HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Lacasa offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. It is the intent of the Legislature that
18 the implementing and administering provisions of this act
19 apply to the act making appropriations and reductions in
20 appropriations for the 2001-2002 state fiscal year.
21 Section 2. In order to implement Specific
22 Appropriation 428 of the act making appropriations and
23 reductions in appropriations for the 2001-2002 state fiscal
24 year, subsection (3) of section 16.555, Florida Statutes, is
25 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
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
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 3. In order to implement the transfer of
6 moneys to the Working Capital Fund from trust funds, paragraph
7 (b) of subsection (2) of section 215.32, Florida Statutes, is
8 reenacted to read:
9 215.32 State funds; segregation.--
10 (2) The source and use of each of these funds shall be
11 as follows:
12 (b)1. The trust funds shall consist of moneys received
13 by the state which under law or under trust agreement are
14 segregated for a purpose authorized by law. The state agency
15 or branch of state government receiving or collecting such
16 moneys shall be responsible for their proper expenditure as
17 provided by law. Upon the request of the state agency or
18 branch of state government responsible for the administration
19 of the trust fund, the Comptroller may establish accounts
20 within the trust fund at a level considered necessary for
21 proper accountability. Once an account is established within a
22 trust fund, the Comptroller may authorize payment from that
23 account only upon determining that there is sufficient cash
24 and releases at the level of the account.
25 2. In order to maintain a minimum number of trust
26 funds in the State Treasury, each state agency or the judicial
27 branch may consolidate, if permitted under the terms and
28 conditions of their receipt, the trust funds administered by
29 it; provided, however, the agency or judicial branch employs
30 effectively a uniform system of accounts sufficient to
31 preserve the integrity of such trust funds; and provided,
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 further, that consolidation of trust funds is approved by the
2 Governor or the Chief Justice.
3 3. All such moneys are hereby appropriated to be
4 expended in accordance with the law or trust agreement under
5 which they were received, subject always to the provisions of
6 chapter 216 relating to the appropriation of funds and to the
7 applicable laws relating to the deposit or expenditure of
8 moneys in the State Treasury.
9 4.a. Notwithstanding any provision of law restricting
10 the use of trust funds to specific purposes, unappropriated
11 cash balances from selected trust funds may be authorized by
12 the Legislature for transfer to the Budget Stabilization Fund
13 and Working Capital Fund in the General Appropriations Act.
14 b. This subparagraph does not apply to trust funds
15 required by federal programs or mandates; trust funds
16 established for bond covenants, indentures, or resolutions
17 whose revenues are legally pledged by the state or public body
18 to meet debt service or other financial requirements of any
19 debt obligations of the state or any public body; the State
20 Transportation Trust Fund; the trust fund containing the net
21 annual proceeds from the Florida Education Lotteries; the
22 Florida Retirement System Trust Fund; trust funds under the
23 management of the Board of Regents, where such trust funds are
24 for auxiliary enterprises, self-insurance, and contracts,
25 grants, and donations, as those terms are defined by general
26 law; trust funds that serve as clearing funds or accounts for
27 the Comptroller or state agencies; trust funds that account
28 for assets held by the state in a trustee capacity as an agent
29 or fiduciary for individuals, private organizations, or other
30 governmental units; and other trust funds authorized by the
31 State Constitution.
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 Section 4. In order to implement the act making
2 appropriations and reductions in appropriations for the
3 2001-2002 state fiscal year, subsection (14) is added to
4 section 216.023, Florida Statutes, to read:
5 216.023 Legislative budget requests to be furnished to
6 Legislature by agencies.--
7 (7) Annually, by June 30, executive agencies shall
8 submit to the Executive Office of the Governor adjustments to
9 their performance standards based on the amounts appropriated
10 for each program by the Legislature. When such an adjustment
11 is made, all performance standards, including any adjustments
12 made, shall be reviewed and revised as necessary by the
13 Executive Office of the Governor and, upon approval, submitted
14 to the Legislature pursuant to the review and approval process
15 provided in s. 216.177. The Senate Committee on Fiscal Policy
16 and the House of Representatives Fiscal Responsibility Council
17 shall advise Senate substantive committees and House of
18 Representatives substantive committees, respectively, of all
19 adjustments made to performance standards or measures. The
20 Executive Office of the Governor shall maintain both the
21 official record of adjustments to the performance standards as
22 part of the agency's approved operating budget and the
23 official performance ledger. As used in this section,
24 "performance ledger" means the official compilation of
25 information about state agency performance-based programs and
26 measures, including approved programs, approved outputs and
27 outcomes, baseline data, approved standards for each
28 performance measure and any approved adjustments thereto, as
29 well as actual agency performance for each measure.
