CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 4-C, 1st Eng.
    Amendment No. ___   Barcode 235844
                            CHAMBER ACTION
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11  The Conference Committee on CS for SB 4-C, 1st Eng.
12  recommended the following amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  It is the intent of the Legislature that
19  the implementing and administering provisions of this act
20  apply to the act making appropriations and reductions in
21  appropriations for the 2001-2002 state fiscal year.
22         Section 2.  In order to implement reductions and other
23  changes in appropriations for the 2001-2002 fiscal year made
24  by Senate Bill 2-C, subsection (14) is added to section
25  216.023, Florida Statutes, to read:
26         216.023  Legislative budget requests to be furnished to
27  Legislature by agencies.--
28         (14)  For the 2001-2002 fiscal year only:
29         (a)  By January 15, 2002, executive agencies shall
30  submit to the Executive Office of the Governor adjustments to
31  their performance measures and standards necessitated by
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CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 reductions and other changes by the Legislature to 2001-2002 2 appropriations. Review, revision, and approval of such 3 adjustments shall be conducted pursuant to the requirements of 4 subsection (7). 5 (b) By January 15, 2002, the judicial branch shall 6 make adjustments to any performance measures and standards 7 necessitated by reductions and other changes by the 8 Legislature to 2001-2002 appropriations. Review, revision, and 9 approval of such adjustments shall be conducted pursuant to 10 the requirements of subsection (9). 11 12 This subsection expires July 1, 2002. 13 Section 3. In order to implement the transfer of 14 moneys to the Working Capital Fund from trust funds, paragraph 15 (b) of subsection (2) of section 215.32, Florida Statutes, is 16 reenacted to read: 17 215.32 State funds; segregation.-- 18 (2) The source and use of each of these funds shall be 19 as follows: 20 (b)1. The trust funds shall consist of moneys received 21 by the state which under law or under trust agreement are 22 segregated for a purpose authorized by law. The state agency 23 or branch of state government receiving or collecting such 24 moneys shall be responsible for their proper expenditure as 25 provided by law. Upon the request of the state agency or 26 branch of state government responsible for the administration 27 of the trust fund, the Comptroller may establish accounts 28 within the trust fund at a level considered necessary for 29 proper accountability. Once an account is established within a 30 trust fund, the Comptroller may authorize payment from that 31 account only upon determining that there is sufficient cash 2 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 and releases at the level of the account. 2 2. In order to maintain a minimum number of trust 3 funds in the State Treasury, each state agency or the judicial 4 branch may consolidate, if permitted under the terms and 5 conditions of their receipt, the trust funds administered by 6 it; provided, however, the agency or judicial branch employs 7 effectively a uniform system of accounts sufficient to 8 preserve the integrity of such trust funds; and provided, 9 further, that consolidation of trust funds is approved by the 10 Governor or the Chief Justice. 11 3. All such moneys are hereby appropriated to be 12 expended in accordance with the law or trust agreement under 13 which they were received, subject always to the provisions of 14 chapter 216 relating to the appropriation of funds and to the 15 applicable laws relating to the deposit or expenditure of 16 moneys in the State Treasury. 17 4.a. Notwithstanding any provision of law restricting 18 the use of trust funds to specific purposes, unappropriated 19 cash balances from selected trust funds may be authorized by 20 the Legislature for transfer to the Budget Stabilization Fund 21 and Working Capital Fund in the General Appropriations Act. 22 b. This subparagraph does not apply to trust funds 23 required by federal programs or mandates; trust funds 24 established for bond covenants, indentures, or resolutions 25 whose revenues are legally pledged by the state or public body 26 to meet debt service or other financial requirements of any 27 debt obligations of the state or any public body; the State 28 Transportation Trust Fund; the trust fund containing the net 29 annual proceeds from the Florida Education Lotteries; the 30 Florida Retirement System Trust Fund; trust funds under the 31 management of the Board of Regents, where such trust funds are 3 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 for auxiliary enterprises, self-insurance, and contracts, 2 grants, and donations, as those terms are defined by general 3 law; trust funds that serve as clearing funds or accounts for 4 the Comptroller or state agencies; trust funds that account 5 for assets held by the state in a trustee capacity as an agent 6 or fiduciary for individuals, private organizations, or other 7 governmental units; and other trust funds authorized by the 8 State Constitution. 