Senate Bill 2502

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    Florida Senate - 1998                                  SB 2502

    By the Committee on Ways and Means





    301-1736-98

  1                      A bill to be entitled

  2         An act relating to implementing the fiscal year

  3         1998-1999 General Appropriations Act; providing

  4         legislative intent; amending s. 216.292, F.S.;

  5         authorizing the Department of Children and

  6         Family Services and the Agency for Health Care

  7         Administration to transfer general revenue

  8         funds between them; requiring the Agency for

  9         Health Care Administration to use a specified

10         disproportionate share formula, specified

11         audited financial data, and a specified

12         Medicaid per diem rate in fiscal year 1998-1999

13         for qualifying hospitals; amending s. 409.9116,

14         F.S.; altering the formula for rural hospital

15         disproportionate share payments; amending s.

16         216.181, F.S.; authorizing the Department of

17         Children and Family Services and the Department

18         of Health to advance certain moneys for certain

19         contract services; directing the Agency for

20         Health Care Administration to include health

21         maintenance organization recipients in the

22         county billing for a specified purpose;

23         authorizing the Department of Children and

24         Family Services to use certain funds for fixed

25         capital outlay expenditures to meet federal

26         standards; authorizing the Department of Law

27         Enforcement to transfer positions, salary rate,

28         and budget between budget entities; requiring

29         notification of such actions; authorizing the

30         Department of Law Enforcement to participate in

31         the Model Career Service Classification and

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  1         Compensation System, subject to certain

  2         conditions; authorizing the Department of Law

  3         Enforcement to use certain moneys to provide

  4         meritorious-performance bonuses for employees,

  5         subject to approval; amending s. 236.081, F.S.,

  6         relating to the Florida Education Finance

  7         Program; authorizing funds to keep the district

  8         required local effort at a specified percentage

  9         of the district's total calculation; providing

10         for allocation of moneys provided for workforce

11         development; providing for budget amendment

12         when a program is moved; amending s. 212.20,

13         F.S.; providing for use of moneys allocated to

14         the Solid Waste Management Trust Fund;

15         providing for certain counties to use moneys

16         received for aquatic weed control for recycling

17         purposes; amending s. 403.7095, F.S.; revising

18         applicability and the expiration date of the

19         solid waste management grant program; requiring

20         a specified level of funding for counties

21         receiving solid waste management and recycling

22         grants; providing for allocation of funds for

23         innovative programs to address recycling

24         practices and procedures; providing for the

25         sale of certain property; providing for

26         expiration of temporary provisions; providing

27         effect of veto of specific appropriation or

28         proviso to which implementing language refers;

29         providing for construction of implementing act

30         in relation to other legislation; providing

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  1         severability; providing for retroactive

  2         effectiveness; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  It is the intent of the Legislature that

  7  the implementing and administering provisions of this act

  8  apply to the General Appropriations Act for fiscal year

  9  1998-1999.

10         Section 2.  In order to implement Specific

11  Appropriations 207 through 521 of the 1998-1999 General

12  Appropriations Act, subsection (1) of section 216.292, Florida

13  Statutes, is amended to read:

14         216.292  Appropriations nontransferable; exceptions.--

15         (1)(a)  Funds provided in the General Appropriations

16  Act or as otherwise expressly provided by law shall be

17  expended only for the purpose for which appropriated, except

18  that if deemed necessary such moneys may be transferred as

19  provided in subsections (3) and (4) when it is determined to

20  be in the best interest of the state. Appropriations for fixed

21  capital outlay may not be expended for any other purpose, and

22  appropriations may not be transferred between state agencies,

23  or between a state agency and the judicial branch, unless

24  specifically authorized by law.

25         (b)  For the 1998-1999 1997-1998 fiscal year only, the

26  Department of Children and Family Services and the Agency for

27  Health Care Administration may transfer general revenue funds

28  as necessary to comply with any provision of the General

29  Appropriations Act that requires or specifically authorizes

30  the transfer of general revenue funds between these two

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  1  agencies. This paragraph expires is repealed on July 1, 1999

  2  1998.

