1986 SUPPLEMENT TO
FLORIDA STATUTES 1985
CHAPTER 6 state the jurisdiction so relinquished ; provided, howev-
er, that the Governor shall not accept a relinquishment
ADMISSION INTO UNION; of all or part of such jurisdiction over an Indian tribe rec-
CONCESSIONS; STATE BOUNDARIES ognized by the United States without the consent of its
federally recognized tribal governing body,
6.075 Lands owned or controlled by United States De- (b) The Governor shall indicate his acceptance of
partment of Interior; Governor authorized to such relinquished jurisdiction by a writing addressed to
cede concurrent jurisdiction to enforce crimi- the head of the appropriate department or agency of the
nallaws. United States, and such acceptance shall be effective
when said writing is deposited in the United States mail.
6.075 Lands owned or controlled by United States History.-ss. 1, 2, 3, ch. 86- 67.
Department of Interior; Governor authorized to cede
concurrent jurisdiction to enforce criminal laws.-
(1 )(a) Whenever the United States Department of
the Interior, National Park Service, shall desire to acquire CHAPTER 7
concurrent jurisdiction to enforce criminal laws on any
lands owned or controlled by the United States Depart- COUNTY BOUNDARIES
ment of the Interior, National Park Service, within this 7.19 Franklin County.
state and shall make application for that purpose, the 7.65 Wakulla County.
Governor is authorized to cede to the United States De-
partment of the Interior, National Park Service, such 7.19 Franklin County.- The boundary lines of
measure of jurisdiction, not exceeding that requested, Franklin County are as follows: Beginning at a point on
as he may deem proper, over all or any part of such the Apalachicola River, known as the mouth of Black or
lands as to which a cession of the concurrent jurisdiction Owl Creek; thence northerly up the western bank of said
to enforce criminal laws is requested . creek to where the same intersects the middle section
(b) The application on behalf of the United States line of section twenty-six, township five south, range
Department of the Interior, National Park Service, shall eight west ; thence due east on the middle section line
state in particular the measure of jurisdiction desired to the thread of the Ochlockonee River; thence south
and shall be accompanied by an accurate description of and easterly following the thread of said river, and the
the lands over which such jurisdiction is desired and by thread of such channel thereof as may be necessary to
information as to which of such lands are then owned or include the islands in said river; to a point directly south
controlled by the United States Department of the Interi- of the southernmost point of Grass Island; thence along
or, National Park Service. a straight line to the center point of the U.S. 98 (State
(c) The cession of jurisdiction shall become effective Road 30) bridge across Ochlockonee Bay; thence east-
when it is accepted on behalf of the United States, southeast to a point directly north of the easternmost
which acceptance shall be indicated, in writing upon the point of James Island; thence easterly to the boundary
instrument of cession , by an authorized official of the line of the State of Florida; thence south and westerly
United States Department of the Interior, National Park along said boundary line, including the waters of the
Service, and by filing with the Secretary of State of the Gulf of Mexico within the jurisdiction of the State of Flori-
State of Florida. da, to the Forbes line, produced southerly; thence fol-
(2) The state reserves jurisdiction, for itself and its lowing the Forbes line to the Jackson River; thence fol-
political subdivisions, to enforce the laws on any lands low the Jackson River until it joins the Apalachicola Riv-
for which concurrent jurisdiction has been ceded to the er; thence northerly along the Apalachicola River to the
United States pursuant to this act. No person residing mouth of the Brothers River; thence follow the Brothers
on such lands shall be deprived of any civil or political River until it intersects the stream known as Brickyard
rights, including the right of suffrage, by reason of the Cutoff; thence follow Brickyard Cutoff to the Apalachico-
cession of concurrent jurisdiction to the United States la River; thence northerly along the thread of said river
Department of the Interior, National Park Service. to the place of beginning .
History,-Feb. 8, 1832; s. 1, ch. 412 , 1851; ch. 3624,1885; RS 18; GS 16; RGS
(3)(a) Whenever the United States tenders to the 18; CGL 20; s. 1, ch. 72-119; s. 1, ch . 86-288.
state a relinquishment of all or part of the jurisdiction
theretofore acquired by it over lands within this state, 7.65 Wakulla County.-The boundary lines of
the Governor is authorized to accept on behalf of the Wakulla County are as follows: Beginning on the range
s.7.65 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.11.147
line between ranges two and three east where the same (d) The executive director and the division directors
strikes the Gulf of Mexico; thence north on said range of the joint committee shall be chosen without reference
line to the north boundary of section thirty-six, township to political affiliation, solely on the basis of fitness to per-
two south, range two east; thence due west on the north form the duties assigned them .
line of said section thirty-six and other sections to the (4) The joint committee shall prepare and adopt
railroad leading from Tallahassee to St. Marks; thence rules and procedures governing the following matters:
north along said railroad two sections; thence west on (a) The purchase or acquisition by the Legislature of
the north line of section twenty, township two south, all supplies, capital outlay items, and other commodities
range one east, and other sections , to the thread of required for the proper functioning of the Legislature,
Ochlockonee River; thence southerly and easterly along Such rules and procedures shall govern all legislative
the thread of said river concurrent with the north and purchases as contemplated herein and shall be in ac-
east boundary of Franklin County to a point directly cord with, but not limited to, the following requirements:
south of the southernmost point of Grass Island; thence 1. A purchase in excess of the threshold amount
along a straight line to the center point of the U.S. 98 provided in s, 287.017 for CATEGORY TWO shall be
(State Road 30) bridge across Ochlockonee Bay; thence made only upon competitive bids received.
east-southeast to a point directly north of the eastern- 2. If the director of any division of the Legislature
most point of James Island; thence easterly to the determines that an emergency exists in regard to the
boundary line of the State of Florida in the Gulf of Mexi- purchase of any commodities, so that the delay incident
co; thence north and easterly along said gulf, including to giving opportunity for competitive bidding would be
the waters of said gulf within the jurisdiction of the State detrimental to the interests of the state, then the provi-
of Florida, to the place of beginning. sions herein for competitive bidding shall not apply and
Hialory.-s. 1. Mar. 11 , 1843; s. 1, ch. 414,1851; RS 22; GS 20; RGS 22; CGL 24; the director shall file with the joint committee a state-
s. 2, ch . 86-288.
ment under oath certifying the conditions and circum-
stances of the emergency. Upon receiving a statement,
the joint committee may authorize the purchase .
CHAPTER 11 3. There is excepted from bid requirements pur-
chaSing agreements, contracts, maximum price regula-
LEGISLATIVE ORGANIZATION, tions executed or approved by the joint committee, and
PROCEDURES, AND STAFFING noncompetitive items available from one source only. In
connection with the purchase of noncompetitive items
11.147 Joint Legislative Management Committee. only available from one source, a certification of the con-
11.42 The Auditor General. ditions and circumstances requiring the purchase shall
11.45 Definitions; duties; audits; reports. be filed with the joint committee, Upon receipt of such
certification, the jOint committee may, in writing, autho-
11.147 Joint Legislative Management Committee. rize the purchase.
(1) There is hereby created the Joint Legislative 4. Whenever two or more competitive bids are re-
Management Committee, which shall consist of three ceived , one or more of which relates to commodities
members of the House of Representatives appointed by manufactured within this state, and whenever all things
the Speaker of the House, one of whom shall be a mem- stated in such received bids are equal with respect to
ber of the minority party, and three members of the Sen- price, quality, and service, the commodities manufac-
ate appointed by the President of the Senate, one of tured within this state shall be given preference. A simi-
whom shall be a member of the minority party. lar preference shall be given to commodities manufac-
(2) If a vacancy occurs in the joint committee, the tured within this state whenever purchases are made
same shall be filled as provided for original appoint- without competitive bids , and when practical the joint
ments. committee may establish reasonable preferential poli-
(3)(a) The joint committee shall meet at times and cies for other commodities giving preference to resident
places necessary to perform the functions assigned to suppliers of this state. Any foreign manufacturing com-
it by law, and shall adopt rules and regulations for its pany with a factory in the state and with over 200 em-
own organization and operation and for the organization ployees working in the state shall have preference over
and operation of such management divisions as may be any other foreign company where both price and quality
deemed advisable from time to time by the jOint commit- are the same, regardless of where the product is manu-
tee in order to carry out the functions assigned by law factured .
to the jOint committee. It shall have general administra- 5. Any procedures adopted by the jOint committee
tive responsibility for the operation of such divisions. with reference to public printing must comply with the
(b) There shall be an executive director of the Joint provisions of chapter 283. However, if any division direc-
Legislative Management Committee who shall be ap- tor determines, from the nature of the type printing to be
pointed by majority vote of the joint committee. done, that it would be detrimental to the interests of the
(c) The executive director shall coordinate the activi- state to requisition certain printing through the joint
ties of all of the divisions of the joint committee . He shall committee due to delay incident to giving opportunity
have authority to hire and remove personnel of the joint for competitive bidding, unusual problems presented, or
committee and its divisions, except that division direc- any type of emergency, the division director may file
tors may be hired and removed by the executive director with the jOint committee a statement under oath certify-
only with the concurrence of the joint committee. ing his reasons therefor. Upon receipt of the statement,
s.11.147 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.11.42
the joint committee may, in writing, authorize the pur- 11.42 The Auditor General.-
chase contemplated by the division subject to the provi- (1) The Auditor General shall be appointed to office
sions of chapter 283. to serve at the pleasure of the Legislature, by a majority
6. All purchases or acquisition of supplies, capital vote of the members of the Legislative Auditing Commit-
outlay items, and other commodities within the purview tee, subject to confirmation by both houses of the Legis-
of this section shall be made on the lowest and best bid. lature. At the time of his appointment, the Auditor Gen-
(b) The vouchering of and reimbursement for author- eral shall have been certified under the Public Accoun -
ized travel by members and employees of the Legisla- tancy Law in this state for a period of at least 10 years
ture. and shall have had not less than 10 years' experience
(c) The adoption, with the approval of the President in a governmental agency or 10 years' experience in the
of the Senate and the Speaker of the House of Repre- private sector or a combination of 10 years' experience
sentatives, and administration of a uniform personnel, in government and the private sector. On or before De-
job classification, and pay plan for all legislative employ- cember 31 of the year following each decennial census,
the Legislative Auditing Committee shall review the per-
formance of the Auditor General and shall submit a re-
(d) Other matters deemed appropriate by the joint
port to the Legislature which recommends whether the
Auditor General should continue to serve in office. Va-
(5) The joint committee shall contract with an actuar-
cancies in the office shall be filled in the same manner
ial firm for the provision of actuarial services to those as the original appointment.
standing committees whose areas of responsibility in- (2)(a) To carry out his duties the Auditor General
clude the retirement systems supported by state funds, shall employ qualified persons necessary for the effi-
to other standing committees requiring such services, cient operation of his office and shall fix their duties and
and to administrators concerned with the operation of compensation and, with the approval of the Legislative
such retirement systems. The cost of such services, Auditing Committee, shall adopt and administer a uni-
whether in the form of actuarial studies or of special proj- form personnel, job classification, and pay plan for such
ects, shall be considered a proper expense of the Legis- employees.
lature to be paid by the jOint committee. However, by (b) No person shall be employed as a financial audi-
agreement between the committee and the administer- tor who does not possess the qualifications to take the
ing agency, all or pro rata portions of the cost may be examination for a certificate as certified public account-
contributed from the funds charged with the costs of ad- ant under the laws of this state, and no person shall be
ministering the respective retirement systems . employed or retained as legal adviser, on either a full-
(6) The joint committee shall contract with a certified time or a part-time basis, who is not a member of The
public accountant licensed under the Public Accountan- Florida Bar.
cy Law of this state for an annual audit of the financial (c) Any person employed as an accountant or post-
records and reports of the Legislature and to deliver auditor on the staff of the Auditor General who is quali-
such audit to the President of the Senate, the Speaker fied to take an examination for the purpose of determin-
of the House, and the members of the joint committee. ing whether or not such person shall be permitted to
(7) The joint committee shall enter into such other practice in this state as a certified public accountant,
contracts as it shall deem necessary in the performance and who takes and passes such examination, shall be
of its functions. entitled to receive a certificate from the State Board of
(8) Action by a majority vote of the membership of Accountancy, under the provisions of chapter 473, au-
the joint committee shall control and be conclusive on thorizing such person to practice in this state as a certi-
any matter properly concerning the several divisions of fied public accountant upon the completion of 1 year of
the Legislature. experience as an accountant or postauditor under the
(9) The Joint Legislative Management Committee supervision and direction of the Auditor General.
shall, upon the request of the standing committee of ei- (3) The Auditor General, before entering upon the
ther house of the Legislature having jurisdiction over the duties of his office, shall take and subscribe the oath of
area of insurance, retain the services of an actuary who office required of state officers by the State Constitu-
is a Fellow of the Casualty Actuarial Society to assist tion.
each such standing committee in developing automo- (4) The Auditor General, before entering upon the
bile insurance legislation. duties of his office, shall give bond, with some surety
(10) The joint committee shall provide electronic ac- company authorized to do business in Florida as surety,
cess to the legislative information system to elected in the amount of $10,000 payable to the President of the
Senate and the Speaker of the House and their succes-
members of the Legislature , upon request, and at no
sors in office and conditioned that he will well and faith-
cost to the members' capitol and legislative district of-
fully discharge the duties of his office, promptly report
fices. The requesting member shall be responsible for
any delinquency or shortage discovered in any accounts
providing and maintaining his own district and capitol of-
and records audited by him, and promptly pay over and
fice information technology equipment. The jOint com- account for any and all funds that shall come into his
mittee shall provide safeguards to ensure the security hands as such auditor. If the Auditor General, within 30
of the information system. days after receiving notice of his appointment, fails to
History.-s. 7. ch. 68-35: s. 13. ch. 69-52: s. 1. ch. 71-329: s. 3, ch. 72-178: s.
2, ch. 77-468: s. 1. ch. 78-121 : s. 11 , ch. 85-322: s. 1, ch. 86-204. file with the Legislative Auditing Committee the required
s.11.42 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.11.45
oath and bond, such appointment shall be of no effect ing principles and an examination to determine whether
and another appointment shall be made, operations are properly conducted in accordance with
(5) All auditors employed by the Auditor General legal and regulatory requirements,
shall be covered by individual bonds or by a blanket po- (c) "Governmental entity" means a state agency, a
sition bond, Said bonds or bond shall meet and contain county agency, or any other entity, however styled, that
the same conditions as are required in the bond of the independently exercises any type of state or local gov-
Auditor General. All bonds shall be filed with the Legisla- ernmental function.
tive Auditing Committee. If an auditor is not covered in (d) "Local governmental entity" means a county
the blanket position bond, an individual bond shall be agency, municipality, or special district as defined by s,
filed within 30 days after such employee receives notice 218,31 (5), but does not include any housing authority
of his employment. The amount of any such bond shall created pursuant to chapter 421 ,
be determined by the Auditor General. Failure thus to file (e) "Management letter" means a statement of the
such individual bond or to be covered in the blanket po- auditor's comments and recommendations,
sition bond shall terminate his employment. (f) "Performance audit" means an examination of the
(6) The annual premium of all bonds shall be paid effectiveness of administration and the efficiency and
out of any funds provided for the operation of the office. adequacy of the program of the state agency authorized
(7) The headquarters of the Auditor General shall be by law to be performed.
at the state capital, but to facilitate auditing and to elimi- (g) "Political subdivision" means a separate agency
nate unnecessary traveling the Auditor General may es- or unit of local government created or established by law
tablish divisions and assign auditors to each division and includes, but is not limited to, the following and the
and determine their duties and the areas of the state to officers thereof: authority, board, branch, bureau, city,
be served by the respective divisions. The Auditor Gen- commission, consolidated government, county, depart-
eral shall be provided with adequate quarters in a state- ment, district, institution, metropolitan government, mu-
owned building in the Capitol Center and shall be fur- nicipality, office, officer, public corporation, town, or vil-
nished such space as may be necessary to carry out his lage,
functions in publicly owned buildings in other areas of (h) "State agency" means a separate agency or unit
the state, of state government created or established by law and
(8) The Auditor General may make and enforce rea- includes, but is not limited to, the following and the offi-
sonable rules and regulations necessary to facilitate au- cers thereof: authority, board, branch, bureau, commis-
dits which he is authorized to perform, sion, department, division, institution, office, officer, or
(9) No officer or full-time employee of the office of public corporation, as the case may be, except any such
Auditor General shall actively engage in any other busi- agency or unit within the legislative branch of state gov-
ness or profession; serve as the representative of any
(2) The Auditor General shall make financial audits
political party or on any executive committee or other
and performance audits of public records and perform
governing body thereof; serve as an executive, officer,
related duties as prescribed by law or concurrent resolu-
or employee of any political party committee, organiza-
tion of the Legislature, He shall perform his duties inde-
tion, or association; or be engaged on behalf of any can-
pendently but under the general policies established by
didate for public office in the solicitation of votes or other
the Legislative Auditing Committee ,
activities in behalf of such candidacy, Neither the Audi-
(3)(a)1. The Auditor General shall annually make fi-
tor General nor any employee of the Auditor General
nancial audits of the accounts and records of all state
shall become a candidate for election to public office un-
agencies, as defined in this section, of all district school
less he shall first resign from his office or employment.
History.-s. 3, ch. 67-470; s. 3, ch. 69-82; s. 1, ch. 86-217. boards, and of all district boards of trustees of communi-
Note.-Former s. 11.183. ty colleges. Nothing herein shall limit the Auditor Gener-
al's discretionary authority to conduct performance au-
11.45 Definitions; duties; audits; reports.- dits of these governmental entities as authorized in sub-
(1) As used in this section, the term: paragraph 2.
(a) "County agency," for the exclusive purposes of 2, The Auditor General may at any time make finan-
this section, means a board of county commissioners or cial audits and performance audits of the accounts and
other legislative and governing body of a county, howev- records of all governmental entities created pursuant to
er styled, including that of a consolidated or metropoli- law, The audits referred to in this subparagraph shall be
tan government, a clerk of the circuit court, a separate made whenever determined by the Auditor General,
or ex officio clerk of the county court, a sheriff, a proper- whenever directed by the Legislative Auditing Commit-
ty appraiser, a tax collector, a supervisor of elections, or tee, or whenever otherwise required by law or concur-
any other officer in whom any portion of the fiscal duties rent resolution,
of the above are under law separately placed. Each 3. The Auditor General shall maintain a schedule of
county agency is a local governmental entity for pur- performance audits of state programs sufficient to audit
poses of subparagraph (3)(a)3. all state programs within a 10-year period, unless direct-
(b) "Financial audit" means an examination of finan- ed otherwise by the Legislative Auditing Committee,
cial statements in order to express an opinion on the fair- 4, If by July 1 in any fiscal year a district school
ness with which they present financial position, results board or local governmental entity has not been notified
of operations, and changes in financial position in con- that a financial audit for that fiscal year will be performed
formity with generally accepted governmental account- by the Auditor General pursuant to subparagraph 2"
s.11.45 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.11.45
each municipality with either revenues or expenditures agency, with the object of effecting an equitable distri-
of more than $100,000, each special district with either bution of contracts among qualified firms , provided such
revenues or expenditures of more than $25,000, and distribution does not violate the principle of selection of
each county agency shall , and each district school the most highly qualified firms. If fewer than three firms
board may, require that an annual financial audit of its desire to perform the services , the committee shall rec-
accounts and records be completed, within 6 months af- ommend such firms as it determines to be qualified.
ter the end of its respective fiscal year, by an independ- i. Nothing in this subparagraph shall be construed
ent certified public accountant retained by it and paid to prohibit a contract for a period in excess of 1 year.
from its public funds . A management letter shall be pre- j. If the board of county commissioners receives
pared and included as a part of each financial audit re- more than one proposal for the same engagement, the
port. The county audit shall be one document which board may rank, in order of preference, the firms to per-
shall include a separate audit of each county agency. form the engagement. The firm ranked first may then ne-
The county audit shall be a single report. The governing gotiate a contract with the board giving, among other
body of a county shall be responsible for selecting an things, a basis of its fee for that engagement. Should the
independent certified public accountant to audit the board be unable to negotiate a satisfactory contract
county agencies of the county according to the following with that firm, negotiations with that firm shall be formal-
procedure: ly terminated, and the board shall then undertake nego-
a. In each noncharter county, an auditor selection tiations with the second-ranked firm. Failing accord with
committee shall be established, consisting of the county the second-ranked firm, negotiations shall then be ter-
officers elected pursuant to s. 1(d), Art. VIII , State Con- minated with that firm and undertaken with the third-
stitution, and one member of the board of county com- ranked firm. Negotiations with the other ranked firms
missioners or its designee. shall be undertaken in the same manner. The board , in
b. The committee shall publicly announce, in a uni- negotiating with firms, may reopen formal negotiations
form and consistent manner, each occasion when audit- with anyone of the three top-ranked firms, but it may
ing services are required to be purchased . Public notice not negotiate with more than one firm at a time . The
shall include a general description of the audit and shall board shall also negotiate on the scope and quality of
indicate how interested certified public accountants can services. In making such determination, the board shall
apply for consideration.
conduct a detailed analysis of the cost of the profession-
c. The comm ittee shall encourage firms engaged in
al services required in addition to considering their
the lawful practice of public accounting who desire to
scope and complexity. For contracts over $50,000, the
provide professional services to submit annually a state-
board shall require the firm receiving the award to exe-
ment of qualifications and performance data.
cute a truth-in-negotiation certificate stating that the
d. Any certified public accountant desiring to pro-
rates of compensation and other factual unit costs sup-
vide auditing services must first be qualified pursuant to
law. The committee shall make a finding that the firm or porting the compensation are accurate, complete , and
individual to be employed is fully qualified to render the current at the time of contracting. Such certificate shall
required service . Among the factors to be considered in also contain a description and disclosure of any under-
making this finding are the capabilities, adequacy of per- standing that places a limit on current or future years'
sonnel, past record, and experience of the firm or indi- audit contract fees, including any arrangements under
vidual. which fixed limits on fees will not be subject to reconsid-
e. The committee shall adopt procedures for the eration if unexpected accounting or auditing issues are
evaluation of professional services, including, but not encountered . Such certificate shall also contain a de-
limited to, capabilities, adequacy of personnel, past rec- scription of any services rendered by the certified public
ord , experience, and such other factors as may be deter- accountant or firm of certified public accountants at
mined by the committee to be applicable to its particular rates or terms that are not customary. Any auditing ser-
requirements . vice contract under which such a certificate is required
1. The public shall not be excluded from the pro- shall contain a provision that the original contract price
ceedings under this subparagraph. and any additions thereto shall be adjusted to exclude
g. The committee shall evaluate current statements any significant sums by which the board determines the
of qualifications and performance data on file with the contract price was increased due to inaccurate or in-
committee, together with those that may be submitted complete factual unit costs . All such contract adjust-
by other firms regarding the proposed audit, and shall ments shall be made within 1 year following the end of
conduct discussions with, and may require public pre- the contract. This sub-subparagraph shall apply to au-
sentations by, no fewer than three firms regarding their dits covering the 1982-1983 fiscal year, and the proce-
qualifications, approach to the audit, and ability to fur- dure in this sub-subparagraph may be used by any
nish the required service . county for subsequent audits. If there is a conflict be-
h. The committee shall select no fewer than three tween this sub-subparagraph and s. 473.317 , this sub-
firms deemed to be the most highly qualified to perform subparagraph shall prevail.
the required services after considering such factors as k. Should the board be unable to negotiate a satis-
the ability of professional personnel; past performance; factory contract with any of the selected firms, the com-
willingness to meet time requirements ; location; recent, mittee shall select additional firms, and the board shall
current, and projected workloads of the firms; and the continue negotiations in accordance with this subsec-
volume of work previously awarded to the firm by the tion until an agreement is reached.
s. 11.45 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 11.45
I. At the conclusion of the audit field work, the (b) The Legislative Auditing Committee may autho-
independent certified public accountant shall discuss rize and direct the Auditor General to make a financial
with the head of each county agency and the chairman audit of any municipality or independent agency or au-
of the board of county commissioners or his designee thority of any municipality within the state, and the com-
all of the auditor's comments which will be included in mittee shall direct him to make such audit whenever pe-
the report containing the auditor's comments for the ar- titioned to do so by at least 20 percent of the electors
eas within their responsibility. If the officer is not avail- of any municipality. The supervisor of elections of the
able to discuss the auditor's comments, their discussion county in which the municipality is located shall certify
is presumed when the comments are delivered in writing whether or not the petition contains the signatures of at
to his office. least 20 percent of the electors of the municipality. The
m. The officer's written statement of explanation or expenses of such audit shall be paid by the municipality
rebuttal concerning the auditor's comments, including and, in the event the municipality fails to pay the cost
corrective action to be taken, shall be filed with the gov- of the audit , the Department of Revenue shall, upon cer-
erning body of the county and with the Auditor General tification of the Auditor General, withhold from that por-
within 20 days of the delivery of the financial audit re- tion of the municipal financial assistance trust fund for
port. municipalities which is derived from the cigarette tax im-
n. Each district school board that elects to utilize an posed under chapter 210, and which is distributable to
independent audit shall select an auditor by using the such municipality, a sum sufficient to pay the cost of the
same selection procedure as outlined under sub- audit and shall deposit that sum into the General Reve-
subparagraphs b.-k . The district school board selection nue Fund of the state.
committee shall be set by policy of that district school (c) The Auditor General shall exercise any power
board. The report shall be presented to the superintend- and duty which by any law, general or otherwise, is now
ent of schools and the chairman of the school board in vested in the state auditor or the legislative auditor. The
that district and filed with the district school board and Auditor General shall make an annual financial audit of
the Auditor General in conformity with sub- accounts and records of any other public body or politi-
subparagraphs I. and m. cal subdivision when required by law or concurrent reso-
o. The Auditor General, in consultation with the lution to do so.
Board of Accountancy, shall adopt rules for the form and (d) The Auditor General shall at least every 2 years
conduct of all local governmental entity audits. Such make a performance audit of the local government finan-
rules shall include, but not be limited to, requirements cial reporting system required by this subsection; ss.
for the reporting of information necessary to carry out 189.001-189.009; and part VII of chapter 112 and part
the purposes of the Local Government Financial Emer- III of chapter 218. The performance audit shall analyze
gency and Accountability Act, chapter 79-183, Laws of each component of the reporting system separately and
Florida. analyze the reporting system as a whole. The purpose
of such an audit is to determine the efficiency and effec-
The procedures under sub-subparagraphs a.-k. do not tiveness of the reporting system in monitoring and eval-
apply to audit agreements or contracts entered into be- uating the financial conditions of local governments and
fore July 1, 1983. to make recommendations to the local governments, the
5. Any financial audit report required under sub- Governor, and the Legislature as to how the reporting
paragraph 4. shall be submitted to the Auditor General system can be improved and how program costs can be
no later than 7 months after the end of the fiscal year of reduced .
the governmental entity. If the Auditor General does not (4) Each audit required or authorized by this section,
receive the financial audit within such period, he shall when practicable, shall be made and completed within
notify the Legislative Auditing Committee that such gov- not more than 12 months following the end of each fiscal
ernmental entity has not complied with this subpara- year of the state agency or political subdivision, if an an-
graph. Following notification of failure to submit the re- nual audit, or at such lesser time which may be provided
quired audit, the Legislative Auditing Committee may: by law or concurrent resolution or directed by the Legis-
a. In the case of a city or county, notify the Depart- lative Auditing Committee. When the Auditor General is
ment of Revenue and the Department of Banking and Fi- required by law to make a financial audit of the whole or
nance that the local unit of government has failed to a portion of a fiscal year of a political subdivision and his
comply. Upon notification, the department shall with- current workload of audits of state agencies and political
hold any funds payable to such governmental entity until subdivisions is so great that it is not practicable within
the required financial audit is received by the Auditor the required time to perform such audit and also to make
General. financial audits of that political subdivision as to any oth-
b. In the case of a special district, notify the Depart- er period not previously audited by him, then in his dis-
ment of Community Affairs that the special district has cretion he may temporarily or indefinitely postpone his
failed to provide the required audits. Upon notification, audits of such other period or any portion thereof unless
the department shall proceed pursuant to ss. 189.008 otherwise directed by the committee.
and 189.009. (5) The Legislative Auditing Committee may at any
6. The Auditor General, in consultation with the time , without regard to whether the Legislature is then
Board of Accountancy, shall review all audits completed in session or out of session, take under investigation any
for local units of government by an independent certified matter within the scope of an audit either completed or
public accountant. then being conducted by the Auditor General, and in
s. 11.45 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.14.22
connection with such investigation may exercise the the audit or who may have some duty to perform in con-
powers of subpoena by law vested in a standing com- nection therewith.
mittee of the Legislature. (8) If the Auditor General discovers any errors, un-
(6)(a) The Auditor General may, when in his judg- usual practices, or any other discrepancies in connec-
ment it is necessary, designate and direct any auditor tion with his audits of a state agency or state officer, the
employed by him to audit any accounts or records within Auditor General shall, as soon as practicable, notify in
the power of the Auditor General to audit. The auditor writing the President of the Senate and the Speaker of
shall report his findings for review by the Auditor Gener- the House of Representatives, respectively, who, in turn,
al, who shall prepare the audit report. shall promptly thereafter forward a copy thereof to the
(b) The audit report when final shall be a public rec- chairmen of the respective legislative committees,
ord. The audit work papers and notes shall not be a pub- which in the judgment of the President of the Senate
lic record; however, those work papers necessary to and the Speaker of the House of Representatives, re-
support the computations in the final audit report may spectively, are substantially concerned with the func-
be made available by a majority vote of the Legislative tions of the state agency or state officer involved. There-
Auditing Committee after a public hearing showing after, and in no event later than the 10th day of the next
proper cause. The audit work papers and notes shall be succeeding legislative session, the person in charge of
retained by the Auditor General until no longer useful in the state agency involved, or the state officer involved,
his proper functions, after which time they may be de- as the case may be, shall explain in writing to the chair-
stroyed. men of the respective legislative committees and to the
(c) The audit report shall make special mention of: Legislative Auditing Committee the reasons or justifica-
1. Any violation of the laws within the scope of the tions for such errors, unusual practices, or discrepan-
audit; and cies and the corrective measures, if any, taken by the
2. Any illegal or improper expenditure, any improp- agency.
er accounting procedures, all failures to properly record (9) All agencies, other than state agencies as de-
financial transactions, and all other inaccuracies, irregu- fined herein, and all district school boards and district
larities, shortages, and defalcations. boards of trustees of community colleges shall have the
(d) At the conclusion of the audit, the Auditor Gener- power to have a performance audit or financial audit of
al or his deSignated representative shall discuss the au- their accounts and records by an independent certified
dit with the official whose office is subject to audit and public accountant retained by them and paid from their
submit to him a list of his adverse findings which may public funds.
be included in the audit report. If the official is not avail- History.-s. 6, ch . 67-470; s. 6, ch. 69-82; s. 1, ch. 72-6; ss. 1, 2, ch. 73-234; s.
able for receipt of the list of adverse audit findings, clear- 1, ch. 75-122; s. 1, ch . 76-73; s. 1, ch. 77-102; s. 2, ch . 79-183; ss. 1,3,6, ch. 79-589;
s. 1, ch. 81-167; s. 1, ch. 83-55; s. 1, ch. 83-106; s. 1, ch. 84-241; s. 1, ch. 85-80;
ly designated as such, then delivery thereof is presumed s. 14, ch. 86-204; s. 2, ch. 86-217.
to be made when it is delivered to his office. The official Note.-Former s. 11.186.
cf.-s. 20.055 Agency chief internal auditors.
shall submit to the Auditor General or his deSignated
representative, within 30 days after the receipt of the list
of findings, his written statement of explanation or rebut-
tal concerning all of the findings, including therein cor- CHAPTER 14
rective action to be taken to preclude a recurrence of all
adverse findings. GOVERNOR
(e) Each agency shall provide to the Legislative Au-
diting Committee, within 6 months after the published 14.22 Governor's Council on Physical Fitness and
date of an audit report, a written explanation of the sta- Sports; Sunshine State Games; national and
tus of recommendations contained in the report. international amateur athletic competitions
(7) A copy of the audit report shall be submitted to and Olympic training centers; direct-support
each member of the Legislative Auditing Committee, to organizations.
the Governor, to the Comptroller, and to the officer or
person in charge of the state agency or political subdivi- 114.22 Governor's Council on Physical Fitness and
sion audited. One copy shall be filed as a permanent Sports; Sunshine State Games; national and interna-
public record in the office of the Auditor General. In the tional amateur athletic competitions and Olympic train-
case of county reports, one copy of the report of each ing centers; direct-support organizations.-
county office, school district, or other district audited (1 Ha) The Florida Governor's Council on Physical
shall be submitted to the board of county commission- Fitness and Sports is created within the office of the
ers of the county in which the audit was made and shall Governor, to be composed of 25 members with appro-
be filed in the office of the clerk of the circuit court of that priate interests and representing the various geographi-
county as a public record; when an audit is made of the cal areas of the state. The members shall be appOinted
records of the district school board, a copy of the audit by the Governor for staggered terms of 3 years expiring
report shall also be filed with the district school board, on July 1 in the appropriate year. The Governor may re-
and thereupon such report shall become a part of the appoint any person who has served or is serving as a
public records of such board. Copies of such reports member of the council.
may also be furnished such other persons as in the opin- (b) The Governor shall appoint a member of the
ion of the Auditor General may be directly interested in council to serve as chairperson, and the council shall
s.14.22 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.14.22
elect one of its members to serve as vice chairperson . cooperate to the extent feasible in providing existing fa-
Each shall serve terms of 2 years . cilities for use in Olympic training.
