Senate Bill sb0004Ce1

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  1                      A bill to be entitled

  2         An act implementing the 2001-2002 supplemental

  3         appropriations act; providing legislative

  4         intent; amending s. 216.023, F.S.; providing

  5         directives for executive agencies and the

  6         judicial branch in adjusting performance

  7         measures and standards to respond to budgetary

  8         modifications; reenacting s. 215.32(2)(b),

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

10         the Working Capital Fund from certain trust

11         funds; providing a directive to the Department

12         of Juvenile Justice; amending s. 16.555, F.S.;

13         providing for the use of the Crime Stoppers

14         Trust Fund; amending s. 860.158, F.S.;

15         providing directives for the use of moneys in

16         the Florida Motor Vehicle Theft Prevention

17         Trust Fund; amending s. 339.135, F.S.;

18         requiring adjustment of the adopted work

19         program of the Department of Transportation to

20         include certain economic stimulus projects;

21         amending s. 44.108, F.S.; providing for use of

22         moneys in the state mediation and arbitration

23         trust fund; limiting the use of funds for

24         state-employee travel; requiring state agencies

25         to pursue authorization from the Legislative

26         Budget Commission to renegotiate contracts;

27         requiring the Governor to furnish a copy of his

28         recommended balanced budget to members of the

29         Legislature; requiring the State Board of

30         Administration and boards operating under the

31         authority of the state to refinance certain


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  1         bonds; requiring a report to the Legislature;

  2         providing for school district flexibility in

  3         the 2001-2002 fiscal year expenditure of

  4         specified funds appropriated in ch. 2001-253,

  5         Laws of Florida; providing for reports;

  6         delaying the requirement in s. 230.23, F.S.,

  7         that the adopted school board budget include a

  8         reserve for funding a supplement; delaying the

  9         requirement in s. 235.061, F.S., relating to

10         relocatables for long-term use; delaying the

11         requirement in s. 235.062, F.S., relating to

12         relocatable facilities; establishing conditions

13         for certain spending authority; providing for

14         repeal; providing effect of veto of specific

15         appropriation or proviso to which implementing

16         language refers; providing severability;

17         providing an effective date.

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

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

22  the implementing and administering provisions of this act

23  apply to the act making appropriations and reductions in

24  appropriations for the 2001-2002 state fiscal year.

25         Section 2.  In order to implement reductions and other

26  changes in appropriations for the 2001-2002 fiscal year made

27  by Senate Bill 2-C, subsection (14) is added to section

28  216.023, Florida Statutes, to read:

29         216.023  Legislative budget requests to be furnished to

30  Legislature by agencies.--

31         (14)  For the 2001-2002 fiscal year only:


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  1         (a)  By January 15, 2002, executive agencies shall

  2  submit to the Executive Office of the Governor adjustments to

  3  their performance measures and standards necessitated by

  4  reductions and other changes by the Legislature to 2001-2002

  5  appropriations. Review, revision, and approval of such

  6  adjustments shall be conducted pursuant to the requirements of

  7  subsection (7).

  8         (b)  By January 15, 2002, the judicial branch shall

  9  make adjustments to any performance measures and standards

10  necessitated by reductions and other changes by the

11  Legislature to 2001-2002 appropriations. Review, revision, and

12  approval of such adjustments shall be conducted pursuant to

13  the requirements of subsection (9).

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15  This subsection expires July 1, 2002.

16         Section 3.  In order to implement the transfer of

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

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

19  reenacted to read:

20         215.32  State funds; segregation.--

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

22  as follows:

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

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

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

26  or branch of state government receiving or collecting such

27  moneys shall be responsible for their proper expenditure as

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

29  branch of state government responsible for the administration

30  of the trust fund, the Comptroller may establish accounts

31  within the trust fund at a level considered necessary for


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  1  proper accountability. Once an account is established within a

  2  trust fund, the Comptroller may authorize payment from that

  3  account only upon determining that there is sufficient cash

  4  and releases at the level of the account.

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

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

  7  branch may consolidate, if permitted under the terms and

  8  conditions of their receipt, the trust funds administered by

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

10  effectively a uniform system of accounts sufficient to

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

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

13  Governor or the Chief Justice.

14         3.  All such moneys are hereby appropriated to be

15  expended in accordance with the law or trust agreement under

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

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

18  applicable laws relating to the deposit or expenditure of

19  moneys in the State Treasury.

20         4.a.  Notwithstanding any provision of law restricting

21  the use of trust funds to specific purposes, unappropriated

22  cash balances from selected trust funds may be authorized by

23  the Legislature for transfer to the Budget Stabilization Fund

24  and Working Capital Fund in the General Appropriations Act.

