CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Carlton moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

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

18  the implementing and administering provisions of this act

19  apply to the General Appropriations Act for fiscal year

20  2002-2003.

21         Section 2.  In order to implement Specific

22  Appropriation 161 of the 2002-2003 General Appropriations Act,

23  subsection (11) of section 240.35, Florida Statutes, is

24  amended to read:

25         240.35  Student fees.--Unless otherwise provided, the

26  provisions of this section apply only to fees charged for

27  college credit instruction leading to an associate in arts

28  degree, an associate in applied science degree, or an

29  associate in science degree and noncollege credit

30  college-preparatory courses defined in s. 239.105.

31         (11)(a)  Each community college is authorized to

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  establish a separate fee for financial aid purposes in an

  2  additional amount up to, but not to exceed, 5 percent of the

  3  total student tuition or matriculation fees collected.  Each

  4  community college may collect up to an additional 2 percent if

  5  the amount generated by the total financial aid fee is less

  6  than $250,000. If the amount generated is less than $250,000,

  7  a community college that charges tuition and matriculation

  8  fees at least equal to the average fees established by rule

  9  may transfer from the general current fund to the scholarship

10  fund an amount equal to the difference between $250,000 and

11  the amount generated by the total financial aid fee

12  assessment. No other transfer from the general current fund to

13  the loan, endowment, or scholarship fund, by whatever name

14  known, is authorized.

15         (b)  All funds collected under this program shall be

16  placed in the loan and endowment fund or scholarship fund of

17  the college, by whatever name known. Such funds shall be

18  disbursed to students as quickly as possible.  An amount not

19  greater than 40 percent of the fees collected in a fiscal year

20  may be carried forward unexpended to the following fiscal

21  year.  However, funds collected prior to July 1, 1989, and

22  placed in an endowment fund may not be considered part of the

23  balance of funds carried forward unexpended to the following

24  fiscal year.

25         (c)  Up to 25 percent or $300,000, whichever is

26  greater, of the financial aid fees collected may be used to

27  assist students who demonstrate academic merit; who

28  participate in athletics, public service, cultural arts, and

29  other extracurricular programs as determined by the

30  institution; or who are identified as members of a targeted

31  gender or ethnic minority population. The financial aid fee

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  revenues allocated for athletic scholarships and fee

  2  exemptions provided pursuant to subsection (17) for athletes

  3  shall be distributed equitably as required by s.

  4  228.2001(3)(d).  A minimum of 75 50 percent of the balance of

  5  these funds for new awards shall be used to provide financial

  6  aid based on absolute need, and the remainder of the funds

  7  shall be used for academic merit purposes and other purposes

  8  approved by the district boards of trustees.  Such other

  9  purposes shall include the payment of child care fees for

10  students with financial need. The State Board of Community

11  Colleges shall develop criteria for making financial aid

12  awards.  Each college shall report annually to the Department

13  of Education on the revenue collected pursuant to this

14  paragraph, the amount carried forward, the criteria used to

15  make awards, the amount and number of awards for each

16  criterion, and a delineation of the distribution of such

17  awards. The report shall include an assessment by category of

18  the financial need of every student who receives an award,

19  regardless of the purpose for which the award is received.

20  Awards which are based on financial need shall be distributed

21  in accordance with a nationally recognized system of need

22  analysis approved by the State Board of Community Colleges. An

23  award for academic merit shall require a minimum overall grade

24  point average of 3.0 on a 4.0 scale or the equivalent for both

25  initial receipt of the award and renewal of the award.

26         (d)  These funds may not be used for direct or indirect

27  administrative purposes or salaries.

28         Section 3.  Effective July 1, 2003, subsection (11) of

29  section 240.35, Florida Statutes, as amended by this act, is

30  amended to read:

31         240.35  Student fees.--Unless otherwise provided, the

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  provisions of this section apply only to fees charged for

  2  college credit instruction leading to an associate in arts

  3  degree, an associate in applied science degree, or an

  4  associate in science degree and noncollege credit

  5  college-preparatory courses defined in s. 239.105.

  6         (11)(a)  Each community college is authorized to

  7  establish a separate fee for financial aid purposes in an

  8  additional amount up to, but not to exceed, 5 percent of the

  9  total student tuition or matriculation fees collected.  Each

10  community college may collect up to an additional 2 percent if

11  the amount generated by the total financial aid fee is less

12  than $250,000. If the amount generated is less than $250,000,

13  a community college that charges tuition and matriculation

14  fees at least equal to the average fees established by rule

15  may transfer from the general current fund to the scholarship

16  fund an amount equal to the difference between $250,000 and

17  the amount generated by the total financial aid fee

18  assessment. No other transfer from the general current fund to

19  the loan, endowment, or scholarship fund, by whatever name

20  known, is authorized.