(c) The council shall meet semiannually and at the (n) Promote national and international amateur ath-
call of the chairperson. letic competitions.
(d) Members of the council shall receive no compen- (3)(a) The Sunshine State Games shall be patterned
sation, but shall receive per diem and travel expenses after the Summer Olympics with variations as necessi-
as provided in s. 112.061. tated by availability of facilities, equipment , and exper-
(e) The Governor may appoint, upon the recommen- tise . The games shall be designed to encourage the par-
dation of the council, an executive director, and the ex- ticipation of athletes representing a broad range of age
ecutive director may employ such staff as may be groups, skill levels, and Florida communities. Partici-
authorized by the Governor. The compensation of the pants shall be residents of this state. Regional competi-
executive director and staff shall be set by the Governor. tions shall be held throughout the state, and the top
(f) By a two-thirds vote of the council, a member qualifiers in each sport shall proceed to the final compe-
may be dismissed from membership for such reasons as titions to be held at a site geographically centered in the
the council may establish, which reasons shall include state with the necessary facilities and equipment for
lack of interest in council duties or repeated absences conducting the competitions. The frequency of the
from council meetings. Vacancies created by dismissal games shall be determined by the council.
shall be filled by the Governor. (b)1. Authority is hereby granted to create Sun-
(2) In order to promote physical fitness and sports, shine State Games, national and international amateur
the Florida Governor's Council on Physical Fitness and athletic competitions, and Olympic training centers di-
Sports shall have the power and duty to: rect-support organizations. Such a direct-support orga-
(a) Develop, foster, and coordinate services and nization is an organization which is:
programs of physical fitness and sports for the people a. Incorporated under the provisions of chapter 617
of Florida. and approved by the Department of State as a Florida
(b) Sponsor physical fitness and sports workshops, corporation not for profit;
clinics, conferences, and other similar activities. b. Organized and operated to receive, hold, invest,
(c) Give recognition to outstanding developments and administer property and to make expenditures to or
and achievements in, and contributions to, physical fit- for the benefit of the Sunshine State Games, Olympic
ness and sports. training centers, and the promotion of national and inter-
(d) Stimulate physical fitness research. national sports competition; and
(e) Collect and disseminate physical fitness and c. Certified by the Executive Office of the Governor,
sports information and initiate advertising campaigns after review, to be operating in a manner consistent with
promoting physical fitness and sports. the goals of the Sunshine State Games and Olympic
(f) Assist schools in developing health and physical training centers and in the best interest of the state.
fitness programs for students. 2. The Executive Office of the Governor is author-
(g) Encourage local governments and communities ized to permit the use of property, facilities, and person-
to develop local physical fitness programs and amateur al service of or at any state facility or institution by any
athletic competitions. Sunshine State Games and Olympic training centers di-
(h) Develop programs to promote personal health rect-support organization, subject to the provisions of
and physical fitness in cooperation with medical, dental, this section. For the purposes of this subparagraph, per-
and other similar professional societies. sonal services includes full-time or part-time personnel
(i) Enlist the support of individuals, civic groups, as well as payroll processing.
amateur and professional sports associations, and other 3. Each Sunshine State Games direct-support or-
organizations to promote and improve physical fitness ganization shall make provisions for an annual postaudit
and sports programs. of its financial accounts by an independent certified
(j) Develop means of attracting and locating profes- public accountant. The annual audit report shall be sub-
sional sports franchises and sports-related industries in mitted to the E)<ecutive Office of the Governor for re-
the state as well as assisting those located in the state. view. Notwithstanding the provisions of s. 119.14, the
(k) Promote the development of recreational athletic identity of donors who desire to remain anonymous and
opportunities and professional athletic activities in the all information identifying such donors and such pro-
state, including means of facilitating the acquisition, spective donors are exempt from the provisions of chap-
proper financing, construction, and rehabilitation of ter 119, and that anonymity shall be maintained in the
sports facilities for the holding of professional and ama- auditor's report. Such exemption is subject to the Open
teur athletic events . Government Sunset Review Act in accordance with s.
(I) Promote the development of a program of state- 119.14. Notwithstanding s. 119.14, all records of the or-
wide amateur athletic competition to be known as the ganization made prior to October 1, 1986, other than the
"Sunshine State Games." auditor's report shall not be considered public records
(m) Promote the development of Olympic training for the purposes of chapter 119.
centers within the state. The centers shall be managed (4) The council may accept grants, gifts, and be-
by a Sunshine State Games and Olympic training cen- quests and enter into contracts to carry out the pur-
ters direct-support organization under contract with the poses of this act.
History.- ss. 1, 2, ch. 77-169; s. 1, ch. 79-1 95; s. 2, ch. 80- 182; s. 1, ch. 82-46;
Department of Education. The council shall assure that s. 2, ch. 83-265; s. 4, ch . 86- 139.
state and local governmental entities and other entities 'Note.-Repealed effective October 1, 1987, by s. 1, ch. 82-46, as amended by
s.14.22 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.16.53
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that 16.53 Legal Affairs Revolving Trust Fund.
116.53 Legal Affairs Revolving Trust Fund.-
(1) There is created in the State Treasury the Legal
Affairs Revolving Trust Fund, from which the Legislature
may appropriate funds for the purpose of funding inves-
SECRETARY OF STATE tigation, prosecution, and enforcement by the Attorney
General of the provisions of the Racketeer Influenced
15.18 International and cultural relations. and Corrupt Organization Act or state or federal anti-
15.18 International and cultural relations.- The Di- (2) Twenty percent otall moneys recovered by the
visions of Cultural Affairs, Historical Resources, and Li- Attorney General on behalf of the state, its agencies, or
brary and Information Services of the Department of units of state government and 10 percent of all moneys
State promote programs having substantial cultural ar- recovered on behalf of local governments or persons
tistic, and indirect economic significance that empha- resident in this state or, alternatively, attorneys' fees and
size American creativity. The Secretary of State, as the costs, whichever is greater, in any civil action for viola-
head administrator of these divisions, shall hereafter be tion of state or federal antitrust laws shall be deposited
known as "Florida's Chief Cultural Officer." As this offi- in the fund .
cer, the Secretary of State is encouraged to initiate and (3)(a) Subject to the provisions of s. 895.09, when
develop relationships between the state and foreign cul- the Attorney General brings an action pursuant to s.
tural officers, their representatives, and other foreign 895.05, 20 percent of all moneys recovered on behalf of
governmental officials in order to promote Florida as the the state or an agency or unit of state government and
center of American creativity. For the accomplishment 10 percent of all moneys recovered on behalf of a local
of this purpose, the Secretary of State shall have the government or a person resident in the state, or, alterna-
power and authority to: tively, attorneys' fees and costs, whichever is greater,
(1) Disseminate any information pertaining to the shall be deposited in the fund.
State of Florida which promotes the state's cultural as- (b) Subject to the provisions of s. 895.09, when the
sets. Attorney General and a state attorney jointly bring an ac-
(2) Plan and carry out activities designed to cause tion pursuant to s. 895.05, 10 percent of all moneys re-
improved cultural and governmental programs and ex- covered on behalf of the state or an agency or unit of
changes with foreign countries. state government and 5 percent of all moneys recovered
(3) Plan and implement cultural and social activities on behalf of a local government or a person resident in
for visiting foreign heads of state, diplomats, dignitaries, the state, or, alternatively, attorneys' fees and costs,
and exchange groups. whichever is greater, shall be deposited in the fund .
(4)(a) In the case of a forfeiture action pursuant to s.
(4) Encourage and cooperate with other public and
private organizations or groups in their efforts to pro- 895.05, the remainder of the moneys recovered shall be
distributed as set forth in s. 895.09.
mote the cultural advantages of Florida.
(b) In other actions brought pursuant to the provi-
(5) Serve as the liaison with all foreign consular and
~ions of the Racketeer Influenced and Corrupt Organiza-
ambassadorial corps, as well as international organiza-
tion Act or pursuant to the state or federal antitrust laws,
tions, that are consistent with the purposes of this sec-
tion. the remainder of the moneys recovered on behalf of the
state, its agencies, or units of state government shall be
(6) Provide, arrange, and make expenditures for the
deposited in the General Revenue Fund; in the case of
achievement of any or all of the purposes specified in
other governmental units, transferred to the appropriate
fund of such government; or in the case of persons, dis-
(7) Notwithstanding the provisions of part I of chap-
tributed to such persons or for their benefit, as approved
ter 287, promulgate rules for entering into contracts
by a court of competent jurisdiction.
which are pnmanly for promotional services and events
. (5) "Moneys recovered" means damages or penal-
which may include commodities involving a service: ties or any other monetary payment, including the bal-
Such rules shall include the authority to negotiate costs ance of monetary proceeds from property forfeited to
With the offerors of such services and commodities who the state pursuant to s. 895.05 remaining after satisfac-
have been determined to be qualified on the basis of tion of any valid claims made pursuant to s. 895.09(1 )(a)
technical merit, creative ability, and professional compe- -(c), which damages, penalties, or other monetary pay-
tency. The rules shall only apply to the expenditure of ment is made by any defendant by reason of any decree
funds donated for promotional services and events. Ex- or settlement in any Racketeer Influenced and Corrupt
penditures of appropriated funds shall be made only in Organization Act or state or federal antitrust action pros-
accordance with part I of chapter 287. ecuted by the Attorney General, but excludes attorneys'
History.-s. 1, ch. 80-159; s. 1, ch. 83-64; s. 1. ch. 86-183.
fees and costs.
(6) Any moneys remaining in the fund at the end of
any fiscal year in excess of $2,000,000 shall be trans-
CHAPTER 16 ferred to the General Revenue Fund unallocated.
History.-s. 1, ch. 79-301; s. 1, ch. 83-116; s. 2, ch. 84-249; s. 1, ch. 86-277.
'Note.-Section 8 of ch . 86-277 provides that '[t]his act shall apply to all civil pro-
AnORNEY GENERAL ceedings commenced on or after October 1,1986, provided that [section 1] shall
s. 16.53 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.055
also apply to all civil proceedings pending on October 1, 1986 for which a distribution (2) The Department of Banking and Finance may
of proceeds under s. 895.09, Florida Statutes, has yet to be determined."
ct.-ss. 895.01-895.06 Florida RICO (Racketeer Influenced and Corrupt Organiza-
photograph, microphotograph, or reproduce on film
tion) Act. such documents and records as it may select, in such
manner that each page will be exposed in exact con-
formity with the original.
(3) The Department of Banking and Finance may de-
CHAPTER 17 stroy any of said documents after they have been photo-
graphed and filed in accordance with the provisions of
17.076 Direct deposit of funds. (4) Photographs or microphotographs in the form of
17.27 Microfilming and destroying records and corre- film or prints of any records made in compliance with the
spondence. provisions of this section shall have the same force and
effect as the originals thereof would have, and shall be
17.076 Direct deposit of funds.- treated as originals for the purpose of their admissibility
(1) As used in this section, "beneficiary" means any in evidence. Duly certified or authenticated reproduc-
person who is drawing salary or retirement benefits from tions of such photographs or microphotographs shall be
the state or who is the recipient of any lawful payment admitted in evidence equally with the original photo-
from state funds. graphs or microphotographs.
Hislory.-ss. 1-3, ch. 23909, 1947; ss. 12, 35, ch. 69-106; s. 6, ch. 71-377; s. 1,
(2) The Department of Banking and Finance shall es- ch. 77-102; s. 1, ch. 78-177; s. 2, ch. 86-163.
tablish a program for the direct deposit of funds to the
account of the beneficiary of such a payment or dis-
bursement in any financial institution equipped for elec-
tronic fund transfers, which institution is designated in CHAPTER 20
writing by such beneficiary and has lawful authority to
accept such deposits. Direct deposit of funds shall be ORGANIZATIONAL STRUCTURE
by any electronic or other transfer medium approved by
the department for such purpose. 20,055 Agency chief internal auditors.
(3) The department may contract with an authorized 20.10 Department of State.
financial institution for the services necessary to operate 20.12 Department of Banking and Finance,
the program. In order to implement the provisions of this 20.15 Department of Education.
section, the Comptroller is authorized to deposit with 20.16 Department of Business Regulation.
that financial institution the funds payable to the benefi- 20.171 Department of Labor and Employment Securi-
ciaries, in lump sum, by Comptroller's warrant to make ty.
the authorized direct deposits. 20.19 Department of Health and Rehabilitative Ser-
(4) The written authorization of a beneficiary shall be vices.
filed with the department or its designee. Such authori- 20.21 Department of Revenue.
zation shall remain in effect until withdrawn in writing by 20.23 Department of Transportation.
the beneficiary or dishonored by the designated finan- 20.261 Department of Environmental Regulation.
cial institution. 20.30 Department of Professional Regulation,
(5) Notwithstanding s. 119.14, all direct deposit rec- 20.315 Department of Corrections.
ords made prior to October 1, 1986, are exempt from the 20.32 Parole and Probation Commission.
provisions of chapter 119. Notwithstanding s. 119.14,
120.055 Agency chief internal auditors.-
with respect to direct deposit records made on or after
(1) For the purposes of this section:
October 1, 1986, the names of the authorized financial
(a) "State agency" means each department created
institutions and the account numbers of the beneficia-
pursuant to chapter 20, and also includes the Executive
ries are exempt from the provisions of chapter 119, and
Office of the Governor, the Department of Military Af-
this exemption is subject to the Open Government Sun-
fairs, the Parole and Probate Commission, the Board of
set Review Act in accordance with s. 119.14.
Hlatory.-s. 2, ch. 81-277; s. 1, ch. 83-120; s. 3, ch. 83-132; s. 1, ch. 86-64. Regents, the Game and Fresh Water Fish Commission,
the Public Service Commission, and the state court sys-
17.27 Microfilming and destroying records and cor- tem.
respondence.- (b) "Agency head" means the Governor, a Cabinet
(1) The Department of Banking and Finance may de- officer, a secretary as defined in s. 20 ,03(5), or an execu-
stroy general correspondence files and also any other tive director as defined in s. 20.03(6). It also includes the
records which the department may deem no longer nec- chairman of the Public Service Commission and the
essary to preserve in accordance with retention sched- Chief Justice of the State Supreme Court.
ules and destruction notices established under rules of (c) "Chief internal auditor" means the person ap-
the Division of Library and Information Services, records pointed by the agency head to direct the internal audit
and information management program, of the Depart- function for the state agency.
ment of State. Such schedules and notices relating to (2) Each state agency shall employ a chief internal
financial records of the department shall be subject to auditor who shall be appointed by and directly responsi-
the approval of the Auditor General. ble to the agency head.
s.20.055 1986 SUPPLEMENT TO FLORIDA STATUTES ·1985 s.20.15
(3) The chief internal auditor shall possess the fol- s. 11.45, shall give appropriate consideration to internal
lowing qualifications: audit reports and the resolution of findings therein. The
(a) A bachelor's degree from an accredited college Legislative Auditing Committee may inquire into the rea·
or university with a major in accounting, or with a major sons or justifications for failure of the agency head to
in business which includes five courses in accounting, correct the deficiencies reported in internal audits that
and 4 years of experience as an internal auditor or are also reported by the Auditor General and shall take
independent postauditor, electronic data processing au- appropriate action. The Auditor General shall also re-
ditor, accountant, or any combination thereof. The expe- view a sample of each agency's internal audit reports at
rience shall at a minimum consist of audits of units of least once every 3 years to determine compliance with
government or private business enterprises , operating current Standards for the Professional Practice of Inter-
for profit or not for profit; or nal Auditing. If the Auditor General finds that these
(b) A master's degree in accounting or business ad- standards have not been complied with, he shall include
ministration from an accredited college or university and a statement of this fact in his audit report of the agency.
3 years of experience as required in paragraph (a); or Hislory.-ss. 1. 2, ch. 86-131.
(c) A certified public accountant license issued pur- A. Created by s. 1, ch. 86-131. Section 2 of ch. 86-131 provides that "[t]his act
suant to chapter 473 or a certified internal audit certifi- shall stand repealed October 1, 1990 and shall be reviewed by the Legislature prior
to that date ."
cate issued by the Institute of Internal Auditors or earned B. Section 3, ch. 86-131, provides that "[t]he provisions of this act shall apply,
by examination, and 3 years of experience as required effective October 1, 1986, for state agencies with internal audit staff capable of
meeting the requirements of the act at that date, and shall apply effective October
in paragraph (a). 1, 1987. for all other state agencies."
(4) The chief internal auditor shall review and evalu-
ate internal controls necessary to ensure the fiscal ac- 20.10 Department of State.-There is created a De-
countability of the state agency. The chief internal audi- partment of State.
tor shall conduct financial, compliance, and perform- (1) The head of the Department of State is the Sec-
ance audits of the agency and prepare audit reports of retary of State.
his findings. The scope and assignment of the audits (2) The following divisions of the Department of
shall be determined by the chief internal auditor; howev- State are established:
er, the head of the agency may at any time direct the (a) Division of Elections
chief internal auditor to perform an audit of a special pro- (b) Division of Historical Resources.
gram, function, or organizational unit. The performance (c) Division of Corporations.
of the audit shall be under the direction of the chief inter- (d) Division of Library and Information Services.
nal auditor. (e) Division of Licensing.
(a) Such audits shall be conducted in accordance (f) Division of Cultural Affairs.
with the current Standards for the Professional Practice (g) Division of Administration.
of Internal Auditing and subsequent authoritative pro- Hislory.-s. 10, ch. 69-106; s. 1, ch. 70-329; s. 3. ch. 71-355; s. 1, ch. 74-272;
s. 15. ch. 75-22; ss. 1,2. 3. ch. 77-122; s. 3. ch. 79-164; s. 1, ch. 80-391; s. 3, ch.
nouncements on Internal Auditing Standards and State- 86-163.
ments on Internal Auditing Standards published by the
Institute of Internal Auditors, Inc., or in accordance with 20.12 Department of Banking and Finance.- There
generally accepted governmental auditing standards is created a Department of Banking and Finance.
where appropriate. All audit reports issued by internal (1) The head of the Department of Banking and Fi-
audit staff shall include a statement that the audit was nance is the Comptroller.
conducted pursuant to the appropriate standards. (2) The following divisions are established within the
(b) Audit reports shall be public records and audit Department of Banking and Finance:
workpapers shall also be public records to the extent (a) Division of Accounting and Auditing.
that they do not include information which is otherwise (b) Division of Administration.
confidential pursuant to law. (c) Division of Banking.
(c) The chief internal auditor and his staff shall have (d) Division of Finance.
access to any records, data, and other information of the (e) Division of Information Systems.
state agency he deems necessary to carry out his du- (f) Division of Securities and Investor Protection.
ties. Hislory.-s. 12, ch. 69-106; ss. 1,2, ch. 77-106; s. 9, ch. 83-132; s. 2, ch. 86-85.
(5) At the conclusion of each audit, the chief internal
auditor shall submit his preliminary findings and recom- 20.15 Department of Education.- There is created
mendations to the person responsible for supervision of a Department of Education.
the program function or operational unit who shall re- (1) The head of the Department of Education is the
spond to any adverse findings of the chief internal audi- State Board of Education composed of the Governor
tor within 10 working days after receipt of the tentative and Cabinet as specified in s. 2, Art. IX of the State Con-
findings. Such response along with the chief internal au- stitution. The Governor is chairman of the board, and the
ditor's rebuttal to the response shall be included in the Commissioner of Education is the secretary and execu-
audit report of the chief internal auditor. tive officer and in the absence of the Governor shall
(6) The chief internal auditor shall submit the final re- serve as chairman.
port to the head of the agency and to the Auditor Gener- (2)(a) The following divisions of the Department of
al. Education are established:
(7) The Auditor General, in connection with his 1. Division of Blind Services.
independent postaudit of the same agency pursuant to 2. Division of Community Colleges.
s.20.15 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.16
3. Division of Public Schools. 20.16 Department of Business Regulation.- There
4. Division of Universities. is created a Department of Business Regulation,
5. Division of Vocational, Adult, and Community Ed- (1) The head of the Department of Business Regula-
ucation. tion is the Secretary of Business Regulation, The secre-
(b) The Commissioner of Education is authorized to tary shall be appointed by the Governor, subject to con-
establish within the Department of Education a Division firmation by the Senate. The secretary shall serve at the
of Administration. pleasure of the Governor.
(3) The Board of Regents is the director of the Divi- (2) The following divisions of the Department of
sion of Universities, and the State Board of Community Business Regulation are established:
Colleges is the director of the Division of Community (a) Division of Alcoholic Beverages and Tobacco,
Colleges, pursuant to chapter 240. The directors of all (b) Division of Florida Land Sales, Condominiums,
other divisions shall be appointed by the commissioner and Mobile Homes.
subject to approval by the state board . (c) Division of General Regulation,
(4) The State Board of Education and the Commis- (d) Division of Hotels and Restaurants.
sioner of Education: (e) Division of Pari-mutuel Wagering.
(a) Shall assign to the Division of Public Schools (3) Each of the directors of the divisions of the De-
such powers, duties, responsibilities, and functions as partment of Business Regulation shall be appointed by
are necessary to ensure the greatest possible coordina- the secretary of the department and shall serve at the
tion, efficiency, and effectiveness of kindergarten pleasure of the secretary, as provided in s, 110.205.
through 12th grade education. 1(4) There is created within the Department of Busi-
(b) Shall assign to the Division of Vocational, Adult, ness Regulation a Florida Pari-mutuel Commission, to
and Community Education such powers, duties, respon- consist of a chairman and four other members, all to be
sibilities, and functions as are necessary to ensure the appointed by the Governor, subject to confirmation by
greatest possible coordination, efficiency, and effective- the Senate. The initial Florida Pari-mutuel Commission
ness of vocational, adult, and community education. shall consist of the Board of Business Regulation as con-
(c) Shall assign to the State Board of Community stituted on July 1, 1978, and said members shall serve
Colleges such powers, duties, responsibilities, and func- on the commission until June 30, 1979. Thereafter, the
tions as are necessary to ensure the coordination, effi- Governor shall appoint the members of the commission
ciency, and effectiveness of community colleges, ex- as follows: One member whose term shall end June 3D,
cept those duties specifically assigned to the Commis- 1981; two members whose terms shall end June 30,
sioner of Education in ss. 229.512 and 229.551 and the 1982; and two members whose terms shall end June 3D,
duties concerning phYSical facilities in chapter 235. 1983. Thereafter, each member appointed by the Gover-
(5) Notwithstanding anything contained in law to the nor shall serve for a term of 4 years , The Florida Pari-
contrary, all members of all councils and committees of mutuel Commission shall have the authority only to:
the Department of Education, except the Board of Re- (a) Hear and approve the dates and changes of
gents, the State Board of Community Colleges, the dates for racing and the dates within which any track or
Board of Public Schools, the state instructional materials fronton may be operated as prescribed by chapters 550
councils, and the community college district boards of and 551, and it shall not delegate that function to any
trustees, shall hereafter be appointed by the State subordinate officer or division of the department.
Board of Education from a list of two or more names (b) Hear all appeals of decisions of the department
nominated for each position by the Commissioner of Ed- which relate to the suspension or revocation of a pari-
ucation. mutuel wagering license.
(6) Notwithstanding anything contained in law to the (c) Make recommendations to the director of the Di-
contrary, all members of the Board of Regents, the State vision of Pari-mutuel Wagering regarding new or exist-
ing rules for all raCing and jai alai operations which relate
Board of Community Colleges, and the community col-
to the powers granted in this subsection .
lege district boards of trustees shall be appointed ac-
(d) Issue an annual report to the Governor and the
cording to chapter 240, and all members of the Board
Legislature on the racing and jai alai industry in this
of Public Schools shall be appointed according to IS.
state. The report shall encompass the preceding fiscal
year and shall be submitted by November 15 annually.
(7) Effective July 1, 1977, all blind services programs
(5) The director of the Division of Pari-mutuel Wa-
transferred to the Department of Education on April 1,
gering shall have the authority to approve minor
1976, by chapter 75-48, Laws of Florida, shall be as- changes in racing dates after the award by the Florida
signed to the Division of Blind Services. The internal or- Pari-mutuel Commission when there is no objection
ganizational structure of the Division of Blind Services from any other permit holder or other affected party after
shall be designed for the purpose of ensuring the great- due notice to all parties concerned. In the event of an ob-
est possible efficiency and effectiveness of services to jection, the date change must be approved by the Flori-
the blind consistent with this chapter. da Pari-mutuel Commission.
History.-s. 15. ch. 69-106; s. 33. ch. 75-48; s. 1. ch . 75-302; ss. 2. 3. ch. 77-123;
s. 1. ch . 77-259; s. 104. ch . 79-222; s. 1. ch. 81-56; s. 10. ch. 81-259; s. 9, ch. 83-326; (6) Notwithstanding any other provision of law, the
s. 106. ch. 84-336; s. 25, ch . 86-225. department is authorized to establish uniform applica-
'Note,-The reference to Os. 229.863" was substituted by the editors for the refer·
ence to os. 229.87" to conform to the renumbering of s. 229.87 by the reviser incident tion forms and certificates of license for use by the divi-
to the compilation of s. 22, ch. 86-225.
ct.-s . 229.053 General powers of State Board of Education.
sions within the department. Nothing contained in this
ch. 229, part Itl Department of Education. subsection authorizes the department to vary any sub-
s.20.16 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.171
stantive requirements, duties, or eligibilities for licensure be appointed for a term of 4 years, one member for 3
or certification as provided by law. years, and one member for 2 years . A vacancy for the
Hiatory.-s. 16. ch . 69- 106; s. 1. ch. 70- 107; s. 1. ch. 71-2(8); s. 1. ch. 71-98;
s. 9. ch. 71-157; s. 1. ch. 74-311 ; ss. 1. 2. ch. 74-313; s. 1. ch. 75-62; ss. 1. 2. ch.
unexpired term of a member shall be filled in the same
77-109; s. 1, ch. li-253; s. 9, ch. 78-95; s. 1, ch. 78-131; s. 29, ch. 79-190; s. 2, manner as provided in this subsection for an original ap-
ch. 84-80; s. 1, ch. 84-254; s. 2, ch. 86-286.
'Note.-Repealed effective October 1, 1988, by s. 2, ch. 86-286, and scheduled
pointment. The presence of two members shall consti-
for review pursuant to s. 11 .611. tute a quorum for any called meeting of the commission.
(c) The commission is vested with all authority, pow-
20.171 Department of Labor and Employment Se- ers, duties, and responsibilities relating to unemploy-
curity.- There is created a Department of Labor and ment compensation appeal proceedings under chapter
Employment Security. 443.
(1) The head of the Department of Labor and Em· (d) The property, personnel, and appropriations re-
ployment Security is the Secretary of Labor and Employ- lating to the specified authority, powers, duties, and re-
ment Security. The secretary shall be appointed by the sponsibilities of the commission shall be provided to the
Governor subject to confirmation by the Senate, The commission by the Department of Labor and Employ-
secretary shall serve at the pleasure of the Governor. ment Security.
(2) The following divisions, and bureaus within the (e) The commission shall not be subject to control,
divisions, of the Department of Labor and Employment supervision, or direction by the Department of Labor and
Security are established: Employment Security in the performance of its powers
(a) Division of Labor, Employment, and Training. and duties under chapter 443,
(b) Division of Unemployment Compensation.
(f) The commission shall make such expenditures,
(c) Division of Administrative Services.
(d) Division of Workers' Compensation. including expenditures for personal services and rent at
(e) Division of Vocational Rehabilitation. the seat of government and elsewhere; for law books,
(3) The following commissions are establisbed with- books of reference, periodicals, furniture, equipment,
in the Department of Labor and Employment Security: and supplies; and for printing and binding as may be
(a) Public Employees Relations Commission . necessary in exercising its authority and powers and
(b) Unemployment Appeals Commission. carrying out its duties and responsibilities. All such ex-
(4)(a) There is created within the Department of La- penditures of the commission shall be allowed and paid
bor and Employment Security an Unemployment Ap- as provided in s. 443.211 upon the presentation of item-
peals Commission, hereinafter referred to as the "com- ized vouchers therefor, approved by the chairman.
mission." The commission shall consist of a chairman (g) The commission may charge, in its discretion, for
and two other members to be appointed by the Gover- publications, subscriptions, and copies of records and
nor, subject to confirmation by the Senate. Not more documents. Such fees shall be deposited in the Employ-
than one appointee shall be a person who, on account ment Security Administration Trust Fund.
of his previous vocation, employment, or affiliation, shall (h) The commission shall maintain and keep open
be classified as a representative of employers; and not during reasonable business hours an office, which shall
more than one such appointee shall be a person who, be provided in the Capitol or some other suitable build-
on account of his previous vocation , employment, or af- ing in the City of Tallahassee, for the transaction of its
filiation, shall be classified as a representative of em- business, at which office its official records and papers
ployees. shall be kept. The offices shall be furnished and
1. The chairman shall devote his entire time to his equipped by the commission . The commission may hold
commission duties and shall be responsible for the ad- sessions and conduct hearings at any place within the
ministrative functions of the commission . state.