  3         Section 3.  During the 1998-1999 fiscal year, the

  4  Agency for Health Care Administration shall use the 1992-1993

  5  disproportionate share formula, the 1989 audited financial

  6  data, and the Medicaid per diem rate as of January 1, 1992,

  7  for those hospitals that qualify for the hospital

  8  disproportionate share program funded in Specific

  9  Appropriation 247 of the 1998-1999 General Appropriations Act.

10  This section expires July 1, 1999.

11         Section 4.  In order to implement Specific

12  Appropriation 240 of the 1998-1999 General Appropriations Act,

13  subsection (6) of section 409.9116, Florida Statutes, is

14  amended to read:

15         409.9116  Disproportionate share/financial assistance

16  program for rural hospitals.--In addition to the payments made

17  under s. 409.911, the Agency for Health Care Administration

18  shall administer a federally matched disproportionate share

19  program and a state-funded financial assistance program for

20  statutory rural hospitals. The agency shall make

21  disproportionate share payments to statutory rural hospitals

22  that qualify for such payments and financial assistance

23  payments to statutory rural hospitals that do not qualify for

24  disproportionate share payments. The disproportionate share

25  program payments shall be limited by and conform with federal

26  requirements. In fiscal year 1993-1994, available funds shall

27  be distributed in one payment, as soon as practicable after

28  the effective date of this act. In subsequent fiscal years,

29  funds shall be distributed quarterly in each fiscal year for

30  which an appropriation is made. Notwithstanding the provisions

31  of s. 409.915, counties are exempt from contributing toward

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  1  the cost of this special reimbursement for hospitals serving a

  2  disproportionate share of low-income patients.

  3         (6)  For the 1998-1999 1997-1998 fiscal year only, the

  4  Agency for Health Care Administration shall use the following

  5  formula for distribution of the funds in Specific

  6  Appropriation 240 226 of the 1998-1999 1997-1998 General

  7  Appropriations Act for the disproportionate share/financial

  8  assistance program for rural hospitals.

  9         (a)  The agency shall first determine a preliminary

10  payment amount for each rural hospital by allocating all

11  available state funds using the following formula:

12

13                  PDAER = (TAERH x TARH)/STAERH

14

15  Where:

16         PDAER = preliminary distribution amount for each rural

17  hospital.

18         TAERH = total amount earned by each rural hospital.

19         TARH = total amount appropriated or distributed under

20  this section.

21         STAERH = sum of total amount earned by each rural

22  hospital.

23         (b)  Federal matching funds for the disproportionate

24  share program shall then be calculated for those hospitals

25  that qualify for disproportionate share in paragraph (a).

26         (c)  The state-funds-only payment amount is then

27  calculated for each hospital using the formula:

28

29         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0

30

31  Where:

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  1         SFOER = state-funds-only payment amount for each rural

  2  hospital.

  3         SFOL = state-funds-only payment level, which is set at

  4  4 percent of TARH.

  5         (d)  The adjusted total amount allocated to the rural

  6  disproportionate share program shall then be calculated using

  7  the following formula:

  8

  9                     ATARH = (TARH - SSFOER)

10

11  Where:

12         ATARH = adjusted total amount appropriated or

13  distributed under this section.

14         SSFOER = sum of the state-funds-only payment amount

15  calculated under paragraph (c) for all rural hospitals.

16         (e)  The determination of the amount of rural

17  disproportionate share hospital funds is calculated by the

18  following formula:

19

20                TDAERH = [(TAERH x ATARH)/STAERH]

21

22  Where:

23         TDAERH = total distribution amount for each rural

24  hospital.

25         (f)  Federal matching funds for the disproportionate

26  share program shall then be calculated for those hospitals

27  that qualify for disproportionate share in paragraph (e).

28         (g)  State-funds-only payment amounts calculated under

29  paragraph (c) are then added to the results of paragraph (f)

30  to determine the total distribution amount for each rural

31  hospital.

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  1         (h)  This subsection expires is repealed on July 1,

  2  1999 1998.

  3         Section 5.  In order to implement Specific

  4  Appropriations 293 through 446A and 466A through 556A of the

  5  1998-1999 General Appropriations Act, paragraph (c) of

  6  subsection (15) of section 216.181, Florida Statutes, is

  7  amended to read:

  8         216.181  Approved budgets for operations and fixed

  9  capital outlay.--

10         (15)

11         (c)  For the 1998-1999 1997-1998 fiscal year only,

12  funds appropriated to the Department of Children and Family

13  Services in Specific Appropriations 293 272 through 446A 403

14  and the Department of Health in Specific Appropriations 466A

15  426 through 556A 511A of the 1998-1999 1997-1998 General

16  Appropriations Act may be advanced, unless specifically

17  prohibited in such General Appropriations Act, for those

18  contracted services that were approved for advancement by the

19  Comptroller in fiscal year 1993-1994, including those services

20  contracted on a fixed-price or unit cost basis.  This

21  paragraph expires is repealed on July 1, 1999 1998.

