House Bill 4205er

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    ENROLLED

    1998 Legislature                      HB 4205, First Engrossed



  1

  2         An act relating to implementing the 1998-1999

  3         General Appropriations Act; providing

  4         legislative intent; amending s. 61.1812, F.S.;

  5         crediting to the Child Support Incentive Trust

  6         Fund certain distributions of the state share

  7         of Temporary Assistance to Needy Families

  8         (TANF); amending s. 216.292, F.S.; authorizing

  9         the Department of Children and Family Services

10         and the Agency for Health Care Administration

11         to transfer general revenue funds between them;

12         amending s. 409.9115, F.S.; specifying how the

13         Agency for Health Care Administration shall

14         make payments for the Medicaid disproportionate

15         share program for mental health hospitals;

16         requiring the Agency for Health Care

17         Administration to use a specified

18         disproportionate share formula, specified

19         audited financial data, and a specified

20         Medicaid per diem rate in fiscal year 1998-1999

21         for qualifying hospitals; amending s. 409.9116,

22         F.S.; providing a formula for rural hospital

23         disproportionate share payments; amending s.

24         216.181, F.S.; authorizing the Department of

25         Children and Family Services and the Department

26         of Health to advance certain moneys for certain

27         contract services; directing the Agency for

28         Health Care Administration to include health

29         maintenance organization recipients in the

30         county billing for a specified purpose;

31         authorizing the Departments of Children and


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    1998 Legislature                      HB 4205, First Engrossed



  1         Family Services, Revenue, Labor and Employment

  2         Security, and Health and the Agency for Health

  3         Care Administration to transfer positions and

  4         funds to comply with the 1998-1999 General

  5         Appropriations Act or the WAGES Act; amending

  6         s. 216.181, F.S.; authorizing the Department of

  7         Children and Family Services to use certain

  8         funds for fixed capital outlay expenditures to

  9         meet certain federal standards; requiring the

10         Agency for Health Care Administration to take

11         necessary actions to ensure that expenditures

12         for Medicaid transportation do not exceed the

13         amount budgeted and to take certain steps if

14         that becomes impossible; amending s. 10, ch.

15         97-259, Laws of Florida, relating to the Legal

16         Immigrant's Temporary Income Bridge Program;

17         providing that unused program funds for the

18         current fiscal year may be used for food stamps

19         for legal immigrants who are in the

20         naturalization and citizenship process or in

21         the process of seeking an exemption thereto and

22         who are children, recipients of Supplemental

23         Security Income, or persons of a specified age;

24         amending s. 409.908, F.S.; directing the Agency

25         for Health Care Administration to implement

26         changes in the Medicaid reimbursement

27         methodology for facilities formerly known as

28         ICF/DD facilities; amending s. 216.181, F.S.;

29         authorizing the Department of Law Enforcement

30         to transfer some positions and associated

31         budget and a certain percentage of salary rate


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    1998 Legislature                      HB 4205, First Engrossed



  1         between budget entities and providing

  2         requirements with respect thereto; authorizing

  3         the Department of Law Enforcement to

  4         participate in the model career service

  5         classification and compensation system, subject

  6         to certain conditions; authorizing the

  7         Department of Law Enforcement to use certain

  8         moneys to provide meritorious-performance

  9         bonuses for employees, subject to approval;

10         authorizing the Correctional Privatization

11         Commission and the Department of Juvenile

12         Justice to make certain expenditures to defray

13         costs incurred by a municipality or county as a

14         result of opening and operating a facility of

15         the commission or the department; amending s.

16         287.064, F.S.; authorizing the Department of

17         Law Enforcement to finance, through the

18         Comptroller's consolidated major equipment

19         financing program, the purchase of certain

20         equipment, software, and services for the

21         Florida Crime Information Center; amending s.

22         376.11, F.S.; appropriating certain funds from

23         the Florida Coastal Protection Trust Fund for

24         the purpose of funding beach renourishment and

25         restoration and inlet management; amending s.

26         212.20, F.S.; providing for use of moneys

27         allocated to the Solid Waste Management Trust

28         Fund; providing for certain counties to use

29         moneys received for aquatic weed control for

30         recycling purposes; amending s. 403.7095, F.S.;

31         revising the expiration date of the solid waste


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    1998 Legislature                      HB 4205, First Engrossed



  1         management grant program; requiring a specified

  2         level of funding for counties receiving solid

  3         waste management and recycling grants;

  4         providing for allocation of funds for

  5         innovative programs to address recycling

  6         practices and procedures; authorizing the

  7         Administration Commission to approve exceptions

  8         to state personnel, payroll, and benefit rules,

  9         policies, and practices and exemptions from

10         certain statutory provisions relating to state

11         employees for a specified pilot project;

12         amending s. 110.123, F.S.; authorizing the

13         Division of State Group Insurance to continue

14         to process certain health insurance claims;

15         creating s. 110.1239, F.S.; providing

16         requirements for the funding of the state group

17         health insurance program; amending s. 259.032,

18         F.S.; authorizing the appropriation of certain

19         funds in the Conservation and Recreation Lands

20         Trust Fund for outdoor-recreation grants;

21         amending s. 373.59, F.S.; requiring release of

22         certain moneys by the Secretary of

23         Environmental Protection to water management

24         districts, upon request; amending s. 86, ch.