2. The chairman shall have the authority to appoint (i) The commission shall prepare and submit a
a general counsel and such other personnel as may be budget covering the necessary administrative cost of
necessary to carry out the duties and responsibilities of the commission.
the commission. OJ The commission shall have a seal for authentica-
3. The chairman shall have the qualifications re- tion of its orders, awards , and proceedings, upon which
quired by law for a judge of the circuit court and shall shall be inscribed the words "State of Florida-
not engage in any other business vocation or employ- Unemployment Appeals Commission-Seal"; and it shall
ment. NotWithstanding any other provisions of existing be judicially noticed.
law, the chairman shall be paid a salary equal to that (k) The commission shall , in accordance with chap-
paid under state law to a judge of the circuit court. ter 120, adopt, promulgate, amend, or rescind such
4. The remaining members shall be paid an hono-
rules as it deems necessary and administratively feasi-
rarium of $1 00 for each day they are engaged in the work
ble to carry out its responsibilities.
of the commission . The chairman and other members
(I) Orders of the commission relating to unemploy-
shall also be reimbursed for traveling expenses, as pro-
ment compensation under chapter 443 shall be subject
vided in s. 112.061.
5. The total salary and traveling expenses of each to review only by notice of appeal to the district courts
member of the commission shall be paid from the Em- of appeal in the manner provided in s. 443.151 (4)(e) .
History.-ss. 2, 3, ch . 78-201; s. 4, ch. 79-7; s. 47 , ch. 79-40; s. 1, ch. 79-46; s.
ployment Security Administration Trust Fund. 62, ch. 79-190; ss. 6, 7, ch. 79-261; s. 1, ch. 79-308; s. 7, ch. 80-95; s. 1, ch. 81-119;
s. 11, ch . 81-259; s. l , ch. 83- 174; s. 20, ch. 86-220.
(b) Members shall serve for terms of 4 years each, ct.-s. 960.06 Powers and duties of Division of Workers' Compensation with respect
except that, beginning July 1, 1977, the chairman shall to Bureau of Crimes Compensation.
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
20.19 Department of Health and Rehabilitative Ser- directly responsible to, the secretary, The Deputy Secre-
vices.- There is created a Department of Health and tary for Operations shall be responsible for and have line
Rehabilitative Services, authority over service program operations of the depart-
(1) PURPOSE ,-The purposes of the Department of ment, including the management of institutions and resi-
Health and Rehabilitative Services are to: dential treatment programs, assuring that such pro-
(a) Integrate the delivery of all health, social, and re- grams comply with federal and state laws and regula-
habilitative services offered by the state to those citi- tions, and such other duties as are assigned to him by
zens in need of assistance, the secretary, However, he shall delegate as much au-
(b) Provide such assistance as is authorized to all eli- thority for the administration of service programs within
gible clients in order that they might achieve or maintain the districts as practicable to the respective district ad-
economic self-support and self-sufficiency to prevent, ministrators, The Deputy Secretary for Operations shall
reduce, or eliminate dependency, have line authority over departmental employees en·
(c) Prevent or remedy the neglect, abuse, or exploi- gaged in providing services directly to the client or sup-
tation of children and of adults unable to protect their port services therefor,
own interests, (4) ASSISTANT SECRETARIES,-The secretary
(d) Aid in the preservation, rehabilitation, and reunit- shall appoint an Assistant Secretary for Programs and
ing of families, an Assistant Secretary for Administration, each of whom
(e) Prevent or reduce inappropriate institutional care shall serve at the pleasure of, and be directly responsi-
by providing for community-based care, home-based ble to, the secretary, The secretary shall appoint a Depu-
care, or other forms of less intensive care, ty Assistant Secretary for Programs, a Deputy Assistant
(f) Secure referral or admission for institutional care Secretary for Regulation and Health Facilities, a Deputy
when other forms of care are not appropriate, or provide Assistant Secretary for Medicaid, and a Deputy Assis-
services to individuals in institutions when necessary, tant Secretary for Health, each of whom shall serve at
(g) Prevent the occurrence and spread of communi- the pleasure of the secretary and shall be directly re-
cable diseases and other physical and mental diseases sponsible to the Assistant Secretary for Programs,
and disabilities to the maximum degree possible, (a) The Assistant Secretary for Programs shall have
(h) Promote the maintenance and improvement of responsibility for general statewide supervision of the
health and mental health, administration of service programs operated by the de-
(i) Disseminate health information to the public with partment and such other program development and
recommendations for self-help aimed at the prevention planning duties as are assigned to him by the secretary,
of disease and the maintenance and improvement of the "General statewide supervision of the administration of
healtl:1 of all residents of and visitors in this state, service programs" means service program development
U) Plan and develop health resources to assure ef- and planning; program research; identifying client
fective and efficient delivery of high quality health ser- needs and recommending solutions and priorities; de-
vices fully accessible to all citizens, veloping client service programs , including the policies
and standards therefor; providing technical assistance
In fulfillment of these purposes, the department shall es- to the district administrators; assisting the district ad-
tablish a set of goals to be reviewed annually and re- ministrators in staff development and training; reviewing
vised at least once every 5 years, In addition, the depart- and monitoring district-level program operations; assur-
ment shall annually develop specific objectives and ing compliance with statewide program standards and
work plans to accomplish these goals, performance criteria; monitoring uniform program quali-
(2) SECRETARY OF HEALTH AND REHABILITA- ty among districts; developing funding sources external
TIVE SERVICES; DEPUTY SECRETARY,- to state government; and obtaining, approving, monitor-
(a) The head of the department is the Secretary of ing, and coordinating research and program develop-
Health and Rehabilitative Services, The secretary shall ment grants; but does not involve line authority over any
be appointed by the Governor subject to confirmation health or human services program operation of the de-
by the Senate, The secretary shall serve at the pleasure partment, including the management of institutions and
of the Governor, residential treatment programs,
(b) The secretary shall appoint a deputy secretary 1, Program offices shall operate in a staff capacity
who shall act in the absence of the secretary, The depu- to the Assistant Secretary for Programs, Each program
ty secretary shall be directly responsible to the secretary office shall be headed by a program staff director who
and shall perform such duties as are assigned to him by shall be appointed by, and serve at the pleasure of, the
the secretary, He shall serve at the pleasure of the sec- secretary and be directly responsible to the Assistant
retary, Secretary for Programs, The Assistant Secretary for Pro-
(c) In addition to his other duties, the secretary shall grams shall delegate to the program offices the foliO",,"
be responsible for evaluation, departmental legal ser- ing responsibilities, which shall include, but are not limit-
vices, and internal audit functions, The secretary may ed to:
assign performance of such functions to any appropri- a, Identification of client needs,
ate unit within the department. b, Intraprogram policy development.
(3) DEPUTY SECRETARY FOR OPERATIONS,- c, Short-term and long-term intraprogram plan-
The secretary shall appoint a Deputy Secretary for Oper- ning,
ations who shall be the chief operations officer of the de- d, Intraprogram standards setting, monitoring, and
partment and who shall serve at the pleasure of, and be quality control.
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
e. Intraprogram staff development, training, and may be appointed to each program office advisory coun-
technical assistance programs. cil. Representation on each program office advisory
f. Advising the Assistant Secretary for Programs council shall include persons with expertise in each of
and others within the department, upon request, on is- the major service responsibilities of the respective pro-
sues within their areas of substantive expertise. gram office; at least one consumer representative who
g. Acting as liaison, when assigned by the Assis- shall be a client of, or parent, guardian , or spouse of, a
tant Secretary for Programs, to other governmental client of the respective program office; and, to the ex-
agencies and the public on programmatic issues. tent possible, representation from the various geograph-
h. Developing state program plans. ic areas of the state. Representatives of provider groups
i. Developing resource forecasts and working with- whose principal source of support is funds from the de-
in the state on community resource development. partment shall not comprise more than 25 percent of any
j. Quality control. council advisory to the Department of Health and Reha-
k. General statewide supervision of the administra- bilitative Services. Unless otherwise required by law or
tion of service programs. federal regulation, in no case shall an employee of the
I. Any other program planning and development Department of Health and Rehabilitative Services serve
duties assigned by the secretary. as a member of any council advisory to the Department
2. The following program offices are established of Health and Rehabilitative Services. Whenever feasi-
and may be consolidated, restructured, or rearranged ble , priority shall be given to the appointment of district
by the secretary; provided any such consolidation , re- advisory council members to program office advisory
structuring, or rearranging shall be for the purpose of en- councils . Initially, the secretary shall appoint one-half of
couraging service integration through more effective the members for terms of 2 years each, and one-half of
and efficient performance of the program offices or parts the members for terms of 1 year each. Thereafter, mem-
thereof: bers shall be appointed for 2-year terms . Vacancies
a. Children's Medical Services Program Office.- shall be filled for the remainder of unexpired terms in the
The responsibilities of this office encompass all chil- same manner as the original appointments. A member
dren's medical services programs operated by the de- may be reappointed to only one subsequent term.
partment. 1b. Each program office advisory council shall meet
b. Economic Services Program Office.-The re- no more frequently than quarterly. Minutes shall be rec-
sponsibilities of this office encompass all income sup- orded for all meetings of such councils and shall be kept
port programs within the department, such as aid to on file in the respective program office.
families with dependent children (AFDC) , food stamps, 1C. Members and their attendants, or interpreters for
and state supplementation of the supplemental security the deaf or handicapped when necessary, shall receive
income (SSI) program . no compensation but shall be reimbursed for per diem
c. Developmental Services Program Office.- The and travel expenses in accordance with the provisions
responsibilities of this office encompass programs oper- of s. 112.061.
ated by the department for developmentally disabled 1d. The department shall make a separate and dis-
persons. Developmental disabilities include any disabili- tinct request for an appropriation for such expenses for
ty defined in s. 393.063. each advisory council. Such requests may be combined
d. Aging and Adult Services Program Office.-The into a specific appropriation for advisory council ex-
responsibilities of this office encompass all aging and penses or included in a specific appropriation with other
adult programs operated by the department. expenses in the Governor's recommended budget or in
e. Children, Youth, and Families Program Office.- the appropriations acts. If a legislative appropriation for
The responsibilities of this program office encompass in- such expenses is made, the department shall reimburse
take services for dependent and delinquent children; expenses for individual advisory councils in strict ac-
children's protective services; adoption; child care; fos- cordance with the appropriations and intent of the Leg-
ter care programs ; specialized services to families; all islature. The provisions of s. 216.292 notwithstanding,
programs operated by the department relating to delin- no transfer of appropriations shall be made which in-
quent children; and related mental health services for creases the appropriation made by the Legislature for
children and youth in coordination with the Alcohol , Drug advisory council expenses; and the department is pro-
Abuse, and Mental Health Program Office. hibited from using any other appropriation for support-
f. Alcohol, Drug Abuse, and Mental Health Program ing the activities of groups advisory to program offices.
Office.-The responsibil ities of this office encompass all 1e. The Department of Health and Rehabilitative Ser-
alcohol , drug abuse, and mental health programs oper- vices shall adopt rules to implement this act, which rules
ated by the department except those programs for chil- shall serve as formal operating procedures for each pro-
dren and youth which shall be handled in coordination gram office advisory council.
with the Children, Youth, and Families Program Office. 24. Individual program office advisory councils as
In addition, the responsibility for adult forensic programs described in subparagraph 3. shall be the only councils
shall be located within this office. advisory to the Department of Health and Rehabilitative
3. 1a. The secretary may appoint only one advisory Services unless other such advisory councils to the de-
council for the purpose of acting as the advisory body partment are established by law; except that advisory
to each respective program office in the performance of committees as defined in s. 20.03(8), or any advisory
functions assigned to program offices in subparagraph bodies not specifically created by law, may be estab-
1. Not fewer than 8 members or more than 14 members lished and receive funds for a period not to exceed 1
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
year if the department has provided the following infor- der the Assistant Secretary for Programs and the Depu-
mation to the Speaker of the House of Representatives, ty Secretary for Operations. "Medical supervision"
the President of the Senate, and the Comptroller: means medical advice, consultation, and direction given
a. The date of creation of the advisory body. to county public health unit employees during the man-
b. The purpose of the advisory body and the pro- agement of a public health emergency. The term does
gram office to which it is to furnish advice. not include supervision or line authority in the perform-
c. The termination date of the advisory body. ance of routine public health duties.
d. The estimated frequency of meetings and esti- b. The secretary shall appoint an Assistant Health
mated costs associated with the advisory body. Officer for Public Health and Primary Care, an Assistant
5. All program offices within the Department of Health Officer for Disease Control, and an Assistant
Health and Rehabilitative Services which serve children Health Officer for Interprogram Development and Tech-
and youth shall work together to identify the needs of nical Assistance, each of whom shall serve at the pleas-
children in the state; to establish priorities and goals in ure of the secretary and be directly responsible to the
meeting these needs; and to participate in interprogram Deputy Assistant Secretary for Health.
standards setting, monitoring, and quality control. As a
c. The secretary may appoint an advisory council
result of such cooperative planning, the Department of
for public health and primary care.
Health and Rehabilitative Services shall establish an an-
nual plan for financial management and services deliv- (b) The Assistant Secretary for Administration shall
ery and integration designed to meet the comprehen- be responsible for:
sive needs of the children and youth served by the de- 1. Supervising all of the budget management activi-
partment. The plan shall become the document used by ties of the department and serving as the chief budget
all department staff in planning, budgeting, implement- officer of the department.
ing, monitoring, and evaluating all service delivery for 2. Providing administrative and management sup-
children and youth. All other documents developed at port services above the district level.
any level within the department relating to services for 3. Monitoring administrative and management sup-
children and youth shall be consistent with this plan. In port services in the districts.
addition, a 5-year state plan shall be developed to be 4. Developing and implementing uniform policies,
submitted with the annual plan to the Governor and the procedures, and guidelines with respect to personnel
Legislature by January 1, 1981. The plan shall be re- administration, finance and accounting, budget, grants
viewed annually and updated at least once every 5 management and disbursement, procurement, informa-
years. tion and communications systems, management evalua-
6. The responsibilities of the Deputy Assistant Sec- tion and improvement, and general services, including
retary for Regulation and Health Facilities shall include, housekeeping, maintenance, and leasing of facilities.
but are not limited to, certificate-ot-need determina- 5. Performing such other administrative duties as
tions, Hill-Burton programs and licensure and certifica- are assigned to him by the secretary.
tion of programs external to the department for which (5) SERVICE DISTRICTS.-
the department has a major regulatory responsibility, as (a) The department shall plan and administer its pro-
well as those functions authorized by law in conform- grams of health, social, and rehabilitative services
ance with Pub. L. No. 93-641. The assistant secretary through service districts and subdistricts composed of
may assign or delegate other responsibilities ot this of- the following counties:
fice in keeping with the intent of this act. The functions District 1.-Escambia, Santa Rosa, Okaloosa, and
of this office relating to Pub. L. No. 93-641 shall not be Walton Counties;
decentralized to the districts. District 2, Subdistrict A.-Holmes, Washington, Bay,
17. The responsibilities of the Deputy Assistant Sec- Jackson, Franklin, and Gulf Counties;
retary for Medicaid shall encompass all Medicaid plan-
District 2, Subdistrict B.-Gadsden, Liberty, Calhoun,
ning and development functions, including, but not limit-
Leon, Wakulla, Jefferson, Madison, and Taylor Counties;
ed to, policy and program development, program moni-
District 3, Subdistrict A-Hamilton, Suwannee, La-
toring, provider relations, interprogram planning, and
program surveillance and utilization review. In addition, fayette, Dixie, Columbia, Gilchrist, Levy, Union, Brad-
the secretary shall appoint a Medicaid Advisory Council ford, Putnam, and Alachua Counties;
in accordance with the provisions of federal regulations District 3, Subdistrict B.-Marion, Citrus, Hernando,
relating to Medicaid and with those provisions relating Sumter, and Lake Counties;
to program office advisory councils which are not in con- District 4, Subdistrict A-Baker, Nassau, Duval, and
flict with the regulations. Clay Counties;
8.a. The Deputy Assistant Secretary for Health shall District 4, Subdistrict B.-St. Johns, Flagler, and Volu-
be the State Health Officer. The State Health Officer sia Counties;
shall be a physician licensed under chapter 458 or chap- District 5.-Pasco and Pinellas Counties;
ter 459, shall have a master's degree in public health, District 6, Subdistrict A-Hillsborough and Manatee
and shall be responsible for all health programs operat- Counties;
ed by the department. The State Health Officer shall pro- District 6, Subdistrict B.-Polk, Hardee, and High-
vide medical supervision to the employees of all county lands Counties;
public health units established pursuant to part I of District 7, Subdistrict A .-Seminole, Orange, and
chapter 154, and shall coordinate all health activities un- Osceola Counties;
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
District 7, Subdistrict B.-Brevard County; (e) There may be program supervisors in each dis-
District 8, Subdistrict A.-Sarasota and DeSoto Coun- trict who shall serve in a line capacity to the district ad-
ties; ministrator and report directly to the district administra-
District 8, Subdistrict B.-Charlotte, Lee, Glades, tor or his designee. Program supervisors shall be ap-
Hendry, and Collier Counties; pointed by the district administrator in conformity with
District 9.-lndian River, Okeechobee, St. Lucie, Mar- qualifications established through state personnel sys-
tin, and Palm Beach Counties; tem procedures. Program supervisors may be employed
District 10.-Broward County; and on a full-time, part-time, or fee-for-service contractual
District 11.-Dade and Monroe Counties . basis. The duties of a program supervisor shall include,
(b) The secretary shall appoint a district administra- but are not limited to:
tor for each of the service districts who shall have the 1. Administering district service programs in con-
same standing within the department as an assistant formity with statewide policies, procedures, and guide-
secretary. Each district administrator shall serve at the lines established by the secretary.
pleasure of the secretary and shall be directly responsi- 2. Recommending changes in district program poli-
ble to the Deputy Secretary for Operations. Each district cy.
administrator shall have direct line authority over all de- 3. Identifying and developing community re-
partmental programs assigned to the district. In addition sources.
to those responsibilities assigned by law, the district ad- 4. Identifying district needs.
ministrator shall carry out those duties delegated to him 5. Serving as program spokesman in educating the
by the Deputy Secretary for Operations. public as to the availability of programs and the needs
(c) The duties of the district administrator shall in- of clients.
clude, but are not limited to: 6. Serving as primary staff development adviser in
1. Ensuring that the administration of all service assessing the needs of staff and developing training
programs is carried out in conformity with statewide ser- and staff development programs.
vice plans and any other policies, procedures, and (f) There shall be programs at the district level in the
guidelines established by the secretary. following areas: aging and adult services; children's
2. Administering the offices of the department with- medical services; health; alcohol, drug abuse, and men-
in the district and directing and coordinating all person- tal health; developmental services; social and economic
nel, facilities, and programs of the department located services; and children, youth, and family services. There
in that district, except as otherwise provided herein. may be a program supervisor for each program, or the
3. Applying standard information, referral, intake, district administrator may combine programs including
diagnostic and evaluation, and case management pro- children , youth, and families under a program manager
cedures established by the secretary. Such procedures or program supervisor, if such arrangement is approved
shall include a single intake system for delinquency and by the secretary.
dependency juvenile programs. (g) The district manager for administrative services
4. Centralizing to the greatest extent possible the shall provide the following administrative and manage-
administrative functions associated with the provision of ment support services to the district in accordance with
services of the department within the district. the uniform policies, procedures, and guidelines estab-
5. Coordinating the services provided by the de- lished by the Assistant Secretary for Administration:
partment in the district with those of other public and pri- 1. Finance and accounting .
vate agencies which provide health, social, educational, 2. Grants management and disbursement.
or rehabilitative services within the district. 3. Personnel administration.
6. Appointing district program managers, program 4. Purchasing and procurement.
supervisors, and the superintendent of each institution 5. General services, including housekeeping and
within the district and approving all other personnel ap- maintenance of facilities.
pointments within the district. 6. ASSisting the district administrator in preparation
7. Establishing such policies and procedures as of the district budget request and administration of the
may be required to discharge his duties and implement approved operating budget.
and conform the policies, procedures, and guidelines 7. The district manager for administrative services
established by the secretary to the needs of the district. shall be the chief budget officer of the district.
8. Transferring up to 10 percent of the total district 8. Other administrative duties as assigned by the
budget, with the approval of the secretary, to maximize district administrator.
effective program delivery, the provisions of ss. 216.292 1(6) DISTRICT ADVISORY COUNCILS.-
and 216.351 notwithstanding. (a) Within each service district there is created a dis-
(d) To assist him in the discharge of his duties, each trict advisory council. Each district advisory council shall
district administrator may appoint a district program assist in the coordination and integration of the health,
manager for health services and a district program man- social, and rehabilitative services provided by the de-
ager for social services. Each district administrator shall partment with those provided in the district by other
appoint a district manager for administrative services. public and private agencies and shall afford citizen input
Each district program manager and the district manager into departmental policy development. The duties of
for administrative services shall serve at the pleasure of each district advisory council shall include, but are not
the district administrator. limited to:
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
1. Advising the district administrator with respect (f) A member of a district advisory council shall re-
to the administration of the service programs of the de- ceive no compensation but shall be reimbursed for trav-
partment within the district and the improvement of co- el expenses as provided for in s. 112.061.
ordination and integration of the programs and services (g) The department shall make a separate and dis-
of the department with those provided within the district tinct request for an appropriation for all expenses for dis-
by other public and private agencies. trict advisory councils , which shall indicate the pro-
2. Advising the Assistant Secretary for Program posed distribution of such expenses among districts.
Planning and the staff directors of the program offices Such request may be combined into a specific appropri-
with respect to client needs within the district. ation for advisory council expenses or included in a spe-
3. Assisting the department in the evaluation of its cific appropriation with other expenses in the Gover-
operations. nor's recommended budget or in the appropriations
4. Interpreting to the community, through the per- acts. If a legislative appropriation for expenses is made,
sonal contacts and involvements of its members, the the department shall reimburse expenses for individual
various services provided by the department. advisory councils in strict accordance with the appropri-
5. Providing a forum for receiving citizen com- ations and intent of the Legislature. The provisions of s.
plaints on general problems relating to the department. 216.292 notwithstanding, no transfer of appropriations
6. Advising on the coordination of service delivery shall be made which increases the appropriation made
within the district. by the Legislature for advisory council expenses .
(b) Each district advisory council shall consist of 11 (h) Each district advisory council may designate a
regular members and 1 ex officio member. No employee subcouncil from its membership for each subdistrict
of the department shall serve as a member of a council , within the district.
except that the district administrator shall serve as a (i) Each district advisory council shall designate
one of its members to serve on a District Advisory Coun-
nonvoting ex officio member of the council in his district.
cil Statewide Coordinating Committee. The committee
The council shall be composed of 11 regular members,
shall meet at least quarterly for the purposes of analyz-
ing client needs statewide, identifying and proposing re-
1. One licensed physician or osteopathic physician
sponsive program policies to the department, and inte-
who practices medicine or osteopathic medicine within
grating and expressing the views of the 11 district advi-
sory councils on interdistrict service delivery matters .
2. One member of a board of county commission-
The secretary or deputy secretary shall attend at least
ers of a county within the district.
two meetings of the committee each fiscal year. At one
3. One member of a district school board of a
or more of the committee 's meetings, the secretary shall
school district within the district.
present for discussion the budget request and recom-
4. One attorney who practices law within the dis- mendations of the department to the Legislature . Each
trict. member attending such committee meetings shall be
5. Five local representatives of public and private entitled to reimbursement for travel expenses pursuant
agencies or organizations which provide health, social, to s. 112.061 .
rehabilitative , or legal services within the district . 1(7) STATEWIDE HUMAN RIGHTS ADVOCACY
6. Two persons who are either clients of the depart- COMMITTEE .-
ment within the district or who have been such clients (a) There is created within the department a State-
during the year previous to appointment. wide Human Rights Advocacy Committee consisting of
(c) Upon expiration of a term and in case of a vacan- eight citizens who broadly represent the interests of the
cy for any other reason, the council by majority vote shall public and the clients of the department, to be appoint-
appoint a replacement subject to the approval of the ed by the Governor. The members shall be representa-
Governor. If no action is taken by the Governor to ap- tive of four groups of citizens as follows: one elected
prove or disapprove the replacement of a member within public official; three nonsalaried representatives of non-
30 days after the council has notified the Governor of the profit agencies or civic groups; two representatives from
appointment, the appointment of the replacement shall the various health and rehabilitative services constituen-
be considered approved. Each member of a district ad- cy groups which are currently receiving, or have re-
visory council shall be appointed for a term of 2 years. ceived, services from the department within the past 2
A member may be reappointed to only one subsequent years; and two residents of the state who do not repre-
term. sent any of the foregoing groups or the department, but
(d) Each district advisory council shall elect a chair- one of whom represents health-related professions and
man, a vice chairman, and a secretary, each of whose one of whom represents the legal profession . In appoint-
terms shall be for 1 year. The district administrator shall ing the representative of health-related professions, the
not be eligible to serve as chairman. appointing authority shall give priority of consideration
(e) Each district advisory council shall hold quarterly to a physician licensed under chapter 458 or chapter
meetings. Additional meetings shall be held upon the 459; and, in appointing the representative of the legal
call of the chairman or upon the petition of a majority of profession, the appointing authority shall give priority of
the members to the chairman. The secretary or the dep- consideration to a member in good standing of The Flori-
uty secretary shall attend at least one meeting of each da Bar. At least one member of the Statewide Human
district advisory council during each fiscal year. Rights Advocacy Committee shall have served as a
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
member of a district human rights advocacy committee a. To have access to all client records, files, and re-
within the 2 years prior to his appointment. ports from any agency or department of government, ex-
(b) Members of the Statewide Human Rights Advo- cept matters under investigation by law enforcement or
cacy Committee shall serve terms of 3 years. A member judicial authority, and access to all client records, files,
may not serve more than two consecutive terms. The and reports in any program, service, or facility that is op-
limitation on the number of terms a member may serve erated, funded, licensed, or regulated by the depart-
applies without regard to whether a term was served be- ment, for the purpose of investigating a specific com-
fore or after October 1, 1984. plaint of abuse or deprivation of constitutional or human
(c) The Governor shall fill each vacancy on the State- rights of clients of the department. No access shall be
wide Human Rights Advocacy Committee. Priority of granted if a specific procedure or prohibition for review-
consideration shall be given to the appointment of an in- ing records is required by federal law and regulation
dividual whose primary interest, experience, or exper- which supersedes state law. No access shall be granted
tise lies with a major departmental client group not rep- to the records of a private licensed practitioner who is
resented on the committee at the time of the appoint- providing services outside agencies and facilities and
ment. If an appointment is not made within 60 days after whose client is competent and refuses disclosure. The
a vacancy occurs on the committee, the vacancy shall committee, by majority vote, may request in writing and
be filled by a majority vote of the statewide committee. shall be granted access to all information relevant to the
No person who is employed by the department or who investigation. Notwithstanding the provisions of s.
operates or is employed by a program or facility funded 119.14, all information obtained or copies of records re-
by the department may be appOinted to the committee. ceived by the committee otherwise made confidential
(d)1. Members of the Statewide Human Rights Ad- by law or relating to the identity of any client of the de-
vocacy Committee shall receive no compensation, but partment or individual providing information to the com-
shall be reimbursed for per diem and travel expenses by mittee about abuse or alleged violations of constitutional
the department in accordance with the provisions of s. or human rights shall be exempt from the provisions of
112.061. chapter 119 and shall be considered and held confiden-
2. The department shall make a separate and dis- tial. This exemption is subject to the Open Government
tinct request for an appropriation for all expenses for the Sunset Review Act in accordance with s. 119.14. The
Statewide Human Rights Advocacy Committee. Such foregoing provisions authorizing access to records shall
request may be combined into a specific appropriation expire July 1, 1987.
for committee expenses or included in a specific appro- b. To receive, investigate, seek to conciliate, hold
priation with other expenses in the Governor's recom- hearings on, and act on complaints which allege any
mended budget or in the appropriations acts. If a legisla- abuse or deprivation of constitutional or human rights of
tive appropriation for such expenses is made, the de- clients.
partment shall reimburse expenses for individual adviso- In all other cases, the Statewide Human Rights Advoca-
ry councils and committees in strict accordance with the cy Committee shall have standing to petition the circuit
appropriations and intent of the Legislature. The provi- court for access to client records which are confidential
sions of s. 216.292 notwithstanding, no transfer of ap- as specified by law. The petition shall state the specific
propriations shall be made which increases the appro- reasons for which the committee is seeking access and
priation made by the LegiSlature for advisory council and the intended use of such information . The court may au-
committee expenses. thorize committee access to such records upon a find-
(e) The members of the Statewide Human Rights ing that such access is directly related to an investiga-
Advocacy Committee shall elect a chairperson . The tion regarding the possible deprivation of constitutional
term of the chairperson shall be for 1 year, and no chair- or human rights or the abuse of a client. Client files, rec-
person shall serve as chairperson for more than two con- ords, and reports shall not be removed from the depart-
secutive terms. ment or agency facilities. Under no circumstance shall
(f) The responsibilities of the committee shall in- the committee have access to confidential adoption rec-
clude, but are not limited to: ords in accordance with the provisions of ss. 39.411,
1. Serving as a third-party mechanism for protect- 63.022, and 63.162. Upon completion of a general inves-
ing the constitutional and human rights of any depart- tigation of practices and procedures of the department,
mental client within a program or facility operated, fund- the committee may report its findings to the department.
ed, licensed, or regulated by the department. Notwithstanding the provisions of s. 119.14, all informa-
2. Receiving, investigating, and resolving reports of tion obtained through examination of such reports other-
abuse or deprivation of constitutional and human rights wise made confidential by law or relating to the identity
referred to the Statewide Human Rights Advocacy Com- of any client of the department or individual providing in-
mittee by a district human rights advocacy committee. formation to the committee about abuse or alleged viola-
If a matter constitutes a threat to the life, safety, or tions of constitutional or human rights shall be exempt
health of clients or is multidistrict in scope, the State- from the provisions of chapter 119 and shall remain con-
wide Human Rights Advocacy Committee may exercise fidential. Notwithstanding the provisions of s. 119.14 or
such powers without the necessity of a referral from a s. 286.0111 , all matters before the committee relating to
district committee . For the purposes of such investiga- the identity of an individual client or group of clients of
tion, the Statewide Human Rights Advocacy Committee the department subject to the protections of this sec-
shall have the following powers: tion, or the identity of any individual providing informa-
s. 20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
tion to the committee about abuse or alleged violation 7. Reviewing and approving annually all district
of constitutional or human rights, or testimony relating committee procedures to assure their consistency with
to records otherwise made confidential by law shall be statute.
exempt from the provisions of s. 286.011, the open '(8) DISTRICT HUMAN RIGHTS ADVOCACY COM-
meetings law, and s. 119.07(1), the open records law. All MITIEES.-
records prepared by members of the committee which (a) At least one district human rights advocacy com-
reflect a mental impression, investigative strategy, or mittee is created in each district. The number and areas
theory are exempt from s. 119.07(1) until completion of of responsibility of the district human rights advocacy
the investigation. These exemptions are subject to the committees, not to exceed three in any district, shall be
Open Government Sunset Review Act in accordance determined by the majority vote of district committee
with s. 119.14. All other matters before the committee members. However, district II may have four commit-
shall be open to the public and subject to chapter 119. tees .