21         (b)  All funds collected under this program shall be

22  placed in the loan and endowment fund or scholarship fund of

23  the college, by whatever name known. Such funds shall be

24  disbursed to students as quickly as possible.  An amount not

25  greater than 40 percent of the fees collected in a fiscal year

26  may be carried forward unexpended to the following fiscal

27  year.  However, funds collected prior to July 1, 1989, and

28  placed in an endowment fund may not be considered part of the

29  balance of funds carried forward unexpended to the following

30  fiscal year.

31         (c)  Up to 25 percent or $300,000, whichever is

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  greater, of the financial aid fees collected may be used to

  2  assist students who demonstrate academic merit; who

  3  participate in athletics, public service, cultural arts, and

  4  other extracurricular programs as determined by the

  5  institution; or who are identified as members of a targeted

  6  gender or ethnic minority population. The financial aid fee

  7  revenues allocated for athletic scholarships and fee

  8  exemptions provided pursuant to subsection (17) for athletes

  9  shall be distributed equitably as required by s.

10  228.2001(3)(d).  A minimum of 50 75 percent of the balance of

11  these funds for new awards shall be used to provide financial

12  aid based on absolute need, and the remainder of the funds

13  shall be used for academic merit purposes and other purposes

14  approved by the district boards of trustees.  Such other

15  purposes shall include the payment of child care fees for

16  students with financial need. The State Board of Community

17  Colleges shall develop criteria for making financial aid

18  awards.  Each college shall report annually to the Department

19  of Education on the revenue collected pursuant to this

20  paragraph, the amount carried forward, the criteria used to

21  make awards, the amount and number of awards for each

22  criterion, and a delineation of the distribution of such

23  awards. The report shall include an assessment by category of

24  the financial need of every student who receives an award,

25  regardless of the purpose for which the award is received.

26  Awards which are based on financial need shall be distributed

27  in accordance with a nationally recognized system of need

28  analysis approved by the State Board of Community Colleges. An

29  award for academic merit shall require a minimum overall grade

30  point average of 3.0 on a 4.0 scale or the equivalent for both

31  initial receipt of the award and renewal of the award.

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         (d)  These funds may not be used for direct or indirect

  2  administrative purposes or salaries.

  3         Section 4.  In order to implement Specific

  4  Appropriation 166A of the 2002-2003 General Appropriations

  5  Act, subsection (6) of section 240.209, Florida Statutes, is

  6  amended to read:

  7         240.209  Board of Regents; powers and duties.--

  8         (6)(a)  The Board of Regents is authorized to permit

  9  full-time State University System employees who meet academic

10  requirements to enroll for up to 6 credit hours of

11  tuition-free courses per term on a space-available basis.

12         (b)  For the 2002-2003 2001-2002 fiscal year only and

13  notwithstanding the provisions of paragraph (a), the Board of

14  Regents is not authorized to permit State University System

15  employees to enroll for tuition-free courses. This paragraph

16  expires July 1, 2003 2002.

17         Section 5.  In order to implement Specific

18  Appropriations 166A-181 of the 2002-2003 General

19  Appropriations Act:

20         (1)  Universities in the State University System shall

21  utilize the state accounting system (FLAIR) for fiscal year

22  2002-2003 but are not required to provide funds to the

23  Department of Banking and Finance for its utilization.

24         (2)  Notwithstanding the provisions of sections

25  216.181, 216.292, and 240.2094, Florida Statutes, and pursuant

26  to section 216.351, Florida Statutes, funds appropriated or

27  reappropriated to the state universities in the 2002-2003

28  General Appropriations Act, or any other act passed by the

29  2002 Legislature containing appropriations, shall be

30  distributed to each university according to the 2002-2003

31  fiscal year operating budget approved by the university board

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  of trustees.  Each university board of trustees shall have

  2  authority to amend the operating budget as circumstances

  3  warrant.  The operating budget may utilize traditional

  4  appropriation categories or it may consolidate the

  5  appropriations into a special category appropriation account.

  6  The Comptroller or Chief Financial Officer, upon the request

  7  of the university board of trustees, shall record by journal

  8  transfer the distribution of the appropriated funds and

  9  releases according to the approved operating budget to the

10  appropriation accounts established for disbursement purposes

11  for each university within the state accounting system

12  (FLAIR).

