning development of land, or other rights in
                                                                              land.
  Section 4. Section 163.2523, Florida Statutes, is amended to read:
                                                                                Section 6. Paragraph (a) of subsection (6) of section 163.3177,
  163.2523 Grant program.—An Urban Infill and Redevelopment                   Florida Statutes, is amended, paragraph (k) is added to said subsection,
Assistance Grant Program is created for local governments. A local            and paragraph (i) of subsection (10) and subsection (11) of said section
government may allocate grant money to special districts, including           are amended, to read:
community redevelopment agencies, and nonprofit community
development organizations to implement projects consistent with an              163.3177 Required and optional elements of comprehensive plan;
adopted urban infill and redevelopment plan or plan employed in lieu          studies and surveys.—
thereof. Thirty percent of the general revenue appropriated for this            (6) In addition to the requirements of subsections (1)-(5), the
program shall be available for planning grants to be used by local            comprehensive plan shall include the following elements:
governments for the development of an urban infill and redevelopment
plan, including community participation processes for the plan. Sixty           (a) A future land use plan element designating proposed future
percent of the general revenue appropriated for this program shall be         general distribution, location, and extent of the uses of land for
available for fifty/fifty matching grants for implementing urban infill       residential uses, commercial uses, industry, agriculture, recreation,
and redevelopment projects that further the objectives set forth in the       conservation, education, public buildings and grounds, other public
local government’s adopted urban infill and redevelopment plan or plan        facilities, and other categories of the public and private uses of land. The
employed in lieu thereof. The remaining 10 percent of the revenue must        future land use plan shall include standards to be followed in the control
be used for outright grants for implementing projects requiring an            and distribution of population densities and building and structure
expenditure of under $50,000. If the volume of fundable applications          intensities. The proposed distribution, location, and extent of the
under any of the allocations specified in this section does not fully         various categories of land use shall be shown on a land use map or map
obligate the amount of the allocation, the Department of Community            series which shall be supplemented by goals, policies, and measurable
Affairs may transfer the unused balance to the category having the            objectives. Each land use category shall be defined in terms of the types
highest dollar value of applications eligible but unfunded. However, in       of uses included and specific standards for the density or intensity of
no event may the percentage of dollars allocated to outright grants for       use. The future land use plan shall be based upon surveys, studies, and
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         789

data regarding the area, including the amount of land required to              government having jurisdiction under this act over the area in which the
accommodate anticipated growth; the projected population of the area;          airport or projected airport or aviation development is located. The
the character of undeveloped land; the availability of public services; the    Department of Community Affairs, in conjunction with the Department
need for redevelopment, including the renewal of blighted areas and the        of Transportation, shall provide technical assistance to airports and
elimination of nonconforming uses which are inconsistent with the              local governments to assist in the coordination of airport master plans
character of the community; and, in rural communities, the need for job        with the local government comprehensive plan, consistent with the State
creation, capital investment, and economic development that will               Comprehensive Plan, the applicable strategic regional policy plan, and
strengthen and diversify the community’s economy. The future land use          state goals and objectives related to airport planning. In the amendment
plan may designate areas for future planned development use involving          to the local comprehensive plan which integrates the airport master plan,
combinations of types of uses for which special regulations may be             the affected local government shall address land use compatibility
necessary to ensure development in accord with the principles and              consistent with chapter 333 regarding airport zoning; the provision of
standards of the comprehensive plan and this act. In addition, for rural       regional transportation facilities for the efficient use and operation of the
communities, the amount of land designated for future planned                  transportation system and airport; consistency with the transportation or
industrial use shall be based upon surveys and studies that reflect the        traffic circulation element of the applicable local comprehensive plan
need for job creation, capital investment, and the necessity to                and applicable metropolitan planning organization long-range
strengthen and diversify the local economies, and shall not be limited         transportation plan; and the execution of any necessary interlocal
solely by the projected population of the rural community. The future          agreements for the purpose of the provision of public facilities and
land use plan of a county may also designate areas for possible future         services to maintain the adopted level of service standards for facilities
municipal incorporation. The land use maps or map series shall                 subject to concurrency. The amendment to the local comprehensive plan
generally identify and depict historic district boundaries and shall           which integrates the airport master plan shall meet the requirements of
designate historically significant properties meriting protection. The         this paragraph. Development or expansion of any publicly owned or
future land use element must clearly identify the land use categories in       operated airport, or airport-related or aviation-related development,
which public schools are an allowable use. When delineating the land           meeting the requirements of this paragraph shall not be a development
use categories in which public schools are an allowable use, a local           of regional impact when such development, expansion, project, or facility
government shall include in the categories sufficient land proximate to        is consistent with an adopted airport master plan that is approved by the
residential development to meet the projected needs for schools in             Federal Aviation Administration and the Department of Transportation
coordination with public school boards and may establish differing             and is in compliance with this part.
criteria for schools of different type or size. Each local government shall
include lands contiguous to existing school sites, to the maximum extent          (10) The Legislature recognizes the importance and significance of
possible, within the land use categories in which public schools are an        chapter 9J-5, Florida Administrative Code, the Minimum Criteria for
allowable use. All comprehensive plans must comply with the school             Review of Local Government Comprehensive Plans and Determination
siting requirements of this paragraph no later than October 1, 1999. The       of Compliance of the Department of Community Affairs that will be used
failure by a local government to comply with these school siting               to determine compliance of local comprehensive plans. The Legislature
requirements by October 1, 1999, will result in the prohibition of the         reserved unto itself the right to review chapter 9J-5, Florida
local government’s ability to amend the local comprehensive plan,              Administrative Code, and to reject, modify, or take no action relative to
except for plan amendments described in s. 163.3187(1)(b), until the           this rule. Therefore, pursuant to subsection (9), the Legislature hereby
school siting requirements are met. An amendment proposed by a local           has reviewed chapter 9J-5, Florida Administrative Code, and expresses
government for purposes of identifying the land use categories in which        the following legislative intent:
public schools are an allowable use is exempt from the limitation on the          (i) Due to the varying complexities, sizes, growth rates, and other
frequency of plan amendments contained in s. 163.3187. The future land         factors associated with local governments in Florida, the department
use element shall include criteria which encourage the location of             shall take into account the factors delineated in rule 9J-5.002(2), Florida
schools proximate to urban residential areas to the extent possible and        Administrative Code, as it provides assistance to local governments and
shall require that the local government seek to collocate public facilities,   applies the rule in specific situations with regard to the detail of the data
such as parks, libraries, and community centers, with schools to the           and analysis, and the content of the goals, objectives, policies, and other
extent possible. For schools serving predominantly rural areas, an             graphic or textual standards required. If a local government has in place
agricultural land use category may be eligible by plan amendment for the       a comprehensive plan found in compliance, the department shall take
location of public school facilities, provided the local comprehensive plan    into account as it applies chapter 9J-5, Florida Administrative Code,
contains school siting criteria or the applicable land use category will be    whether a plan amendment constitutes substantial progress over existing
amended through a comprehensive plan amendment.                                provisions in the local comprehensive plan regarding consistency with
  (k) An airport master plan shall be prepared by each publicly owned          chapter 9J-5, Florida Administrative Code. The provisions of this
and operated airport licensed by the Department of Transportation              paragraph are not intended to allow the department to waive or vary any
under chapter 330. The airport master plan shall address the airport,          of the requirements of law.
projected airport or aviation development, and land use compatibility             (11)(a) The Legislature recognizes the need for innovative planning
around the airport. The airport master plan must be consistent with            and development strategies which will address the anticipated demands
applicable requirements for airport master planning issued by the              of continued urbanization of Florida’s coastal and other environmentally
Federal Aviation Administration, pursuant to the applicable Federal            sensitive areas, and which will accommodate the development of less
Aviation     Administration’s   Advisory     Circulars   and    Airport        populated regions of the state which seek economic development and
Environmental Handbook, and by the Department of Transportation,               which have suitable land and water resources to accommodate growth
pursuant to s. 332.007(5), and with the Department of Transportation’s         in an environmentally acceptable manner. The Legislature further
Guidebook for Airport Master Planning and Airport Compatible Land              recognizes the substantial advantages of innovative approaches to
Use Guidance. The airport master plan, and any subsequent                      development which may better serve to protect environmentally
amendments to the airport master plan, shall be incorporated into the          sensitive areas, maintain the economic viability of agricultural and
transportation or traffic circulation element of each affected local           other predominantly rural land uses, and provide for the cost-efficient
government comprehensive plan by the adoption of a local government            delivery of public facilities and services.
comprehensive plan amendment. The authorized entity having
responsibility for governing the operation of the airport shall submit           (b) It is the intent of the Legislature that the local government
copies of an airport master plan which meets the requirements of this          comprehensive plans and plan amendments adopted pursuant to the
paragraph to the affected local government no later than July 1, 2001.         provisions of this part provide for a planning process which allows for
The affected local government shall incorporate an airport master plan         land use efficiencies within existing urban areas and which also allows
into the local government comprehensive plan no later than July 1, 2002.       for the conversion of rural lands to other uses, where appropriate and
As used in this paragraph, “affected local government” means any local         consistent with the other provisions of this part and the affected local
790                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                           April 26, 2000

comprehensive plans, through the application of innovative and flexible            163.3178 Coastal management.—
planning and development strategies and creative land use planning
techniques, which may include, but not be limited to, urban villages,              (2) Each coastal management element required by s. 163.3177(6)(g)
new towns, satellite communities, area-based allocations, clustering             shall be based on studies, surveys, and data; be consistent with coastal
and open space provisions, mixed-use development, and sector planning.           resource plans prepared and adopted pursuant to general or special law;
                                                                                 and contain:
  (c) Lands classified in the future land use plan element as
agricultural, rural, open, open/rural, or a substantively equivalent land          (g) A shoreline use component which identifies public access to
use shall also be deemed appropriate for innovative planning and                 beach and shoreline areas and addresses the need for water-dependent
development strategies described in paragraphs (a) and (b) which the             and water-related facilities, including marinas, along shoreline areas.
department recognizes as methods for discouraging urban sprawl                   Local governments within counties identified in s. 370.12(2)(f) shall
consistent with the provisions of the state comprehensive plan, regional         adopt a marina siting plan as part of this component no later than
policy plans, and this part.                                                     October 1, 2001.
  (d) The Department of Community Affairs, in conjunction with the                  Section 8. Subsections (3), (4), (6), (7), (8), and (15) and paragraph (d)
Department of Agriculture and Consumer Services, shall, by no later              of subsection (16) of section 163.3184, Florida Statutes, are amended to
than December 15, 2000, prepare and submit to the Governor, the                  read:
Speaker of the House of Representatives, and the President of the Senate
a report on a program of planning incentives, economic incentives, and            163.3184 Process for adoption of comprehensive plan or plan
other measures as may be necessary to facilitate the timely                      amendment.—
implementation of innovative planning and development strategies
described in paragraphs (a), (b), and (c) while protecting                        (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED
environmentally sensitive areas, maintaining the economic viability of           PLAN OR AMENDMENT.—
agriculture and other predominantly rural land uses, and providing for              (a) Each local governing body shall transmit the complete proposed
the cost-efficient delivery of public facilities and services. Such incentives   comprehensive plan or plan amendment to the state land planning
and other measures shall address the following:                                  agency, the appropriate regional planning council and water
  1. “Smart growth” strategies within rural areas which proactively              management district, the Department of Environmental Protection, the
address both the pressures of population growth and the substantial need         Department of State, and the Department of Transportation, and, in the
for rural economic development.                                                  case of municipal plans, to the appropriate county, and, in the case of
                                                                                 county plans, to the Fish and Wildlife Conservation Commission and the
  2. The importance of maintaining rural land values as the                      Department of Agriculture and Consumer Services, immediately
cornerstone of maintaining a viable rural economy.                               following a public hearing pursuant to subsection (15) as specified in the
                                                                                 state land planning agency’s procedural rules. The local governing body
  3. Expression of the contents of paragraphs (a), (b), and (c) in the
                                                                                 shall also transmit a copy of the complete proposed comprehensive plan
form of practical and easily understood planning guidelines.
                                                                                 or plan amendment to any other unit of local government or government
  4. A rural lands stewardship program under which the owners of                 agency in the state that has filed a written request with the governing
rural property are encouraged to convey development rights in exchange           body for the plan or plan amendment. The local government may request
for smart growth development credits which are transferable within               a review by the state land planning agency pursuant to subsection (6) at
rural areas in which innovative development and strategies are applied           the time of transmittal of an amendment.
as part of a pattern of land use which protects environmentally sensitive
areas, maintains the economic viability of agriculture and other                   (b) A local governing body shall not transmit portions of a plan or
predominantly rural land uses, and provides for the cost-efficient               plan amendment unless it has previously provided to all state agencies
delivery of public facilities and services.                                      designated by the state land planning agency a complete copy of its
                                                                                 adopted comprehensive plan pursuant to subsection (7) and as specified
  5. Strategies and incentives to reward best management practices for           in the agency’s procedural rules. In the case of comprehensive plan
agricultural activities consistent with the conservation and protection of       amendments, the local governing body shall transmit to the state land
environmentally sensitive areas and sound water management practices.            planning agency, the appropriate regional planning council and water
                                                                                 management district, the Department of Environmental Protection, the
  6. The coordination of state transportation facilities, including
                                                                                 Department of State, and the Department of Transportation, and, in the
roadways, railways, and port and airport facilities, to provide for the
                                                                                 case of municipal plans, to the appropriate county, and, in the case of
transportation of agricultural products and supplies.
                                                                                 county plans, to the Fish and Wildlife Conservation Commission and the
The Department of Community Affairs shall also submit a copy of such             Department of Agriculture and Consumer Services, the materials
report to the Grow Smart Florida Study Commission by December 15,                specified in the state land planning agency’s procedural rules and, in
2000. The Department of Community Affairs and the Department of                  cases in which the plan amendment is a result of an evaluation and
Agriculture and Consumer Services shall regularly report their progress          appraisal report adopted pursuant to s. 163.3191, a copy of the
on these issues to the commission, cooperate and lend assistance to the          evaluation and appraisal report. Local governing bodies shall
commission, and coordinate their final reporting to the Legislature to the       consolidate all proposed plan amendments into a single submission for
greatest extent possible.                                                        each of the two plan amendment adoption dates during the calendar
                                                                                 year pursuant to s. 163.3187.
  (e)(c) It is the further intent of the Legislature that local government
comprehensive plans and implementing land development regulations                  (c) A local government may adopt a proposed plan amendment
shall provide strategies which maximize the use of existing facilities and       previously transmitted pursuant to this subsection, unless review is
services through redevelopment, urban infill development, and other              requested or otherwise initiated pursuant to subsection (6).
strategies for urban revitalization.
                                                                                   (d) In cases in which a local government transmits multiple
  (f)(d) The implementation of this subsection shall be subject to the           individual amendments that can be clearly and legally separated and
provisions of this chapter, chapters 186 and 187, and applicable agency          distinguished for the purpose of determining whether to review the
rules.                                                                           proposed amendment, and the state land planning agency elects to
                                                                                 review several or a portion of the amendments and the local government
  (g)(e) The department shall implement the provisions of this
subsection by rule.                                                              chooses to immediately adopt the remaining amendments not reviewed,
                                                                                 the amendments immediately adopted and any reviewed amendments
  Section 7. Paragraph (g) of subsection (2) of section 163.3178,                that the local government subsequently adopts together constitute one
Florida Statutes, is amended to read:                                            amendment cycle in accordance with s. 163.3187(1).
April 26, 2000                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        791

  (4) INTERGOVERNMENTAL REVIEW.—If review of a proposed                     comments, the state land planning agency shall only base its
comprehensive plan amendment is requested or otherwise initiated            considerations on written, and not oral, comments, from any source.
pursuant to subsection (6), the state land planning agency within 5
working days of determining that such a review will be conducted shall        (d) The state land planning agency review shall identify all written
transmit a copy of the proposed plan amendment to various government        communications with the agency regarding the proposed plan
agencies, as appropriate, for response or comment, including, but not       amendment. If the state land planning agency does not issue such a
limited to, the Department of Environmental Protection, the                 review, it shall identify in writing to the local government all written
Department of Transportation, the water management district, and the        communications received 30 days after transmittal. The written
regional planning council, and, in the case of municipal plans, to the      identification must include a list of all documents received or generated
county land planning agency. The These governmental agencies                by the agency, which list must be of sufficient specificity to enable the
specified in paragraph (3)(a) shall provide comments to the state land      documents to be identified and copies requested, if desired, and the
planning agency within 30 days after receipt by the state land planning     name of the person to be contacted to request copies of any identified
agency of the complete proposed plan amendment. The appropriate             document. The list of documents must be made a part of the public
regional planning council shall also provide its written comments to the    records of the state land planning agency.
state land planning agency within 30 days after receipt by the state land      (7) LOCAL        GOVERNMENT         REVIEW       OF     COMMENTS;
planning agency of the complete proposed plan amendment and shall           ADOPTION OF PLAN OR AMENDMENTS AND TRANSMITTAL.—
specify any objections, recommendations for modifications, and              The local government shall review the written comments submitted to
comments of any other regional agencies to which the regional planning      it by the state land planning agency, and any other person, agency, or
council may have referred the proposed plan amendment. Written              government. Any comments, recommendations, or objections and any
comments submitted by the public within 30 days after notice of             reply to them shall be public documents, a part of the permanent record
transmittal by the local government of the proposed plan amendment          in the matter, and admissible in any proceeding in which the
will be considered as if submitted by governmental agencies. All written    comprehensive plan or plan amendment may be at issue. The local
agency and public comments must be made part of the file maintained         government, upon receipt of written comments from the state land
under subsection (2).                                                       planning agency, shall have 120 days to adopt or adopt with changes the
  (6) STATE LAND PLANNING AGENCY REVIEW.—                                   proposed comprehensive plan or s. 163.3191 plan amendments. In the
                                                                            case of comprehensive plan amendments other than those proposed
  (a) The state land planning agency shall review a proposed plan           pursuant to s. 163.3191, the local government shall have 60 days to
amendment upon request of a regional planning council, affected             adopt the amendment, adopt the amendment with changes, or
person, or local government transmitting the plan amendment. The            determine that it will not adopt the amendment. The adoption of the
request from the regional planning council or affected person must be if    proposed plan or plan amendment or the determination not to adopt a
the request is received within 30 days after transmittal of the proposed    plan amendment, other than a plan amendment proposed pursuant to
plan amendment pursuant to subsection (3). The agency shall issue a         s. 163.3191, shall be made in the course of a public hearing pursuant to
report of its objections, recommendations, and comments regarding the       subsection (15). The local government shall transmit the complete
proposed plan amendment. A regional planning council or affected            adopted comprehensive plan or adopted plan amendment to the state
person requesting a review shall do so by submitting a written request      land planning agency as specified in the agency’s procedural rules
to the agency with a notice of the request to the local government and      within 10 working days after adoption, including the names and
any other person who has requested notice.                                  addresses of persons compiled pursuant to paragraph (15)(c). The local
                                                                            governing body shall also transmit a copy of the adopted comprehensive
   (b) The state land planning agency may review any proposed plan          plan or plan amendment to the regional planning agency and to any
amendment regardless of whether a request for review has been made,         other unit of local government or governmental agency in the state that
if the agency gives notice to the local government, and any other person    has filed a written request with the governing body for a copy of the plan
who has requested notice, of its intention to conduct such a review         or plan amendment.
within 35 30 days of receipt by the state land planning agency
transmittal of the complete proposed plan amendment pursuant to               (8) NOTICE OF INTENT.—
subsection (3).
                                                                              (a) Except as provided in s. 163.3187(3), the state land planning
   (c) The state land planning agency shall establish by rule a schedule    agency, upon receipt of a local government’s complete adopted
for receipt of comments from the various government agencies, as well       comprehensive plan or plan amendment, shall have 45 days for review
as written public comments, pursuant to subsection (4). If the state land   and to determine if the plan or plan amendment is in compliance with
planning agency elects to review the amendment or the agency is required    this act, unless the amendment is the result of a compliance agreement
to review the amendment as specified in paragraph (a), the agency shall     entered into under subsection (16), in which case the time period for
issue a report of its objections, recommendations, and comments             review and determination shall be 30 days. If review was not conducted
regarding the proposed amendment within 60 days of receipt of the           under subsection (6), the agency’s determination must be based upon
complete proposed amendment by the state land planning agency.              the plan amendment as adopted. If review was conducted under
Proposed comprehensive plan amendments from small counties or rural         subsection (6), the agency’s determination of compliance must be based
communities for the purpose of job creation, economic development, or       only upon one or both of the following:
strengthening and diversifying the economy shall receive priority review
by the state land planning agency. The state land planning agency shall       1. The state land planning agency’s written comments to the local
have 30 days to review comments from the various government agencies        government pursuant to subsection (6); or
along with a local government’s comprehensive plan or plan                    2. Any changes made by the local government to the comprehensive
amendment. During that period, the state land planning agency shall         plan or plan amendment as adopted.
transmit in writing its comments to the local government along with any
objections and any recommendations for modifications. When a federal,         (b) During the time period provided for in this subsection, the state
state, or regional agency has implemented a permitting program, the         land planning agency shall issue, through a senior administrator or the
state land planning agency shall not require a local government to          secretary, as specified in the agency’s procedural rules, a notice of intent
duplicate or exceed that permitting program in its comprehensive plan       to find that the plan or plan amendment is in compliance or not in
or to implement such a permitting program in its land development           compliance. A notice of intent shall be issued by publication in the
regulations. Nothing contained herein shall prohibit the state land         manner provided by this paragraph and by mailing a copy to the local
planning agency in conducting its review of local plans or plan             government and to persons who request notice. The required
amendments from making objections, recommendations, and comments            advertisement shall be no less than 2 columns wide by 10 inches long,
or making compliance determinations regarding densities and                 and the headline in the advertisement shall be in a type no smaller than
intensities consistent with the provisions of this part. In preparing its   12 point. The advertisement shall not be placed in that portion of the
792                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                          April 26, 2000

newspaper where legal notices and classified advertisements appear.              requirements of subsections (2) through (7). The local government shall
The advertisement shall be published in a newspaper which meets the              hold a single adoption public hearing pursuant to the requirements of
size and circulation requirements set forth in paragraph (15)(d)(c) and          subparagraph (15)(b)2. and paragraph (15)(d)(c). Within 10 working
which has been designated in writing by the affected local government            days after adoption of a plan amendment, the local government shall
at the time of transmittal of the amendment. Publication by the state            transmit the amendment to the state land planning agency as specified
land planning agency of a notice of intent in the newspaper designated           in the agency’s procedural rules, and shall submit one copy to the
by the local government shall be prima facie evidence of compliance with         regional planning agency and to any other unit of local government or
the publication requirements of this section.                                    government agency in the state that has filed a written request with the
                                                                                 governing body for a copy of the plan amendment, and one copy to any
  (c) The state land planning agency shall post a copy of the notice of          party to the proceeding under ss. 120.569 and 120.57 granted intervenor
intent on the agency’s Internet site. The agency shall, no later than the        status.
date the notice of intent is transmitted to the newspaper, mail a courtesy
informational statement to the persons whose names and mailing                     Section 9. Paragraph (c) of subsection (1) of section 163.3187, Florida
addresses were compiled pursuant to paragraph (15)(c). The                       Statutes, is amended to read:
informational statement shall include the identity of the newspaper in
which the notice of intent will appear, the approximate date of                    163.3187 Amendment of adopted comprehensive plan.—
publication of the notice of intent, the ordinance number of the plan or           (1) Amendments to comprehensive plans adopted pursuant to this
plan amendment, and a statement that the informational statement is              part may be made not more than two times during any calendar year,
provided as a courtesy to the person and that affected persons have 21           except:
days from the actual date of publication of the notice to file a petition. The
informational statement shall be sent by regular mail and shall not affect         (c) Any local government comprehensive plan amendments directly
the timeframes in subsections (9) and (10).                                      related to proposed small scale development activities may be approved
                                                                                 without regard to statutory limits on the frequency of consideration of
  (15) PUBLIC HEARINGS.—                                                         amendments to the local comprehensive plan. A small scale
   (a) The procedure for transmittal of a complete proposed                      development amendment may be adopted only under the following
comprehensive plan or plan amendment pursuant to subsection (3) and              conditions:
for adoption of a comprehensive plan or plan amendment pursuant to                  1. The proposed amendment involves a use of 10 acres or fewer,
subsection (7) shall be by affirmative vote of not less than a majority of       except that a proposed amendment may involve a use of 20 acres or fewer
the members of the governing body present at the hearing. The adoption           if located within an area designated in the local comprehensive plan for
of a comprehensive plan or plan amendment shall be by ordinance. For             urban infill, urban redevelopment, or downtown revitalization as
the purposes of transmitting or adopting a comprehensive plan or plan            defined in s. 163.3164, urban infill and redevelopment areas designated
amendment, the notice requirements in chapters 125 and 166 are                   under s. 163.2517, transportation concurrency exception areas approved
superseded by this subsection, except as provided in this part.                  pursuant to s. 163.3180(5), or regional activity centers and urban central
   (b) The local governing body shall hold at least two advertised public        business districts approved pursuant to s. 380.06(2)(e), and:
hearings on the proposed comprehensive plan or plan amendment as                   a. The cumulative annual effect of the acreage for all small scale
follows:                                                                         development amendments adopted by the local government does shall
  1. The first public hearing shall be held at the transmittal stage             not exceed:
pursuant to subsection (3). It shall be held on a weekday at least 7 days          (I) A maximum of 150 120 acres in the a local government that
after the day that the first advertisement is published.                         contains areas specifically designated in the local comprehensive plan
  2. The second public hearing shall be held at the adoption stage               for urban infill, urban redevelopment, or downtown revitalization as
pursuant to subsection (7). It shall be held on a weekday at least 5 days        defined in s. 163.3164, urban infill and redevelopment areas designated
after the day that the second advertisement is published.                        under s. 163.2517, transportation concurrency exception areas approved
                                                                                 pursuant to s. 163.3180(5), or regional activity centers and urban
  (c) The local government shall provide a sign-in form at the                   central business districts approved pursuant to s. 380.06(2)(e); however,
transmittal hearing and at the adoption hearing for persons to provide           amendments under this paragraph may be applied to no more than 60
their name and mailing address. The sign-in form shall state that any            acres annually of property outside the designated areas listed in this
person providing the requested information will receive a courtesy               sub-sub-subparagraph.
informational statement concerning publication of the state land
planning agency’s notice of intent. The local government shall add to the           (II) A maximum of 80 acres in a local government that does not
sign-in form the name and address of any person who submits written              contain any of the designated areas set forth in sub-sub-subparagraph
comments concerning the proposed plan or plan amendment during the               (I).
time period between the commencement of the transmittal hearing and                (II)(III) A maximum of 200 120 acres in a county established
the end of the adoption hearing. It shall be the responsibility of the person    pursuant to s. 9, Art. VIII of the Constitution of 1885, as preserved by s.
completing the form or providing written comments to accurately,                 6(e), Art. VIII of the revised state constitution.
completely, and legibly provide all information required to receive the
courtesy informational statement. The agency shall adopt rules to                  b. The proposed amendment does not involve the same property
provide a model sign-in form and the format for providing the list to the        granted a change within the prior 12 months.
agency.
                                                                                   c. The proposed amendment does not involve the same owner’s
  (d)(c) If the proposed comprehensive plan or plan amendment                    property within 200 feet of property granted a change within the prior
changes the actual list of permitted, conditional, or prohibited uses            12 months.
within a future land use category or changes the actual future land use
map designation of a parcel or parcels of land, the required                       d. The proposed amendment does not involve a text change to the
advertisements shall be in the format prescribed by s. 125.66(4)(b)2. for        goals, policies, and objectives of the local government’s comprehensive
a county or by s. 166.041(3)(c)2.b. for a municipality.                          plan, but only proposes a land use change to the future land use map for
                                                                                 a site-specific small scale development activity.
  (16) COMPLIANCE AGREEMENTS.—
                                                                                   e. The property that is the subject of the proposed amendment is not
  (d) A local government may adopt a plan amendment pursuant to a                located within an area of critical state concern, unless the project subject
compliance agreement in accordance with the requirements of                      to the proposed amendment involves the construction of affordable
paragraph (15)(a). The plan amendment shall be exempt from the                   housing units meeting the criteria of s. 420.0004(3), and is located within
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         793

an area of critical state concern designated by s. 380.0552 or by the         comprehensive plan adopted under this part. The local government that
Administration Commission pursuant to s. 380.05(1). Such amendment            issued the development order and the applicant for the development
is not subject to the density limitations of sub-subparagraph f., and shall   order, if suit is brought by an aggrieved or adversely affected party, shall
be reviewed by the state land planning agency for consistency with the        be named as respondents in any proceeding pursuant to this section.
principles for guiding development applicable to the area of critical state
concern where the property that is the subject of the amendment is              (4) If a local government adopts an ordinance establishing, at a
located, and shall not become effective until a final order is issued under   minimum, the components of its local development review process listed
s. 380.05(6).                                                                 in this subsection, then the sole action for an aggrieved or adversely
                                                                              affected party to challenge consistency of a development order with the
  f. If The proposed amendment does not involve involves a residential        comprehensive plan shall be by a petition for certiorari filed in circuit
land use within the coastal high hazard area with, the residential land       court. The court shall have the authority to order injunctive or such other
use has a density exceeding of 10 units or less per acre., except that this   relief as it deems appropriate. Minimum components of the local process
limitation does not apply to small scale amendments described in sub-         shall be as follows:
sub-subparagraph a.(I) that are designated in the local comprehensive
                                                                                (a) Notice by publication and by mailed notice to all abutting
plan for urban infill, urban redevelopment, or downtown revitalization
                                                                              property owners simultaneous with the filing of application for
as defined in s. 163.3164, urban infill and redevelopment areas
                                                                              development review.
designated under s. 163.2517, transportation concurrency exception
areas approved pursuant to s. 163.3180(5), or regional activity centers         (b) An opportunity to participate in the process for an aggrieved or
and urban central business districts approved pursuant to s.                  adversely affected party which provides a reasonable time to prepare and
380.06(2)(e).                                                                 present a case.
   2.a. A local government that proposes to consider a plan amendment           (c) An opportunity for reasonable discovery prior to a quasi-judicial
pursuant to this paragraph is not required to comply with the                 hearing.
procedures and public notice requirements of s. 163.3184(15)(d)(c) for
such plan amendments if the local government complies with the                  (d) A hearing before an independent special master, who shall be an
provisions in s. 125.66(4)(a) for a county or in s. 166.041(3)(c) for a       attorney with at least 5 years’ experience, and who shall, at conclusion
municipality. If a request for a plan amendment under this paragraph          of the hearing, recommend written findings of fact and conclusions of
is initiated by other than the local government, public notice is required.   law.

  b. The local government shall send copies of the notice and                   (e) At the hearing all parties shall have the opportunity to respond,
amendment to the state land planning agency, the regional planning            to present evidence and argument on all issues involved, and to conduct
council, and any other person or entity requesting a copy. This               cross examination and submit rebuttal evidence.
information shall also include a statement identifying any property             (f) The standard of review applied by the special master shall be in
subject to the amendment that is located within a coastal high hazard         accordance with Florida law.
area as identified in the local comprehensive plan.
                                                                                (g) A hearing before the local government, which shall be bound by
  3. Small scale development amendments adopted pursuant to this              the special master’s findings of fact unless not supported by competent
paragraph require only one public hearing before the governing board,         substantial evidence, but which shall not be bound by the conclusions of
which shall be an adoption hearing as described in s. 163.3184(7), and        law if it finds that the special master’s application or interpretation of
are not subject to the requirements of s. 163.3184(3)-(6) unless the local    law is erroneous. As a condition precedent to the institution of an action
government elects to have them subject to those requirements.                 pursuant to this section, the complaining party shall first file a verified
  Section 10. Section 163.3215, Florida Statutes, is amended to read:         complaint with the local government whose actions are complained of
                                                                              setting forth the facts upon which the complaint is based and the relief
  163.3215 Standing to enforce local comprehensive plans through              sought by the complaining party. The verified complaint shall be filed no
development orders.—                                                          later than 30 days after the alleged inconsistent action has been taken.
                                                                              The local government receiving the complaint shall respond within 30
   (1) Any aggrieved or adversely affected party may maintain an              days after receipt of the complaint. Thereafter, the complaining party
action for injunctive or other relief against any local government to         may institute the action authorized in this section. However, the action
prevent such local government from taking any action on a development         shall be instituted no later than 30 days after the expiration of the 30-
order, as defined in s. 163.3164, which materially alters the use or          day period which the local government has to take appropriate action.
density or intensity of use on a particular piece of property, to challenge   Failure to comply with this subsection shall not bar an action for a
the local government’s determination regarding the consistency of the         temporary restraining order to prevent immediate and irreparable
development order that is not consistent with the comprehensive plan          harm from the actions complained of.
adopted under this part. Such action shall be filed no later than 30 days
following rendition of a development order or other written decision.            (5) Venue in any cases brought under this section shall lie in the
                                                                              county or counties where the actions or inactions giving rise to the cause
  (2) “Aggrieved or adversely affected party” means any person or local       of action are alleged to have occurred.
government which will suffer an adverse effect to an interest protected
or furthered by the local government comprehensive plan, including              (6) The signature of an attorney or party constitutes a certificate
interests related to health and safety, police and fire protection service    that he or she has read the pleading, motion, or other paper and that,
systems, densities or intensities of development, transportation              to the best of his or her knowledge, information, and belief formed after
facilities, health care facilities, equipment or services, or environmental   reasonable inquiry, it is not interposed for any improper purpose, such
or natural resources. The alleged adverse interest may be shared in           as to harass or to cause unnecessary delay or for economic advantage,
common with other members of the community at large, but shall exceed         competitive reasons or frivolous purposes or needless increase in the
in degree the general interest in community good shared by all persons.       cost of litigation. If a pleading, motion, or other paper is signed in
The term includes the owner, developer, or applicant for a development        violation of these requirements, the court, upon motion or its own
order.                                                                        initiative, shall impose upon the person who signed it, a represented
                                                                              party, or both, an appropriate sanction, which may include an order to
  (3)(a) No suit may be maintained under this section challenging the         pay to the other party or parties the amount of reasonable expenses
approval or denial of a zoning, rezoning, planned unit development,           incurred because of the filing of the pleading, motion, or other paper,
variance, special exception, conditional use, or other development order      including a reasonable attorney’s fee.
granted prior to October 1, 1985, or applied for prior to July 1, 1985.
                                                                                (7) In any action under this section, no settlement shall be entered
  (b) Suit under this section shall be the sole action available to           into by the local government unless the terms of the settlement have
challenge the consistency of any a development order with a                   been the subject of a public hearing after notice as required by this part.
794                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

 (8) In any suit under this section, the Department of Legal Affairs            (a) In addition to the other requirements of this chapter, a
may intervene to represent the interests of the state.                        conceptual long-term buildout overlay must include:

  Section 11. Section 163.3245, Florida Statutes, is amended to read:           1. A long-range conceptual framework map that at a minimum
                                                                              identifies anticipated areas of urban, agricultural, rural, and
  163.3245 Optional sector plans.—                                            conservation land use.
   (1) In recognition of the benefits of conceptual long-range planning         2. Identification of regionally significant public facilities consistent
for the buildout of an area, and detailed planning for specific areas, as     with chapter 9J-2, Florida Administrative Code, irrespective of local
a demonstration project, the requirements of s. 380.06 may be addressed       governmental jurisdiction necessary to support buildout of the
as identified by this section for up to five local governments or             anticipated future land uses.
combinations of local governments which adopt into the comprehensive
plan an optional sector plan in accordance with this section. This section      3. Identification of regionally significant natural           resources
is intended to further the intent of s. 163.3177(11), which supports          consistent with chapter 9J-2, Florida Administrative Code.
innovative and flexible planning and development strategies, and the
purposes of this part, and part I of chapter 380, and to avoid duplication      4. Principles and guidelines that address the urban form and
of effort in terms of the level of data and analysis required for a           interrelationships of anticipated future land uses and a discussion, at
development of regional impact, while ensuring the adequate mitigation        the applicant’s option, of the extent, if any, to which the plan will
of impacts to applicable regional resources and facilities, including those   address restoring key ecosystems, achieving a more clean, healthy
within the jurisdiction of other local governments, as would otherwise        environment, limiting urban sprawl, protecting wildlife and natural
be provided. Optional sector plans are intended for substantial               areas, advancing the efficient use of land and other resources, and
geographic areas including at least 5,000 acres of one or more local          creating quality communities and jobs.
governmental jurisdictions and are to emphasize urban form and                  5. Identification of general procedures to ensure intergovernmental
protection of regionally significant resources and facilities. The state      coordination to address extrajurisdictional impacts from the long-range
land planning agency may approve optional sector plans of less than           conceptual framework map.
5,000 acres based on local circumstances if it is determined that the plan
would further the purposes of this part and part I of chapter 380.              (b) In addition to the other requirements of this chapter, including
Preparation of an optional sector plan is authorized by agreement             those in paragraph (a), the detailed specific area plans must include:
between the state land planning agency and the applicable local
governments under s. 163.3171(4). An optional sector plan may be                1. An area of adequate size to accommodate a level of development
adopted through one or more comprehensive plan amendments under s.            which achieves a functional relationship between a full range of land
163.3184. However, an optional sector plan may not be authorized in an        uses within the area and to encompass at least 1,000 acres. The state
area of critical state concern.                                               land planning agency may approve detailed specific area plans of less
                                                                              than 1,000 acres based on local circumstances if it is determined that the
   (2) The state land planning agency may enter into an agreement to          plan furthers the purposes of this part and part I of chapter 380.
authorize preparation of an optional sector plan upon the request of one
or more local governments based on consideration of problems and                2. Detailed identification and analysis of the distribution, extent,
opportunities presented by existing development trends; the                   and location of future land uses.
effectiveness of current comprehensive plan provisions; the potential to
                                                                                3. Detailed identification of regionally significant public facilities,
further the state comprehensive plan, applicable strategic regional
                                                                              including public facilities outside the jurisdiction of the host local
policy plans, this part, and part I of chapter 380; and those factors
                                                                              government, anticipated impacts of future land uses on those facilities,
identified by s. 163.3177(10)(i). The applicable regional planning council
                                                                              and required improvements to maintain adopted level of service
shall conduct a scoping meeting with affected local governments and
                                                                              standards consistent with chapter 9J-2, Florida Administrative Code.
those agencies identified in s. 163.3184(3)(a)(4) before execution of the
agreement authorized by this section. The purpose of this meeting is to         4. Public facilities necessary for the short term, including developer
assist the state land planning agency and the local government in the         contributions in a financially feasible 5-year capital improvement
identification of the relevant planning issues to be addressed and the        schedule of the affected local government.
data and resources available to assist in the preparation of subsequent
plan amendments. The regional planning council shall make written               5. Detailed analysis and identification of specific measures to assure
recommendations to the state land planning agency and affected local          the protection of regionally significant natural resources and other
governments, including whether an optional a sustainable sector plan          important resources both within and outside the host jurisdiction,
would be appropriate. The agreement must define the geographic area           including those regionally significant resources identified in chapter
to be subject to the sector plan, the planning issues that will be            9J-2, Florida Administrative Code.
emphasized, requirements for intergovernmental coordination to
address extrajurisdictional impacts, supporting application materials           6. Principles and guidelines that address the urban form and
including data and analysis, and procedures for public participation. An      interrelationships of anticipated future land uses and a discussion, at
agreement may address previously adopted sector plans that are                the applicant’s option, of the extent, if any, to which the plan will
consistent with the standards in this section. Before executing an            address restoring key ecosystems, achieving a more clean, healthy
agreement under this subsection, the local government shall hold a duly       environment, limiting urban sprawl, protecting wildlife and natural
noticed public workshop to review and explain to the public the optional      areas, advancing the efficient use of land and other resources, and
sector planning process and the terms and conditions of the proposed          creating quality communities and jobs.
agreement. The local government shall hold a duly noticed public                7. Identification of specific procedures to ensure intergovernmental
hearing on whether to execute the agreement. All meetings between the         coordination to address extrajurisdictional impacts of the detailed
department and the local government must be open to the public.               specific area plan.
   (3) Optional sector planning encompasses two levels: adoption under          (c) This subsection may not be construed to prevent preparation and
s. 163.3184 of a conceptual long-term buildout overlay to the                 approval of the optional sector plan and detailed specific area plan
comprehensive plan, having no immediate effect on the issuance of             concurrently or in the same submission.
development orders or the applicability of s. 380.06, and adoption under
s. 163.3184 of detailed specific area plans that implement the conceptual       (4) The host local government shall submit a monitoring report to
long-term buildout overlay and authorize issuance of development              the state land planning agency and applicable regional planning council
orders, and within which s. 380.06 is waived. Until such time as a            on an annual basis after adoption of a detailed specific area plan. The
detailed specific area plan is adopted, the underlying future land use        annual monitoring report must provide summarized information on
designations apply.                                                           development orders issued, development that has occurred, public
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       795

facility improvements made, and public             facility   improvements       Section 14. Paragraphs (c) and (g) of subsection (15), and subsections
anticipated over the upcoming 5 years.                                         (18) and (19) of section 380.06, Florida Statutes, are amended, and
                                                                               paragraphs (i), (j), and (k) are added to subsection (24) of said section,
  (5) When a plan amendment adopting a detailed specific area plan             to read:
has become effective under ss. 163.3184 and 163.3189(2), the provisions
of s. 380.06 do not apply to development within the geographic area of           380.06 Developments of regional impact.—
the detailed specific area plan. Should this section be repealed, any
approved development within a detailed specific area plan shall                  (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
maintain its exemption from s. 380.06. However, any development-of-
                                                                                 (c) The development order shall include findings of fact and
regional-impact development order that is vested from the detailed
                                                                               conclusions of law consistent with subsections (13) and (14). The
specific area plan may be enforced under s. 380.11.
                                                                               development order:
  (a) The local government adopting the detailed specific area plan is
                                                                                 1. Shall specify the monitoring procedures and the local official
primarily responsible for monitoring and enforcing the detailed specific
                                                                               responsible for assuring compliance by the developer with the
area plan. Local governments shall not issue any permits or approvals
                                                                               development order.
or provide any extensions of services to development that are not
consistent with the detailed specific sector area plan.                          2. Shall establish compliance dates for the development order,
                                                                               including a deadline for commencing physical development and for
  (b) If the state land planning agency has reason to believe that a
                                                                               compliance with conditions of approval or phasing requirements, and
violation of any detailed specific area plan, or of any agreement entered
                                                                               shall include a termination date that reasonably reflects the time
into under this section, has occurred or is about to occur, it may institute
                                                                               required to complete the development.
an administrative or judicial proceeding to prevent, abate, or control the
conditions or activity creating the violation, using the procedures in s.        3. Shall establish a date until which the local government agrees
380.11.                                                                        that the approved development of regional impact shall not be subject
                                                                               to downzoning, unit density reduction, or intensity reduction, unless the
  (c) In instituting an administrative or judicial proceeding involving
                                                                               local government can demonstrate that substantial changes in the
an optional sector plan or detailed specific area plan, including a
                                                                               conditions underlying the approval of the development order have
proceeding pursuant to paragraph (b), the complaining party shall
                                                                               occurred or the development order was based on substantially
comply with the requirements of s. 163.3215(4), (5), (6), and (7).
                                                                               inaccurate information provided by the developer or that the change is
  (6) Beginning December 1, 1999, and each year thereafter, the                clearly established by local government to be essential to the public
department shall provide a status report to the Legislative Committee          health, safety, or welfare.
on Intergovernmental Relations regarding each optional sector plan
                                                                                 4. Shall specify the requirements for the biennial annual report
authorized under this section.
                                                                               designated under subsection (18), including the date of submission,
  (7) This section may not be construed to abrogate the rights of any          parties to whom the report is submitted, and contents of the report,
person under this chapter.                                                     based upon the rules adopted by the state land planning agency. Such
                                                                               rules shall specify the scope of any additional local requirements that
  Section 12. Section 166.0498, Florida Statutes, is created to read:          may be necessary for the report.
   166.0498 Right of citizens to petition elected officials.—No citizen          5. May specify the types of changes to the development which shall
shall be denied his or her constitutional right to petition any elected        require submission for a substantial deviation determination under
official in public or private. This provision shall preempt any other          subsection (19).
special act or general law to the contrary.
                                                                                 6. Shall include a legal description of the property.
 Section 13. Subsection (1) of section 166.231, Florida Statutes, is
amended to read:                                                                 (g) A local government shall not issue permits for development
                                                                               subsequent to the termination date or expiration date contained in the
  166.231 Municipalities; public service tax.—                                 development order unless:
  (1)(a) A municipality may levy a tax on the purchase of electricity,           1. The proposed development has been evaluated cumulatively with
metered natural gas, liquefied petroleum gas either metered or bottled,        existing development under the substantial deviation provisions of
manufactured gas either metered or bottled, and water service. Except          subsection (19) subsequent to the termination or expiration date;
for those municipalities to which paragraph (c) applies, the tax shall be
levied only upon purchases within the municipality and shall not exceed          2. The proposed development is consistent with an abandonment of
10 percent of the payments received by the seller of the taxable item          development order that has been issued in accordance with the
from the purchaser for the purchase of such service. Municipalities            provisions of subsection (26); or
imposing a tax on the purchase of cable television service as of May 4,
1977, may continue to levy such tax to the extent necessary to meet all          3. The project has been determined to be an essentially built-out
obligations to or for the benefit of holders of bonds or certificates which    development of regional impact through an agreement executed by the
were issued prior to May 4, 1977. Purchase of electricity means the            developer, the state land planning agency, and the local government, in
purchase of electric power by a person who will consume it within the          accordance with s. 380.032, which will establish the terms and
municipality.                                                                  conditions under which the development may be continued. If the
                                                                               project is determined to be essentially built-out, development may
  (b) The tax imposed by paragraph (a) shall not be applied against            proceed pursuant to the s. 380.032 agreement after the termination or
any fuel adjustment charge, and such charge shall be separately stated         expiration date contained in the development order without further
on each bill. The term “fuel adjustment charge” means all increases in         development-of-regional-impact review subject to the local government
the cost of utility services to the ultimate consumer resulting from an        comprehensive plan and land development regulations or subject to a
increase in the cost of fuel to the utility subsequent to October 1, 1973.     modified development-of-regional-impact analysis. As used in this
   (c) The tax imposed by paragraph (a) on water service may be applied        paragraph, an “essentially built-out” development of regional impact
outside municipal boundaries to property included in a development of          means:
regional impact approved pursuant to s. 380.06, if agreed to in writing          a. The development is in compliance with all applicable terms and
by the developer of such property and the municipality prior to March 31,      conditions of the development order except the built-out date; and
2000. If a tax levied pursuant to this paragraph is challenged, recovery,
if any, shall be limited to moneys paid into an escrow account of the clerk      b.(I) The amount of development that remains to be built is less than
of the court subsequent to such challenge.                                     the substantial deviation threshold specified in paragraph (19)(b) for
796                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

each individual land use category, or, for a multiuse development, the       development by 5 percent or 60,000 gross square feet, whichever is
sum total of all unbuilt land uses as a percentage of the applicable         greater.
substantial deviation threshold is equal to or less than 150 100 percent;
or                                                                             7. An increase in the storage capacity for chemical or petroleum
                                                                             storage facilities by 5 percent, 20,000 barrels, or 7 million pounds,
  (II) The state land planning agency and the local government have          whichever is greater.
agreed in writing that the amount of development to be built does not
create the likelihood of any additional regional impact not previously         8. An increase of development at a waterport of wet storage for 20
reviewed.                                                                    watercraft, dry storage for 30 watercraft, or wet wet/dry storage for 30
                                                                             60 watercraft in an area identified in the state marina siting plan as an
  (18) BIENNIAL ANNUAL REPORTS.—The developer shall submit                   appropriate site for additional waterport development or a 5-percent
a biennial an annual report on the development of regional impact to the     increase in watercraft storage capacity, whichever is greater.
local government, the regional planning agency, the state land planning
agency, and all affected permit agencies in alternate years on the date        9. An increase in the number of dwelling units by 5 percent or 50
specified in the development order, unless the development order by its      dwelling units, whichever is greater.
terms requires more frequent monitoring. If the annual report is not           10. An increase in commercial development by 6 acres of land area
received, the regional planning agency or the state land planning agency     or by 50,000 square feet of gross floor area, or of parking spaces provided
shall notify the local government. If the local government does not          for customers for 300 cars or a 5-percent increase of any of these,
receive the annual report or receives notification that the regional         whichever is greater.
planning agency or the state land planning agency has not received the
report, the local government shall request in writing that the developer       11. An increase in hotel or motel facility units by 5 percent or 75
submit the report within 30 days. The failure to submit the report after     units, whichever is greater.
30 days shall result in the temporary suspension of the development
order by the local government. If no additional development pursuant to        12. An increase in a recreational vehicle park area by 5 percent or
the development order has occurred since the submission of the previous      100 vehicle spaces, whichever is less.
report, then a letter from the developer stating that no development has       13. A decrease in the area set aside for open space of 5 percent or 20
occurred will satisfy the requirement for a report. Development orders       acres, whichever is less.
which require annual reports may be amended to require biennial reports
at the option of the local government.                                          14. A proposed increase to an approved multiuse development of
                                                                             regional impact where the sum of the increases of each land use as a
  (19) SUBSTANTIAL DEVIATIONS.—
                                                                             percentage of the applicable substantial deviation criteria is equal to or
  (a) Any proposed change to a previously approved development               exceeds 150 100 percent. The percentage of any decrease in the amount
which creates a reasonable likelihood of additional regional impact, or      of open space shall be treated as an increase for purposes of determining
any type of regional impact created by the change not previously             when 150 100 percent has been reached or exceeded.
reviewed by the regional planning agency, shall constitute a substantial
                                                                               15. A 15-percent increase in the number of external vehicle trips
deviation and shall cause the development to be subject to further
                                                                             generated by the development above that which was projected during
development-of-regional-impact review. There are a variety of reasons
                                                                             the original development-of-regional-impact review.
why a developer may wish to propose changes to an approved
development of regional impact, including changed market conditions.           16. Any change which would result in development of any area
The procedures set forth in this subsection are for that purpose.            which was specifically set aside in the application for development
                                                                             approval or in the development order for preservation or special
   (b) Any proposed change to a previously approved development of
                                                                             protection of endangered or threatened plants or animals designated as
regional impact or development order condition which, either
                                                                             endangered, threatened, or species of special concern and their habitat,
individually or cumulatively with other changes, exceeds any of the
                                                                             primary dunes, or archaeological and historical sites designated as
following criteria shall constitute a substantial deviation and shall
                                                                             significant by the Division of Historical Resources of the Department of
cause the development to be subject to further development-of-regional-
                                                                             State. The further refinement of such areas by survey shall be
impact review without the necessity for a finding of same by the local
                                                                             considered under sub-subparagraph (e)5.b.
government:
                                                                             The substantial deviation numerical standards in subparagraphs 4., 6.,
  1. An increase in the number of parking spaces at an attraction or
                                                                             10., 14., excluding residential uses, and 15., are increased by 100 percent
recreational facility by 5 percent or 300 spaces, whichever is greater, or
                                                                             for a project certified under s. 403.973 which creates jobs and meets
an increase in the number of spectators that may be accommodated at
such a facility by 5 percent or 1,000 spectators, whichever is greater.      criteria established by the Office of Tourism, Trade, and Economic
                                                                             Development as to its impact on an area’s economy, employment, and
   2. A new runway, a new terminal facility, a 25-percent lengthening        prevailing wage and skill levels. The substantial deviation numerical
of an existing runway, or a 25-percent increase in the number of gates       standards in subparagraphs 4., 6., 9., 10., 11., and 14. are increased by
of an existing terminal, but only if the increase adds at least three        50 percent for a project located wholly within an urban infill and
additional gates. However, if an airport is located in two counties, a 10-   redevelopment area designated on the applicable adopted local
percent lengthening of an existing runway or a 20-percent increase in        comprehensive plan future land use map and not located within the
the number of gates of an existing terminal is the applicable criteria.      coastal high hazard area.

  3. An increase in the number of hospital beds by 5 percent or 60             (c) An extension of the date of buildout of a development, or any
beds, whichever is greater.                                                  phase thereof, by 7 or more years shall be presumed to create a
                                                                             substantial deviation subject to further development-of-regional-impact
  4. An increase in industrial development area by 5 percent or 32           review. An extension of the date of buildout, or any phase thereof, of 5
acres, whichever is greater.                                                 years or more but less than 7 years shall be presumed not to create a
  5. An increase in the average annual acreage mined by 5 percent or         substantial deviation. These presumptions may be rebutted by clear and
10 acres, whichever is greater, or an increase in the average daily water    convincing evidence at the public hearing held by the local government.
consumption by a mining operation by 5 percent or 300,000 gallons,           An extension of less than 7 5 years is not a substantial deviation. For the
whichever is greater. An increase in the size of the mine by 5 percent or    purpose of calculating when a buildout, phase, or termination date has
750 acres, whichever is less.                                                been exceeded, the time shall be tolled during the pendency of
                                                                             administrative or judicial proceedings relating to development permits.
  6. An increase in land area for office development by 5 percent or 6       Any extension of the buildout date of a project or a phase thereof shall
acres, whichever is greater, or an increase of gross floor area of office    automatically extend the commencement date of the project, the
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        797

termination date of the development order, the expiration date of the         for development approval, but, in the case of the application, only if, and
development of regional impact, and the phases thereof by a like period       in the manner in which, the application is incorporated in the
of time.                                                                      development order.

  (d) A change in the plan of development of an approved development            3. Except for the change authorized by sub-subparagraph 2.f., any
of regional impact resulting from requirements imposed by the                 addition of land not previously reviewed or any change not specified in
Department of Environmental Protection or any water management                paragraph (b) or paragraph (c) shall be presumed to create a substantial
district created by s. 373.069 or any of their successor agencies or by any   deviation. This presumption may be rebutted by clear and convincing
appropriate federal regulatory agency shall be submitted to the local         evidence.
government pursuant to this subsection. The change shall be presumed
not to create a substantial deviation subject to further development-of-        4. Any submittal of a proposed change to a previously approved
regional-impact review. The presumption may be rebutted by clear and          development shall include a description of individual changes
convincing evidence at the public hearing held by the local government.       previously made to the development, including changes previously
                                                                              approved by the local government. The local government shall consider
  (e)1. A proposed change which, either individually or, if there were        the previous and current proposed changes in deciding whether such
previous changes, cumulatively with those changes, is equal to or             changes cumulatively constitute a substantial deviation requiring
exceeds 40 percent of the any numerical criterion in subparagraph (b)15.      further development-of-regional-impact review.
subparagraphs (b)1.-15., but which does not exceed such criterion, shall
be presumed not to create a substantial deviation subject to further            5. The following changes to an approved development of regional
development-of-regional-impact review. The presumption may be                 impact shall be presumed to create a substantial deviation. Such
rebutted by clear and convincing evidence at the public hearing held by       presumption may be rebutted by clear and convincing evidence.
the local government pursuant to subparagraph (f)5.                             a. A change proposed for 15 percent or more of the acreage to a land
  2. Except for a development order rendered pursuant to subsection           use not previously approved in the development order. Changes of less
(22) or subsection (25), a proposed change to a development order that        than 15 percent shall be presumed not to create a substantial deviation.
individually or cumulatively with any previous change is less than 40           b. Except for the types of uses listed in subparagraph (b)16., any
percent of any numerical criterion contained in subparagraphs (b)1.-          change which would result in the development of any area which was
14.15. and does not exceed any other criterion is not a substantial           specifically set aside in the application for development approval or in
deviation, or that involves an extension of the buildout date of a            the development order for preservation, buffers, or special protection,
development, or any phase thereof, of less than 5 years is not subject to     including habitat for plant and animal species, archaeological and
the public hearing requirements of subparagraph (f)3., and is not subject     historical sites, dunes, and other special areas.
to a determination pursuant to subparagraph (f)5. Notice of the
proposed change shall be made to the local government and the regional          c. Notwithstanding any provision of paragraph (b) to the contrary, a
planning council and the state land planning agency. Such notice shall        proposed change consisting of simultaneous increases and decreases of
include a description of previous individual changes made to the              at least two of the uses within an authorized multiuse development of
development, including changes previously approved by the local               regional impact which was originally approved with three or more uses
government, and shall include appropriate amendments to the                   specified in s. 380.0651(3)(c), (d), (f), and (g) and residential use.
development order. The following changes, individually or cumulatively
with any previous changes, are not substantial deviations:                      (f)1. The state land planning agency shall establish by rule standard
                                                                              forms for submittal of proposed changes to a previously approved
 a. Changes in the name of the project, developer, owner, or                  development of regional impact which may require further
monitoring official.                                                          development-of-regional-impact review. At a minimum, the standard
                                                                              form shall require the developer to provide the precise language that the
  b. Changes to a setback that do not affect noise buffers,                   developer proposes to delete or add as an amendment to the
environmental protection or mitigation areas, or archaeological or            development order.
historical resources.
                                                                                2. The developer shall submit, simultaneously, to the local
  c. Changes to minimum lot sizes.                                            government, the regional planning agency, and the state land planning
  d. Changes in the configuration of internal roads that do not affect        agency the request for approval of a proposed change. Those changes
external access points.                                                       described in subparagraph (e)2. do not need to be submitted to the state
                                                                              land planning agency; however, if the proposed change does not qualify
   e. Changes to the building design or orientation that stay                 under subparagraph (e)2., the local government or the regional planning
approximately within the approved area designated for such building           agency shall request that the state land planning agency review the
and parking lot, and which do not affect historical buildings designated      proposed change.
as significant by the Division of Historical Resources of the Department
of State.                                                                       3. No sooner than 30 days but no later than 45 days after submittal
                                                                              by the developer to the local government, the state land planning
  f. Changes to increase the acreage in the development, provided that        agency, and the appropriate regional planning agency, the local
no development is proposed on the acreage to be added.                        government shall give 15 days’ notice and schedule a public hearing to
                                                                              consider the change that the developer asserts does not create a
  g. Changes to eliminate an approved land use, provided that there           substantial deviation. This public hearing shall be held within 90 days
are no additional regional impacts.                                           after submittal of the proposed changes, unless that time is extended by
  h. Changes required to conform to permits approved by any federal,          the developer.
state, or regional permitting agency, provided that these changes do not        4. The appropriate regional planning agency or the state land
create additional regional impacts.                                           planning agency shall review the proposed change and, no later than 45
   i. Any other change which the state land planning agency agrees in         days after submittal by the developer of the proposed change, unless
writing is similar in nature, impact, or character to the changes             that time is extended by the developer, and prior to the public hearing
enumerated in sub-subparagraphs a.-h. and which does not create the           at which the proposed change is to be considered, shall advise the local
likelihood of any additional regional impact.                                 government in writing whether it objects to the proposed change, shall
                                                                              specify the reasons for its objection, if any, and shall provide a copy to
This subsection does not require a development order amendment for            the developer. A change which is subject to the substantial deviation
any change listed in sub-subparagraphs a.-i. unless such issue is             criteria specified in sub-subparagraph (e)5.c. shall not be subject to this
addressed either in the existing development order or in the application      requirement.
798                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

   5. At the public hearing, the local government shall determine             163.3245 be repealed, any approved development within a detailed
whether the proposed change requires further development-of-regional-         specific area plan shall maintain this exemption. However, any
impact review. The provisions of paragraphs (a) and (e), the thresholds       development-of-regional-impact development order that is vested from
set forth in paragraph (b), and the presumptions set forth in paragraphs      the detailed specific area plan may be enforced under s. 380.11.
(c) and (d) and subparagraphs (e)1. and 3. shall be applicable in
determining whether further development-of-regional-impact review is            (k) Development or expansion of an airport or airport-related or
required.                                                                     aviation-related development is exempt from the provisions of this section
                                                                              when such development, expansion, project, or facility is consistent with
  6. If the local government determines that the proposed change does         an adopted airport master plan that is in compliance with s.
not require further development-of-regional-impact review and is              163.3177(6)(j) and (k).
otherwise approved, or if the proposed change is not subject to a hearing
and determination pursuant to subparagraphs 3. and 5. and is                    Section 15. Paragraphs (d), (e), and (j) of subsection (3) of section
otherwise approved, the local government shall issue an amendment to          380.0651, Florida Statutes, are amended, and subsections (5) and (6) are
the development order incorporating the approved change and                   added to said section, to read:
conditions of approval relating to the change. The decision of the local
                                                                                380.0651 Statewide guidelines and standards.—
government to approve, with or without conditions, or to deny the
proposed change that the developer asserts does not require further              (3) The following statewide guidelines and standards shall be
review shall be subject to the appeal provisions of s. 380.07. However,       applied in the manner described in s. 380.06(2) to determine whether
the state land planning agency may not appeal the local government            the following developments shall be required to undergo development-
decision if it did not comply with subparagraph 4., except for a change       of-regional-impact review:
to a development order made pursuant to subparagraph (e)2., if the
approved change is not consistent with this and other provisions of this        (d) Office development.—Any proposed office building or park
section. The state land planning agency may not appeal a change to a          operated under common ownership, development plan, or management
development order made pursuant to subparagraph (e)2. for                     that:
developments of regional impact approved after January 1, 1980, unless
                                                                                1. Encompasses 300,000 or more square feet of gross floor area, or
the change would result in a significant impact to a regionally
                                                                              more than 500,000 square feet of gross floor area in a county with a
significant archaeological, historical, or natural resource not previously
                                                                              population greater than 1 million; or
identified in the original development-of-regional-impact review.

  (g) If a proposed change requires further development-of-regional-            2. Has a total site size of 30 or more acres; or
impact review pursuant to this section, the review shall be conducted           3. Encompasses more than 600,000 square feet of gross floor area in
subject to the following additional conditions:                               a county with a population greater than 500,000 and only in a
  1. The development-of-regional-impact review conducted by the               geographic area specifically designated as highly suitable for increased
appropriate regional planning agency shall address only those issues          threshold intensity in the approved local comprehensive plan and in the
raised by the proposed change except as provided in subparagraph 2.           strategic regional policy plan.

  2. The regional planning agency shall consider, and the local                 (e) Port facilities.—The proposed construction of any waterport or
government shall determine whether to approve, approve with                   marina is required to undergo development-of-regional-impact review,
conditions, or deny the proposed change as it relates to the entire           except one designed for:
development. If the local government determines that the proposed              1.a. One designed for the wet storage or mooring of fewer than 150
change, as it relates to the entire development, is unacceptable, the local   watercraft used exclusively for sport, pleasure, or commercial fishing, or
government shall deny the change.
                                                                                b. The dry storage of fewer than 200 watercraft used exclusively for
   3. If the local government determines that the proposed change, as
                                                                              sport, pleasure, or commercial fishing, or
it relates to the entire development, should be approved, any new
conditions in the amendment to the development order issued by the              b.c. One designed for the wet or dry storage or mooring of fewer than
local government shall address only those issues raised by the proposed       150 watercraft on or adjacent to an inland freshwater lake except Lake
change.                                                                       Okeechobee or any lake which has been designated an Outstanding
                                                                              Florida Water, or
  4. Development within the previously approved development of
regional impact may continue, as approved, during the development-of-           c.d. One designed for the wet or dry storage or mooring of fewer than
regional-impact review in those portions of the development which are         50 watercraft of 40 feet in length or less of any type or purpose. The
not affected by the proposed change.                                          exceptions to this paragraph’s requirements for development-of-
                                                                              regional-impact review shall not apply to any waterport or marina
  (h) When further development-of-regional-impact review is required
                                                                              facility located within or which serves physical development located
because a substantial deviation has been determined or admitted by the
                                                                              within a coastal barrier resource unit on an unbridged barrier island
developer, the amendment to the development order issued by the local
                                                                              designated pursuant to 16 U.S.C. s. 3501.
government shall be consistent with the requirements of subsection (15)
and shall be subject to the hearing and appeal provisions of s. 380.07.       In addition to the foregoing, for projects for which no environmental
The state land planning agency or the appropriate regional planning           resource permit or sovereign submerged land lease is required, the
agency need not participate at the local hearing in order to appeal a local   Department of Environmental Protection must determine in writing
government development order issued pursuant to this paragraph.               that a proposed marina in excess of 10 slips or storage spaces or a
                                                                              combination of the two is located so that it will not adversely impact
  (24) STATUTORY EXEMPTIONS.—
                                                                              Outstanding Florida Waters or Class II waters and will not contribute
  (i) Any proposed facility for the storage of any petroleum product is       boat traffic in a manner that will have an adverse impact on an area
exempt from the provisions of this section, if such facility is consistent    known to be, or likely to be, frequented by manatees. If the Department
with a local comprehensive plan that is in compliance with s. 163.3177        of Environmental Protection fails to issue its determination within 45
or is consistent with a comprehensive port master plan that is in             days of receipt of a formal written request, it has waived its authority
compliance with s. 163.3178.                                                  to make such determination. The Department of Environmental
                                                                              Protection determination shall constitute final agency action pursuant
  (j) Any development located within a detailed specific area plan            to chapter 120.
adopted pursuant to s. 163.3245 which is consistent with the detailed
specific area plan is exempt from the provisions of this section. Should s.     2. A marina or proposed marina expansion which is:
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       799

  a. Located within a county identified in s. 370.12(2)(f) which has boat      Section 16. Paragraph (g) of subsection (3) of section 163.06, Florida
speed zone rules adopted by the department or commission; and                Statutes, is amended to read:

  b. Consistent with the applicable adopted local government                   163.06 Miami River Commission.—
comprehensive plan.
                                                                               (3) The policy committee shall have the following powers and duties:
  3. A marina or proposed marina expansion within a county other
than those identified in s. 370.12(2)(f) which is:                             (g) Coordinate a joint planning area agreement between the
                                                                             Department of Community Affairs, the city, and the county under the
  a. Located within a local government jurisdiction which has adopted        provisions of s. 163.3177(11)(a), (b), and (e)(c).
boat speed zone ordinances to prevent manatee injuries or death in areas
where manatee sightings are frequent and where manatees inhabit such          Section 17. Subsection (4) of section 189.415, Florida Statutes, is
areas on a regular and continuous basis; and                                 amended to read:

  b. Consistent with the applicable adopted local government                   189.415 Special district public facilities report.—
comprehensive plan.                                                            (4) Those special districts building, improving, or expanding public
  4. A marina or proposed marina expansion within a county other             facilities addressed by a development order issued to the developer
than those identified in s. 370.12(2)(f) which is:                           pursuant to s. 380.06 may use the most recent biennial annual report
                                                                             required by s. 380.06(15) and (18) and submitted by the developer, to the
  a. Located within a local government jurisdiction where manatee            extent the annual report provides the information required by
sightings are not frequent and manatees do not inhabit such jurisdiction     subsection (2).
on a regular and continuous basis; and
                                                                               Section 18. (1) The Grow Smart Florida Study Commission is
  b. Consistent with the applicable adopted local government                 created. The commission shall be composed of 25 voting members, 10 of
comprehensive plan.                                                          whom are to be appointed by the Governor, 7 of whom are to be appointed
                                                                             by the President of the Senate, and 7 of whom are to be appointed by the
  2. The dry storage of fewer than 300 watercraft used exclusively for       Speaker of the House of Representatives. In addition, the Secretary of
sport, pleasure, or commercial fishing at a marina constructed and in        Community Affairs shall serve as a voting member of the commission,
operation prior to July 1, 1985.                                             and the secretary of the Department of Environmental Protection, the
  3. Any proposed marina development with both wet and dry mooring           Secretary of Transportation, the Commissioner of Agriculture, and the
or storage used exclusively for sport, pleasure, or commercial fishing,      executive director of the Fish and Wildlife Conservation Commission
where the sum of percentages of the applicable wet and dry mooring or        shall serve as ex officio nonvoting members of the commission. The
storage thresholds equals 100 percent. This threshold is in addition to,     Governor’s appointments must include two appointments from each of
and does not preclude, a development from being required to undergo          the following groups of interests:
development-of-regional-impact review under sub-subparagraphs 1.a.             (a) Business interests, including, but not limited to, development,
and b. and subparagraph 2.                                                   lending institutions, real estate, marine industries, and affordable
  (j) Residential development.—No rule may be adopted concerning             housing.
residential developments which treats a residential development in one         (b) Environmental interests, including, but not limited to,
county as being located in a less populated adjacent county unless more      environmental justice groups, resource-based conservation and outdoor
than 25 percent of the development is located within 2 or less miles of
                                                                             conservation groups, and environmental quality and conservation
the less populated adjacent county. However, residential development
                                                                             groups.
shall not be treated as though it is in a less populated county if the
affected counties have entered into an interlocal agreement to specify         (c) Agricultural interests, including, but not limited to, agricultural
development review standards for affected developments.                      commodity groups, forestry and general farm membership organizations,
                                                                             and agricultural financial institutions.
   (5) Nothing contained in this section abridges or modifies any vested
or other right or any duty or obligation pursuant to any development           (d) Local and regional governments, including, but not limited to,
order or agreement which is applicable to a development of regional          municipalities, counties, special districts, metropolitan planning
impact on the effective date of this act. An airport, marina, or petroleum   organizations, local government association foundations, and regional
storage facility which has received a development-of-regional-impact         planning councils.
development order pursuant to s. 380.06, but is no longer required to
undergo development-of-regional-impact review by operation of                  (e) Growth management and citizen groups, including, but not
paragraph (3)(e) or s. 380.06(24)(i) or (k), shall be governed by the        limited to, planners, attorneys, engineers, citizen activist groups,
following procedures:                                                        homeowner’s groups, and architects.

  (a) The development shall continue to be governed by the                   The President of the Senate and the Speaker of the House of
development-of-regional-impact development order, and may be                 Representatives shall each select one appointment from each of the five
completed in reliance upon and pursuant to the development order. The        categories listed in paragraphs (a)-(e) and shall also appoint two
development-of-regional-impact development order may be enforced by          members from their respective houses of the Legislature to serve on the
the local government as provided by ss. 380.06(17) and 380.11.               commission. The appointments must be made by July 1, 2000, and the
                                                                             first meeting of the commission shall be held no later than August 1,
  (b) If requested by the developer or landowner, the development-of-        2000. The chair of the commission shall be appointed by the Governor
regional-impact development order may be amended or rescinded by the         prior to its first meeting. Any vacancy occurring in the membership of the
local government consistent with the local comprehensive plan and land       commission shall be filled in the same manner as the original
development regulations, and pursuant to the local government                appointment.
procedures governing local development orders.
                                                                                (2) The members of the commission are entitled to one vote, and
  (6) An airport, marina, or petroleum storage facility with an              action of the commission is not binding unless taken by a three-fifths vote
application for development approval pending on the effective date of this   of the members present. However, action of the commission may be taken
act, or a notification of proposed change pending on the effective date of   only at a meeting at which a majority of the commission members are
this act, may elect to continue such review pursuant to s. 380.06. At the    present.
conclusion of the pending review, including any appeals pursuant to s.
380.07, the resulting development order shall be governed by the               (3) The commission shall review the operation and implementation
provisions of subsection (5).                                                of Florida’s growth management statutes, including chapters 163, 186,
800                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

187, and 380, Florida Statutes, and shall make recommendations for            Fund to implement the provisions of this act creating the Grow Smart
improving the system for managing growth in the state. As part thereof,       Florida Study Commission. This appropriation is a nonrecurring
it shall identify appropriate goals and desired outcomes for future           appropriation.
planning and growth management efforts at the state, regional, and local
levels, and in so doing, shall consider related trends and conditions           Section 20. If any provision of this act or the application thereof to
affecting the environment, economy, and quality of life in Florida. It may    any person or circumstance is held invalid, the invalidity shall not affect
also establish and appoint any necessary technical advisory committees,       other provisions or applications of the act which can be given effect
which may include commission members and nonmembers. The                      without the invalid provision or application, and to this end the
commission shall, to the extent practicable, specifically address and         provisions of this act are declared severable.
make recommendations for improving the growth management system
with respect to the following issues:                                           Section 21. This act shall take effect upon becoming a law.