9 Section 4. In order to implement section 18 of Senate 10 Bill 2-C, paragraph (c) is added to subsection (4) of section 11 561.121, Florida Statutes, to read: 12 561.121 Deposit of revenue.-- 13 (4) State funds collected pursuant to s. 561.501 shall 14 be paid into the State Treasury and credited to the following 15 accounts: 16 (c) Notwithstanding paragraph (a), the Legislature may 17 authorize the Department of Children and Family Services to 18 transfer moneys in the Children and Adolescents Substance 19 Abuse Trust Fund to the Administrative Trust Fund, as provided 20 in Senate Bill 2-C. This paragraph expires July 1, 2002. 21 Section 5. In order to implement Specific 22 Appropriation 189B of Senate Bill 2-C, the authority granted 23 by section 28 of chapter 2000-171, Laws of Florida, to the 24 Correctional Privatization Commission and to the Department of 25 Children and Family Services relative to the construction and 26 operation of a 600-bed treatment facility for the Sexually 27 Violent Predator Program is rescinded. The Department of 28 Children and Family Services shall develop a request for 29 proposal and award a new contract for the operations of the 30 current program no later than June 30, 2002. The Department of 31 Corrections is directed to develop a plan to construct a new 4 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 major institution on property adjacent to the DeSoto 2 Correctional Institution. The plan shall be provided to the 3 President of the Senate, the Speaker of the House of 4 Representatives, and the Executive Office of the Governor by 5 February 1, 2002. 6 Section 6. In order to implement Specific 7 Appropriation 219 of Senate Bill 2-C, subsection (4) is added 8 to section 401.113, Florida Statutes, to read: 9 401.113 Department; powers and duties.-- 10 (4) For the 2001-2002 state fiscal year only, and 11 notwithstanding the provisions of subsections (1) and (2), 12 moneys in the Emergency Medical Services Trust Fund may also 13 be used for the purpose of funding the rural hospital capital 14 improvement grant program in accordance with the provisions of 15 s. 395.6061. This subsection expires July 1, 2002. 16 Section 7. In order to implement Specific 17 Appropriation 345 of Senate Bill 2-C and notwithstanding any 18 proviso contained in Specific Appropriation 1235 of chapter 19 2001-253, Laws of Florida, if Federal Title IV-E earnings do 20 not materialize, the Department of Juvenile Justice is no 21 longer required to transfer general revenue funds from 22 Specific Appropriation 1200 to Specific Appropriation 1235. 23 Section 8. In order to implement Specific 24 Appropriation 358 of Senate Bill 2-C, subsection (3) of 25 section 16.555, Florida Statutes, is amended to read: 26 16.555 Crime Stoppers Trust Fund; rulemaking.-- 27 (3)(a) The department shall establish a trust fund for 28 the purpose of grant administration to fund Crime Stoppers and 29 their crime fighting programs within the units of a local 30 government of the state. 31 (b) For the 2001-2002 state fiscal year only, and 5 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 notwithstanding any provision of this section to the contrary, 2 moneys in the trust fund may also be used to pay for salaries 3 and benefits and other expenses of the department. This 4 paragraph expires July 1, 2002. 5 Section 9. In order to implement Specific 6 Appropriations 358 and 361 of Senate Bill 2-C, subsection (2) 7 of section 860.158, Florida Statutes, is amended to read: 8 860.158 Florida Motor Vehicle Theft Prevention Trust 9 Fund.-- 10 (2)(a) Money in the trust fund shall be expended as 11 follows: 12 1.(a) To pay the authority's cost to administer the 13 board and the trust fund. 14 2.(b) To achieve the purposes and objectives of this 15 act, which may include, but not be limited to, the following: 16 a.1. To provide financial support to law enforcement 17 and correctional agencies, prosecutors, and the judiciary for 18 programs designed to reduce motor vehicle theft and to improve 19 the administration of motor vehicle theft laws. 20 b.2. To provide financial support for federal and 21 state agencies, units of local government, corporations, and 22 neighborhood, community, or business organizations for 23 programs designed to reduce motor vehicle theft and to improve 24 the administration of motor vehicle theft laws. 25 c.3. To provide financial support to conduct programs 26 designed to inform owners of motor vehicles about the 27 financial and social cost of motor vehicle theft and to 28 suggest to those owners methods for preventing motor vehicle 29 theft. 