13         (3)  Notwithstanding the provisions of sections

14  216.181, 216.292, 240.241, and 240.277, Florida Statutes, and

15  pursuant to section 216.351, Florida Statutes, each university

16  board of trustees shall include in an approved operating

17  budget the revenue in trust funds supported by student and

18  other fees as well as the trust funds within the Contract,

19  Grants, and Donations, Auxiliary Enterprises, and Sponsored

20  Research budget entities.  The university board of trustees

21  shall have the authority to amend the operating budget as

22  circumstances warrant.  The operating budget may utilize

23  traditional appropriation categories or it may consolidate the

24  trust fund spending authority into a special category

25  appropriation account.  The Comptroller or Chief Financial

26  Officer, upon the request of the university board of trustees,

27  shall record the distribution of the trust fund spending

28  authority and releases according to the approved operating

29  budget to the appropriation accounts established for

30  disbursement purposes for each university within the state

31  accounting system (FLAIR).

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         (4)  This section expires July 1, 2003.

  2         Section 6.  In order to implement Specific

  3  Appropriations 303-338 of the 2002-2003 General Appropriations

  4  Act, subsection (12) of section 216.292, Florida Statutes, is

  5  amended to read:

  6         216.292  Appropriations nontransferable; exceptions.--

  7         (12)  For the 2002-2003 2001-2002 fiscal year only and

  8  notwithstanding the other provisions of this section, the

  9  Department of Children and Family Services may transfer funds

10  within the family safety program identified in the General

11  Appropriations Act from identical funding sources between the

12  following appropriation categories without limitation as long

13  as such a transfer does not result in an increase to the total

14  recurring general revenue or trust fund cost of the agency in

15  the subsequent fiscal year: adoption services and subsidy;

16  family foster care; and emergency shelter care. Such transfers

17  must be consistent with legislative policy and intent and must

18  not adversely affect achievement of approved performance

19  outcomes or outputs in the family safety program. Notice of

20  proposed transfers under this authority must be provided to

21  the Executive Office of the Governor and the chairs of the

22  legislative appropriations committees at least 5 working days

23  before their implementation. This subsection expires July 1,

24  2003 2002.

25         Section 7.  In order to implement Specific

26  Appropriations 691-806 and 843-857 of the 2002-2003 General

27  Appropriations Act, subsection (4) of section 216.262, Florida

28  Statutes, is amended to read:

29         216.262  Authorized positions.--

30         (4)  Notwithstanding the provisions of this chapter on

31  increasing the number of authorized positions, and for the

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  2002-2003 2001-2002 fiscal year only,:

  2         (a)  if the actual inmate population of the Department

  3  of Corrections exceeds by 2 percent for 2 consecutive months

  4  or more the inmate population projected by the most recent

  5  Criminal Justice Estimating Conference on February 16, 2001,

  6  the Executive Office of the Governor may request positions in

  7  excess of the number authorized by the Legislature and

  8  sufficient funding from the Working Capital Fund to operate

  9  the additional prison bed capacity necessary to accommodate

10  the actual inmate population. This subsection expires July 1,

11  2003.

12         (b)  If, by October 1, 2001, a contract with a private

13  vendor or vendors for the delivery of health care services at

14  institutions located in Department of Corrections Region IV

15  has not been executed, up to 97 positions in excess of the

16  number authorized and appropriate salary rate may be approved,

17  provided that sufficient funds are available to pay salaries

18  and benefits. If a contract for the provision of health care

19  services in the Department of Corrections Region IV is

20  subsequently executed, the Executive Office of the Governor

21  shall place these positions and associated salary rate into

22  reserve.

23         (c)  In order to implement a Close Management

24  Consolidation Plan in the Department of Corrections, positions

25  in excess of the number authorized and appropriate salary rate

26  may be approved provided that the Secretary of Corrections

27  certifies that there are no vacant positions that may be used

28  for this purpose.

29

30  Such requests are subject to the budget amendment and

31  consultation provisions of this chapter. This subsection

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  expires July 1, 2002.

  2         Section 8.  In order to implement proviso language

  3  following Specific Appropriation 1178 of the 2002-2003 General

  4  Appropriations Act, the Correctional Privatization Commission

  5  may expend appropriated funds to assist in defraying the costs

  6  of impacts which are incurred by a municipality or county and

  7  associated with opening or operating a facility under the

  8  authority of the Correctional Privatization Commission or a

  9  facility under the authority of the Department of Juvenile

10  Justice which is located within that municipality or county.

11  The amount that is to be paid under this section for any

12  facility may not exceed 1 percent of the facility construction

13  cost, less building impact fees imposed by the municipality or

14  by the county if the facility is located in the unincorporated

15  portion of the county. This section expires July 1, 2003.