  (a) The respective roles and responsibilities of state, regional, and       And the title is amended as follows:
local governmental entities in the preparation, adoption, and compliance      Remove from the title of the bill: the entire title
review of local government comprehensive plans and plan amendments,           and insert in lieu thereof: A bill to be entitled An act relating to growth
including decentralization.                                                   management; creating s. 125.595, F.S.; providing for the right of citizens
  (b) The role, responsibilities, and composition of regional planning        to petition elected officials in public or private; amending s. 163.2517,
councils in addressing greater-than-local issues and the relationship of      F.S.; revising the financial incentives which a local government may
metropolitan planning organizations and their role in addressing local        offer in an urban infill and redevelopment area which relate to
comprehensive plans and regional transportation planning.                     exemption from local option sales surtaxes and waiver of delinquent
                                                                              taxes or fees; providing that, in order to be eligible for the exemption
  (c) The role and responsibilities of citizens in the preparation,           from collecting local option sales surtaxes, a business must submit an
adoption, compliance review, and judicial or administrative review of         application under oath to the local government, which must be approved
local government comprehensive plans and plan amendments, and the             and submitted to the Department of Revenue; amending s. 212.08, F.S.;
process for enforcement of consistency between comprehensive plans and        specifying that the authority of a local government to adopt financial
development orders pursuant to s. 163.3215.                                   and local government incentives under s. 163.2517, F.S., is not
                                                                              superseded by certain provisions relating to sales tax exemptions;
  (d) Whether the development of regional impact program should be
                                                                              amending s. 163.2523, F.S.; authorizing transfer of unused funds
replaced, repealed, or incorporated in whole or in part into the local
                                                                              between grant categories under the Urban Infill and Redevelopment
government comprehensive planning process.
                                                                              Assistance Grant Program; amending s. 163.3164, F.S.; clarifying the
  (e) Improving     mechanisms        for    and    implementation       of   definition of “development” under the Local Government
intergovernmental coordination.                                               Comprehensive Planning and Land Development Regulation Act;
                                                                              amending s. 163.3177, F.S.; providing that an agricultural land use
  (f) Whether there is adequate protection for property owners from           category may be eligible for the location of public schools in a local
local and state government land use decisions, and what must be done          government comprehensive plan under certain conditions; requiring
to ensure that property rights are not abridged.                              preparation of an airport master plan by each publicly owned and
  (4) At least six public hearings must be held by the commission in          operated airport and providing requirements with respect thereto;
different regions of the state to solicit input from the public on how they   providing for incorporation into the local comprehensive plan; providing
want the state, regional agencies, and their municipalities and counties      that development or expansion of such airports or related development
to manage growth.                                                             consistent with such plans is not a development of regional impact;
                                                                              providing additional legislative intent with respect to application of
  (5) The commission shall, by February 1, 2001, provide to the               chapter 9J-5, Florida Administrative Code, by the agency; specifying
President of the Senate, the Speaker of the House of Representatives, and     lands that are appropriate for innovative planning and development
the Governor a written report containing specific recommendations,            strategies; requiring a report on a program for implementing such
including legislative recommendations, for addressing growth                  strategies; providing for coordination with the Grow Smart Florida
management in Florida in the 21st century.                                    Study Commission; amending s. 163.3178, F.S.; requiring certain local
                                                                              governments to adopt a marina siting plan as part of the shoreline use
  (6) Commission members and the members of any technical advisory            component of the coastal management element by a specified date;
committees that are appointed shall not receive remuneration for their
                                                                              amending s. 163.3184, F.S.; providing additional agencies to which a
services, but members other than public officers and employees shall be
                                                                              local government must transmit a proposed comprehensive plan or plan
entitled to be reimbursed by the Department of Community Affairs for
                                                                              amendment; removing provisions relating to transmittal of copies by the
travel or per diem expenses in accordance with chapter 112, Florida
                                                                              state land planning agency; providing that a local government may
Statutes. Public officers and employees shall be reimbursed by their
                                                                              request review by the state land planning agency at the time of
respective agencies in accordance with chapter 112, Florida Statutes.
                                                                              transmittal of an amendment; revising time periods with respect to
  (7) An executive director shall be selected by the Governor. The            submission of comments to the agency by other agencies, notice by the
executive director shall report to the commission. The Department of          agency of its intent to review, and issuance by the agency of its report;
Community Affairs shall provide other staff and consultants after             providing for priority review of certain amendments; clarifying
consultation with the commission. Funding for these expenses shall be         language; providing for compilation and transmittal by the local
provided through the Department of Community Affairs. The                     government of a list of persons who will receive an informational
commission shall receive supplemental financial and other assistance          statement concerning the agency’s notice of intent to find a plan or plan
from other agencies under the Governor’s direct supervision and such          amendment in compliance or not in compliance; providing for rules;
additional assistance as is appropriate from the Executive Office of the      revising requirements relating to publication by the agency of its notice
Governor.                                                                     of intent; deleting a requirement that the notice be sent to certain
                                                                              persons; amending s. 163.3187, F.S.; revising requirements relating to
  (8) All agencies under the control of the Governor and Cabinet are          small scale development amendments which are exempt from the
directed, and all other agencies are requested, to render assistance to,      limitation on the frequency of amendments to a local comprehensive
and cooperate with, the commission.                                           plan; revising acreage requirements; providing that certain
  (9) The commission shall continue in existence until its objectives are     amendments that involve affordable housing in certain areas of critical
achieved, but not later than February 1, 2001.                                state concern are eligible under certain circumstances; revising a
                                                                              condition relating to residential land use; removing a provision that
  Section 19. The sum of $275,000 is appropriated from the General            allows a local government to elect to have such amendments subject to
Revenue Fund to the Department of Community Affairs Operating Trust           review under s. 163.3184(3)-(6), F.S.; amending s. 163.3215, F.S.;
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      801

revising procedures and requirements for challenge of a development           Rep. Turnbull moved the adoption of the amendment to the
order by an aggrieved or adversely affected party on the basis of            amendment, which was adopted.
inconsistency with a local comprehensive plan; providing for petition to
the circuit court for certiorari if the local government has established a     Representative(s) Sorensen offered the following:
review process that includes specified components; removing a                (Amendment Bar Code: 854945)
requirement that a verified complaint be filed with the local government
prior to seeking judicial review; amending s. 163.3245, F.S., relating to      Amendment 3 to Amendment 1—On page 62, between lines 29 and
optional sector plans; clarifying and conforming language; creating s.       30, of the amendment
166.0498, F.S.; providing for the right of citizens to petition elected
officials in public or private; amending s. 166.231, F.S.; authorizing       insert:
application of the municipal public service tax on water service to
                                                                                (g) The fiscal impact on Monroe County of the designation of the
property in a development of regional impact outside of municipal
                                                                             Florida Keys area of critical state concern. This review must include the
boundaries under certain conditions; limiting recovery if such tax is
                                                                             fiscal impact on local government and businesses in the county and on
challenged; amending s. 380.06, F.S., relating to developments of
                                                                             residents of and visitors to the county and must provide an estimate of
regional impact; revising the definition of an essentially built-out
                                                                             the overall cost of such designation, since inception, to persons residing
development of regional impact with respect to multiuse developments;
                                                                             in the county.
providing for submission of biennial, rather than annual, reports by the
developer; authorizing submission of a letter, rather than a report,          Rep. Sorensen moved the adoption of the amendment to the
under certain circumstances; providing for amendment of development          amendment, which was adopted.
orders with respect to report frequency; removing criteria relating to
petroleum storage facilities from the list of criteria used to determine       Representative(s) Turnbull offered the following:
existence of a substantial deviation; revising the criteria relating to
                                                                             (Amendment Bar Code: 642521)
waterports and multiuse developments of regional impact; providing
that an extension of the date of buildout of less than 7 years is not a        Amendment 4 to Amendment 1—On page 60, line 3 through page
substantial deviation; revising provisions relating to determination of      61, line 7
whether a change constitutes a substantial deviation based on its            remove from the amendment: all of said lines
percentage of the specified numerical criteria; revising notice
requirements; providing that changes that are less than specified            and insert in lieu thereof:
numerical criteria need not be submitted to the state land planning
agency and specifying the agency’s right to appeal with respect to such        Section 8. (1) The Grow Smart Florida Study Commission is
changes; deleting an exemption from review by the regional planning          created. The commission shall be composed of 29 voting members, 12 of
agency and state land planning agency for certain changes; exempting         whom are to be appointed by the Governor, 8 of whom are to be appointed
petroleum storage facilities from development-of-regional-impact             by the President of the Senate, and 8 of whom are to be appointed by the
review under certain circumstances; providing for maintenance of the         Speaker of the House of Representatives. In addition, the Secretary of
exemption       from     development-of-regional-impact      review    for   Community Affairs shall serve as a voting member of the commission,
developments under s. 163.3245, F.S., relating to optional sector plans,     and the secretary of the Department of Environmental Protection, the
if said section is repealed; exempting certain development or expansion      Secretary of Transportation, the Commissioner of Agriculture, and the
of airports and related development from development-of-regional-            executive director of the Fish and Wildlife Conservation Commission
impact review under certain circumstances; amending s. 380.0651, F.S.;       shall serve as ex officio nonvoting members of the commission. The
revising the statewide guidelines and standards for development-of-          Governor’s appointments must include two appointments from each of
regional-impact review for office development, port facilities, and          the following groups of interests:
residential development; providing for vested rights, duties or
obligations, and pending applications with respect to developments of          (a) Business interests, including, but not limited to, development,
regional impact; providing for enforcement; amending ss. 163.06 and          lending institutions, real estate, marine industries, and affordable
189.415, F.S.; correcting references to conform; creating the Grow Smart     housing.
Florida Study Commission; providing for appointment and                        (b) Environmental interests, including, but not limited to,
qualifications of members; providing the commission’s duties; requiring      environmental justice groups, resource-based conservation and outdoor
a report; providing an appropriation; providing for severability;            conservation groups, and environmental quality and conservation
providing an effective date.
                                                                             groups.
  Rep. Sublette moved the adoption of the amendment.
                                                                               (c) Agricultural interests, including, but not limited to, agricultural
  Representative(s) Turnbull offered the following:                          commodity groups, forestry and general farm membership organizations,
                                                                             and agricultural financial institutions.
(Amendment Bar Code: 493837)
                                                                               (d) Local and regional governments, including, but not limited to,
  Amendment 1 to Amendment 1—On page 62, line 9, after                       municipalities, counties, special districts, metropolitan planning
“decentralization”                                                           organizations, local government association foundations, and regional
                                                                             planning councils.
insert: and the technical and financial assistance needs of local
governments to meet their comprehensive planning responsibilities              (e) Growth management and planning specialists, including, but not
                                                                             limited to, professional planners, attorneys, engineers, and architects.
 Rep. Turnbull moved the adoption of the amendment to the
amendment, which was adopted.                                                  (f) Community participants, including, but not limited to, citizen
                                                                             groups, not-for-profit community associations, citizen planners, and
  Representative(s) Turnbull offered the following:
                                                                             affordable housing groups.
(Amendment Bar Code: 792371)
                                                                             The President of the Senate and the Speaker of the House of
  Amendment 2 to Amendment 1—On page 25, line 12, after                      Representatives shall each select one appointment from each of the six
“agency”                                                                     categories listed in paragraphs (a)-(f) and shall

insert: which may be used by the local government to satisfy the              Rep. Turnbull moved the adoption of the amendment to the
requirements of this paragraph                                               amendment, which failed of adoption. The vote was:
802                                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                  April 26, 2000

Session Vote Sequence: 262                                                   Diaz de la Portilla, R.   Johnson       Ogles           Sorensen
                                                                             Dockery                   Jones         Patterson       Spratt
Yeas—42                                                                      Farkas                    Kelly         Peaden          Starks
Betancourt       Effman                    Kosmas        Ryan                Fasano                    Kilmer        Posey           Sublette
Bloom            Eggelletion               Lawson        Smith, C.           Feeney                    Kyle          Prieguez        Trovillion
Boyd             Frankel                   Lee           Sobel               Fiorentino                Lacasa        Pruitt          Tullis
Brown            Gottlieb                  Levine        Stafford            Fuller                    Littlefield   Putnam          Villalobos
Bucher           Greene, A.                Logan         Stansel             Garcia                    Lynn          Rojas           Wallace
Bullard          Greenstein                Miller, L.    Suarez              Gay                       Maygarden     Rubio           Wise
Bush             Hafner                    Morroni       Turnbull            Green, C.                 Miller, J.    Russell
Chestnut         Henriquez                 Rayson        Wasserman Schultz   Harrington                Minton        Sanderson
Cosgrove         Heyman                    Reddick       Wiles               Hart                      Murman        Sembler
Crist            Hill                      Ritchie                           Votes after roll call:
Edwards          Jacobs                    Ritter                              Yeas—Boyd
Nays—63                                                                         Representative(s) Ritter offered the following:
The Chair        Casey                     Harrington    Peaden
                                                                             (Amendment Bar Code: 194267)
Alexander        Constantine               Johnson       Posey
Andrews          Crady                     Jones         Prieguez              Amendment 6 to Amendment 1 (with title amendment)—On
Argenio          Detert                    Kelly         Pruitt              page 40, line 17 through page 55, line 5
Argenziano       Diaz de la Portilla, R.   Kilmer        Putnam              remove from the amendment: all of said lines
Arnall           Dockery                   Kyle          Rojas
                                                                             And the title is amended as follows:
Bainter          Farkas                    Littlefield   Rubio
Barreiro         Fasano                    Lynn          Russell               On page 68, line 8 through page 69, line 16 of the amendment
Bense            Feeney                    Maygarden     Sanderson           remove: all of said lines
Bilirakis        Fiorentino                Melvin        Smith, K.
Bitner           Flanagan                  Merchant      Sorensen            and insert in lieu thereof: amending s.
Bradley          Garcia                    Miller, J.    Spratt               Rep. Ritter moved the adoption of the amendment to the amendment,
Bronson          Gay                       Minton        Sublette            which failed of adoption.
Brummer          Goode                     Murman        Tullis
Byrd             Goodlette                 Ogles         Wallace                Representative(s) Albright offered the following:
Cantens          Green, C.                 Patterson
                                                                             (Amendment Bar Code: 322977)
  Representative(s) Turnbull offered the following:
                                                                               Amendment 7 to Amendment 1 (with title amendment)—On
(Amendment Bar Code: 900557)                                                 page 64, between lines 2 and 3 of the amendment

  Amendment 5 to Amendment 1 (with title amendment)—On                       insert:
page 29, line 15 through page 33, line 5
remove from the amendment: all of said lines                                   Section 19. Effective May 10, 2001, sections 163.2511, 163.2514,
                                                                             163.2517, 163.2520, 163.2523, 163.2526, 163.3161, 163.3164, 163.3167,
And the title is amended as follows:                                         163.3171, 163.3174, 163.3177, 163.31775, 163.3178, 163.3179, 163.3180,
                                                                             163.3181, 163.3184, 163.3187, 163.3189, 163.3191, 163.3194, 163.3197,
  On page 67, lines 18-28 of the amendment                                   163.3201, 163.3202, 163.3204, 163.3211, 163.3213, 163.3215, 163.3217,
remove: all of said lines                                                    163.3220, 163.3221, 163.3223, 163.3225, 163.3227, 163.3229, 163.3231,
                                                                             163.3233, 163.3235, 163.3237, 163.3239, 163.3241, 163.3243, 163.3244,
and insert in lieu thereof: F.S., amending s.
                                                                             and 163.3245, Florida Statutes, are repealed.
 Rep. Turnbull moved the adoption of the amendment to the
                                                                             And the title is amended as follows:
amendment, which failed of adoption. The vote was:
                                                                                On page 69, line 30 of the amendment after “report;”
Session Vote Sequence: 263
                                                                             insert: repealing part II of ch. 163, F.S., the Growth Policy Act and the
Yeas—44
                                                                             Local Government Comprehensive Planning and Land Development
Betancourt       Eggelletion               Kosmas        Ritter              Regulation Act, effective May 10, 2001;
Bloom            Frankel                   Lawson        Ryan
                                                                              Rep. Albright moved the adoption of the amendment to the
Brown            Goodlette                 Lee           Smith, C.
                                                                             amendment.
Bucher           Gottlieb                  Levine        Smith, K.
Bullard          Greene, A.                Logan         Sobel                 Further consideration of Amendment 7 to Amendment 1 was
Bush             Greenstein                Melvin        Stafford            temporarily postponed under Rule 141.
Chestnut         Hafner                    Miller, L.    Stansel
Cosgrove         Henriquez                 Morroni       Suarez               On motion by Rep. Peaden, under Rule 142(h), the following late-filed
Crist            Heyman                    Rayson        Turnbull            amendment to the amendment was considered.
Edwards          Hill                      Reddick       Wasserman Schultz      Representative(s) Peaden offered the following:
Effman           Jacobs                    Ritchie       Wiles
                                                                             (Amendment Bar Code: 072933)
Nays—65
                                                                               Amendment 8 to Amendment 1 (with title amendment)—On
The Chair        Arnall                    Bitner        Cantens
                                                                             page 20, lines 11-30,
Albright         Bainter                   Bradley       Casey
                                                                             remove from the amendment: all of said lines
Alexander        Ball                      Bronson       Crady
Argenio          Bense                     Brummer       Crow                and insert in lieu thereof: state land planning agency. The state land
Argenziano       Bilirakis                 Byrd          Detert              planning agency shall have 30 days to review comments from the
April 26, 2000                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       803

various government agencies along with a local government’s                   (j) Identify and adopt a package of financial and local government
comprehensive plan or plan amendment. During that period, the state         incentives which the local government will offer for new development,
land planning agency shall transmit in writing its comments to the local    expansion of existing development, and redevelopment within the urban
government along with any objections and any recommendations for            infill and redevelopment area. Examples of such incentives include:
modifications. When a federal, state, or regional agency has
implemented a permitting program, the state land planning agency              1. Waiver of license and permit fees.
shall not require a local government to duplicate or exceed that              2. Exemption of sales made in the urban infill and redevelopment
permitting program in its comprehensive plan, to duplicate data and         area from Waiver of local option sales surtaxes imposed pursuant to s.
analysis gathered through the required permitting process, or to            212.054 taxes.
implement such a permitting program in its land development
regulations. Nothing contained herein shall prohibit The state land           3. Waiver of delinquent local taxes or fees to promote the return of
planning agency in conducting its review of local plans or plan             property to productive use.
amendments may make from making objections, recommendations, and
comments or make making compliance determinations regarding                   4. Expedited permitting.
densities and intensities consistent with the provisions of this part. In     5. Lower transportation impact fees for development which
preparing its comments, the state land planning agency shall only base      encourages more use of public transit, pedestrian, and bicycle modes of
its considerations on written, and not oral, comments, from any source.     transportation.
And the title is amended as follows:                                          6. Prioritization of infrastructure spending within the urban infill
  On page 66, line 26, after the first semicolon, of the amendment          and redevelopment area.

insert: providing that local governments are not required to duplicate        7. Local government absorption of developers’ concurrency costs.
data and analysis gathered through a federal, state, or regional agency     In order to be authorized to recognize the exemption from local option
permitting process;                                                         sales surtaxes pursuant to subparagraph 2., the owner, lessee, or lessor
  Rep. Peaden moved the adoption of the amendment to the                    of the new development, expanding existing development, or
amendment. Subsequently, Amendment 8 to Amendment 1 was                     redevelopment within the urban infill and redevelopment area must file
withdrawn.                                                                  an application under oath with the governing body having jurisdiction
                                                                            over the urban infill and redevelopment area where the business is
 The question recurred on the adoption of Amendment 7 to                    located. The application must include the name and address of the
Amendment 1, which was withdrawn.                                           business claiming the exclusion from collecting local option surtaxes; an
                                                                            address and assessment roll parcel number of the urban infill and
  The question recurred on the adoption of Amendment 1, as amended.         redevelopment area for which the exemption is being sought; a
  Representative(s) Henriquez offered the following:                        description of the improvements made to accomplish the new
                                                                            development, expanding development, or redevelopment of the real
(Amendment Bar Code: 021739)                                                property; a copy of the building permit application or the building permit
                                                                            issued for the development of the real property; a new application for a
  Substitute Amendment 1 (with title amendment)—On page 6,                  certificate of registration with the Department of Revenue with the
remove from the bill: Everything after the enacting clause                  address of the new development, expanding development, or
and insert in lieu thereof:                                                 redevelopment; and the location of the property. The local government
                                                                            must review and approve the application and submit the completed
  Section 1. Section 125.595, Florida Statutes, is created to read:         application and documentation along with a copy of the ordinance
                                                                            adopted pursuant to subsection (5) to the Department of Revenue in order
   125.595 Right of citizens to petition elected officials.—No citizen      for the business to become eligible to make sales exempt from local option
shall be denied his or her constitutional right to petition any elected     sales surtaxes in the urban infill and redevelopment area.
official in public or private. This provision shall preempt any other
special act or general law to the contrary.                                  Section 3. Subsection (13) of section 212.08, Florida Statutes, is
                                                                            amended to read:
  Section 2. Paragraph (j) of subsection (3) of section 163.2517, Florida
Statutes, is amended to read:                                                 212.08 Sales, rental, use, consumption, distribution, and storage
                                                                            tax; specified exemptions.—The sale at retail, the rental, the use, the
  163.2517 Designation of urban infill and redevelopment area.—             consumption, the distribution, and the storage to be used or consumed
  (3) A local government seeking to designate a geographic area             in this state of the following are hereby specifically exempt from the tax
within its jurisdiction as an urban infill and redevelopment area shall     imposed by this chapter.
prepare a plan that describes the infill and redevelopment objectives of      (13) No transactions shall be exempt from the tax imposed by this
the local government within the proposed area. In lieu of preparing a       chapter except those expressly exempted herein. All laws granting tax
new plan, the local government may demonstrate that an existing plan        exemptions, to the extent they may be inconsistent or in conflict with
or combination of plans associated with a community redevelopment           this chapter, including, but not limited to, the following designated laws,
area, Florida Main Street program, Front Porch Florida Community,           shall yield to and be superseded by the provisions of this subsection: ss.
sustainable community, enterprise zone, or neighborhood improvement         125.019, 153.76, 154.2331, 159.15, 159.31, 159.50, 159.708, 163.385,
district includes the factors listed in paragraphs (a)-(n), including a     163.395, 215.76, 243.33, 258.14, 315.11, 348.65, 348.762, 349.13,
collaborative and holistic community participation process, or amend        403.1834, 616.07, and 623.09, and the following Laws of Florida, acts of
such existing plans to include these factors. The plan shall demonstrate    the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter 30845,
the local government and community’s commitment to comprehensively          1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter
address the urban problems within the urban infill and redevelopment        31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
area and identify activities and programs to accomplish locally             chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754; s. 10,
identified goals such as code enforcement; improved educational             chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter 65-1274; s. 16,
opportunities; reduction in crime; neighborhood revitalization and          chapter 67-1446; and s. 10, chapter 67-1681. This subsection does not
preservation; provision of infrastructure needs, including mass transit     supersede the authority of a local government to adopt financial and
and multimodal linkages; and mixed-use planning to promote                  local government incentives pursuant to s. 163.2517.
multifunctional redevelopment to improve both the residential and
commercial quality of life in the area. The plan shall also:                  Section 4. Section 163.2523, Florida Statutes, is amended to read:
804                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                         April 26, 2000

  163.2523 Grant program.—An Urban Infill and Redevelopment                    strengthen and diversify the local economies, and shall not be limited
Assistance Grant Program is created for local governments. A local             solely by the projected population of the rural community. The future
government may allocate grant money to special districts, including            land use plan of a county may also designate areas for possible future
community redevelopment agencies, and nonprofit community                      municipal incorporation. The land use maps or map series shall
development organizations to implement projects consistent with an             generally identify and depict historic district boundaries and shall
adopted urban infill and redevelopment plan or plan employed in lieu           designate historically significant properties meriting protection. The
thereof. Thirty percent of the general revenue appropriated for this           future land use element must clearly identify the land use categories in
program shall be available for planning grants to be used by local             which public schools are an allowable use. When delineating the land
governments for the development of an urban infill and redevelopment           use categories in which public schools are an allowable use, a local
plan, including community participation processes for the plan. Sixty          government shall include in the categories sufficient land proximate to
percent of the general revenue appropriated for this program shall be          residential development to meet the projected needs for schools in
available for fifty/fifty matching grants for implementing urban infill        coordination with public school boards and may establish differing
and redevelopment projects that further the objectives set forth in the        criteria for schools of different type or size. Each local government shall
local government’s adopted urban infill and redevelopment plan or plan         include lands contiguous to existing school sites, to the maximum extent
employed in lieu thereof. The remaining 10 percent of the revenue must         possible, within the land use categories in which public schools are an
be used for outright grants for implementing projects requiring an             allowable use. All comprehensive plans must comply with the school
expenditure of under $50,000. If the volume of fundable applications           siting requirements of this paragraph no later than October 1, 1999. The
under any of the allocations specified in this section does not fully          failure by a local government to comply with these school siting
obligate the amount of the allocation, the Department of Community             requirements by October 1, 1999, will result in the prohibition of the
Affairs may transfer the unused balance to the category having the             local government’s ability to amend the local comprehensive plan,
highest dollar value of applications eligible but unfunded. However, in        except for plan amendments described in s. 163.3187(1)(b), until the
no event may the percentage of dollars allocated to outright grants for        school siting requirements are met. An amendment proposed by a local
implementing projects exceed 20 percent in any given fiscal year. Projects     government for purposes of identifying the land use categories in which
that provide employment opportunities to clients of the WAGES                  public schools are an allowable use is exempt from the limitation on the
program and projects within urban infill and redevelopment areas that          frequency of plan amendments contained in s. 163.3187. The future land
include a community redevelopment area, Florida Main Street program,           use element shall include criteria which encourage the location of
Front Porch Florida Community, sustainable community, enterprise               schools proximate to urban residential areas to the extent possible and
zone, federal enterprise zone, enterprise community, or neighborhood           shall require that the local government seek to collocate public facilities,
improvement district must be given an elevated priority in the scoring         such as parks, libraries, and community centers, with schools to the
of competing grant applications. The Division of Housing and                   extent possible. For schools serving predominantly rural areas, an
Community Development of the Department of Community Affairs shall             agricultural land use category may be eligible by plan amendment for the
administer the grant program. The Department of Community Affairs              location of public school facilities, provided the local comprehensive plan
shall adopt rules establishing grant review criteria consistent with this      contains school siting criteria or the applicable land use category will be
section.                                                                       amended through a comprehensive plan amendment.

  Section 5. Paragraph (a) of subsection (6) of section 163.3177,                 (11)(a) The Legislature recognizes the need for innovative planning
Florida Statutes, is amended, and subsection (11) of said section is           and development strategies which will address the anticipated demands
amended, to read:                                                              of continued urbanization of Florida’s coastal and other environmentally
                                                                               sensitive areas, and which will accommodate the development of less
  163.3177 Required and optional elements of comprehensive plan;               populated regions of the state which seek economic development and
studies and surveys.—                                                          which have suitable land and water resources to accommodate growth
  (6) In addition to the requirements of subsections (1)-(5), the              in an environmentally acceptable manner. The Legislature further
comprehensive plan shall include the following elements:                       recognizes the substantial advantages of innovative approaches to
                                                                               development which may better serve to protect environmentally
   (a) A future land use plan element designating proposed future              sensitive areas, maintain the economic viability of agricultural and
general distribution, location, and extent of the uses of land for             other predominantly rural land uses, and provide for the cost-efficient
residential uses, commercial uses, industry, agriculture, recreation,          delivery of public facilities and services.
conservation, education, public buildings and grounds, other public
facilities, and other categories of the public and private uses of land. The     (b) It is the intent of the Legislature that the local government
future land use plan shall include standards to be followed in the control     comprehensive plans and plan amendments adopted pursuant to the
and distribution of population densities and building and structure            provisions of this part provide for a planning process which allows for
intensities. The proposed distribution, location, and extent of the            land use efficiencies within existing urban areas and which also allows
various categories of land use shall be shown on a land use map or map         for the conversion of rural lands to other uses, where appropriate and
series which shall be supplemented by goals, policies, and measurable          consistent with the other provisions of this part and the affected local
objectives. Each land use category shall be defined in terms of the types      comprehensive plans, through the application of innovative and flexible
of uses included and specific standards for the density or intensity of        planning and development strategies and creative land use planning
use. The future land use plan shall be based upon surveys, studies, and        techniques, which may include, but not be limited to, urban villages,
data regarding the area, including the amount of land required to              new towns, satellite communities, area-based allocations, clustering
accommodate anticipated growth; the projected population of the area;          and open space provisions, mixed-use development, and sector planning.
the character of undeveloped land; the availability of public services; the      (c) Lands classified in the future land use plan element as
need for redevelopment, including the renewal of blighted areas and the        agricultural, rural, open, open/rural, or a substantively equivalent land
elimination of nonconforming uses which are inconsistent with the              use may also be appropriate for innovative planning and development
character of the community; and, in rural communities, the need for job        strategies described in paragraphs (a) and (b), which the department
creation, capital investment, and economic development that will               recognizes as methods for discouraging urban sprawl, where consistent
strengthen and diversify the community’s economy. The future land use          with the provisions of the state comprehensive plan, regional policy
plan may designate areas for future planned development use involving          plans, and this part.
combinations of types of uses for which special regulations may be
necessary to ensure development in accord with the principles and                (d) The Department of Community Affairs, in conjunction with the
standards of the comprehensive plan and this act. In addition, for rural       Department of Agriculture and Consumer Services, shall, by no later
communities, the amount of land designated for future planned                  than December 15, 2000, prepare and submit to the Governor, the
industrial use shall be based upon surveys and studies that reflect the        Speaker of the House of Representatives, and the President of the Senate
need for job creation, capital investment, and the necessity to                a report on a program of planning incentives, economic incentives, and
April 26, 2000                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       805

other measures as may be necessary to facilitate the timely                      agency in the state that has filed a written request with the governing
implementation of innovative planning and development strategies                 body for the plan or plan amendment. The local government may request
described in paragraphs (a), (b), and (c) while protecting                       a review by the state land planning agency pursuant to subsection (6) at
environmentally sensitive areas, maintaining the economic viability of           the time of transmittal of an amendment.
agriculture and other predominantly rural land uses, and providing for
                                                                                   (b) A local governing body shall not transmit portions of a plan or
the cost-efficient delivery of public facilities and services. Such incentives
                                                                                 plan amendment unless it has previously provided to all state agencies
and other measures shall address the following:
                                                                                 designated by the state land planning agency a complete copy of its
  1. “Smart growth” strategies within rural areas which proactively              adopted comprehensive plan pursuant to subsection (7) and as specified
address both the pressures of population growth and the substantial need         in the agency’s procedural rules. In the case of comprehensive plan
for rural economic development.                                                  amendments, the local governing body shall transmit to the state land
                                                                                 planning agency, the appropriate regional planning council and water
  2. The importance of maintaining rural land values as the                      management district, the Department of Environmental Protection, the
cornerstone of maintaining a viable rural economy.                               Department of State, and the Department of Transportation, and, in the
                                                                                 case of municipal plans, to the appropriate county, and, in the case of
  3. Expression of the contents of paragraphs (a), (b), and (c) in the           county plans, to the Fish and Wildlife Conservation Commission and the
form of practical and easily understood planning guidelines.                     Department of Agriculture and Consumer Services, the materials
  4. A rural lands stewardship program under which the owners of                 specified in the state land planning agency’s procedural rules and, in
rural property are encouraged to convey development rights in exchange           cases in which the plan amendment is a result of an evaluation and
for smart growth development credits which are transferable within               appraisal report adopted pursuant to s. 163.3191, a copy of the
rural areas in which innovative development and strategies are applied           evaluation and appraisal report. Local governing bodies shall
as part of a pattern of land use which protects environmentally sensitive        consolidate all proposed plan amendments into a single submission for
                                                                                 each of the two plan amendment adoption dates during the calendar
areas, maintains the economic viability of agriculture and other
                                                                                 year pursuant to s. 163.3187.
predominantly rural land uses, and provides for the cost-efficient
delivery of public facilities and services.                                        (c) A local government may adopt a proposed plan amendment
                                                                                 previously transmitted pursuant to this subsection, unless review is
  5. Strategies and incentives to reward best management practices for
                                                                                 requested or otherwise initiated pursuant to subsection (6).
agricultural activities consistent with the conservation and protection of
environmentally sensitive areas and sound water management practices.              (d) In cases in which a local government transmits multiple
                                                                                 individual amendments that can be clearly and legally separated and
  6. The coordination of state transportation facilities, including
                                                                                 distinguished for the purpose of determining whether to review the
roadways, railways, and port and airport facilities, to provide for the
                                                                                 proposed amendment, and the state land planning agency elects to
transportation of agricultural products and supplies.
                                                                                 review several or a portion of the amendments and the local government
The Department of Community Affairs and the Department of                        chooses to immediately adopt the remaining amendments not reviewed,
Agriculture and Consumer Services shall regularly report their progress          the amendments immediately adopted and any reviewed amendments
on these issues to the Grow Smart Florida Study Commission so as to              that the local government subsequently adopts together constitute one
cooperate and lend assistance to the commission in developing their final        amendment cycle in accordance with s. 163.3187(1).
report to the Legislature.                                                         (4) INTERGOVERNMENTAL REVIEW.—If review of a proposed
  (e)(c) It is the further intent of the Legislature that local government       comprehensive plan amendment is requested or otherwise initiated
comprehensive plans and implementing land development regulations                pursuant to subsection (6), the state land planning agency within 5
shall provide strategies which maximize the use of existing facilities and       working days of determining that such a review will be conducted shall
services through redevelopment, urban infill development, and other              transmit a copy of the proposed plan amendment to various government
strategies for urban revitalization.                                             agencies, as appropriate, for response or comment, including, but not
                                                                                 limited to, the Department of Environmental Protection, the
  (f)(d) The implementation of this subsection shall be subject to the           Department of Transportation, the water management district, and the
provisions of this chapter, chapters 186 and 187, and applicable agency          regional planning council, and, in the case of municipal plans, to the
rules.                                                                           county land planning agency. The These governmental agencies
                                                                                 specified in paragraph (3)(a) shall provide comments to the state land
  (g)(e) The department shall implement the provisions of this                   planning agency within 30 days after receipt by the state land planning
subsection by rule.                                                              agency of the complete proposed plan amendment. The appropriate
   Section 6. Subsections (3), (4), (6), (7), (8), and (15) and paragraph (d)    regional planning council shall also provide its written comments to the
of subsection (16) of section 163.3184, Florida Statutes, are amended to         state land planning agency within 30 days after receipt by the state land
read:                                                                            planning agency of the complete proposed plan amendment and shall
                                                                                 specify any objections, recommendations for modifications, and
 163.3184 Process for adoption of comprehensive plan or plan                     comments of any other regional agencies to which the regional planning
amendment.—                                                                      council may have referred the proposed plan amendment. Written
                                                                                 comments submitted by the public within 30 days after notice of
 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED                                    transmittal by the local government of the proposed plan amendment
PLAN OR AMENDMENT.—                                                              will be considered as if submitted by governmental agencies. All written
   (a) Each local governing body shall transmit the complete proposed            agency and public comments must be made part of the file maintained
comprehensive plan or plan amendment to the state land planning                  under subsection (2).
agency, the appropriate regional planning council and water                        (6) STATE LAND PLANNING AGENCY REVIEW.—
management district, the Department of Environmental Protection, the
Department of State, and the Department of Transportation, and, in the             (a) The state land planning agency shall review a proposed plan
case of municipal plans, to the appropriate county, and, in the case of          amendment upon request of a regional planning council, affected
county plans, to the Fish and Wildlife Conservation Commission and the           person, or local government transmitting the plan amendment. The
Department of Agriculture and Consumer Services, immediately                     request from the regional planning council or affected person must be if
following a public hearing pursuant to subsection (15) as specified in the       the request is received within 30 days after transmittal of the proposed
state land planning agency’s procedural rules. The local governing body          plan amendment pursuant to subsection (3). The agency shall issue a
shall also transmit a copy of the complete proposed comprehensive plan           report of its objections, recommendations, and comments regarding the
or plan amendment to any other unit of local government or government            proposed plan amendment. A regional planning council or affected
806                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                          April 26, 2000

person requesting a review shall do so by submitting a written request      land planning agency as specified in the agency’s procedural rules
to the agency with a notice of the request to the local government and      within 10 working days after adoption, including the names and
any other person who has requested notice.                                  addresses of persons compiled pursuant to paragraph (15)(c). The local
                                                                            governing body shall also transmit a copy of the adopted comprehensive
   (b) The state land planning agency may review any proposed plan          plan or plan amendment to the regional planning agency and to any
amendment regardless of whether a request for review has been made,         other unit of local government or governmental agency in the state that
if the agency gives notice to the local government, and any other person    has filed a written request with the governing body for a copy of the plan
who has requested notice, of its intention to conduct such a review
                                                                            or plan amendment.
within 35 30 days of receipt by the state land planning agency
transmittal of the complete proposed plan amendment pursuant to               (8) NOTICE OF INTENT.—
subsection (3).
                                                                              (a) Except as provided in s. 163.3187(3), the state land planning
   (c) The state land planning agency shall establish by rule a schedule    agency, upon receipt of a local government’s complete adopted
for receipt of comments from the various government agencies, as well       comprehensive plan or plan amendment, shall have 45 days for review
as written public comments, pursuant to subsection (4). If the state land   and to determine if the plan or plan amendment is in compliance with
planning agency elects to review the amendment or the agency is required    this act, unless the amendment is the result of a compliance agreement
to review the amendment as specified in paragraph (a), the agency shall     entered into under subsection (16), in which case the time period for
issue a report of its objections, recommendations, and comments             review and determination shall be 30 days. If review was not conducted
regarding the proposed amendment within 60 days of receipt of the           under subsection (6), the agency’s determination must be based upon
complete proposed amendment by the state land planning agency.              the plan amendment as adopted. If review was conducted under
Proposed comprehensive plan amendments from small counties or rural         subsection (6), the agency’s determination of compliance must be based
communities for the purpose of job creation, economic development, or       only upon one or both of the following:
strengthening and diversifying the economy shall receive priority review
by the state land planning agency. The state land planning agency shall       1. The state land planning agency’s written comments to the local
have 30 days to review comments from the various government agencies        government pursuant to subsection (6); or
along with a local government’s comprehensive plan or plan
amendment. During that period, the state land planning agency shall           2. Any changes made by the local government to the comprehensive
transmit in writing its comments to the local government along with any     plan or plan amendment as adopted.
objections and any recommendations for modifications. When a federal,
                                                                              (b) During the time period provided for in this subsection, the state
state, or regional agency has implemented a permitting program, the
                                                                            land planning agency shall issue, through a senior administrator or the
state land planning agency shall not require a local government to
                                                                            secretary, as specified in the agency’s procedural rules, a notice of intent
duplicate or exceed that permitting program in its comprehensive plan
                                                                            to find that the plan or plan amendment is in compliance or not in
or to implement such a permitting program in its land development
                                                                            compliance. A notice of intent shall be issued by publication in the
regulations. Nothing contained herein shall prohibit the state land
planning agency in conducting its review of local plans or plan             manner provided by this paragraph and by mailing a copy to the local
amendments from making objections, recommendations, and comments            government and to persons who request notice. The required
or making compliance determinations regarding densities and                 advertisement shall be no less than 2 columns wide by 10 inches long,
intensities consistent with the provisions of this part. In preparing its   and the headline in the advertisement shall be in a type no smaller than
comments, the state land planning agency shall only base its                12 point. The advertisement shall not be placed in that portion of the
considerations on written, and not oral, comments, from any source.         newspaper where legal notices and classified advertisements appear.
                                                                            The advertisement shall be published in a newspaper which meets the
  (d) The state land planning agency review shall identify all written      size and circulation requirements set forth in paragraph (15)(d)(c) and
communications with the agency regarding the proposed plan                  which has been designated in writing by the affected local government
amendment. If the state land planning agency does not issue such a          at the time of transmittal of the amendment. Publication by the state
review, it shall identify in writing to the local government all written    land planning agency of a notice of intent in the newspaper designated
communications received 30 days after transmittal. The written              by the local government shall be prima facie evidence of compliance with
identification must include a list of all documents received or generated   the publication requirements of this section.
by the agency, which list must be of sufficient specificity to enable the
documents to be identified and copies requested, if desired, and the          (c) The state land planning agency shall post a copy of the notice of
name of the person to be contacted to request copies of any identified      intent on the agency’s Internet site. The agency shall, no later than the
document. The list of documents must be made a part of the public           date the notice of intent is transmitted to the newspaper, mail a courtesy
records of the state land planning agency.                                  informational statement to the persons whose names and mailing
                                                                            addresses were compiled pursuant to paragraph (15)(c). The
   (7) LOCAL       GOVERNMENT         REVIEW        OF     COMMENTS;        informational statement shall include the identity of the newspaper in
ADOPTION OF PLAN OR AMENDMENTS AND TRANSMITTAL.—                            which the notice of intent will appear, the approximate date of
The local government shall review the written comments submitted to         publication of the notice of intent, the ordinance number of the plan or
it by the state land planning agency, and any other person, agency, or      plan amendment, and a statement that the informational statement is
government. Any comments, recommendations, or objections and any            provided as a courtesy to the person and that affected persons have 21
reply to them shall be public documents, a part of the permanent record     days from the actual date of publication of the notice to file a petition. The
in the matter, and admissible in any proceeding in which the
                                                                            informational statement shall be sent by regular mail and shall not affect
comprehensive plan or plan amendment may be at issue. The local
                                                                            the timeframes in subsections (9) and (10).
government, upon receipt of written comments from the state land
planning agency, shall have 120 days to adopt or adopt with changes the       (15) PUBLIC HEARINGS.—
proposed comprehensive plan or s. 163.3191 plan amendments. In the
case of comprehensive plan amendments other than those proposed                (a) The procedure for transmittal of a complete proposed
pursuant to s. 163.3191, the local government shall have 60 days to         comprehensive plan or plan amendment pursuant to subsection (3) and
adopt the amendment, adopt the amendment with changes, or                   for adoption of a comprehensive plan or plan amendment pursuant to
determine that it will not adopt the amendment. The adoption of the         subsection (7) shall be by affirmative vote of not less than a majority of
proposed plan or plan amendment or the determination not to adopt a         the members of the governing body present at the hearing. The adoption
plan amendment, other than a plan amendment proposed pursuant to            of a comprehensive plan or plan amendment shall be by ordinance. For
s. 163.3191, shall be made in the course of a public hearing pursuant to    the purposes of transmitting or adopting a comprehensive plan or plan
subsection (15). The local government shall transmit the complete           amendment, the notice requirements in chapters 125 and 166 are
adopted comprehensive plan or adopted plan amendment to the state           superseded by this subsection, except as provided in this part.
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                          807

