FL
Florida House Bill H1295

Florida 2022 Regular Session

Florida House Bill H1295 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to executive appointments; amending s. 2
16-20.201, F.S.; requiring that the executive director of 3
17-the Department of Law Enforcement be appointed by the 4
18-Governor subject to a majority vote of the Governor 5
19-and Cabinet with the Governor on the prevailing side; 6
20-amending s. 20.255, F.S.; requiring that the 7
21-appointment of the Secretary of Environmental 8
22-Protection be subject to the concurrence of three 9
23-members of the Cabinet or confirmation by the Senate; 10
24-requiring the Governor to provide certain notification 11
25-to the Cabinet and the President of the Senate; 12
26-providing procedures for concurrence of the Cabinet 13
27-and confirmation by the Senate; amending s. 20.37, 14
28-F.S.; requiring that the executive director of the 15
29-Department of Veterans' Affairs be appointed by the 16
30-Governor subject to a majority vote of the Governor 17
31-and Cabinet with the Governor on the prevailing side; 18
32-providing an effective date. 19
33- 20
34-Be It Enacted by the Legislature of the State of Florida: 21
35- 22
36- Section 1. Subsection (1) of section 20.201, Florida 23
37-Statutes, is amended to read: 24
38- 20.201 Department of Law Enforcement. — 25
16+20.201, F.S.; providing that the executive director of 3
17+the Department of Law Enforcement shall be appointed 4
18+by the Governor subject to a majority vote of the 5
19+Governor and Cabinet with the Governor and Attorney 6
20+General on the prevailing side; amending 20.24, F.S.; 7
21+providing that the head of the Department of Hi ghway 8
22+Safety and Motor Vehicles shall be a secretary 9
23+appointed by the Governor and confirmed by the Senate; 10
24+providing that the secretary shall serve at the 11
25+pleasure of the Governor; amending s. 20.255, F.S.; 12
26+removing the requirement that the appointment of the 13
27+Secretary of Environmental Protection be subject to 14
28+the concurrence of three members of the Cabinet; 15
29+amending s. 20.37, F.S.; providing that the executive 16
30+director of the Department of Veterans' Affairs shall 17
31+be appointed by the Governor subject to a majority 18
32+vote of the Governor and Cabinet with the Governor on 19
33+the prevailing side; amending ss. 206.27, 207.021, 20
34+316.545, 320.275, 322.125, 397.333, 943.0313, and 21
35+943.06, F.S.; conforming provisions to changes made by 22
36+the act; providing an effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- (1) There is created a Department of Law Enforcement. The 26
52-head of the department is the Governor and Cabinet. The 27
53-executive director of the department shall be appointed by the 28
54-Governor subject to a majority vote of the Governor and Cabinet, 29
55-with the Governor on the prevailing side. The appointment is 30
56-with the approval of three members of the Cabinet and subject to 31
57-confirmation by the Senate. The executive director shall serve 32
58-at the pleasure of the Governor and Cabinet. The executive 33
59-director may establish a command, operational, and 34
60-administrative services structure to assist, manage, and support 35
61-the department in operating programs and delivering services. 36
62- Section 2. Subsection (1) of section 20.255, Florida 37
63-Statutes, is amended to read: 38
64- 20.255 Department of Environmental Protection. —There is 39
65-created a Department of Environmenta l Protection. 40
66- (1) Notwithstanding s. 20.05(2), the head of the 41
67-Department of Environmental Protection shall be a secretary, who 42
68-shall be appointed by the Governor, with the concurrence of 43
69-three members of the Cabinet or subject to confirmation by the 44
70-Senate. 45
71- (a) Upon making the appointment, the Governor shall, in 46
72-writing, notify the Cabinet and the President of the Senate that 47
73-he or she will seek either the concurrence of three members of 48
74-the Cabinet or confirmation of the appointee by the Senate. 49
51+ 26
52+ Section 1. Subsection (1) of section 20.201, Florida 27
53+Statutes, is amended to read: 28
54+ 20.201 Department of Law Enforcement. — 29
55+ (1) There is created a Department of Law Enforcement. The 30
56+head of the department is the Governor and Cabinet. The 31
57+executive director of the department shall be appointed by the 32
58+Governor subject to a majority vote of the Governor and Cabinet, 33
59+with the Governor and Attorney General on the prevailing side. 34
60+The appointment is with the approval of three members of the 35
61+Cabinet and subject to confirmation by the Senate. The executive 36
62+director shall serve at the pleasure of the Governor and 37
63+Cabinet. The executive director may establish a command, 38
64+operational, and administrat ive services structure to assist, 39
65+manage, and support the department in operating programs and 40
66+delivering services. 41
67+ Section 2. Subsection (1) of section 20.24, Florida 42
68+Statutes, is amended to read: 43
69+ 20.24 Department of Highway Safety and Motor Vehicle s.—44
70+There is created a Department of Highway Safety and Motor 45
71+Vehicles. 46
72+ (1) The head of the Department of Highway Safety and Motor 47
73+Vehicles shall be a secretary appointed by the Governor and 48