25         93-213, Laws of Florida; eliminating the

26         requirement for repayment of certain funds used

27         to cover startup costs for the state NPDES

28         program; amending s. 287.161, F.S.; requiring

29         the Department of Management Services to charge

30         all persons receiving transportation from the

31         executive aircraft pool a specified rate;


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    ENROLLED

    1998 Legislature                      HB 4205, First Engrossed



  1         providing for deposit and use of such fees;

  2         amending s. 15.09, F.S.; authorizing the

  3         appropriation of funds from the Public Access

  4         Data Systems Trust Fund for the operations of

  5         the Department of State; amending s. 338.251,

  6         F.S.; authorizing a loan, contingent on a

  7         specified study, from the Toll Facilities

  8         Revolving Trust Fund to the St. Lucie County

  9         Expressway Authority for purposes relating to

10         revenue-producing road projects; amending s.

11         253.034, F.S.; authorizing the Department of

12         Transportation to sell certain property

13         utilized by the Department of Highway Safety

14         and Motor Vehicles; amending s. 14.2015, F.S.;

15         establishing an economic development grant

16         program under the Office of Tourism, Trade, and

17         Economic Development; providing criteria,

18         requirements, and restrictions with respect

19         thereto; providing that the Department of

20         Highway Safety and Motor Vehicles may only

21         execute a new contract or an extension of an

22         existing contract for a motor vehicle emissions

23         testing program after a specified date; naming

24         a facility and renaming a school at the Florida

25         Agricultural and Mechanical University;

26         providing for allocation of moneys provided for

27         workforce development and providing for budget

28         amendment when a program is moved; providing

29         for future repeal of various provisions;

30         providing effect of veto of specific

31         appropriation or proviso to which implementing


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    1998 Legislature                      HB 4205, First Engrossed



  1         language refers; providing applicability to

  2         other legislation; providing severability;

  3         providing an effective date.

  4

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

  6

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

  8  the implementing and administering provisions of this act

  9  apply to the General Appropriations Act for fiscal year

10  1998-1999.

11         Section 2.  In order to implement Specific

12  Appropriations 406, 421, 2098, 2098A, and 2098B of the

13  1998-1999 General Appropriations Act, subsection (3) is added

14  to section 61.1812, Florida Statutes, to read:

15         61.1812  Child Support Incentive Trust Fund.--

16         (3)  Notwithstanding any provision of subsection (1) to

17  the contrary, for the 1998-1999 fiscal year only and exclusive

18  of those revenues collected by caseload-backlog privatization

19  efforts, in addition to incentive earnings and interest

20  earnings, 29 percent of each distribution of the state share

21  of Temporary Assistance to Needy Families (TANF) collections

22  recovered in each fiscal year by the Title IV-D agency shall

23  be credited to the trust fund. Once a total of $39.7 million

24  in the state share of Temporary Assistance to Needy Families

25  (TANF) collections has been distributed, 100 percent of any

26  additional distributions shall be credited to the trust fund.

27  This subsection is repealed on July 1, 1999.

28         Section 3.  In order to implement Specific

29  Appropriations 212 through 446A of the 1998-1999 General

30  Appropriations Act, paragraph (b) of subsection (1) of section

31  216.292, Florida Statutes, is amended to read:


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    ENROLLED

    1998 Legislature                      HB 4205, First Engrossed



  1         216.292  Appropriations nontransferable; exceptions.--

  2         (1)

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

  4  Department of Children and Family Services and the Agency for

  5  Health Care Administration may transfer general revenue funds

  6  as necessary to comply with any provision of the General

  7  Appropriations Act that requires or specifically authorizes

  8  the transfer of general revenue funds between these two

  9  agencies. This paragraph is repealed on July 1, 1999 1998.

10         Section 4.  In order to implement Specific

11  Appropriation 271 of the 1998-1999 General Appropriations Act,

12  subsection (3) of section 409.9115, Florida Statutes, is

13  amended to read:

14         409.9115  Disproportionate share program for mental

15  health hospitals.--The Agency for Health Care Administration

16  shall design and implement a system of making mental health

17  disproportionate share payments to hospitals that qualify for

18  disproportionate share payments under s. 409.911. This system

19  of payments shall conform with federal requirements and shall

20  distribute funds in each fiscal year for which an

21  appropriation is made by making quarterly Medicaid payments.

22  Notwithstanding s. 409.915, counties are exempt from

23  contributing toward the cost of this special reimbursement for

24  patients.

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

26  Agency for Health Care Administration shall make payments for

27  the Medicaid disproportionate share program for mental health

28  hospitals on a monthly basis. If the amounts appropriated for

29  the Medicaid disproportionate share program for mental health

30  hospitals are increased or decreased during the fiscal year

31  pursuant to the requirements of chapter 216, the required


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  1  adjustment shall be prorated over the remaining payment

  2  periods. This subsection is repealed on July 1, 1999 1998.

  3         Section 5.  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 is repealed on July 1, 1999.

11         Section 6.  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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    1998 Legislature                      HB 4205, First Engrossed



  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 is repealed on July 1, 1999 1998.