Any person who knowingly and willfully discloses any (b) Each district human rights advocacy committee
such confidential information is guilty of a misdemeanor shall have no fewer than 7 members and no more than
of the second degree, punishable as provided in s. 11 members who shall include at least two consumers,
775.082, s. 775.083, or s. 775.084. who shall be clients of the department or immediate rela-
3. Reviewing existing programs or services and tives or legal representatives of clients; two providers,
new or revised programs of the department and making who deliver services or programs to clients of the de-
recommendations as to how the rights of clients are af- partment; and two representatives of professional orga-
fected. nizations, one of whom represents health-related pro-
4. Submitting an annual report to the Legislature, fessions and one of whom represents the legal profes-
no later than November 30 of each calendar year, con- sion. Priority of consideration shall be given to the ap-
cerning activities, recommendations , and complaints re- pointment of at least one medical or osteopathic physi-
viewed or developed by the committee during the year. cian, as defined in chapters 458 and 459, and one mem-
5. Conducting meetings.at least six times a year at ber in good standing of The Florida Bar. Priority of con-
the call of the chairperson and at other times at the call sideration shall also be given to the appointment of an
of the Governor or by written request of four members individual whose primary interest, experience, or exper-
of the committee. tise lies with a major departmental client group not rep-
6. Developing and adopting procedures to be used resented on the committee at the time of the appoint-
to carry out the purposes of this subsection, which pro- ment. In no case shall a person who is employed by the
cedures shall be developed in consultation with the sec- department be selected as a member of a committee.
retary and shall include, but need not be limited to, the (c)1 . With respect to existing committees, each
following: member shall serve a term of 3 years . Upon expiration
a. The responsibilities of th'e committee; of a term and in the case of any other vacancy, the dis-
b. The organization and operation of the statewide trict committee shall appoint a replacement by majority
committee and district committees established under vote of the committee, subject to the approval of the
subsection (7), including procedures for replacing a Governor. A member may serve no more than two con-
member; secutive terms .
c. Procedures for the statewide committee and dis- 2.a. The Governor shall appoint the first four mem-
trict committees to receive and investigate reports of bers of any newly created committee; and those four
abuse of constitutional or human rights; members shall select the remaining seven members,
d. The responsibilities of the district human rights subject to approval of the Governor. If any of the first
advocacy committees to the statewide committee; four members are not appointed within 60 days of a re-
e. The relationship of the committee to the depart- quest being submitted to the Governor, those members
ment secretary, including the way in which reports of shall be appointed by a majority vote of the district com-
findings and recommendations related to reported mittee.
abuse are given to the department; b. Members shall serve for no more than two terms
f. Provision for cooperation with the State Nursing of 3 years, except that at the time of initial appointment,
Home and Long-Term Care Facility Ombudsman Coun- terms shall be staggered so that the first six members
cil; and appointed serve for terms of 2 years and the remaining
g. Procedures for appeal. An appeal to the state five members serve for terms of 3 years. Vacancies shall
committee is made by a district human rights advocacy be filled as provided in subparagraph 1.
committee when a valid complaint is not resolved at the 3. If no action is taken by the Governor to approve
district level. The statewide committee may appeal an or disapprove a replacement of a member pursuant to
unresolved complaint to the secretary. If, after exhaust- this paragraph within 30 days after the district commit-
ing all remedies , the statewide committee is not satis- tee has notified the Governor of the appointment, then
fied that the complaint can be resolved within the de- the appointment of the replacement shall be considered
partment, the appeal may be referred to the Governor. approved.
h. Procedures for maintaining confidential informa- 4. The limitation on the number of terms a member
tion. may serve applies without regard to whether a term was
i. Definitions of misfeasance and malfeasance for served before or after October 1, 1984.
members of the statewide committee and district com- (d) Eacn committee shall elect a chairperson for a
mittees. term of 1 year . No person shall serve as chairperson for
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
more than two consecutive terms. The chairperson's state law. No access shall be granted to the records of
term expires on the anniversary of the chairperson's a private licensed practitioner who is providing services
election. outside agencies and facilities and whose client is com-
(e) In the event that a committee member fails to at- petent and refuses disclosure or to the records of clients
tend two-thirds of the regular committee meetings dur- of a mental health facility, as defined in chapter 394,
ing the course of a year, it shall be the responsibility of about which no complaint of abuse has been received.
the committee to replace such member. The committee , by majority vote, may request in writing
(f)1. A member of a district committee shall receive and shall be granted access to all information relevant
no compensation but shall receive per diem and shall be to the investigation. Notwithstanding the provisions of
reimbursed for travel expenses as provided in s. s. 119.14, all information obtained or copies of records
112.061. The department is authorized to provide reim- received by the committee otherwise made confidential
bursement to a member for long-distance telephone by law or relating to the identity of any client of the de-
calls if such calls were necessary to an investigation of partment or individual providing information to the com-
an abuse or deprivation of human rights. mittee about abuse or alleged violations of constitutional
2. The department shall make a separate and dis- or human rights shall be exempt from the provisions of
tinct request for an appropriation for all expenses for chapter 119 and shall be considered and held confiden-
each district human rights advocacy committee, which tial. This exemption is subject to the Open Government
shall indicate the proposed distribution of such ex- Sunset Review Act in accordance with s. 119.14. The
penses among districts. Such request may be com- foregoing provisions authorizing access to records shall
bined into a specific appropriation for committee ex- expire on July 1, 1987. In all other cases, the human
penses or included in a specific appropriation with other rights advocacy committee shall have standing to peti-
expenses in the Governor's recommended budget or in tion the circuit court for access to client records which
the appropriations acts. If a legislative appropriation for are confidential as specified by law. The petition shall
such expenses is made, the department shall reimburse state the specific reasons for which the committee is
expenses for individual advisory councils and commit- seeking access and the intended use of such informa-
tees in strict accordance with the appropriations and in- tion. The court may authorize committee access to such
tent of the Legislature. The provisions of s. 216.292 not- records upon a finding that such access is directly relat-
withstanding, no transfer of appropriations shall be ed to an investigation regarding the possible deprivation
made which increases the appropriation made by the of constitutional or human rights or the abuse of a client.
Legislature for advisory council and committee ex- Client files, records, and reports shall not be removed
penses. from the department or agency facilities. Upon comple-
(g) A district human rights advocacy committee tion of a general investigation of practices and proce-
shall first seek to resolve a complaint with the appropri- dures of the department, the committee may make a re-
ate local administration, agency, or program; any matter port of its findings to the department. Notwithstanding
not resolved by the district committee shall be referred the provisions of s. 119.14, all information obtained
to the Statewide Human Rights Advocacy Committee. through an examination of such reports otherwise made
A district human rights advocacy committee shall com- confidential by law or relating to the identity of any client
ply with appeal procedures established by the State- of the department or individual providing information to
wide Human Rights Advocacy Committee. The duties, the committee about abuse or alleged violations of con-
actions, and procedures of both new and existing dis- stitutional or human rights shall be exempt from the pro-
trict or regional human rights advocacy committees shall visions of chapter 119 and shall remain confidential. Not-
conform to the provisions of this act. The duties of each withstanding the provisions of s. 119.14 or s. 286.0111,
district human rights advocacy committee shall include, all matters before a district human rights advocacy com-
but are not limited to: mittee relating to the identity of an individual client or
1. Serving as a third-party mechanism for protect- group of clients of the department subject to the protec-
ing the constitutional and human rights of any depart- tions of this section, or the identity of any individual pro-
mental client within a program or facility operated, fund- viding information to the committee about abuse or al-
ed, licensed, or regulated by the department. leged violation of constitutional or human rights, or testi-
2. Receiving , investigating, and resolving reports of mony relating to records otherwise made confidential by
abuse or deprivation of constitutional and human rights. law shall be exempt from the provisions of s. 286.011,
For the purposes of such investigation, the committee the open meetings law, and s. 119.07(1), the open rec-
shall have access to all client files, reports, and records, ords law. All records prepared by members of the com-
including those from all other agencies and departments mittee which reflect a mental impression, investigative
of government, except matters under investigation by strategy, or theory are exempt from s. 119.07(1) until
law enforcement authorities or judicial authorities, and completion of the investigation . These exemptions are
shall have access to all client records, files, and reports subject to the Open Government Sunset Review Act in
in any program, service, or facility that is operated, fund- accordance with s. 119.14. All other matters before the
ed, licensed, or regulated by the department for the pur- committee shall be open to the public and subject to
pose of investigating a specific complaint of abuse or chapter 119. Any person who knowingly and willfully dis-
deprivation of constitutional or human rights of clients of closes any such confidential information is guilty of a
the department. No access shall be granted if a specific misdemeanor of the second degree, punishable as pro-
procedure or prohibition for reviewing records is re- vided in s. 775.082, s. 775.083, or s. 775.084. This sec-
quired by federal law and regulation which supersedes tion shall not be interpreted to allow committee access
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
to confidential adoption records in accordance with the shall, for the purpose of legislative appropriation, consist
provisions of ss. 63.162,63.022, and 39.411. of four distinct budget entities:
3. Reviewing, and making recommendation with re- 1. Office of the Secretary;
spect to, the involvement by departmental clients as 2. Office of the Assistant Secretary for Administra-
subjects for research projects, prior to implementation, tion;
insofar as their human rights are affected. 3. Office of the Assistant Secretary for Programs;
4. Reviewing existing programs or services and and
new or revised programs of the department and making 4. Office of the Deputy Secretary for Operations.
recommendations as to how the rights of clients are af-
The various district budget requests shall be included
in the comprehensive departmental summary budget
5. Appealing to the state committee any complaint
document. The department shall periodically review the
unresolved at the district level. Any matter that consti-
appropriateness of the budget entity designations and
tutes a threat to the life, safety, or health of a client or
the adequacy of its delegated authority to transfer funds
is multidistrict in scope shall automatically be referred
between entities. The first review shall be completed
to the Statewide Human Rights Advocacy Committee.
and submitted to the Speaker of the House of Represen-
6. Submitting an annual report by September 30 to
tatives and the President of the Senate by January 1,
the Statewide Human Rights Advocacy Committee con·
1987, and subsequent reviews shall be submitted every
cerning activities, recommendations, and complaints re-
5 years thereafter.
viewed or developed by the committee during the year.
(b) To fulfill this responsibility, the secretary shall
7. Conducting meetings at least six times a year at
have the authority to review, amend, and approve the
the call of the chairperson and at other times at the call annual budget request of all departmental activities. In
of the Governor, at the call of the Statewide Human
addition, the proviSions of ss. 216.292 and 216.351 not-
Rights Advocacy Committee, or by written request of withstanding, the secretary, whenever deemed neces-
four members of the committee.
sary by reason of significantly changed conditions, may
8. Developing procedures to be used to carry out transfer funds between the approved operating budgets
the purposes of this subsection, which procedures shall of the districts.
be developed in consultation with the district adminis- (c) It is the responsibility of the Assistant Secretary
trator, be consistent with law, be amended to reflect any for Administration to promulgate the necessary budget
statutory changes, and be approved by the statewide timetables, formats, and data requirements for all de-
committee. The procedures shall address at least the partmental budget requests. This shall be done in ac-
following: cordance with the statewide budget requirements of the
a. The responsibilities of the committee; Executive Office of the Governor.
b. The organization and operation of the commit- (d) It is the responsibility of the district administrator
tee, including procedures for replacing a member; to develop an annual budget request to be reviewed,
c. The relationship and responsibilities of the com- amended, and approved by the secretary. Upon appro-
mittee to the Statewide Human Rights Advocacy Com- priation of an approved district budget, the district ad-
mittee; and ministrator shall be responsible for the execution of this
d. Provision for cooperation with the district nursing operating budget during the fiscal year.
home and long-term care facility ombudsman council. (11) CONFORMITY WITH FEDERAL STATUTES AND
2(9) DEPARTMENTAL DUTIES RELATING TO REGULATIONS.-It is the intent of the Legislature that
STATEWIDE AND DISTRICT HUMAN RIGHTS ADVOCA- this act shall not conflict with any federal statute or im-
CY COMMITTEES.-The department shall: plementing regulation governing federal grant-in-aid
(a) Maintain complete records of expenses related programs administered by the department. Whenever
to the statewide and district human rights advocacy such a conflict is asserted by the applicable agency of
committees distinct from the expenses of any other the Federal Government, the secretary of the depart-
committee or departmental program; and ment shall submit to the United States Department of
(b) Adopt rules which are consistent with law, Health and Human Services, or other applicable federal
amended to reflect any statutory changes, which rules agency, a request for a favorable policy response or a
address at least the following: waiver of the conflicting portions. If such request is de-
1. Procedures by which departmental district staff nied, as certified in writing by the Secretary of the United
refer reports of abuse to district human rights advocacy States Department of Health and Human Services or
committees; head of other applicable federal agency, the secretary
2. Procedures by which client information is made of the department is authorized to make the adjust-
available to committee members according to subpara- ments in the organization and state service plan pre-
graphs (6)(f)2. and (7)(g)2.; and scribed by this act which are necessary for conformity
3. Procedures by which committee members are to federal statutes and regulations. Prior to making such
reimbursed for authorized expenses. adjustments, the secretary shall provide to the Speaker
(10) DEPARTMENTAL BUDGET.- of the House of Representatives and the President of
(a) The secretary shall develop and submit annually the Senate an explanation and justification of the posi·
to the Legislature a comprehensive departmental sum- tion of the department and shall outline all feasible alter-
mary budget document which shall array district budget natives consistent with the provisions of this section.
requests along program lines. This summary document These alternatives may include the state supervision of
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.19
local service agencies by the Department of Health and ment shall submit these evaluation schedules and re-
Rehabilitative Services if such agencies are designated ports to the secretary, who, within 30 days of receipt,
by the Governor. The Governor is hereby authorized to shall transmit copies of the schedules and reports to the
designate local agencies of county governments to pro- appropriate substantive committees of both houses of
vide services pursuant to federally required state plans the Legislature for review. When possible, the manage-
administered by the Department of Health and Rehabili- ment information system of the department shall pro-
tative Services. These local agencies shall provide ser- vide the basic information for program evaluation
vices for and on behalf of the county governments in- studies.
cluded within the geographic boundaries of the local (13) INFORMATION SYSTEMS.-
agency. The board of commissioners of each county (a) The secretary of the department shall implement
within the local agency shall annually approve the ser- a priority program aimed at the design, testing, and inte-
vice plan to be provided by the local service agency. In gration of automated information systems necessary for
order to assure coordination with other health and reha- effective and efficient management of the department.
bilitation services provided to citizens within each coun- These systems shall contain, minimally, management
ty, local service agencies designated by the Governor data, client data, and program data deemed essential
pursuant to this section shall correspond to the service for the ongoing administration of service delivery, as well
districts created pursuant to subsection (4). The district as for the purpose of management decisions. It is the in-
administrator of each service district shall be designat- tent of the Legislature that these systems be developed
ed the head of the local service agency. As head of the with the idea of providing maximum administrative sup-
local service agency, the district administrator shall ad- port to service delivery. It is also essential that these sys-
minister the service programs in conformity with state- tems comply with federal program requirements and en-
wide policies, procedures, and guidelines established sure confidentiality of individual client information.
by the Department of Health and Rehabilitative Ser- (b) For the purpose of funding this effort, the depart-
vices. The local agency shall administer its program pur- ment shall include in its annual budget request a com-
suant to a written agreement with the Department of prehensive summary of costs involved, as well as man-
Health and Rehabilitative Services. The written agree- power saved, in the establishment of these automated
ment will: systems. Such budget request shall also include a com-
(a) Indicate that the local agency will conduct its plete inventory of current staff,equipment, and facility
program under the supervision of the Department of resources available for completion of the desired sys-
Health and Rehabilitative Services in accordance with tems. The department shall review all forms for duplica-
the state plan and in compliance with statewide stand- tive content and, to the maximum extent possible, re-
ards as established by the department, including stand- duce, consolidate, and eliminate such duplication to pro-
ards of organization and administration. vide for a uniform and concise management information
(b) Set forth the methods to be followed by the de- collection system .
partment in its supervision of the local agency, including (14) ELIGIBILITY REQUIREMENTS.-The department
an evaluation of the effectiveness of the program of the shall review the eligibility requirements of its various pro-
local agency. grams and, to the maximum extent possible, consoli-
(c) Set forth the basis on which the department par- date them into a single eligibility system.
ticipates financially in its locally administered programs. (15) PURCHASE OF SERVICES.-Whenever possi-
(d) Indicate whether the local agency will utilize an- ble, the department, in accordance with the established
other local public or nonprofit agency in the provision of program objectives and performance criteria, shall con-
services and the arrangements for such utilization. tract for the provision of services by counties, municipal-
ities, nonprofit corporations, and other entities capable
The local agency shall be responsible for the administra- of providing needed services, if services so provided are
tion of all aspects of the program within the political sub- more cost-efficient than those provided by the depart-
divisions which it serves. In order to assure uniformity of ment.
personnel standards, the local agency shall utilize the (16) HEADQUARTERS; SERVICE FACILITIES.-
state personnel rules and regulations, including provi- (a) The department shall maintain its headquarters
sions related to tenure, selection, appointment, and and all offices above the district office level in Tallahas-
qualifications of personnel. see.
(12) PROGRAM EVALUATION.-A comprehensive (b) Within each of its service districts, the depart-
program evaluation system shall be established which ment shall locate its service facilities in the same place
shall encompass all major programs of the department. when it is possible to do so without removing service fa-
The department shall establish measurable program ob- cilities from proximity to the clients they serve. The de-
jectives and performance criteria for each program it op- partment shall implement a plan by which all or substan-
erates . Such system of evaluation shall require all pro- tially all services within a district are moved, as existing
grams to develop identifiable goals which are quantifi- leases expire, to centers located close to prospective
able wherever practicable and to estimate the cost of at- users or clients. These centers may be shared with other
taining such goals in advance. Studies of the relative public users and may be designated as community ser-
cost and effectiveness of departmental and alternative vice centers.
programs shall be conducted. The department shall de- (17) MANAGEMENT FELLOWS PROGRAM.-
velop a program evaluation schedule and shall evaluate (a) It is the intent of the Legislature to provide a pro-
at least 10 percent of its programs annually. The depart- gram whereby the Department of Health and Rehabilita-
s.20.19 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.21
tive Services may identify, designate, train, and promote 20.21 Department of Revenue.- There is created a
employees with high levels of administrative and man- Department of Revenue.
agement potential in order to meet the need of the de- (1) The head of the Department of Revenue is the
partment for broad-based administrative and manageri- Governor and Cabinet.
al knowledge and skills in key positions within the de- (2) The following divisions are established within the
partment. Department of Revenue:
(b) The department is authorized to establish a man- (a) Division of Administration.
agement fellows program in order to provide highly qual- (b) Division of Ad Valorem Tax.
ified career candidates for key administrative and mana- (c) Division of Audits.
gerial positions in the department. Such program shall (d) Division of Collection and Enforcement.
include, but is not limited to: (e) Division of Information Systems and Services.
1. The identification annually by the secretary, the (f) Division of Technical Assistance.
Assistant Secretary for Administration, the Deputy Sec- (3)(a) The responsibilities of the Division of Adminis-
retary for Operations, the Assistant Secretary for Pro- tration shall be to plan, organize, and control the admin-
grams, and the district administrator in each district of istrative support services for the department. The func-
one high-potential career service employee each, to be tions of this division shall include, but are not limited to,
designated and appointed to serve as a full-time health finance and accounting, revenue accounting, receipts
and rehabilitative services management fellow for a peri- processing, personnel, and office services.
od of 1 year. (b) The responsibilities of the Division of Ad Valorem
2. The design, development, implementation, and Tax shall be to carry out the relevant provisions of ad va-
monitoring of a full-time, 1-year placement program lorem tax law and other department responsibilities in-
based on a self-motivated enrichment plan for each re- volving local governments. The functions of this division
shall include, but are not limited to, ad valorem adminis-
spective fellow in various units of the department.
tration, assessment standards and review, central prop-
3. The participation of each management fellow in
erty valuation, and field operations.
on-the-job management training and inservice adminis-
(c) The responsibilities of the Division of Audits shall
trative training project assignments, supplemented by
be to plan, organize, administer, and control tax auditing
periodic management workshops, seminars, and activities. The functions of this division shall include, but
courses within and outside the department. are not limited to, audit selection and standards devel-
(c) The department shall develop, implement, oper- opment for those taxes collected by the department.
ate, and monitor the management fellows program pro- The standards development function shall include de-
vided by this act within existing resources, including the velopment of standard audit criteria, training of auditors,
annual identification and allocation of resources neces- and provision of functional direction to field audit staff.
sary to support the training activities of each manage- (d) The responsibilities of the Division of Collection
ment fellow. and Enforcement shall include tax collection and en-
(d) Notwithstanding the provisions of chapter 110, forcement activities. The functions of this division shall
the department may grant special pay increases to man- include, but are not limited to, investigative services and
agement fellows upon successful completion of the pro- central and field operations.
gram. (e) The responsibilities of the Division of Information
(e) The department may adopt rules to implement Systems and Services shall include development, main-
this subsection. tenance, and management of all information systems for
(18) PROCUREMENT OF HEALTH SERVICES.- tax return processing and taxpayer registration activi-
Nothing contained in chapter 287 shall be construed as ties. The functions of this division shall include, but are
requiring competitive bids for health services involving not limited to, tax returns processing, license registra-
examination, diagnosis, or treatment. tion, taxpayer registration, and automation of all informa-
(19) CONSULTATION WITH COUNTIES ON MAN- tion systems.
DATED PROGRAMS.-It is the intent of the Legislature (f) The responsibilities of the Division of Technical
that when county governments are required by law to Assistance shall include the rendering of legal advice to
participate in the funding of programs, the department department personnel and the public on tax matters and
shall consult with designated representatives of county the development of tax policy under the direction of the
governments in developing policies and service delivery executive director. The functions of the division shall in-
plans for those programs. clude, but are not limited to, the preparation of depart-
Hislory.-s. 19. ch. 69- 106; ss . 1, 2. ch. 70-441 ; ss. 1. 4, ch. 71-213; s. 1, ch. mental rules for all taxes, the rendition of opinions on tax
73-99; s. 1, ch. 73-114; s. 1. ch . 74-107 ; ss. 2, 3, 5. 6, 7, 8. 9,10,12.29,31,32,34.
ch. 75-48; ss . 1, 2, ch. 76-115; s. 1. ch. 77-174; ss. 1.2.3. ch. 77-212; s. 4. ch. policy pursuant to s. 120.565 or s. 213.22, the settlement
78-323; s. 2, ch . 79- 10; s. 1, ch. 79-26; s. 63, ch . 79-190; s. 1. ch . 79-265; ss. 1. of tax controversies pursuant to s. 213.21 and the rules
2,5, ch. 79-287; s. 8, ch . 80-187; s. 1, ch. 80-202; s. 8, ch . 80-374; ss. 1,2,3, ch .
81-83; ss . 7, 8, 9, ch . 81-184; ss. 1,4,5, ch. 81-237; s. 12, ch. 81 - 259; s. 1, ch. of the department, the provision of informal assistance
81-290; ss. 1,4, ch. 82-46; ss. 1,2, ch. 82-100; s. 5, ch. 82-213; s. 1, ch. 83-89; to the public on tax matters, and the conduct of pro-
ss. 1, 11, ch . 83-177; s. 1, ch. 83-181 ; s. 2, ch. 83-215; s. 3, ch. 83-216; s. 2, ch.
83-230; ss. 2, 3, ch. 83-265; ss . 13, 17, ch. 84-226; s. 3, ch. 65-80; s. 1, ch. 85-270; ceedings pursuant to s. 120.57(2) and (4).
s. 1. ch. 86-66; s. 1. ch. 86-220. (g) The following functions shall be under the ass is:
'Nole.-Repealed effective October 1. 1989, by s. 1, ch. 82-46, as amended by
s. 2. ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that tant executive director: tax research and departmental
date. policy and planning.
'Nole.-Repealed effective October 1, 1989, by s. 2, ch. 83-265. and scheduled
for review pursuant to s. 11.611 in advance of that date. (h) The following function shall be under the execu-
d-s. 393.001 Florida Developmental Disabilities Planning CouncIl. tive director: internal audit and tax policy development.
s.20.21 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.261
(4) Necessary legal services, pursuant to chapter the implementation of the department's transportation
16, including litigation shall be provided to the Depart- programs shall be delegated by the secretary to the
ment of Revenue by the Department of Legal Affairs. heads of the department's district offices. The secretary
Hislory.-s. 21, ch . 69-106; s. 1, ch. 72-266; s. 1, ch. 75-211; s. 1, ch. 77-102; shall allocate a minimum amount of resources to the
ss. 1, 2, ch . 78-390; s. 3, ch. 79-10; s. 2, ch. 80-391; s. 1, ch. 81-50; s. 11, ch. 84-170;
s. 1, ch. 66-124. central office commensurate with ensuring efficiency,
cf.-s. 213.05 Control and administration of revenue laws. effectiveness, and quality in the overall management of
s. 214.02 Col/ection authority.
the department's activities. The department may per-
20.23 Department of Transportation.- There is cre- form in a single location only those statewide produc-
ated a Department of Transportation. It is the intent of tion-related functions which it can document are ac-
the Legislature that the Department of Transportation complished more cost effectively in that location. Specif-
be a decentralized agency. The central office shall for- ic authority shall be vested in the heads of the district
mulate policy and shall establish the department's rules, offices to ensure adequate control of field resources
procedures, guidelines, and standards. There shall be commensurate with this responsibility. In order to assure
allocated to the central office the minimum resources that no district or county is penalized for local efforts to
necessary to ensure the efficiency, effectiveness, and improve the State Highway System, the department
quality of the department's performance of its statutory shall allocate funds for new construction to the various
responsibilities . The primary responsibility for the imple- districts based on equal parts of population and motor
mentation of the department's transportation programs fuel tax collections.
shall be delegated to the districts, and sufficient authori- (6) Notwithstanding the provisions of s, 110.205, the
ty shall be placed in each district to ensure adequate Department of Administration is authorized to exempt
control of the resources commensurate with the dele- positions within the Department of Transportation which
gated responsibility , are comparable to positions within the Senior Manage-
(1) The head of the Department of Transportation is ment Service pursuant to s. 110.205(2)(1).
the Secretary of Transportation. The secretary shall be (7) To facilitate the efficient and effective manage-
appointed by the Governor subject to confirmation by ment of the department in a businesslike manner, the
the Senate. The secretary shall serve at the pleasure of department shall develop a system for the submission
the Governor. of monthly management reports to the secretary from
(2) The secretary shall be a proven, effective admin- the deputy assistant secretaries. Such reports shall in-
istrator who by a combination of education and experi- clude, but not be limited to, information related to bud-
ence shall clearly possess a broad knowledge of the ad- gets, expenditures, contracts, personnel, and related
ministrative, financial, and technical aspects of the de- matters. A copy of each such report shall be submitted
velopment, operation, and regulation of transportation monthly to the President of the Senate and the Speaker
systems and facilities or comparable systems and facili- of the House of Representatives. Recommendations
ties. made by the Auditor General in his audits of the depart-
(3) The secretary shall appoint an assistant secre- ment that relate to management practices, systems, or
tary who shall possess qualifications similar to those for reports shall be implemented in a timely manner; howev-
the secretary and who shall act in the absence of the er, if the department determines that one or more of the
secretary. The assistant secretary shall be directly re- recommendations should be altered or should not be im-
sponsible to the secretary and shall perform such duties plemented, it shall provide a written explanation of such
as are assigned to him by the secretary. The assistant determination to the Legislative Auditing Committee
secretary shall serve at the pleasure of the secretary. within 6 months after the date the recommendations
(4) The following divisions of the Department of were published.
Transportation are established: (8) The department is authorized to contract with lo-
(a) Division of Administration. cal governmental entities and with the private sector to
(b) Division of Construction. the maximum extent possible for the performance of the
(c) Division of Maintenance. department's transportation responsibilities where it
(d) Division of Planning. can be documented that such entities can perform the
(e) Division of Preconstruction and Design. activities more cost effectively.
(f) Division of Public Transportation Operations. Hislory.-s . 23, ch. 69-106; ss. 1,2,4,5, ch. 72-186; s. 1, ch. 77-44; s. 1, ch.
77-273; s. 1, ch. 78-90; s. 4, ch. 79-10; s. 1, ch . 81-209; s. 1, ch. 84-309; s. 7, ch.
(5) The operations of the department shall be orga- 85-180; s. 1, ch. 86-243.
nized into a minimum of six districts, each headed by a
deputy assistant secretary. In order to provide for effi- 20.261 Department of Environmental Regulation.-
cient operations and to expedite the decisionmaking There is created a Department of Environmental Regula-
process, the department shall provide for maximum de- tion.
centralization to the districts, where appropriate. How- (1) The head of the department is the Secretary of
ever, adequate policy guidelines, aSSignment of respon- Environmental Regulation, who shall be appointed by
sibility, and accountability for decisions shall be estab- the Governor subject to confirmation by the Senate. The
lished by the department. The responsibility for the es- secretary shall serve at the pleasure of the Governor.
tablishment and modifications of the department's poli- There shall be an assistant secretary appointed by and
cies, procedures, guidelines, and standards shall be serving at the pleasure of the secretary.
vested in the secretary and shall be performed in the de- (2) The following divisions of the Department of En-
partment's central office. The primary responsibility for vironmental Regulation are established:
s.20.261 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.30
(a) Division of Administrative Services. (4) The following boards are established within the
(b) Division of Environmental Permitting. Department of Professional Regulation, Division of Pro-
(c) Division of Environmental Programs. fessions :
2(d) Division of Environmental Operations. (a) Board of Accountancy, created under chapter
'(3) There is created as a part of the Department of 473.
Environmental Regulation an Environmental Regulation (b) Board of Acupuncture , created under chapter
Commission. The commission shall be composed of sev- 457.
en citizens of this state appointed by the Governor, sub- (c) Board of Architecture, created under part I of
ject to confirmation by the Senate. The commission shall chapter 481 .
include one, but not more than two, members from each 1(d) Board of Auctioneers, created under part VI of
water management district who have resided in the dis- chapter 468.
trict for at least 1 year, and the remainder shall be select- (e) Barbers' Board, created under chapter 476.