16         Section 9.  In order to implement Specific

17  Appropriations 889-1070, 3165, and 3201-3222 of the 2002-2003

18  General Appropriations Act, section 25.402, Florida Statutes,

19  is amended to read:

20         25.402  County Article V Trust Fund.--

21         (1)(a)  The trust fund moneys in the County Article V

22  Trust Fund, administered by the Supreme Court, may be used to

23  compensate counties for the costs they incur under Article V

24  of the State Constitution in operating the state courts

25  system, including the costs they incur in providing and

26  maintaining court facilities.

27         (b)  The Supreme Court shall adopt an allocation and

28  disbursement plan for the operation of the trust fund and the

29  expenditure of moneys deposited in the trust fund. The Supreme

30  Court shall include the plan in its legislative budget

31  request. A committee of 15 people shall develop and recommend

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  the allocation and disbursement plan to the Supreme Court. The

  2  committee shall be composed of:

  3         1.  Six persons appointed by the Florida Association of

  4  Counties, as follows:

  5         a.  Two persons residing in counties with populations

  6  fewer than 90,000.

  7         b.  Two persons residing in counties with populations

  8  greater than 89,999, but fewer than 700,000.

  9         c.  Two persons residing in counties with populations

10  greater than 699,999.

11         2.  Six persons appointed by the Chief Justice of the

12  Supreme Court, as follows:

13         a.  Two persons residing in counties with populations

14  fewer than 90,000.

15         b.  Two persons residing in counties with populations

16  greater than 89,999, but fewer than 700,000.

17         c.  Two persons residing in counties with populations

18  greater than 699,999.

19         3.  Three persons appointed by the Florida Association

20  of Court Clerks and Comptrollers, as follows:

21         a.  One person residing in a county with a population

22  fewer than 90,000.

23         b.  One person residing in a county with a population

24  greater than 89,999, but fewer than 700,000.

25         c.  One person residing in a county with a population

26  greater than 699,999.

27

28  The allocation and disbursement plan shall include provisions

29  to compensate counties with fewer than 90,000 residents for

30  court facility needs.

31         (c)  Amendments to the approved operating budget for

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  expenditures from the County Article V Trust Fund must be

  2  approved in accordance with the provisions of s. 216.181. The

  3  total amount disbursed from the County Article V Trust Fund

  4  may not exceed the amount authorized by the General

  5  Appropriations Act.

  6         (d)  Effective July 1, 2001, moneys generated from

  7  civil penalties distributed under s. 318.21(2) and s.

  8  318.21(2)(h) shall be deposited in the trust fund may be used

  9  for the following purposes:

10         1.  Funds paid to counties with populations fewer than

11  90,000 shall be grants-in-aid to be used, in priority order,

12  for: operating expenditures of the offices of the state

13  attorneys and public defenders as appropriated by the

14  Legislature in accordance with Specific Appropriation 2978B;

15  consulting or architectural studies related to the improvement

16  of courthouse facilities; improving court facilities to ensure

17  compliance with the Americans with Disabilities Act and other

18  federal or state requirements; other renovations in court

19  facilities; improvements in court security; and expert witness

20  fees in criminal cases, court reporting and transcribing costs

21  in criminal cases, and costs associated with the appointment

22  of special public defenders.

23         2.  Funds paid to counties with populations exceeding

24  89,999 shall be grants-in-aid to be used, in priority order,

25  for operating expenditures of the offices of the state

26  attorneys and public defenders as appropriated by the

27  Legislature in accordance with Specific Appropriation 2978B,

28  costs paid by the county for expert witness fees in criminal

29  cases, court reporting and transcribing costs in criminal

30  cases, and costs associated with the appointment of special

31  public defenders.

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         3.  Funds may be appropriated for the operation of the

  2  trial courts.

  3         (2)  This section expires June 30, 2003 2002.

  4         Section 10.  In order to implement Specific

  5  Appropriation 1480A of the 2002-2003 General Appropriations

  6  Act, subsection (6) of section 581.1845, Florida Statutes, as

  7  created by section 11 of chapter 2001-380, Laws of Florida, is

  8  amended to read:

  9         581.1845  Citrus canker eradication; compensation to

10  homeowners whose trees have been removed.--

11         (6)(a)  For the 2001-2002 fiscal year only and

12  notwithstanding the $100-compensation amount specified in

13  subsection (3); in subsection (3) of section 45 of chapter

14  2001-254, Laws of Florida; and in proviso following Specific

15  Appropriation 1488A of chapter 2001-253, Laws of Florida, the

16  amount of compensation for each tree removed from residential

17  property by the citrus canker eradication program shall be

18  $55. This paragraph subsection expires July 1, 2002.