74+confirmed by the Senate. The secretary shall serve at the 49
75+pleasure of the Governor is the Governor and Cabinet . 50
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8384 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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87- (b) If the Governor seeks the concurrence of three members 50
88-of the Cabinet for the appointment, such concurrence must be 51
89-obtained at the first scheduled meeting of the Cabinet following 52
90-the appointment. If the concurrence of three members of the 53
91-Cabinet is not obtained at such meeting, the appointee may be 54
92-held over until his or her successor is appointed and qualified, 55
93-but the period of such holdover may not exceed 30 days from the 56
94-date of the Cabinet meeting at which the appointment was 57
95-considered. An appoint ee who does not receive the concurrence of 58
96-three members of the Cabinet is not eligible for appointment to 59
97-the same office for 1 year after the date of the Cabinet meeting 60
98-at which the appointment was considered. 61
99- (c) If the Governor seeks confirmation of the appointee by 62
100-the Senate, s. 114.05 applies The secretary shall be confirmed 63
101-by the Florida Senate . 64
102- (d) The secretary shall serve at the pleasure of the 65
103-Governor. 66
104- Section 3. Subsection (1) of section 20.37, Florida 67
105-Statutes, is amended to read: 68
106- 20.37 Department of Veterans' Affairs. —There is created a 69
107-Department of Veterans' Affairs. 70
108- (1) The head of the department is the Governor and 71
109-Cabinet. The executive director of the department shall be 72
110-appointed by the Governor subject to a majority vote of the 73
111-Governor and Cabinet, with the Governor on the prevailing side. 74
88+ Section 3. Subsection (1) of section 20.255, Florida 51
89+Statutes, is amended to read: 52
90+ 20.255 Department of Environmental Protection. —There is 53
91+created a Department of Environmental Protection. 54
92+ (1) The head of the Department of Environmental Protection 55
93+shall be a secretary, who shall be appointed by the Governor . 56
94+The appointment is subject to confirmation , with the concurrence 57
95+of three members of the Cabinet. The secretary shall be 58
96+confirmed by the Florida Senate. The secretary shall serve at 59
97+the pleasure of the Governor. 60
98+ Section 4. Subsection (1) of section 20.37, Florida 61
99+Statutes, is amended to read: 62
100+ 20.37 Department of Veterans' Affairs. —There is created a 63
101+Department of Veterans' Affairs. 64
102+ (1) The head of the department is the Governor and 65
103+Cabinet. The executive director of the department shall be 66
104+appointed by the Governor subject to a majority vote of the 67
105+Governor and Cabinet, with the Governor on the prevailing side. 68
106+The appointment is with the approval of three members of the 69
107+Cabinet and subject to confirmation by the Senate. The executive 70
108+director shall serve at the pleasure of the Governor and 71
109+Cabinet. 72
110+ Section 5. Subsection (2) of section 206.27, Florida 73
111+Statutes, is amended to read: 74
112+ 206.27 Records and files as public records. — 75
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120121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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124-The appointment is with the approval of three members of the 75
125-Cabinet and subject to confirmation by the Senate. The executive 76
126-director shall serve at the pleasure of the Governor and 77
127-Cabinet. 78
128- Section 4. This act shall take effect upon becoming a law. 79
125+ (2) Nothing herein shall be construed as requiring the 76
126+department to provide as a public record any information 77
127+concerning audits in progress or those records and files of the 78
128+department described in this section w hich are currently the 79
129+subject of pending investigation by the Department of Revenue or 80
130+the Florida Department of Law Enforcement. It is specifically 81
131+provided that the foregoing information shall be exempt from the 82
132+provisions of s. 119.07(1) and shall be c onsidered confidential 83
133+pursuant to s. 213.053; however, the department may make 84
134+available to the Secretary executive director of the Department 85
135+of Highway Safety and Motor Vehicles or his or her designee, 86
136+exclusively for official purposes in administering chapter 207, 87
137+any information concerning any audit in progress, and the 88
138+provisions of s. 213.053(8) requiring a written agreement and 89
139+maintenance of confidentiality by the recipient, and the penalty 90
140+for breach of confidentiality, shall apply if the departme nt 91
141+makes such information available. Any officer, employee, or 92
142+former officer or employee of the department who divulges any 93
143+such information in any manner except for such official purposes 94
144+or under s. 213.053 is guilty of a misdemeanor of the first 95
145+degree, punishable as provided in s. 775.082 or s. 775.083. 96
146+ Section 6. Paragraph (a) of subsection (2) of section 97
147+207.021, Florida Statutes, is amended to read: 98
148+ 207.021 Informal conferences; settlement or compromise of 99
149+taxes, penalties, or interest. — 100
150+