  2         Section 7.  In order to implement Specific

  3  Appropriations 293 through 446A and 466 through 555 of the

  4  1998-1999 General Appropriations Act, paragraph (c) of

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

  6  amended to read:

  7         216.181  Approved budgets for operations and fixed

  8  capital outlay.--

  9         (15)

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

11  funds appropriated to the Department of Children and Family

12  Services in Specific Appropriations 293 272 through 446A 403

13  and the Department of Health in Specific Appropriations 466

14  426 through 555 511A of the 1998-1999 1997-1998 General

15  Appropriations Act may be advanced, unless specifically

16  prohibited in such General Appropriations Act, for those

17  contracted services that were approved for advancement by the

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

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

20  paragraph is repealed on July 1, 1999 1998.

21         Section 8.  In order to implement Specific

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

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

24  Care Administration shall include health maintenance

25  organization recipients in the county billing for inpatient

26  hospital stays for the purpose of shared costs with counties

27  in accordance with the Florida Statutes. This section is

28  repealed on July 1, 1999.

29         Section 9.  For the 1998-1999 fiscal year only, the

30  Departments of Children and Family Services, Revenue, Labor

31  and Employment Security, and Health and the Agency for Health


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  1  Care Administration may transfer positions and general revenue

  2  funds as necessary to comply with any provision of the

  3  1998-1999 General Appropriations Act or WAGES Act which

  4  requires or specifically authorizes the transfer of positions

  5  and general revenue funds between these agencies. This section

  6  is repealed on July 1, 1999.

  7         Section 10.  In order to implement Specific

  8  Appropriations 440 through 445 of the 1998-1999 General

  9  Appropriations Act, subsection (16) is added to section

10  216.181, Florida Statutes, to read:

11         216.181  Approved budgets for operations and fixed

12  capital outlay.--

13         (16)  Notwithstanding any provision of this section to

14  the contrary and for the 1998-1999 fiscal year only, the

15  Department of Children and Family Services is authorized to

16  use operating funds budgeted for Developmental Services

17  Institutions for fixed capital outlay expenditures as needed

18  to bring any currently unlicensed beds up to Federal

19  Intermediate Care Facility for the Developmentally Disabled

20  licensure standards. This subsection is repealed on July 1,

21  1999.

22         Section 11.  In order to implement Specific

23  Appropriation 258 of the 1998-1999 General Appropriations Act,

24  the Agency for Health Care Administration shall take any

25  necessary lawfully authorized action to ensure that total

26  expenditures for Medicaid transportation remain within the

27  amount budgeted in the 1998-1999 General Appropriations Act.

28  In the event that the agency finds that it is impossible to

29  constrain Medicaid transportation expenditures to within the

30  budgeted amount, it shall notify the Legislature of this and

31  provide suggestions for statutory revisions necessary to


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  1  alleviate future deficits as well as a description of all

  2  action taken under its current authority. This section is

  3  repealed on July 1, 1999.

  4         Section 12.  In order to implement section 15 of the

  5  1998-1999 General Appropriations Act, section 10 of chapter

  6  97-259, Laws of Florida, is amended to read:

  7         Section 10.  Notwithstanding the proviso language

  8  following Specific Appropriation 1499A of the 1997-1998

  9  General Appropriations Act, funds are provided to establish

10  and implement a Legal Immigrant's Temporary Income Bridge

11  Program. The program shall be administered by the Department

12  of Children and Family Services. The program will provide

13  temporary food stamp income assistance to legal immigrants who

14  have lost will lose their eligibility for benefits while they

15  are awaiting completion of the citizenship process; or an

16  exemption thereto. All relevant state agencies are instructed

17  to cooperate with the Department of Children and Family

18  Services to implement this program.

19         (1)  The program shall be designed to provide temporary

20  income assistance to legal immigrants who have lost their

21  eligibility for federal benefits and meet one or more of the

22  following criteria:,

23         (a)  Were 65 years of age or older at the time their

24  eligibility for federal benefits ceased;,

25         (b)  Were in receipt of Supplemental Security Income at

26  the time their eligibility for federal benefits ceased; or

27         (c)  Met and continue to meet the definition of a child

28  under federal food stamp law at the time their eligibility for

29  federal benefits ceased.

30         (2)  In addition to the criteria in subsection (1),

31  eligibility for assistance requires that each individual:


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  1         (a)  Was a resident who were residents of the State of

  2  Florida prior to February 1, 1997; who,

  3         (b)  After August 1, 1997, under the Federal Personal

  4  Responsibility and Work Opportunity Reconciliation Act of

  5  1996, became have become ineligible for federal benefits,

  6  specifically Supplemental Security Income (SSI) and/or food

  7  stamp benefits; who

  8         (c)  Will be screened to verify that there exists no

  9  other sustainable means of support or assistance to make up

10  for these lost benefits; and who

11         (d)  Can demonstrate that he or she is they are engaged

12  in the process of becoming a United States citizen citizens or

13  is are seeking an exemption thereto. The total amount of

14  temporary income assistance provided to an adult individual

15  shall not exceed the Supplemental Security Income (SSI) and/or

16  food stamp stamps benefits for which he or she has they have

17  become ineligible. The department shall use the maximum

18  federal food stamp benefit allowable for a family of four to

19  determine the per-person benefit amount to be used for

20  children. The department shall give priority to dually

21  eligible persons, disabled persons, and persons who as a

22  direct result of losing their federal benefits may lose their

23  housing, including long-term-care facilities.