22         Section 6.  For the purpose of implementing Specific

23  Appropriation 247 of the 1998-1999 General Appropriations Act,

24  and for the 1998-1999 fiscal year only, the Agency for Health

25  Care Administration shall include health maintenance

26  organization recipients in the county billing for inpatient

27  hospital stays for the purpose of shared costs with counties

28  in accordance with the Florida Statutes.  This section expires

29  July 1, 1999.

30         Section 7.  In order to implement Specific

31  Appropriations 440 through 445 of the 1998-1999 General

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  1  Appropriations Act, the Department of Children and Family

  2  Services is authorized to use operating funds budgeted for

  3  Developmental Services Institutions for fixed capital outlay

  4  expenditures as needed to bring any currently unlicensed beds

  5  up to Federal Intermediate Care Facility for the

  6  Developmentally Disabled licensure standards. This section

  7  expires July 1, 1999.

  8         Section 8.  For the purpose of implementing Specific

  9  Appropriations 1033, 1042, 1046, and 1050 of the 1998-1999

10  General Appropriations Act, the Florida Department of Law

11  Enforcement may transfer up to 20 positions and associated

12  budget between budget entities and up to 10 percent of the

13  initial approved salary rate between budget entities, provided

14  the same funding source is used throughout each transfer.  The

15  department may also transfer up to 10 percent of the initial

16  approved budget between budget entities, provided the same

17  funding source is used throughout each transfer.  The

18  department must provide notice to the Executive Office of the

19  Governor, the Senate Ways and Means Committee, and the House

20  Committee on Criminal Justice Appropriations for all transfers

21  of salary rate or positions. This section expires July 1,

22  1999.

23         Section 9.  For the purpose of implementing Specific

24  Appropriations 1033, 1042, 1046, and 1050 of the 1998-1999

25  General Appropriations Act, beginning July 1, 1998, the

26  Florida Department of Law Enforcement, with approval of the

27  Executive Office of the Governor and in consultation with the

28  Department of Management Services, legislative appropriation

29  and personnel committees, and the affected certified

30  bargaining units, is authorized to participate in the Model

31  Career Service Classification and Compensation System as

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  1  authorized by section 334.0445, Florida Statutes, which is

  2  hereby continued through June 30, 1999, for this purpose. This

  3  section expires July 1, 1999.

  4         Section 10.  Consistent with the provisions of section

  5  216.163, Florida Statutes, and notwithstanding the provisions

  6  of section 216.181, Florida Statutes, the Florida Department

  7  of Law Enforcement may transfer up to one-half of 1 percent of

  8  the funds in Specific Appropriations 1033, 1042, 1046, and

  9  1050 of the 1998-1999 General Appropriations Act for lump-sum

10  salary bonuses for departmental employees at the discretion of

11  the Executive Director, provided that such bonuses are given

12  only to selected employees for meritorious performance,

13  instead of being given as across-the-board bonuses for all

14  employees. The department, after consultation with the

15  Executive Office of the Governor, shall provide a plan to the

16  House Fiscal Responsibility Council Chair and to the Senate

17  Ways and Means Committee Chair for approval before awarding

18  such bonuses. This section expires July 1, 1999.

19         Section 11.  In order to implement Specific

20  Appropriation 117 of the 1998-1999 General Appropriations Act,

21  paragraph (a) of subsection (4) of section 236.081, Florida

22  Statutes, is amended to read:

23         236.081  Funds for operation of schools.--If the annual

24  allocation from the Florida Education Finance Program to each

25  district for operation of schools is not determined in the

26  annual appropriations act or the substantive bill implementing

27  the annual appropriations act, it shall be determined as

28  follows:

29         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

30  EFFORT.--The Legislature shall prescribe the aggregate

31  required local effort for all school districts collectively as

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  1  an item in the General Appropriations Act for each fiscal

  2  year. The amount that each district shall provide annually

  3  toward the cost of the Florida Education Finance Program for

  4  kindergarten through grade 12 programs shall be calculated as

  5  follows:

  6         (a)  Estimated taxable value calculations.--

  7         1.a.  Not later than 2 working days prior to July 19,

  8  the Department of Revenue shall certify to the Commissioner of

  9  Education its most recent estimate of the taxable value for

10  school purposes in each school district and the total for all

11  school districts in the state for the current calendar year

12  based on the latest available data obtained from the local

13  property appraisers. Not later than July 19, the commissioner

14  shall compute a millage rate, rounded to the next highest one

15  one-thousandth of a mill, which, when applied to 95 percent of

16  the estimated state total taxable value for school purposes,

17  would generate the prescribed aggregate required local effort

18  for that year for all districts. The commissioner shall

19  certify to each district school board the millage rate,

20  computed as prescribed in this subparagraph, as the minimum

21  millage rate necessary to provide the district required local

22  effort for that year.

23         b.  For the 1998-1999 1997-1998 fiscal year only, the

24  General Appropriations Act may direct the computation of the

25  statewide adjusted aggregate amount for required local effort

26  for all school districts collectively from ad valorem taxes to

27  ensure that no school district's revenue from required local

28  effort millage will produce more than 90 percent of the

29  district's total Florida Education Finance Program

30  calculation, and the adjustment of the required local effort

31  millage rate of each district that produces more than 90

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  1  percent of its total Florida Education Finance Program

  2  entitlement to a level that will produce only 90 percent of

  3  its total Florida Education Finance Program entitlement.  This

  4  sub-subparagraph expires is repealed on July 1, 1999 1998,

  5  unless enacted in other legislation.

  6         2.  As revised data are received from property

  7  appraisers, the Department of Revenue shall amend the

  8  certification of the estimate of the taxable value for school

  9  purposes.  The Commissioner of Education, in administering the

10  provisions of subparagraph (10)(a)2., shall use the most

11  recent taxable value for the appropriate year.

12         Section 12.  The funds provided in the 1998-1999

13  General Appropriations Act for workforce development shall be

14  initially allocated to the school district or community

15  college as designated. If, for any reason, a program in whole

16  or in part is moved from a community college to a school

17  district or moved from a school district to a community

18  college, the Commissioner of Education or the Executive

19  Director, Division of Community Colleges, shall submit a

20  budget amendment pursuant to chapter 216, Florida Statutes, to

21  transfer the appropriate amount of the 1998-1999 appropriation

22  between the affected district and community college. The

23  amount transferred shall be as near as practicable to the

24  actual amount appropriated for the FTE funded for that

25  program. This section expires July 1, 1999.

26         Section 13.  In order to implement Specific

27  Appropriations 1299 and 1302 of the 1998-1999 General

28  Appropriations Act, subsection (7) of section 212.20, Florida

29  Statutes, is amended to read:

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  1         212.20  Funds collected, disposition; additional powers

  2  of department; operational expense; refund of taxes

  3  adjudicated unconstitutionally collected.--

  4         (7)  For the 1998-1999 1997-1998 fiscal year only, the

  5  use of funds allocated to the Solid Waste Management Trust

  6  Fund shall be as provided in the General Appropriations Act.

  7  There is transferred $6 million for the surface water

  8  improvement and management program and $6 million for the

  9  aquatic weed control program from revenues provided by this

10  section.  This subsection expires July 1, 1999 1998.

11         Section 14.  In order to implement Specific

12  Appropriations 1397 and 1399 of the 1998-1999 General

13  Appropriations Act, counties receiving funds for aquatic weed

14  control programs as provided by section 212.20(7), Florida

15  Statutes, may use these funds for recycling purposes.  This

16  authorization expires June 30, 1999.

17         Section 15.  In order to implement Specific

18  Appropriations 1397 and 1399 of the 1998-1999 General

19  Appropriations Act, paragraph (a) of subsection (7) of section

20  403.7095, Florida Statutes, is amended to read:

21         403.7095  Solid waste management grant program.--

22         (7)(a)  Annual solid waste and recycling grants shall

23  be available to counties with populations of fewer than

24  100,000. The sum of $50,000 shall be available annually to

25  each eligible county from the Solid Waste Management Trust

26  Fund through June 30, 1999 1998.  These grants shall be made

27  by October 1 of each year to any county applying to the

28  department prior to August 1 of any given year.