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158+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162+ (2)(a) The secretary executive director or his or her 101
163+designee may enter into a closing agreement with a taxpayer 102
164+settling or compromising the taxpayer's liability for any tax, 103
165+interest, or penalty assessed under this chapter. Each agreement 104
166+must be in writing, in the form of a closing agreement approved 105
167+by the department, and signed by the secretary executive 106
168+director or his or her designee. The agreement is final and 107
169+conclusive, except upon a showing of material fraud or 108
170+misrepresentation of material fact. T he department may not make 109
171+an additional assessment against the taxpayer for the tax, 110
172+interest, or penalty specified in the closing agreement for the 111
173+time specified in the closing agreement, and the taxpayer may 112
174+not institute a judicial or administrative p roceeding to recover 113
175+any tax, interest, or penalty paid pursuant to the closing 114
176+agreement. The secretary executive director of the department or 115
177+his or her designee may approve the closing agreement. 116
178+ Section 7. Subsection (7) of section 316.545, Florid a 117
179+Statutes, is amended to read: 118
180+ 316.545 Weight and load unlawful; special fuel and motor 119
181+fuel tax enforcement; inspection; penalty; review. — 120
182+ (7) There is created within the Department of 121
183+Transportation the Commercial Motor Vehicle Review Board, 122
184+consisting of three permanent members who shall be the Secretary 123
185+of Transportation, the Secretary executive director of the 124
186+Department of Highway Safety and Motor Vehicles, and the 125
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195+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199+Commissioner of Agriculture, or their authorized 126
200+representatives, and four additio nal members appointed pursuant 127
201+to paragraph (b), which may review any penalty imposed upon any 128
202+vehicle or person under the provisions of this chapter relating 129
203+to weights imposed on the highways by the axles and wheels of 130
204+motor vehicles, to special fuel and motor fuel tax compliance, 131
205+or to violations of safety regulations. 132
206+ (a) The Secretary of Transportation or his or her 133
207+authorized representative shall be the chair of the review 134
208+board. 135
209+ (b) The Governor shall appoint one member from the road 136
210+construction industry, one member from the trucking industry, 137
211+and one member with a general business or legal background. The 138
212+Commissioner of Agriculture shall appoint one member from the 139
213+agriculture industry. Each member appointed under this paragraph 140
214+must be a registered voter and resident of the state and must 141
215+possess business experience in the private sector. Members 142
216+appointed pursuant to this paragraph shall each serve a 2 -year 143
217+term. A vacancy occurring during the term of a member appointed 144
218+under this paragraph sh all be filled only for the remainder of 145
219+the unexpired term. Members of the board appointed under this 146
220+paragraph may be removed from office by the Governor for 147
221+misconduct, malfeasance, misfeasance, or nonfeasance in office. 148
222+ (c) Each member, before enterin g upon his or her official 149
223+duties, shall take and subscribe to an oath before an official 150
224+
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232+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236+authorized by law to administer oaths that he or she will 151
237+honestly, faithfully, and impartially perform the duties 152
238+devolving upon him or her in office as a member of the review 153
239+board and that he or she will not neglect any duties imposed 154
240+upon him or her by s. 316.3025, s. 316.550, or this section. 155
241+ (d) The chair of the review board is responsible for the 156
242+administrative functions of the review board. 157
243+ (e) Four members of the board constitute a quorum, and the 158
244+vote of four members shall be necessary for any action taken by 159
245+the board. A vacancy on the board does not impair the right of a 160
246+quorum of the board to exercise all of the rights and perform 161
247+all of the duties of t he board. 162
248+ (f) The review board may hold sessions and conduct 163
249+proceedings at any place within the state. As an alternative to 164
250+physical appearance, the Department of Transportation shall 165
251+allow a person requesting a hearing to appear remotely before 166
252+the board via communications media technology as authorized by 167
253+chapter 28-109, Florida Administrative Code, regardless of the 168
254+physical location of the board proceeding. 169
255+ Section 8. Subsections (1) and (2) of section 320.275, 170
256+Florida Statutes, are amended to re ad: 171
257+ 320.275 Automobile Dealers Industry Advisory Board. — 172
258+ (1) AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD. —The 173
259+Automobile Dealers Industry Advisory Board is created within the 174
260+Department of Highway Safety and Motor Vehicles. The board shall 175
261+