24         (2)  The Department of Children and Family Services'

25  total administrative charges for this program shall not exceed

26  2 1 percent of the funds provided. Total administrative

27  charges for contracted service providers for this program

28  shall not exceed 3 percent of the funds provided in each

29  service contract.

30         (3)  If the United States Congress acts to reinstate

31  benefit eligibility to those noncitizens who lost eligibility


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  1  under the Federal Personal Responsibility and Work Opportunity

  2  Reconciliation Act of 1996, only those direct assistance and

  3  administrative dollars that were spent prior to reinstatement

  4  becoming effective are provided in this specific appropriation

  5  extend the implementation date of portions of the Federal

  6  Personal Responsibility and Work Opportunity Reconciliation

  7  Act of 1996 which apply to noncitizens in order to allow

  8  states to prepare for said Act, no funds provided in this

  9  specific appropriation will be expended.

10         Section 13.  In order to implement Specific

11  Appropriation 243 of the 1998-1999 General Appropriations Act,

12  subsection (22) is added to section 409.908, Florida Statutes,

13  to read:

14         409.908  Reimbursement of Medicaid providers.--Subject

15  to specific appropriations, the agency shall reimburse

16  Medicaid providers, in accordance with state and federal law,

17  according to methodologies set forth in the rules of the

18  agency and in policy manuals and handbooks incorporated by

19  reference therein.  These methodologies may include fee

20  schedules, reimbursement methods based on cost reporting,

21  negotiated fees, competitive bidding pursuant to s. 287.057,

22  and other mechanisms the agency considers efficient and

23  effective for purchasing services or goods on behalf of

24  recipients.  Payment for Medicaid compensable services made on

25  behalf of Medicaid eligible persons is subject to the

26  availability of moneys and any limitations or directions

27  provided for in the General Appropriations Act or chapter 216.

28  Further, nothing in this section shall be construed to prevent

29  or limit the agency from adjusting fees, reimbursement rates,

30  lengths of stay, number of visits, or number of services, or

31  making any other adjustments necessary to comply with the


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  1  availability of moneys and any limitations or directions

  2  provided for in the General Appropriations Act, provided the

  3  adjustment is consistent with legislative intent.

  4         (22)  The agency is directed to implement changes in

  5  the Medicaid reimbursement methodology, as soon as feasible,

  6  to contain the growth in expenditures in facilities formerly

  7  known as ICF/DD facilities. In light of the repeal of the

  8  federal Boren Amendment, the agency shall consider, but is not

  9  limited to, the following changes in methodology:

10         (a)  Reduction in the target rate of inflation.

11         (b)  Reduction in the calculation of incentive

12  payments.

13         (c)  Ceiling limitations by component of reimbursement.

14         (d)  Elimination of rebase provisions.

15         (e)  Elimination of component interim rate provisions.

16         (f)  Separate reimbursement plans for facilities that

17  are government operated versus facilities that are privately

18  owned.

19

20  The agency may contract with an independent consultant in

21  considering any changes to the reimbursement methodology for

22  these facilities. This subsection is repealed on July 1, 1999.

23         Section 14.  In order to implement Specific

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

25  General Appropriations Act, subsection (17) is added to

26  section 216.181, Florida Statutes, to read:

27         216.181  Approved budgets for operations and fixed

28  capital outlay.--

29         (17)  Notwithstanding any other provision of this

30  section to the contrary, and for the 1998-1999 fiscal year

31  only, the Florida Department of Law Enforcement may transfer


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  1  up to 20 positions and associated budget between budget

  2  entities, provided the same funding source is used throughout

  3  each transfer. The department may also transfer up to 10

  4  percent of the initial approved salary rate between budget

  5  entities, provided the same funding source is used throughout

  6  each transfer. The department must provide notice to the

  7  Executive Office of the Governor, the chair of the Senate Ways

  8  and Means Committee, and the chair of the House Committee on

  9  Criminal Justice Appropriations for all transfers of positions

10  or salary rate. This subsection is repealed on July 1, 1999.

11         Section 15.  For the purpose of implementing Specific

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

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

14  Florida Department of Law Enforcement, with approval of the

15  Executive Office of the Governor and in consultation with the

16  Department of Management Services, legislative appropriation

17  and personnel committees, and the affected certified

18  bargaining units, is authorized to participate in the model

19  career service classification and compensation system as

20  authorized by s. 334.0445, Florida Statutes, which is hereby

21  continued through June 30, 1999, for this purpose. This

22  section is repealed on July 1, 1999.