(f) Board of Chiropractic, created under chapter
ed from the state at large. Membership shall be repre-
sentative of, but not limited to, interested groups includ-
(g) Construction Industry licensing Board, created
ing agriculture, real estate, environmentalists, the con-
under part I of chapter 489.
struction industry, and lay citizens. The Governor shall (h) Board of Cosmetology, created under chapter
appoint the chairman, and the vice chairman shall be 477.
elected from among the membership. Four members (i) Board of Dentistry, created under chapter 466.
shall be appOinted on July 1, 1975, for terms ending July OJ Electrical Contractors' Licensing Board, created
1, 1979; three members shall be appointed on July 1, under part II of chapter 489.
1975, for terms ending on July 1, 1977. All appOintments (k) Board of Professional Engineers, created under
thereafter shall be for 4-year terms. The Governor may chapter 471.
at any time fill a vacancy for the unexpired term. The (I) Board of Funeral Directors and Embalmers, cre-
members of the commission shall serve without com- ated under chapter 470.
pensation, but shall be paid travel and per diem as pro- (m) Board of Professional Land Surveyors, created
vided in s. 112.061 while in the performance of their offi- under chapter 472.
cial duties. Administrative, personnel, and other support (n) Board of Landscape Architecture, created under
services necessary for the commission shall be fur- part II of chapter 481 .
nished by the department. (0) Board of Massage, created under chapter 480.
History.- ss. 4, 5, 8. 9, 10,11,12. ch. 75-22; ss. 1, 2. 3, 4, ch. 77-11 4; s. 1, ch. (p) Board of Medical Examiners, created under
77-174; s. 4. ch . 77-306; s. 6. ch. 79-10; s. 1, ch. 82-46; ss. 1,3, ch. 86-186 .
'Note.- Repealed effective October 1, 1988, by s. 1, ch. 82-46, and scheduled for chapter 458.
review pursuant to s. 11 .611 in advance of that date. (q) Board of Naturopathic Examiners, created under
2Note.-Expires effective October t. t992, pursuant to s. 3. ch. 86-186, and is
scheduled for review by the Legislature' . . . during the 1992 regular legislative
session ," (r) Board of Nursing, created under chapter 464.
(s) Board of Nursing Home Administrators, created
20.30 Department of Professional Regulation.- under part III of chapter 468.
There is created a Department of Professional Regula- (t) Board of Opticianry, created under chapter 484.
tion. (u) Board of Optometry, created under chapter 463.
(1) The head of the Department of Professional Reg- (v) Board of Osteopathic Medical Examiners, creat-
ulation is the Secretary of Professional Regulation. The ed under chapter 459.
secretary shall be appointed by the Governor subject to (w) Board of Pharmacy, created under chapter 465.
confirmation by the Senate. The secretary shall serve at (x) Board of Pilot Commissioners, created under
the pleasure of the Governor. chapter 310
(2) The following divisions of the Department of Pro- 2(y) Board of Podiatry, created under chapter 461.
fessional Regulation are established: (z) Board of Veterinary Medicine, created under
(a) Division of Examination and Licensure . chapter 474.
(b) Division of Professions. (5) The members of each board shall be apPOinted
(c) Division of Real Estate. by the Governor, subject to confirmation by the Senate.
Lay members on the board shall be appOinted pursuant
1. The director of the division shall be appointed by
to subsection (6). Members shall be appOinted for 4-
the Secretary of Professional Regulation, subject to ap-
year terms. A vacancy on the board shall be filled for the
proval by a majority of the Florida Real Estate Commis- unexpired portion of the term in the same manner as the
sion. original appOintment. No member shall serve more than
2. The offices of the Division of Real Estate shall be two consecutive terms on the board.
located in Orlando. (6) Each board with five or more members shall have
(d) Division of Regulation. at least two lay members who are not, and have never
(3) There shall be a director of the Division of Exami- been, members or practitioners of the profession regu-
nation and Licensure, a director of the Division of Profes- lated by such board or of any closely related profession.
sions, a director of the Division of Regulation, and a di- Each board with fewer than five members shall have at
rector of the Division of Real Estate. Each division direc- least one lay member who is not, and has never been,
tor shall directly administer his division and shall be re- a member or practitioner of the profession regulated by
sponsible to the secretary of the department. such board or of any closely related profeSSion .
s.20.30 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 5.20.315
(7) No board , with the exception of joint coordinator- Gadsden, Liberty, Franklin , Leon, Wakulla, and Jeffer-
ships , shall be transferred from its location on July 1, son Counties.
1979, without legislative authorization. Region 2.-Madison , Taylor, Hamilton, Suwannee, La-
(8) Chapter 79-36, Laws of Florida, shall not be con- fayette, Dixie, Columbia, Gilchrist, Levy, Alachua, Union,
strued to supersede the abolition of any board within the Bradford, Baker, Nassau , Duval, Clay, St. Johns, Put-
Department of Professional Regulation, pursuant to the nam, Flagler, and Volusia Counties .
Regulatory Reform Act of 1976, as amended by chapter Region 3.-Marion, Citrus, Hernando, Sumter, Lake,
77-457, Laws of Florida, or as subsequently amended. Orange, Osceola, Seminole, and Brevard Counties.
History.-s. 30, ch . 69-106; s. 2, ch . 72- 304; s. 1, ch . 73-97; ss. 7, 8, ch. 75-201;
ss. 1,2, 3, ch. 77- 115; s. 1, ch. 78- 431 ; ss. 2, 5, 6, 7, 9, ch. 79-36; s. 5, ch. 79-164; Region 4.-lndian River, Okeechobee, St. Lucie, Mar-
s. 40, ch. 79-239; s. 41 , ch . 79-243; s. 13, ch. 81 -259; s. 1, ch. 81-302; s. 1, ch. 82- 1; tin, Palm Beach, Broward, Monroe, and Dade Counties.
s. 6, ch. 83-217; s. 1, ch. 83- 329; ss. 13, 14, ch. 86-119.
'Note.- Expires October 1, 1996, pursuant to s. 14, ch . 86- 119, and is scheduled Region 5.-Pasco, Pinellas, Hillsborough, Polk,
for review pursuant to s. 11 .61 . Hardee, Highlands, Manatee, Sarasota, DeSoto, Char-
2Note.-The "Board of Podiatry" was renamed as the "Board of Podiatric Medicine"
by s. 4, ch. 86-71 , Laws of Florida. lotte, Glades, Lee , Hendry, and Collier Counties.
ct.- S. 475.02 Florid a Real Estate Commission .
To effect the orderly provision of services within a re-
20.315 Department of Corrections.- There is creat- gion, the secretary may, by rule, designate service areas
ed a Department of Corrections. within the region. These service areas shall conform to
(1) PURPOSE .- The purpose of the Department of judicial circuits .
Corrections is to integrate the delivery of all offender re- (4) SECRETARY OF CORRECTIONS; DEPUTY SEC-
habilitation and incarceration services that are deemed RET ARY.-The head of the Department of Corrections
necessary for the rehabilitation of offenders and the pro- is the Secretary of Corrections . The secretary shall be
tection of society. The goals of the department shall be: appointed by the Governor, subject to confirmation by
(a) To protect society by providing incarceration as the Senate, and shall serve at the pleasure of the Gover-
an appropriate deterrent to the commission of crime. nor.
(b) To protect society by substituting for retributive (a) The secretary is the chief administrative officer
punishment methods of training and treatment which of the department and shall have the authority and re-
correct and rehabilitate offenders who violate laws . sponsibility to plan, direct, coordinate, and execute the
(c) To provide an environment for incarcerated per- powers, duties, and responsibilities assigned to the de-
sons in which rehabilitation is possible. This should in- partment. The responsibilities of the secretary shall in-
clude the protection of the offender from victimization clude, but not be limited to:
within the institution and the development of a system 1. Setting departmental priorities.
of due process and internal legality in institutions. 2. Appointing the Assistant Secretary for Opera-
(d) To provide meaningful community supervision tions, the Assistant Secretary for Management and
for offenders on parole and probation and to develop Budget, the Assistant Secretary for Programs, the Assis-
community alternatives to traditional incarceration tant Secretary for Health Services, the program direc-
which could be safely used.
tors, and the regional directors.
(e) To provide rehabilitative programs, which may in-
3. Directing the management, planning, and bud-
clude both academic and vocational education, to incar-
cerated offenders and offenders being supervised in the
community. 4. Supervising and directing the promulgation of all
(f) To provide judges with effective evaluative tools departmental rules.
and information for use in the sentencing decision. (b) The secretary shall appoint a deputy secretary
(g) To provide the necessary level of security in insti- who shall act in the absence of the secretary. The depu-
tutions. ty secretary shall be directly responsible to the secre-
(2) LEGISLATIVE INTENT.-It is the intent of the tary, shall perform those duties that are assigned to him
Legislature that: by the secretary, and shall be fully authorized to act on
(a) Recognition be given to the inescapable interre- behalf of the secretary in all matters affecting the de-
lationship between the various needs of departmental partment. The deputy secretary shall serve at the pleas-
clients . Therefore, the Legislature intends that the newly ure of the secretary.
organized department focus its attention on the total (c) The secretary shall appoint an inspector general
spectrum of needs of the offender. To this end, the Leg- who shall be directly responsible to the secretary and
islature reaffirms its commitment to a "whole person" ap- shall serve at the pleasure of the secretary. The inspec-
proach to rehabilitation and problem solving . tor general shall have the responsibility for jail inspec-
(b) The department develop a comprehensive pro- tion, prison inspection and investigation, internal affairs
gram for the treatment of youthful offenders committed investigation, inmate grievances, and management re-
to the department. This program shall include provisions views .
for separate facilities and programs for the treatment of (5) ASSISTANT SECRETARY FOR OPERATIONS .-
youthful offenders. The Assistant Secretary for Operations shall exercise
(3) REGIONS.-The department shall plan and ad- statewide supervision over all service programs of the
minister its programs of correctional services through department, including the coordination and provision of
service regions composed of the following counties: all services in parole and probation supervision, intake,
Region 1.-Escambia, Santa Rosa, Okaloosa, Walton, case management, diagnosis and evaluation, classifica-
Holmes, Washington, Bay, Jackson , Calhoun, Gulf, tion , and the management of all institutional and nonin-
s.20.315 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.315
stitutional community residential and community non- 6. Other duties as assigned by the secretary.
residential programs of the department. 2(b) The Governor may appoint an advisory council
(6) ASSISTANT SECRETARY FOR HEALTH SER- for the purpose of acting as an advisory body to the pro-
VICES.-The Assistant Secretary for Health Services gram offices. Members shall serve staggered terms not
shall be a physician licensed under chapter 458 or a doc- to exceed 4 years, although they may be appointed to
tor of public health, shall be responsible for coordination one subsequent term. Members shall receive no com-
and provision of comprehensive department-wide pensation, but shall be reimbursed for per diem and
health services, and shall oversee the following areas: travel expenses in accordance with the provisions of s.
(a) Medical and surgical. 112.061.
(b) Dental. (c) The salary of a program office director shall be
(c) Psychiatric. set at a level equal to that of a division director.
(d) Psychological. (9) OFFICE OF MANAGEMENT AND BUDGET.-
(e) Sanitation. (a) There is created within the department an Office
(f) Food services. of Management and Budget. The head of the Office of
Management and Budget is the Assistant Secretary for
The Assistant Secretary for Health Services shall have
Management and Budget, who shall be appointed by
direct professional authority over health care personnel
the secretary. The Assistant Secretary for the Office of
and shall develop a program to prevent as well as treat
Management and Budget shall report directly to the sec-
various disorders in order to ensure an acceptable level
retary. All management, evaluation, and administrative
of inmate health and well-being. He shall serve at the
functions heretofore carried out by the various line divi-
pleasure of the secretary.
(7) ASSISTANT SECRETARY FOR PROGRAMS.- sions of the department are assigned to the Office of
Management and Budget.
The Assistant Secretary for Programs shall have the re-
sponsibility for coordinating and integrating the opera- (b) The Office of Management and Budget shall be
tions of the program offices and such other program de- responsible for all department-wide functions in the ar-
velopment and planning duties as are assigned by the eas of management services, financial services, and
secretary. The Assistant Secretary for Programs shall be management analysis. Further responsibilities shall in-
responsible for service program development and plan- clude, but not be limited to:
ning; program research; identifying client needs and rec- 1. Program evaluation.
ommending solutions and priorities; developing client 2. Budget preparation and aggregation.
service programs, including the policies and standards 3. Grants management and disbursement.
therefor; providing technical assistance to the district 4. Accounting.
administrators; reviewing and monitoring regional-level 5. Internal audit.
program operations; assuring uniform program quality 6. Facilities housekeeping, maintenance, and man-
among regions; developing funding sources external to agement, including design, construction, and leases.
state government; and obtaining, approving, monitor- 7. Personnel.
ing, and coordinating research and program develop- 8. Information systems development.
ment grants; but his duties shall not involve line authori- 9. Legal services .
ty over any service program operations of the depart- 10. Purchasing.
ment, including the management of institutions, residen- (c) The Office of Management and Budget shall also
tial treatment programs, and the supervision of proba- be responsible for the development of uniform imple-
tioners and parolees. mentation and monitoring procedures for all administra-
1(8) PROGRAM OFFICES.- tive support services at the regional level as well as for
(a) Program offices shall be designed to operate in the review of the effectiveness and efficiency of these
a staff capacity to the Assistant Secretary for Programs. support services.
Each program office shall be headed by a program office (10) REGIONAL DIRECTORS.-
director who is appointed by the secretary and reports (a) The chief administrative officer of each region is
directly to the Assistant Secretary for Programs. Pro- the regional director. The regional director shall be ap-
gram offices shall not have any line authority over re- pointed by the secretary and shall be directly responsi-
gional operations. In no case shall the total professional ble to the Assistant Secretary for Operations. The posi-
staff of all of the program offices and the office of the As- tion of regional director shall be classified at a level
sistant Secretary for Programs exceed 200 persons. The equal to a division director.
Assistant Secretary for Programs shall delegate to the (b) The duties and responsibilities of the regional di-
program offices the following responsibilities which shall rector shall include, but not be limited to:
include, but not be limited to: 1. Administration and coordination of all planning,
1. Aiding in the identification of client needs. evaluation, administrative support, and direct program
2. Developing program policies. operation functions within the region.
3. Setting, monitoring, and controlling the quality of 2. Applying standard information, referral, diagnos-
program standards. tic and evaluation, classification, and case management
4. Developing staff development, training, and procedures for the provision of services within the re-
technical assistance programs. gion.
5. Developing state program plans and implement- 3. Appointment of program supervisors in conformi-
ing directives, rules, and procedures for the secretary. ty with qualifications established by the department.
s.20.315 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.20.315
4. Notwithstanding the provisions of ss. 216.292 local program supervisors. The program supervisor shall
and 216.351, authority to transfer up to 10 percent of the have the following duties:
total regional budget, subject to the approval of the sec- 1. Direct all local program operations under his su-
retary, to maximize effective program operations. pervision in accordance with the policy guidelines and
5. Meeting regularly with other regional directors to program direction provided by state program offices.
make recommendations for modifications in program 2. Make recommendations on budget priorities and
policies to state program directors and to the secretary. resource allocations to the regional director.
(11) REGIONAL OFFICE OF MANAGEMENT AND 3. Identify and develop community resources and
(a) There shall be an office of management and 3(13) DEPARTMENTAL BUDGETS.-
budget in each region which shall provide the following (a) The secretary shall develop and submit annually
administrative support functions to the regional office: to the Legislature a comprehensive departmental sum-
1. Management evaluation and monitoring. mary budget document which shall array regional budg-
2. Regional management planning. et requests along program lines. This summary docu-
3. Accounting. ment shall, for the purpose of legislative appropriation,
4. Grants management and disbursement. consist of four distinct budget entities:
5. Personnel. 1. The Office of the Secretary and the Office of
6. Legal services for program support. Management and Budget.
7. Purchasing. 2. The Assistant Secretary for Programs and all pro-
8. Facilities housekeeping and maintenance. gram offices.
9. Preparation of the regional budget request and 3. The Assistant Secretary for Operations and all re-
administration of the approved operating budget. gional services.
10. Other responsibilities as assigned by the region- 4. The Assistant Secretary for Health Services.
al director. (b) To fulfill this responsibility, the secretary shall
(b) The director of the regional office of manage- have the authority to review, amend, and approve the
ment and budget shall be appointed by the regional di- annual budget requests of all departmental activities.
rector in conformity with qualifications established by Recommendations on departmental budget priorities
the department. The regional office of management and shall be furnished to the secretary by the Assistant Sec-
budget shall carry out its duties and responsibilities in retary for Operations, the Assistant Secretary for Man-
accordance with departmental policy. agement and Budget, the Assistant Secretary for Pro-
(12) PROGRAM OPERATIONS.- grams, and the Assistant Secretary for Health Services.
(a) The regional office shall provide direct manage- In addition, the secretary, notwithstanding the provi-
ment and supervision of departmental programs within sions of ss. 216 .292 and 216.351, may, whenever
the region. All superintendents of correctional facilities deemed necessary by reason of significantly changed
and supervisors of program operations in the region conditions, transfer funds between the approved oper-
shall report to the regional director. ating budgets of the regions. The total of such transfers
(b) In each region, in accordance with state program may not exceed 5 percent of the operating budget of an
policy, there shall be developed a regional correctional individual region during any fiscal year.
program which shall include at least the following com- (c) It is the responsibility of the Office of Manage-
ponents: ment and Budget to promulgate the necessary budget
1. Major correctional institutions in regions where timetables, formats, and data requirements for all de-
they are located. partmental budget requests. This shall be done in ac-
2. Intake programs. cordance with statewide budget requirements of the Ex-
3. Community residential programs. ecutive Office of the Governor.
4. Community services which shall include, at least, (d) It is the responsibility of the regional director to
parole and probation supervision, classification, and in- develop an annual budget request to be reviewed,
vestigation. Classification, investigation, and parole and amended, and approved by the secretary. Upon appro-
probation supervision may be organized in such a fash- priation of an approved regional budget, the regional di-
ion so as to permit the separation of youthful offenders rector shall be responsible for the execution of the oper-
and adults. The department may deploy its counselors ating budget during the fiscal year. Notwithstanding the
in youthful offender and adult specialties. However, provisions of ss. 216.292 and 216 .351, whenever
there shall be a single administrative and supervisory deemed necessary by reason of significantly changed
structure. conditions, the regional director may, subject to approv-
(c) All intake and community service programs shall al of the secretary, transfer funds between the various
be organized in accordance with boundaries of judicial programs in the region. The total of such transfers may
circuits. not exceed 10 percent of the approved operating budg-
(d) All institutions and program operations, working et of a region during any fiscal year.
with the regional office of management and budget, (14) INFORMATION SYSTEMS.-
shall purchase specialized services when available and (a) The secretary shall implement a priority program
appropriate rather than develop a service capability aimed at the design, testing, and integration of auto-
within the institution or program. mated information systems necessary for effective and
(e) In order to efficiently direct departmental pro- efficient management of the department. These sys-
grams in the region, the regional director may appoint tems shall contain, as a minimum, management data, of-
s.27.151 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.27.3455
the portions so designated shall be confidential and ex- 127.3455 Additional court costs; collection, use, and
empt from s. 119.07 and other laws and rules requiring distribution of funds.-
public access or disclosure. (1) When any person pleads guilty or nolo con-
(5) These exemptions are subject to the Open Gov- tendere to, or is found guilty of, any felony, misdemean-
ernment Sunset Review Act in accordance with s. or, or criminal traffic offense under the laws of this state
119.14. or the violation of any municipal or county ordinance
Hialory.-s. 2. ch . 75-193; s. 1. ch. 86-76. which adopts by reference any misdemeanor under
state law, there shall be imposed as a cost in the case,
27.345 Reimbursement of expenses in RICO for- in addition to any other cost required to be imposed by
feiture actions.- law, a sum in accordance with the following schedule:
1(1 )(a) Subject to the provisions of s. 895.09, when a (a) Felonies ..........................................................$200
state attorney brings an action pursuant to s. 895.05, 20 (b) Misdemeanors ..... ,... ,...... ,... " ...... ,""" ...... ,,,,,,,,$50
percent of all moneys recovered on behalf of the state (c) Criminal traffic offenses ...... " ....... " .... " .. .. """.$50
or an agency or unit of state government and 10 percent
of all moneys recovered on behalf of a local government The clerk of the court shall collect such additional costs
or a person resident in the state, or, alternatively, attor- and shall notify the agency supervising a person upon
neys' fees and costs, whichever is greater, shall be de- whom costs have been imposed upon full payment of
posited in the Civil RICO Trust Fund . fees. The clerk shall forward all but $3 for each misde-
(b) Subject to the provisions of s. 895.09, when a meanor or criminal traffic case and all but $5 for each fel-
state attorney and the Attorney General jointly bring an ony case to the Treasurer. The Treasurer shall deposit
action pursuant to s. 895.05, 10 percent of all moneys such funds in the Local Government Criminal Justice
recovered on behalf of the state or an agency or unit of Trust Fund to be administered by the Governor, follow-
state government and 5 percent of all moneys recovered ing consultation with the chairpersons of the appropria-
on behalf of a local government or a person resident in tions committees of the Senate and the House of Repre-
the state, or, alternatively, attorneys' fees and costs, sentatives. Such funds shall be used exclusively for
whichever is greater, shall be deposited in the Civil RICO those purposes set forth in subsection (2). The clerk
Trust Fund. shall retain $3 for each misdemeanor or criminal traffic
(2) When a state attorney contributes significantly to case and $5 for each felony case of each scheduled
the forfeiture of property in an action brought by the At- amount collected as a service charge of the clerk's of-
torney General pursuant to s. 895.05(2), his office shall fice. A political subdivision shall not be held liable for the
be reimbursed for its actual expenses incurred in signifi- payment of the additional cost imposed by this section.
cant contribution to the forfeiture of the property, in the (2) The priority for the distribution of funds deposit-
same manner as a law enforcement agency under s. ed in the trust fund shall be as follows:
895.09(1)(e), which reimbursement will be made from (a) Funds shall be distributed quarterly to the gov-
ernmental unit which provides to the state attorney and
the net amount recovered after satisfaction of any valid
public defender the services outlined in s. 27.34(2) and
claims under s. 895.09(1 )(a)-(d).
s. 27.54(3), except that such funds may not be used to
(3) There is created for each of the several state at-
pay for office space, utilities, or custodial services.
torneys a trust fund to be known as the Civil RICO Trust
(b) Funds remaining on deposit shall be distributed
Fund. The amounts awarded to a state attorney pursu-
quarterly to the Medical Examiners Commission within
ant to this section shall be deposited in the trust fund
the Department of Law Enforcement for distribution to
for that state attorney. Funds deposited in such trust the boards of county commissioners to supplement the
fund shall be used, when authorized by appropriation or actual cost of operations and services of medical exam-
action of the Executive Office of the Governor pursuant iners, including the costs associated with the investiga-
to s. 216.181(8), for investigation, prosecution, and en- tion of state prison inmate deaths. Funds distributed in
forcement by that state attorney of civil causes of action any year to supplement the cost of operations and ser-
arising under the provisions of the Florida RICO (Racke- vices of medical examiners shall not exceed $1 per capi-
teer Influenced and Corrupt Organization) Act; except ta statewide.
that such funds may not be used to pay the salaries of (c) Counties establishing or having in existence a
permanent employees. comprehensive victim-witness program which meets
(4) Each state attorney shall report to the Executive the standards set by the Bureau of Crimes Compensa-
Office of the Governor annually by November 15, com- tion shall be eligible to receive available 50 percent
mencing in 1985, the amounts recovered pursuant to matching trust fund moneys. Funds distributed in any
this section for the previous fiscal year. The Executive year to supplement such programs shall not exceed 25
Office of the Governor shall distribute these reports to cents per capita statewide. Funds for the comprehen-
the President of the Senate, the Speaker of the House sive victim-witness programs shall be transferred from
of Representatives, and each chairperson of an appro- the trust fund to the Bureau of Crimes Compensation for
priations committee. distribution to the counties.
Hislory.-s. 3. ch . 84-249; s. 2. ch. 86-277.
'Nole.-Section 8of ch. 86-277 provides that "[t]his act shall apply to all civil pro-
ceedings commenced on or after October 1. 1986. provided that [section 2] shall
No county may receive funds distributed pursuant to
also apply to all civil proceedings pending on October 1. 1986 for which a distribution this subsection in an amount which exceeds that coun-
of proceeds under s. 895.09, Florida Statutes, has yet to be determined."
cf.-ss. 895.01-895.06 Florida RICO (Racketeer Influenced and Corrupt Organiza-
ty's pro rata share, which share is based upon the coun-
tion) Act. ty's collections as a percentage of total collections
s.27.3455 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.27.37
statewide. Such funds shall be remitted to the counties (5) The council shall meet as often as necessary, at
pursuant to the provisions of this section. No funds may the call of the chairman or upon majority vote of its mem-
be distributed to a governmental unit until the govern- bers.
mental unit submits documentation substantiating the (6)(a) Notwithstanding s. 119.14, all documents per-
expenditure. taining to criminal intelligence or investigations in the
(3) At the end of each fiscal year unencumbered possession or control of the Council on Organized Crime
funds remaining in the trust fund shall be distributed as are exempt from the provisions of s. 119.07.
follows: (b)1. The Council on Organized Crime shall not be
(a) Twenty-five percent of the unencumbered bal- considered an "agency" within the definition of s. 120.52.
ance shall remain in the trust fund; and 2. The Council on Organized Crime shall be consid-
(b) Seventy-five percent of the unencumbered bal- ered a "criminal justice agency" within the definition of
ance shall be transferred to the General Revenue Fund s. 119.011(4).
of the state. (c) If the council meets solely for the purpose of fur-
(c) Any agency which incurs administrative costs as thering a criminal investigation, that meeting shall be ex-
a result of the implementation of this act shall submit to empt from the requirements of s. 286.011, and only
the Executive Office of the Governor and the chairmen those members of the council and staff specifically des-
of the legislative appropriations committees by April 15, ignated by the chairman shall be authorized to attend.
1986, a report which details those costs incurred during (7) The chairman of the councilor the legal adviser
fiscal year 1985-1986 and 2the costs projected for fiscal to the statewide grand jury may issue subpoenas and
year 1986-1987. other necessary process to compel attendance of wit-
Hislory.-ss. 2. 3. ch. 85-213; s. 1. ch. 86-154.
'Nole.-Expires effective October 1. 1988. nesses and take testimony before the council. The chair-
2Nole.-The words 'the costs' were inserted by the editors. man or any member of the council may administer oaths
or affirmations to witnesses who appear before the
127.37 Council on Organized Crime.- council to testify on any matter on which the council may
(1) There is created in the office of the Governor a desire evidence.
council to be known as the Council on Organized Crime. (8) Any attorney employed by the council to provide
The council shall be composed of seven members, of
staff support to the council shall be an assistant state
whom five shall be state attorneys appointed by and attorney assistant to the legal adviser and the other
serving at the pleasure of the Governor; one shall be a
members of the council consistent with the appoint-
member of the Senate appointed by the President of the
ment, term, powers, duties, and compensation estab-
Senate; and one shall be a member of the House of Rep-
lished in s. 27.181.
resentatives appointed by the Speaker of the House of
Representatives. The Governor shall designate one (9) The public meetings and public records exemp-
state attorney member to serve as chairman. tions in this section are subject to the Open Government
(2) Members of the council are entitled to reimburse- Sunset Review Act in accordance with ss. 119.14 and
ment for per diem and travel expenses as provided in s. 286.0111.
Hiatory.-s. 2, ch. 77-403; s. 9, ch. 79-400; s. 1, ch. 81-135; s. 1, ch. 82-46; s.
112.061. 8, ch. 83-217; s. 2, ch. 83-265; s. 3, ch. 84-254; s. 4, ch. 85-179; s. 1, ch. 86-9.
(3) The Governor shall designate one of the state at- 'Nole.-
A. Section 4, ch. 85-179, amended this section effective 'on the effective date
torney members of the council to act as legal adviser of the amendment to the State Constitution proposed by House Joint Resolution No.
and direct the operation of the statewide grand jury as 386 or any similar joint resolution providing that the Attorney General shall have con-
current jurisdiction with state attorneys for the prosecution of criminal offenses." 11
provided in s. 905.36. The remaining state attorney ch. 85-179 takes effect, this section will read:
members of the council may assist the legal adviser and 27.37 Council on Organized Crime.-
(1) There is created in the office of the Governor a council to be known as the
attend sessions of the statewide grand jury; however, Council on Organized Crime. The council shall be composed of seven members, of
nothing herein shall be construed to authorize a person whom four shall be state attorneys appOinted by and serving at the pleasure of the
Governor; one shall be the statewide prosecutor in charge of the Office of Statewide
other than a designated legal adviser or assistant legal Prosecution, serving ex officio; one shall be a member of the Senate appointed by
adviser to attend sessions of the statewide grand jury. the President of the Senate; and one shall be a member of the House of Representa-
tives appointed by the Speaker of the House of Representatives. The Governor shall
(4) The duties of the council include, but need not designate one state attorney member to serve as chairman.
be limited to, the following: (2) Members of the council are entitled to reimbursement for per diem and travel
(a) Determining the scope and extent of organized expenses as provided in s. 112.061 .
(3) The statewide prosecutor shall act as legal adviser and direct the operation
crime in this state through public or private hearings or of the statewide grand jury as provided in s. 905.36. The state attorney members
other appropriate investigation, notWithstanding s. of the council may assist the legal adviser and attend sessions of the statewide
grand jury; however, nothing herein shall be construed to authorize a person other
119.14; than one deSignated by the legal adviser to attend sessions of the statewide grand
(b) Establishing policy and priorities for the prosecu- jury.
(4) The duties of the council include, but need not be limited to, the following:
tion of organized crime cases throughout the state; (a) Determining the scope and extent of organized crime in this state through
(c) Advising the Governor, the President of the Sen- public or private hearings or other appropriate investigation;
(b) Establishing policy and priorities for the prosecution of organized crime
ate, and the Speaker of the House of Representatives, cases throughout the state; and
in a report published on or before March 1 of each year, (c) Advising the Governor, the Attorney General, the President of the Senate,
and the Speaker of the House of Representatives, in a report published on or before
of its recommendations for legislation and for funding of March 1 of each year, of its recommendations for legislation and for funding of the
the various aspects of the criminal justice system and various aspects of the criminal justice system and of appropriate state regulatory
of appropriate state regulatory agencies; and (5) The council shall meet as often as necessary, at the call of the chairman or
(d) Providing, from among the state attorney mem- upon majority vote of its members.