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269+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273+make recommendations on proposed legislation, make 176
274+recommendations on proposed rules and procedures, present 177
275+licensed motor vehicle dealer industry issues to the department 178
276+for its consideration, consider any matters relating to the 179
277+motor vehicle dealer industry presen ted to it by the department, 180
278+and submit an annual report to the secretary executive director 181
279+of the department and file copies with the Governor, the 182
280+President of the Senate, and the Speaker of the House of 183
281+Representatives. 184
282+ (2) MEMBERSHIP, TERMS, MEETING S.— 185
283+ (a) The board shall be composed of 12 members. The 186
284+secretary executive director of the department of Highway Safety 187
285+and Motor Vehicles shall appoint the members from names 188
286+submitted by the entities for the designated categories the 189
287+member will represent. The secretary executive director shall 190
288+appoint one representative of the Department of Highway Safety 191
289+and Motor Vehicles; two representatives of the independent motor 192
290+vehicle industry as recommended by the Florida Independent 193
291+Automobile Dealers Associ ation; two representatives of the 194
292+franchise motor vehicle industry as recommended by the Florida 195
293+Automobile Dealers Association; one representative of the 196
294+auction motor vehicle industry who is from an auction chain and 197
295+is recommended by a group affiliated with the National Auto 198
296+Auction Association; one representative of the auction motor 199
297+vehicle industry who is from an independent auction and is 200
298+
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310+recommended by a group affiliated with the National Auto Auction 201
311+Association; one representative from the Departm ent of Revenue; 202
312+a Florida tax collector representative recommended by the 203
313+Florida Tax Collectors Association; one representative from the 204
314+Better Business Bureau; one representative from the Department 205
315+of Agriculture and Consumer Services, who must represen t the 206
316+Division of Consumer Services; and one representative of the 207
317+insurance industry who writes motor vehicle dealer surety bonds. 208
318+ (b)1. The secretary executive director shall appoint the 209
319+following initial members to 1 -year terms: one representative 210
320+from the motor vehicle auction industry who represents an 211
321+auction chain, one representative from the independent motor 212
322+vehicle industry, one representative from the franchise motor 213
323+vehicle industry, one representative from the Department of 214
324+Revenue, one Florida tax collector, and one representative from 215
325+the Better Business Bureau. 216
326+ 2. The secretary executive director shall appoint the 217
327+following initial members to 2 -year terms: one representative 218
328+from the motor vehicle auction industry who represents an 219
329+independent auction, one representative from the independent 220
330+motor vehicle industry, one representative from the franchise 221
331+motor vehicle industry, one representative from the Division of 222
332+Consumer Services, one representative from the insurance 223
333+industry, and one representative from the department. 224
334+ 3. As the initial terms expire, the secretary executive 225
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343+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347+director shall appoint successors from the same designated 226
348+category for terms of 2 years. If renominated, a member may 227
349+succeed himself or herself. 228
350+ 4. The board shall appoint a chair and vice chair at its 229
351+initial meeting and every 2 years thereafter. 230
352+ (c) The board shall meet at least two times per year. 231
353+Meetings may be called by the chair of the board or by the 232
354+secretary executive director of the department. One meeting 233
355+shall be held in the fall of the year to review legislative 234
356+proposals. The board shall conduct all meetings in accordance 235
357+with applicable Florida Statutes and shall keep minutes of all 236
358+meetings. Meetings may be held in locat ions around the state in 237
359+department facilities or in other appropriate locations. 238
360+ Section 9. Subsection (1) of section 322.125, Florida 239
361+Statutes, is amended to read: 240
362+ 322.125 Medical Advisory Board. — 241
363+ (1) There shall be a Medical Advisory Board compo sed of 242
364+not fewer than 12 or more than 25 members, at least one of whom 243
365+must be 60 years of age or older and all but one of whose 244
366+medical and other specialties must relate to driving abilities, 245
367+which number must include a doctor of medicine who is employed 246
368+by the Department of Highway Safety and Motor Vehicles in 247
369+Tallahassee, who shall serve as administrative officer for the 248
370+board. The Secretary executive director of the Department of 249
371+Highway Safety and Motor Vehicles shall recommend persons to 250
372+
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380+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384+serve as board members. Every member but two must be a doctor of 251