23         Section 16.  Consistent with the provisions of s.

24  216.163, Florida Statutes, in accordance with

25  performance-based program budgeting requirements, and

26  notwithstanding the provisions of s. 216.181, Florida

27  Statutes, the Florida Department of Law Enforcement may

28  transfer up to one-half of 1 percent of the funds in Specific

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

30  General Appropriations Act for lump-sum salary bonuses for

31  departmental employees at the discretion of the executive


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  1  director, provided that such bonuses are given only to

  2  selected employees for meritorious performance, instead of

  3  being given as across-the-board bonuses for all employees. The

  4  department, after consultation with the Executive Office of

  5  the Governor, shall provide a plan to the chair of the House

  6  Fiscal Responsibility Council and to the chair of the Senate

  7  Ways and Means Committee for approval before awarding such

  8  bonuses. This section is repealed on July 1, 1999.

  9         Section 17.  In order to implement Specific

10  Appropriation 589 of the 1998-1999 General Appropriations Act,

11  the Correctional Privatization Commission and the Department

12  of Juvenile Justice may expend appropriated funds to assist in

13  defraying the costs of impacts that are incurred by a

14  municipality or county and associated with opening and

15  operating a facility under the authority of the Correctional

16  Privatization Commission or a facility under the authority of

17  the Department of Juvenile Justice which is located within

18  that municipality or county. The amount that is to be paid

19  under this section for any facility may not exceed 1 percent

20  of the facility construction cost, less building impact fees

21  imposed by the municipality, or by the county if the facility

22  is located in the unincorporated portion of the county. This

23  section is repealed on July 1, 1999.

24         Section 18.  In order to implement Specific

25  Appropriation 1047 of the 1998-1999 General Appropriations

26  Act, subsection (9) is added to section 287.064, Florida

27  Statutes, to read:

28         287.064  Consolidated financing of deferred-payment

29  purchases.--

30         (9)  For the 1998-1999 fiscal year only, the Department

31  of Law Enforcement is authorized, upon approval of the


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  1  Comptroller, to finance through the Comptroller's consolidated

  2  master equipment financing program the purchase of equipment,

  3  software, application development services, support services,

  4  project management services, and system integration services

  5  for the Florida Crime Information Center. This subsection is

  6  repealed on July 1, 1999.

  7         Section 19.  In order to implement Specific

  8  Appropriation 1358 of the 1998-1999 General Appropriations

  9  Act, subsection (7) of section 376.11, Florida Statutes, is

10  amended to read:

11         376.11  Florida Coastal Protection Trust Fund.--

12         (7)  Notwithstanding subsection (4), for the 1998-1999

13  1997-1998 fiscal year only, up to $12.5 $11.5 million may be

14  appropriated from the fund for the purpose of funding

15  statewide beach renourishment, restoration, and inlet

16  management plans. This subsection is repealed on expires July

17  1, 1999 1998.

18         Section 20.  In order to implement Specific

19  Appropriations 1299A and 1302 of the 1998-1999 General

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

21  Statutes, is amended to read:

22         212.20  Funds collected, disposition; additional powers

23  of department; operational expense; refund of taxes

24  adjudicated unconstitutionally collected.--

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

26  use of funds allocated to the Solid Waste Management Trust

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

28  There is transferred $11.2 $6 million for the surface water

29  improvement and management projects program and $8 $6 million

30  for the aquatic weed control program from revenues provided by

31


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  1  this section.  This subsection is repealed on expires July 1,

  2  1999 1998.

  3         Section 21.  In order to implement Specific

  4  Appropriations 1397 and 1399 of the 1998-1999 General

  5  Appropriations Act, counties receiving funds for aquatic weed

  6  control as provided by s. 212.20(7), Florida Statutes, may use

  7  these funds for recycling purposes. This authorization expires

  8  June 30, 1999.

  9         Section 22.  In order to implement Specific

10  Appropriations 1397 and 1399 of the 1998-1999 General

11  Appropriations Act, paragraph (a) of subsection (7) and

12  subsections (8) and (9) of section 403.7095, Florida Statutes,

13  are amended to read:

14         403.7095  Solid waste management grant program.--

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

16  be available to counties with populations of fewer than

17  100,000. The sum of $50,000 shall be available annually to

18  each eligible county from the Solid Waste Management Trust

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

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

21  department prior to August 1 of any given year.

22         (8)  For fiscal year 1998-1999, 1997-1998 the

23  department shall provide counties with populations under

24  100,000 with at least 80 percent of the same level of funding

25  they received in fiscal year 1997-1998 1996-1997 for solid

26  waste management and recycling grants.

27         (9)  For fiscal year 1998-1999, 1997-1998 the

28  department shall provide 10 percent of the total funds

29  available after the requirements of subsection (8) are met for

30  recycling grants available to all counties on a competitive

31  basis for innovative programs. The department may consider


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  1  that meet one or more of the following criteria in determining

  2  whether a grant proposal is innovative:

  3         (a)  Demonstrate advanced technologies or processes.

  4         (b)  Collect and recycle nontraditional materials

  5  targeted by the department.

  6         (c)  Demonstrate substantial improvement in program

  7  cost-effectiveness and efficiency as measured against

  8  statewide average costs for the same or similar programs.

  9         (d)  Demonstrate transferability of technology and

10  processes used in program.

11         (e)  Demonstrate and implement multicounty or regional

12  recycling programs.

