House Bill hb0003C

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    Florida House of Representatives - 2001                 HB 3-C

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act implementing the act that provides

  3         appropriations and reductions in appropriations

  4         for the 2001-2002 state fiscal year; providing

  5         legislative intent; amending s. 16.555, F.S.;

  6         providing that moneys in the Crime Stoppers

  7         Trust Fund may be used to pay for salaries and

  8         benefits and other expenses of the Department

  9         of Legal Affairs; reenacting s. 215.32(2)(b),

10         F.S., to implement the transfer of moneys to

11         the Working Capital Fund from certain trust

12         funds; amending s. 216.023, F.S.; providing for

13         adjustments to performance measures and

14         standards for the executive and judicial

15         branches necessitated by reductions and other

16         changes to appropriations for the 2001-2002

17         state fiscal year; amending s. 257.195, F.S.;

18         suspending revenue shortfall procedures

19         applicable to appropriations for library grants

20         from state sources; amending s. 339.135, F.S.;

21         requiring adjustment of the adopted work

22         program of the Department of Transportation to

23         include certain economic stimulus projects;

24         amending s. 401.113, F.S.; providing that

25         moneys in the Emergency Medical Services Trust

26         Fund may also be used for the purpose of

27         funding the rural hospital capital improvement

28         grant program; amending s. 561.121, F.S.;

29         providing that moneys in the Children and

30         Adolescents Substance Abuse Trust Fund may also

31         be used for the purpose of funding programs

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1         directed at reducing and eliminating substance

  2         abuse problems among adults; amending s.

  3         860.158, F.S.; providing that moneys in the

  4         Florida Motor Vehicle Theft Prevention Trust

  5         Fund may be used to pay for salaries and

  6         benefits and other expenses of the Department

  7         of Legal Affairs; providing effect of veto of

  8         specific appropriation or proviso to which

  9         implementing language refers; providing

10         applicability to other legislation; providing

11         severability; providing an effective date.

12

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

14

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

16  the implementing and administering provisions of this act

17  apply to the act making appropriations and reductions in

18  appropriations for the 2001-2002 state fiscal year.

19         Section 2.  In order to implement Specific

20  Appropriation 428 of the act making appropriations and

21  reductions in appropriations for the 2001-2002 state fiscal

22  year, subsection (3) of section 16.555, Florida Statutes, is

23  amended to read:

24         16.555  Crime Stoppers Trust Fund; rulemaking.--

25         (3)(a)  The department shall establish a trust fund for

26  the purpose of grant administration to fund Crime Stoppers and

27  their crime fighting programs within the units of a local

28  government of the state.

29         (b)  For the 2001-2002 state fiscal year only, and

30  notwithstanding any provision of this section to the contrary,

31  moneys in the trust fund may also be used to pay for salaries

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  and benefits and other expenses of the department.  This

  2  paragraph expires July 1, 2002.

  3         Section 3.  In order to implement the transfer of

  4  moneys to the Working Capital Fund from trust funds, paragraph

  5  (b) of subsection (2) of section 215.32, Florida Statutes, is

  6  reenacted to read:

  7         215.32  State funds; segregation.--

  8         (2)  The source and use of each of these funds shall be

  9  as follows:

10         (b)1.  The trust funds shall consist of moneys received

11  by the state which under law or under trust agreement are

12  segregated for a purpose authorized by law.  The state agency

13  or branch of state government receiving or collecting such

14  moneys shall be responsible for their proper expenditure as

15  provided by law.  Upon the request of the state agency or

16  branch of state government responsible for the administration

17  of the trust fund, the Comptroller may establish accounts

18  within the trust fund at a level considered necessary for

19  proper accountability. Once an account is established within a

20  trust fund, the Comptroller may authorize payment from that

21  account only upon determining that there is sufficient cash

22  and releases at the level of the account.

23         2.  In order to maintain a minimum number of trust

24  funds in the State Treasury, each state agency or the judicial

25  branch may consolidate, if permitted under the terms and

26  conditions of their receipt, the trust funds administered by

27  it; provided, however, the agency or judicial branch employs

28  effectively a uniform system of accounts sufficient to

29  preserve the integrity of such trust funds; and provided,

30  further, that consolidation of trust funds is approved by the

31  Governor or the Chief Justice.

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1         3.  All such moneys are hereby appropriated to be

  2  expended in accordance with the law or trust agreement under

  3  which they were received, subject always to the provisions of

  4  chapter 216 relating to the appropriation of funds and to the

  5  applicable laws relating to the deposit or expenditure of

  6  moneys in the State Treasury.