385+medicine licensed to practice medicine in this or any other 252
386+state. One member must be an optometrist licensed to practice 253
387+optometry in this state. One member must be a chiropractic 254
388+physician licensed to p ractice chiropractic medicine in this 255
389+state. Members shall be approved by the Cabinet and shall serve 256
390+4-year staggered terms. The board membership must, to the 257
391+maximum extent possible, consist of equal representation of the 258
392+disciplines of the medical commu nity treating the mental or 259
393+physical disabilities that could affect the safe operation of 260
394+motor vehicles. 261
395+ Section 10. Paragraph (b) of subsection (1) of section 262
396+397.333, Florida Statutes, is amended to read: 263
397+ 397.333 Statewide Drug Policy Advisory Council.— 264
398+ (1) 265
399+ (b) The following state officials shall be appointed to 266
400+serve on the advisory council: 267
401+ 1. The Attorney General, or his or her designee. 268
402+ 2. The executive director of the Department of Law 269
403+Enforcement, or his or her designee. 270
404+ 3. The Secretary of Children and Families, or his or her 271
405+designee. 272
406+ 4. The director of the Office of Planning and Budgeting in 273
407+the Executive Office of the Governor, or his or her designee. 274
408+ 5. The Secretary of Corrections, or his or her designee. 275
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421+ 6. The Secretary of Juvenile Justice, or his or her 276
422+designee. 277
423+ 7. The Commissioner of Education, or his or her designee. 278
424+ 8. The Secretary executive director of the Department of 279
425+Highway Safety and Motor Vehicles, or his or her designee. 280
426+ 9. The Adjutant General of t he state as the Chief of the 281
427+Department of Military Affairs, or his or her designee. 282
428+ Section 11. Paragraph (b) of subsection (1) of section 283
429+943.0313, Florida Statutes, is amended to read: 284
430+ 943.0313 Domestic Security Oversight Council. —The 285
431+Legislature finds that there exists a need to provide executive 286
432+direction and leadership with respect to terrorism prevention, 287
433+preparation, protection, response, and recovery efforts by state 288
434+and local agencies in this state. In recognition of this need, 289
435+the Domestic Security Oversight Council is hereby created. The 290
436+council shall serve as an advisory council pursuant to s. 291
437+20.03(7) to provide guidance to the state's regional domestic 292
438+security task forces and other domestic security working groups 293
439+and to make recommenda tions to the Governor and the Legislature 294
440+regarding the expenditure of funds and allocation of resources 295
441+related to counter-terrorism and domestic security efforts. 296
442+ (1) MEMBERSHIP.— 297
443+ (b) In addition to the members designated in paragraph 298
444+(a), the council may invite other ex officio, nonvoting members 299
445+to attend and participate in council meetings. Those nonvoting 300
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454+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458+members may include, but need not be limited to: 301
459+ 1. The Secretary executive director of the Department of 302
460+Highway Safety and Motor Vehicles. 303
461+ 2. The Secretary of Health Care Administration. 304
462+ 3. The Secretary of Environmental Protection. 305
463+ 4. The director of the Division of Law Enforcement within 306
464+the Fish and Wildlife Conservation Commission. 307
465+ 5. A representative of the Commission on Human Rel ations. 308
466+ 6. A representative of the United States Coast Guard. 309
467+ 7. A United States Attorney from a federal judicial 310
468+circuit within this state. 311
469+ 8. A special agent in charge from an office of the Federal 312
470+Bureau of Investigation within this state. 313
471+ Section 12. Subsection (1) of section 943.06, Florida 314
472+Statutes, is amended to read: 315
473+ 943.06 Criminal and Juvenile Justice Information Systems 316
474+Council.—There is created a Criminal and Juvenile Justice 317
475+Information Systems Council within the department. 318
476+ (1) The council shall be composed of 15 members, 319
477+consisting of the Attorney General or a designated assistant; 320
478+the executive director of the Department of Law Enforcement or a 321
479+designated assistant; the secretary of the Department of 322
480+Corrections or a designated assistant; the chair of the Florida 323
481+Commission on Offender Review or a designated assistant; the 324
482+Secretary of Juvenile Justice or a designated assistant; the 325
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494+
495+Secretary executive director of the Department of Highway Safety 326
496+and Motor Vehicles or a designate d assistant; the Secretary of 327
497+Children and Families or a designated assistant; the State 328
498+Courts Administrator or a designated assistant; 1 public 329
499+defender appointed by the Florida Public Defender Association, 330
500+Inc.; 1 state attorney appointed by the Florida Prosecuting 331
501+Attorneys Association, Inc.; and 5 members, to be appointed by 332
502+the Governor, consisting of 2 sheriffs, 2 police chiefs, and 1 333
503+clerk of the circuit court. 334
504+ Section 13. This act shall take effect July 1, 2022. 335