30 d.4. To provide financial support for plans, programs, 31 and projects consistent with the purposes of this act. 6 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 (b) For the 2001-2002 fiscal year only, and 2 notwithstanding s. 320.08046, the use of funds allocated to 3 the Florida Motor Vehicle Theft Prevention Trust Fund may also 4 be as provided in Senate Bill 2-C. This paragraph expires July 5 1, 2002. 6 Section 10. In order to implement Specific 7 Appropriations 441-446 of Senate Bill 2-C, paragraph (g) is 8 added to subsection (7) of section 339.135, Florida Statutes, 9 to read: 10 339.135 Work program; legislative budget request; 11 definitions; preparation, adoption, execution, and 12 amendment.-- 13 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-- 14 (g) For the 2001-2002 state fiscal year only, and 15 notwithstanding the provisions of paragraphs (b)-(f), the 16 adopted work program shall be adjusted to include projects 17 approved as economic stimulus projects resulting from 18 additional appropriations made by Senate Bill 2-C. This 19 paragraph expires July 1, 2002. 20 Section 11. In order to implement Specific 21 Appropriation 380A of Senate Bill 2-C, subsection (6) is added 22 to section 581.1845, Florida Statutes, to read: 23 581.1845 Citrus canker eradication; compensation to 24 homeowners whose trees have been removed.-- 25 (6) For the 2001-2002 fiscal year only and 26 notwithstanding the $100-compensation amount specified in 27 subsection (3); in subsection (3) of section 45 of chapter 28 2001-254, Laws of Florida; and in proviso following Specific 29 Appropriation 1488A of chapter 2001-253, Laws of Florida, the 30 amount of compensation for each tree removed from residential 31 property by the citrus canker eradication program shall be 7 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 $55. This subsection expires July 1, 2002. 2 Section 12. In order to implement Specific 3 Appropriation 633 of Senate Bill 2-C, subsection (5) is added 4 to section 44.108, Florida Statutes, to read: 5 44.108 Funding of mediation and 6 arbitration.--Mediation should be accessible to all parties 7 regardless of financial status. Each board of county 8 commissioners may support mediation and arbitration services 9 by appropriating moneys from county revenues and by: 10 (5) For the 2001-2002 fiscal year only, the use of the 11 funds allocated to the state mediation and arbitration trust 12 fund may also be as provided in Senate Bill 2-C. This 13 subsection expires July 1, 2002. 14 Section 13. In order to implement proviso following 15 Specific Appropriation 570 of Senate Bill 2-C, paragraph (d) 16 is added to subsection (4) of section 216.262, Florida 17 Statutes, to read: 18 216.262 Authorized positions.-- 19 (4) Notwithstanding the provisions of this chapter on 20 increasing the number of authorized positions, and for the 21 2001-2002 fiscal year only: 22 (d) In order to implement proviso following Specific 23 Appropriation 570 of Senate Bill 2-C, the Legislative Budget 24 Commission may approve positions for the Department of 25 Corrections in excess of the number authorized in the event 26 that the Department of Corrections will assume operational 27 responsibility of any correctional facility previously under 28 contract with the Correctional Privatization Commission. This 29 paragraph expires July 1, 2002. 30 31 Such requests are subject to the budget amendment and 8 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 consultation provisions of this chapter. This subsection 2 expires July 1, 2002. 3 Section 14. In order to implement Senate Bill 2-C, and 4 notwithstanding any provision of law to the contrary, each 5 state agency shall review existing and proposed contracts with 6 private providers and public/private providers in an effort to 7 reduce contract payments. It is the statewide goal to achieve 8 substantial savings; however, it is the intent of the 9 Legislature that the level and quality of services not be 10 affected. 0ach agency is authorized to renegotiate contracts 11 consistently with this section. The Legislature intends that 12 its substantive and fiscal committees will review the results 13 of this effort and the effectiveness of each agency in meeting 14 the goal. The Legislature further intends that savings 15 realized will be redirected through future appropriations or 16 budget amendments to offset reductions in education, health 17 care, and public safety. This section expires July 1, 2002. 