  7         4.a.  Notwithstanding any provision of law restricting

  8  the use of trust funds to specific purposes, unappropriated

  9  cash balances from selected trust funds may be authorized by

10  the Legislature for transfer to the Budget Stabilization Fund

11  and Working Capital Fund in the General Appropriations Act.

12         b.  This subparagraph does not apply to trust funds

13  required by federal programs or mandates; trust funds

14  established for bond covenants, indentures, or resolutions

15  whose revenues are legally pledged by the state or public body

16  to meet debt service or other financial requirements of any

17  debt obligations of the state or any public body; the State

18  Transportation Trust Fund; the trust fund containing the net

19  annual proceeds from the Florida Education Lotteries; the

20  Florida Retirement System Trust Fund; trust funds under the

21  management of the Board of Regents, where such trust funds are

22  for auxiliary enterprises, self-insurance, and contracts,

23  grants, and donations, as those terms are defined by general

24  law; trust funds that serve as clearing funds or accounts for

25  the Comptroller or state agencies; trust funds that account

26  for assets held by the state in a trustee capacity as an agent

27  or fiduciary for individuals, private organizations, or other

28  governmental units; and other trust funds authorized by the

29  State Constitution.

30         Section 4.  In order to implement the act making

31  appropriations and reductions in appropriations for the

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  2001-2002 state fiscal year, subsection (14) is added to

  2  section 216.023, Florida Statutes, to read:

  3         216.023  Legislative budget requests to be furnished to

  4  Legislature by agencies.--

  5         (7)  Annually, by June 30, executive agencies shall

  6  submit to the Executive Office of the Governor adjustments to

  7  their performance standards based on the amounts appropriated

  8  for each program by the Legislature. When such an adjustment

  9  is made, all performance standards, including any adjustments

10  made, shall be reviewed and revised as necessary by the

11  Executive Office of the Governor and, upon approval, submitted

12  to the Legislature pursuant to the review and approval process

13  provided in s. 216.177. The Senate Committee on Fiscal Policy

14  and the House of Representatives Fiscal Responsibility Council

15  shall advise Senate substantive committees and House of

16  Representatives substantive committees, respectively, of all

17  adjustments made to performance standards or measures. The

18  Executive Office of the Governor shall maintain both the

19  official record of adjustments to the performance standards as

20  part of the agency's approved operating budget and the

21  official performance ledger. As used in this section,

22  "performance ledger" means the official compilation of

23  information about state agency performance-based programs and

24  measures, including approved programs, approved outputs and

25  outcomes, baseline data, approved standards for each

26  performance measure and any approved adjustments thereto, as

27  well as actual agency performance for each measure.

28         (9)  Annually, by June 30, the judicial branch shall

29  make adjustments to any performance standards for approved

30  programs based on the amount appropriated for each program,

31  which shall be submitted to the Legislature pursuant to the

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  notice and review process provided in s. 216.177. The Senate

  2  Committee on Fiscal Policy and the House Fiscal Responsibility

  3  Council shall advise Senate substantive committees and House

  4  substantive committees, respectively, of all adjustments made

  5  to performance standards or measures.

  6         (14)(a)  By January 15, 2002, executive agencies must

  7  submit to the Executive Office of the Governor adjustments to

  8  their performance measures and standards necessitated by

  9  reductions and other changes to appropriations made by the

10  Legislature for the 2001-2002 state fiscal year for each

11  program.  Review, revision, and approval of such adjustments

12  shall be conducted pursuant to the requirements of subsection

13  (7).

14         (b)  By January 15, 2002, the judicial branch must make

15  adjustments to any performance measures and standards

16  necessitated by reductions and other changes to appropriations

17  made by the Legislature for the 2001-2002 state fiscal year

18  for each program. Review, revision, and approval of such

19  adjustments shall be conducted pursuant to the requirements of

20  subsection (9).

21         (c)  This subsection expires July 1, 2002.

22         Section 5.  In order to implement Specific

23  Appropriations 773-773A of the act making appropriations and

24  reductions in appropriations for the 2001-2002 state fiscal

25  year, section 257.195, Florida Statutes, is amended to read:

26         257.195  Revenue shortfalls; procedures.--

27         (1)  In the event of revenue shortfalls which

28  necessitate budget reductions during any fiscal year, the

29  total appropriation for library grants from state sources

30  shall have the same ratable reduction as that applied to the

31  operating funds of the Division of Library and Information

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  Services or such reduction shall be at the discretion of the

  2  Secretary of State.

  3         (2)  For the 2001-2002 state fiscal year only, the

  4  provisions of subsection (1) are suspended.  This subsection

  5  expires July 1, 2002.