19         (b)  For the 2002-2003 fiscal year only and

20  notwithstanding the $100-compensation amount specified in

21  subsection (3), the amount of compensation for each tree

22  removed from residential property by the citrus canker

23  eradication program shall be $55.  This paragraph expires July

24  1, 2003.

25         Section 11.  In order to implement Specific

26  Appropriations 1505-1569A of the 2002-2003 General

27  Appropriations Act, subsection (1) of section 252.373, Florida

28  Statutes, is amended to read:

29         252.373  Allocation of funds; rules.--

30         (1)(a)  Funds appropriated from the Emergency

31  Management, Preparedness, and Assistance Trust Fund shall be

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  allocated by the Department of Community Affairs as follows:

  2         1.  Sixty percent to implement and administer state and

  3  local emergency management programs, including training, of

  4  which 20 percent shall be used by the division and 80 percent

  5  shall be allocated to local emergency management agencies and

  6  programs.  Of this 80 percent, at least 80 percent shall be

  7  allocated to counties.

  8         2.  Twenty percent to provide for state relief

  9  assistance for nonfederally declared disasters, including but

10  not limited to grants and below-interest-rate loans to

11  businesses for uninsured losses resulting from a disaster.

12         3.  Twenty percent for grants and loans to state or

13  regional agencies, local governments, and private

14  organizations to implement projects that will further state

15  and local emergency management objectives.  These projects

16  must include, but need not be limited to, projects that will

17  promote public education on disaster preparedness and recovery

18  issues, enhance coordination of relief efforts of statewide

19  private sector organizations, and improve the training and

20  operations capabilities of agencies assigned lead or support

21  responsibilities in the state comprehensive emergency

22  management plan, including the State Fire Marshal's Office for

23  coordinating the Florida fire services. The division shall

24  establish criteria and procedures for competitive allocation

25  of these funds by rule.  No more than 5 percent of any award

26  made pursuant to this subparagraph may be used for

27  administrative expenses. This competitive criteria must give

28  priority consideration to hurricane evacuation shelter

29  retrofit projects.

30         (b)  Notwithstanding the provisions of paragraph (a),

31  and for the 2002-2003 2001-2002 fiscal year only, the use up

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  to $2.2 million of the unencumbered balance of the Emergency

  2  Management, Preparedness, and Assistance Trust Fund shall be

  3  as provided in the General Appropriations Act utilized to

  4  improve, and increase the number of, disaster shelters within

  5  the state and improve local disaster preparedness. This

  6  paragraph expires on July 1, 2003 2002.

  7         Section 12.  In order to implement Specific

  8  Appropriation 1498 of the 2002-2003 General Appropriations

  9  Act, subsection (8) of section 163.3184, Florida Statutes, is

10  amended to read:

11         163.3184  Process for adoption of comprehensive plan or

12  plan amendment.--

13         (8)  NOTICE OF INTENT.--

14         (a)  Except as provided in s. 163.3187(3), the state

15  land planning agency, upon receipt of a local government's

16  adopted comprehensive plan or plan amendment, shall have 45

17  days for review and to determine if the plan or plan amendment

18  is in compliance with this act, unless the amendment is the

19  result of a compliance agreement entered into under subsection

20  (16), in which case the time period for review and

21  determination shall be 30 days.  If review was not conducted

22  under subsection (6), the agency's determination must be based

23  upon the plan amendment as adopted.  If review was conducted

24  under subsection (6), the agency's determination of compliance

25  must be based only upon one or both of the following:

26         1.  The state land planning agency's written comments

27  to the local government pursuant to subsection (6); or

28         2.  Any changes made by the local government to the

29  comprehensive plan or plan amendment as adopted.

30         (b)1.  During the time period provided for in this

31  subsection, the state land planning agency shall issue,

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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  through a senior administrator or the secretary, as specified

  2  in the agency's procedural rules, a notice of intent to find

  3  that the plan or plan amendment is in compliance or not in

  4  compliance. A notice of intent shall be issued by publication

  5  in the manner provided by this paragraph and by mailing a copy

  6  to the local government and to persons who request notice.

  7  The required advertisement shall be no less than 2 columns

  8  wide by 10 inches long, and the headline in the advertisement

  9  shall be in a type no smaller than 12 point. The advertisement

10  shall not be placed in that portion of the newspaper where

11  legal notices and classified advertisements appear.  The

12  advertisement shall be published in a newspaper which meets

13  the size and circulation requirements set forth in paragraph

14  (15)(c) and which has been designated in writing by the

15  affected local government at the time of transmittal of the

16  amendment. Publication by the state land planning agency of a

17  notice of intent in the newspaper designated by the local

18  government shall be prima facie evidence of compliance with

19  the publication requirements of this section.