18 Section 15. It is the policy of the state that funds 19 appropriated to state agencies which may be used for 20 state-employee travel be limited, until July 1, 2002, to 21 travel for activities that are critical to the state agency's 22 mission. Funds may not be used to pay for travel by state 23 employees to foreign countries, other states, conferences, 24 staff-training activities, or other administrative functions 25 unless the respective agency head has determined that such 26 activities are critical to the agency mission. Travel for law 27 enforcement, military purposes, emergency management, and 28 public health activities is not covered by this section. The 29 agency head, or his or her designee, must consider 30 teleconferencing and other forms of electronic communication 31 to meet the needs of the proposed activity before approving 9 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 mission-critical travel. 2 Section 16. For the Governor's recommended budget for 3 the fiscal year 2002-2003 only, the Governor shall furnish to 4 each member of the Senate and the House of Representatives a 5 copy of his recommended balanced budget for the state, based 6 on his own conclusions and judgment, by January 15, 2002. 7 Section 17. A section of this act that implements a 8 specific appropriation or specifically identified proviso 9 language in the act making appropriations and reductions in 10 appropriations for the 2001-2002 state fiscal year is void if 11 the specific appropriation or specifically identified proviso 12 language is vetoed. A section of this act that implements 13 more than one specific appropriation or more than one portion 14 of specifically identified proviso language in the act making 15 appropriations and reductions in appropriations for the 16 2001-2002 state fiscal year is void if all the specific 17 appropriations or portions of specifically identified proviso 18 language are vetoed. 19 Section 18. If any provision of this act or its 20 application to any person or circumstance is held invalid, the 21 invalidity shall not affect other provisions or applications 22 of the act which can be given effect without the invalid 23 provision or application, and to this end the provisions of 24 this act are declared severable. 25 Section 19. This act shall take effect upon becoming a 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 10 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 and insert: 2 A bill to be entitled 3 An act implementing the 2001-2002 supplemental 4 appropriations act; providing legislative 5 intent; amending s. 216.023, F.S.; providing 6 directives for executive agencies and the 7 judicial branch in adjusting performance 8 measures and standards to respond to budgetary 9 modifications; 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. 561.121, F.S.; providing 13 that moneys in the Children and Adolescents 14 Substance Abuse Trust Fund shall be used as 15 provided in chapter 2001-253, Laws of Florida, 16 and Senate Bill 2-C; rescinding authority 17 provided to the Correctional Privatization 18 Commission relating to a treatment facility; 19 requiring the Department of Children and Family 20 Services to award a new contract for operating 21 the Sexually Violent Predator Program; amending 22 s. 401.113, F.S.; providing that moneys in the 23 Emergency Medical Services Trust Fund may also 24 be used for the purpose of funding the rural 25 hospital capital improvement grant program; 26 providing a directive to the Department of 27 Juvenile Justice; amending s. 16.555, F.S.; 28 providing for the use of the Crime Stoppers 29 Trust Fund; amending s. 860.158, F.S.; 30 providing directives for the use of moneys in 31 the Florida Motor Vehicle Theft Prevention 11 9:53 PM 12/02/01 c0004Cc-0a
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 4-C, 1st Eng. Amendment No. ___ Barcode 235844 1 Trust Fund; amending s. 339.135, F.S.; 2 requiring adjustment of the adopted work 3 program of the Department of Transportation to 4 include certain economic stimulus projects; 5 amending s. 581.1845, F.S.; prescribing amount 6 of compensation for trees taken in canker 7 eradication programs; amending s. 44.108, F.S.; 8 providing for use of moneys in the state 9 mediation and arbitration trust fund; amending 10 s. 216.262, F.S.; authorizing the Legislative 11 Budget Commission to approve additional 12 authorized positions in the Department of 13 Corrections under certain circumstances; 14 directing state agencies to renegotiate 15 contracts; limiting the use of funds for 16 state-employee travel; requiring the Governor 17 to furnish a copy of his recommended balanced 18 budget to members of the Legislature; providing 19 effect of veto of specific appropriation or 20 proviso to which implementing language refers; 21 providing severability; providing an effective 22 date. 23 24 25 26 27 28 29 30 31 12 9:53 PM 12/02/01 c0004Cc-0a