25         b.  This subparagraph does not apply to trust funds

26  required by federal programs or mandates; trust funds

27  established for bond covenants, indentures, or resolutions

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

29  to meet debt service or other financial requirements of any

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

31  Transportation Trust Fund; the trust fund containing the net


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  1  annual proceeds from the Florida Education Lotteries; the

  2  Florida Retirement System Trust Fund; trust funds under the

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

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

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

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

  7  the Comptroller or state agencies; trust funds that account

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

  9  or fiduciary for individuals, private organizations, or other

10  governmental units; and other trust funds authorized by the

11  State Constitution.

12         Section 4.  In order to implement Specific

13  Appropriation 345 of Senate Bill 2-C and notwithstanding any

14  proviso contained in Specific Appropriation 1235 of chapter

15  2001-253, Laws of Florida, if Federal Title IV-E earnings do

16  not materialize, the Department of Juvenile Justice is

17  directed not to transfer general revenue funds from Specific

18  Appropriation 1200 to Specific Appropriation 1235.

19         Section 5.  In order to implement Specific

20  Appropriation 358 of Senate Bill 2-C, subsection (3) of

21  section 16.555, Florida Statutes, is amended to read:

22         16.555  Crime Stoppers Trust Fund; rulemaking.--

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

24  the purpose of grant administration to fund Crime Stoppers and

25  their crime fighting programs within the units of a local

26  government of the state.

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

28  notwithstanding any provision of this section to the contrary,

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

30  and benefits and other expenses of the department.  This

31  paragraph expires July 1, 2002.


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  1         Section 6.  In order to implement Specific

  2  Appropriations 358 and 361 of Senate Bill 2-C, subsection (2)

  3  of section 860.158, Florida Statutes, is amended to read:

  4         860.158  Florida Motor Vehicle Theft Prevention Trust

  5  Fund.--

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

  7  follows:

  8         1.(a)  To pay the authority's cost to administer the

  9  board and the trust fund.

10         2.(b)  To achieve the purposes and objectives of this

11  act, which may include, but not be limited to, the following:

12         a.1.  To provide financial support to law enforcement

13  and correctional agencies, prosecutors, and the judiciary for

14  programs designed to reduce motor vehicle theft and to improve

15  the administration of motor vehicle theft laws.

16         b.2.  To provide financial support for federal and

17  state agencies, units of local government, corporations, and

18  neighborhood, community, or business organizations for

19  programs designed to reduce motor vehicle theft and to improve

20  the administration of motor vehicle theft laws.

21         c.3.  To provide financial support to conduct programs

22  designed to inform owners of motor vehicles about the

23  financial and social cost of motor vehicle theft and to

24  suggest to those owners methods for preventing motor vehicle

25  theft.

26         d.4.  To provide financial support for plans, programs,

27  and projects consistent with the purposes of this act.

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

29  notwithstanding s. 320.08046, the use of funds allocated to

30  the Florida Motor Vehicle Theft Prevention Trust Fund shall be

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  1  as provided in Senate Bill 2-C. This paragraph expires July 1,

  2  2002.

  3         Section 7.  In order to implement Specific

  4  Appropriations 441-446 of Senate Bill 2-C, paragraph (g) is

  5  added to subsection (7) of section 339.135, Florida Statutes,

  6  to read:

  7         339.135  Work program; legislative budget request;

  8  definitions; preparation, adoption, execution, and

  9  amendment.--

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

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

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

13  adopted work program shall be adjusted to include projects

14  approved as economic stimulus projects resulting from

15  additional appropriations made by Senate Bill 2-C, 2001

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

17  legislative session or an extension thereof.  This paragraph

18  expires July 1, 2002.

19         Section 8.  In order to implement Specific

20  Appropriation 633 of Senate Bill 2-C, subsection (5) is added

21  to section 44.108, Florida Statutes, to read:

22         44.108  Funding of mediation and

23  arbitration.--Mediation should be accessible to all parties

24  regardless of financial status.  Each board of county

25  commissioners may support mediation and arbitration services

26  by appropriating moneys from county revenues and by:

27         (5)  For the 2001-2002 fiscal year only, the use of the

28  funds allocated to the state mediation and arbitration trust

29  fund shall be as provided in Senate Bill 2-C. This subsection

30  expires July 1, 2002.

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  1         Section 9.  Notwithstanding any provision of law to the

  2  contrary, all agency heads shall pursue authorization from the

  3  Legislative Budget Commission in order to renegotiate current

  4  state contracts with private providers and public/private

  5  providers in an effort to reduce contract payments by up to 10

  6  percent. It is the statewide goal to achieve $75 million in

  7  savings, however, it is the intent of the Legislature that the

  8  level and quality of services not be affected. Savings

  9  realized will be redirected into budget reductions in

10  education, health care, and public safety for the current

11  fiscal year. This section expires July 1, 2002.

12         Section 10.  The State Board of Administration or any

13  other board operating under the authority of the state of

14  Florida, or any state agency that has the authority to issue

15  bonds, shall refinance any outstanding bonds of this state if

16  there is opportunity to reduce the interest rate to maximize

17  the cash flow benefit to the state. Any issuing authority

18  shall report to the Legislature on a quarterly basis all bond

19  issuance and refunding activities of the preceding quarter.