20         2.  For fiscal year 2002-2003 2001-2002 only, the

21  provisions of this subparagraph shall supersede the provisions

22  of subparagraph 1. During the time period provided for in this

23  subsection, the state land planning agency shall issue,

24  through a senior administrator or the secretary, as specified

25  in the agency's procedural rules, a notice of intent to find

26  that the plan or plan amendment is in compliance or not in

27  compliance. A notice of intent shall be issued by publication

28  in the manner provided by this paragraph and by mailing a copy

29  to the local government. The advertisement shall be placed in

30  that portion of the newspaper where legal notices appear. The

31  advertisement shall be published in a newspaper that meets the

                                  16
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  size and circulation requirements set forth in paragraph

  2  (15)(c) and that has been designated in writing by the

  3  affected local government at the time of transmittal of the

  4  amendment. Publication by the state land planning agency of a

  5  notice of intent in the newspaper designated by the local

  6  government shall be prima facie evidence of compliance with

  7  the publication requirements of this section. The state land

  8  planning agency shall post a copy of the notice of intent on

  9  the agency's Internet site. The agency shall, no later than

10  the date the notice of intent is transmitted to the newspaper,

11  send by regular mail a courtesy informational statement to

12  persons who provide their names and addresses to the local

13  government at the transmittal hearing or at the adoption

14  hearing where the local government has provided the names and

15  addresses of such persons to the department at the time of

16  transmittal of the adopted amendment. The informational

17  statements shall include the name of the newspaper in which

18  the notice of intent will appear, the approximate date of

19  publication, the ordinance number of the plan or plan

20  amendment, and a statement that affected persons have 21 days

21  after the actual date of publication of the notice to file a

22  petition. This subparagraph expires July 1, 2003 2002.

23         Section 13.  In order to implement Specific

24  Appropriation 1760A of the 2002-2003 General Appropriations

25  Act, subsection (6) is added to section 375.041, Florida

26  Statutes, to read:

27         375.041  Land Acquisition Trust Fund.--

28         (6)  For the 2002-2003 fiscal year only, the use of

29  funds allocated to the Land Acquisition Trust Fund shall be as

30  provided in the General Appropriations Act. This subsection

31  expires July 1, 2003.

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         Section 14.  In order to implement Specific

  2  Appropriations 1760A and 1768A of the 2002-2003 General

  3  Appropriations Act, subsection (7) is added to section

  4  403.709, Florida Statutes, to read:

  5         403.709  Solid Waste Management Trust Fund; use of

  6  waste tire fee moneys; waste tire site management.--

  7         (7)  For the 2002-2003 fiscal year only, the use of

  8  funds allocated to the Solid Waste Management Trust Fund shall

  9  be as provided in the General Appropriations Act. This

10  subsection expires July 1, 2003.

11         Section 15.  In order to implement Specific

12  Appropriation 1819 of the 2002-2003 General Appropriations

13  Act, subsection (8) of section 403.7095, Florida Statutes, is

14  amended to read:

15         403.7095  Solid waste management grant program.--

16         (8)  Notwithstanding the provisions of this section,

17  for fiscal year 2002-2003 2001-2002 only, the department shall

18  provide solid waste management and recycling grants only to

19  counties with populations under 100,000. Such grants must be

20  at least 80 percent of the level of funding they received in

21  fiscal year 2000-2001. This subsection expires July 1, 2003

22  2002.

23         Section 16.  In order to implement Specific

24  Appropriation 2095 of the 2002-2003 General Appropriations

25  Act:

26         (1)  Notwithstanding section 332.007, Florida Statutes,

27  any airport with direct intercontinental passenger service,

28  located in a county with a population of under 400,000 as of

29  the effective date of this act, which has a loan from the

30  Department of Transportation due in August of 2002, will have

31  such loan extended until September 18, 2008.

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         (2)  Notwithstanding section 332.007, Florida Statutes,

  2  any airport with direct intercontinental passenger service,

  3  located in a county with a population of under 400,000 as of

  4  the effective date of this act, which has loans from the

  5  Department of Transportation due in March 2008, July 2009, and

  6  September 2009, will have such loans consolidated and repaid

  7  in full by September 18, 2009.

  8         Section 17.  In order to implement proviso language in

  9  Specific Appropriation 2235 of the 2002-2003 General

10  Appropriations Act, section 402.3017, Florida Statutes, is

11  amended to read:

12         402.3017  Teacher Education and Compensation Helps

13  (TEACH) scholarship program.--

14         (1)  The Legislature finds that the level of early

15  child care teacher education and training is a key predictor

16  for determining program quality. The Legislature also finds

17  that low wages for child care workers prevent many from

18  obtaining increased training and education and contribute to

19  high turnover rates.  The Legislature therefore intends to

20  help fund a program which links teacher training and education

21  to compensation and commitment to the field of early childhood

22  education.