   (b) The local governing body shall hold at least two advertised public       infill, urban redevelopment, or downtown revitalization as defined in s.
hearings on the proposed comprehensive plan or plan amendment as                163.3164, urban infill and redevelopment areas designated under s.
follows:                                                                        163.2517, transportation concurrency exception areas approved
                                                                                pursuant to s. 163.3180(5), or regional activity centers and urban
  1. The first public hearing shall be held at the transmittal stage            central business districts approved pursuant to s. 380.06(2)(e); however,
pursuant to subsection (3). It shall be held on a weekday at least 7 days       amendments under this paragraph may be applied to no more than 60
after the day that the first advertisement is published.                        acres annually of property outside the designated areas listed in this
  2. The second public hearing shall be held at the adoption stage              sub-sub-subparagraph.
pursuant to subsection (7). It shall be held on a weekday at least 5 days          (II) A maximum of 80 acres in a local government that does not
after the day that the second advertisement is published.                       contain any of the designated areas set forth in sub-sub-subparagraph
  (c) The local government shall provide a sign-in form at the                  (I).
transmittal hearing and at the adoption hearing for persons to provide             (III) A maximum of 120 acres in a county established pursuant to s.
their name and mailing address. The sign-in form shall state that any           9, Art. VIII of the state constitution.
person providing the requested information will receive a courtesy
informational statement concerning publication of the state land                  b. The proposed amendment does not involve the same property
planning agency’s notice of intent. The local government shall add to the       granted a change within the prior 12 months.
sign-in form the name and address of any person who submits written
comments concerning the proposed plan or plan amendment during the                c. The proposed amendment does not involve the same owner’s
time period between the commencement of the transmittal hearing and             property within 200 feet of property granted a change within the prior
the end of the adoption hearing. It shall be the responsibility of the person   12 months.
completing the form or providing written comments to accurately,
                                                                                  d. The proposed amendment does not involve a text change to the
completely, and legibly provide all information required to receive the
                                                                                goals, policies, and objectives of the local government’s comprehensive
courtesy informational statement. The agency shall adopt rules to
                                                                                plan, but only proposes a land use change to the future land use map for
provide a model sign-in form and the format for providing the list to the
                                                                                a site-specific small scale development activity.
agency.
                                                                                   e. The property that is the subject of the proposed amendment is not
  (d)(c) If the proposed comprehensive plan or plan amendment
                                                                                located within an area of critical state concern, unless the project subject
changes the actual list of permitted, conditional, or prohibited uses
                                                                                to the proposed amendment involves the construction of affordable
within a future land use category or changes the actual future land use
                                                                                housing units meeting the criteria of s. 420.0004(3), and is located within
map designation of a parcel or parcels of land, the required
                                                                                an area of critical state concern designated by s. 380.0552 or by the
advertisements shall be in the format prescribed by s. 125.66(4)(b)2. for
                                                                                Administration Commission pursuant to s. 380.05(1) in an urban
a county or by s. 166.041(3)(c)2.b. for a municipality.
                                                                                residential or urban commercial land use category. Such amendment is
  (16) COMPLIANCE AGREEMENTS.—                                                  not subject to the density limitations of sub-subparagraph f., and shall
                                                                                be reviewed by the state land planning agency for consistency with the
  (d) A local government may adopt a plan amendment pursuant to a               principles for guiding development applicable to the area of critical state
compliance agreement in accordance with the requirements of                     concern where the property that is the subject of the amendment is
paragraph (15)(a). The plan amendment shall be exempt from the                  located, and shall not become effective until a final order is issued under
requirements of subsections (2) through (7). The local government shall         s. 380.05(6).
hold a single adoption public hearing pursuant to the requirements of
subparagraph (15)(b)2. and paragraph (15)(d)(c). Within 10 working                f. If the proposed amendment involves a residential land use, the
days after adoption of a plan amendment, the local government shall             residential land use has a density of 10 units or less per acre, except that
transmit the amendment to the state land planning agency as specified           this limitation does not apply to small scale amendments described in
in the agency’s procedural rules, and shall submit one copy to the              sub-sub-subparagraph a.(I) that are designated in the local
regional planning agency and to any other unit of local government or           comprehensive plan for urban infill, urban redevelopment, or downtown
government agency in the state that has filed a written request with the        revitalization as defined in s. 163.3164, urban infill and redevelopment
governing body for a copy of the plan amendment, and one copy to any            areas designated under s. 163.2517, transportation concurrency
party to the proceeding under ss. 120.569 and 120.57 granted intervenor         exception areas approved pursuant to s. 163.3180(5), or regional activity
status.                                                                         centers and urban central business districts approved pursuant to s.
                                                                                380.06(2)(e).
  Section 7. Paragraph (c) of subsection (1) of section 163.3187, Florida
Statutes, is amended to read:                                                      2.a. A local government that proposes to consider a plan amendment
                                                                                pursuant to this paragraph is not required to comply with the
  163.3187 Amendment of adopted comprehensive plan.—                            procedures and public notice requirements of s. 163.3184(15)(d)(c) for
  (1) Amendments to comprehensive plans adopted pursuant to this                such plan amendments if the local government complies with the
part may be made not more than two times during any calendar year,              provisions in s. 125.66(4)(a) for a county or in s. 166.041(3)(c) for a
except:                                                                         municipality. If a request for a plan amendment under this paragraph
                                                                                is initiated by other than the local government, public notice is required.
  (c) Any local government comprehensive plan amendments directly
related to proposed small scale development activities may be approved            b. The local government shall send copies of the notice and
without regard to statutory limits on the frequency of consideration of         amendment to the state land planning agency, the regional planning
amendments to the local comprehensive plan. A small scale                       council, and any other person or entity requesting a copy. This
development amendment may be adopted only under the following                   information shall also include a statement identifying any property
conditions:                                                                     subject to the amendment that is located within a coastal high hazard
                                                                                area as identified in the local comprehensive plan.
  1. The proposed amendment involves a use of 10 acres or fewer and:
                                                                                  3. Small scale development amendments adopted pursuant to this
  a. The cumulative annual effect of the acreage for all small scale            paragraph require only one public hearing before the governing board,
development amendments adopted by the local government shall not                which shall be an adoption hearing as described in s. 163.3184(7), and
exceed:                                                                         are not subject to the requirements of s. 163.3184(3)-(6) unless the local
                                                                                government elects to have them subject to those requirements.
  (I) A maximum of 120 acres in a local government that contains
areas specifically designated in the local comprehensive plan for urban           Section 8. Section 163.3245, Florida Statutes, is amended to read:
808                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

  163.3245 Optional sector plans.—                                              1. A long-range conceptual framework map that at a minimum
                                                                              identifies anticipated areas of urban, agricultural, rural, and
   (1) In recognition of the benefits of conceptual long-range planning       conservation land use.
for the buildout of an area, and detailed planning for specific areas, as
a demonstration project, the requirements of s. 380.06 may be addressed         2. Identification of regionally significant public facilities consistent
as identified by this section for up to five local governments or             with chapter 9J-2, Florida Administrative Code, irrespective of local
combinations of local governments which adopt into the comprehensive          governmental jurisdiction necessary to support buildout of the
plan an optional sector plan in accordance with this section. This section    anticipated future land uses.
is intended to further the intent of s. 163.3177(11), which supports
                                                                                3. Identification of regionally significant natural           resources
innovative and flexible planning and development strategies, and the
                                                                              consistent with chapter 9J-2, Florida Administrative Code.
purposes of this part, and part I of chapter 380, and to avoid duplication
of effort in terms of the level of data and analysis required for a             4. Principles and guidelines that address the urban form and
development of regional impact, while ensuring the adequate mitigation        interrelationships of anticipated future land uses and a discussion, at
of impacts to applicable regional resources and facilities, including those   the applicant’s option, of the extent, if any, to which the plan will
within the jurisdiction of other local governments, as would otherwise        address restoring key ecosystems, achieving a more clean, healthy
be provided. Optional sector plans are intended for substantial               environment, limiting urban sprawl, protecting wildlife and natural
geographic areas including at least 5,000 acres of one or more local          areas, advancing the efficient use of land and other resources, and
governmental jurisdictions and are to emphasize urban form and                creating quality communities and jobs.
protection of regionally significant resources and facilities. The state
land planning agency may approve optional sector plans of less than             5. Identification of general procedures to ensure intergovernmental
5,000 acres based on local circumstances if it is determined that the plan    coordination to address extrajurisdictional impacts from the long-range
would further the purposes of this part and part I of chapter 380.            conceptual framework map.
Preparation of an optional sector plan is authorized by agreement
                                                                                (b) In addition to the other requirements of this chapter, including
between the state land planning agency and the applicable local
                                                                              those in paragraph (a), the detailed specific area plans must include:
governments under s. 163.3171(4). An optional sector plan may be
adopted through one or more comprehensive plan amendments under s.              1. An area of adequate size to accommodate a level of development
163.3184. However, an optional sector plan may not be authorized in an        which achieves a functional relationship between a full range of land
area of critical state concern.                                               uses within the area and to encompass at least 1,000 acres. The state
                                                                              land planning agency may approve detailed specific area plans of less
   (2) The state land planning agency may enter into an agreement to          than 1,000 acres based on local circumstances if it is determined that the
authorize preparation of an optional sector plan upon the request of one      plan furthers the purposes of this part and part I of chapter 380.
or more local governments based on consideration of problems and
opportunities presented by existing development trends; the                     2. Detailed identification and analysis of the distribution, extent,
effectiveness of current comprehensive plan provisions; the potential to      and location of future land uses.
further the state comprehensive plan, applicable strategic regional
policy plans, this part, and part I of chapter 380; and those factors           3. Detailed identification of regionally significant public facilities,
identified by s. 163.3177(10)(i). The applicable regional planning council    including public facilities outside the jurisdiction of the host local
shall conduct a scoping meeting with affected local governments and           government, anticipated impacts of future land uses on those facilities,
those agencies identified in s. 163.3184(3)(a)(4) before execution of the     and required improvements to maintain adopted level of service
agreement authorized by this section. The purpose of this meeting is to       standards consistent with chapter 9J-2, Florida Administrative Code.
assist the state land planning agency and the local government in the           4. Public facilities necessary for the short term, including developer
identification of the relevant planning issues to be addressed and the        contributions in a financially feasible 5-year capital improvement
data and resources available to assist in the preparation of subsequent       schedule of the affected local government.
plan amendments. The regional planning council shall make written
recommendations to the state land planning agency and affected local            5. Detailed analysis and identification of specific measures to assure
governments, including whether an optional a sustainable sector plan          the protection of regionally significant natural resources and other
would be appropriate. The agreement must define the geographic area           important resources both within and outside the host jurisdiction,
to be subject to the sector plan, the planning issues that will be            including those regionally significant resources identified in chapter
emphasized, requirements for intergovernmental coordination to                9J-2, Florida Administrative Code.
address extrajurisdictional impacts, supporting application materials
                                                                                6. Principles and guidelines that address the urban form and
including data and analysis, and procedures for public participation. An
                                                                              interrelationships of anticipated future land uses and a discussion, at
agreement may address previously adopted sector plans that are
                                                                              the applicant’s option, of the extent, if any, to which the plan will
consistent with the standards in this section. Before executing an
                                                                              address restoring key ecosystems, achieving a more clean, healthy
agreement under this subsection, the local government shall hold a duly
                                                                              environment, limiting urban sprawl, protecting wildlife and natural
noticed public workshop to review and explain to the public the optional
                                                                              areas, advancing the efficient use of land and other resources, and
sector planning process and the terms and conditions of the proposed
                                                                              creating quality communities and jobs.
agreement. The local government shall hold a duly noticed public
hearing on whether to execute the agreement. All meetings between the           7. Identification of specific procedures to ensure intergovernmental
department and the local government must be open to the public.               coordination to address extrajurisdictional impacts of the detailed
                                                                              specific area plan.
   (3) Optional sector planning encompasses two levels: adoption under
s. 163.3184 of a conceptual long-term buildout overlay to the                   (c) This subsection may not be construed to prevent preparation and
comprehensive plan, having no immediate effect on the issuance of             approval of the optional sector plan and detailed specific area plan
development orders or the applicability of s. 380.06, and adoption under      concurrently or in the same submission.
s. 163.3184 of detailed specific area plans that implement the conceptual
long-term buildout overlay and authorize issuance of development                (4) The host local government shall submit a monitoring report to
orders, and within which s. 380.06 is waived. Until such time as a            the state land planning agency and applicable regional planning council
detailed specific area plan is adopted, the underlying future land use        on an annual basis after adoption of a detailed specific area plan. The
designations apply.                                                           annual monitoring report must provide summarized information on
                                                                              development orders issued, development that has occurred, public
  (a) In addition to the other requirements of this chapter, a                facility improvements made, and public facility improvements
conceptual long-term buildout overlay must include:                           anticipated over the upcoming 5 years.
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        809

  (5) When a plan amendment adopting a detailed specific area plan                Section 11. paragraph (c) of subsection (15), and subsection (18) of
has become effective under ss. 163.3184 and 163.3189(2), the provisions        section 380.06, Florida Statutes, are amended, and paragraphs (i), and
of s. 380.06 do not apply to development within the geographic area of         (j) are added to subsection (24) of said section, to read:
the detailed specific area plan. Should this section be repealed, any
                                                                                 380.06 Developments of regional impact.—
approved development within a detailed specific area plan shall
maintain its exemption from s. 380.06. However, any development-of-              (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
regional-impact development order that is vested from the detailed
specific area plan may be enforced under s. 380.11.                              (c) The development order shall include findings of fact and
                                                                               conclusions of law consistent with subsections (13) and (14). The
  (a) The local government adopting the detailed specific area plan is         development order:
primarily responsible for monitoring and enforcing the detailed specific
area plan. Local governments shall not issue any permits or approvals            1. Shall specify the monitoring procedures and the local official
or provide any extensions of services to development that are not              responsible for assuring compliance by the developer with the
consistent with the detailed specific sector area plan.                        development order.

  (b) If the state land planning agency has reason to believe that a             2. Shall establish compliance dates for the development order,
violation of any detailed specific area plan, or of any agreement entered      including a deadline for commencing physical development and for
                                                                               compliance with conditions of approval or phasing requirements, and
into under this section, has occurred or is about to occur, it may institute
                                                                               shall include a termination date that reasonably reflects the time
an administrative or judicial proceeding to prevent, abate, or control the
                                                                               required to complete the development.
conditions or activity creating the violation, using the procedures in s.
380.11.                                                                          3. Shall establish a date until which the local government agrees
                                                                               that the approved development of regional impact shall not be subject
  (c) In instituting an administrative or judicial proceeding involving
                                                                               to downzoning, unit density reduction, or intensity reduction, unless the
an optional sector plan or detailed specific area plan, including a            local government can demonstrate that substantial changes in the
proceeding pursuant to paragraph (b), the complaining party shall              conditions underlying the approval of the development order have
comply with the requirements of s. 163.3215(4), (5), (6), and (7).             occurred or the development order was based on substantially
  (6) Beginning December 1, 1999, and each year thereafter, the                inaccurate information provided by the developer or that the change is
department shall provide a status report to the Legislative Committee          clearly established by local government to be essential to the public
                                                                               health, safety, or welfare.
on Intergovernmental Relations regarding each optional sector plan
authorized under this section.                                                   4. Shall specify the requirements for the biennial annual report
                                                                               designated under subsection (18), including the date of submission,
  (7) This section may not be construed to abrogate the rights of any
                                                                               parties to whom the report is submitted, and contents of the report,
person under this chapter.
                                                                               based upon the rules adopted by the state land planning agency. Such
  Section 9. Section 166.0498, Florida Statutes, is created to read:           rules shall specify the scope of any additional local requirements that
                                                                               may be necessary for the report.
   166.0498 Right of citizens to petition elected officials.—No citizen
shall be denied his or her constitutional right to petition any elected          5. May specify the types of changes to the development which shall
official in public or private. This provision shall preempt any other          require submission for a substantial deviation determination under
special act or general law to the contrary.                                    subsection (19).

 Section 10. Subsection (1) of section 166.231, Florida Statutes, is             6. Shall include a legal description of the property.
amended to read:                                                                 (18) BIENNIAL ANNUAL REPORTS.—The developer shall submit
                                                                               a biennial an annual report on the development of regional impact to the
  166.231 Municipalities; public service tax.—
                                                                               local government, the regional planning agency, the state land planning
  (1)(a) A municipality may levy a tax on the purchase of electricity,         agency, and all affected permit agencies in alternate years on the date
metered natural gas, liquefied petroleum gas either metered or bottled,        specified in the development order, unless the development order by its
manufactured gas either metered or bottled, and water service. Except          terms requires more frequent monitoring. If the annual report is not
for those municipalities to which paragraph (c) applies, the tax shall be      received, the regional planning agency or the state land planning agency
levied only upon purchases within the municipality and shall not exceed        shall notify the local government. If the local government does not
10 percent of the payments received by the seller of the taxable item          receive the annual report or receives notification that the regional
from the purchaser for the purchase of such service. Municipalities            planning agency or the state land planning agency has not received the
imposing a tax on the purchase of cable television service as of May 4,        report, the local government shall request in writing that the developer
1977, may continue to levy such tax to the extent necessary to meet all        submit the report within 30 days. The failure to submit the report after
obligations to or for the benefit of holders of bonds or certificates which    30 days shall result in the temporary suspension of the development
were issued prior to May 4, 1977. Purchase of electricity means the            order by the local government. If no additional development pursuant to
purchase of electric power by a person who will consume it within the          the development order has occurred since the submission of the previous
municipality.                                                                  report, then a letter from the developer stating that no development has
                                                                               occurred will satisfy the requirement for a report. Development orders
  (b) The tax imposed by paragraph (a) shall not be applied against            which require annual reports may be amended to require biennial reports
any fuel adjustment charge, and such charge shall be separately stated         at the option of the local government.
on each bill. The term “fuel adjustment charge” means all increases in
                                                                                 (24) STATUTORY EXEMPTIONS.—
the cost of utility services to the ultimate consumer resulting from an
increase in the cost of fuel to the utility subsequent to October 1, 1973.       (i) Any proposed facility for the storage of any petroleum product is
                                                                               exempt from the provisions of this section, if such facility is consistent
   (c) The tax imposed by paragraph (a) on water service may be applied
                                                                               with a comprehensive port master plan that is in compliance with s.
outside municipal boundaries to property included in a development of
                                                                               163.3178.
regional impact approved pursuant to s. 380.06, if agreed to in writing
by the developer of such property and the municipality prior to March 31,        (j) Any development located within a detailed specific area plan
2000. If a tax levied pursuant to this paragraph is challenged, recovery,      adopted pursuant to s. 163.3245 which is consistent with the detailed
if any, shall be limited to moneys paid into an escrow account of the clerk    specific area plan is exempt from the provisions of this section. Should s.
of the court subsequent to such challenge.                                     163.3245 be repealed, any approved development within a detailed
810                                 JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

specific area plan shall maintain this exemption. However, any              chapter 163, chapter 187, and chapter 186, Florida Statutes, and shall
development-of-regional-impact development order that is vested from        make recommendations for improving the state’s system for managing
the detailed specific area plan may be enforced under s. 380.11.            growth. It may also establish and appoint any necessary technical
                                                                            advisory committees. The commission is requested, to the extent
  Section 12. Paragraph (g) of subsection (3) of section 163.06, Florida    practicable, to specifically address and, if appropriate, make
Statutes, is amended to read:                                               recommendations for improving the growth-management system with
  163.06 Miami River Commission.—                                           respect to the following issues, including, but not limited to:

  (3) The policy committee shall have the following powers and duties:        (a) Identification of the goals and desired outcomes of state, regional,
                                                                            and local comprehensive planning.
  (g) Coordinate a joint planning area agreement between the
Department of Community Affairs, the city, and the county under the           (b) Identification of compelling state interests as part of the State
provisions of s. 163.3177(11)(a), (b), and (e)(c).                          Comprehensive Plan.

 Section 13. Subsection (4) of section 189.415, Florida Statutes, is          (c) Enforcement of local plan provisions.
amended to read:                                                              (d) The appropriate relationship between infrastructure funding and
  189.415 Special district public facilities report.—                       comprehensive planning.

  (4) Those special districts building, improving, or expanding public        (e) The appropriate role of the development-of-regional-impact
facilities addressed by a development order issued to the developer         process in the context of implementing local comprehensive planning.
pursuant to s. 380.06 may use the most recent biennial annual report          (f) The role and character of regional units of government and
required by s. 380.06(15) and (18) and submitted by the developer, to the   metropolitan planning organizations and their relationships to state and
extent the annual report provides the information required by               local governments.
subsection (2).
                                                                              (g) Methods of accomplishing intergovernmental coordination.
  Section 14. (1) The Grow Smart Florida Study Commission is
created. The commission shall be composed of 25 members, 10 of whom           (h) The relationship between local government comprehensive plans,
are to be appointed by the Governor, 7 of whom are to be appointed by the   annexations, and joint planning agreements between cities and counties.
President of the Senate, and 7 of whom are to be appointed by the Speaker
of the House of Representatives. In addition, the Secretary of the           (i) Assuring concurrency in an efficient, predictable, and reasonable
Department of Community Affairs shall serve as a voting member of the       manner.
commission and the secretaries of the Department of Environmental             (j) The content requirements for Evaluation and Appraisal Reports
Protection and the Department of Transportation and the Executive           and recommended procedures for their review by the Department of
Director of the Fish and Wildlife Conservation Commission shall serve       Community Affairs.
as ex-officio nonvoting members of the commission. The Governor’s
appointments must include two appointments from each of the following         (k) Review of the effectiveness of state pilot projects such as the
groups of interests:                                                        Sustainable Communities Program, Sector Planning, and Small-Scale
                                                                            Amendments.
  (a) Business interests including, but not limited to, development,
agriculture, real estate, and forestry/silviculture.                          (l) Citizen participation and challenges to local-government
                                                                            comprehensive plans, plan amendments, development orders, and land
  (b) Environmental interests including, but not limited to,                development regulations.
environmental justice groups, resource-based conservation and outdoor
conservation groups, and environmental quality and conservation               (m) State review and approval of local-government comprehensive
groups.                                                                     plan amendments.

  (c) Community participants including, but not limited to, citizen           (n) The process of appealing development order and comprehensive
groups, not-for-profit community associations, citizen planners, and        plan amendment decisions, including the appropriate role of the
affordable housing groups.                                                  Governor and Cabinet.

  (d) Local and regional governments including, but not limited to,           (o) Development of a growth management rural policy.
municipalities, counties, special districts, metropolitan planning
organizations, and regional planning councils.                                (4) At least six public hearings must be held by the commission in
                                                                            different regions of the state to solicit input from the public on how they
  (e) Growth management and planning specialists including, but not         want the state, regional agencies, and their municipalities and counties
limited to, professional planners, attorneys, engineers, and architects.    to manage growth.

The Senate President and the Speaker of the House of Representatives          (5) The commission shall, by February 1, 2001, provide to the
shall each select one appointment from each of the five categories listed   President of the Senate, the Speaker of the House of Representatives, and
above and shall also appoint two members from their respective houses       the Governor a written report containing specific recommendations,
of the Legislature to serve on the commission. The appointments must be     including legislative recommendations, for improving the state’s ability
made by July 1, 2000, and the first meeting of the commission shall be      to better manage Florida’s growth in the Twenty-First Century.
held no later than August 1, 2000. The chairman of the commission shall
be elected by the majority of the membership at its first meeting. Any        (6) Commission members, and the members of any technical advisory
vacancy occurring in the membership of the commission is to be filled in    committee that is appointed, shall not receive remuneration for their
the same manner as the original appointment.                                services, but members other than public officers and employees shall be
                                                                            entitled to be reimbursed by the Department of Community Affairs for
   (2) The members of the commission are entitled to one vote, and          travel or per diem expenses in accordance with chapter 112, Florida
action of the commission is not binding unless taken by a two-thirds vote   Statutes. Public officers and employees shall be reimbursed by their
of the members present. However, action of the commission may be taken      respective agencies in accordance with chapter 112, Florida Statutes.
only at a meeting at which a majority of the commission members are
present.                                                                      (7) An executive director must be selected by the Governor, subject to
                                                                            the approval of the commission. The executive director serves at the
  (3) The commission shall review the operation and implementation          pleasure of and reports to the commission. The Department of
of Florida’s growth-management statutes, including chapter 380,             Community Affairs shall provide other staff and consultants after
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                          811

consultation with the commission. Funding for these expenses will be           conforming language; creating s. 166.0498, F.S.; providing for the right
provided through the Department of Community Affairs. The                      of citizens to petition elected officials in public or private; amending s.
commission shall receive supplemental financial and other assistance           166.231, F.S.; authorizing application of the municipal public service tax
from other agencies under the Governor’s direct supervision and such           on water service to property in a development of regional impact outside
additional assistance as is appropriate from the Executive Office of the       of municipal boundaries under certain conditions; limiting recovery if
Governor.                                                                      such tax is challenged; amending s. 380.06, F.S., relating to
  (8) All agencies under the control of the Governor are directed, and         developments of regional impact; providing for submission of biennial,
all other agencies are requested, to render assistance and cooperation to      rather than annual, reports by the developer; authorizing submission of
the commission.                                                                a letter, rather than a report, under certain circumstances; providing for
                                                                               amendment of development orders with respect to report frequency;
  (9) The commission shall continue in existence until its objectives are      exempting petroleum storage facilities from development-of-regional-
achieved, but not later than February 1, 2001.
                                                                               impact review under certain circumstances; providing for maintenance
  Section 15. The sum of $250,000 is appropriated from the General             of the exemption from development-of-regional-impact review for
Revenue Fund to the Department of Community Affairs’ Division of               developments under s. 163.3245, F.S., relating to optional sector plans,
Community Planning Grants and Donations Trust Fund to implement                if said section is repealed; amending ss. 163.06 and 189.415, F.S.;
the provisions of this act.                                                    correcting cross references, to conform; creating the Grow Smart Florida
                                                                               Study Commission; providing for appointment and qualifications of
  Section 16. If any provision of this act or the application thereof to
                                                                               members; providing the commission’s duties; requiring a report;
any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be given effect          providing an appropriation; providing for severability; providing an
without the invalid provision or application, and to this end the              effective date.
provisions of this act are declared severable.
                                                                                 Rep. Henriquez moved the adoption of the substitute amendment.
  Section 17. This act shall take effect upon becoming a law.
                                                                                 Rep. L. Miller suggested the absence of a quorum. A quorum was
And the title is amended as follows:                                           present.
  On page 1, line 2 through page 6, line 12                                     The question recurred on the adoption of Substitute Amendment 1,
remove from the title of the bill: all of said lines                           which failed of adoption. The vote was:
and insert in lieu thereof: An act relating to growth management;
                                                                               Session Vote Sequence: 265
creating s. 125.595, F.S.; providing for the right of citizens to petition
elected officials in public or private; amending s. 163.2517, F.S.; revising   Yeas—42
the financial incentives which a local government may offer in an urban
infill and redevelopment area which relate to exemption from local             Ball              Effman                    Kosmas        Ryan
option sales surtaxes and waiver of delinquent taxes or fees; providing        Bloom             Frankel                   Lawson        Smith, C.
that, in order to be eligible for the exemption from collecting local option   Boyd              Gottlieb                  Lee           Sobel
sales surtaxes, a business must submit an application under oath to the        Brown             Greene, A.                Levine        Stafford
local government, which must be approved and submitted to the                  Bucher            Greenstein                Logan         Stansel
Department of Revenue; amending s. 212.08, F.S.; specifying that the
                                                                               Bullard           Hafner                    Miller, L.    Suarez
authority of a local government to adopt financial and local government
incentives under s. 163.2517, F.S., is not superseded by certain               Bush              Hart                      Morroni       Turnbull
provisions relating to sales tax exemptions; amending s. 163.2523, F.S.;       Chestnut          Henriquez                 Rayson        Wasserman Schultz
authorizing transfer of unused funds between grant categories under            Cosgrove          Heyman                    Reddick       Wiles
the Urban Infill and Redevelopment Assistance Grant Program;                   Crist             Hill                      Ritchie
amending s. 163.3177, F.S.; providing that an agricultural land use            Edwards           Jacobs                    Ritter
category may be eligible for the location of public schools in a local
government comprehensive plan under certain conditions; specifying             Nays—68
lands that are appropriate for innovative planning and development
                                                                               The Chair         Casey                     Johnson       Prieguez
strategies; requiring a report on a program for implementing such
strategies; providing for coordination with the Grow Smart Florida             Albright          Constantine               Jones         Pruitt
Study Commission; F.S.; correcting a reference; amending s. 163.3184,          Alexander         Crady                     Kelly         Putnam
F.S.; providing additional agencies to which a local government must           Andrews           Crow                      Kilmer        Rojas
transmit a proposed comprehensive plan or plan amendment; removing             Argenio           Detert                    Kyle          Rubio
provisions relating to transmittal of copies by the state land planning        Argenziano        Diaz de la Portilla, R.   Lacasa        Russell
agency; providing that a local government may request review by the            Arnall            Dockery                   Littlefield   Sanderson
state land planning agency at the time of transmittal of an amendment;         Bainter           Fasano                    Lynn          Sembler
revising time periods with respect to submission of comments to the            Barreiro          Feeney                    Maygarden     Smith, K.
agency by other agencies, notice by the agency of its intent to review,
                                                                               Bense             Fiorentino                Melvin        Sorensen
and issuance by the agency of its report; providing for priority review of
certain amendments; clarifying language; providing for compilation and         Bilirakis         Flanagan                  Merchant      Spratt
transmittal by the local government of a list of persons who will receive      Bitner            Futch                     Miller, J.    Sublette
an informational statement concerning the agency’s notice of intent to         Bradley           Gay                       Minton        Trovillion
find a plan or plan amendment in compliance or not in compliance;              Bronson           Goode                     Murman        Tullis
providing for rules; revising requirements relating to publication by the      Brummer           Goodlette                 Patterson     Villalobos
agency of its notice of intent; deleting a requirement that the notice be      Byrd              Green, C.                 Peaden        Wallace
sent to certain persons; amending s. 163.3187, F.S.; providing that            Cantens           Harrington                Posey         Wise
certain amendments that involve affordable housing in certain areas of
critical state concern are eligible under certain circumstances; removing       The question recurred on the adoption of Amendment 1, as amended,
a provision that allows a local government to elect to have such               which was adopted.
amendments subject to review under s. 163.3184(3)-(6), F.S.; amending
s. 163.3245, F.S., relating to optional sector plans; clarifying and             Under Rule 121(b), the bill was referred to the Engrossing Clerk.
812                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

 On motion by Rep. Pruitt, the rules were suspended and the House              On page 1, line 3, after the word “to”,
moved to the order of—
                                                                             insert: fly the POW/MIA flag and
Motions Relating to Committee References                                       Rep. Morroni moved the adoption of the amendment, which was
  On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 141 and        adopted.
161; CS/HB 255; CS/HB 1849; and HB 2143 were withdrawn from the                Under Rule 121(b), the bill was referred to the Engrossing Clerk.
Committee on General Government Appropriations and placed on the
appropriate Calendar.                                                          HB 1861—A bill to be entitled An act relating to military affairs;
                                                                             creating s. 250.115, F.S.; providing for the organization and operation of
 On motion by Rep. Pruitt, agreed to by two-thirds vote, CS/HB 1857
                                                                             a direct-support organization for the Department of Military Affairs and
was withdrawn from the Committee on Transportation & Economic
                                                                             the Florida National Guard; providing definitions; providing for a board
Development Appropriations and placed on the appropriate Calendar.
                                                                             of directors; providing for the use of property, facilities, and personal
Recessed                                                                     services of the Department of Military Affairs by the direct-support
                                                                             organization; providing restrictions; providing for submission of annual
  On motion by Rep. Arnall, the House recessed at 12:58 p.m., to             budgets and reports; providing for annual audit; providing an effective
reconvene at 1:30 p.m. today.                                                date.