(6)(a) All documents pertaining to criminal intelligence or investigations in the
bers of the council, adequate staff support for the legal possession or control of the Council on Organized Crime are exempt from the provi-
adviser of the statewide grand jury. sions of s. 119.07.
s.39.01 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.01
marginal efforts that do not evince a settled purpose to (f) To have been voluntarily placed with a licensed
assume all parental duties, the court may declare the child-caring agency, a licensed child-placing agency,
child to be abandoned. The failure by any such person or the department, Whereupon, pursuant to the require-
to appear in response to actual or constructive service ments of s. 409.168, a performance agreement has ex-
in a dependency proceeding shall give rise to a rebutta- pired and the parent or parents have failed to substan-
ble presumption of such person's ability to provide for tially comply with the requirements of the agreement.
and communicate with the child . (10) "Child support" means a court-ordered obliga-
(2) "Abuse" means any willful act that results in any tion, enforced pursuant to ss. 409.2551-409.2597, for
physical, mental, or sexual injury that causes or is likely monetary support for the care, maintenance, training,
to cause the child's physical, mental, or emotional health and education of a child.
to be significantly impaired. (11) "Community control" means the legal status of
(3) "Adjudicatory hearing" means a hearing provided probation created by law and court order in cases involv-
for under s. 39.09(1), in delinquency cases, or s. ing a child who has been found to have committed a de-
39.408(1), in dependency cases. linquent act. Community control is an individualized pro-
(4) "Adult" means any natural person other than a gram in which the freedom of the child is limited and the
child. child is restricted to noninstitutional quarters or restrict-
(5) "Authorized agent of the department" means a ed to the child's home in lieu of commitment to the cus-
person assigned or designated by the department to tody of the department in a training school, halfway
perform duties or exercise powers pursuant to this chap- house, or other residential program of the department.
ter. (12) "Court," unless otherwise expressly stated,
(6) "Caretaker/homemaker" means an authorized means the circuit court.
agent of the department who shall remain in the child's (13) "Crisis home" means a homelike facility author-
home with the child until a parent, legal guardian, or rela- ized by the department for the temporary placement
tive of the child enters the home and is capable of as- and care of a child who does not require detention or
suming and agrees to assume charge of the child. shelter care but who is not able to remain in his own
(7) "Child" means any unmarried person under the home. A crisis home need not be a licensed facility.
age of 18 alleged to be dependent or any married or un- (14) "Department" means the Department of Health
married person who is charged with a violation of law oc- and Rehabilitative Services.
curring prior to the time that person reached the age of (15) "Detention care" means the temporary care of a
18 years. child in a detention home or nonsecure detention pro-
(8) "Child who has committed a delinquent act" gram, including home detention and attention homes as
means a child who, pursuant to the provisions of this authorized by chapter 959, pending court disposition or
chapter, is found by a court to have committed a felony, execution of a court order.
a misdemeanor, contempt of court, or a violation of a lo- (16) "Detention hearing" means a hearing provided for
cal penal ordinance and whose case has not been pros- under s. 39.032, in delinquency cases, or s. 39.402, in
ecuted as an adult case, except that this definition shall dependency cases.
not include an act constituting contempt of court arising (17) "Detention home" means a facility used pending
out of a dependency proceeding. court disposition or execution of court order for the tem-
(9) "Child who is found to be dependent" means a porary care of a child alleged or found to have commit-
child who, pursuant to this chapter, is found by the ted a violation of law. A detention home may provide se-
court: cure or nonsecure custody. A facility used for the com-
(a) To have been abandoned, abused, or neglected mitment of adjudicated delinquents shall not be consid-
by his parents or other custodians. ered a detention home.
(b) To have been surrendered to the department or (18) "Disposition hearing" means a hearing provided
a licensed child-placing agency for purpose of adop- for under s. 39.09(3), in delinquency cases, or s.
tion. 39.408(2), in dependency cases.
(c) To have persistently run away from his parents (19) "Halfway house" means a community-based resi-
or legal guardian despite reasonable efforts of the par- dential program for 12 or more committed delinquents
ent or guardian and appropriate agencies to remedy the that is operated by the department.
conditions contributing to the behavior. Reasonable ef- (20) "Intake" means the acceptance of a law enforce-
forts may include such things as good faith participation ment report or complaint and the screening thereof to
in family and individual counseling. determine whether action by the court is warranted, the
(d) To be habitually truant from school while being disposition of the report or complaint without court or
subject to compulsory school attendance. public agency action when appropriate, the referral of
(e) To have persistently disobeyed the reasonable the child to another public or private agency when ap-
and lawful demands of his parents or other legal custodi- propriate, and the recommendation by the intake officer
ans and to be beyond their control despite reasonable of court action when appropriate.
efforts of the parents or legal custodians and appropri- (21) "Intake officer" means the authorized agent of the
ate agencies to remedy the conditions contributing to department performing the intake function for a child al-
the behavior. Reasonable efforts may include such leged to be delinquent or dependent.
things as good faith participation in family and individual (22) "Judge" means the circuit judge exercising juris-
counseling. diction pursuant to this chapter.
s.39.01 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.01
(23) "Legal custody" means a legal status created by (31) "Nonsecure detention" means a program for the
court order or letter of guardianship which vests in a cus- temporary care of children, pending delinquency adjudi-
todian of the person or guardian, whether an agency or cation or court disposition.
an individual, the right to have physical custody of the (32) "Parent" means the natural father or natural moth-
child and the right and duty to protect, train, and disci- er of a child. If a child has been legally adopted, the term
pline him and to provide him with food, shelter, educa- "parent" means the adoptive mother or father of the
tion, and ordinary medical, dental, psychiatric, and psy- child.
chological care. (33) "Protective supervision" means a legal status cre-
(24) "Licensed child-caring agency" means a person, ated by court order in dependency cases which permits
society, association, or agency licensed by the depart- the child to remain in his own home or other placement
ment to care for, receive, and board children . under the supervision of an agent of the department,
(25) "Licensed child-placing agency" means a per- subject to being returned to the court during the period
son, society, association, or institution licensed by the of supervision.
department to care for, receive, or board children and (34) "Secure detention facility" means a physically re-
to place children in a licensed child-caring institution or stricting facility for the temporary care of children, pend-
a foster or adoptive home. ing delinquency adjudication or court disposition.
(26) "Licensed health care professional" means a phy- (35) "Shelter" means a place for the temporary care of
sician licensed under chapter 458, an osteopathic physi- a child who is alleged to be or who has been found to
cian licensed under chapter 459, a nurse licensed under be dependent, pending court disposition before or after
chapter 464, a physician's assistant certified under adjudication or after execution of a court order. "Shelter"
chapter 458, or a dentist licensed under chapter 466. may include a facility which provides 24-hour continual
supervision for the temporary care of a child who is
(27) "Likely to injure oneself" means that, as evi-
denced by violent or other actively self-destructive be- placed pursuant to s. 39.402(5).
(36) "Taken into custody" means the status of a child
havior, it is more likely than not that within a 24-hour pe-
immediately when temporary physical control over the
riod the child will attempt to commit suicide or inflict seri-
child is attained by a person authorized by law, pending
ous bodily harm on himself.
the child 's release, detention, placement, or other dispo-
(28) "Likely to injure others" means that it is more like-
sition as authorized by law.
ly than not that within a 24-hour period the child will in-
(37) "To be habitually truant" means that:
flict serious and unjustified bodily harm on another per-
(a) The child has been absent from school without
the knowledge or justifiable consent of the child's parent
(29) "Necessary medical treatment" means care
or legal guardian and is not exempt from attendance by
which is necessary within a reasonable degree of medi-
virtue of being over the age of compulsory school at-
cal certainty to prevent the deterioration of a child's con-
tendance or by meeting the criteria in s. 232.06, s.
dition or to alleviate immediate pain of a child.
232.09, or any other exemptions specified by law or the
(30) "Neglect" occurs when the parent or legal custo- rules of the State Board of Education;
dian of a child or, in the absence of a parent or legal cus- (b) In addition to the actions described in ss.
todian, the person primarily responsible for the child's 230.2313(3)(c) and 232.17, the school administration has
welfare deprives a child of, or allows a child to be de- completed the following escalating activities to deter-
prived of, necessary food, clothing, shelter, or medical mine the cause, and to attempt the remediation, of the
treatment or permits a child to live in an environment child's truant behavior:
when such deprivation or environment causes the 1. One or more meetings have been held between
child's physical, mental, or emotional health to be signifi- a school attendance professional or school social work-
cantly impaired or to be in danger of being significantly er, the child's parent or guardian, and the child, if neces-
impaired. The foregoing circumstances shall not be con- sary, to report and to attempt to solve the truancy prob-
sidered neglect if caused primarily by financial inability lem. However, if the school attendance professional or
unless services for relief have been offered and rejected. school social worker has documented the refusal of the
A parent or guardian legitimately practicing his religious parent or guardian to participate in the meetings, then
beliefs in accordance with a recognized church or reli- this requirement has been met and the school adminis-
gious organization who thereby does not provide specif- tration shall proceed to the next escalating activity;
ic medical treatment for a child shall not, for that reason 2. Educational counseling has been provided to de-
alone, be considered a negligent parent or guardian; termine whether curriculum changes would help solve
however, such an exception does not preclude a court the truancy problem, and, if any changes were indicat-
from ordering the following services to be provided, ed, such changes were instituted but proved unsuc-
when the health of the child so requires: cessful in remedying the truant behavior. Such curricu-
(a) Medical services from a licensed physician, den- lum changes may include enrollment of the child in an
tist, optometrist, podiatrist, or other qualified health care alternative education program that meets the specific
provider; or educational and behavioral needs of the child; and
(b) Treatment by a duly accredited practitioner who 3. Educational evaluation, which may include psy-
relies solely on spiritual means for healing in accordance chological evaluation, has been provided to assist in de-
with the tenets and practices of a well-recognized termining the specific condition, if any, that is contribut-
church or religious organization. ing to the child's nonattendance. The evaluation must
5.39.01 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 5.39.031
have been supplemented by specific efforts by the including all copies thereof shall be marked "Juvenile
school to remedy any diagnosed condition; Confidential." Notwithstanding the provisions of s.
(c) A school social worker or other person designat- 119.14, these records shall not be available for public
ed by the school administration, if the school does not disclosure and inspection under s. 119.07, but such rec-
have a school social worker, and an intake officer of the ords shall be available to other law enforcement agen-
department have jointly investigated the truancy prob- cies, state attorneys, the courts, the child, the parents
lem or, if that was not feasible, have performed separate or legal custodians of the child, their attorneys, or any
investigations to identify conditions which may be con- other person authorized by the court to have access to
tributing to the truant behavior; and if, after a jOint staff- such records. These records may, in the discretion of
ing of the case to determine the necessity for services, the court, be opened to inspection by anyone upon a
such services were determined to be needed, the per- showing of good cause. This exemption is subject to the
sons who performed the investigations met jointly with Open Government Sunset Review Act in accordance
the family and child to discuss any referral to appropri- with s. 119.14. The fingerprint and photograph records
ate community agencies for economic services, family shall be produced in the court whenever directed by the
or individual counseling, or other services required to court. Any photograph taken pursuant to this section
remedy the conditions that are contributing to the truant may be shown by a law enforcement officer to any victim
behavior; and or witness of a crime for the purpose of identifying the
(d) The failure or refusal of the parent or legal guard- person who committed such crime.
ian or the child to participate, or make a good faith effort (2) If the child is not referred to the court, or if the
to participate, in the activities prescribed to remedy the child is found not to have committed an offense or delin-
truant behavior, or the failure or refusal of the child to re- quent act, the court may, after notice to the law enforce-
turn to school after participation in activities required by ment agency involved, order the originals and copies of
this subsection, or the failure of the child to stop the tru- the fingerprints and photographs destroyed. Unless oth-
ant behavior after the school administration and the de- erwise ordered by the court, if the child is found to have
partment have worked with the child as described in s. committed an offense which would be a felony if it had
232.19(3) shall be handled as prescribed in s. 232.19. been committed by an adult, then the law enforcement
(38) "Training school" means one of the following facil- agency having custody of the fingerprint and photo-
ities: the Arthur G. Dozier School or the Florida School graph records shall retain the originals and immediately
for Boys at Okeechobee. thereafter forward adequate duplicate copies to the
(39) "Violation of law" means a violation of any law of court along with the written offense report relating to the
the United States or of the state which is a misdemeanor matter for which the child was taken into custody. Ex-
or a felony. "Violation of law" also means a violation of a cept as otherwise provided by this subsection, the
county or municipal ordinance which would be punish- court, after the disposition hearing on the case, shall for-
able by incarceration if the violation were committed by ward duplicate copies of the fingerprints and photo-
an adult. graphs, together with the child's name, address, date of
(40) "Waiver hearing" means a hearing provided for birth, age, and sex, to the following agencies:
under s. 39.09(2). (a) The Department of Law Enforcement.
History.-s. 1. ch. 26880.1951; 55. 1, 2, ch. 67-585; s. 3, ch. 69-353; s. 4, ch. (b) The sheriff of the county in which the child was
69-365; 55.19. 35, ch. 69-106; 5.1, ch. 71-117; 5.1, ch. 71-130; 5. 10, ch. 71-355; taken into custody, in order to maintain a central child
55.4,5, ch. 72-179; 55. 19,30, ch. 72-404; 55. 2, 23, ch. 73-231 ; s. 1, ch. 74-368;
55. 15,27.28, ch. 75-48; s. 4. ch. 77-147; 5.2, ch. 78-414; 5.9. ch. 79-164; s. 2. identification file in that county.
ch. 79-203; 5.1 . ch. 80-290; 55.1,17, ch. 81-218; 55. 4,15, ch. 84-311; s. 4. ch. (c) The law enforcement agency of each municipali-
85-80; s. 2. ch. 85-206; 55. 73. 78. ch . 86-220.
ty having a population in excess of 50,000 persons and
PART II located in the county of arrest, if so requested specifical-
ly or by a general request by that agency.
DELINQUENCY CASES (3) All law enforcement agencies and the Depart-
ment of Law Enforcement shall use these fingerprint and
39.031 Fingerprinting and photographing. photograph records only for identification purposes. If
39.032 Detention. an identification is made, the Department of Law En-
39.11 Powers of disposition. forcement shall advise the forwarding law enforcement
39.111 Community control or commitment of children agency of this fact and of the name and last known ad-
prosecuted as adults. dress of the child. Fingerprint and photograph records
39.14 Appeal. received pursuant to this section by the Department of
39.145 Additional grounds for appeal by the state; Law Enforcement shall be retained and purged in the
time for taking. same manner as other information under s. 39.12(2).
39.146 Order or decision when state appeals. Records relating to juveniles shall not be commingled
with records of adult offenders.
39.031 Fingerprinting and photographing.- (4) Nothing contained in this section shall prohibit
(1) Any law enforcement agency may fingerprint and the fingerprinting or photographing of child traffic viola-
photograph a child taken into custody upon probable tors. All records of such traffic violations shall be kept
cause that such child has committed a violation of law. in the full name of the violator and shall be open to in-
The fingerprint records and photographs so taken shall spection and publication in the same manner as adult
be retained by the law enforcement agency in a sepa- traffic violations . Nothing contained in this section shall
rate file maintained only for that purpose . These records apply to photographing of children by the department.
s.39.031 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.032
History.-s. 6. ch. 78-414: s. 7. ch. 79- 8: s. 11. ch . 79-164: s. 4. ch. 80-290: s. 3. The child has previously been found to have
4. ch . 81-218: s. 1. ch. 86-19. committed a delinquent act involving a crime of vio-
4. The child has previously been found to have
(1) The intake officer shall receive custody of the
committed a delinquent act which is defined by state
child from the law enforcement agency and shall review
law as a felony;
the facts in the law enforcement report or complaint and
5. The child has previously been found to have
make such further inquiry as may be necessary to deter-
committed a delinquent act involving property;
mine whether detention care is required. During the peri-
6. The child is presently in a community control pro-
od of time from the taking of the child into custody by
gram or committed to the department; or
the department to the date of the detention hearing , the
7. There are reasonable grounds to believe that the
initial decision as to the child's detention or release from
child may physically harm or has threatened to physical-
custody shall be made jOintly by the intake officer and
ly harm witnesses, victims, other persons, or property.
the law enforcement agency that took custody of the
child . If the intake officer and the law enforcement agen- A child who is detained under this subsection or subsec-
cy disagree as to whether the criteria for detention are tion (3) shall be given a detention hearing within 24
met or as to whether secure detention should be re- hours of his being taken into custody to determine the
quired, the department shall contact the state attorney, existence of probable cause to believe that the child has
who shall decide, on a case by case basis, whether the committed such delinquent act or violation of law and
child shall be detained and whether the child shall be the need for continued detention . The circuit court, or
placed in secure or nonsecure detention. If the intake of- the county court if previously designated by order of the
ficer or the law enforcement agency, or both, determine chief judge of the circuit court , shall hold the detention
that a child who meets the criteria in subsection (2) hearing.
should be released, the intake officer shall contact the (3) Notwithstanding the criteria in subsection (2). a
state attorney, who may authorize release. If detention child may be placed or detained in a secure or nonse-
care is not authorized, the child may be released by the cure detention facility if the child is alleged or found to
intake officer in accordance with s. 39.03(2). Under no be in contempt of court.
circumstances shall the intake officer or the state attor- (4) Except in emergency situations, a child shall not
ney authorize the detention of any child in a jailor other be placed or transported in any police car or other simi-
facility intended or used for the detention of adults. lar vehicle which at the same time contains an adult un-
(2) Subject to the provisions of subsection (1), a der arrest, unless the adult is alleged or believed to be
child taken into custody shall be placed or detained in involved in the same offense or transaction as the child.
detention care prior to disposition by the court if: (5) The court may order the delivery of a child to a
(a) The child is taken into custody for the alleged jailor other facility intended or used for the detention of
commission of an act which, if committed by an adult, adults:
would be a felony; (a) When the child has been transferred or indicted
(b) The child is alleged to be an escapee or ab- for criminal prosecution as an adult pursuant to this
sconder from detention care, probation, parole, fur- chapter; or
lough, a community control program, a delinquency (b) When a child taken into custody in this state is
commitment program, or the custody of a law enforce- wanted by another jurisdiction as an adult; or
ment agency in this or any other state; (c) When the court determines, upon the recommen-
(c) The child is wanted in another jurisdiction for an dation of the superintendent of the detention home, that
offense which, if committed by an adult, would be a felo- the child is beyond the control of the detention home
ny or misdemeanor in such jurisdiction; staff.
(d) The child is taken into custody for the alleged
commission of an act which, if committed by an adult, If the child is being held in detention by order of the court
would be a violation of law and requests protection in cir- solely for an allegation of, or a finding of, contempt of
cumstances that appear to present an immediate threat court for a violation of a dependency court order, the
to his personal safety and there are no crisis or shelter child shall not be delivered to a jailor other facility in-
homes available in which to place the child. Such a child tended for the detention of adults. The receiving facility
shall be released upon the child's request ; shall contain a separate section for children and shall
(e) The child is alleged to have committed an of- have an adequate staff to supervise and monitor the
fense which, if committed by an adult, would be a crime child's activities at all times. Nothing in this paragraph
of violence; or shall prohibit the placing of two or more children in the
(f) The child is taken into custody for the alleged same cell. Under no circumstances shall a child be
commission of an act which, if committed by an adult, placed in the same cell as an adult.
would be a violation of law, and any of the following ap- (6)(a) No child shall be held in detention care or shel-
plies: ter care longer than 24 hours unless the court orders de-
1. The child is already detained or has been re- tention care or shelter care in accordance with the provi-
leased and is awaiting a hearing on another case; sions of subsection (2) or subsection (3). The decision
2. There are reasonable grounds to believe that the as to the release of the child from detention care or from
child will fail to appear at any hearing; shelter care shall be made by the court. The order shall
s.39.032 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.11
be a final order and shall be reviewable by appeal pursu- The sanction imposed by order of the court shall be
ant to s. 39.14 and the Florida Appellate Rules. commensurate with the seriousness of the offense.
(b) No child shall be held in detention care or a crisis When supervision or a program of public service is or-
home under a special detention order for more than 21 dered by the court, the duration of such supervision or
days unless an adjudicatory hearing for the case has program shall not be longer than the sentence that
been commenced by the court. could be imposed if the child were committed for the of-
(c) No child shall be held in detention care or a crisis fense. When restitution is ordered by the court, the
home for more than 15 days following the entry of an or- amount of restitution shall not be greater than an
der of adjudication unless an order of disposition pursu- amount the child and his parents could reasonably be
ant to s. 39.11 has been entered by the court or unless expected to payor make. A child who participates in any
a continuance, which shall not exceed 15 days, has work program under the provisions of this chapter shall
been granted for good cause. The detention home su- be considered an employee of the state for purposes of
perintendent shall request that the court order the re- liability, unless otherwise provided by law.
lease of any child held beyond 15 days without a grant 2. There may be established in each judicial circuit
of continuance. a community control program advisory council which
(d) The time limits in paragraphs (b) and (c) do not shall periodically, at least quarterly, advise the court of
include periods of delay resulting from a continuance the diversion programs and dispositional alternatives for
granted by the court for good cause shown on motion children available within that circuit. The presiding judge
of the child or his counselor of the state, or upon motion of the circuit shall appoint no fewer than seven members
of the court. to constitute the council. The council shall include as ex
(7) When any child is placed in detention or shelter officio members the state attorney, the superintendents
care or a crisis home pursuant to a court order following of schools within the circuit, and an intake officer of the
a detention hearing, the court shall order the natural or department, or their designees.
adoptive parents of such child, the natural father of such If the conditions of the community control program are
child born out of wedlock who has acknowledged his pa- violated, the agent supervising the community control
ternity in writing before the court, or the guardian of program as it relates to the child involved or the state
such child's estate, if possessed of assets which under attorney may bring the child before the court on a peti-
law may be disbursed for the care, support, and mainte-
tion alleging a violation of the program. If the child de-
nance of the child, to pay to the department or institution nies that he has violated the conditions of his program,
having custody of the child fees as established by the the court shall give him an opportunity to be heard in
department. When the order affects the guardianship person or through counsel, or both. Upon his admission
estate, a certified copy of the order shall be delivered to or after such hearing, if the court finds that the condi-
the judge having jurisdiction of the guardianship estate. tions of the community control program have been vio-
Hislory.-s. 6, ch. 78-414; s. 5, ch. 80-290; s. 5, ch. 81-218; s. 4, ch. 85-206; s.
79, ch. 86-220. lated, the court shall enter an order revoking, modifying,
or continuing the program. In all cases after a revocation,
39.11 Powers of disposition.- the court shall enter a new disposition order and shall
(1) When any child is adjudicated by the court to have full power at that time to make any disposition it
have committed a delinquent act, the court having juris- could have made at the original disposition hearing. Not-
diction of the child shall have the power, by an order in withstanding the provisions of s. 743.07, the term of any
which is stated the facts upon which a determination of order placing a child in a community control program
a sanction and rehabilitative program was made at the shall be until his 19th birthday unless he is sooner re-
disposition hearing, to: leased by the court, on the motion of an interested party
(a) Place the child in a community control program or on its own motion.
under the supervision of an authorized agent of the de- (b) Commit the child to a licensed child-caring
partment or of any other person or agency specifically agency willing to receive the child, but the court shall not
authorized and appointed by the court, either in the commit the child to a jailor to a facility used primarily as
child's own home or, if the prospective custodian is will- a detention home or shelter.
ing, in the home of a relative of the child or in some other (c) Commit the child to the department. Such com-
suitable place under such reasonable conditions as the mitment shall be for the purpose of exercising active
court may direct. A community control program is as de- control, including, but not limited to, custody, care, train-
fined in 1S. 39.01 (11) and shall include a penalty such as ing, treatment, and furlough into the community. Not-
restitution, curfew, revocation or suspension of the driv- withstanding the provisions of s. 743.07, the term of the
er's license of the child, or other nonresidential punish- commitment shall be until the child is discharged by the
ment appropriate to the offense and a rehabilitative pro- department or until he reaches the age of 19.
gram. (d) Revoke or suspend the driver's license of the
1. Community control programs for children shall child.
be supervised by the department or by any other person (e) Require the child to render a public service in a
or agency specifically authorized by the court. These public service program .
programs shall include, but shall not be limited to, struc- (f) As part of the community control program to be
tured or restricted activities designed to encourage ac- implemented by the department, or, in the case of a
ceptable and functional social behavior, restitution in committed child, as part of the community-based sanc-
money or in kind, school attendance, or public service. tions ordered by the court at the disposition hearing or
s.39.11 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.111
before the child's release from commitment, order the (6) The court may at any time enter an order ending
child or parent to make restitution for the damage or loss its jurisdiction over any child.
caused by his offense in a reasonable amount or manner (7) Whenever a child is required by the court to par-
to be determined by the court. The court may require the ticipate in any work program under the provisions of this
clerk of the circuit court to be the receiving and dispens- chapter or whenever a child volunteers to work in a
ing agent. In such case, the court shall order the child specified state, county, municipal, or community service
or parent to pay to the office of the clerk of the circuit organization supervised work program or to work for the
court an amount not to exceed the actual cost incurred victim, either as an alternative to monetary restitution or
by the clerk as a result of receiving and dispensing resti- as a part of the rehabilitative or community control pro-
tution payments. The liability of a parent under this para- gram, such child shall be considered an employee of the
graph shall not exceed $2,500 for anyone criminal epi- state for the purposes of chapter 440. In determining the
sode. A finding by the court, after a hearing, that the par- child's average weekly wage unless otherwise deter-
ent has made diligent good faith efforts to prevent the mined by a specific funding program, all remuneration
child from engaging in delinquent acts shall absolve the received from the employer shall be considered a gratu-
parent of liability for restitution under this paragraph. ity, and the child shall not be entitled to any benefits oth-
(g) Order the child to participate in a community erwise payable under s. 440.15, regardless of whether
work project, either as an alternative to monetary restitu- the child may be receiving wages and remuneration
tion or as part of the rehabilitative or community control from other employment with another employer and re-
program. gardless of his future wage-earning capacity.
(2) When any child is adjudicated by the court to (8) The court upon motion of the child, or upon its
have committed a delinquent act and temporary legal own motion, may within 60 days after imposition of a dis-
custody of the child has been placed with a licensed position of commitment suspend the further execution
child-caring agency or the department, the court shall of the disposition and place the child on probation in a
order the natural or adoptive parents of such child, the community control program upon such terms as the
natural father of such child born out of wedlock who has court may require. The department shall forward to the
acknowledged his paternity in writing before the court, court all relevant material on the child's progress while
or the guardian of such child's estate, if possessed of in custody not later than 3 working days prior to the
assets which under law may be disbursed for the care, hearing on the motion.
support, and maintenance of the child, to pay fees to the (9) The nonconsent of the child to commitment or
licensed child-caring agency or the department. When treatment in a drug control program shall in no way pre-
the order affects the guardianship estate, a certified clude the court from ordering such commitment or treat-
copy of the order shall be delivered to the judge having ment.
Hlatory.-s. 1, ch . 26880,1951; s. 5, ch. 29900,1955; s. 7, ch. 63-449; s. 1, ch.
jurisdiction of the guardianship estate. 65-462; s. 3, ch. 67-585; s. 1, ch. 67-61; ss. 5, 6, ch. 69-365; ss. 19, 35, ch. 69-106;
(3) Any order made pursuant to subsection (1) may s. 6, ch. 71-130; s. 17, ch. 73-231; ss. 3, 4, 5, 6, ch. 74-368; s. 24, ch. 75-48; s. 1,
ch. 75-114; s. 1, ch. 75-135; s. 1, ch. 75-159; s. 1, ch. 75-168; s. 18, ch. 77-104;
thereafter be modified or set aside by the court. s. 9. ch. 77-147; s. 1, ch. 77-313; s. 15, ch. 78-414; s. 12, ch. 79-164; s. 11, ch.
(4) Any commitment of a delinquent child to the de- 80-290; ss. 11, 17, ch. 81-218; s. 2, ch. 84-231; s. 80, ch.86-22O.
'Note.-See s. 78, ch. 86-220, which renumbered the subsections in s. 39.01.
partment shall be for an indeterminate period of time,
but the time shall not exceed the maximum term of im- 39.111 Community control or commitment of chil-
prisonment which an adult may serve for the same of- dren prosecuted as adults.-
fense. Any child so committed may be discharged from (1) A child who is found to have committed a crimi-
institutional confinement or a program upon the direc- nal offense may, as an alternative to other dispositions,
tion of the department with the concurrence of the court. be committed to the department for treatment in a youth
Notwithstanding the provisions of s. 743.07, no child program outside the correctional system as defined in
shall be held under a commitment from a court pursuant s. 944.02, be placed in a community control program, or
to this section after becoming 19 years of age. The de- be classified as a youthful offender.
partment shall give the court which committed the child (2) Upon a plea of guilty or a finding of guilt, the
to the department reasonable notice, in writing, of its de- court may refer the case to the department for investiga-
sire to discharge the child from a commitment to the de- tion and recommendation as to the suitability of its pro-
partment. The court which committed the child may grams for the child.
thereafter accept or reject the request. If the court does (3) In order to utilize this section, the court shall stay
not respond within 10 days after receipt of the notice, and withhold adjudication of guilt and instead shall ad-
the request of the department shall be deemed granted. judge the defendant to have committed a delinquent
Under no circumstances shall the court have authority act. Such adjudication shall not be deemed a conviction,
over the discharge of a child from commitment provided nor shall it operate to impose any of the civil disabilities
in this subsection unless the court, in its commitment or- ordinarily resulting from a conviction.
der, states that it retains such authority. (4) The court shall have the power by order to:
(5) In carrying out the provisions of this chapter, the (a) Place the child in a community control program
court may order the natural parents or legal guardian of under the supervision of the department for an indeter-
a child who is found to have committed a delinquent act minate period of time until the child is 19 or until sooner
to participate in family counseling and other professional discharged by order of the court.
counseling activities deemed necessary for the rehabili- (b) Commit the child to the department for treatment
tation of the child. in a youth program for an indeterminate period of time
s.39.111 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.14
until the child is 19 or until sooner discharged by the de- a. Previous contacts with the department, the De-
partment. partment of Corrections, other law enforcement agen-
(5) When the court orders commitment of a child to cies, and courts ,
the department for treatment in a youth program, the b. Prior periods of probation or community control,
court shall order the natural or adoptive parents of such c. Prior adjudications that the child committed a vi-
child, the natural father of such child born out of wedlock olation of law, and
who has acknowledged his paternity in writing before d. Prior commitments to institutions.
the court, or the guardian of such child's estate, if pos- 6. The prospects for adequate protection of the
sessed of assets which under law may be disbursed for public and the likelihood of reasonable rehabilitation of
the care , support , and maintenance of the child, to pay the child if he is assigned to juvenile services and facili-
fees to the department. When the order affects the ties.
guardianship estate, a certified copy of the order shall (d) Any decision to impose adult sanctions shall be
be delivered to the judge having jurisdiction of the in writing , and it shall be in conformity with each of the
guardianship estate. above criteria . The court shall render a specific finding
(6)(a) If a child proves not to be suitable to treatment of fact and the reasons for the decision to impose adult
or the program is not suitable for the child under the pro- sanctions. Such order shall be reviewable on appeal by
visions of paragraph (4)(a) , the court shall have the pow- the child pursuant to s. 39.14.
er to commit the child to the department as described (e) If the court determines not to impose adult sanc-
in paragraph (4)(b) . tions, then the court must next determine what juvenile
(b) If a child proves not to be suitable to treatment sanctions it will impose. If the court determines not to
or the program is not suitable for the child under the pro- adjudicate and commit to the department, the court
visions of paragraph (4)(b), the court shall have the pow- shall then determine what community-based penal
er to revoke the previous adjudication , impose an adjudi- sanctions it will impose in a community control program.
cation of guilt, classifying the child as a youthful offender Community-based penal sanctions may include, but are
when appropriate, and impose any sentence which it not limited to, rehabilitative restitution , curfew, revoca-
may lawfully impose, giving credit for all time in the de- tion or suspension of the child 's driver's license, commu-
partment . nity or public service, the deprivation from the child of
(7) When a child has been transferred for criminal nonessential activities or privileges, or other appropriate
prosecution and the child has been found to have com- restraints on the child 's liberty.
mitted a violation of Florida law, the following procedure (f) After appropriate sanctions for the offense are
determined , the court shall develop, approve, and order
shall govern the disposition of the case:
a plan of community control which will contain rules , re-
(a) At the disposition hearing the court shall receive
quirements, conditions, and programs that are designed
and consider a predisposition report by the department
to encourage noncriminal and functional behavior and
regarding the suitability of the child for disposition as a
that will promote the rehabilitation of the child and the
protection of the community.