13         Section 23.  For the 1998-1999 fiscal year only, the

14  Administration Commission may approve exceptions to the

15  state's personnel, payroll, and benefit rules, policies, and

16  practices and may approve exemptions from:

17         (1)  Statutory provisions relating to state employment

18  in chapter 110, Florida Statutes;

19         (2)  Statutory provisions relating to state employees

20  in parts I and II of chapter 112, Florida Statutes; and

21         (3)  Salary rate and position control provisions in ss.

22  216.181, 216.251, and 216.262, Florida Statutes.

23

24  Such exceptions and exemptions may only be approved in order

25  to take advantage of or to demonstrate the best practices

26  inherent in purchased commercial off-the-shelf software for

27  human resources, payroll, and benefits and shall be granted

28  only after review and approval by those agencies whose

29  statutory responsibilities or rule requirements are affected.

30  The Administration Commission shall follow the notice, review,

31  and exception procedures set forth in s. 216.177(2), Florida


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  1  Statutes, and public employee collective bargaining agreements

  2  established pursuant to s. 447.309, Florida Statutes, prior to

  3  granting an exception or exemption. Exceptions and exemptions

  4  under this section are limited to only those organizations

  5  selected by the Florida Financial Management Information

  6  System Coordinating Council to serve as pilot sites in the

  7  proof-of-concept pilot project authorized in Specific

  8  Appropriation 1578 of the 1998-1999 General Appropriations

  9  Act. This section is repealed on July 1, 1999.

10         Section 24.  In order to implement Specific

11  Appropriation 1579 of the 1998-1999 General Appropriations

12  Act, paragraph (i) is added to subsection (5) of section

13  110.123, Florida Statutes, to read:

14         110.123  State group insurance program.--

15         (5)  DIVISION OF STATE GROUP INSURANCE; POWERS AND

16  DUTIES.--The division is responsible for the administration of

17  the state group insurance program.  The division shall

18  initiate and supervise the program as established by this

19  section and shall adopt such rules as are necessary to perform

20  its responsibilities.  To implement this program, the division

21  shall, with prior approval by the Legislature:

22         (i)  Beginning November 1, 1998, and for the 1998-1999

23  fiscal year only, continue to process health insurance claims

24  for the 1996 and 1997 calendar years, subject to the review

25  and approval process provided in s. 216.177. This paragraph is

26  repealed on July 1, 1999.

27

28  Final decisions concerning the existence of coverage or

29  benefits under the state group health insurance plan shall not

30  be delegated or deemed to have been delegated by the division.

31


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  1         Section 25.  In order to implement Specific

  2  Appropriation 1579 of the 1998-1999 General Appropriations

  3  Act, section 110.1239, Florida Statutes, is created to read:

  4         110.1239  State group health insurance program

  5  funding.--For the 1998-1999 fiscal year only, it is the intent

  6  of the Legislature that the state group health insurance

  7  program be managed, administered, operated, and funded in such

  8  a manner as to maximize the protection of state employee

  9  health insurance benefits. Inherent in this intent is the

10  recognition that the health insurance liabilities attributable

11  to the benefits offered state employees should be fairly,

12  orderly, and equitably funded. Accordingly:

13         (1)  The division shall determine the level of premiums

14  necessary to fully fund the state group health insurance

15  program for the next fiscal year. Such determination shall be

16  made after each revenue estimating conference on health

17  insurance as provided in s. 216.136(1), but not later than

18  December 1 and April 1 of each fiscal year.

19         (2)  The Governor, in the Governor's recommended

20  budget, shall provide premium rates necessary for full funding

21  of the state group health insurance program and the

22  Legislature shall provide in the General Appropriations Act

23  for a premium level necessary for full funding of the state

24  group health insurance program.

25         (3)  For purposes of funding, any additional

26  appropriation amounts allocated to the state group health

27  insurance program by the Legislature shall be considered as a

28  state contribution and thus an increase in the state premiums.

29         (4)  This section is repealed on July 1, 1999.

30         Section 26.  In order to implement Specific

31  Appropriation 1435 of the 1998-1999 General Appropriations


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  1  Act, subsection (15) of section 259.032, Florida Statutes, is

  2  amended to read:

  3         259.032  Conservation and Recreation Lands Trust Fund;

  4  purpose.--

  5         (15)  For fiscal year 1998-1999 1997-1998 only, moneys

  6  credited to the fund may be appropriated to provide grants to

  7  qualified local governmental entities pursuant to the

  8  provisions of s. 375.075. This subsection is repealed on July

  9  1, 1999 1998.

10         Section 27.  In order to implement Specific

11  Appropriation 1318 of the 1998-1999 General Appropriations

12  Act, subsection (17) is added to section 373.59, Florida

13  Statutes, to read:

14         373.59  Water Management Lands Trust Fund.--

15         (17)  Notwithstanding any provision of this section to

16  the contrary and for the 1998-1999 fiscal year only, the

17  governing board of a water management district may request,

18  and the Secretary of Environmental Protection shall release

19  upon such request, moneys allocated to the districts pursuant

20  to subsection (8) for the purpose of carrying out the

21  provisions of ss. 373.451-373.4595. No funds may be used

22  pursuant to this subsection until necessary debt service

23  obligations and requirements for payments in lieu of taxes

24  that may be required pursuant to this section are provided

25  for. This subsection is repealed on July 1, 1999.