  6         Section 6.  In order to implement Specific

  7  Appropriations 580-585 of the act making appropriations and

  8  reductions in appropriations for the 2001-2002 state fiscal

  9  year, paragraph (g) is added to subsection (7) of section

10  339.135, Florida Statutes, to read:

11         339.135  Work program; legislative budget request;

12  definitions; preparation, adoption, execution, and

13  amendment.--

14         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

15         (g)  For the 2001-2002 state fiscal year only, and

16  notwithstanding the provisions of paragraphs (b)-(f), the

17  adopted work program shall be adjusted to include projects

18  approved as economic stimulus projects resulting from

19  additional appropriations made by House Bill ___-C, 2001

20  Special Session C, or similar legislation enacted at the same

21  legislative session or an extension thereof.  This paragraph

22  expires July 1, 2002.

23         Section 7.  In order to implement Specific

24  Appropriation 235 of the act making appropriations and

25  reductions in appropriations for the 2001-2002 state fiscal

26  year, subsection (4) is added to section 401.113, Florida

27  Statutes, to read:

28         401.113  Department; powers and duties.--

29         (4)  For the 2001-2002 state fiscal year only, and

30  notwithstanding the provisions of subsections (1) and (2),

31  moneys in the Emergency Medical Services Trust Fund may also

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  be used for the purpose of funding the rural hospital capital

  2  improvement grant program in accordance with the provisions of

  3  s. 395.6061.  This subsection expires July 1, 2002.

  4         Section 8.  In order to implement Specific

  5  Appropriations 194-195A of the act making appropriations and

  6  reductions in appropriations for the 2001-2002 state fiscal

  7  year, subsection (4) of section 561.121, Florida Statutes, is

  8  amended to read:

  9         561.121  Deposit of revenue.--

10         (4)(a)  State funds collected pursuant to s. 561.501

11  shall be paid into the State Treasury and credited to the

12  following accounts:

13         1.(a)  Twenty-seven and two-tenths percent of the

14  surcharge on the sale of alcoholic beverages for consumption

15  on premises shall be transferred to the Children and

16  Adolescents Substance Abuse Trust Fund, which shall remain

17  with the Department of Children and Family Services for the

18  purpose of funding programs directed at reducing and

19  eliminating substance abuse problems among children and

20  adolescents.

21         2.(b)  The remainder of collections shall be credited

22  to the General Revenue Fund.

23         (b)  For the 2001-2002 state fiscal year only, and

24  notwithstanding the provisions of subparagraph (a)1., moneys

25  in the Children and Adolescents Substance Abuse Trust Fund may

26  also be used for the purpose of funding programs directed at

27  reducing and eliminating substance abuse problems among

28  adults.  This paragraph expires July 1, 2002.

29         Section 9.  In order to implement Specific

30  Appropriation 428 of the act making appropriations and

31  reductions in appropriations for the 2001-2002 state fiscal

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1  year, paragraph (c) is added to subsection (2) of section

  2  860.158, Florida Statutes, to read:

  3         860.158  Florida Motor Vehicle Theft Prevention Trust

  4  Fund.--

  5         (2)  Money in the trust fund shall be expended as

  6  follows:

  7         (c)  For the 2001-2002 state fiscal year only, and

  8  notwithstanding any provision of this section or s. 320.08046

  9  to the contrary, to pay for salaries and benefits and other

10  expenses of the Department of Legal Affairs.  This paragraph

11  expires July 1, 2002.

12         Section 10.  A section of this act that implements a

13  specific appropriation or specifically identified proviso

14  language in the act making appropriations and reductions in

15  appropriations for the 2001-2002 state fiscal year is void if

16  the specific appropriation or specifically identified proviso

17  language is vetoed.  A section of this act that implements

18  more than one specific appropriation or more than one portion

19  of specifically identified proviso language in the act making

20  appropriations and reductions in appropriations for the

21  2001-2002 state fiscal year is void if all the specific

22  appropriations or portions of specifically identified proviso

23  language are vetoed.

24         Section 11.  If any other act passed during the 2001

25  Special Session C of the Legislature or any extension thereof

26  contains a provision that is substantively the same as a

27  provision in this act, but that removes or is otherwise not

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

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

30  act shall take precedence and shall continue to operate,

31  notwithstanding the future repeal provided by this act.

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    Florida House of Representatives - 2001                 HB 3-C

    574-186-01C






  1         Section 12.  If any provision of this act or its

  2  application to any person or circumstance is held invalid, the

  3  invalidity shall not affect other provisions or applications

  4  of the act which can be given effect without the invalid

  5  provision or application, and to this end the provisions of

  6  this act are declared severable.

  7         Section 13.  This act shall take effect upon becoming a

  8  law.

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11                          HOUSE SUMMARY

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      Implements the act that provides appropriations and
13    reductions in appropriations for the 2001-2002 state
      fiscal year.
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