Reconvened                                                                     —was read the second time by title and, under Rule 121(b), referred
                                                                             to the Engrossing Clerk.
 The House was called to order by the Speaker at 1:30 p.m. A quorum
was present.                                                                   HB 2105—A bill to be entitled An act relating to high school diplomas;
                                                                             amending s. 232.246, F.S.; providing for the award of a high school
Motions Relating to Committee References                                     diploma to certain honorably discharged World War II veterans;
                                                                             providing an effective date.
  On motion by Rep. Pruitt, agreed to by two-thirds vote, CS/HBs 67 &
187 was withdrawn from the Committee on General Appropriations and             —was read the second time by title and, under Rule 121(b), referred
placed on the appropriate Calendar.                                          to the Engrossing Clerk.

Continuation of Special Orders                                                  HB 1559—A bill to be entitled An act relating to Seminole Water
                                                                             Control District, Palm Beach County; codifying and reenacting
Bills for Consideration at a Time Certain                                    provisions of chapters 70-854 and 88-504, Laws of Florida; providing for
                                                                             codification of special acts relating to Seminole Water Control District,
  CS/HBs 299 & 231—A bill to be entitled An act relating to the
                                                                             a special tax district created pursuant to chapter 70-854, Laws of
National World War II Memorial; providing an appropriation to help
                                                                             Florida, as amended, pursuant to s. 189.429, F.S.; providing that the
fund the construction of the National World War II Memorial; providing
                                                                             name of the District shall be the Seminole Improvement District;
an effective date.
                                                                             providing for legislative intent; providing for applicability of chapter
  —was read the second time by title.                                        298, F.S., and other general laws; providing additional authority
                                                                             relating to the provision of public infrastructure, services, assessment,
  The Committee on Health & Human Services Appropriations offered            levy and collection of taxes, non-ad valorem assessments and fees, public
the following:                                                               finance, and District operations; providing powers of the District;
                                                                             providing for compliance with county plans and regulations; providing
(Amendment Bar Code: 075109)
                                                                             for election of a Board of Supervisors; providing for organization,
  Amendment 1—On page 2, lines 15 through 16,                                powers, duties, terms of office, and compensation of the board; providing
remove from the bill: all of said lines                                      for levy of ad valorem taxes and non-ad valorem assessments; providing
                                                                             for costs; requiring referendums under specified circumstances;
and insert in lieu thereof: Section 1. Pursuant to the fiscal year 2000-     providing for collection, enforcement, and penalties; providing for
2001 General Appropriations Act, the American Battle Monuments               issuance of revenue bonds, assessment bonds, and bond anticipation
Commission shall receive the                                                 notes; providing for general obligation bonds; providing a District
                                                                             charter; providing for repeal of prior special acts related to the Seminole
  Rep. Maygarden moved the adoption of the amendment, which was
adopted.                                                                     Water Control District; providing severability; providing that this act
                                                                             shall take precedence over any conflicting law to the extent of such
  Under Rule 121(b), the bill was referred to the Engrossing Clerk.          conflict; providing an effective date.

  HB 1019—A bill to be entitled An act relating to rest areas; directing       —was read the second time by title.
the Department of Transportation to erect appropriate markers
honoring POW’s and MIA’s; providing an effective date.                         The Committee on Community Affairs offered the following:

  —was read the second time by title.                                        (Amendment Bar Code: 573233)

  The Committee on Transportation offered the following:                       Amendment 1—On page 9, lines 16 through 18,
                                                                             remove from the bill: all of said lines
(Amendment Bar Code: 084257)
                                                                             and insert in lieu thereof: Seminole Improvement District shall be
  Amendment 1 (with title amendment)—On page 1, between lines                residents of the State of Florida and citizens of the United States. In case
25 and 26 of the bill                                                        of
insert:                                                                        Rep. A. Greene moved the adoption of the amendment, which was
                                                                             adopted.
   Section 1. The Department of Transportation shall fly the POW/MIA
flag year round at each rest area along interstate highways in this state.     Under Rule 121(b), the bill was referred to the Engrossing Clerk.
(Renumber subsequent sections)
                                                                               On motion by Rep. Constantine, CS/CS/HB 221 was temporarily
And the title is amended as follows:                                         postponed under Rule 141 and the second reading nullified.
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       813

  On motion by Rep. Constantine, HB 1957 was temporarily postponed            administered by the Department of Health; providing department
under Rule 141.                                                               duties and responsibilities; authorizing appointment of an advisory
                                                                              committee; creating s. 381.7354, F.S.; providing eligibility for grant
   CS/HB 2339—A bill to be entitled An act relating to comprehensive          awards; creating s. 381.7355, F.S.; providing project requirements, an
health care; providing a short title; amending s. 400.471, F.S.; deleting     application process, and review criteria; creating s. 381.7356, F.S.;
the certificate-of-need requirement for licensure of Medicare-certified       providing for Closing the Gap grant awards; providing for local
home health agencies; amending s. 408.032, F.S.; adding definitions of        matching funds; providing factors for determination of the amount of
“exemption” and “mental health services”; deleting the definitions of         grant awards; providing for award of grants to begin by a specified date,
“home health agency,” “institutional health service,” “intermediate care      subject to specific appropriation; providing for annual renewal of grants;
facility,” “multifacility project,” and “respite care”; revising the          creating the Florida Commission on Excellence in Health Care;
definition of “health services”; amending s. 408.033, F.S.; deleting          providing legislative findings and intent; providing definitions;
references to the state health plan; amending s. 408.034, F.S.; deleting      providing duties and responsibilities; providing for membership,
a reference to licensing of home health agencies by the Agency for            organization, meetings, procedures, and staff; providing for
Health Care Administration; amending s. 408.035, F.S.; deleting               reimbursement of travel and related expenses of certain members;
obsolete certificate-of-need review criteria and revising other criteria;     providing certain evidentiary prohibitions; requiring a report to the
amending s. 408.036, F.S.; revising provisions relating to projects           Governor, the President of the Senate, and the Speaker of the House of
subject to review; deleting references to Medicare-certified home health      Representatives; providing for termination of the commission;
agencies; deleting the review of certain acquisitions; specifying the types   amending s. 408.7056, F.S.; providing additional definitions for the
of bed increases subject to review; deleting cost overruns from review;       Statewide Provider and Subscriber Assistance Program; amending s.
deleting review of combinations or division of nursing home certificates      627.654, F.S.; providing for insuring small employers under policies
of need; providing for expedited review of certain conversions of licensed    issued to small employer health alliances; providing requirements for
hospital beds; deleting the requirement for an exemption for initiation       participation; providing limitations; providing for insuring spouses and
or expansion of obstetric services, provision of respite care services,       dependent children; allowing a single master policy to include
establishment of a Medicare-certified home health agency, or provision        alternative health plans; amending s. 627.6571, F.S.; including small
of a health service exclusively on an outpatient basis; providing             employer health alliances within policy nonrenewal or discontinuance,
exemptions for combinations or divisions of nursing home certificates of      coverage modification, and application provisions; amending s.
need and additions of certain hospital beds and nursing home beds             627.6699, F.S.; revising restrictions relating to premium rates to
within specified limitations; providing exemptions for the addition of        authorize small employer carriers to modify rates under certain
temporary acute care beds in certain hospitals and for the establishment      circumstances and to authorize carriers to issue group health insurance
of certain types of specialty hospitals through transfer of beds and          policies to small employer health alliances under certain circumstances;
services from certain existing hospitals; requiring a fee for each request    requiring carriers issuing a policy to an alliance to allow appointed
for exemption; amending s. 408.037, F.S.; deleting reference to the state     agents to sell such a policy; amending ss. 240.2995, 240.2996, 240.512,
health plan; amending ss. 408.038, 408.039, 408.044, and 408.045, F.S.;       381.0406, 395.3035, and 627.4301, F.S.; conforming cross references;
replacing “department” with “agency”; clarifying the opportunity to           defining the term “managed care”; creating s. 641.185, F.S.; providing
challenge an intended award of a certificate of need; amending s.             health maintenance organization subscriber protections; specifying the
408.040, F.S.; deleting an obsolete reference; revising the format of         principles to serve as standards for the Department of Insurance and
conditions related to Medicaid; creating a certificate-of-need workgroup      the Agency for Health Care Administration exercising their duties and
within the Agency for Health Care Administration; providing for               responsibilities; requiring that a health maintenance organization
expenses; providing membership, duties, and meetings; requiring               observe certain standards in providing health care for subscribers;
reports; providing for termination; amending s. 651.118, F.S.; excluding      providing for subscribers to receive quality care from a broad panel of
a specified number of beds from a time limit imposed on extension of          providers, referrals, preventive care, emergency screening services, and
authorization for continuing care residential community providers to          second opinions; providing for assurance of independent accreditation
use sheltered beds for nonresidents; requiring a facility to report such      by a national review organization and financial security of the
use after the expiration of the extension; amending s. 395.701, F.S.;         organization; providing for continuity of health care; providing for
reducing the annual assessment on hospitals to fund public medical            timely, concise information regarding reimbursement to providers and
assistance; providing for contingent effect; amending s. 395.7015, F.S.;      services; providing for flexibility to transfer to another health
reducing the annual assessment on certain health care entities;               maintenance organization within the state; providing for eligibility
amending s. 408.904, F.S.; increasing certain benefits for hospital           without discrimination based on health status; providing requirements
outpatient services; amending s. 409.912, F.S.; providing for a contract      for health maintenance organizations that issue group health contracts
with reimbursement of an entity in Pasco or Pinellas County that              relating to preexisting conditions, contract renewability, cancellation,
provides in-home physician services to Medicaid recipients with               extension, termination, and conversion; providing for timely, urgent
degenerative neurological diseases; providing for future repeal;              grievances and appeals within the organization; providing for timely
providing appropriations; providing for effect of amendments to ss.           and urgent review of grievances and appeals by an independent state
395.701 and 395.7015, F.S., contingent on a federal waiver; providing for     external review agency; providing for notice of rate changes; providing
the transfer of certain unexpended Medicaid funds from the Department         for information regarding contract provisions, services, medical
of Elderly Affairs to the Agency for Health Care Administration;              conditions, providers, and service delivery; providing that no civil cause
amending ss. 641.31, 641.315, and 641.3155, F.S.; prohibiting a health        of action is created; amending s. 641.511, F.S.; requiring posting of
maintenance organization from restricting a provider’s ability to provide     certain consumer assistance notices; providing requirements; amending
inpatient hospital services to a subscriber; requiring payment for            s. 627.6699, F.S.; revising a definition; requiring small employer
medically necessary inpatient hospital services; providing applicability;     carriers to begin to offer and issue all small employer benefit plans on
amending s. 641.51, F.S.; relating to quality assurance program               a specified date; deleting a requirement that basic and standard small
requirements for certain managed care organizations; allowing the             employer health benefit plans be issued; providing additional
rendering of adverse determinations by physicians licensed in any state;      requirements for determining premium rates for benefit plans;
requiring the submission of facts and documentation pertaining to             providing for application to plans provided by certain small employer
rendered adverse determinations; providing timeframe for                      carriers under certain circumstances; amending s. 409.212, F.S.;
organizations to submit facts and documentation to providers and              providing for periodic increase in the optional state supplementation
subscribers in writing; requiring an authorized representative to sign        rate; amending s. 409.901, F.S.; amending definitions of terms used in
the notification; creating s. 381.7351, F.S.; creating the “Reducing          ss. 409.910-409.920, F.S.; amending s. 409.902, F.S.; providing that the
Racial and Ethnic Health Disparities: Closing the Gap Act”; creating s.       Department of Children and Family Services is responsible for Medicaid
381.7352, F.S.; providing legislative findings and intent; creating s.        eligibility determinations; amending s. 409.903, F.S.; providing
381.7353, F.S.; providing for the creation of the Reducing Racial and         responsibility for determinations of eligibility for payments for medical
Ethnic Health Disparities: Closing the Gap grant program, to be               assistance and related services; amending s. 409.905, F.S.; increasing
814                                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                 April 26, 2000

the maximum amount that may be paid under Medicaid for hospital                 Under Rule 121(b), the bill was referred to the Engrossing Clerk.
outpatient services; amending s. 409.906, F.S.; allowing the Department
of Children and Family Services to transfer funds to the Agency for           Consideration of HR 9135
Health Care Administration to cover state match requirements as
specified; amending s. 409.907, F.S.; specifying bonding requirements           On motion by Rep. Arnall, Chair of the Committee on Rules &
for providers; specifying grounds on which provider applications may be       Calendar, the rules were suspended and HR 9135 was allowed for
denied; amending s. 409.908, F.S.; increasing the maximum amount of           introduction and consideration.
reimbursement allowable to Medicaid providers for hospital inpatient            By Representative Thrasher—
care; creating s. 409.9119, F.S.; creating a disproportionate share
program for children’s hospitals; providing formulas governing                  HR 9135—A resolution honoring Gerold L. Schiebler, M.D.
payments made to hospitals under the program; providing for
withholding payments from a hospital that is not complying with agency          WHEREAS, Associate Vice President for Health Affairs for External
rules; amending s. 409.919, F.S.; providing for the adoption and the          Relations of the College of Medicine of the University of Florida since
transfer of certain rules relating to the determination of Medicaid           1985, Gerold L. Schiebler, M.D., serves as medical director of Children’s
eligibility; authorizing developmental research schools to participate in     Medical Services for Districts III and XIII, and
Medicaid certified school match program; providing for the Agency for
Health Care Administration to seek a federal waiver allowing the                 WHEREAS, having earned his degree from Harvard Medical School
agency to undertake a pilot project that involves contracting with skilled    in 1954, Dr. Schiebler has been a faculty member of the Department of
nursing facilities for the provision of rehabilitation services to adult      Pediatrics at the University of Florida since 1960, served as chairman
ventilator dependent patients; providing for evaluation of the pilot          of the department from 1968 through 1985, and, in 1992, was honored
program; repealing s. 400.464(3), F.S., relating to home health agency        as a Distinguished Service Professor of the department, and
licenses provided to certificate-of-need exempt entities; repealing ss.
                                                                                WHEREAS, in addition to his service as medical director of Children’s
408.70(3), 408.701, 408.702, 408.703, 408.704, 408.7041, 408.7042,
                                                                              Medical Services in Districts III and XIII, Dr. Schiebler has served as
408.7045, 408.7055, and 408.706, F.S., relating to community health
                                                                              president of the Florida Medical Association, and as president of the
purchasing alliances; repealing s. 409.912(4)(b), F.S., relating to the
authorization of the agency to contract with certain prepaid health care      Florida affiliate of the American Heart Association, and
services providers; providing appropriations; reducing certain allocation       WHEREAS, the recipient of awards too numerous to set forth in their
of positions and funds; providing effective dates.                            entirety, Dr. Schiebler has the distinction of being the only individual to
  —was read the second time by title.                                         receive both the Abraham Jacobi Award and the Doctor Benjamin Rush
                                                                              Award during any one year, has had an Eminent Scholar’s Chair in
  Rep. Bloom moved that the closed-bill rule be suspended to permit           Pediatric Cardiology named for him at the University of Florida, and
consideration of an amendment.                                                has had the Gerold L. Schiebler Lectureship established in his honor,
                                                                              and
  Rep. L. Miller suggested the absence of a quorum. A quorum was
present.                                                                        WHEREAS, Dr. Schiebler has been honored by resolution of the State
                                                                              Legislature for outstanding accomplishments as an advocate of
  The question recurred on the motion by Rep. Bloom to suspend the
                                                                              improved child health services, and, in 1990, a bill was enacted
closed-bill rule to permit consideration of an amendment, which was not
                                                                              designating the Children’s Medical Services Clinic Building as the
agreed to. The vote was:
                                                                              “Gerold L. Schiebler Children’s Medical Services Center,” and
Session Vote Sequence: 268
                                                                                WHEREAS, the presentation of the Governor’s Heartland Award to
Yeas—36                                                                       Dr. and Mrs. Schiebler by then-Governor and Mrs. Lawton Chiles and
                                                                              the more recent Proclamation by Governor Jeb Bush naming him the
Betancourt        Frankel                   Kosmas        Ryan                Children’s Medical Services Pediatrician of the Decade are but further
Bloom             Gottlieb                  Lawson        Smith, C.           evidence of the high regard in which Dr. Schiebler is held, NOW,
Brown             Greene, A.                Lee           Sobel               THEREFORE,
Bucher            Greenstein                Levine        Stafford
Bullard           Hafner                    Miller, L.    Stansel             Be It Resolved by the House of Representatives of the State of Florida:
Bush              Henriquez                 Rayson        Suarez
                                                                                That the Florida House of Representatives pauses in its deliberations
Chestnut          Heyman                    Reddick       Turnbull
                                                                              to honor the distinguished Gerold L. Schiebler, M.D., for his outstanding
Cosgrove          Hill                      Ritchie       Wasserman Schultz
                                                                              accomplishments and invaluable contributions as an advocate for
Effman            Jacobs                    Ritter        Wiles
                                                                              children of all ages in the State of Florida and to wish him unlimited
Nays—70                                                                       success in his future endeavors.

The Chair         Constantine               Harrington    Posey                 BE IT FURTHER RESOLVED that a copy of this resolution be
Albright          Crady                     Hart          Prieguez            presented to Dr. Gerold L. Schiebler as a tangible token of the
Alexander         Crist                     Jones         Pruitt              sentiments expressed herein.
Andrews           Crow                      Kelly         Putnam
Argenio           Detert                    Kilmer        Roberts               —was taken up instanter and read the first time by title. The rules
                                                                              were suspended and the resolution was read the second time in full and
Argenziano        Diaz de la Portilla, R.   Kyle          Rubio
                                                                              adopted.
Arnall            Dockery                   Littlefield   Russell
Bainter           Farkas                    Lynn          Sembler               On motion by Rep. Casey, the board was opened and the following
Ball              Fasano                    Maygarden     Smith, K.           Members were recorded as cosponsors of the resolution, along with Rep.
Barreiro          Feeney                    Melvin        Sorensen            Thrasher: Reps. Albright, Alexander, Andrews, Argenio, Argenziano,
Bense             Fiorentino                Merchant      Spratt              Arnall, Bainter, Ball, Barreiro, Bense, Betancourt, Bilirakis, Bitner,
Bilirakis         Flanagan                  Miller, J.    Starks              Bloom, Boyd, Bradley, Bronson, Brown, Brummer, Bucher, Bullard,
Bitner            Fuller                    Minton        Sublette            Bush, Byrd, Cantens, Casey, Chestnut, Constantine, Cosgrove, Crady,
Boyd              Futch                     Morroni       Trovillion          Crist, Crow, Detert, R. Diaz de la Portilla, Dockery, Edwards, Effman,
Bronson           Gay                       Murman        Villalobos          Eggelletion, Farkas, Fasano, Feeney, Fiorentino, Flanagan, Frankel,
Brummer           Goode                     Ogles         Wallace             Fuller, Futch, Garcia, Gay, Goode, Goodlette, Gottlieb, C. Green,
Byrd              Goodlette                 Patterson                         A. Greene, Greenstein, Hafner, Harrington, Hart, Henriquez, Heyman,
Casey             Green, C.                 Peaden                            Hill, Jacobs, Johnson, Jones, Kelly, Kilmer, Kosmas, Kyle, Lacasa,
April 26, 2000                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                          815

Lawson, Lee, Levine, Littlefield, Logan, Lynn, Maygarden, Melvin,                receivership; amending ss. 20.43, 39.001, 39.0015, 39.01, 39.201, 39.302,
Merchant, J. Miller, L. Miller, Minton, Morroni, Murman, Ogles,                  216.136, 381.0072, 383.14, 393.064, 393.13, 394.462, 394.4674, 394.67,
Patterson, Peaden, Posey, Prieguez, Pruitt, Putnam, Rayson, Reddick,             394.75, 397.311, 397.321, 397.821, 397.901, 400.435, 402.17, 402.3015,
Ritchie, Ritter, Roberts, Rojas, Rubio, Russell, Ryan, Sanderson,                402.40, 402.47, 409.152, 409.1673, 410.0245, 411.01, 411.223, 411.224,
Sembler, C. Smith, K. Smith, Sobel, Sorensen, Spratt, Stafford, Stansel,         414.028, 414.105, 414.36, 916.107, 985.223, and 985.413, F.S.; providing
Starks, Suarez, Sublette, Trovillion, Tullis, Turnbull, Villalobos,              changes to conform with the provisions of the act; repealing s.
Wallace, Wasserman Schultz, Wiles, and Wise.                                     402.185(2), F.S., relating to funding for staff of the Office of Standards
                                                                                 and Evaluation of the department; repealing s. 409.152(6), F.S., relating
  The Speaker presented Dr. Gerold L. Schiebler, who was seated in the           to designation of family preservation programs by the health and
gallery with friends and family members. Several Members and the                 human services boards; providing a directive to the statute editors to
Speaker spoke in honor of Dr. Schiebler.                                         conform terminology; providing an effective date.

Recessed                                                                           —was read the second time by title.

  On motion by Rep. L. Miller, the House stood in informal recess at
                                                                                 REPRESENTATIVE GAY IN THE CHAIR
3:12 p.m.
                                                                                   The Committee on Health & Human Services Appropriations offered
Reconvened                                                                       the following:
 The House was called to order by the Speaker at 3:19 p.m. A quorum              (Amendment Bar Code: 712829)
was present.
                                                                                   Amendment 1—On page 17, line 9 after the period, of the bill
Continuation of Special Orders
                                                                                 insert: No member of the Family Care Council shall be an employee of,
  HB 2125—A bill to be entitled An act relating to the Department of             or contract provider to, the program in the department to which it makes
Children and Family Services; amending s. 20.04, F.S.; providing for             recommendations.
program offices to be headed by program directors rather than assistant            Rep. Murman moved the adoption of the amendment, which was
secretaries; amending s. 20.19, F.S.; revising mission and purpose of the        adopted.
department; providing duties and responsibilities of the secretary,
deputy secretary, and program directors; providing for program offices             The Committee on Health & Human Services Appropriations offered
and support offices; providing for local services, service districts, district   the following:
administrators, and community alliances; providing certain budget
transfer authority; providing for operation of a prototype region;               (Amendment Bar Code: 865355)
providing for contracts with lead agencies; providing for consultation              Amendment 2 (with title amendment)—On page 76, between
with counties on mandated programs; requiring a report; amending s.              lines 7 and 8
39.3065, F.S.; providing for the sheriff in any county to provide child
protective investigative services; requiring individuals providing such          insert:
services to complete protective investigation training; providing for
                                                                                   Section 1. Section 394.47866, Florida Statutes, is created to read:
funding; providing for performance evaluation; requiring annual reports
to the department; providing for program performance evaluation;                   394.47866 State Hospital privatization.—
amending ss. 393.502 and 393.503, F.S.; providing for appointment of
family care councils by the Governor; deleting references to health and            (1) The Department of Children and Family Services shall privatize
human services boards; creating s. 402.73, F.S.; providing contracting           a state hospital. The department shall plan to begin implementation of
and performance standards for contracted client services; providing              this privatization initiative by October 1, 2000.
conditions for competitive procurement; providing for procurement and
                                                                                    (a) Notwithstanding s. 287.057(12), the department shall enter into
contract for services that involve multiple providers; providing
                                                                                 agreements, not to exceed 20 years, with a private provider or coalition
requirements relating to matching contributions; providing for
                                                                                 of providers, to finance, design, and construct a treatment facility having
independent contract for assessment and case management services;
                                                                                 at least 200 beds and to operate all aspects of daily operations within the
providing for penalties; requiring certain notice; providing for standards
                                                                                 facility. The department shall enter into contracts with the successful
of conduct and disciplinary actions with respect to department
                                                                                 provider to commence full operations of the existing hospital by no later
employees carrying out contracting responsibilities; providing
                                                                                 than February 1, 2001. The department may subcontract all components
requirements relating to the developmental services Medicaid waiver
                                                                                 of this procurement to a statutorily established governmental entity that
service system; requiring a report; providing for cancellation of provider
                                                                                 has successfully contracted with private companies for designing,
contracts; restricting new contracts with canceled providers; providing
                                                                                 financing, acquiring, leasing, constructing, and operating major
for liens against facility properties; providing for performance-based
                                                                                 privatized state facilities.
incentives; creating s. 402.731, F.S.; authorizing certification programs
for department employees and service providers; providing rulemaking                (b) The selected contractor is authorized to sponsor the issuance of
authority; requiring employment programs for staff to facilitate                 tax-exempt bonds, certificates of participation, or other securities to
transition to privatized community-based care; requiring contracts for           finance the project, and the state is authorized to enter into a lease-
outpatient services; authorizing certain time-limited exempt positions;          purchase agreement for the treatment facility.
amending s. 409.1671, F.S., relating to foster care and related services;
deleting provisions relating to a statewide privatization plan; deleting           (2) The contractor shall operate the state hospital as a mental health
requirement that excess earnings be distributed to all entities                  treatment facility that serves voluntarily and involuntarily committed
contributing to the excess; providing for the designation of more than           indigent adults who reside in the state hospital service area.
one eligible lead community-based provider within a single county                  (a) The state hospital shall remain a participant in the mental health
under certain circumstances; providing the establishment of a risk pool          disproportionate share program so long as the residents receive eligible
to reduce financial risk to community-based providers; providing for any         services.
excess earnings to be distributed to all entities contributing to the
excess; creating s. 409.1675, F.S.; providing conditions and procedures            (b) The department and the contractor shall ensure that the
for placing a lead community-based provider in receivership; providing           treatment facility is operated as a part of a total continuum of care for
for notice and hearing; providing powers and duties of a receiver;               persons who are mentally ill. The contractor shall have as its primary
providing for compensation; providing liability; requiring a receiver to         goal for the treatment facility to effectively treat and assist residents to
post a bond under certain circumstances; providing for termination of            return to the community as quickly as possible.
816                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                         April 26, 2000

  (3)(a) State hospital employees who are affected by the privatization           Rep. Murman moved the adoption of the substitute amendment.
shall be given first preference for continued employment by the
contractor. The department shall make reasonable efforts to find suitable         On motion by Rep. Murman, further consideration of HB 2125, with
job placements for employees who wish to remain within the state Career         pending amendments, was temporarily postponed under Rule 141.
Service System.
                                                                                  On motion by Rep. Murman, HB 2245 was temporarily postponed
  (b) Any savings that result from the privatization of the state hospital      under Rule 141 and the second reading nullified.
shall be directed to the department’s service districts in that hospital’s
catchment area for the delivery of community mental health services.            REPRESENTATIVE CRADY IN THE CHAIR
  Section 2. Other contracted mental health treatment facilities at G.            CS/CS/HB 1891—A bill to be entitled An act relating to electronic
Pierce Wood Hospital.—Upon completion of a sexually violent predator            commerce; providing a short title; providing definitions; providing scope;
treatment facility on the grounds of G. Pierce Wood Hospital, the Martin        providing for prospective application; providing for use of electronic
County sexually violent predator treatment and retaining program shall          records and signatures; providing for variation by agreement among
be phased out, to be completely closed within 1 year.
                                                                                parties using electronic records and electronic signatures; providing
And the title is amended as follows:                                            construction and application; providing for uniformity; providing for
                                                                                legal recognition of electronic records, signatures, and contracts;
  On page 4, line 1 after the semicolon                                         providing for provision of information in writing; providing for
                                                                                presentation of records; providing for attribution and effect of electronic
insert: creating s. 394.47866, F.S.; requiring the privatization of a
state hospital; providing procedures; requiring a 20-year agreement             records and electronic signatures; providing for the effect of changes or
between the department and provider; to construct and operate at least          errors in electronic records; providing for notarization and
a 200-bed facility; requiring state employees be given first preference for     acknowledgment; providing for retention of electronic records and
employment; requiring savings to be distributed to certain community            originals; providing for admissibility of electronic records as evidence;
mental health providers; requiring the phase out of a sexually violent          providing for rules applying to automated transactions; providing for
predator facility at G. Pierce Wood;                                            time and place of sending and receiving electronic records and
                                                                                signatures; providing for transferable records; providing for creation
  Rep. Murman moved the adoption of the amendment.                              and retention of electronic records by governmental agencies; providing
                                                                                for conversion of written records by governmental agencies; providing
  Representative(s) Murman offered the following:
                                                                                for acceptance and distribution of electronic records by governmental
(Amendment Bar Code: 404949)                                                    agencies; providing for interoperability; providing severability;
                                                                                requiring the county recorders to provide a statewide index of official
  Substitute Amendment 2 (with title amendment)—On page 76,                     records available on the Internet by a time certain; providing for
between lines 7 and 8, of the bill                                              security; requiring that the Internet information shall not be admissible
insert:                                                                         in court; authorizing charging a reasonable fee for certain purposes;
                                                                                providing that the official records must be made available for electronic
  Section 48. Sexual predators secure facility.—                                retrieval on the statewide site by a time certain; providing severability;
                                                                                providing an effective date.
   (1) The Correctional Privatization Commission created under
chapter 957, Florida Statutes, in consultation with the Department of             —was read the second time by title.
Children and Family Services, shall develop and issue a request for
proposal for the financing, design, construction, acquisition, ownership,         The Committee on Rules & Calendar offered the following:
leasing, and operation of a secure facility of at least 400 beds to house
                                                                                (Amendment Bar Code: 513207)
and rehabilitate sexual predators committed under the Jimmy Ryce Act
of 1998. This proviso constitutes specific legislative authorization for the      Technical Amendment 1—On page 5, line 8,
Correctional Privatization Commission to enter into a contract with a           remove from the bill: 671.102
provider for the financing, design, construction, acquisition, ownership,
leasing, and operation of a secure facility to house and rehabilitate           and insert in lieu thereof: 671.107
sexual predators to be constructed in Desoto County, Florida.
                                                                                  Rep. Arnall moved the adoption of the amendment, which was
  (2) The selected contractor is authorized to enter into a lease               adopted.
arrangement or other private financing, or to sponsor the issuance of tax
exempt bonds, certificates of participation, or other public or private          On motion by Rep. Arnall, under Rule 142(h), the following late-filed
means to finance the facility. The state is authorized to enter into all such   amendment was considered.
agreements as are necessary, including lease alternatives, to bring the
                                                                                  Representative(s) Arnall offered the following:
facility to an operational state and to commence leasing of the facility.
                                                                                (Amendment Bar Code: 150657)
   (3) Upon completion of the sexual predator secure treatment facility
in Desoto County, the Martin Sexually Violent Predator Treatment and              Amendment 2—On page 4, line 28, before the word or
Retaining Program shall be phased out, to be terminated within 1 year
of completion of the facility.                                                  insert: insurance,

And the title is amended as follows:                                              Rep. Arnall moved the adoption of the amendment, which was
                                                                                adopted.
  On page 4, line 1, of the bill
                                                                                  Under Rule 121(b), the bill was referred to the Engrossing Clerk.
after the semicolon insert: requiring the Correctional Privatization
Commission to issue a request for proposal for the financing, design,             HB 959—A bill to be entitled An act relating to financial
construction, acquisition, ownership, leasing, and operation of a               responsibility for indigent hospital patients; amending s. 154.306, F.S.;
specified secure facility to house and rehabilitate certain sexual              providing for excluding active-duty military personnel and certain
predators; providing authority for the commission to enter into a               institutionalized county residents from state population estimates when
contract with a provider; providing authority of the contractor with            calculating a county’s financial responsibility for hospitals’ treatment of
respect to financing of the project; providing authority of the state to        the county’s indigent residents; providing an effective date.
enter into certain agreements; providing for termination of a specified
program upon completion of the facility;                                          —was read the second time by title.
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         817

  The Committee on Community Affairs offered the following:                   natureopathy or naturopathy as defined in s. 462.01(1), practice
                                                                              optometry as defined in s. 463.002(5), practice professional nursing as
(Amendment Bar Code: 511023)                                                  defined in s. 464.003(3)(a), practice practical nursing as defined in s.
  Amendment 1 (with title amendment)—                                         464.003(3)(b), practice advanced or specialized nursing practice as
Remove from the bill: Everything after the enacting clause                    defined in s. 464.003(3)(c), practice pharmacy as defined in s.
                                                                              465.003(13), practice dentistry as defined in s. 466.003(3), practice
and insert in lieu thereof:                                                   dental hygiene as defined in s. 466.003(4), practice midwifery as defined
                                                                              in s. 467.003(8), practice audiology as defined in s. 468.1125(6)(a),
  Section 1. Subsection (3) of section 154.306, Florida Statutes, is          practice speech-language pathology as defined in s. 468.1125(7)(a),
created to read:                                                              practice nursing home administration as defined in s. 468.1655(4),
   (3) For the purpose of computing the maximum amount that a county          practice occupational therapy as defined in s. 468.203(4), practice
at or below 100,000 in population may be required to pay, the agency          respiratory care as defined in s. 468.352(5), practice dietetics and
must reduce the official state population estimates by the number of          nutrition as defined in s. 468.503(4), practice athletic training as defined
inmates and patients residing in the county in institutions operated by       in s. 468.701(5), practice orthotics as defined in s. 468.80(7), practice
the Federal Government, the Department of Corrections, the Department         pedorthics as defined in s. 468.80(10), practice prosthetics as defined in
of Health, or the Department of Children and Family Services, and by the      s. 468.80(13), practice electrolysis or electrology as defined in s.
number of active-duty military personnel residing in the county, all of       478.42(5), practice massage as defined in s. 480.033(3), practice clinical
whom shall shall not be considered residents of the county, provided that     laboratory personnel as provided in s. 483.803, practice medical physics
the county agrees to accept such documents, forms, or other information       as defined in s. 483.901(3)(j), practice opticianry as defined s. 484.002(3),
used to certify financial eligibility and county residency, provided by the   dispense hearing aids as defined in s. 484.041(3), practice physical
participating hospital or regional referral hospital to the county            therapy as defined in s. 486.021(11), practice psychology as defined in s.
residence as valid and true without requiring reverification by the county    490.003(4), practice school psychology as defined in s. 490.003(5),
of residence, and provided such documentation is complete and in the          practice clinical social work as defined in s. 491.003(7), practice
form required by s. 154.3105.                                                 marriage and family therapy as defined in s. 491.003(8), and practice
                                                                              mental health counseling as defined in s. 490.003(9).
  Section 2. This act shall take effect July 1, 2000.
                                                                                (4) A person who is not licensed in this state as a health care
And the title is amended as follows:                                          practitioner who wishes to provide health care services, as defined herein,
                                                                              to patients located in this state by means of telecommunication only,
  On page 1, line 9
                                                                              must apply to the
remove from the title of the bill: all of said lines
                                                                              (Renumber subsequent subsections)
and insert in lieu thereof: hospitals’ treatment of specific counties’
indigent                                                                      And the title is amended as follows:

  Rep. Fasano moved the adoption of the amendment, which was                    On page 1, line 4, after “intent;”
adopted.                                                                      insert:
  Under Rule 121(b), the bill was referred to the Engrossing Clerk.             providing a definition;
  CS/HB 1953—A bill to be entitled An act relating to telehealth;               Rep. Kyle moved the adoption of the amendment, which was adopted.
creating s. 455.5641, F.S.; providing legislative findings and intent;
requiring separate licensure to provide telehealth services to patients in      The Committee on Governmental Operations offered the following:
this state; providing that telehealth licensure requirements and
responsibilities shall be identical to those provided for full licensure in   (Amendment Bar Code: 373231)
the applicable profession; requiring certain information to be provided         Amendment 2 (with title amendment)—On page 4, between lines
in all telehealth communications; providing responsibility for                12 and 13, of the bill
confidentiality of medical records; providing for prosecution of
unlicensed and other criminal activity; authorizing certain consultative      insert:
services without a license; requiring licensure to order out-of-state
electronic communications diagnostic-imaging or treatment services for          (8) Nothing in this section shall be construed to prohibit or restrict a
persons in this state; providing exemption from telehealth licensure for      health care practitioner who is not licensed in Florida from providing
registered nonresident pharmacies and their employees; providing              health care services through telecommunications to a patient temporarily
applicability to regulation of Florida licensees; providing rulemaking        visiting Florida with whom the health care practitioner has an
authority; amending s. 766.102, F.S.; authorizing the bringing of             established practitioner-patient relationship so long as the treatment
telehealth malpractice actions in this state regardless of provider           provided is for a non-acute chronic or recurrent illness previously
location; providing an effective date.                                        diagnosed and treated by that practitioner and so long as the practitioner
                                                                              holds an active unrestricted license to practice in another state or in
  —was read the second time by title.                                         another recognized jurisdiction.
                                                                              (Renumber subsequent subsections)
  The Committee on Governmental Operations offered the following:
                                                                              And the title is amended as follows:
(Amendment Bar Code: 985351)
                                                                                On page 1, between lines 18 & 19,
  Amendment 1 (with title amendment)—On page 2, lines 30 & 31,
remove: all of said lines                                                     insert: providing exemption from telehealth licensure for health care
                                                                              practitioners treating visitors to this state under certain conditions;
and insert in lieu thereof:
                                                                                Rep. Kyle moved the adoption of the amendment, which was adopted.
  (3) For purposes of this section, “health care services” means
providing, attempting to provide, or offering to provide a diagnosis,           Under Rule 121(b), the bill was referred to the Engrossing Clerk.
treatment plan, prescription, examination, or any other activity limited
to persons licensed or otherwise legally authorized to practice medicine        HB 2125—A bill to be entitled An act relating to the Department of
as defined in s. 458.305(3), practice osteopathic medicine as defined in s.   Children and Family Services; amending s. 20.04, F.S.; providing for
459.003(3), practice chiropractic medicine as defined in s. 460.403(9),       program offices to be headed by program directors rather than assistant
practice podiatric medicine as defined in s. 461.003(5), practice             secretaries; amending s. 20.19, F.S.; revising mission and purpose of the
818                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

department; providing duties and responsibilities of the secretary,              insert:
deputy secretary, and program directors; providing for program offices
and support offices; providing for local services, service districts, district     (d) Other than an entity to which s. 768.28 applies, any eligible lead
administrators, and community alliances; providing certain budget                community-based provider, as defined in paragraph (b), or its employees
transfer authority; providing for operation of a prototype region;               or officers, except as otherwise provided in paragraph (e), must, as a
providing for contracts with lead agencies; providing for consultation           part of its contract, obtain a minimum of $1 million per claim/$3 million
with counties on mandated programs; requiring a report; amending s.              per incident in general liability insurance coverage. In any tort action
39.3065, F.S.; providing for the sheriff in any county to provide child          brought against such an eligible lead community-based provider, net
protective investigative services; requiring individuals providing such          economic damages shall be limited to $1 million per claim, including,
services to complete protective investigation training; providing for            but not limited to, past and future medical expenses, wage loss, and loss
funding; providing for performance evaluation; requiring annual reports          of earning capacity, offset by any collateral source payment paid or
to the department; providing for program performance evaluation;                 payable. In any tort action brought against such an eligible lead
amending ss. 393.502 and 393.503, F.S.; providing for appointment of             community-based provider, noneconomic damages shall be limited to
family care councils by the Governor; deleting references to health and          $200,000 per claim. A claims bill may be brought on behalf of a claimant
human services boards; creating s. 402.73, F.S.; providing contracting           pursuant to s. 768.28 for any amount exceeding the limits specified in
and performance standards for contracted client services; providing              this paragraph. Any offset of collateral source payments made as of the
conditions for competitive procurement; providing for procurement and            date of the settlement or judgment shall be in accordance with s. 768.76.
contract for services that involve multiple providers; providing                 The lead community-based provider shall not be liable in tort for the
requirements relating to matching contributions; providing for                   acts or omissions of its subcontractors or the officers, agents, or
independent contract for assessment and case management services;                employees of its subcontractors.
providing for penalties; requiring certain notice; providing for standards          And on page 27, line 3 remove from the bill (a) and (b) and insert in
of conduct and disciplinary actions with respect to department                   lieu thereof: (a), (b), and (d)
employees carrying out contracting responsibilities; providing
requirements relating to the developmental services Medicaid waiver              And the title is amended as follows:
service system; requiring a report; providing for cancellation of provider
contracts; restricting new contracts with canceled providers; providing            On page 3, line 6 after the semicolon
for liens against facility properties; providing for performance-based           insert: excluding certain entities from certain insurance requirements;
incentives; creating s. 402.731, F.S.; authorizing certification programs
for department employees and service providers; providing rulemaking               Rep. Murman moved the adoption of the amendment, which was
authority; requiring employment programs for staff to facilitate                 adopted.
transition to privatized community-based care; requiring contracts for
outpatient services; authorizing certain time-limited exempt positions;            The Committee on Health & Human Services Appropriations offered
amending s. 409.1671, F.S., relating to foster care and related services;        the following:
deleting provisions relating to a statewide privatization plan; deleting         (Amendment Bar Code: 032867)
requirement that excess earnings be distributed to all entities
contributing to the excess; providing for the designation of more than             Amendment 4—On page 11, lines 3 through 12
one eligible lead community-based provider within a single county                remove from the bill: all said lines
under certain circumstances; providing the establishment of a risk pool
to reduce financial risk to community-based providers; providing for any         and insert in lieu thereof:
excess earnings to be distributed to all entities contributing to the              2. Providing or contracting for the provision of core services
excess; creating s. 409.1675, F.S.; providing conditions and procedures          including intake and eligibility, assessment, service planning, and case
for placing a lead community-based provider in receivership; providing           management.
for notice and hearing; providing powers and duties of a receiver;
providing for compensation; providing liability; requiring a receiver to           Rep. Murman moved the adoption of the amendment.
post a bond under certain circumstances; providing for termination of
receivership; amending ss. 20.43, 39.001, 39.0015, 39.01, 39.201, 39.302,         On motion by Rep. Lacasa, further consideration of Amendment 4
216.136, 381.0072, 383.14, 393.064, 393.13, 394.462, 394.4674, 394.67,           was temporarily postponed under Rule 141.
394.75, 397.311, 397.321, 397.821, 397.901, 400.435, 402.17, 402.3015,             The Committee on Health & Human Services Appropriations offered
402.40, 402.47, 409.152, 409.1673, 410.0245, 411.01, 411.223, 411.224,           the following:
414.028, 414.105, 414.36, 916.107, 985.223, and 985.413, F.S.; providing
changes to conform with the provisions of the act; repealing s.                  (Amendment Bar Code: 324515)
402.185(2), F.S., relating to funding for staff of the Office of Standards
and Evaluation of the department; repealing s. 409.152(6), F.S., relating           Amendment 5 (with title amendment)—On page 12, between
to designation of family preservation programs by the health and                 lines 20 and 21, of the bill
human services boards; providing a directive to the statute editors to           insert: (10) PROVISION OF MENTAL HEALTH OR SUBSTANCE
conform terminology; providing an effective date.                                ABUSE SERVICES—In district 11, subdistrict A, when a lead agency is
  —was taken up, having been read the second time earlier today; now             selected and has a service contract as authorized in 409.1671, Florida
pending on motion by Rep. Murman to adopt Substitute Amendment 2.                Statutes, the department shall conduct or contract for utilization
                                                                                 management of mental health and substance abuse cases which use a
 The question recurred on the adoption of Substitute Amendment 2,                very high volume of departmental resources or are of high cost. The
which was withdrawn.                                                             department shall conduct such reviews in accordance with uniform
                                                                                 procedures and criteria which are consistent with those currently
  The question recurred on the adoption of Amendment 2, which was                employed by the Agency for Health Care Administration, and shall
withdrawn.                                                                       ensure they are coordinated, to the maximum extent possible, with other
  The Committee on Health & Human Services Appropriations offered                administrative reviews and contract monitoring. The department shall
the following:                                                                   evaluate the efficiency and effectiveness of this model, and if a
                                                                                 determination is made that the cost efficiencies can be realized while
(Amendment Bar Code: 611289)                                                     maintaining an effective service delivery system, the secretary may
                                                                                 extend this requirement to other districts.
  Amendment 3 (with title amendment)—On page 31, between line
24 and line 25 of the bill                                                       And the title is amended as follows:
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        819

  On page 1, line 17, after the semicolon,                                       391.305 Program standards; rules.—The Department of Health
                                                                               shall adopt rules for the administration of the developmental evaluation
insert: requiring review of certain mental health and substance abuse          and intervention program. The rules shall specify standards for the
services;                                                                      development and operation of the program, including, but not limited to:
  Rep. Murman moved the adoption of the amendment, which was                     (4) Minimum developmental evaluation and intervention and
adopted.                                                                       support services, which shall include music therapy services for the
                                                                               purpose of maximizing individual potential and preventing further
  The Committee on Health & Human Services Appropriations offered
                                                                               developmental delays.
the following:
                                                                                 Section 50. Paragraph (a) of subsection (2) of section 393.064,
(Amendment Bar Code: 342641)                                                   Florida Statutes, is amended to read:
   Amendment 6 (with title amendment)—On page 76, between                        393.064 Prevention.—
lines 7 and 8 of the bill
                                                                                 (2) Prevention services provided by the developmental services
insert:                                                                        program include services to high-risk and developmentally disabled
                                                                               children from birth to 5 years of age, and their families, to meet the
  Section 48. Children Service Council or Juvenile Welfare Board
                                                                               intent of chapter 411. Such services shall include individual evaluations
incentive grants.—
                                                                               or assessments necessary to diagnose a developmental disability or
  (1) Subject to specific appropriations, it is the intent of the              high-risk condition and to determine appropriate individual family and
Legislature to provide incentives to encourage Children Service Councils       support services, unless evaluations or assessments are the
or Juvenile Welfare Boards to provide support to local child welfare           responsibility of the Division of Children’s Medical Services for children
programs related to implementation of community-based care.                    ages birth to 3 years eligible for services under this chapter or part H of
                                                                               the Individuals with Disabilities Education Act, and may include:
  (a) A Children Service Council or Juvenile Welfare Board as
authorized in s. 125.901, may submit a request for funding or continued          (a) Early intervention services, including developmental training,
                                                                               and specialized therapies, and music therapy services for the purpose of
funding to the Department of Children and Families to support
                                                                               maximizing individual potential and preventing further development
programs funded by the council or board for local child welfare services
                                                                               delays. Early intervention services, which are the responsibility of the
related to implementation of community-based care.
                                                                               Division of Children’s Medical Services for children ages birth to 3 years
  (b) The Department of Children and Families shall establish grant            who are eligible for services under this chapter or under part H of the
application procedures.                                                        Individuals with Disabilities Education Act, shall not be provided
                                                                               through the developmental services program unless funding is
  (2) The Department of Children and Families shall make award                 specifically appropriated to the developmental services program for this
determinations no later than October 1 of each year. All applicants shall      purpose.
be notified by the department of its final action.
                                                                                 Section 51. Paragraphs (j) through (o) of subsection (4) of section
  (3) Each council or board that is awarded a grant as provided for in         393.066, Florida Statutes, are redesignated as paragraphs (k) through
this section shall submit performance and output information as                (p), respectively, and a new paragraph (j) is added to said subsection to
determined by the Department of Children and Families.                         read:

  (4) The Department of Children and Families shall establish rules as           393.066 Community services and treatment for persons who are
necessary to implement this section.                                           developmentally disabled.—

And the title is amended as follows:                                             (4) Community-based services shall, to the extent of available
                                                                               resources, include:
  On page 4, line 1, after the semicolon
                                                                                 (j) Music therapy services for infant and toddlers, for the purpose of
insert: providing incentive grants for children service council or             maximizing individual potential and preventing further developmental
juvenile welfare board; providing requirements; authorizing rules;             delays.
  Rep. Murman moved the adoption of the amendment, which was                   Services to clients with spina bifida shall not include medical services
adopted.                                                                       except as appropriated by the Legislature.
  Representative(s) Bullard offered the following:                               Section 52. Section 402.25, Florida Statutes, is amended to read:

(Amendment Bar Code: 344165)                                                      402.25 Infants and toddlers in state-funded education and care
                                                                               programs; brain development activities.—Each state-funded education
   Amendment 7 (with title amendment)—On page 76, between                      and care program for children from birth to 5 years of age must provide
lines 7 & 8, of the bill                                                       activities to foster brain development in infants and toddlers. A program
                                                                               must provide an environment rich in language and music and filled with
insert:
                                                                               objects of various colors, shapes, textures, and sizes to stimulate visual,
   Section 48. Paragraphs (d) through (k) of subsection (3) of section         tactile, auditory, and linguistic senses in the children and must include
230.2305, Florida Statutes, are redesignated as paragraphs (e) through         classical music and music therapy for the purpose of maximizing
(l), respectively, and a new paragraph (d) is added to said section to read:   individual potential and preventing developmental delays, and at least
                                                                               30 minutes of reading to the children each day. A program may be
  230.2305 Prekindergarten early intervention program.—                        offered through an existing early childhood program such as Healthy
                                                                               Start, the Title I program, contracted or directly operated subsidized
  (3) STANDARDS.—
                                                                               child care, the prekindergarten early intervention program, Florida
  (d) The program curriculum must include music therapy services for           First Start, the Head Start program, or a private child care program. A
the purpose of maximizing individual potential and preventing                  program must provide training for the infants’ and toddlers’ parents
developmental delays.                                                          including direct dialogue and interaction between teachers and parents
                                                                               demonstrating the urgency of brain development in the first year of a
 Section 49. Subsection (4) of section 391.305, Florida Statutes, is           child’s life. Family day care centers are encouraged, but not required, to
amended to read:                                                               comply with this section.
820                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

   Section 53. The introductory paragraph and paragraph (d) of               made no later than January 15, 1990. No more than one of each of the
subsection (9) of section 411.203, Florida Statutes, are amended,            following prototypes may be selected among the first sites to be funded:
paragraphs (b) and (c) of subsection (7) are redesignated as paragraphs
(c) and (d), respectively, and a new paragraph (b) is added to said            1. A program based in a county health department;
subsection, to read:
                                                                               2. A program based in an office of the Department of Children and
  411.203 Continuum of comprehensive services.—The Department of             Family Health and Rehabilitative Services;
Education and the Department of Children and Family Health and
                                                                               3. A program based in a local school district;
Rehabilitative Services shall utilize the continuum of prevention and
early assistance services for high-risk pregnant women and for high-risk       4. A program based in a local board or council that is responsible for
and handicapped children and their families, as outlined in this section,    coordinating and managing community resources from revenue sources
as a basis for the intraagency and interagency program coordination,         earmarked for helping children and meeting their needs;
monitoring, and analysis required in this chapter. The continuum shall
be the guide for the comprehensive statewide approach for services for         5. A program based in a local, public or private, not-for-profit
high-risk pregnant women and for high-risk and handicapped children          provider of services to children and their families; and
and their families, and may be expanded or reduced as necessary for the
enhancement of those services. Expansion or reduction of the continuum         6. A program based in a local government.
shall be determined by intraagency or interagency findings and                 (6) RULES FOR IMPLEMENTATION.—The Department of
agreement, whichever is applicable. Implementation of the continuum          Children and Family Health and Rehabilitative Services shall adopt
shall be based upon applicable eligibility criteria, availability of         rules necessary to implement this section.
resources, and interagency prioritization when programs impact both
agencies, or upon single agency prioritization when programs impact          And the title is amended as follows:
only one agency. The continuum shall include, but not be limited to:
                                                                               On page 4, line 1, after the semicolon,
  (7) EDUCATION, EARLY ASSISTANCE, AND RELATED
SERVICES FOR HIGH-RISK CHILDREN AND THEIR FAMILIES.—                         insert: amending s. 230.2305, F.S.; requiring program curriculum
                                                                             under the prekindergarten early intervention program to include music
  (b) Music therapy services for the purpose of maximizing individual        therapy services; amending s. 391.305, F.S.; including music therapy
potential and preventing further developmental delays, for handicapped       services in the developmental evaluation and intervention program for
and high-risk infants and children.                                          high-risk and disabled infants and toddlers; amending s. 393.064, F.S.;
                                                                             including music therapy services in early intervention services for high-
  (9) MANAGEMENT SYSTEMS AND PROCEDURES.—
                                                                             risk and developmentally disabled children under the developmental
  (d) Information sharing system among the Department of Children            services program; amending s. 393.066, F.S.; requiring community-
and Family Health and Rehabilitative Services, the Department of             based services for the developmentally disabled to include music
Education, local education agencies, and other appropriate entities, on      therapy services for infants and toddlers; amending s. 402.25, F.S.;
children eligible for services. Information may be shared when parental      including music therapy in the brain development activities required for
or guardian permission has been given for release.                           infants and toddlers in state-funded education and care programs;
                                                                             amending s. 411.203, F.S.; requiring the interagency continuum of
  Section 54. Paragraph (b) of subsection (3), paragraph (a) of              comprehensive services coordinated by Departments of Education and
subsection (4), and subsection (6) of section 411.232, Florida Statutes,     Children and Family Services to include music therapy services for
are amended to read:                                                         high-risk and handicapped infants and children; amending s. 411.232,
  411.232 Children’s Early Investment Program.—                              F.S.; providing that additional services under the Children’s Early
                                                                             Investment Program may include music therapy services;
  (3) ESSENTIAL ELEMENTS.—
                                                                               Rep. Bullard moved the adoption of the amendment.
  (b) While a flexible range of services is essential in the
implementation of this act, the following services shall be considered the   Point of Order
core group of services:
                                                                              Rep. Lynn raised a point of order, under Rule 145, that the
  1. Adequate prenatal care;                                                 amendment was not germane.

  2. Health services to the at-risk young children and their families;         The Chair [Rep. Crady] referred the point to the Chair of the
                                                                             Committee on Rules & Calendar. Pending a ruling, further
  3. Infant and child care services;                                         consideration of the bill, with pending amendment, was temporarily
  4. Parenting skills training;                                              postponed.

  5. Education or training opportunities appropriate for the family;           CS/HB 1941—A bill to be entitled An act relating to cigarettes;
and                                                                          amending s. 210.05, F.S.; requiring the Division of Alcoholic Beverages
                                                                             and Tobacco to design cigarette tax stamps that will permit
  6. Economic support.                                                       identification of the agent or wholesale dealer that affixes the stamp;
                                                                             creating s. 210.185, F.S.; prohibiting the sale and distribution of certain
Additional services may include, without limitation, alcohol and drug
                                                                             cigarettes not intended for sale or distribution in this country; providing
abuse treatment, mental health services, music therapy services for the
                                                                             for criminal penalties, administrative sanctions, and unfair trade
purpose of maximizing individual potential and preventing
                                                                             practices; providing definitions; providing for enforcement by the
developmental delays, housing assistance, transportation, and nutrition
                                                                             Division of Alcoholic Beverages and Tobacco; amending s. 210.19, F.S.;
services.
                                                                             requiring the division to maintain specified records; providing
  (4) IMPLEMENTATION.—                                                       severability; providing an effective date.

  (a) The Department of Children and Family Health and                         —was read the second time by title.
Rehabilitative Services or its designee shall implement the Children’s
Early Investment Program using the criteria provided in this section.        THE SPEAKER IN THE CHAIR
The department or its designee shall evaluate and select the programs
and sites to be funded initially. The initial contract awards must be          Representative(s) Garcia offered the following:
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         821

(Amendment Bar Code: 603783)                                                  and meetings of any domestic violence fatality review team regarding
                                                                              domestic violence fatalities and their prevention, during which the
  Amendment 1—On page 7, line 11,                                             identity of the victim or of the children of the victim is discussed, are
remove from the bill: July 1, 2000                                            exempt from s. 286.011 and s. 24(b) of Art. I of the State Constitution.
and insert in lieu thereof: July 1, 2001
                                                                                (2) The exemptions in this section apply only to records held by a
  Rep. Garcia moved the adoption of the amendment.                            domestic violence fatality review team. The exemptions contained in this
                                                                              section are subject to the Open Government Sunset Review Act of 1995 in
  Further consideration of Amendment 1 was temporarily postponed              accordance with s. 119.15, and this section is repealed October 2, 2005,
under Rule 141.                                                               unless reviewed and saved from repeal through reenactment by the
                                                                              Legislature before that date.
  Representative(s) Garcia offered the following:

(Amendment Bar Code: 793991)                                                     Section 2. The Legislature finds that it is a public necessity that
                                                                              information that is confidential or exempt from section 119.07(1),
  Amendment 2—On page 2, lines 14-16,                                         Florida Statutes, and Section 24(a) of Article I of the State Constitution
remove from the bill: all of said lines                                       remain confidential or exempt when in the custody of the domestic
                                                                              violence fatality review teams, together with any portions of the reports
and insert in lieu thereof:                                                   of such teams containing such information. The Legislature further finds
own, possess, or transport, for sale or distribution for consumption, in
                                                                              that it is a public necessity that proceedings and meetings of the domestic
this state; or import, or cause to be imported, into this state for sale or
                                                                              violence fatality review teams which relate to domestic violence fatalities,
distribution for consumption in this state:
                                                                              or domestic violence incidents, and where specific persons or incidents
  Rep. Garcia moved the adoption of the amendment, which was                  are discussed, be confidential and exempt from public meeting
adopted.                                                                      requirements. Otherwise, sensitive personal information concerning
                                                                              victims and victims’ children and family members would be disclosed
  Rep. Barreiro moved that, under Rule 142(h), a late-filed amendment         and open communication and coordination among parties involved in
be allowed for consideration, which was not agreed to.                        the domestic violence fatality reviews would be hampered. Accordingly,
  Rep. Barreiro moved that, under Rule 142(h), a late-filed amendment         the Legislature finds that the harm that would result in the release of
be allowed for consideration, which was not agreed to.                        such information substantially outweighs any minimal public benefit
                                                                              derived therefrom.
  Rep. Morroni moved that, under Rule 142(h), a late-filed amendment
be allowed for consideration, which was not agreed to.                          Section 3. This act shall take effect on the date House Bill 1039,
                                                                              relating to domestic violence, or similar legislation becomes law, and
  Rep. Garcia moved that, under Rule 142(h), a late-filed amendment be        shall not take effect if such legislation does not become law.
allowed for consideration.
                                                                              And the title is amended as follows:
  Further consideration of CS/HB 1941, with pending motion to allow
a late-filed amendment, was temporarily postponed under Rule 141.               On page 1, lines 2 through 14
                                                                              remove the entire title of the bill
REPRESENTATIVE BROWN IN THE CHAIR                                             and insert in lieu thereof: A bill to be entitled An act relating to public
                                                                              records; creating s. 741.3165, F.S.; continuing confidentiality or
  CS/HB 1037—A bill to be entitled An act relating to public records;
                                                                              exemption from the public records law of information obtained by a
creating s. 741.3165, F.S.; providing that any records exempt from
                                                                              domestic violence fatality review team; exempting certain proceedings
disclosure under the public records law disclosed to a domestic violence
                                                                              and meetings of domestic violence fatality review teams from public
fatality review team remain confidential; providing that the proceedings
                                                                              meeting requirements; providing that investigations, proceedings, and
and meetings of such organizations where the identity of the victim or
the children of the victim is discussed are exempt from public meeting        records of a domestic violence review team are not subject to discovery
requirements; providing for future legislative review and repeal;             or introduction as evidence; providing for future legislative review and
providing a finding of public necessity; providing a contingent effective     repeal; providing a finding of public necessity; providing a contingent
date.                                                                         effective date.

  —was read the second time by title.                                           Rep. Pruitt moved the adoption of the amendment, which was
                                                                              adopted.
   The Committee on Law Enforcement & Crime Prevention offered the
following:                                                                      Under Rule 121(b), the bill was referred to the Engrossing Clerk.

(Amendment Bar Code: 985571)                                                  THE SPEAKER IN THE CHAIR
  Amendment 1 (with title amendment)—
Remove from the bill: Everything after the enacting clause                    REPRESENTATIVE BROWN IN THE CHAIR

and insert in lieu thereof:                                                     CS/HB 1039—A bill to be entitled An act relating to domestic
                                                                              violence; creating s. 741.316, F.S.; providing a definition; providing that
  Section 1. Section 741.3165, Florida Statutes, is created to read:          domestic violence fatality review teams may be established at a local,
  741.3165 Certain information exempt from disclosure.—                       regional, or state level in order to review fatal and near fatal incidents
                                                                              of domestic violence; providing what may be included in the review;
   (1) Any information or records otherwise confidential or exempt from       providing for the purpose of domestic violence fatality review teams;
s. 119.07(1) and s. 24(a) of Art. I of the State Constitution which is        requiring review teams to collect data; requiring the Department of Law
obtained by or provided to a domestic violence fatality review team           Enforcement to prepare an annual report on domestic violence;
conducting activities as described in s. 741.316 shall remain confidential    requiring the Governor’s Task Force on Domestic Violence to assist
or exempt as otherwise provided by law. Any portion of the reports            review teams; providing that there is immunity from liability for certain
produced by the domestic violence fatality review team which contains         acts performed within the scope of a review team; providing an effective
any information that is otherwise confidential or exempt from s.              date.
119.07(1) and s. 24(a) of Art. I of the State Constitution shall remain
confidential or exempt as otherwise provided by law. The proceedings            —was read the second time by title.
822                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                           April 26, 2000

   The Committee on Law Enforcement & Crime Prevention offered the               (5)(a) There may not be any monetary liability on the part of, and a
following:                                                                    cause of action for damages may not arise against, any member of a
                                                                              domestic violence fatality review team or any person acting as a witness
(Amendment Bar Code: 604533)                                                  to, incident reporter to, or investigator for a domestic violence fatality
                                                                              review team for any act or proceeding undertaken or performed within
  Amendment 1 (with title amendment)—
                                                                              the scope of the functions of the team, unless such person acted in bad
Remove from the bill: Everything after the enacting clause
                                                                              faith, with malicious purpose, or in a manner exhibiting wanton and
and insert in lieu thereof:                                                   willful disregard of human rights, safety, or property.

  Section 1. Section 741.316, Florida Statutes, is created to read:             (b) This subsection does not affect the provisions of s. 768.28.

 741.316 Domestic violence fatality review teams; definition;                   (6) All information and records acquired by a domestic violence
membership; duties; report by the Department of Law Enforcement.—             fatality review team are not subject to discovery or introduction into
                                                                              evidence in any civil action or disciplinary proceeding by any department
  (1) As used in this section, the term “domestic violence fatality review    or employing agency if the information or records arose out of matters
team” means an organization that includes, but is not limited to,             that are the subject of evaluation and review by the domestic violence
representatives from the following agencies or organizations:                 fatality review team. However, information, documents, and records
                                                                              otherwise available from other sources are not immune from discovery or
  (a) Law enforcement agencies.                                               introduction into evidence solely because the information, documents, or
                                                                              records were presented to or reviewed by such a team. A person who has
  (b) The state attorney.
                                                                              attended a meeting of a domestic violence fatality review team may not
  (c) The medical examiner.                                                   testify in any civil or disciplinary proceedings as to any records or
                                                                              information produced or presented to the team during meetings or other
  (d) Certified domestic violence centers.                                    activities authorized by this section. This subsection does not preclude
                                                                              any person who testifies before a team or who is a member of a team from
  (e) Child protection service providers.                                     testifying as to matters otherwise within his or her knowledge.
  (f) The office of court administration.                                       (7) The domestic violence fatality review teams are assigned to the
  (g) The clerk of the court.                                                 Department of Children and Family Services for administrative
                                                                              purposes.
  (h) Victim services programs.
                                                                                Section 2. This act shall take effect July 1, 2000.
  (i) Child death review teams.
                                                                              And the title is amended as follows:
  (j) Members of the business community.
                                                                                On page 1, lines 2 through 18
  (k) County probation or corrections agencies.                               remove the entire title of the bill

  (l) Any other persons who have knowledge regarding domestic                 and insert in lieu thereof: A bill to be entitled An act relating to
violence fatalities, nonlethal incidents of domestic violence, or suicide,    domestic violence; creating s. 741.316, F.S.; providing for the
including research, policy, law, and other matters connected with fatal       establishment of domestic violence fatality review teams to review fatal
incidents.                                                                    and near-fatal incidents of domestic violence; providing for
                                                                              representation on the domestic violence fatality review teams; requiring
  (m) Other representatives as determined by the review team.                 each team to collect data; requiring the Department of Law Enforcement
                                                                              to prepare an annual report on domestic violence; requiring the
  (2) A domestic violence fatality review team may be established at a        Governor’s Task Force on Domestic Violence to assist the teams;
local, regional, or state level in order to review fatal and near-fatal       providing immunity from liability for certain acts; exempting certain
incidents of domestic violence, related domestic violence matters, and        information and records acquired by a domestic violence fatality review
suicides. The review may include a review of events leading up to the         team from discovery in civil actions or disciplinary proceedings;
domestic violence incident, available community resources, current laws       prohibiting requiring a person to testify about information presented
and policies, actions taken by systems and individuals related to the         during meetings or other activities of a team; placing the domestic
incident and the parties, and any information or action deemed relevant       violence fatality review teams administratively within the Department
by the team, including a review of public records and records for which       of Children and Family Services; providing an effective date.
public records exemptions are granted. The purpose of the teams is to
learn how to prevent domestic violence by intervening early and                 Rep. Pruitt moved the adoption of the amendment, which was
improving the response of an individual and the system to domestic            adopted.
violence. The structure and activities of a team shall be determined at the
                                                                                Under Rule 121(b), the bill was referred to the Engrossing Clerk.
local level. The team may determine the number and type of incidents it
wishes to review and shall make policy and other recommendations as to
how incidents of domestic violence may be prevented.                          THE SPEAKER IN THE CHAIR

  (3) Each local domestic violence fatality review team shall collect           HB 2125—A bill to be entitled An act relating to the Department of
data regarding incidents of domestic violence. The data must be collected     Children and Family Services; amending s. 20.04, F.S.; providing for
in a manner that is consistent statewide and in a form determined by the      program offices to be headed by program directors rather than assistant
Department of Law Enforcement. Each team may collect such additional          secretaries; amending s. 20.19, F.S.; revising mission and purpose of the
data beyond that which is prescribed in the statewide data collection         department; providing duties and responsibilities of the secretary,
form as will assist in the team’s review. The Department of Law               deputy secretary, and program directors; providing for program offices
Enforcement shall use the data to prepare an annual report concerning         and support offices; providing for local services, service districts, district
domestic violence fatalities. The report must be submitted by July 1 of       administrators, and community alliances; providing certain budget
each year to the Governor, the President of the Senate, the Speaker of the    transfer authority; providing for operation of a prototype region;
House of Representatives, and the Chief Justice of the Supreme Court.         providing for contracts with lead agencies; providing for consultation
                                                                              with counties on mandated programs; requiring a report; amending s.
  (4) The Governor’s Task Force on Domestic Violence shall provide            39.3065, F.S.; providing for the sheriff in any county to provide child
information and technical assistance to local domestic violence fatality      protective investigative services; requiring individuals providing such
review teams.                                                                 services to complete protective investigation training; providing for
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       823

funding; providing for performance evaluation; requiring annual reports        (a) Each district family care The council shall consist of at least 10
to the department; providing for program performance evaluation;             and no more than 15 members nine persons recommended by a majority
amending ss. 393.502 and 393.503, F.S.; providing for appointment of         vote of the district family care council and appointed by the Governor
family care councils by the Governor; deleting references to health and      district health and human services board.
human services boards; creating s. 402.73, F.S.; providing contracting
and performance standards for contracted client services; providing            (b) At least three One-half of the members of the council must be
conditions for competitive procurement; providing for procurement and        consumers. One such member shall be a consumer who received
contract for services that involve multiple providers; providing             developmental services within the 4 years prior to the date of
requirements relating to matching contributions; providing for               recommendation, or the legal guardian of such a consumer. The
independent contract for assessment and case management services;            remainder of the council members shall be parents, guardians, or
providing for penalties; requiring certain notice; providing for standards   siblings who are family members or legal guardians of persons with
of conduct and disciplinary actions with respect to department               developmental disabilities who qualify for developmental services
employees carrying out contracting responsibilities; providing               pursuant to this chapter. At least one-half of the members of the council
                                                                             shall be current consumers of developmental services.
requirements relating to the developmental services Medicaid waiver
service system; requiring a report; providing for cancellation of provider     (c) A person who is currently serving on another board or council of
contracts; restricting new contracts with canceled providers; providing      the department may not be appointed to a district family care council.
for liens against facility properties; providing for performance-based
incentives; creating s. 402.731, F.S.; authorizing certification programs      (d) Employees of the department are not eligible to serve on a district
for department employees and service providers; providing rulemaking         family care council.
authority; requiring employment programs for staff to facilitate
                                                                               (e) Persons related by consanguinity or affinity within the third
transition to privatized community-based care; requiring contracts for
                                                                             degree shall not serve on the same district family care council at the same
outpatient services; authorizing certain time-limited exempt positions;
                                                                             time.
amending s. 409.1671, F.S., relating to foster care and related services;
deleting provisions relating to a statewide privatization plan; deleting       (f) A chair chairperson for the council shall must be chosen by the
requirement that excess earnings be distributed to all entities              council members to serve for 1 year. A person may serve no more than
contributing to the excess; providing for the designation of more than       four 1-year terms as chair.
one eligible lead community-based provider within a single county
under certain circumstances; providing the establishment of a risk pool        (3) TERMS; VACANCIES.—
to reduce financial risk to community-based providers; providing for any
                                                                               (a) Council members shall be appointed for a 3-year 2-year term,
excess earnings to be distributed to all entities contributing to the
                                                                             except as provided in subsection (8), and may be reappointed to not more
excess; creating s. 409.1675, F.S.; providing conditions and procedures
                                                                             than one additional term. A person who is currently serving on another
for placing a lead community-based provider in receivership; providing
                                                                             board or council of the department may not be appointed to a family care
for notice and hearing; providing powers and duties of a receiver;
                                                                             council.
providing for compensation; providing liability; requiring a receiver to
post a bond under certain circumstances; providing for termination of           (b) A member who has served two consecutive terms shall not be
receivership; amending ss. 20.43, 39.001, 39.0015, 39.01, 39.201, 39.302,    eligible to serve again until 12 months have elapsed since ending his or
216.136, 381.0072, 383.14, 393.064, 393.13, 394.462, 394.4674, 394.67,       her service on the district council.
394.75, 397.311, 397.321, 397.821, 397.901, 400.435, 402.17, 402.3015,
402.40, 402.47, 409.152, 409.1673, 410.0245, 411.01, 411.223, 411.224,         (c) Upon expiration of a term or in the case of any other vacancy, the
414.028, 414.105, 414.36, 916.107, 985.223, and 985.413, F.S.; providing     district council shall, by majority vote, recommend to the Governor for
changes to conform with the provisions of the act; repealing s.              appointment a person for each vacancy. If the Governor does not act on
402.185(2), F.S., relating to funding for staff of the Office of Standards   the council’s recommendations within 45 days after receiving them, the
and Evaluation of the department; repealing s. 409.152(6), F.S., relating    persons recommended shall be considered to be appointed.
to designation of family preservation programs by the health and
                                                                                (4) COMMITTEE APPOINTMENTS.—The chair of the district
human services boards; providing a directive to the statute editors to
                                                                             family care council may appoint persons to serve on council committees.
conform terminology; providing an effective date.
                                                                             Such persons may include former members of the council and persons not
  —was taken up, having been read the second time earlier today; now         eligible to serve on the council.
pending on point of order by Rep. Lynn, under Rule 145, on Amendment           (5) TRAINING.—
7 by Rep. Bullard.
                                                                               (a) The department, in consultation with the district councils, shall
  The question recurred on the adoption of Amendment 7, which was            establish a training program for district family care council members.
withdrawn.                                                                   Each district shall provide the training program when new persons are
  Subsequently, Rep. Lynn withdrew the point of order.                       appointed to the district council and at other times as the secretary deems
                                                                             necessary.
  Representative(s) Argenziano offered the following:
                                                                               (b) The training shall assist the council members to understand the
(Amendment Bar Code: 960565)                                                 laws, rules, and policies applicable to their duties and responsibilities.
  Amendment 8 (with title amendment)—On page 17, line 1                        (c) All persons appointed to a district council must complete this
through page 18, line 8,                                                     training within 90 days after their appointment. A person who fails to
remove from the bill: all of said lines                                      meet this requirement shall be considered to have resigned from the
                                                                             council.
and insert in lieu thereof:
                                                                                (6)(2) MEETINGS; CONTINUED EXISTENCE.—Council members
  Section 5. Section 393.502, Florida Statutes, is amended to read:          shall serve on a voluntary basis without payment for their services but
  393.502 Family care councils.—                                             shall be reimbursed for per diem and travel expenses as provided for in
                                                                             s. 112.061. The council shall meet at least six times per year once a
  (1) CREATION; APPOINTMENT.—There shall be established and                  month.
located within each service district of the department of Children and
Family Services a district family care council.                                (7)(3) PURPOSE.—The purpose of the district family care councils
                                                                             shall be to advise the health and human services boards of the
  (2) MEMBERSHIP.—                                                           department and its district advisory boards, to develop a plan for the
824                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