26         Section 28.  In order to implement Specific

27  Appropriations 1323A, 1323C, 1338, and 1338B of the 1998-1999

28  General Appropriations Act, section 86 of chapter 93-213, Laws

29  of Florida, is amended to read:

30         Section 86.  The Department of Environmental Regulation

31  is authorized 54 career service positions for administering


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  1  the state NPDES program.  Twenty-five career service positions

  2  are authorized for startup of the program beginning July 1,

  3  1993, and the remaining 29 career service positions beginning

  4  January 1, 1994.  The state NPDES program staffing shall start

  5  July 1, 1993, with completion targeted for 6 months following

  6  United States Environmental Protection Agency authorization to

  7  administer the National Pollutant Discharge Elimination System

  8  program.  Implementation of positions is subject to review and

  9  final approval by the secretary of the Department of

10  Environmental Regulation.  The sum of $3.2 million is hereby

11  appropriated from the Pollution Recovery Trust Fund to cover

12  program startup costs.  Such funds are to be repaid from a

13  fund the Legislature deems appropriate, no later than July 1,

14  2000.

15         Section 29.  In order to implement Specific

16  Appropriations 2005 through 2011 of the 1998-1999 General

17  Appropriations Act, subsection (4) is added to section

18  287.161, Florida Statutes, to read:

19         287.161  Executive aircraft pool; assignment of

20  aircraft; charge for transportation.--

21         (4)  Notwithstanding the requirements of subsections

22  (2) and (3) and for the 1998-1999 fiscal year only, the

23  Department of Management Services shall charge all persons

24  receiving transportation from the executive aircraft pool a

25  rate not less than the mileage allowance fixed by the

26  Legislature for the use of privately owned vehicles. Fees

27  collected for persons traveling by aircraft in the executive

28  aircraft pool shall be deposited into the Bureau of Aircraft

29  Trust Fund and shall be expended for costs incurred to operate

30  the aircraft management activities of the department. It is

31  the intent of the Legislature that the executive aircraft pool


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  1  be operated on a full cost recovery basis, less available

  2  funds. This subsection is repealed on July 1, 1999.

  3         Section 30.  In order to implement Specific

  4  Appropriations 2127 through 2187 of the 1998-1999 General

  5  Appropriations Act, paragraph (b) of subsection (5) of section

  6  15.09, Florida Statutes, is amended to read:

  7         15.09  Fees.--

  8         (5)

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

10  funds from the Public Access Data Systems Trust Fund may be

11  appropriated for the operations of the department.  This

12  paragraph is repealed on July 1, 1999 1998.

13         Section 31.  In order to implement Specific

14  Appropriation 1531W of the 1998-1999 General Appropriations

15  Act, paragraph (b) of subsection (1) of section 338.251,

16  Florida Statutes, is amended to read:

17         338.251  Toll Facilities Revolving Trust Fund.--The

18  Toll Facilities Revolving Trust Fund is hereby created for the

19  purpose of encouraging the development and enhancing the

20  financial feasibility of revenue-producing road projects

21  undertaken by local governmental entities in a county or

22  combination of contiguous counties.

23         (1)

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

25  to $5.3 million $500,000 may be loaned by the department to

26  the St. Lucie County Expressway Authority, contingent upon

27  approval of a traffic and revenue study, for purposes

28  described in paragraph (a). This paragraph is repealed on July

29  1, 1999 1998.

30         Section 32.  In order to implement Specific

31  Appropriation 1571L of the 1998-1999 General Appropriations


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  1  Act, subsection (9) is added to section 253.034, Florida

  2  Statutes, to read:

  3         253.034  State-owned lands; uses.--

  4         (9)  Notwithstanding any provision of this section or

  5  s. 253.111 to the contrary, the Department of Transportation

  6  may sell, at fair market value, the following described state

  7  real property utilized by the Department of Highway Safety and

  8  Motor Vehicles:

  9

10         From the NW Corner of Section 28 Township 22

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

12         minutes 24 seconds East 1900 feet; thence run

13         South 0 degrees 38 minutes 36 seconds East

14         59.45 feet for a point of beginning, said point

15         being on the Southerly right of way line of

16         State Highway No. 50; thence South 0 degrees 38

17         minutes 36 seconds East 525.41 feet; thence

18         North 66 degrees 42 minutes 09 seconds East 390

19         feet more or less to the waters edge of Lake

20         Barton; thence run Northerly along the waters

21         edge of Lake Barton to the North line of said

22         Section 28; thence run South 89 degrees 21

23         minutes 24 seconds West along the North line of

24         said Section 28, to a 4" concrete monument on

25         the Southerly right of way line of State Road

26         No. 50, being North 89 degrees 21 minutes 24

27         seconds East 2315.27 feet from the NW Corner of

28         said Section 28; thence run Westerly 419.59

29         feet along the arc of a 0 degree 44 minutes 25

30         seconds curve concave to the Northwesterly,

31         (having a central angle of 3 degrees 6 minutes


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  1         22 seconds, the long chord bearing South 81

  2         degrees 08 minutes 37 seconds West 419.50 feet)

  3         to the point of beginning. All of the above

  4         described land being in the NE 1/4 of the NW

  5         1/4 of said Section 28, Orange County, Florida.

