The Governor and Cabinet - Florida Department of State

Cabinet Affairs

ADMINISTRATION COMMISSION
AGENDA
NOVEMBER 19, 1996

1. Approval of the minutes for the meeting held November 7, 1996.

2. DEPARTMENT OF COMMUNITY AFFAIRS. Request authorization to establish 1.0
position in excess of the number fixed by the Legislature in accordance with 216.262(1)(a),
Florida Statutes.
Funding Source
FTE 75% Federal Funding 25% State Funding
(match or in-kind)
Division of Housing and Community Development
Community Assistance Consultant 1.0

(Recommend)

Authorizes one position to provide financial administration of the federal STOP Violence Against
Women grant program that was awarded to the Executive Office of the Governor by the U.S.
Department of Justice.

3. DEPARTMENT OF ELDER AFFAIRS. Request approval of the transfer of $1,700,215 in the
General Revenue appropriations as follows:
Transfer (From)/To
1996-97
$

Community Care for the Elderly (1,027,441)
Special Categories
Local Services Program (627,774)
Home and Community Based Waiver 1,700,215

(Recommend)

Transfers General Revenue funds from two state-funded programs to the Home and Community
Based Waiver program which earns 55% federal financial participation.

4. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. ITEMS A, B,
AND C. Request approval of the following:

A. Transfer of $2,250,000 in General Revenue appropriations as follows:
Transfer (From)/To
1996-97
$
Deputy Secretary for Human Services
Data Processing Service (2,250,000) Deputy Secretary for Administration
Data Processing Services 2,000,000
Deputy Secretary for Health
Data Processing Services 250,000

(Recommend)

Provides for the realignment of data processing services between budget entities based on actual
expenditures for fiscal year 1995-96. In addition, data processing services for Children's Medical
Services is being transferred to the Deputy Secretary for Health to prepare for the January 1, 1997
divestiture of Health.

B. Request the transfer of $560,000 in General Revenue appropriations as follows:
Transfer
(From)/To
1996-97
$
Health Services
County Health Units Construction/Renovation ($560,000)
Grants/Aids Project WARM Volusia County 360,000
Grants/Aids Miami Community Health Center 200,000

(Recommend)

Provides for the transfer of funds to grants and aids to local governments/nonprofit organizations
categories so the department may proceed with these projects in accordance with legislative intent.

Department of Health and Rehabilitative Services Continued (Item 4C)

C. Transfer of $37,498 in General Revenue appropriations as follows:
Transfer
(From)/To
1996-97
$
Mental Health Institutions
Salaries and Benefits (37,498)
Alcohol, Drug Abuse and Mental Health
Salaries and Benefits 37,498

(Recommend)

Provides for the support of a position transferred from Northeast Florida State Hospital to the
Alcohol, Drug Abuse and Mental Health Program Office in District 7 to coordinate community
forensic client management.

5. ADMINISTRATION COMMISSION. Request consideration of a Final Order issued by the
Division of Administrative Hearings in the cases of Jeff and Laura Johnson and Department of
Community Affairs vs. City of Tarpon Springs, and Lisa L. Mack and Department of Community
Affairs vs. City of Tarpon Springs.

On September 19, 1995, Jeff and Laura Johnson and Lisa Mack each filed with the City of Tarpon
Springs a petition seeking to have Tarpon Springs Ordinance 94-29 found to be inconsistent with
the City's comprehensive plan. When the City did not respond to either petition within 30 days, on
October 31, 1995, the Johnsons and Lisa Mack each filed a petition with the Department of
Community Affairs (DCA) under Section 163.3213, F.S., (1995).

On December 22, 1995, the DCA issued its Determination of Inconsistency of Tarpon Springs
Ordinance 94-29 with the City of Tarpon Springs Comprehensive Plan. On December 27, 1995,
the DCA forwarded both the Johnson's and Lisa Mack's petitions, together with the DCA's
determination, to the Division of Administrative Hearings (DOAH). The cases were consolidated
and scheduled for final hearing. The final hearing was conducted on March 7 and June 25, 1996.

A Final Order was issued on August 30, 1996, by the DOAH Hearing Officer and was submitted to
the Administration Commission for a hearing on "the extent to which any of the sanctions
described in Section 163.3184(11)(a) or (b) shall be applicable..." The DOAH Hearing Officer
Continued (Item 5)

found that the ordinance is inconsistent with the City's comprehensive plan, and that no Section
163.3184(11)(a) or (b) sanctions are necessary, so long as the City of Tarpon Springs promptly
either (1) repeals Ordinance 94-29, (2) amends it to be consistent with the City's comprehensive
plan, or (3) amends its comprehensive plan so that Tarpon Springs Ordinance 94-29 will be
consistent.

On September 18, 1996, the Secretary of the Commission issued a letter requesting the parties
submit written comments for consideration regarding the imposition of sanctions. On October 1,
1996, written comments were received from the City of Tarpon Springs and on October 2, 1996,
Lisa Mack and the Johnsons submitted their comments. The City, Lisa Mack and the Johnsons
recommended that no sanctions be imposed. On October 28, 1996, the DCA filed its letter
recommending that sanctions not be imposed upon the City of Tarpon Springs, so long as the
conditions specified by the Hearing Officer in his final order are met.

RECOMMENDATION:

Authorize the Secretary to enter the Draft Final Order.

BACK-UP:

DOAH Final Order received on September 9, 1996.

Written comments submitted by the City of Tarpon Springs received on October 1, 1996.

Written comments submitted by Lisa Mack and the Johnsons received on October 2, 1996.

Written comments submitted by the DCA received on October 28, 1996.

Draft Final Order.

6. ADMINISTRATION COMMISSION. Request approval of the proposed Uniform Rules of
Procedure for noticing in the Florida Administrative Weekly.

Pursuant to Section 120.54(5), Florida Statutes (1996), the Administration Commission is required
to adopt Uniform Rules of Procedure by July 1, 1997. Agencies are required to comply with the
uniform rules by July 1, 1998. These rules will take the place of the former Model Rules (Chapter
28, Florida Administrative Code).

The difference between the Model Rules and the Uniform Rules is that the Model Rules provided
procedural rules for agencies to use unless the agency adopted a more particular rule. The Uniform
Rules must be used by all agencies unless an exception is granted by the Administration
Commission. This will synchronize the procedural rules of agencies so that they do not
unnecessarily differ.

A rule development workshop was held on October 24, 1996, which was attended by agency and
private counsel. In addition to the comments elicited at the workshop, a number of written
comments were received. Another rules workshop will be held if necessary.

RECOMMENDATION:

Approve publishing a Notice of Proposed Rulemaking in the Florida Administrative Weekly
regarding the Uniform Rules of Procedure.

BACK-UP:

Proposed Uniform Rules of Procedure.