delivery of developmental services family support within the district,         President of the Senate, the Speaker of the House of Representatives,
and to monitor the implementation and effectiveness of services and            the Governor, and the minority leaders of both houses. This plan must
support provided under the plan. The primary functions of the district         be developed with local community participation, including, but not
family care councils shall be to:                                              limited to, input from community-based providers that are currently
                                                                               under contract with the department to furnish community-based foster
  (a) Assist in providing information and outreach to families.                care and related services, and must include a methodology for
 (b) Review the effectiveness of developmental services programs and           determining and transferring all available funds, including federal
make recommendations with respect to program implementation.                   funds that the provider is eligible for and agrees to earn and that portion
                                                                               of general revenue funds which is currently associated with the services
  (c) Advise district developmental services administrators with               that are being furnished under contract. Notwithstanding the
respect to policy issues relevant to the community and family support          provisions of s. 215.425, all documented federal funds earned for the
system in the district.                                                        current fiscal year by the department and community-based agencies
                                                                               which exceed the amount appropriated by the Legislature shall be
  (d) Meet and share information with other district family care               distributed to all entities that contributed to the excess earnings based
councils.                                                                      on a schedule and methodology developed by the department and
   (8) NEW COUNCILS.—When a district family care council is                    approved by the Executive Office of the Governor. Distribution shall be
established for the first time in a district, the Governor shall appoint the   pro rata based on total earnings and shall be made only to those entities
first four council members, who shall serve 3-year terms. These members        that contributed to excess earnings. Excess earnings of community-
shall submit to the Governor, within 90 days after their appointment,          based agencies shall be used only in the district in which they were
recommendations for at least six additional members, selected by               earned. Additional state funds appropriated by the Legislature for
majority vote. If the Governor does not act on the recommendations             community-based agencies or made available pursuant to the budgetary
within 45 days after receiving them, the persons recommended shall be          amendment process described in s. 216.177 shall be transferred to the
considered to be appointed. Those members recommended for                      community-based agencies. The department shall amend a community-
appointment by the Governor shall serve for 2 years.                           based agency’s contract to permit expenditure of the funds. The
                                                                               distribution program applies only to entities that were under
  (9) FUNDING; FINANCIAL REVIEW.—The district family care                      privatization contracts as of July 1, 1999. This program is authorized for
council may apply for, receive, and accept grants, gifts, donations,           a period of 3 years beginning July 1, 1999, and ending June 30, 2002.
bequests, and other payments from any public or private entity or person.      The Office of Program Policy Analysis and Government Accountability
Each district council shall be subject to an annual financial review by        shall review this program and report to the Legislature by December 31,
district staff assigned by the district administrator. Each district council   2001. The review shall assess the program to determine how the
shall exercise care and prudence in the expenditure of funds. The district     additional resources were used, the number of additional clients served,
family care councils shall comply with state expenditure requirements.         the improvements in quality of service attained, the performance
                                                                               outcomes associated with the additional resources, and the feasibility of
And the title is amended as follows:                                           continuing or expanding this program. The methodology must provide
  On page 1, lines 27 and 28,                                                  for the transfer of funds appropriated and budgeted for all services and
remove from the title of the bill: all of said lines                           programs that have been incorporated into the project, including all
                                                                               management, capital (including current furniture and equipment), and
and insert in lieu thereof: F.S.; revising provisions relating to creation,    administrative funds to accomplish the transfer of these programs. This
appointment, and operation of family care councils; requiring                  methodology must address expected workload and at least the 3
establishment of a training program for council members; providing for         previous years’ experience in expenses and workload. With respect to
reimbursement for members’ per diem and travel expenses; deleting              any district or portion of a district in which privatization cannot be
references                                                                     accomplished within the 3-year timeframe, the department must clearly
                                                                               state in its plan the reasons the timeframe cannot be met and the efforts
  Rep. Argenziano moved the adoption of the amendment, which was               that should be made to remediate the obstacles, which may include
adopted.                                                                       alternatives to total privatization, such as public-private partnerships.
  Representative(s) Frankel offered the following:                             As used in this section, the term “related services” means family
                                                                               preservation, independent living, emergency shelter, residential group
(Amendment Bar Code: 265157)                                                   care, foster care, therapeutic foster care, intensive residential
                                                                               treatment, foster care supervision, case management, postplacement
  Amendment 9 (with title amendment)—On page 27, line 11                       supervision, permanent foster care, and family reunification. Unless
through page 29, line 27,                                                      otherwise provided for,
remove from the bill: all of said lines
                                                                               And the title is amended as follows:
and insert in lieu thereof:
                                                                                 On page 2, line 27,
  (1)(a) It is the intent of the Legislature that the Department of
Children and Family Services shall privatize the provision of foster care      after the semicolon insert: deleting legislative intent for and direction
and related services statewide. It is further the Legislature’s intent to      to the Department of Children and Family Services to privatize the
encourage communities and other stakeholders in the well-being of              provision of foster care and related services;
children to participate in assuring that children are safe and well-
nurtured. However, while recognizing that some local governments are             Rep. Frankel moved the adoption of the amendment, which failed of
presently funding portions of certain foster care and related services         adoption.
programs and may choose to expand such funding in the future, the                Representative(s) Frankel offered the following:
Legislature does not intend by its privatization of foster care and related
services that any county, municipality, or special district be required to     (Amendment Bar Code: 962889)
assist in funding programs that previously have been funded by the
state. Nothing in this paragraph prohibits any county, municipality, or         Amendment 10 (with directory language and                            title
special district from future voluntary funding participation in foster         amendments)—On page 34, between lines 4 and 5, of the bill
care and related services. As used in this section, the term “privatize”       insert:
means to contract with competent, community-based agencies. The
department shall submit a plan to accomplish privatization statewide,            (10) A formal or informal solicitation of services under a proposed
through a competitive process, phased in over a 3-year period beginning        privatization contract must require a provider to disclose any political
January 1, 2000. This plan is to be submitted by July 1, 1999, to the          contribution made by the provider or managerial employee of the
April 26, 2000                               JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                   825

provider, during the four years immediately preceding the beginning             (Amendment Bar Code: 370463)
date of the contract, to an elected official of the state, a candidate for
elected office of the state, and, if the soliciting agency is a local unit of      Amendment 11 (with title amendment)—On page 76, between
                                                                                lines 7 and 8, of the bill
government, an elected official or candidate for elected office of that unit.
                                                                                insert:
  (11) No agency shall make any privatization contract and no such
contract shall be valid with a contractor or vendor whose officers,               Section 1. Sexual predators secure facility.—
managerial employees, or private consultants include a member of the
Legislature, appointed state officer, statewide elected officer, employee as      (1) The Correctional Privatization Commission created under
defined in s. 112.313, or specified state employee as defined in s. 112.3145    chapter 957, Florida Statutes, in consultation with the Department of
until two-years after the end of such officer’s or employee’s term of office    Children and Family Services, shall develop and issue a request for
or employment with the State of Florida.                                        proposal for the financing, design, construction, acquisition, ownership,
                                                                                and leasing of a secure facility of at least 400 beds to house and
And the directory language is amended as follows:                               rehabilitate sexual predators committed under the Jimmy Ryce Act of
                                                                                1998. The Department of Children and Families shall develop and issue
  On page 27,                                                                   a request for proposal for the operation of the secure facility pursuant to
remove: (7) and (8)                                                             this section. This proviso constitutes specific legislative authorization for
                                                                                the Correctional Privatization Commission to enter into a contract with
and insert in lieu thereof: (7), (8), (10), and (11)
                                                                                a provider for the financing, design, construction, acquisition,
And the title is amended as follows:                                            ownership, and leasing of a secure facility to house and rehabilitate
                                                                                sexual predators to be constructed in Desoto County, Florida.
  On page 3, line 8,
                                                                                  (2) The selected contractor for the financing, design, construction,
after the first semicolon insert: requiring certain disclosures by              acquisition, ownership and leasing of the secure facility is authorized to
providers seeking privatization contracts; prohibiting contracts with           enter into a lease arrangement or other private financing, or to sponsor
certain contractors or vendors;                                                 the issuance of tax exempt bonds, certificates of participation, or other
                                                                                public or private means to finance the facility. The state is authorized to
  Rep. Frankel moved the adoption of the amendment, which failed of             enter into all such agreements as are necessary, including lease
adoption. The vote was:                                                         alternatives, to bring the facility to an operational state and to commence
                                                                                leasing of the facility.
Session Vote Sequence: 270
                                                                                   (3) Upon completion of the sexual predator secure treatment facility
Yeas—37                                                                         in Desoto County, the Martin Sexually Violent Predator Treatment and
Betancourt         Effman                    Kosmas        Sobel                Retaining Program shall be phased out, to be terminated within 1 year
Bloom              Frankel                   Lee           Stafford             of completion of the facility.
Boyd               Gottlieb                  Levine        Stansel              And the title is amended as follows:
Brown              Greene, A.                Miller, L.    Suarez
Bucher             Greenstein                Rayson        Turnbull               On page 4, line 1, of the bill
Bullard            Hafner                    Reddick       Wasserman Schultz
                                                                                after the semicolon insert: requiring the Correctional Privatization
Bush               Henriquez                 Ritchie       Wiles
                                                                                Commission to issue a request for proposal for the financing, design,
Chestnut           Heyman                    Ritter
                                                                                construction, acquisition, ownership, leasing, and operation of a
Cosgrove           Hill                      Ryan                               specified secure facility to house and rehabilitate certain sexual
Edwards            Jacobs                    Smith, C.                          predators; requiring the Department of Children and Families to issue
Nays—74                                                                         a request for proposal for the operation of the secure facility; providing
                                                                                authority for the commission to enter into a contract with a provider;
The Chair          Crady                     Jones         Pruitt               providing authority of the contractor with respect to financing of the
Albright           Crist                     Kelly         Putnam               project; providing authority of the state to enter into certain
Alexander          Crow                      Kilmer        Rojas                agreements; providing for termination of a specified program upon
Andrews            Detert                    Kyle          Rubio                completion of the facility;
Argenio            Diaz de la Portilla, R.   Lacasa        Russell
                                                                                  Rep. Murman moved the adoption of the amendment.
Argenziano         Dockery                   Littlefield   Sanderson
Arnall             Farkas                    Lynn          Sembler              Point of Order
Bainter            Fasano                    Maygarden     Smith, K.
Ball               Feeney                    Melvin        Sorensen              Rep. Bullard raised a point of order, under Rule 145, that the
Barreiro           Fiorentino                Merchant      Spratt               amendment was not germane.
Bense              Fuller                    Miller, J.    Starks                 The Chair [Speaker Thrasher] referred the point to the Chair of the
Bilirakis          Futch                     Minton        Sublette             Committee on Rules & Calendar. Pending a ruling, further
Bitner             Garcia                    Morroni       Trovillion           consideration of the bill, with pending amendment, was temporarily
Bronson            Gay                       Murman        Tullis               postponed.
Brummer            Goodlette                 Ogles         Villalobos
Byrd               Green, C.                 Patterson     Wallace               On motion by Rep. Pruitt, the rules were suspended and the House
Cantens            Harrington                Peaden        Wise                 moved to the order of—
Casey              Hart                      Posey
Constantine        Johnson                   Prieguez                           Motions Relating to Committee References
Votes after roll call:                                                            On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 2037 and
  Nays—Goode                                                                    2219 were withdrawn from the Committee on Health & Human Services
                                                                                Appropriations and placed on the appropriate Calendar.
   On motion by Rep. Murman, under Rule 142(h), the following late-
filed amendment was considered.                                                   On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 2419 was
                                                                                withdrawn from the Committee on Transportation & Economic
  Representative(s) Murman offered the following:                               Development Appropriations and placed on the appropriate Calendar.
826                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

Suspension of the Rules for Committee Meetings and Bills                      and insert in lieu thereof: 220.1835, F.S.; amending s.

  On motion by Rep. Pruitt, Chair of the Fiscal Responsibility Council,         And on page 2, line 17,
the rules were suspended and the Committee on Finance & Taxation              remove from the title of the bill: all of said line
was given permission to meet today, April 26, at 5:00 p.m., or upon
adjournment, whichever was later, and was given permission to file            and insert in lieu thereof: defining
notice no later than 1:30 p.m.
                                                                                Rep. Melvin moved the adoption of the amendment, which was
                                                                              adopted.
Motion

  On motion by Rep. Arnall, Chair of the Committee on Rules &                   Representative(s) Rayson offered the following:
Calendar, the rules were suspended and an amendment filing deadline           (Amendment Bar Code: 201641)
was set at 1:00 p.m. Thursday, April 27, for bills on the Special Order
Calendar for Thursday afternoon, April 27.                                      Amendment 2—On page 18, line 17 through page 19, line 31
                                                                              remove from the bill: all of said lines
Continuation of Special Orders
                                                                              and insert in lieu thereof:
   HB 2087—A bill to be entitled An act relating to charter schools;
creating s. 220.1835, F.S.; authorizing a tax credit for businesses that       Section 3.    Subsection (3) of section 228.0561, Florida Statutes, is
contribute facility space for use by a public charter school, or a core       amended to read:
facility for use as a public educational facility, for kindergarten through     228.0561 Charter Schools capital outlay funding.—
grade 12; providing requirements for receipt of the tax credit; limiting
the amount of the tax credit that may be granted annually; amending             Rep. Rayson moved the adoption of the amendment, which failed of
s. 228.056, F.S.; revising who is authorized to submit an application to      adoption.
convert an existing public school to a charter school; prohibiting
unlawful reprisals against district school board employees as a result of       Under Rule 121(b), the bill was referred to the Engrossing Clerk.
direct or indirect involvement in an application to establish a charter
school; establishing procedures for reviewing and deciding alleged              CS/HB 2063—A bill to be entitled An act relating to the Florida On-
unlawful reprisals; revising the date by which charter school                 Line High School; creating s. 228.082, F.S.; establishing the Florida On-
applications must be submitted to the district school board; revising the     Line High School; establishing a board of trustees; providing for
timeframe for charter school approval or denial; requiring the award of       membership, powers, duties, and organization of the board of trustees;
reasonable attorney fees and costs incurred to the prevailing party in a      requiring the board of trustees to annually prepare and submit a
charter school dispute; exempting conversion charter schools from being       legislative budget request; establishing provisions for the employment
counted toward the number of charter schools in the district for              of personnel of the board of trustees and the Florida On-Line High
purposes of a limit; authorizing district school boards or charter school     School; authorizing the establishment of a personnel loan or exchange
applicants to request an increase of the limit on the number of charter       program; requiring the board of trustees to establish priorities for
schools in the district; authorizing the establishment of academic,           student admissions; requiring the distribution of information relating to
artistic, or other standards as conditions for eligibility; requiring a       student enrollment procedures; requiring the submission of forecasted
charter school to comply with certain cost accounting and reporting           and actual student enrollments; providing requirements for the content
requirements; requiring a charter school governing board to consult           and custody of student and employee records; providing requirements
with the Department of Education when addressing how rates of                 for maintenance of financial records and accounts; providing funding
progress will be compared to those of comparable student populations in       requirements; designating the Orange County District School Board as
the charter; requiring a charter to address the capacity of the charter       the temporary fiscal agent of the Florida On-Line High School;
school; clarifying that a charter may not be renewed if grounds for           prohibiting the credit of the state from being pledged on behalf of the
nonrenewal have been documented; revising the timeframe for notice of         Florida On-Line High School; requiring the board of trustees to submit
renewal or termination of a charter; providing for the division of equity     a report; providing an effective date.
upon charter school nonrenewal or termination; providing notice of a tax
credit; defining “information services”; clarifying and conforming              —was read the second time by title.
terminology; amending s. 228.0561, F.S.; revising the calculation for the
funding allocation for charter school capital outlay; providing for the         The Committee on Education Appropriations offered the following:
division of equity upon charter school nonrenewal or termination;
creating s. 228.0581, F.S.; establishing a statewide conversion charter       (Amendment Bar Code: 282235)
school pilot program; providing intent and purpose; providing for               Amendment 1—On page 2, lines 13-15,
application for participation in the pilot program by school principals,      remove from the bill: all of said lines
parents, teachers, or school advisory council members; prohibiting
unlawful reprisals as a result of applying to participate in the pilot        and insert in lieu thereof: and one of whom shall be a representative
program; providing procedures for reviewing and deciding alleged              of the fiscal agent, and one of whom shall be the Chief Information
unlawful reprisals; providing requirements for district school boards;        Officer or his designee from the State Technology Office pursuant to HB
establishing a program selection panel and providing membership and           2075, 2000 Regular Session, or similar legislation. The board shall be a
duties; authorizing grants to participating districts and reductions in       public agency entitled to
funding for violations of requirements; requiring annual progress
reports; providing an effective date.                                           Rep. Melvin moved the adoption of the amendment, which was
                                                                              adopted.
  —was read the second time by title.
                                                                                The Committee on Education Appropriations offered the following:
  The Committee on Finance & Taxation offered the following:
                                                                              (Amendment Bar Code: 040227)
(Amendment Bar Code: 864523)
                                                                                Amendment 2—On page 2, line 21,
  Amendment 1 (with title amendment)—On page 3, line 13                       remove from the bill: “after”
through page 4, line 13, and on page 18, lines 15-16,
remove from the bill: all of said lines                                       and insert in lieu thereof: of

And the title is amended as follows:                                            Rep. Melvin moved the adoption of the amendment, which was
                                                                              adopted.
  On page 1, lines 3-10,
remove from the title of the bill: all of said lines                            The Committee on Education Appropriations offered the following:
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        827

(Amendment Bar Code: 185747)                                                  district. By October 1, 2001, the department shall select the participating
                                                                              districts based on the quality of their applications.
  Amendment 3—On page 5, lines 10-11,
remove from the bill: all of said lines                                         (4) The department shall provide technical assistance to selected
                                                                              school districts to establish model peer assistance and review programs.
and insert in lieu thereof: for admission of students.
                                                                                (5) The school districts selected to establish model peer assistance
  Rep. Melvin moved the adoption of the amendment, which was                  and review programs shall receive by December 1, 2001, an allocation
adopted.                                                                      from the department as established in the General Appropriations Act.
  The Committee on Education Appropriations offered the following:              (6) During the 2002-2003 fiscal year, the department shall assess the
                                                                              results of the selected model peer assistance and review programs and
(Amendment Bar Code: 314933)                                                  shall submit a report to the Governor, the President of the Senate, and
                                                                              the Speaker of the House of Representatives by March 1, 2003. The report
  Amendment 4—On page 7, lines 2-3,
                                                                              must include the department’s recommendation as to the continuation or
remove from the bill: all of said lines
                                                                              expansion of peer assistance and review programs.
and insert in lieu thereof: Florida On-Line High School shall ensure
                                                                              And the title is amended as follows:
  Rep. Melvin moved the adoption of the amendment, which was                    On page 1, line 29 after the semicolon,
adopted.
                                                                              insert: creating s. 231.315, F.S.; providing for the establishment of
   Representative(s) Wise, Posey, Littlefield, and Wallace offered the        model peer assistance and review programs; providing for minimum
following:                                                                    standards; providing for technical assistance and allocations; requiring
(Amendment Bar Code: 893281)                                                  a report to the Governor, the President of the Senate, and the Speaker
                                                                              of the House of Representatives;
  Amendment 5 (with title amendment)—On page 8, between lines
                                                                                Rep. Posey moved the adoption of the amendment.
12 and 13,

insert:                                                                       Point of Order

  Section 2. Section 231.315, Florida Statutes, is created to read:            Rep. Melvin raised a point of order, under Rule 145, that the
                                                                              amendment was not germane.
  231.315 Peer assistance and review.—
                                                                                Subsequently, Amendment 5 was withdrawn.
  (1) The Legislature, the education community, and the public expect
high standards of professional practice from school administrators and          Under Rule 121(b), the bill was referred to the Engrossing Clerk.
instructional staff. To promote high professional standards,                    CS/HB 1129—A bill to be entitled An act relating to Medicaid
administrators and instructional staff must develop a system of shared        managed health care; amending s. 409.912, F.S.; authorizing the Agency
accountability. Peer assistance and review is a process in which highly       for Health Care Administration to contract with entities providing
skilled instructional personnel serve in a consulting role with their peers   behavioral health care services to certain Medicaid recipients in certain
to improve the quality of classroom instruction. Peer assistance and          counties under certain circumstances; providing requirements;
review allows administrators and instructional personnel to share the         providing limitations; providing definitions; providing an effective date.
responsibility of mentoring, training, assisting, and reviewing the
professional standards and practices of instructional personnel.                —was read the second time by title.
 (2) Peer assistance and review programs must meet the following                Representative(s) Murman offered the following:
minimum standards:
                                                                              (Amendment Bar Code: 583437)
  (a) Program provisions must be developed through the collective
bargaining agreement between the teachers’ association and the school           Amendment 1—On page 2, between lines 19 and 20 of the bill
district.
                                                                              insert:
  (b) A joint instructional personnel and school district governing body
must be created with responsibility to review recommendations of the            c. An entity that is providing comprehensive behavioral health care
consulting peer instructional personnel.                                      services to certain Medicaid recipients through an administrative
                                                                              services organization agreement. Such an entity must possess the clinical
  (c) Consulting peer instructional personnel must be recognized by           systems and operational competence to provide comprehensive health
their peers as highly skilled practitioners and must be selected by their     care to Medicaid recipients. As used in this paragraph, the term
peers.                                                                        “comprehensive behavioral health care services” means covered mental
                                                                              health and substance abuse treatment services that are available to
  (d) Consulting peer instructional personnel must be properly                Mediciad recipients. Any contract awarded under this paragraph must
compensated and trained.                                                      be competitively procured. The agency must ensure that Medicaid
                                                                              recipients have available the choice of at least two managed care plans
  (e) Consulting peer instructional personnel must provide assistance         for their behavioral health care services.
and review for instructional personnel with the same area of expertise as
the consulting peer instructional personnel member.                             Rep. Murman moved the adoption of the amendment, which was
                                                                              adopted.
  (f) Consulting peer instructional personnel must not be considered
administrative personnel and must retain status within the employees’           Under Rule 121(b), the bill was referred to the Engrossing Clerk.
collective bargaining unit.
                                                                                CS/HB 827—A bill to be entitled An act relating to the designation of
  (3) For fiscal years 2001-2002 and 2002-2003, up to six school              buildings and facilities; designating the baseball field at Florida A & M
districts may be selected to establish model peer assistance and review       University as the “Oscar A. Moore-Costa Kittles Baseball Field”;
programs. At least one district selected must have less than 6,000            designating the tennis courts at Florida A & M University as the “Althea
students, and at least one district selected must have more than 100,000      Gibson Tennis Courts”; designating the Athletic Center at Florida
students. Districts that intend to apply for selection must submit an         Atlantic University’s Boca Raton Campus as the “Tom Oxley Athletic
application to the Department of Education by March 1, 2001, which            Center and Fields”; designating a new Fine Arts Building at Florida
includes the agreement between the teachers’ association and the school       Atlantic University’s John D. MacArthur Campus in Jupiter as the
828                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                             April 26, 2000

“Hibel Fine Arts Building”; designating new classroom and office space          Rep. Pruitt moved the adoption of the amendment, which was
for the College of Business at Florida Atlantic University’s Boca Raton       adopted.
Campus as the “Carl DeSantis Pavilion”; designating the new
presidential residence at Florida Atlantic University’s Boca Raton             On motion by Rep. Boyd, under Rule 142(h), the following late-filed
Campus as the “Eleanor R. Baldwin House”; designating Academic                amendment was considered.
Building #2 at Florida Gulf Coast University as “Charles B. Reed Hall”;
                                                                                Representative(s) Boyd and Bradley offered the following:
designating the Student Services Building at Florida Gulf Coast
University as “Roy E. McTarnaghan Hall”; designating the Seminole             (Amendment Bar Code: 522233)
Golf Course at Florida State University as the “Don A. Veller Seminole
Golf Course”; designating Building #76 at Florida State University as           Amendment 2 (with title amendment)—On page 5, between lines
“William A. Tanner Hall”; designating Building #1012 on the Panama            24 and 25,
City Campus of Florida State University as the “Larson M. Bland
Conference Center”; designating the new clubhouse building at the             insert:
Seminole Golf Course at Florida State University as the “David                  Section 22. The Public Health Institute at Florida Agricultural and
Middleton Golf Center”; designating the Administration Building at the        Mechanical University, and the building or the portion of any building
University of Central Florida as “Millican Hall”; designating the             in which the institute is housed, is designated as the “James T. Hargrett,
Humanities and Fine Arts Building at the University of Central Florida        Jr., Public Health Institute,” which designation shall continue if the
as “Colbourn Hall”; designating the facility to house the Honors College      institute gains status as a school or college.
at the University of Central Florida as “Burnett Hall”; designating the
Cancer Center at the University of Florida as the “Jerry W. and Judith          Section 23. The IFAS North Florida Research and Education Center
S. Davis Cancer Center”; designating the University Athletic Center at        located at Quincy, Florida, is designated as the “Fount May, Sr.,
the University of Florida as the “L. Gale Lemerand Athletics Center”;         Research Center.”
designating the tennis facility at the University of Florida as the “Alfred
A. Ring Tennis Complex”; designating the Center for the Performing            And the title is amended as follows:
Arts at the University of Florida as the “Curtis M. Phillips Center for the
                                                                                On page 2, line 27, after the semicolon,
Performing Arts”; designating the Golf Management and Learning
Center at the University of North Florida as the “John and Geraldine          insert: designating the Public Health Institute at Florida Agricultural
Hayt Golf Management and Learning Center”; designating the student            and Mechanical University as the “James T. Hargrett, Jr., Public Health
residence currently known as Gamma Hall at the University of South            Institute”; designating the IFAS North Florida Research and Education
Florida as “Betty Castor Hall”; designating the School of Architecture        Center as the “Fount May, Sr., Research Center”;
building at the University Park Campus of the Florida International
University as the “Paul L. Cejas School of Architecture Building”;              Rep. Boyd moved the adoption of the amendment.
designating the new residence hall at the University of West Florida as
“John G. Martin Hall”; designating the renovated student services area          Further consideration of CS/HB 827, with pending amendment, was
at the University of Central Florida as the “Jimmy A. Ferrell Student         temporarily postponed under Rule 141.
Services Commons”; designating the state veterans’ home in Pembroke
Pines as the “Alexander ‘Sandy’ Nininger, Jr., State Veterans’ Nursing          CS/HB 1941—A bill to be entitled An act relating to cigarettes;
Home”; authorizing the respective universities to erect suitable              amending s. 210.05, F.S.; requiring the Division of Alcoholic Beverages
markers; providing an effective date.                                         and Tobacco to design cigarette tax stamps that will permit
                                                                              identification of the agent or wholesale dealer that affixes the stamp;
  —was read the second time by title.                                         creating s. 210.185, F.S.; prohibiting the sale and distribution of certain
                                                                              cigarettes not intended for sale or distribution in this country; providing
  Representative(s) Pruitt and Sembler offered the following:                 for criminal penalties, administrative sanctions, and unfair trade
                                                                              practices; providing definitions; providing for enforcement by the
(Amendment Bar Code: 894015)                                                  Division of Alcoholic Beverages and Tobacco; amending s. 210.19, F.S.;
                                                                              requiring the division to maintain specified records; providing
  Amendment 1 (with title amendment)—On page 6, between lines
                                                                              severability; providing an effective date.
9 & 10,

insert:                                                                         —was taken up, having been read the second time, and amended,
                                                                              earlier today.
  Section 27. The Bartow Agricultural Center is hereby redesignated
as the “Bob Crawford Agricultural Center.”                                      The question recurred on the motion by Rep. Garcia that, under Rule
                                                                              142(h), a late-filed amendment be allowed for consideration, which was
  Section 28. The Science and Education Building at the Southeast             not agreed to.
Campus of Florida Atlantic University in Davie is renamed the “Senator
James A. Scott Building.”                                                     Reconsideration

  Section 29.   Frank Wacha Bridge designation; markers.—                       On motion by Rep. Albright, the House agreed to reconsider the vote
                                                                              by which Amendment 2 was adopted. The vote was:
  (1) The bridge on the Jensen Beach Causeway in Martin County is
hereby designated as the “Frank Wacha Bridge.”                                Session Vote Sequence: 271

  (2) The Department of Transportation is directed to erect suitable          Yeas—75
markers designating the “Frank Wacha Bridge” as described in
                                                                              The Chair         Bilirakis          Chestnut                  Goode
subsection (1).
                                                                              Albright          Bitner             Crist                     Goodlette
And the title is amended as follows:                                          Alexander         Boyd               Detert                    Green, C.
                                                                              Andrews           Bradley            Diaz de la Portilla, R.   Hafner
  On page 3, line 8, after the semicolon,                                     Argenio           Bronson            Dockery                   Harrington
insert: designating the Bartow Agricultural Center as the “Bob                Argenziano        Brown              Farkas                    Hart
Crawford Agricultural Center;” designating the Science and Education          Arnall            Brummer            Fasano                    Heyman
Building at the Southeast Campus of Florida Atlantic University in            Bainter           Bucher             Feeney                    Hill
Davie as the “Senator James A. Scott Building”; designating a bridge on       Ball              Bullard            Fiorentino                Jacobs
the Jensen Beach Causeway in Martin County as the “Frank Wacha                Bense             Byrd               Flanagan                  Jones
Bridge”;                                                                      Betancourt        Casey              Fuller                    Kelly
April 26, 2000                               JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      829

Kilmer             Melvin                    Peaden               Spratt              The Honorable John Thrasher, Speaker
Kosmas             Merchant                  Posey                Starks
Lawson             Miller, J.                Pruitt               Turnbull              I am directed to inform the House of Representatives that the Senate
Levine             Miller, L.                Putnam               Wallace             has concurred in the House amendments and passed CS for SB 106; SB
Littlefield        Minton                    Ritchie              Wasserman Schultz   184 and SB 842, as amended.
Logan              Murman                    Russell              Wiles                                                          Faye W. Blanton, Secretary
Lynn               Ogles                     Sembler              Wise
Maygarden          Patterson                 Smith, K.                                First Reading by Publication
Nays—26                                                                               The Honorable John Thrasher, Speaker
Barreiro           Eggelletion               Lee                  Stansel               I am directed to inform the House of Representatives that the Senate
Bloom              Frankel                   Morroni              Suarez
                                                                                      has passed SB 932 and requests the concurrence of the House.
Bush               Garcia                    Prieguez             Sublette
Cantens            Gay                       Reddick              Trovillion                                                     Faye W. Blanton, Secretary
Cosgrove           Henriquez                 Ritter               Villalobos
                                                                                        By Senator Sebesta—
Crady              Johnson                   Roberts
Effman             Lacasa                    Rubio                                      SB 932—A bill to be entitled An act relating to the tax on sales, use,
Votes after roll call:                                                                and other transactions; repealing s. 212.18(5), F.S., which imposes an
  Yeas—Sobel                                                                          additional annual registration fee on dealers who have taxable sales or
                                                                                      purchases of $30,000 or more, and s. 212.20(6)(d), F.S., which provides
   The question recurred on the adoption of the amendment, which failed               for deposit of the proceeds of such fees in the Solid Waste Management
of adoption. The vote was:                                                            Trust Fund; amending ss. 212.20, 218.65, and 288.1169, F.S.; for the
Session Vote Sequence: 272                                                            sole purpose of conforming cross-references; providing an effective date.

Yeas—41                                                                                 Referred to the Calendar of the House.

Alexander          Diaz de la Portilla, R.   Lawson               Smith, C.           Motion to Adjourn
Barreiro           Edwards                   Lee                  Stafford
Bitner             Eggelletion               Maygarden            Stansel               Rep. Arnall moved that the House adjourn for the purpose of holding
Bloom              Frankel                   Morroni              Starks              committee meetings and conducting other House business, to reconvene
Bradley            Garcia                    Prieguez             Suarez              at 9:20 a.m., Thursday, April 27. The motion was agreed to.
Bronson            Gay                       Rayson               Sublette
Bush               Gottlieb                  Reddick              Tullis              Recorded Votes
Cantens            Henriquez                 Ritchie              Villalobos
                                                                                      Rep. Cosgrove:
Casey              Hill                      Roberts
Cosgrove           Johnson                   Rojas                                      Yeas—HB 2165
Crady              Lacasa                    Rubio
                                                                                      Rep. Crow:
Nays—69
                                                                                        Nays—motion to consider a late-filed amendment to HB 1599
The Chair          Dockery                   Kelly                Putnam
Albright           Effman                    Kilmer               Ritter              Rep. Harrington:
Andrews            Farkas                    Kosmas               Russell
Argenio            Fasano                    Levine               Ryan                  Yeas—SB 58; HB 1579
Arnall             Feeney                    Littlefield          Sanderson
                                                                                      Rep. Logan:
Bainter            Fiorentino                Logan                Sembler
Ball               Flanagan                  Lynn                 Smith, K.             Yeas—Amendment 27 to HB 2393
Bense              Fuller                    Melvin               Sobel
Betancourt         Goode                     Merchant             Spratt                Nays—Amendment 10 to HB 2125
Bilirakis          Goodlette                 Miller, J.           Trovillion
                                                                                      Rep. Sublette:
Boyd               Green, C.                 Miller, L.           Turnbull
Brown              Greene, A.                Minton               Wallace               Yeas—CS for SB 10; SB 58; CS for SB 94; SB 114; CS/CS/HB 137; SB
Brummer            Hafner                    Murman               Wasserman Schultz   156; SB 172; HB 253; CS/HB 279; CS/HB 293; CS/HB 329; CS/HB 339;
Bucher             Harrington                Ogles                Wiles               CS for CS for SB 352; CS/HB 375; HB 377; CS/CS/HB 383; CS/HB 399;
Bullard            Hart                      Patterson            Wise                HB 407; HB 431; HB 509; HB 549; CS/HB 571; CS/CS/HB 615; HB 625;
Byrd               Heyman                    Peaden                                   HB 679; HB 683; CS for CS for SB 714; SB 718; passage of SB 718 after
Chestnut           Jacobs                    Posey
                                                                                      reconsideration; CS/HB 785; HB 801; SB 828; SB 836; SB 838; HB 839;
Crist              Jones                     Pruitt
                                                                                      HB 847; SB 902; HB 925; HB 937; HB 943; HB 949; CS/CS/HB 951;
  Under Rule 121(b), the bill was referred to the Engrossing Clerk.                   CS/HB 955; HB 965; HB 969; CS/CS/HB 1005; HB 1007; CS/HB 1123;
                                                                                      CS/HB 1137; HB 1141; HB 1157; CS/HB 1195; HB 1443; CS/HB 1457;
Messages from the Senate                                                              CS/HB 1479; HB 1481; HB 1503; HB 1505; HB 1507; HB 1529; CS/HB
                                                                                      1539; HB 1549; HB 1551; HB 1561; HB 1563; CS/HB 1575; HB 1579; HB
The Honorable John Thrasher, Speaker                                                  1593; HB 1605; HB 1609; HB 1613; CS/HB 1631; HB 1633; HB 1635; HB
  I am directed to inform the House of Representatives that the Senate                1637; HB 1669; HB 1671; HB 1679; HB 1683; HB 1687; HB 1713; HB
has passed CS/HB 4011; HBs 4021 and 4035; CS/HB 4043; HB 4049;                        1717; CS/HB 1723; CS/HB 1735; HB 1769; HB 1773; HB 1789; HB 1793;
and CS/HB 4051.                                                                       HB 1797; HB 1803; HB 1853; CS/HB 1901; HB 1917; HB 1919; HB 1925;
                                                                                      CS/HB 1983; CS/HB 1991; HB 2019; HB 2055; HB 2065; HB 2067; HB
                                                        Faye W. Blanton, Secretary
                                                                                      2071; HB 2075; HB 2095; HB 2099; HB 2111; HB 2123; HB 2165; HB
  The above bills were ordered enrolled.                                              2195; HB 2301; HB 2305; HB 2375
830                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 26, 2000