23         (2)  The Department of Children and Family Services is

24  authorized to contract for the administration of the Teacher

25  Education and Compensation Helps (TEACH) scholarship program,

26  which provides educational scholarships to caregivers and

27  administrators of early childhood programs, family day care

28  homes, and large family child care homes.

29         (3)  The department shall adopt rules as necessary to

30  implement this section.

31         (4)  For the 2002-2003 fiscal year only, the Agency for

                                  19
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  Workforce Innovation shall administer this section. This

  2  subsection expires July 1, 2003.

  3         Section 18.  In order to implement proviso language

  4  following Specific Appropriation 2452 of the 2002-2003 General

  5  Appropriations Act, subsection (5) of section 601.155, Florida

  6  Statutes, is amended to read:

  7         601.155  Equalizing excise tax; credit; exemption.--

  8         (5)  Products made in whole or in part from citrus

  9  fruit on which an equivalent tax is levied pursuant to s.

10  601.15 is exempt from the tax imposed by this section. All

11  products subject to the taxable privileges under this section,

12  which products are produced in whole or in part from citrus

13  fruit grown within the United States, are exempt from the tax

14  imposed by this section to the extent that the products are

15  derived from oranges or grapefruit grown within the United

16  States. In the case of products made in part from citrus fruit

17  exempt from the tax imposed by this section grown within the

18  United States, it shall be the burden of the persons liable

19  for the excise tax to show the Department of Citrus, through

20  competent evidence, proof of that part which is not subject to

21  a taxable privilege.

22         Section 19.  Effective July 1, 2003, subsection (5) of

23  section 601.155, Florida Statutes, as amended by this act, is

24  amended to read:

25         601.155  Equalizing excise tax; credit; exemption.--

26         (5)  All products subject to the taxable privileges

27  under this section, which products are produced in whole or in

28  part from citrus fruit grown within the United States, are

29  exempt from the tax imposed by this section to the extent that

30  the products are derived from oranges or grapefruit grown

31  within the United States. Products made in whole or in part

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  from citrus fruit on which an equivalent tax is levied

  2  pursuant to s. 601.15 is exempt from the tax imposed by this

  3  section. In the case of products made in part from citrus

  4  fruit grown within the United States exempt from the tax

  5  imposed by this section, it shall be the burden of the persons

  6  liable for the excise tax to show the Department of Citrus,

  7  through competent evidence, proof of that part which is not

  8  subject to a taxable privilege.

  9         Section 20.  In order to implement Specific

10  Appropriations 2776-2780 of the 2002-2003 General

11  Appropriations Act, subsection (4) of section 287.161, Florida

12  Statutes, is amended to read:

13         287.161  Executive aircraft pool; assignment of

14  aircraft; charge for transportation.--

15         (4)  Notwithstanding the requirements of subsections

16  (2) and (3) and for the 2002-2003 2001-2002 fiscal year only,

17  the Department of Management Services shall charge all persons

18  receiving transportation from the executive aircraft pool a

19  rate not less than the mileage allowance fixed by the

20  Legislature for the use of privately owned vehicles. Fees

21  collected for persons traveling by aircraft in the executive

22  aircraft pool shall be deposited into the Bureau of Aircraft

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

24  the aircraft management activities of the department. It is

25  the intent of the Legislature that the executive aircraft pool

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

27  funds. This subsection expires July 1, 2003 2002.

28         Section 21.  In order to implement section 8 of the

29  2002-2003 General Appropriations Act, section 110.1239,

30  Florida Statutes, is amended to read:

31         110.1239  State group health insurance program

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  funding.--For the 2002-2003 2001-2002 fiscal year only, it is

  2  the intent of the Legislature that the state group health

  3  insurance program be managed, administered, operated, and

  4  funded in such a manner as to maximize the protection of state

  5  employee health insurance benefits. Inherent in this intent is

  6  the recognition that the health insurance liabilities

  7  attributable to the benefits offered state employees should be

  8  fairly, orderly, and equitably funded. Accordingly:

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

10  necessary to fully fund the state group health insurance

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

12  made after each revenue estimating conference on health

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

14  December 1 and April 1 of each fiscal year.

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

16  budget, shall provide premium rates necessary for full funding

17  of the state group health insurance program, and the

18  Legislature shall provide in the General Appropriations Act

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

20  group health insurance program.

21         (3)  For purposes of funding, any additional

22  appropriation amounts allocated to the state group health

23  insurance program by the Legislature shall be considered as a

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

25         (4)  This section expires July 1, 2003 2002.