29         Section 16.  In order to implement Specific

30  Appropriations 1397 and 1399 of the 1998-1999 General

31

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  1  Appropriations Act, subsections (8) and (9) of section

  2  403.7095, Florida Statutes, are amended to read:

  3         403.7095  Solid waste management grant program.--

  4         (8)  For fiscal year 1998-1999 1997-1998 the department

  5  shall provide counties with populations under 100,000 with at

  6  least the same level of funding they received in fiscal year

  7  1997-1998 1996-1997 for solid waste management and recycling

  8  grants.

  9         (9)  For fiscal year 1998-1999 1997-1998 the department

10  shall provide 10 percent of the total funds available after

11  the requirements of subsection (8) are met for recycling

12  grants available to all counties on a competitive basis for

13  innovative programs that meet one or more of the following

14  criteria:

15         (a)  Demonstrate advanced technologies or processes.

16         (b)  Collect and recycle nontraditional materials.

17         (c)  Demonstrate substantial improvement in program

18  cost-effectiveness and efficiency as measured against

19  statewide average costs for the same or similar programs.

20         (d)  Demonstrate transferability of technology and

21  processes used in program.

22         (e)  Demonstrate and implement multicounty or regional

23  recycling programs.

24         Section 17.  In order to implement Specific

25  Appropriation 1571M of the 1998-1999 General Appropriations

26  Act, the Department of Transportation, on behalf of the Board

27  of Trustees of the Internal Improvement Trust Fund, may sell,

28  at fair market value, the following described state real

29  property utilized by the Department of Highway Safety and

30  Motor Vehicles.

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  1         From the NW corner of Section 28, Township 22

  2         South, Range 30 East, run North 89 degrees, 21

  3         minutes, 24 seconds East, 1900 feet; thence run

  4         South 0 degrees, 38 minutes, 36 seconds East,

  5         59.45 feet for a point of beginning, said point

  6         being on the Southerly right of way line of

  7         State Highway No. 50; thence South 0 degrees,

  8         38 minutes, 36 seconds East, 525.41 feet;

  9         thence North 66 degrees, 42 minutes, 09 seconds

10         East, 390 feet more or less to the water's edge

11         of Lake Barton; thence run Northerly along the

12         water's edge of Lake Barton to the North line

13         of said Section 28; thence run South 89

14         degrees, 21 minutes, 24 seconds West along the

15         North line of said Section 28, to a 4" concrete

16         monument on the Southerly right of way line of

17         State Road No. 50, being North 89 degrees, 21

18         minutes, 24 seconds East, 2315.27 feet from the

19         NW Corner of said Section 28; thence run

20         Westerly 419.59 feet along the arc of a 0

21         degree, 44 minutes, 25 seconds curve concave to

22         the Northwesterly, (having a central angle of 3

23         degrees, 6 minutes, 22 seconds, the long chord

24         bearing South 81 degrees, 08 minutes, 37

25         seconds West 419.50 feet) to the point of

26         beginning.  All of the above described land

27         being in the NE 1/4 of the NW 1/4 of said

28         Section 28, Orange County, Florida.

29

30  Proceeds from the sale shall be deposited in the State

31  Transportation Trust Fund. The Board of Trustees of the

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  1  Internal Improvement Trust Fund shall execute and deliver a

  2  deed of conveyance for the purpose of carrying into effect a

  3  contract or agreement of sale.

  4         Section 18.  A section of this act which implements a

  5  specific appropriation or specifically identified proviso

  6  language in the 1998-1999 General Appropriations Act is void

  7  if the specific appropriation or specifically identified

  8  proviso language is vetoed.  A section of this act that

  9  implements more than one specific appropriation or more than

10  one portion of specifically identified proviso language in the

11  1998-1999 General Appropriations Act is void if all the

12  specific appropriations or portions of specifically identified

13  proviso language are vetoed.

14         Section 19.  If any other act passed during the 1998

15  Regular Session of the Legislature or any extension thereof

16  contains a provision that is substantively the same as a

17  provision in this act, but which removes or is otherwise not

18  subject to the future repeal applied to such provision by this

19  act, the Legislature intends that the provision in the other

20  act shall take precedence and shall continue to operate,

21  notwithstanding the future repeal provided by this act.

22         Section 20.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity shall not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 21.  This act shall take effect July 1, 1998,

29  or in the event this act fails to become a law until after

30  that date, it shall operate retroactively thereto.

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  2                          SENATE SUMMARY

  3    Provides implementing provisions for the 1998-1999
      General Appropriations Act.
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