(b) After considering the predisposition report, the
(g) The court may receive and consider any other
court , in order to determine suitability, shall give all par- relevant and material evidence , including other written
ties present at the hearing an opportunity to comment or oral reports, in its effort to determine the action to be
on the issue of sentence and any proposed rehabilitative taken with regard to the child, and may rely upon such
plan . These parties shall include, if present: The parents evidence to the extent of its probative value, even
or guardians of the child, the child 's counsel , the state though not competent in an adjudicatory hearing .
attorney or assistant state attorney, representatives of (h) The court shall notify the victim of the offense of
the department, the victim or his representative, if any, the hearing and shall notify, or subpoena if necessary,
representatives of the school system, and the law en- the parents or legal custodians of the child to attend the
forcement officers involved in the case . disposition hearing if they reside in the state .
(c) Suitability or nonsuitability for adult sanctions (i) The predisposition report shall be made available
shall be determined by the court before any other deter- to the child's counsel and the state attorney by the de-
mination of disposition . The suitability determination partment upon completion of the report and prior to the
shall be made by reference to the following criteria : disposition hearing .
1. The seriousness of the offense to the community U) It is the intent of the Legislature that the forego-
and whether the protection of the community requires ing criteria and guidelines shall be deemed mandatory
adult disposition. and that a determination of disposition pursuant to this
2. Whether the offense was committed in an ag- subsection is subject to the right of the child to appellate
gressive, violent, premeditated , or willful manner. review pursuant to s. 39.14.
3. Whether the offense was against persons or Hlatory.-s. 6, ch. 70-353; s. 1, ch . 70-439; s. 12, ch. 72-179; s. 8, ch. 73-241 ;
s. 44, ch. 73-334; s. 16, ch. 78-84; s. 16, ch . 78-414; s. 4, ch. 79-3; s. 81, ch. 86-220.
against property , greater weight being given to offenses Note.-Former s. 959.115.
against persons , especially if personal injury resulted.
4. The sophistication and maturity of the child , as 39.14 Appeal.-
determined by consideration of his home, environmental (1) An appeal from an order of the court affecting a
situation , emotional attitude, and pattern of living. party to the case may be taken to the appropriate dis-
5. The record and previous history of the child, in- trict court of appeal within the time and in the manner
cluding : prescribed by the Florida Appellate Rules by:
5.39.14 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.402
(a) Any child , and any parent or legal custodian of (2) An appeal by the state from a preadjudicatory
any child . hearing order shall stay the case against each respon-
(b) The state, which may appeal from: dent upon whose application the order was made until
1. An order dismissing a petition or any section the appeal is determined . If the court from which the ap-
thereof; peal is taken determines that the evidence , confession,
2. An order granting a new adjudicatory hearing; or admission that is the subject of the order would mate-
3. An order arresting judgment; rially assist the state in proving its case against another
4. A ruling on a question of law when the juvenile respondent and that the prosecuting attorney intends to
is adjudicated delinquent and appeals from the judg- use it for that purpose, the court shall stay the case of
ment; that respondent until the appeal is determined. The trial
5. The disposition, on the ground that it is illegal; court in its discretion may release a respondent whose
6. A judgment discharging a juvenile on habeas case is stayed pending appeal. A respondent who is not
corpus ; released from custody pending appeal may petition the
7. An order adjudicating a juvenile insane under the appellate court for expedited consideration of the ap-
Florida Rules of Juvenile Procedure; peal.
Hi8tOry.-S. 2, ch. 86-251 .
8. All other preadjudicatory hearings, except that
the state may not take more than one appeal under this 39.146 Order or decision when state appeals.-
subsection in any case. (1) When the state appeals from an order dismissing
In the case of an appeal by the state , the notice of ap- a petition, or a count thereof, or an order granting a new
peal shall be filed by the appropriate state attorney or adjudicatory hearing, and the order is affirmed, the ap-
pellate court shall direct the court from which the appeal
his authorized assistant pursuant to the provisions of s.
was taken to implement the order. If an order dismissing
27.18. Such an appeal shall embody all assignments of
a petition, or a count thereof, is reversed, the appellate
error in each preadjudicatory hearing order that the
court shall direct the court from which the appeal is tak-
state seeks to have reviewed . The state shall pay all
en to permit the respondent to be tried on the reinstated
costs of such appeal except for the juvenile 's attorney's
petition or count thereof. If an order granting a new trial
is reversed, the appellate court shall direct that judg-
(2) The Department of Legal Affairs shall represent ment of adjudication be entered against the respondent.
the state upon appeal. The Department of Legal Affairs (2) When the state appeals from a ruling on a ques-
shall be notified of the appeal by the clerk when the no- tion of law adverse to the state, the appellate court shall
tice of appeal is filed in the circuit court. decide the question .
(3) The taking of an appeal shall not operate as a su- History,-s. 3, ch. 86-251 .
persedeas in any case unless pursuant to an order of the
court. PART III
(4) The case on appeal shall be docketed, and any
papers filed in the appellate court shall be entitled, with DEPENDENCY CASES
the initials but not the name of the child and the court
39.402 Placement in a shelter.
case number, and the papers shall remain sealed in the
39.407 Medical, psychiatric, and psychological exami-
office of the clerk of the appellate court when not in use
nation and treatment of child ; physical or
by the appellate court and shall not be open to public
mental examination of parent, guardian, or
inspection. The decision of the appellate court shall be
person requesting custody of child .
likewise entitled and shall refer to the child only by ini-
39.41 Powers of disposition.
tials and court case number.
39.418 Dependency Child Support Trust Fund ,
(5) The original order of the appellate court , with all
papers filed in the case on appeal, shall remain in the of- 39.402 Placement in a shelter.-
fice of the clerk of the said court, sealed and not open (1) Unless ordered by the court pursuant to the pro-
to inspection except by order of the appellate court. The visions of this chapter, a child taken into custody shall
clerk of the appellate court shall return to the circuit not be placed in a shelter prior to a court hearing unless
court all papers transmitted to the appellate court from such placement is required :
the circuit court , together with a certified copy of the or- (a) To protect the child; or
der of the appellate court. (b) Because he has no parent, legal custodian , or re-
History.-s. 1, ch. 26880, 1951; s. 7, chs. 63-449, 63-559; s. 4, ch. 69-353; ss.
11 , 19, 35, ch. 69-106; s. 20, ch. 73-231 ; s. 11 , ch. 77- 147; s. 19, ch . 78-414; s. 1, sponsible adult relative to provide supervision and care
ch. 86-251. for him .
(2) A child taken into custody may be placed in a
39.145 Additional grounds for appeal by the state; shelter only if one or more of the criteria in subsection
time for taking.- (1) applies and a determination has been made that the
(1) The state may appeal from a preadjudicatory provision of appropriate and available services will not
hearing order dismissing a search warrant, suppressing eliminate the need for placement.
evidence obtained by search and seizure, or suppress- (3) If the intake officer determines that placement in
ing a confession or admission made by a juvenile re- a shelter is necessary according to the provisions of
spondent. The appeal must be taken before the adjudi- subsections (1) and (2), the intake officer shall authorize
catory hearing. placement of the child in a shelter and shall immediately
s.39.402 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.402
notify the parents or legal custodians that the child was a shelter and, upon request, shall be afforded a hearing
taken into custody. within 48 hours, excluding Sundays and legal holidays,
(4) If the child is alleged to be both dependent and to review the necessity for continued placement in the
delinquent, the intake officer may authorize either place- shelter for any time periods as provided herein. At any
ment in a shelter pursuant to this section or detention arraignment hearing or determination of detention, the
pursuant to s. 39.032. court shall determine visitation rights absent a clear and
(5) Any child who is a runaway and who is likely to convincing showing that visitation is not in the best inter-
injure himself or others or who is in need of care and est of the child, and the court shall make a determination
treatment and lacks sufficient capacity to determine as to whether the department has made a reasonable
what course of action is in his own best interest may be effort to prevent or eliminate the need for removal or con-
placed in a shelter as defined under s. 39.01 (32) for a pe- tinued removal of the child from his home. If the depart-
riod of time not to exceed 48 hours, excluding Sundays ment has not made such an effort, the court shall order
and legal holidays, without an order by the court direct- the department to provide appropriate and available ser-
ing placement in a shelter in excess of such time. vices to assure the protection of the child in the home,
(6)(a) The circuit court, or the county court, if previ- when such services are necessary for the child's safety.
ously designated by the chief judge of the circuit court Within 7 days of the child's being taken into custody, a
for such purpose, shall hold the detention hearing. When petition alleging dependency shall be filed and, within
the county judge is not an attorney, the chief judge may 14 days of the child's being taken into custody, an ar-
designate a member of the bar to hold the detention raignment hearing shall be held for the child's parent,
hearing. guardian, or custodian to admit, deny, or consent to the
(b) The detention petition filed with the court shall findings of dependency alleged in the petition.
address each condition required to be determined by (11) No child shall be held in a shelter for more than
the court in subsection (9). 30 days following the entry of an order of adjudication
(7) The reasons for placement in a shelter provided unless an order of disposition pursuant to s. 39.41 has
in subsections (1) and (2) shall govern the decision of been entered by the court.
each person responsible for determining whether place- (12) The time limitations in subsections (9) and (10)
ment in a shelter is warranted prior to the disposition by do not include:
the court. (a) Periods of delay resulting from a continuance
(8) No child shall be removed from home or contin- granted at the request or with the consent of the child's
ued out of home pending disposition if, with the provi- counselor the child's guardian ad litem, if one has been
sion of appropriate and available services, including ser- appointed by the court, or, if the child is of sufficient ca-
vices provided in the family home, the child could safely pacity to express reasonable consent, at the request or
remain at home. with the consent of the child's attorney or the child's
(9)(a) No child shall be held in a shelter longer than guardian ad litem, if one has been appointed by the
48 hours, excluding Sundays and legal holidays, unless court, and the child.
an order so directing is made by the court after a deten- (b) Periods of delay resulting from a continuance
tion hearing finding that placement in a shelter is neces- granted at the request of the state attorney, or the attor-
sary based on the criteria in subsections (1) and (2), that ney designated by the state attorney, if the continuance
placement in a shelter is in the best interest of the child, is granted:
that there is probable cause that the child is dependent, 1. Because of an unavailability of evidence material
and that the department has made reasonable efforts to to his case when the state attorney, or the attorney des-
prevent or eliminate the need for removal of the child ignated by the state attorney, has exercised due dili-
from his home. The order for placement in shelter care gence to obtain such evidence and there are substantial
shall also state that the child cannot be protected in the grounds to believe that such evidence will be available
home even if appropriate and available preventive ser- within 30 days; or
vices are provided. When the first contact of the depart- 2. To allow the state attorney, or the attorney desig-
ment with the family occurred during an emergency in nated by the state attorney, additional time to prepare
which the child could not safely remain at home, either his case and additional time is justified because of the
because there were no preventive services which could exceptional circumstances of the case.
ensure the safety of the child or because, even with ap- (13) The court shall review the necessity for a child 's
propriate and available services being provided, the continued placement in a shelter in the same manner as
safety of the child could not be ensured, the department the initial placement decision was made and shall make
shall be deemed to have made reasonable efforts to pre- a determination regarding the continued placement:
vent or eliminate the need for removal. (a) Within 48 hours, excluding Sundays and legal
(b) In the interval until the detention hearing is held holidays, of any violation of the time requirements for the
pursuant to paragraph (a). the decision as to placement filing of a petition or the holding of an arraignment hear-
in a shelter or release of the child from a shelter shall lie ing as prescribed in subsection (10); or
with the intake officer in accordance with subsection (3). (b) Prior to the court's granting any delay as speci-
(10) No child shall be held in a shelter under an order fied in subsection (12).
so directing for more than 21 days unless an order of ad- (14) When any child is placed in a shelter pursuant to
judication for the case has been entered by the court. a court order following a detention hearing, the court
The parent, guardian, or custodian of the child shall be shall order the natural or adoptive parents of such child,
notified of any order directing placement of the child in the natural father of such child born out of wedlock who
s.39.402 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.407
has acknowledged his paternity in writing before the to be evaluated by a psychiatrist or a psychologist, by
court, or the guardian of such child's estate, if pos- a district school board educational needs assessment
sessed of assets which under law may be disbursed for team, or, if a developmental disability is suspected or al-
the care, support, and maintenance of the child, to pay, leged, by the developmental disability diagnostic and
to the department or institution having custody of the evaluation team of the department. If it is necessary to
child, fees as established by the department. When the place a child in a residential facility for such evaluation,
order affects the guardianship estate, a certified copy then the criteria and procedure established in s.
of the order shall be delivered to the judge having juris- 394.463(2) or chapter 393 shall be used, whichever is ap-
diction of the guardianship estate. plicable. The educational needs assessment provided
History.-s. 20, ch. 78-414; s. 13, ch. 80-290; s. 6, ch. 84-311; s. 5, ch. 85-80; by the district school board educational needs assess-
s. 82, ch. 86-220.
ment team shall include, but not be limited to, reports
39.407 Medical, psychiatric, and psychological ex- of intelligence and achievement tests, screening for
amination and treatment of child; physical or mental learning disabilities and other handicaps, and screening
examination of parent, guardian, or person requesting for the need for alternative education as defined in s.
custody of child.- 230.2315(2).
(1) When any child is taken into custody and is to be (4) A judge may order a child in the physical custody
detained in shelter care, the department is authorized of the department to be treated by a licensed health
to have a medical screening performed on the child with- care professional. The judge may also order such child
out authorization from the court and without consent to receive mental health or retardation services from a
from a parent or guardian, Such medical screening shall psychiatrist, psychologist, or other appropriate service
be performed by a licensed health care professional and provider, If it is necessary to place the child in a residen-
shall be to examine the child for injury, illness, and com- tial facility for such services, then the procedures and
municable diseases. The department shall by rule estab- criteria established in s. 394.467 or chapter 393 shall be
lish the invasiveness of the medical procedures author- used, whichever is applicable, A child may be provided
ized to be performed under this subsection , In no case mental health or retardation services in emergency situ-
does this subsection authorize the department to con- ations, pursuant to the procedures and criteria con-
sent to medical treatment for such children. tained in s. 394.463(1) or chapter 393, whichever is appli-
(2) When the department has performed the medi- cable.
cal screening authorized by subsection (1), or when it is (5) When a child is in the physical custody of the de-
o~herwise determined by a licensed health care profes- partment, a licensed health care professional shall be
sional that a child who is in the custody of the depart- immediately called if there are indications of physical in-
ment, but who has not been committed to the depart- jury or illness, or the child shall be taken to the nearest
ment pursuant to s. 39.41, is in need of medical treat- available hospital for emergency care.
ment, consent for medical treatment shall be obtained (6) Except as otherwise provided herein, nothing in
in the following manner: this section shall be deemed to eliminate the right of a
(a)1. Consent to medical treatment shall be ob- parent, guardian, or the child to consent to examination
tained from a parent or guardian of the child; or or treatment for the child .
2, A court order for such treatment shall be ob- (7) Except as otherwise provided herein, nothing in
tained. this section shall be deemed to alter the provisions of s.
(b) If a parent or guardian of the child is unavailable 743.064.
and his whereabouts cannot be reasonably ascertained, (8) A court shall not be precluded from ordering ser-
and it is after normal working hours so that a court order vices or treatment to be provided to the child by a duly
cannot reasonably be obtained, an authorized agent of accredited practitioner who relies solely on spiritual
the department shall have the authority to consent to means for healing in accordance with the tenets and
necessary medical treatment for the child. The authority practices of a church or religious organization, when re-
of the department to consent to medical treatment in quired by the child's health and when requested by the
this circumstance shall be limited to the time reasonably child ,
necessary to obtain court authorization. (9) Nothing in this section shall be construed to au-
(c) If a parent or guardian of the child is available but thorize the permanent sterilization of the child unless
refuses to consent to the necessary treatment, a court such sterilization is the result of or incidental to medical-
order shall be required unless the situation meets the ly necessary treatment to protect or preserve the life of
definition of an emergency in s. 743.064 or the treatment the child.
needed is related to suspected abuse or neglect of the (10) For the purpose of obtaining an evaluation or ex-
child by a parent or guardian. In such case, the depart- amination, or receiving treatment as authorized pursu-
ment shall have the authority to consent to necessary ant to this subsection, no child alleged to be or found
medical treatment. This authority is limited to the time to be dependent shall be placed in a detention home or
reasonably necessary to obtain court authorization . other program used primarily for the care and custody
of children alleged or found to have committed delin-
In no case shall the department consent to sterilization, quent acts.
abortion, or termination of life support. (11) The parents or guardian of a child in the physical
(3) A judge may order a child in the physical custody custody of the department remain financially responsi-
of the department to be examined by a licensed health ble for the cost of medical treatment provided to the
care professional. The judge may also order such child child even if either one or both of the parents or if the
s.39.407 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.41
guardian did not consent to the medical treatment. After which alleges a need for a change in the conditions of
a hearing, the court may order the parents or guardian, protective supervision or the placement. If the parents
if found able to do so, to reimburse the department or or other custodians deny the need for a change , the
other provider of medical services for treatment provid- court shall hear all parties in person or by counsel, or
ed. both. Upon the admission of a need for a change or after
(12) Nothing in this section alters the authority of the such hearing, the court shall enter an order changing the
department to consent to medical treatment for a de- placement, modifying the conditions of protective su-
pendent child when the child has been committed to the pervision , or continuing the conditions of protective su-
department pursuant to s. 39.41, and the department pervision as ordered.
has become the legal custodian of the child. (f) Permanently commit the child to the department
(13) At any time after the filing of a petition for depen- or a licensed child-placing agency willing to receive the
dency, when the mental or physical condition, including child for subsequent adoption if the court finds that it is
the blood group, of a parent, guardian, or other person manifestly in the best interests of the child to do so, and:
requesting custody of a child is in controversy, the court 1. If the persons served with notice under subsec-
may order the person to submit to a physical or mental tion (5) fail to respond to the notice as provided in para-
examination by a qualified professional. The order may graph (5)(d) ; or
be made only upon good cause shown and pursuant to 2. If the parent or parents have voluntarily executed
notice and procedures as set forth by the Florida Rules a written surrender of the child before two witnesses
of Juvenile Procedure. and a notary public or other officer authorized to take ac-
Hiatory.-s. 20, ch. 78-414; s. 14, ch . 80-290; s. 2, ch. 84-226; s. 8, ch . 84-311 ;
s. 74, ch . 86-220. knowledgments; or
3. If the court finds by clear and convincing evi-
39.41 Powers of disposition.- dence, at a hearing applying the rules of evidence in use
(1) When any child is adjudicated by a court to be in civil cases, that:
dependent, the court having jurisdiction of the child a. The parent or legal custodian or, in the absence
shall have the power, by order, to: of the parent or legal custodian of the child , the person
(a) Place the child under the protective supervision responsible for the child 's welfare has abandoned the
of an authorized agent of the department, either in the child for a period of 6 months or longer prior to the filing
child's own home or, the prospective custodian being of the petition for permanent commitment or has abused
willing , in the home of a relative of the child or in some or neglected the child ; or
other suitable place under such reasonable conditions b. The parent or parents of the child have failed,
as the court may direct. Protective supervision shall con- upon the expiration of a performance agreement en-
tinue until the court terminates it or until the child reach- tered into or of a plan for permanent placement submit-
es the age of 18, whichever date is first. ted to and approved by the court under s. 409.168, to
(b) Place the child in the temporary legal custody of comply substantially with such agreement or plan. If the
an adult relative willing to care for the child. court finds that the failure to comply with the perform-
(c) Commit the child to a licensed child-caring ance agreement or plan is the result of conditions be-
agency willing to receive the child . Continued commit- yond the control of the parent or parents , such failure
ment to the licensed child-caring agency, as well as all shall not be used as a ground for permanent commit-
other proceedings under this section pertaining to the ment.
child, shall additionally be governed by s. 409.168.
(d) Commit the child to the temporary legal custody The department shall prescribe a written surrender form
of the department. Such commitment shall invest in the which shall be written in layman's terms in the principal
department all rights and responsibilities of a legal cus- language of the surrendering party and which shall
todian. The department shall not return any child to the clearly and unambiguously advise the surrendering par-
physical care and custody of the person from whom the ty of the consequences of the surrender.
child was removed, except for short visitation periods, (2)(a) When any child is adjudicated by the court to
without the approval of the court. The term of such com- be dependent and temporary legal custody of the child
mitment shall continue until terminated by the court or has been placed with an adult relative willing to care for
until the child reaches the age of 18. After the child is the child, a licensed child-caring agency , or the depart-
committed to the temporary custody of the department, ment, the court shall, unless a parent has voluntarily exe-
all further proceedings under this section shall addition- cuted a written surrender for purposes of adoption, or-
ally be governed by s. 409.168. der the natural or adoptive parents of such child or the
(e) Change the temporary legal custody or the con- natural father of such child born out of wedlock who has
ditions of protective supervision at a postdisposition acknowledged his paternity in writing before the court,
hearing subsequent to the initial detention hearing, with- or the guardian of such child 's estate if possessed of as-
out the necessity of another adjudicatory hearing. A sets which under law may be disbursed for the care,
child who has been placed in his own home under the support, and maintenance of such child, to pay child
protective supervision of an authorized agent of the de- support to the adult relative caring for the child, the li-
partment, in the home of a relative, or in some other censed child-caring agency, or the department. When
place may be brought before the court by the agent of such order affects the guardianship estate, a certified
the department who is supervising the placement or by copy of such order shall be delivered to the judge having
any other interested person, upon the filing of a petition jurisdiction of such guardianship estate.
s.39.41 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.39.41
(b) Placement of the child pursuant to subsection (1) their addresses by registered mail, specifically notifying
shall not be contingent upon issuance of a support or- them that a petition has been filed:
der. 1. The mother of the child.
(3)(a) If the court commits the child to the temporary 2. The father of the child, if:
legal custody of the department, the disposition order a. The child was conceived or born while the father
shall include a determination as to whether the depart- was married to the mother;
ment has made a reasonable effort to prevent or elimi- b. The child is his by adoption;
nate the need for removal of the child from his home. If c. The child has been established by a court pro-
the child has been removed prior to the disposition hear- ceeding to be his child;
ing, the order shall also include a determination as to d. He has acknowledged in writing, signed in the
whether, after removal, the department has made a rea- presence of a competent witness, that he is the father
sonable effort to reunify the family. The department shall of the child and has filed such acknowledgment with the
have the burden of demonstrating that it has made rea- Office of Vital Statistics of the Department of Health and
sonable efforts pursuant to this subsection. Rehabilitative Services; or
(b) For the purposes of this subsection, the term e. He has provided the child with support in a repet-
"reasonable effort" means the exercise of reasonable dili- itive, customary manner.
gence and care by the department and assumes the 3. The legal custodians or guardian of the child .
availability of appropriate services to meet the needs of 4. If the natural parents who would be entitled to
the child and family. notice are dead or unknown, a living relative of such
(c) In support of its determination as to whether rea- child, unless upon diligent search and inquiry no such
sonable efforts have been made, the court shall: relative can be found.
1. Enter findings as to whether or not prevention or (b) In the event a person equired to be served with
reunification efforts were indicated; notice in the manner prescribed in paragraph (a) cannot
2. If prevention or reunification efforts were indicat- be served, notice of hearings shall be given as pre-
ed, include a brief description of what appropriate and scribed by the rules of civil procedure, and service of
available prevention and reunification efforts were process shall be made as specified by law for civil ac-
made; and tions.
3. Indicate why further efforts could or could not (c) Notice as prescribed by this section may be
waived in the discretion of the judge, with regard to any
have prevented or shortened the separation of the fami-
ly. person to whom notice must be given pursuant to this
subsection, if such person executes, before two wit-
(d) When the first contact of the department with the
nesses and a notary public or other officer authorized to
family occurred during an emergency in which the child
take acknowledgments, a written surrender of the child
could not safely remain at home either because there
to a licensed child-placing agency or the department.
were no preventive services which could ensure the
(d) If the person served with notice under this sec-
safety of the child or because, even with appropriate tion fails to respond within the time prescribed by the
and available services being provided, the safety of the rules of civil procedure, the failure to respond shall con-
child could not be ensured, the department shall be stitute consent to permanent commitment on the part of
deemed to have made a reasonable effort to prevent or the person given notice.
eliminate the need for removal. (6) A licensed child-placing agency or the depart-
(e) When the severity of the conditions of dependen- ment to which a child is permanently committed for sub-
cy is such that reunification efforts are inappropriate, the sequent adoption in accordance with this chapter may
department shall be deemed to have made a reasonable place the child in a family home for prospective subse-
effort for reunification of the family. The department shall quent adoption and may thereafter become a party to
have the burden of demonstrating to the court that re- any proceeding for the legal adoption of the child and
unification efforts were inappropriate. appear in any court where the adoption proceeding is
(f) If the court finds that the prevention or reunifica- pending and consent to the adoption; and that consent
tion effort of the department would not have permitted alone shall in all cases be sufficient. A permanent order
the child to remain safely at home, the court may commit of commitment, whether pursuant to consent or after no-
the child to the temporary legal custody of the depart- tice served as herein prescribed, shall permanently de-
ment or take any other action authorized by this part. prive the parents and legal guardian of any right to the
(4) An agency granted legal custody shall have the child . In any subsequent adoption proceeding, the par-
right to determine where and with whom the child shall ents and legal guardian shall not be entitled to any no-
live, but an individual granted legal custody shall exer- tice thereof, nor shall they be entitled to knowledge at
cise all rights and duties personally unless otherwise or- any time after the permanent order of commitment is en-
dered by the court. tered of the whereabouts of the child or of the identity
(5) Before the court may permanently commit a child or location of any person having the custody of or having
who is dependent to a licensed child-placing agency or adopted the child; and in any habeas corpus or other
the department for subsequent adoption, in addition to proceeding involving the child brought by any parent or
the other reqUirements set forth in this part, the follow- legal guardian of the child, no agent of the licensed
ing requirements shall be met: child-placing agency or department shall be compelled
(a) Notice and a copy of the petition shall be person- to divulge that information, but may be compelled to pro-
ally served upon the following persons, or forwarded to duce the child before a court of competent jurisdiction
s.39.41 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.48.061
if the child is still subject to the guardianship of the li- 44.101 Family mediation or conciliation services.-
censed child-placing agency or department. The entry (1) A county may establish a family mediation or
of the permanent order of commitment shall not entitle conciliation service to assist parties in resolving any con-
the licensed child-placing agency or department to troversy involving the family.
guardianship of the estate or property of the child, but (2) The court on its own motion or on motion of a par-
the licensed child-placing agency or department shall ty may refer the parties to this service.
be the guardian of the person of the child . The court (3) Notwithstanding the provisions of s. 119.14, all
shall retain jurisdiction over any child permanently com- oral or written communications in mediation or concilia-
mitted to a licensed child-placing agency or to the de- tion proceedings are exempt from the requirements of
partment until the child is placed for adoption. After per- chapter 119 and shall be confidential and inadmissible
manent commitment of a child for subsequent adoption, as evidence in any subsequent legal proceeding, unless
the court has jurisdiction for the purpose of reviewing both parties agree otherwise. This exemption is subject
to the Open Government Sunset Review Act in accord-
the status of the child and the progress being made to-
ance with s. 119.14.
ward permanent adoptive placement, pursuant to the
(4) A family mediation or conciliation service is here-
provisions of s. 409.168, but this jurisdiction does not in- by declared to serve a valid public purpose. The board
clude the exercise of any power or influence by the court of county commissioners may support such a service by
over the selection of an adoptive parent. appropriating moneys from county revenues or by levy-
(7) In carrying out the provisions of this chapter, the ing a service charge of no more than $2 on any circuit
court may order the natural parents or legal guardian of court proceeding.
a child who is found to be dependent to participate in (5) The provisions of this section shall be liberally
family counseling and other professional counseling ac- construed in order to carry out effectively the purposes
tivities deemed necessary for the rehabilitation of the of this section.
child. Hislory.-ss. 2. 4, ch. 82-96; s. 1, ch. 86-20.
Nole.-Former s. 749.01 .
(8) With respect to a child who is the subject of a cf.-s. 61 .052 Dissolu tion of marriage.
performance agreement under s. 409.168, the court s. 61 .09 Alimony and child support unconnected with dissolution.
s. 61.10 Adjudication of obligation to support spouse or minor child unconnect-
shall return the child to the custody of the natural par- ed with dissolution; child custody, child 's primary residence , and visitation.
ents upon expiration of the agreement if the parents s. 61 .14 Modification of support, maintenance, or alimony judgment or agree-
have substantially complied with the agreement.
(9) The court may at any time enter an order ending
its jurisdiction over any child, except that, when a child
has been returned to his parents pursuant to subsection CHAPTER 48
(8), the court shall not terminate its jurisdiction over the
child until 6 months after the return. Based on a report PROCESS AND SERVICE OF PROCESS
of the department or agency and any other relevant fac-
tors, the court shall then determine whether its jurisdic- 48.061 Service on partnerships and limited partner-
tion should be continued or terminated in such a case;
48.196 Service of process in connection with actions
if its jurisdiction is to be terminated, the court shall enter
under the Florida International Arbitration
an order to that effect.
Hislory.-s. 20, ch. 78-414; s. 14. ch. 79-164; s. 2, ch. 80-102; s. 15, ch. 80- 290; Act.
s. 11, ch. 83-217; s. 10, ch. 84-311 ; s. 6, ch. 85- 80; s. 83, ch. 86-220.