20         Section 11.  It is the policy of the state that funds

21  appropriated to state agencies which may be used for

22  state-employee travel be limited, until July 1, 2002, to

23  travel for activities that are critical to the state agency's

24  mission. Funds may not be used to pay for travel by state

25  employees to foreign countries, other states, conferences,

26  staff-training activities, or other administrative functions

27  unless the respective agency head has determined that such

28  activities are critical to the agency mission. Travel for law

29  enforcement, military purposes, emergency management, and

30  public health activities is not covered by this section. The

31  agency head, or his or her designee, must consider


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  1  teleconferencing and other forms of electronic communication

  2  to meet the needs of the proposed activity before approving

  3  mission-critical travel.

  4         Section 12.  For the Governor's recommended budget for

  5  the fiscal year 2002-2003 only, the Governor shall furnish to

  6  each member of the Senate and the House of Representatives a

  7  copy of his recommended balanced budget for the state, based

  8  on his own conclusions and judgment, by January 15, 2002.

  9         Section 13.  School District Flexibility Act of 2001.--

10         (1)  This act may be cited as the "School District

11  Flexibility Act of 2001."

12         (2)  During the 2001-2002 fiscal year, each district

13  school board is authorized flexibility to expend funds

14  allocated to the school district from the appropriations in

15  chapter 2001-253, Laws of Florida, as provided below:

16         (a)  If a district school board finds and declares in a

17  resolution adopted at a regular meeting of the school board

18  that the funds received for the programs listed below are

19  urgently needed to maintain board-specified academic classroom

20  instruction, the school board may consider and approve an

21  amendment to the school district's 2001-2002 operating budget

22  transferring the identified amount of funds to the appropriate

23  account for expenditure. These accounts are:

24         1.  Section 236.081(3), Florida Statutes, Funds for

25  Inservice Educational Personnel Training, Specific

26  Appropriation 122.

27         2.  Funds allocated for Safe Schools Activities,

28  Specific Appropriation 118.

29         3.  Funds for Public School Technology, Specific

30  Appropriation 120A.

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  1         4.  Funds for Teacher Recruitment Signing Bonuses,

  2  Specific Appropriation 119, which are in excess of the amount

  3  required to provide $850 Teacher Retention Bonuses.

  4         5.  Funds for the District Discretionary Lottery

  5  Allocation, Specific Appropriation 4A(a).

  6         6.  Section 231.67, Florida Statutes, the Florida

  7  Teachers Lead Program Stipend, Specific Appropriation 122A,

  8  carryforward funds only.

  9         (b)  If the district school board finds that funds

10  allocated for the purpose set forth in s. 236.08104, Florida

11  Statutes, Supplemental Academic Instruction, Specific

12  Appropriation 118, are budgeted to be expended for

13  nonclassroom instruction, the school board may consider and

14  approve an amendment to the school district's 2001-2002

15  operating budget transferring such funds to an appropriate

16  academic classroom instruction account for expenditure.

17         (3)  Each district school board shall report to the

18  Department of Education the amount of funds it transfers from

19  each of the programs identified in this section and the

20  specific academic classroom instruction for which these funds

21  are being expended. The department shall provide instructions

22  and format to be used in submitting this required information.

23  The department shall submit to the Governor, the President of

24  the Senate, and the Speaker of the House of Representatives a

25  report showing the actions taken by each district school board

26  and providing a statewide summary for all school districts.

27         (4)  The standard in paragraph (c) of subsection (5) of

28  section 230.23, Florida Statutes, requiring the adopted

29  district school board budget to include a reserve to fully

30  fund an additional 5-percent supplement for school

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  1  administrators and instructional personnel need not be met

  2  until June 30, 2003.

  3         (5)  The standard in subsection (1) of section 235.061,

  4  Florida Statutes, requiring State Board of Education rules to

  5  prohibit the use as classrooms of relocatables that fail to

  6  meet the standards need not be met until July 1, 2003.

  7         (6)  The standard in paragraph (a) of subsection (1) of

  8  section 235.062, Florida Statutes, for student stations in

  9  relocatable facilities exceeding 20 years of age need not be

10  met until July 1, 2004.

11         (7)  Subsections (1) through (3) expire June 30, 2002.

12         (8)  To take advantage of the delayed dates authorized

13  in subsections (5) and (6), a school district must:

14         (a)  First use the authority for the transfer of funds

15  provided by subsections (1)-(4) before using the flexibility

16  provided by subsections (5) and (6).

17         (b)  Submit to the Department of Education a plan that

18  identifies how the school district will fully comply with

19  standards for relocatable classrooms by July 1, 2003, and will

20  fully comply with the requirements of section 235.062, Florida

21  Statutes, by July 1, 2004.

22         (9)  The purpose of this section is to implement

23  section 2 of Senate Bill 2-C.

24         Section 14.  A section of this act that implements a

25  specific appropriation or specifically identified proviso

26  language in the act making appropriations and reductions in

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

28  the specific appropriation or specifically identified proviso

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

30  more than one specific appropriation or more than one portion

31  of specifically identified proviso language in the act making


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  1  appropriations and reductions in appropriations for the

  2  2001-2002 state fiscal year is void if all the specific

  3  appropriations or portions of specifically identified proviso

  4  language are vetoed.

  5         Section 15.  If any provision of this act or its

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

  7  invalidity shall not affect other provisions or applications

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

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

10  this act are declared severable.

11         Section 16.  This act shall take effect upon becoming a

12  law.

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