  6

  7  Proceeds from the sale shall be deposited in the State

  8  Transportation Trust Fund. The Board of Trustees of the

  9  Internal Improvement Trust Fund shall execute and deliver a

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

11  contract or agreement of sale. This subsection is repealed on

12  July 1, 1999.

13         Section 33.  In order to implement Specific

14  Appropriation 1738B of the 1998-1999 General Appropriations

15  Act, subsection (9) is added to section 14.2015, Florida

16  Statutes, to read:

17         14.2015  Office of Tourism, Trade, and Economic

18  Development; creation; powers and duties.--

19         (9)(a)  Subject to the cooperative recommendations of

20  Enterprise Florida, Inc., and the Florida Commission on

21  Tourism and also to the approval of the Governor, the Office

22  of Tourism, Trade, and Economic Development is authorized to

23  expend appropriated state and federal funds for general

24  economic development grants. The office shall establish

25  criteria for the award of grants, including criteria relating

26  to highest economic return for the state as a whole, or a

27  particular region, county, city, or community, ability to

28  properly administer grant funds, and such other matters deemed

29  necessary and appropriate to further the purposes of this

30  subsection. The office shall expend all funds in accordance

31


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  1  with state law and shall use such appropriations to supplement

  2  the financial support of:

  3         1.  Programs that have a substantial economic

  4  significance, giving emphasis to programs that benefit the

  5  state as a whole.

  6         2.  Programs with a high potential for match funding

  7  from nonstate sources.

  8         3.  Economic development programs for which no other

  9  state grants are available.

10         4.  Rural areas and distressed urban areas.

11         (b)  Grants shall be made by contract with any

12  nonprofit corporation or local or state governmental entity.

13  Of the total amount of funds available from all sources for

14  grants, 70 percent of such funds shall be awarded on a

15  50-percent matching basis. Up to 30 percent of such funds

16  available may be awarded on a nonmatching basis.

17         (c)  In administering grants, contracts, and funds

18  appropriated for economic development programs, the office may

19  release moneys in advance on a quarterly basis. By the end of

20  the contract period, the grantee or contractee shall furnish

21  to the office a complete and accurate accounting of how all

22  grant funds were expended. Postaudits to be conducted by an

23  independent certified public accountant may be required in

24  accordance with criteria adopted by the office.

25         (d)  The office shall not award any new grant which

26  will, in whole or in part, inure to the personal benefit of

27  any board member of Enterprise Florida, Inc., or the Florida

28  Commission on Tourism during that member's term of office, if

29  the board member participated in the vote of the board or

30  panel thereof recommending the award. However, this subsection

31


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  1  does not prohibit the office from awarding a grant to an

  2  entity with which a board member is associated.

  3         (e)  This subsection is repealed on July 1, 1999.

  4         Section 34.  In implementing Specific Appropriations

  5  1767 through 1778 of the 1998-1999 General Appropriations Act,

  6  the Department of Highway Safety and Motor Vehicles may only

  7  execute a new contract or an extension of an existing contract

  8  for a motor vehicle emissions testing program after May 31,

  9  1999. This section is repealed on July 1, 1999.

10         Section 35.  In order to implement Specific

11  Appropriation 52 of the 1998-1999 General Appropriations Act,

12  the facility built to house the School of Business and

13  Industry at the Florida Agricultural and Mechanical University

14  is hereby named after Sybil C. Mobley and the School of

15  Business and Industry at the Florida Agricultural and

16  Mechanical University is hereby renamed the Sybil C. Mobley

17  School of Business and Industry. This section is repealed on

18  July 1, 1999.

19         Section 36.  The funds provided in the 1998-1999

20  General Appropriations Act for workforce development shall be

21  initially allocated to the school district or community

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

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

24  district or moved from a school district to a community

25  college, the Commissioner of Education or the executive

26  director of the Division of Community Colleges shall submit a

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

28  transfer the appropriate amount of the 1998-1999 appropriation

29  between the affected district and community college. The

30  amount transferred shall be as near as practicable to the

31


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  1  actual amount appropriated for the FTE funded for that

  2  program. This section is repealed on July 1, 1999.

  3         Section 37.  A section of this act that implements a

  4  specific appropriation or specifically identified proviso

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

  6  if the specific appropriation or specifically identified

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

  8  implements more than one specific appropriation or more than

  9  one portion of specifically identified proviso language in the

10  1998-1999 General Appropriations Act is void if all the

11  specific appropriations or portions of specifically identified

12  proviso language are vetoed.

13         Section 38.  If any other act passed during the 1998

14  Regular Session of the Legislature or any extension thereof

15  contains a provision which is substantively the same as a

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

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

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

19  act shall take precedence and shall continue to operate,

20  notwithstanding the future repeal provided by this act.

21         Section 39.  If any provision of this act or the

22  application thereof to any person or circumstance is held

23  invalid, the invalidity shall not affect other provisions or

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

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 40.  This act shall take effect July 1, 1998;

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

29  that date, it shall operate retroactively thereto.

30

31


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