30 (9) Annually, by June 30, the judicial branch shall
31 make adjustments to any performance standards for approved
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 programs based on the amount appropriated for each program,
2 which shall be submitted to the Legislature pursuant to the
3 notice and review process provided in s. 216.177. The Senate
4 Committee on Fiscal Policy and the House Fiscal Responsibility
5 Council shall advise Senate substantive committees and House
6 substantive committees, respectively, of all adjustments made
7 to performance standards or measures.
8 (14)(a) By January 15, 2002, executive agencies must
9 submit to the Executive Office of the Governor adjustments to
10 their performance measures and standards necessitated by
11 reductions and other changes to appropriations made by the
12 Legislature for the 2001-2002 state fiscal year for each
13 program. Review, revision, and approval of such adjustments
14 shall be conducted pursuant to the requirements of subsection
15 (7).
16 (b) By January 15, 2002, the judicial branch must make
17 adjustments to any performance measures and standards
18 necessitated by reductions and other changes to appropriations
19 made by the Legislature for the 2001-2002 state fiscal year
20 for each program. Review, revision, and approval of such
21 adjustments shall be conducted pursuant to the requirements of
22 subsection (9).
23 (c) This subsection expires July 1, 2002.
24 Section 5. In order to implement Specific
25 Appropriations 773-773A of the act making appropriations and
26 reductions in appropriations for the 2001-2002 state fiscal
27 year, section 257.195, Florida Statutes, is amended to read:
28 257.195 Revenue shortfalls; procedures.--
29 (1) In the event of revenue shortfalls which
30 necessitate budget reductions during any fiscal year, the
31 total appropriation for library grants from state sources
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 shall have the same ratable reduction as that applied to the
2 operating funds of the Division of Library and Information
3 Services or such reduction shall be at the discretion of the
4 Secretary of State.
5 (2) For the 2001-2002 state fiscal year only, the
6 provisions of subsection (1) are suspended. This subsection
7 expires July 1, 2002.
8 Section 6. In order to implement Specific
9 Appropriations 580-585 of the act making appropriations and
10 reductions in appropriations for the 2001-2002 state fiscal
11 year, paragraph (g) is added to subsection (7) of section
12 339.135, Florida Statutes, to read:
13 339.135 Work program; legislative budget request;
14 definitions; preparation, adoption, execution, and
15 amendment.--
16 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
17 (g) For the 2001-2002 state fiscal year only, and
18 notwithstanding the provisions of paragraphs (b)-(f), the
19 adopted work program shall be adjusted to include projects
20 approved as economic stimulus projects resulting from
21 additional appropriations made by House Bill 1-C, 2001 Special
22 Session C, or similar legislation enacted at the same
23 legislative session or an extension thereof. This paragraph
24 expires July 1, 2002.
25 Section 7. In order to implement Specific
26 Appropriation 235 of the act making appropriations and
27 reductions in appropriations for the 2001-2002 state fiscal
28 year, subsection (4) is added to section 401.113, Florida
29 Statutes, to read:
30 401.113 Department; powers and duties.--
31 (4) For the 2001-2002 state fiscal year only, and
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 notwithstanding the provisions of subsections (1) and (2),
2 moneys in the Emergency Medical Services Trust Fund may also
3 be used for the purpose of funding the rural hospital capital
4 improvement grant program in accordance with the provisions of
5 s. 395.6061. This subsection expires July 1, 2002.
6 Section 8. In order to implement Specific
7 Appropriations 194-195A of the act making appropriations and
8 reductions in appropriations for the 2001-2002 state fiscal
9 year, subsection (4) of section 561.121, Florida Statutes, is
10 amended to read:
11 561.121 Deposit of revenue.--
12 (4)(a) State funds collected pursuant to s. 561.501
13 shall be paid into the State Treasury and credited to the
14 following accounts:
15 1.(a) Twenty-seven and two-tenths percent of the
16 surcharge on the sale of alcoholic beverages for consumption
17 on premises shall be transferred to the Children and
18 Adolescents Substance Abuse Trust Fund, which shall remain
19 with the Department of Children and Family Services for the
20 purpose of funding programs directed at reducing and
21 eliminating substance abuse problems among children and
22 adolescents.