148.061 Service on partnerships and limited part-
39.418 Dependency Child Support Trust Fund.-Ef- nerships.-
fective July 1, 1986, there is created a Dependency (1) Process against a partnership shall be served on
Child Support Trust Fund in the State Treasury to be any member thereof and is as valid as if served on each
used by the Department of Health and Rehabilitative individual member. After service on any member, plain-
Services for the purpose of funding care for children who tiff may proceed to judgment and execution against all
are committed to the temporary legal custody of the De- members of the partnership.
partment of Health and Rehabilitative Services pursuant (2) Process against a domestic limited partnership
to s. 39.41 (1 ltd). There shall be deposited into the fund may be served on any general partner or on the agent
all child support payments made to the Department of for service of process specified in its certificate of limited
Health and Rehabilitative Services pursuant to s. partnership or in its certificate as amended or restated
and is as valid as if served on each individual member
Hislory.-s. 87. ch . 86-220. of the partnership. After service on a general partner or
the agent, the plaintiff may proceed to judgment and ex-
ecution against the limited partnership and all of the
general partners individually. If a general partner cannot
CHAPTER 44 be found in this state and service cannot be made on
an agent because of failure to maintain such an agent
MEDIATION ALTERNATIVES or because the agent cannot be found or served with the
TO JUDICIAL ACTION exercise of reasonable diligence, service of process may
be effected by service upon the Secretary of State as
44.101 Family mediation or conciliation services. agent of the limited partnership as provided for in s.
s.48.061 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.57.105
48.181. Service of process may be made under ss. (c) If service is outside this state:
48.071 and 48.21 on limited partnerships. 1. By personal service by any person authorized to
(3) Process against a foreign limited partnership serve process in the jurisdiction where service is being
may be served on any general partner found in the state made or by any person appointed to do so by any com-
or on any agent for service of process specified in its ap- petent court in that jurisdiction;
plication for registration and is as valid as if served on 2. In any other manner prescribed by the laws of the
each individual member of the partnership. If a general jurisdiction where service is being made for service in an
partner cannot be found in this state and an agent for action before a local court of competent jurisdiction;
service of process has not been appointed or, if appoint- 3. In the manner provided in any applicable treaty
ed , the agent's authority has been revoked or the agent to which the United States is a party;
cannot be found or served with the exercise of reason- 4. In the manner prescribed by order of the court ;
able diligence, service of process may be effected by 5. By any form of mail requiring a signed receipt, to
service upon the Secretary of State as agent of the limit- be addressed and dispatched by the clerk of the court
ed partnership as provided for in s. 48.181, or process to the person being served; or
may be served as provided in ss . 48.071 and 48.21. 6. If applicable, in the manner provided in chapter
Hiatory.-s. 13. Nov. 23, 1828; RS 1017; GS 1404; RGS 2601 ; CGL 4248; s. 4, ch.
67-254; s. 74. ch . 86-263.
'Note.-As amended by s. 74. ch. 86-263. effective January 1. 1987. (3) No order of the court is required for service of
Note.-Former s. 47 .15. process outside this state. The person serving process
shall make proof of service to the court by affidavit or as
48.196 Service of process in connection with ac- prescribed by the law of the jurisdiction where process
tions under the Florida International Arbitration Act.- is being served or as prescribed in an order of the court.
(1) Any process in connection with the commence- Such proof shall be made prior to expiration of the time
ment of an action before the courts of this state under
within which the person served must respond . If service
chapter 684, the Florida International Arbitration Act,
is by mail, the proof of service shall state the date and
shall be served :
place of mailing and shall include a receipt signed by the
(a) In the case of a natural person, by service upon :
addressee or other evidence of delivery satisfactory to
1. That person ;
2. Any agent for service of process appointed in, or History.-s. 2, ch. 86-266.
pursuant to, any applicable agreement or by operation 'Note.- The words "such natural" were substituted for "that" by the editors.
2Note.-The words "such other than natural" were substituted for ·that" by the edi·
of any law of this state; or tors .
3. Any person authorized by the law of the jurisdic-
tion where process is being served to accept service for
'such natural person .
(b) In the case of any person other than a natural CHAPTER 57
person, by service upon:
1. Any agent for service of process appointed in, or COURT COSTS
pursuant to, any applicable agreement or by operation
of any law of this state; 57.105 Attorney's fee .
2. Any person authorized by the law of the jurisdic-
tion where process is being served to accept service for 57.105 Attorney's fee.- The court shall award a rea-
2such other than natural person ; or sonable attorney's fee to be paid to the prevailing party
3. Any person, whether natural or otherwise and in equal amounts by the losing party and the losing par-
wherever located, who by operation of law or internal ac- ty's attorney in any civil action in which the court finds
tion is an officer, business agent, director, general part- that there was a complete absence of a justiciable issue
ner, or managing agent or director of the person being of either law or fact raised by the complaint or defense
served; or of the losing party; provided, however, that the losing
4. Any partner, joint venturer, member or controlling party's attorney is not personally responsible if he has
shareholder , wherever located , of the person being acted in good faith, based on the representations of his
served, if the person being served does not by law or in- client.
Hiatory.-s. 1. ch. 78-275; s. 61 , ch. 86-160.
ternal action have any officer, business agent, director,
general partner, or managing agent or director.
(2) The process served under subsection (1) shall in-
clude a copy of the application to the court together with CHAPTER 61
all attachments thereto and shall be served in the follow-
ing manner: DISSOLUTION OF MARRIAGE;
(a) In any manner agreed upon , whether service oc- SUPPORT; CUSTODY
curs within or without this state;
(b) If service is within this state: 61.001 Purpose of chapter.
1. In the manner provided in ss . 48.021 and 48.031 , 61.021 Residence requirements .
or 61.046 Definitions.
2. If applicable under their terms, in the manner pro- 61 .052 Dissolution of marriage.
vided in ss . 48.161, 48.183, 48.23, or chapter 49; or 61.08 Alimony.
s.61.001 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.61.052
61.081 Income deduction order; issuance in conjunc- penSions, dividends, interest, royalties, trusts, and any
tion with alimony order or modification of ali- other payments, made by any person, private entity, fed-
monyorder. eral or state government, or any unit of local govern-
61.09 Alimony and child support unconnected with ment. Veterans Administration disability benefits and
dissolution. unemployment compensation, as defined in chapter
61.10 Adjudication of obligation to support spouse 443, are excluded from this definition of income.
or minor child unconnected with dissolu- (5) "IV-D" means services provided pursuantto Title
tion; child custody, child's primary resi - IV-D of the Social Security Act, 42 U.S.C., s. 1302.
dence, and visitation. (6) "Local officer" means an elected or appointed
61.13 Custody and support of children; visitation constitutional or charter government official including,
rights; power of court in making orders. but not limited to, the state attorney and clerk of the cir-
61 .1301 Income deduction orders. cuit court.
61 .1352 Liens on real and personal property. (7) "Noncustodial parent" means the parent with
61.1354 Sharing of information between consumer re- whom the child does not maintain his primary residence.
porting agencies and the IV-D agency. (8) "Obligee" means the person to whom support
61.14 Modification of support, maintenance, or ali- payments are made pursuant to an alimony or child sup-
mony agreements or orders . port order.
61.17 Alimony and child support; additional method (9) "Obligor" means a person responsible for making
for enforcing orders and judgments; costs, support payments pursuant to an alimony or child sup-
expenses. port order.
61.181 Central depository for receiving, recording, re- (10) "Payor" means an employer or former employer
porting, monitoring, and disbursing alimo- or any other person or agency providing or administer-
ny, support, maintenance, and child sup-
ing income to the obligor.
port payments; fees. (11) "Shared parental responsibility" means a court-
61.183 Mediation of certain contested issues.
ordered relationship in which both parents retain full pa-
61 .20 Social investigation and recommendations
rental rights and responsibilities with respect to their
when child custody is in issue.
child and in which both parents confer with each other
61.001 Purpose of chapter.- so that major decisions affecting the welfare of the child
(1) This chapter shall be liberally construed and ap- will be determined jointly.
plied. (12) "Sole parental responsibility" means a court-
(2) Its purposes are : ordered relationship in which one parent makes deci-
(a) To preserve the integrity of marriage and to safe- sions regarding the minor child.
History.-s. 113, ch. 86- 220. .
guard meaningful family relationships; 'Note.-As created by s. 113, ch. 86-220; s. 89, ch. 86-220. which expressly refers
(b) To promote the amicable settlement of disputes to the technical Organ Transplant Advisory Council purports, in apparent error, to
repeal s. 113 effective October 1, 1996. See s. 88, ch. 86-220.
that arise between parties to a marriage; and
(c) To mitigate the potential harm to the spouses 61.052 Dissolution of marriage.-
and their children caused by the process of legal disso- (1) No judgment of dissolution of marriage shall be
lution of marriage. granted unless one of the following facts appears, which
History.-s. 1, ch. 71-241 ; s. 111, ch. 86-220.
ct.-s. 44.101 Family mediation or conciliation services . shall be pleaded generally:
(a) The marriage is irretrievably broken .
61.021 Residence requirements.- To obtain a dis- (b) Mental incompetence of one of the parties. How-
solution of marriage, one of the parties to the marriage ever, no dissolution shall be allowed unless the party al-
must reside 6 months in the state before the filing of the leged to be incompetent shall have been adjudged in-
petition. competent according to the provisions of s. 744.331 for
History.-s . 1, ch. 522, 1853; RS 1478; s. 1, ch. 4726,1899; GS 1926; RGS 3189;
CGL 4981 ; s. 1, ch. 16009, 1933; s. 1, ch. 16975, 1935; s. 1, ch. 57- 44; s. 1, ch. a preceding period of at least 3 years. Notice of the pro-
57-1974; s. 16, ch. 67-254; s. 3, ch. 71-241 ; s. 112, ch. 86-220. ceeding for dissolution shall be served upon one of the
Note.-Former s. 65.02.
nearest blood relatives or guardian of the incompetent
161.046 Definitions.-As used in this chapter: person, and the relative or guardian shall be entitled to
(1) "Custodial parent" means the parent with whom appear and to be heard upon the issues. If the incompe-
the child maintains his primary residence. tent party has a general guardian or a guardian of his
(2) "Department" means the Department of Health person other than the party bringing the proceeding, the
and Rehabilitative Services. petition and summons shall be served upon the incom-
(3) "Depository" means the central governmental de- petent party and the guardian and the guardian shall de-
pository established pursuant to s. 61.181 to receive, fend and protect the interests of the incompetent party.
record, report, disburse, monitor, and otherwise handle If the incompetent party has no general guardian or
alimony and child support payments. guardian of his person, the court shall appoint a guard-
(4) "Income" means any form of payment to an indi- ian ad litem to defend and protect the interests of the
vidual, regardless of source, including, but not limited to: incompetent party. However, in all dissolutions of mar-
wages, salary, commissions and bonuses, compensa- riage granted on the basis of incompetency, the court
tion as an independent contractor, worker's compensa- may require the petitioner to pay alimony pursuant to the
tion, disability benefits, annuity and retirement benefits, provisions of s. 61.08.
s.61.052 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.61.08
(2) Based on the evidence at the hearing, which evi- (2) In determining a proper award of alimony or
dence need not be corroborated except to establish that maintenance, the court shall consider all relevant eco-
the residence requirements of s. 61.021 are met, the nomic factors, including but not limited to:
court shall dispose of the petition for dissolution of mar- (a) The standard of living established during the
riage when the petition is based on the allegation that marriage.
the marriage is irretrievably broken as follows : (b) The duration of the marriage.
(a) If there is no minor child of the marriage and if the (c) The age and the physical and emotional condi-
responding party does not, by answer to the petition for tion of each party.
dissolution, deny that the marriage is irretrievably bro- (d) The financial resources of each party.
ken, the court shall enter a judgment of dissolution of the (e) When applicable , the time necessary for either
marriage if the court finds that the marriage is irretriev- party to acquire sufficient education or training to enable
ably broken. such party to find appropriate employment.
(b) When there is a minor child of the marriage, or (f) The contribution of each party to the marriage,
when the responding party denies by answer to the peti- including, but not limited to, services rendered in home-
tion for dissolution that the marriage is irretrievably bro- making, child care, education and career building of the
ken, the court may: other party.
1. Order either or both parties to consult with a mar- The court may consider any other factor necessary to do
riage counselor, psychologist, psychiatrist, minister, equity and justice between the parties.
priest, rabbi, or any other person deemed qualified by (3) To the extent necessary to protect an award of
the court and acceptable to the party or parties ordered alimony, the court may order any party who is ordered
to seek consultation; or to pay alimony to purchase or maintain a life insurance
2. Continue the proceedings for a reasonable policy or a bond, or to otherwise secure such alimony
length of time not to exceed 3 months, to enable the par- award with any other assets which may be suitable for
ties themselves to effect a reconciliation; or that purpose.
3. Take such other action as may be in the best in- (4)(a) With respect to any order requiring the pay-
terest of the parties and the minor child of the marriage. ment of alimony entered on or after January 1, 1985, un-
less the provisions of paragraph (c) or paragraph (d) ap-
If, at any time, the court finds that the marriage is irre-
ply, the court shall direct in the order that the payments
trievably broken, the court shall enter a judgment of dis-
of alimony be made through the appropriate depository
solution of the marriage. If the court finds that the mar-
as provided in s. 61.181.
riage is not irretrievably broken, it shall deny the petition
(b) With respect to any order requiring the payment
for dissolution of marriage.
of alimony entered before January 1, 1985, upon the
(3) During any period of continuance, the court may
subsequent appearance, on or after that date, of one or
make appropriate orders for the support and alimony of both parties before the court having jurisdiction for the
the parties; the primary residence, custody, support, purpose of modifying or enforcing the order or in any
maintenance, and education of the minor child of the other proceeding related to the order, or upon the appli-
marriage; attorney's fees; and the preservation of the cation of either party , unless the provisions of paragraph
property of the parties. (c) or paragraph (d) apply, the court shall modify the
(4) A judgment of dissolution of marriage shall result terms of the order as necessary to direct that payments
in each spouse having the status of being single and un- of alimony be made through the appropriate depository
married. No judgment of dissolution of marriage renders as provided in s. 61 .181 .
the child of the marriage illegitimate. (c) If there is no minor child, alimony payments need
1(5) The court may enforce an antenuptial agreement not be directed through the depository.
to arbitrate a dispute in accordance with the law and tra- (d)1 . If there is a minor child of the parties and both
dition chosen by the parties. parties so request, the court may order that alimony pay-
Hi8tOry.-S. 7, ch . 71 -241 ; s. 26, ch. 73-333; s. 38, ch . 81-259; s. 1, ch. 86-150;
s. 114, ch. 86-220. ments need not be directed through the depository. In
'Note.-As created by s. 1, ch. 86-150; s. 3, ch. 86-150, provides that "This act this case, the order of support shall provide, or be
shall take effect January 1, 1987, and shall apply to actions for dissolution of mar-
riage that arise after that date." Section 2, ch. 86-150, provides that the act shall not deemed to provide, that either party may subsequently
apply to proceedings pending on January 1, 1987. apply to the depository to require that payments be
cf. - s. 61.071 Alimony pendente lite; suit money.
s. 61 .13 Custody and support of children. made through the depository. The court shall provide a
s. 44 .101 Family mediation or conciliation services. copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either
61.08 Alimony.- party may subsequently file with the depository an affi-
(1) In a proceeding for dissolution of marriage, the davit alleging default or arrearages in payment and stat-
court may grant alimony to either party, which alimony ing that the party wishes to initiate participation in the
may be rehabilitative or permanent in nature. In any depository program. The party shall provide copies of
award of alimony, the court may order periodic pay- the affidavit to the court and the other party or parties.
ments or payments in lump sum or both . The court may Fifteen days after receipt of the affidavit, the depository
consider the adultery of a spouse and the circum- shall notify all parties that future payments shall be di-
stances thereof in determining whether alimony will be rected to the depository.
awarded to such spouse and the amount of alimony, if 3. In IV-D cases, the IV-D agency shall have the
any, to be awarded . same rights as the obligee in requesting that payments
s.61.08 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 61.13
be made through the depository. of the parties. The court initially entering a child support
History.-ss. 7, 12, Oct. 31 , 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. order shall also have continuing jurisdiction to require
1, ch. 23894 , 1947; s. 1, ch. 63- 145; s. 16, ch. 67- 254; s. 10, ch. 71 - 241 ; s. 1, ch.
78- 339; s. 1, ch. 84- 110; s. 115, ch. 86- 220. the obligee to report to the court on terms prescribed by
Note.-Former s. 65.08. the court regarding the disposition of the child support
cf.-s. 61.11 Effect of judgment of alimony.
s. 44.101 Family mediation or conciliation services. payments.
(b) Each order for child support shall contain a provi-
61.081 Income deduction order; issuance in con- sion for health insurance for the minor child when the in-
junction with alimony order or modification of alimony surance is reasonably available. Insurance is reasonably
order.-[Repealed effective October 1, 1986, by s. 157, available if the obligor has access at a reasonable rate
ch. 86-220. Section 159, ch. 86-220, provides that such to group insurance.
repeal shall not affect "the legality of any income deduc- (c) Effective January 1, 1988, upon entry of an order
tion order or alimony or child support order entered by awarding or modifying child support, the clerk of the
a court of competent jurisdiction" prior to October 1, court shall transmit to the Department of State, informa-
1986.] tion necessary for the department to maintain a record
of the order being entered, including name, address,
61.09 Alimony and child support unconnected with date of birth and social security number of the obligor,
dissolution.-If a person having the ability to contribute name of the obligee, case number, and date of the or-
to the maintenance of his spouse and support of his min- der. Effective January 1, 1988, the clerk of the court shall
or child fails to do so, the spouse who is not receiving transmit such information to the Department of State on
support or who has custody of the child or with whom behalf of an obligee who presents the clerk with a certi-
the child has his primary residence may apply to the fied copy of an existing order for support upon payment
court for alimony and for support for the child without of a fee of $1 O. The moneys collected shall be forwarded
seeking dissolution of marriage, and the court shall enter by the clerk to the Department of State within 2 working
an order as it deems just and proper. days for deposit in the Corporations Trust Fund.
History.-ss. 1, 2, ch. 3581, 1885; RS 1485; GS 1933; RGS 3196; CGL 4988; s.
2, ch. 29737, 1955; s. 1, ch. 65-498; s. 16, ch. 67-254; s. 11 , ch. 71-241; s. 116, ch. (d) To the extent necessary to protect an award of
Note.- Former s. 65.09. child support, the court may order the obligor to pur-
ct.-s. 61 .043 Commencement of proceeding. chase or maintain a life insurance policy or a bond, or to
s. 61 .11 Effect of judgment of alimony.
s. 44.101 Family mediation or conciliation services. otherwise secure the child support award with any other
assets which may be suitable for that purpose.
61.10 Adjudication of obligation to support spouse (e)1. Unless the provisions of subparagraph 3, ap-
or minor child unconnected with dissolution; child cus- ply, all child support orders entered on or after January
tOdy, child's primary residence, and visitation.-Ex- 1, 1985, shall direct that the payments of child support
cept when relief is afforded by some other pending civil be made as provided in s, 61,181 through the depository
action or proceeding, a spouse residing in this state in the county where the court is located.
apart from his spouse and minor child, whether or not 2. Unless the provisions of subparagraph 3. apply,
such separation is through his fault, may obtain an adju- all child support orders entered before January 1, 1985,
dication of his obligation to maintain his spouse and min- shall be modified by the court to direct that payments
or child, if any. The court shall adjudicate his financial of child support shall be made through the depository
obligations to the spouse and child, shall establish the in the county where the court is located upon the subse-
child's primary residence, and shall determine the cus- quent appearance of either or both parents to modify or
tody and visitation rights of the parties. Such an action enforce the order, or in any related proceeding.
does not preclude either party from maintaining any oth- 3. If both parties request and the court finds that it
er proceeding under this chapter for other or additional is in the best interest of the child, support payments
relief at any time . need not be directed through the depository. The order
History.-s. 1, ch. 61-112; s. 16, ch. 67-254; s. 12, ch . 71-241; s. 117, ch. 86-220.
Note. -Former s. 65.101 .
of support shall provide, or shall be deemed to provide,
cf.- s. 61 .20 Social investigation and recommendations when child custody is in is- that either party may subsequently apply to the deposi-
s. 44.101 Family mediation or conciliation services.
tory to require direction of the payments through the de-
pository. The court shall provide a copy of the order to
61.13 Custody and support of children; visitation the depository.
rights; power of court in making orders.- 4. If the parties elect not to require that support
(1 )(a) In a proceeding for dissolution of marriage, the payments be made through the depository, any party
court may at any time order either or both parents who may subsequently file an affidavit with the depository al-
owe a duty of support to a child to pay support as from leging a default in payment of child support and stating
the circumstances of the parties and the nature of the that the party wishes to require that payments be made
case is equitable. The court initially entering an order re- through the depository, The party shall provide copies
quiring one or both parents to make child support pay- of the affidavit to the court and to each other party, Fif-
ments shall have continuing jurisdiction after the entry teen days after receipt of the affidavit, the depository
of the initial order to modify the amount and terms and shall notify both parties that future payments shall be
conditions of the child support payments when the mod- paid through the depository,
ification is found necessary by the court in the best inter- 5. In IV-D cases, the IV-D agency shall have the
ests of the child, when the child reaches majority, or same rights as the obligee in requesting that payments
when there is a substantial change in the circumstances be made through the depository.
s.61.13 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.61.13
(2)(a) The court shall have jurisdiction to determine welfare and interests of the child, including, but not limit-
custody, notwithstanding that the child is not physically ed to :
present in this state at the time of filing any proceeding (a) The parent who is more likely to allow the child
under this chapter, if it appears to the court that the frequent and continuing contact with the nonresidential
child was removed from this state for the primary pur- parent.
pose of removing the child from the jurisdiction of the (b) The love, affection , and other emotional ties ex-
court in an attempt to avoid a determination or modifica- isting between the parents and the child.
tion of custody. (c) The capacity and disposition of the parents to
(b)1 . The court shall determine all matters relating provide the child with food , clothing, medical care or oth-
to custody of each minor child of the parties in accord- er remedial care recognized and permitted under the
ance with the best interests of the child and in accord- laws of this state in lieu of medical care, and other mate-
ance with the Uniform Child Custody Jurisdiction Act. It rial needs.
is the public policy of this state to assure that each minor (d) The length of time the child has lived in a stable,
child has frequent and continuing contact with both par- satisfactory environment and the desirability of main-
ents after the parents separate or the marriage of the taining continuity.
parties is dissolved and to encourage parents to share (e) The permanence , as a family unit, of the existing
the rights and responsibilities of childrearing . After con- or proposed custodial home.
sidering all relevant facts, the father of the child shall be (f) The moral fitness of the parents.
given the same consideration as the mother in determin- (g) The mental and physical health of the parents.
ing the primary residence of a child irrespective of the (h) The home, school , and community record of the
age of the child.
2. The court shall order that the parental responsi-
(i) The reasonable preference of the child, if the
bility for a minor child be shared by both parents unless
court deems the child to be of sufficient intelligence, un-
the court finds that shared parental responsibility would
derstanding, and experience to express a preference.
be detrimental to the child . The court shall consider evi-
U) Any other fact considered by the court to be rele-
dence of spouse abuse as evidence of detriment to the
child . If the court determines that shared parental re- vant.
sponsibility would be detrimental to the child , it may or- (4)(a) When a noncustodial parent who is ordered to
der sole parental responsibility. If the court finds that pay child support or alimony and who is awarded visita-
spouse abuse has occurred between the parties , it may tion rights fails to pay child support or alimony, the cus-
award sole parental responsibility to the abused spouse todial parent shall not refuse to honor the noncustodial
and make such arrangements for visitation as will best parent's visitation rights.
protect the child and abused spouse from further harm . (b) When a custodial parent refuses to honor a non-
a. In ordering shared parental responsibility, the custodial parent 's visitation rights, the noncustodial par-
court may consider the expressed desires of the parents ent shall not fail to pay any ordered child support or ali-
and may grant to one party the ultimate responsibility mony.
over specific aspects of the child 's welfare or may divide (c) When a custodial parent refuses to honor a non-
those responsibilities between the parties based on the custodial parent's visitation rights without proper cause,
best interests of the child. Areas of responsibility may the court may:
include primary residence , education, medical and den- 1. After calculating the amount of visitation improp-
tal care , and any other responsibilities which the court erly denied, award the noncustodial parent a sufficient
finds unique to a particular family . amount of extra visitation to compensate the noncus-
b. The court shall order "sole parental responsibility, todial parent, which visitation shall be taken as expedi-
with or without visitation rights , to the other parent when tiously as possible in a manner which does not interfere
it is in the best interests of" the minor child. with the best interests of the child ; or
c. The court may award the grandparents visitation 2. Award the custody or primary residence to the
rights of a minor child if it is in the child's best interest. noncustodial parent , upon the request of the noncus-
Grandparents shall have legal standing to seek judicial todial parent , if the award is in the best interests of the
enforcement of such an award. Nothing in this section child .
shall require that grandparents be made parties or given (d) A person who violates this subsection may be
notice of dissolution pleadings or proceedings, nor shall punished by contempt of court or other remedies as the
grandparents have legal standing as "contestants" as court deems appropriate.
defined in s. 61 .1306. No court shall order that a child be (5) The court may make specific orders for the care,
kept within the state or jurisdiction of the court solely for custody , and support of the minor child as from the cir-
the purpose of permitting visitation by the grandparents. cumstances of the parties and the nature of the case is
3. Access to records and information pertaining to equitable. An award of shared parental responsibility of
a minor child , including, but not limited to , medical, den- a minor child does not preclude the court from entering
tal, and school records, shall not be denied to a parent an order for child support of the child.
because such parent is not the child 's primary residen- Hiatory.-s. 7. Oct. 31 , 1828; RS 1489; GS 1938; RGS 3201 ; CGL 4993; s. 16, ch.
67-254; s. 15, ch. 71 -241 ; s. 1, ch. 75-67; s. 1, ch . 75-99; s. 26, ch. 77-433; s. 1,
tial parent. ch. 78-5; s. 18, ch. 79-164; ss. 1, 4, ch . 82-96; s. 3, ch. 64-110; s. 1, ch. 84-152;
(3) For purposes of shared parental responsibility s. 118, ch. 86-220.
Note.- Former s. 65. 14.
and primary residence, the best interests of the child cf. -s. 61 .20 Social investigation and recomme ndations.
shall include an evaluation of all factors affecting the 5. 44.101 Family mediation or conciliation services.
s.61.1301 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.61.1301
61.1301 Income deduction orders.- (f) When the court orders the income deduction to
(1) ISSUANCE IN CONJUNCTION WITH AN ALIMO- be effective upon a delinquency in an amount equal to
NY OR CHILD SUPPORT ORDER OR MODIFICATION.- 1 month's support, the obligee may enforce the income
(a) Upon the entry of an order establishing, enforc- deduction by serving a notice of delinquency on the obli-
ing, or modifying an alimony or a child support obliga- gor.
tion, the court shall enter a separate order for income de- 1. The notice of delinquency shall state:
duction if one has not been entered. Copies of the or- a. The terms of the support order.
ders shall be served on the obligee and obligor. If the b. The period of delinquency and the total amount
support order directs that support payments be made of the delinquency as of the date the notice is mailed.
through the depository, the court shall provide a copy c. All fees or interest which may be imposed .
of the support order to the depository. If the obligee is d. The total amount of income to be deducted for
a IV-D applicant, the court shall furnish copies of the each pay period until the arrearage, and all applicable
support order and the income deduction order to the fees and interest, is paid in full and shall state the total
IV-D agency. amount of income to be deducted for each pay period
(b) The income deduction order shall: thereafter. The amounts deducted may not be in excess
1. Direct a payor to deduct from all income due and of that allowed under s. 303(b) of the Consumer Credit
payable to an obligor the amount required by the court Protection Act, 15 U.S.C. s. 1673(b), as amended.
to meet the obligor's support obligation; e. That the income deduction order applies to cur-
2. State the amount of arrearage owed, if any, and rent and subsequent payors and periods of employ-
direct a payor to withhold an additional 20 percent of the ment.
periodic amount specified in the support order, until full f. That a copy of the notice of delinquency will be
payment is made of any arrearage ; and served on the obligor's payor or payors, together with
3. Direct a payor not to deduct in excess of the a copy of the income deduction order, unless the obligor
amounts allowed under s. 303(b) of the Consumer Credit applies to the court to contest enforcement of the order.
Protection Act, 15 U.S.C. s. 1673(b), as amended. The application shall be filed within 15 days after the
(c) The income deduction order is effective immedi- date the notice of delinquency was served.
ately unless the court upon good cause shown finds that g. That the enforcement of the income deduction
order may only be contested on the ground of mistake
the income deduction order shall be effective upon a de-
of fact regarding the amount of support owed pursuant
linquency in an amount equal to 1 month's support.
to a support order, the amount of arrearages , or the
(d) The income deduction order shall be effective so
identity of the obligor.
long as the order of support upon which it is based is
h. That the obligor is required to notify the obligee
effective or until further order of the court.
of the obligor's current address and current payors and
(e) When the court orders the income deduction to
of the address of current payors. All changes shall be re-
be effective immediately, the court shall furnish to the ported by the obligor within 7 days. If the IV-D agency
obligor a statement of his rights , remedies, and duties is enforcing the order, the obligor shall make these notifi-
in regard to the income deduction order. The statement cations to the agency instead of to the obligee .
shall state: 2. The failure of the obligor to receive the notice of
1. All fees or interest which shall be imposed. delinquency does not preclude subsequent service of
2. The total amount of income to be deducted for the income deduction order on the obligor's payor. A no-
each pay period until the arrearage, if any, is paid in full tice of delinquency which fails to state an arrearage
and shall state the total amount of income to be deduct- does not mean that an arrearage is not owed.
ed for each pay period thereafter. The amounts deduct- (g) At any time, any party, including the IV-D agen-
ed may not be in excess of that allowed under s. 303(b) cy, may apply to the court to:
of the Consumer Credit Protection Act, 15 U.S.C. s. 1. Modify, suspend, or terminate the order for in-
1673(b), as amended. come deduction because of a modification, suspension,
3. That the income deduction order applies to cur- or termination of the underlying order for support ; or
rent and subsequent payors and periods of employ- 2. Modify the amount of income deducted when the
ment. arrearage has been paid.
4. That a copy of the income deduction order will (2) ENFORCEMENT OF INCOME DEDUCTION OR-
be served on the obligor's payor or payors, unless the DERS.-
obligor applies to the court to contest enforcement of (a) The obligee or his agent shall serve an income
the order. The application shall be filed within 15 days deduction order and the notice to payor, and in the case
after the date the income deduction order is entered. of a delinquency a notice of delinquency, on the obli-
5. That enforcement of the income deduction order gor's payor unless the obligor has applied for a hearing
may only be contested on the ground of mistake of fact to contest the enforcement of the income deduction or-
regarding the amount of support owed pursuant to a der pursuant to subsection (3) .
support order, the arrearages, or the identity of the obli- (b)1. Service by or upon any person who is a party
gor. to a proceeding under this section shall be made in the
6. That the obligor is required to notify the obligee manner prescribed in the Florida Rules of Civil Proce-
and, when the obligee is receiving IV-D services, the dure for service upon parties.
IV-D agency, within 7 days of changes in the obligor's 2. Service upon an obligor's payor or successor
address, payors, and the addresses of his payors . payor under this section shall be made by prepaid certi-