Prime Sponsors                                                               617.0721, 617.0831, 712.01, 723.0751, 849.085, and 849.0931, F.S.;
 HB 2393—Fasano, Fiorentino                                                  conforming cross references; amending s. 849.094, F.S.; transferring
                                                                             from the Division of Licensing of the Department of State to the
Cosponsors                                                                   Department of Agriculture and Consumer Services certain functions
 HB 117—Levine, Villalobos                                                   relating to the regulation of game promotions; requiring the Secretary
 HB 191—Lynn                                                                 of State to make a report to the Legislature on recommended statutory
 CS/HBs 299 & 231—Bullard                                                    changes; providing effective dates.
 HB 369—Argenio
 HB 497—Murman                                                                 First reading by publication (Art. III, s. 7, Florida Constitution).
 CS/CS/HB 567—Sobel                                                            Referred to the Calendar of the House.
 HB 679—Lynn, Murman
 CS/CS/HB 855—Fasano, Feeney, Littlefield, Lynn                                By the Committee on Insurance; Representatives Bainter, Waters,
 HB 1041—Kelly                                                               Patterson, Melvin, Argenio, Wiles, Dockery, Lawson, and Lee—
 HB 1125—Murman
                                                                               HB 2441—A bill to be entitled An act relating to workers’
 HB 1193—Morroni                                                             compensation; clarifying the legislative intent that the terms “net
 HB 1535—Henriquez                                                           premiums written” and “net premiums collected” as used in ch. 440,
 CS/CS/HB 1567—Lynn                                                          F.S., include ceded reinsurance premiums in accord with original intent;
 HB 1573—Gottlieb, Littlefield                                               amending s. 440.49, F.S.; revising the Special Disability Trust Fund’s
 CS/HB 1575—Murman                                                           annual assessment criteria relating to excluded ceded reinsurance
 CS/HB 1607—Murman                                                           premiums; amending s. 440.51, F.S.; revising criteria for annual
 HB 1821—Kelly                                                               estimates of certain administrative expenses; reducing the assessment
 CS/HB 1859—Kilmer                                                           rate for calendar year 2001; authorizing the Division of Workers’
 HB 1861—Kosmas                                                              Compensation of the Department of Labor and Employment Security to
 HB 1881—Chestnut                                                            recover certain underpayment of assessments; prohibiting recovery of
 HJR 1899—Gay                                                                certain underpayment of assessments; creating a Task Force on
 CS/HB 1901—Dockery, Fasano, Littlefield, Putnam                             Workers’ Compensation Administration for certain purposes; providing
 HB 1933—Gottlieb                                                            for membership; requiring the task force to study the way in which the
 CS/HB 1963—Argenziano, Bullard, Littlefield, Murman                         workers’ compensation system is funded and administered and make
 HB 1993—Jacobs                                                              recommendations to the Governor and the Legislature; requiring the
 HB 2105—Bilirakis, Detert, Lynn                                             Executive Office of the Governor to assist the task force; providing
 CS/HB 2339—Flanagan, Lynn                                                   responsibilities of the office; providing an appropriation; providing
 HR 9011—Futch                                                               severability; providing an effective date.
 HR 9095—Kosmas
                                                                               First reading by publication (Art. III, s. 7, Florida Constitution).
Withdrawals as Cosponsor
                                                                               Referred to the Calendar of the House.
 CS/HB 1807—Hart, Lawson, Morroni, Russell
                                                                               By Representative Fasano—
Introduction and Reference
                                                                                HB 2443—A bill to be entitled An act relating to taxation; amending
  By the Committee on Governmental Operations; Representative                s. 199.023, F.S.; revising the definition of a “beneficial interest” in a
Posey—                                                                       trust for intangible personal property tax purposes; amending s.
                                                                             199.052, F.S.; providing that a trustee is not responsible for returns and
   HB 2439—A bill to be entitled An act implementing recommendations
                                                                             is not required to pay annual tax on trust property; providing that a
of the Constitutional Transition Task Force appointed by the Secretary       Florida resident with a beneficial interest in a trust is responsible for
of State with respect to governmental reorganization; amending s.            returns and payment of tax for his or her equitable share; revising
15.01, F.S.; striking a reference to performance by the Secretary of State   provisions relating to the responsibilities of a bank or savings
of constitutional duties; amending s. 20.03, F.S.; redefining the term       association acting as agent of a trust other than as a trustee and
“Cabinet” as used in provisions relating to the structure of the executive   providing that its management or control shall not be used as a basis for
branch to conform to changes made to the State Constitution; amending        imposing the annual tax; providing that intangible assets managed by
s. 20.10, F.S.; providing for the structure of the Department of State and   a fiduciary or agent shall not have taxable situs in this state solely by
providing for the appointment, term of office, and duties of the head of     virtue of such management; amending s. 199.175, F.S.; revising the
the department; amending ss. 112.3144, 112.3145, 112.3148, and               definition of “any person domiciled in this state”; amending s. 199.183,
112.3149, F.S.; transferring certain functions relating to the disclosure    F.S.; providing that intangible personal property owned, managed, or
of financial interests and the reporting of gifts and honoraria by public    controlled by a trustee of a trust is exempt from the annual tax;
officers and employees from the Department of State to the Commission        amending s. 199.185, F.S.; providing that all accounts receivable are
on Ethics; amending s. 257.36, F.S.; requiring district officers and         exempt from intangible personal property taxes; revising application of
agencies to comply with certain laws relating to the management of           the exemption from the annual tax granted to natural persons and
records and revising provisions governing the destruction or disposition     increasing the exemption; providing intent; amending s. 199.292, F.S.;
of agency records; amending s. 415.1065, F.S.; revising a cross reference,   eliminating distribution of a portion of intangible personal property tax
to conform; amending s. 267.072, F.S.; revising the Great Floridians         revenues to the Revenue Sharing Trust Fund for Counties; amending s.
program administered by the Division of Historical Resources of the          212.20, F.S.; providing for distribution of a portion of sales and use tax
Department of State; amending s. 288.8175, F.S.; transferring from the       proceeds to the trust fund; amending s. 218.23, F.S.; providing for an
Department of Education to the Department of State certain functions         annual distribution from the trust fund to certain consolidated units of
relating to linkage institutes between certain educational institutions      local government; amending s. 288.1169, F.S.; correcting a reference;
and foreign countries; amending s. 403.7145, F.S.; conforming                repealing s. 218.251, F.S., which provides for an additional distribution
provisions relating to the recycling programs for the Capitol to changes     to certain consolidated governments, subject to annual appropriations;
made in the structure of the executive branch by the State Constitution;     providing an effective date.
renumbering and amending ss. 617.301-617.312, F.S., relating to
                                                                               First reading by publication (Art. III, s. 7, Florida Constitution).
homeowners’ associations, to remove such provisions from ch. 617, F.S.,
relating to corporations not for profit; amending ss. 617.0601, 617.0701,      HR 9135—Adopted earlier today
April 26, 2000                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       831

Reference                                                                    production”; amending s. 212.08, F.S.; revising application of the partial
                                                                             exemption for self-propelled, power-drawn, or power-driven farm
  HB 2427—Referred to the Calendar of the House.
                                                                             equipment used exclusively on a farm or in a forest in specified activities
  HB 2433—Referred to the Calendar of the House.                             and including rental or lease of such equipment in such exemption;
                                                                             reducing the rate of tax on such equipment; requiring that the
  HCR 2437—Referred to the Calendar of the House.                            purchaser, renter, or lessee sign a certificate regarding the use of such
                                                                             equipment; specifying effect of possession of such certificate by a seller
First Reading of Committee Substitutes by Publication
                                                                             or other dealer; amending s. 212.12, F.S., relating to promulgation of tax
 By the Committee on Finance & Taxation; Representatives Kyle,               brackets by the Department of Revenue, to conform; amending s. 212.06,
Maygarden, Andrews, Sublette, Crow, Argenio, Bense, Cantens,                 F.S.; revising the application of provisions which exempt from use tax
Waters, Johnson, and Tullis—                                                 a person who secures rock, fill dirt, or similar materials from a location
                                                                             he or she owns for use on his or her own property, to include corporations
  CS/HB 255—A bill to be entitled An act relating to tax on sales, use,
                                                                             and affiliated groups; providing effective dates.
and other transactions; amending s. 212.08, F.S.; providing an
exemption for diapers and incontinence undergarments; providing an             By the Committees on General Government Appropriations;
appropriation; providing for repeal; providing effective dates.              Environmental Protection; Water & Resource Management;
                                                                             Representatives Alexander, Betancourt, K. Smith, Boyd, Cantens, and
  By the Committee on Finance & Taxation; Representatives Fasano,
                                                                             Casey—
Fuller, Cantens, Greenstein, Johnson, Wallace, Bense, Edwards, and
Stansel—                                                                        CS/CS/HB 1757—A bill to be entitled An act relating to water
  CS/HBs 587 & 1073—A bill to be entitled An act relating to tax on          resources; amending s. 403.0882, F.S.; reorganizing and clarifying the
sales, use, and other transactions; amending s. 212.08, F.S.; revising the   section; providing findings and declaration; providing definitions;
amount of the exemption for industrial machinery and equipment used          directing the Department of Environmental Protection to initiate
in an expanding business; providing an effective date.                       rulemaking, by a specified date, to address facilities that discharge
                                                                             demineralization concentrate; creating a technical advisory committee
  By the Committees on Finance & Taxation; Regulated Services;               to assist in rule development; providing permitting requirements
Representatives Fasano, Gay, Merchant, Bitner, Sembler, Andrews,             relating to failure of toxicity tests due to naturally occurring
Levine, Henriquez, and Gottlieb—                                             constituents; providing requirements for discharge of demineralization
                                                                             concentrate from small water utility businesses; providing additional
   CS/CS/HB 725—A bill to be entitled An act relating to pari-mutuel
                                                                             rulemaking authority; amending s. 403.061, F.S.; providing an
wagering; amending s. 212.20, F.S.; providing for an annual distribution
                                                                             exemption allowing demineralization concentrate mixing zones in
of sales and use tax proceeds to the counties in lieu of funds distributed
                                                                             Outstanding Florida Waters if specific requirements are met; creating
under s. 550.135, F.S.; providing for existing obligations and bonded
indebtedness; amending s. 550.135, F.S.; eliminating distribution of         s. 403.065, F.S.; providing findings and declarations; providing for
funds from the Pari-mutuel Wagering Trust Fund to the counties;              classification and permitting of aquifer storage and recovery wells;
amending s. 550.0951, F.S.; providing that the daily license fee tax         providing a zone of discharge for aquifer storage and recovery wells
credit provided by said section and the $360,000 or $500,000 tax             meeting specific criteria; providing monitoring requirements for aquifer
exemption provided by s. 550.09514(1), F.S., may be applied to any tax       storage and recovery wells; requiring an aquifer exemption for aquifer
and daily license fees imposed under ch. 550, F.S.; removing restrictions    storage and recovery wells not exceeding primary drinking water
on the transfer of the daily license fee tax credit by greyhound             standards other than total coliform bacteria or sodium; requiring the
permitholders; authorizing transfer of the $360,000 or $500,000 tax          department to make a reasonable effort to issue or deny permits within
exemption by a greyhound permitholder to a greyhound permitholder            90 days; providing the department with rulemaking authority to
that acts as host track to such permitholder for intertrack wagering;        implement this section; amending s. 287.042, F.S.; adding the water
providing for repayment; providing for rules; reducing the taxes on          management districts to the agencies that can require bid protesters to
handle for greyhound dogracing, for intertrack wagering when the host        file a bond; amending s. 197.432, F.S.; conforming cross references;
track is a dog track, and for intertrack wagers accepted by certain dog      amending s. 197.502, F.S.; authorizing local governments to file tax deed
tracks; providing exceptions; removing the additional tax on the             applications in a specified manner; amending s. 197.522, F.S.;
surcharge on winning tickets; specifying the rate of the tax on handle for   conforming a cross reference; amending s. 199.1055, F.S.; broadening
greyhound simulcast races received from outside the United States;           the contaminated site rehabilitation tax credit against the intangible
eliminating deposit into the General Revenue Fund of a portion of the        personal property tax to include in the preapproved advanced cleanup
admission tax, tax on handle, and breaks tax imposed under said              program petroleum-contaminated sites and other contaminated sites at
section; amending s. 550.09514, F.S.; revising application and               which cleanup is undertaken pursuant to a voluntary rehabilitation
administration of the $360,000 or $500,000 tax exemption provided by         agreement with the Department of Environmental Protection under
said section; providing for payment of additional purses by greyhound        certain circumstances; amending s. 212.08, F.S.; providing an
permitholders in an amount equal to a percentage of the tax reduction        exemption from the sales and use tax for building materials used in the
resulting from the reduction of the taxes on handle; providing               rehabilitation of real property located in a designated brownfield area;
requirements with respect thereto; providing for audits; amending s.         providing an exemption from the sales and use tax for business property
550.09515, F.S.; providing for deposit of the tax on handle for certain      purchased for use by businesses located in a designated brownfield area;
intertrack wagering on certain horseracing in the Pari-mutuel                amending s. 212.096, F.S.; providing for a brownfield area jobs credit
Wagering Trust Fund rather than the General Revenue Fund; creating           against the sales and use tax; amending s. 220.181, F.S.; providing for
s. 550.1647, F.S.; authorizing a credit against taxes imposed under ch.      a designated brownfield area jobs credit against the corporate income
550, F.S., for unclaimed ticket amounts that are remitted to the state by    tax; amending s. 220.182, F.S.; providing for a designated brownfield
greyhound permitholders; providing for payments to organizations that        area property tax credit against the corporate income tax; amending s.
promote the adoption of greyhounds; providing for retention of breaks by     220.183, F.S.; providing a partial credit against the corporate income tax
greyhound permitholders; amending ss. 288.1169 and 849.086, F.S.;            for community contributions that benefit designated brownfield areas;
correcting references; providing an effective date.                          amending s. 220.1845, F.S.; broadening the contaminated site
  By the Committee on Finance & Taxation; Representative Putnam—             rehabilitation tax credit against the corporate income tax to include in
                                                                             the preapproved advanced cleanup program petroleum-contaminated
  CS/HB 1105—A bill to be entitled An act relating to tax on sales, use,     sites and other contaminated sites at which cleanup is undertaken
and other transactions; amending s. 212.02, F.S.; defining “agricultural     pursuant to a voluntary rehabilitation agreement with the Department
832                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

of Environmental Protection under certain circumstances; amending s.           circumstances; amending ss. 712.01 and 712.03, F.S.; modifying
290.007, F.S.; providing for state incentives in designated brownfield         definition of “covenant and restriction”; prohibiting subsequent property
areas; creating s. 376.30702, F.S.; creating the Florida State-Owned-          owners from removing certain deed restrictions under other provisions
Lands Cleanup Program; providing intent; directing the Department of           of the Marketable Record Title Act; repealing s. 211.3103(9), F.S.,
Environmental Protection to use existing site priority ranking and             relating to certain requirements for counties accepting donations of
cleanup criteria; amending s. 376.30781, F.S.; broadening the partial          reclaimed land; repealing s. 258.398, F.S., 1997, relating to designation
tax credits for the rehabilitation of certain contaminated sites; clarifying   of Lake Weir as an aquatic preserve; amending s. 373.083, F.S.;
provisions regarding the filing for the tax credits; amending s. 376.84,       authorizing water management district governing boards to delegate
F.S.; authorizing entities approved by the local government for the            certain activities to the executive director or other staff; directing the
purpose of redeveloping brownfield areas to use tax increment                  governing boards to establish the scope and terms of any delegated
financing; authorizing levy of special assessments under certain               activity; providing for an appeals process to the governing board;
circumstances; amending s. 376.86, F.S.; increasing the limits of the          amending s. 373.323, F.S.; providing additional licensure requirements
state loan guaranty in brownfield areas; creating s. 376.876, F.S.;            for water well contractors; amending s. 373.324, F.S.; providing a
providing for a Brownfield Redevelopment Grants Program in the                 continuing education requirement for license renewal; providing for
Department of Environmental Protection; specifying the uses of grant           rules; amending s. 373.406, F.S.; authorizing a water management
funds; requiring matching funds; authorizing the department to adopt           district or the Department of Environmental Protection to provide
rules; repealing s. 211.3103(9), F.S., relating to requirements for a          exemptions from pt. IV of ch. 373, F.S., relating to management and
county that accepts real property of mined or reclaimed land from              storage of surface waters, by rule; ratifying and affirming certain
phosphate mining companies to forfeit a portion of its share of severance      previously adopted rules; amending s. 403.088, F.S.; creating a process
tax equal to the value of property donated; amending s. 288.047, F.S.;
                                                                               by which water pollution operation permittees must notify the
requiring Enterprise Florida, Inc., to set aside each fiscal year a certain
                                                                               Department of Environmental Protection of any noncompliance action
amount of the appropriation for the Quick Response Training Program
                                                                               that may endanger public health or the environment; providing
for businesses located in a brownfield area; amending s. 288.107, F.S.;
                                                                               rulemaking authority; directing the department to notify permittees of
redefining the term “eligible business”; providing for bonus refunds for
                                                                               the existing emergency management communications process;
businesses that can demonstrate a fixed capital investment in certain
                                                                               amending s. 403.813, F.S.; prohibiting the department and the Board of
mixed use activities in the brownfield area; providing a limitation;
                                                                               Trustees of the Internal Improvement Trust Fund from limiting the
amending s. 288.905, F.S.; requiring Enterprise Florida, Inc., to develop
                                                                               number of vessels that can use single-family residential docks;
comprehensive marketing strategies for redevelopment of brownfield
                                                                               providing exceptions; amending s. 403.852, F.S.; revising definitions
areas; amending s. 376.301, F.S.; redefining the terms “antagonistic
                                                                               relating to the “Florida Safe Drinking Water Act”; providing for
effects,” “discharge,” “institutional controls,” “natural attenuation,” and
                                                                               transient noncommunity water systems; amending ss. 403.853,
“site rehabilitation” and defining the term “risk reduction”; creating s.
                                                                               403.8532, and 803.854, F.S.; revising provisions relating to drinking
376.30701, F.S.; extending application of risk-based corrective action
                                                                               water regulation, community water system loan funding, and waiver of
principles to all contaminated sites resulting from a discharge of
                                                                               disinfection and certified operator requirements for certain
pollutants or hazardous substances; providing for contamination
                                                                               noncommunity water systems; amending ss. 403.865, 403.866, 403.867,
cleanup criteria that incorporates risk-based corrective actions to be
                                                                               403.872, 403.875, and 403.88, F.S.; expanding provisions relating to
adopted by rule; providing clarification that cleanup criteria do not
                                                                               water and wastewater facilities personnel to include “water distribution
apply to offsite relocation or treatment; providing the conditions under
                                                                               systems,” as required by federal law; providing for a navigational access
which further rehabilitation may be required; providing contaminated
                                                                               channel in Santa Rosa County; requiring certain mitigation, disposal,
site mapping requirements; providing for a contaminated site registry;
                                                                               water protection, and inspection plans; requiring reports; providing
amending s. 376.3078, F.S.; modifying drycleaning facility site
                                                                               responsibility for costs; providing for an expedited process for state
rehabilitation criteria; amending s. 376.79, F.S.; defining the terms
                                                                               dredge and fill permits; providing for project criteria; providing an
“contaminant” and “risk reduction”; redefining the terms “natural
attenuation,” “institutional control,” and “source removal”; amending s.       effective date.
376.80, F.S.; allowing local governments or persons responsible for              By the Committee on Finance & Taxation; Representatives Waters,
brownfield area rehabilitation and redevelopment to use an existing            Farkas, R. Diaz de la Portilla, Argenio, and Bilirakis—
advisory committee; deleting the requirement that the advisory
committee must review and provide recommendations to the local                   CS/HB 1849—A bill to be entitled An act relating to tax on sales, use,
government with jurisdiction on the proposed brownfield site                   and other transactions; amending s. 212.08, F.S.; providing an
rehabilitation agreement; providing that the person responsible for site       exemption for child restraint systems for use in motor vehicles;
rehabilitation must notify the advisory committee of the intent to             providing for repeal; providing an effective date.
rehabilitate and redevelop the site before executing the brownfield site
rehabilitation agreement; requiring the person responsible for site              By the Committee on Finance & Taxation; Representative Bilirakis—
rehabilitation to hold a meeting or attend a regularly scheduled meeting
                                                                                 CS/HB 1915—A bill to be entitled An act relating to the excise tax on
of the advisory committee to inform the advisory committee of the
                                                                               documents; creating s. 201.205, F.S.; prohibiting the deliberate use of
outcome of the environmental assessment; requiring the person
                                                                               excess documentary stamps; providing criminal penalties; amending s.
responsible for site rehabilitation to enter into a brownfield site
                                                                               201.132, F.S.; deleting the requirement that the notation placed on a
rehabilitation agreement only if actual contamination exists; clarifying
                                                                               document under said section be signed; providing an effective date.
provisions relating to the required comprehensive general liability and
comprehensive automobile liability insurance; amending s. 376.81, F.S.;          By the Committees on Finance &                 Taxation;   Utilities   &
providing direction regarding the risk-based corrective action rule;           Communications; Representative Rojas—
requiring the department to establish alternative cleanup levels under
certain circumstances; amending s. 376.82, F.S.; providing immunity for          CS/HB 2415—A bill to be entitled An act relating to communications
liability regarding contaminated site remediation under certain                services; creating ch. 202, F.S., the Communications Services Tax
circumstances; creating s. 376.88, F.S.; providing for the Brownfield          Simplification Law; providing definitions; providing for taxation of the
Program Review Advisory Council; providing duties and                          sale of communications services, effective January 1, 2002; providing for
responsibilities; amending s. 403.973, F.S.; providing that projects           imposition of the tax on the sales price of communications services, the
located in a designated brownfield area are eligible for the expedited         cost of operating a substitute communications system, and the sales
permitting process; amending s. 190.012, F.S.; authorizing community           price of direct-to-home satellite service; providing for computation of tax
development districts to fund certain environmental costs under certain        rates by the Revenue Estimating Conference and for approval by the
April 26, 2000                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        833

Legislature; providing for collection and remittance of the taxes on           administration of local taxes; providing for an advisory committee to
communications services imposed by chapters 202 and 203, F.S., on a            advise the executive director of the department regarding
combined basis; providing a limitation on such taxes on certain                implementation of communications services taxes; amending s. 72.011,
interstate communications services; requiring the purchaser to obtain a        F.S.; authorizing taxpayers to contest assessments or denials of refund
direct-pay permit; providing exemptions for certain sales to residential       under ch. 202, F.S., in circuit court or pursuant to the Administrative
households, to governmental entities, and to certain religious or              Procedure Act; amending s. 213.05, F.S.; including ch. 202, F.S., within
educational organizations; providing legislative intent with respect to        the revenue laws for which the department has responsibility;
future findings of invalidity, exemptions, and local government                amending s. 212.20, F.S.; providing for distribution of portions of the
franchise fees; providing for credits for taxes paid in other jurisdictions;   communications services tax; amending s. 166.231, F.S.; providing that
providing special provisions for users of substitute communications            the exemption from the municipal public service tax for
systems; providing for payment and collection of the taxes on                  telecommunications services for resale includes resale by way of a
communications; providing for sales for resale; providing requirements         prepaid calling arrangement; providing that taxes not collected thereon
for registration of dealers of communications services; providing              prior to July 1, 2000, need not be paid; repealing s. 166.231(9), F.S.,
penalties; providing for fees; providing for annual resale certificates;       which provides for levy of the municipal public service tax on
providing procedures for revocation of registration; providing for             telecommunication services, effective January 1, 2002; conforming
disposition of the proceeds of the taxes on communications services;           language; amending s. 166.233, F.S.; conforming language; amending s.
authorizing counties and municipalities to levy a discretionary local          203.01, F.S.; providing that the exemption from the gross receipts tax for
communications services tax; providing intent regarding tax rates;             telecommunication services for resale includes resale by way of a
providing for imposition of a discretionary sales surtax levied by a           prepaid calling arrangement; providing for a gross receipts tax on
county or school board under s. 212.055, F.S., as a local communications       communications services, effective January 1, 2002, to be applied
services tax; providing for application of local taxes to substitute           pursuant to ch. 202, F.S.; providing for computation of the tax rate by
communications systems; providing a limitation on local taxes on               the Revenue Estimating Conference and for approval by the
certain interstate communications services; requiring the purchaser to         Legislature; amending s. 203.012, F.S.; removing and revising
obtain a direct-pay permit; providing for use of tax revenues; providing       definitions relating to the gross receipts tax, to conform; repealing s.
for credit against local taxes for fees required under a franchise             203.013, F.S., which provides for payment of the gross receipts tax on
agreement; providing for computation by the Revenue Estimating                 interstate private communications services, and ss. 203.60, 203.61,
Conference of the initial and maximum rates for local taxes and                203.62, and 203.63, F.S., which provide for payment of the gross receipts
providing for approval by the Legislature; providing for effectiveness of      tax on other interstate and international telecommunication services, to
the initial rates and for increase by emergency ordinance under certain        conform; amending s. 212.05, F.S.; providing that the sale or recharge
conditions; requiring providers of communications services and local           of a prepaid calling arrangement shall be treated as a sale of tangible
taxing jurisdictions to furnish information; providing for determination       personal property under ch. 212, F.S.; providing that the sale of
by the Revenue Estimating Conference of a rate conversion factor for           telecommunication services to a person who furnishes such services
counties and school boards that levy a discretionary sales surtax and          pursuant to such an arrangement is a sale for resale; providing that
providing for approval by the Legislature; providing for certain               taxes not collected thereon prior to July 1, 2000, need not be paid;
automatic rate reductions; providing for effective dates and notification      removing the imposition of tax under ch. 212, F.S., on
with respect to adoption, repeal, or rate changes of local taxes; providing    telecommunication service, telegraph messages, long distance telephone
procedures and requirements for determination of the local taxing              calls, and television system program service, effective January 1, 2002;
jurisdiction in which a service address is located; providing for creation     amending s. 212.054, F.S.; providing that charges for prepaid calling
of an electronic database by the Department of Revenue; providing for          arrangements are subject to discretionary sales surtaxes; conforming
certification of databases by the department; providing effect on dealers      language; amending s. 337.401, F.S.; providing requirements with
who do not use the specified methods for such determination; providing         respect to the authority of counties and municipalities to regulate the
procedures and requirements for refunds or credits of communications           placement of telecommunications facilities in the public roads or rights-
services taxes; specifying that the authority of public bodies to require      of-way; requiring certain notice to the Secretary of State; revising such
taxes or other impositions from dealers of communications services for         requirements, effective January 1, 2002, and providing for application
occupying roads and rights-of-way is preempted by the state; prohibiting       to providers of communications services; requiring municipalities and
public bodies from levying specified taxes and other charges; providing        charter counties and noncharter counties to choose whether or not to
for jurisdiction for suits against dealers; providing for dealers not          impose permit fees on such providers and providing requirements with
qualified to do business in this state; specifying powers of the               respect to such fees; providing effect of such choice on the rate of the
department; providing for rules; providing requirements for the filing of      local communications services tax under ch. 202, F.S., for the local
returns and payment of taxes; providing penalties; providing for rules         government; providing that the authority of municipalities and counties
for self-accrual; providing for a dealer’s credit; providing penalties for     to require franchise fees from such providers is preempted by the state;
failure to file returns or for filing false or fraudulent returns; providing   authorizing municipalities and counties to request certain in-kind
for credits or refunds for bad debts; requiring certain dealers to remit       requirements, institutional networks, and contributions from cable
taxes by electronic funds transfer and make returns through an                 service providers; providing for a legislative study with respect to state
electronic data interchange; providing for payment of taxes upon sale or       policy regarding such in-kind requirements and contributions;
quitting of business; providing for notice to certain persons regarding a      amending s. 212.031, F.S.; revising the exemption from the tax on the
dealer’s delinquency and providing such persons’ duties; providing a           lease or rental of or license in real property for streets or rights-of-way
penalty; providing for cooperation of state and local agencies; providing      and improvements located thereon used by a utility or cable television
that taxes collected become government funds; providing penalties for          company; including such exemption within provisions relating to leases
the theft of government funds; providing department powers regarding           involving multiple use of property; providing status of revenues received
warrants, tax executions, and writs of garnishment; providing                  under the act with respect to taxes or fees previously imposed and
recordkeeping requirements for dealers; providing a penalty;                   bonded indebtedness; providing appropriations and authorizing
authorizing sampling by the department; providing for examination of           positions; repealing the following, effective June 30, 2001: ss. 202.10,
records; providing for audits; providing for assessment of interest and        202.11, 202.20, 202.26, and 202.37, F.S., and ss. 3-11, 13-17, and 19-28
penalties; providing powers of the department to assess from estimates;        of the act, which constitute the creation of ch. 202, F.S., effective
requiring that taxes be separately stated; prohibiting certain                 January 1, 2002, to provide for the taxation of the sale of
advertising or refunds by dealers; providing a penalty; providing              communications services; ss. 33-35 of the act, which amend ss. 72.011,
department powers with respect to hearings, cash deposits or bonds, and        213.05, and 212.20, F.S., to provide related administrative provisions
subpoenas; providing for venue; providing special rules for the                effective January 1, 2002; ss. 38 and 39 of the act, which repeal s.
834                                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 26, 2000

166.231(9), F.S., and amend ss. 166.231 and 166.233, F.S., to remove          and treatment options, and to encourage them to take action by talking
levy of the municipal public service tax on telecommunication services        with their health care providers about options that build strong bones,
effective January 1, 2002; ss. 41-43 of the act, which amend ss. 203.01       protect the heart, reduce risk of cancer, and address clinical depression.
and 203.012, F.S., and repeal ss. 203.013 and 203.60-203.63, F.S., to
provide for a gross receipts tax on communications services, effective          —was read and adopted by publication pursuant to Rule 115.
January 1, 2002, to be applied pursuant to ch. 202, F.S.; ss. 48 and 49
of the act, which amend ss. 212.05 and 212.054, F.S., to remove the           Reports of Councils and Standing Committees
imposition of tax under ch. 212, F.S., on telecommunication service
                                                                              Committee Reports
effective January 1, 2002; s. 51 of the act, which amends s. 337.401, F.S.,
relating to the authority of counties and municipalities to regulate the      Received April 26:
placement of telecommunications facilities in roads and rights-of-way
and to impose permit fees and franchise fees, effective January 1, 2002;         The Committee on Criminal Justice Appropriations recommends the
and ss. 54 and 55 of the act, which provide for application of                following pass:
amendments made by the act; abolishing, on June 30, 2001, an advisory            CS/HB 589, with 1 amendment (fiscal note attached, unanimous)
committee appointed pursuant to the act; amending s. 337.401, F.S.,              CS/HB 1859, with 3 amendments (fiscal note attached, unanimous)
effective June 30, 2001, to remove amendments made by the act which              HB 1937 (fiscal note attached, unanimous)
take effect January 1, 2001; providing effective dates.                          HB 2325, with 1 amendment (fiscal note attached)

                                                                                The above bills were placed on the appropriate Calendar.
Ceremonial Resolutions
                                                                                 The Committee on Education Appropriations recommends the
Adoption by Publication                                                       following pass:
  At the request of Rep. Murman—                                                 CS/CS/HBs 63 & 77 and 891, 995, 2009 and 2135, with 8 amendments
                                                                                   (fiscal note attached, unanimous)
   HR 9133—A resolution commending the Woman Wise Alliance for its               HB 409, with 1 amendment (fiscal note attached)
efforts to educate women about health risks after menopause.                     CS/HB 1015, with 1 amendment (fiscal note attached, unanimous)
                                                                                 CS/HB 1673, with 1 amendment (fiscal note attached)
  WHEREAS, women after menopause lose estrogen, which puts them                  HB 1815, with 1 amendment (fiscal note attached, unanimous)
at higher risk of diseases such as osteoporosis, heart disease, breast           HB 2179, with 1 amendment (fiscal note attached)
cancer, and depression, and                                                      HB 2197 (fiscal note attached)
  WHEREAS, as a result of osteoporosis, the most common disease in               HB 2293 (fiscal note attached, unanimous)
a woman past menopause, a woman can lose up to one-third of her                  HB 2341, with 2 amendments (fiscal note attached, unanimous)
spinal bone mass during the six years after menopause, and forty                The above bills were placed on the appropriate Calendar.
percent of women over age 50 will develop an osteoporotic fracture, and
                                                                                The Committee on General Government Appropriations recommends
  WHEREAS, coronary heart disease kills more women than men each
                                                                              the following pass:
year, and one in two women will eventually die of heart disease or
                                                                                CS/HB 1755, with 2 amendments (fiscal note attached, unanimous)
stroke, and
                                                                                HB 2127, with 1 amendment (fiscal note attached, unanimous)
  WHEREAS, for women between ages 35 to 74, the death rate from                 CS/HB 2211, with 2 amendments (fiscal note attached, unanimous)
heart attack for black women is more than thirty percent higher than            HB 2225, with 1 amendment (fiscal note attached, unanimous)
that for white women, and                                                       CS/HB 2281, with 4 amendments (fiscal note attached, unanimous)
                                                                                HB 2323, with 1 amendment (fiscal note attached, unanimous)
  WHEREAS, one in every eight women will develop breast cancer                  HB 2351, with 1 amendment (fiscal note attached, unanimous)
during her lifetime and, after age 50, the risk increases dramatically,         HB 2355, with 1 amendment (fiscal note attached, unanimous)
with women in their 60’s twice as likely to get breast cancer as women          HB 2373 (fiscal note attached, unanimous)
in their 40’s, and                                                              HB 2403, with 3 amendments (fiscal note attached, unanimous)
  WHEREAS, a breast cancer survivor is ten times more likely to get             The above bills were placed on the appropriate Calendar.
osteoporosis because she is unable to take estrogen, and
                                                                                The Committee on Health & Human Services Appropriations
   WHEREAS, about seven million women in the United States are                recommends the following pass:
clinically depressed, elderly women are more prone to depression than           HB 931, with 1 amendment (fiscal note attached, unanimous)
elderly men, and only one in three women with depression will ever seek         CS/HB 1659, with 1 amendment (fiscal note attached, unanimous)
care, and
                                                                                The above bills were placed on the appropriate Calendar.
  WHEREAS, the years after menopause are the time when women can
do the most to prevent, identify, and treat osteoporosis, heart disease,       The Committee on Transportation & Economic Development
breast cancer, and depression, and                                            Appropriations recommends the following pass:
                                                                               CS/HBs 819 & 473, with 1 amendment (fiscal note attached,
  WHEREAS, the Woman Wise Alliance is a nonprofit, public education              unanimous)
network of women’s organizations, health advocacy groups, professional         HB 2317 (fiscal note attached)
organizations, and other groups committed to women’s health after
menopause, and its goal, through education and advocacy, is to educate          The above bills were placed on the appropriate Calendar.
women about the health risks after menopause and to motivate them to
                                                                                The Committee on Finance & Taxation recommends committee
seek appropriate health counsel, preventive screenings, and treatments
                                                                              substitutes for the following:
to ensure that women have access to the health care they need, NOW,
                                                                                CS/HB 725 (fiscal note attached, unanimous)
THEREFORE,
                                                                                HB 2415 (fiscal note attached, unanimous)
Be It Resolved by the House of Representatives of the State of Florida:
                                                                                The above committee substitutes were placed on the
 That the Woman Wise Alliance be commended for its efforts to help            appropriate Calendar, subject to review under Rule 113(b), and,
women understand their health risks and have access to all prevention         under the rule, CS/HB 725 and HB 2415 were laid on the table.
April 26, 2000                  JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                             835

  The Committee on General Government Appropriations recommends      The above committee substitutes were referred to the
a committee substitute for the following:                          Committee on General Government Appropriations, subject to
  CS/HB 1757 (fiscal note attached)                                review under Rule 113(b), and, under the rule, HBs 255, 587,
                                                                   1073, 1105, 1849, and 1915 were laid on the table.
  The above committee substitute was placed on the
appropriate Calendar, subject to review under Rule 113(b), and,    Excused
under the rule, CS/HB 1757 was laid on the table.
                                                                     Reps. Waters, Wilson
  The Committee on Finance & Taxation recommends the following
pass:                                                              Conference Committee Managers Excused
  CS/HB 1721, with 12 amendments (fiscal note attached)
                                                                     The following Conference Committee Managers were excused from
 The above bill was referred to the Committee on General           time to time:
Appropriations.
                                                                     HBs 2145 and 2147 (appropriations): Rep. Pruitt (Chair), Rep.
  The Committee on Finance & Taxation recommends the following     L. Miller (Vice Chair); At Large—Reps. Bradley, Lacasa, Jones, Feeney,
pass:                                                              Dockery, Garcia, Logan, Lawson, Maygarden, Wasserman Schultz,
  HB 317 (fiscal note attached, unanimous)
                                                                   Roberts, Bitner (alternate), and Bloom (alternate); Criminal Justice
  CS/HB 899, with 1 amendment (fiscal note attached, unanimous)
                                                                   Appropriations—Rep. Villalobos (Chair), Reps. Ball, Crist, Crady,
 The above bills were referred to the Committee on General         J. Miller, Ryan (alternate), and Bush (alternate); Education
Government Appropriations.                                         Appropriations—Rep. Wise (Chair), Reps. Chestnut, Constantine, Lynn,
                                                                   Melvin, Turnbull, Alexander (alternate), and Greenstein (alternate);
  The Committee on Finance & Taxation recommends the following     General Government Appropriations—Rep. Sembler (Chair), Reps.
pass:                                                              Byrd, Bense, Eggelletion, Minton, Gay (alternate), and Putnam
  CS/HB 1653, with 1 amendment (fiscal note attached, unanimous)   (alternate); Health & Human Services Appropriations—Rep. Sanderson
  The above bill was referred to the Committee               on    (Chair), Reps. Casey, Farkas, Hafner, Murman, Peaden, A. Greene
Transportation & Economic Development Appropriations.              (alternate), and Littlefield (alternate); Transportation & Economic
                                                                   Development Appropriations—Rep. Fuller (Chair), Reps. Crow, Kyle,
  The Committee on Finance & Taxation recommends committee         K. Smith, Reddick, Bronson (alternate), Harrington (alternate), and
substitutes for the following:                                     Johnson (alternate).
  HB 255 (fiscal note attached)
  HBs 587 & 1073 (fiscal note attached, unanimous)                 Adjourned
  HB 1105 (fiscal note attached, unanimous)
  HB 1849 (fiscal note attached)                                     Pursuant to the motion previously agreed to, the House adjourned at
  HB 1915 (fiscal note attached, unanimous)                        5:30 p.m., to reconvene at 9:20 a.m., Thursday, April 27.

				
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