23 2.(b) The remainder of collections shall be credited
24 to the General Revenue Fund.
25 (b) For the 2001-2002 state fiscal year only, and
26 notwithstanding the provisions of subparagraph (a)1., moneys
27 in the Children and Adolescents Substance Abuse Trust Fund may
28 also be used for the purpose of funding programs directed at
29 reducing and eliminating substance abuse problems among
30 adults. This paragraph expires July 1, 2002.
31 Section 9. In order to implement Specific
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 Appropriation 428 of the act making appropriations and
2 reductions in appropriations for the 2001-2002 state fiscal
3 year, paragraph (c) is added to subsection (2) of section
4 860.158, Florida Statutes, to read:
5 860.158 Florida Motor Vehicle Theft Prevention Trust
6 Fund.--
7 (2) Money in the trust fund shall be expended as
8 follows:
9 (c) For the 2001-2002 state fiscal year only, and
10 notwithstanding any provision of this section or s. 320.08046
11 to the contrary, to pay for salaries and benefits and other
12 expenses of the Department of Legal Affairs. This paragraph
13 expires July 1, 2002.
14 Section 10. A section of this act that implements a
15 specific appropriation or specifically identified proviso
16 language in the act making appropriations and reductions in
17 appropriations for the 2001-2002 state fiscal year is void if
18 the specific appropriation or specifically identified proviso
19 language is vetoed. A section of this act that implements
20 more than one specific appropriation or more than one portion
21 of specifically identified proviso language in the act making
22 appropriations and reductions in appropriations for the
23 2001-2002 state fiscal year is void if all the specific
24 appropriations or portions of specifically identified proviso
25 language are vetoed.
26 Section 11. If any other act passed during the 2001
27 Special Session C of the Legislature or any extension thereof
28 contains a provision that is substantively the same as a
29 provision in this act, but that removes or is otherwise not
30 subject to the future repeal applied to such provision by this
31 act, the Legislature intends that the provision in the other
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 act shall take precedence and shall continue to operate,
2 notwithstanding the future repeal provided by this act.
3 Section 12. If any provision of this act or its
4 application to any person or circumstance is held invalid, the
5 invalidity shall not affect other provisions or applications
6 of the act which can be given effect without the invalid
7 provision or application, and to this end the provisions of
8 this act are declared severable.
9 Section 13. This act shall take effect upon becoming a
10 law.
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 remove from the title of the bill: Everything before the
16 enacting clause
17
18 and insert in lieu thereof:
19 A bill to be entitled
20 An act implementing the act that provides
21 appropriations and reductions in appropriations
22 for the 2001-2002 state fiscal year; providing
23 legislative intent; amending s. 16.555, F.S.;
24 providing that moneys in the Crime Stoppers
25 Trust Fund may be used to pay for salaries and
26 benefits and other expenses of the Department
27 of Legal Affairs; reenacting s. 215.32(2)(b),
28 F.S., to implement the transfer of moneys to
29 the Working Capital Fund from certain trust
30 funds; amending s. 216.023, F.S.; providing for
31 adjustments to performance measures and
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HOUSE AMENDMENT
Bill No. CS for SB 4-C
Amendment No. ___ (for drafter's use only)
1 standards for the executive and judicial
2 branches necessitated by reductions and other
3 changes to appropriations for the 2001-2002
4 state fiscal year; amending s. 257.195, F.S.;
5 suspending revenue shortfall procedures
6 applicable to appropriations for library grants
7 from state sources; amending s. 339.135, F.S.;
8 requiring adjustment of the adopted work
9 program of the Department of Transportation to
10 include certain economic stimulus projects;
11 amending s. 401.113, F.S.; providing that
12 moneys in the Emergency Medical Services Trust
13 Fund may also be used for the purpose of
14 funding the rural hospital capital improvement
15 grant program; amending s. 561.121, F.S.;
16 providing that moneys in the Children and
17 Adolescents Substance Abuse Trust Fund may also
18 be used for the purpose of funding programs
19 directed at reducing and eliminating substance
20 abuse problems among adults; amending s.
21 860.158, F.S.; providing that moneys in the
22 Florida Motor Vehicle Theft Prevention Trust
23 Fund may be used to pay for salaries and
24 benefits and other expenses of the Department
25 of Legal Affairs; providing effect of veto of
26 specific appropriation or proviso to which
27 implementing language refers; providing
28 applicability to other legislation; providing
29 severability; providing an effective date.
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