26         Section 22.  In order to implement section 8 of the

27  2002-2003 General Appropriations Act, subsection (7) of

28  section 110.12315, Florida Statutes, is amended to read:

29         110.12315  Prescription drug program.--The state

30  employees' prescription drug program is established.  This

31  program shall be administered by the Department of Management

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  Services, according to the terms and conditions of the plan as

  2  established by the relevant provisions of the annual General

  3  Appropriations Act and implementing legislation, subject to

  4  the following conditions:

  5         (7)  Notwithstanding the provisions of subsections (1)

  6  and (2), under the state employees' prescription drug program

  7  copayments must be made as follows:

  8         (a)  Effective January 1, 2001:

  9         1.  For generic drug with card......................$7.

10         2.  For preferred brand name drug with card........$20.

11         3.  For nonpreferred brand name drug with card.....$35.

12         4.  For generic mail order drug.................$10.50.

13         5.  For preferred brand name mail order drug.......$30.

14         6.  For nonpreferred brand name drug............$52.50.

15         (b)  The Department of Management Services shall create

16  a preferred brand name drug list to be used in the

17  administration of the state employees' prescription drug

18  program.

19

20  This subsection expires July 1, 2003 2002.

21         Section 23.  In order to implement specific

22  appropriations 2195-2202 of the 2002-2003 General

23  Appropriations Act, subsection (7) of section 443.036, Florida

24  Statutes, is amended to read:

25         443.036  Definitions.--As used in this chapter, unless

26  the context clearly requires otherwise:

27         (7)  BASE PERIOD.--

28         (a)  "Base period" means the first four of the last

29  five completed calendar quarters immediately preceding the

30  first day of an individual's benefit year.

31         (b)  For the 2002-2003 fiscal year only, with respect

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  to a benefit year commencing on or after October 1, 2002, if

  2  an individual is not monetarily eligible in his or her base

  3  period to qualify for benefits, the Agency for Workforce

  4  Innovation must designate his or her base period to be the

  5  alternative base period. As used in this paragraph, the term

  6  "alternative base period" means the last four completed

  7  calendar quarters immediately preceding the first day of an

  8  individual's benefit year. Wages used in a base period to

  9  establish a monetarily eligible benefit year may not be

10  applied to establish monetary eligibility in any succeeding

11  benefit year. If information regarding wages for the calendar

12  quarter or quarters immediately preceding the benefit year has

13  not been input into the agency's mainframe database from the

14  regular quarterly reports of wage information or is otherwise

15  unavailable, the Agency for Workforce Innovation shall request

16  such information from the employer. An employer must provide

17  the requested wage information within 10 days after receiving

18  a request from the Agency for Workforce Innovation. An

19  employer who fails to provide the requested wage information

20  within the required time is subject to the penalty for

21  delinquent reports in s. 443.141(1)(b). This paragraph expires

22  July 1, 2003.

23         (c)  For the 2002-2003 fiscal year only, for monetary

24  determinations based upon the alternative base period under

25  paragraph (b), if the Agency for Workforce Innovation is

26  unable to access the wage information through its mainframe

27  database, the agency may base the determination of eligibility

28  for benefits on an affidavit submitted by the individual with

29  respect to wages for those calendar quarters. The individual

30  must furnish payroll information, if available, in support of

31  the affidavit. A determination of benefits based upon an

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  alternative base period shall be adjusted when the quarterly

  2  report of wage information from the employer is received, if

  3  that information causes a change in the determination. This

  4  paragraph expires July 1, 2003.

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

  6  specific appropriation or specifically identified proviso

  7  language in the 2002-2003 General Appropriations Act is void

  8  if the specific appropriation or specifically identified

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

10  implements more than one specific appropriation or more than

11  one portion of specifically identified proviso language in the

12  2002-2003 General Appropriations Act is void if all the

13  specific appropriations or portions of specifically identified

14  proviso language are vetoed.

15         Section 25.  The agency performance measures and

16  standards in the document entitled "Agency Performance

17  Measures and Standards for Fiscal Year 2002-2003" dated

18  February 22, 2002, and filed with the Secretary of the Senate

19  are incorporated by reference. Such performance measures and

20  standards are directly linked to the appropriations made in

21  the General Appropriations Act for fiscal year 2002-2003, as

22  required by the Government Performance and Accountability Act

23  of 1994. State agencies are directed to revise their

24  Long-Range Program Plans required under section 216.013,

25  Florida Statutes, to be consistent with these performance

26  measures and standards.

27         Section 26.  It is the policy of the state that funds

28  provided in the 2002-2003 General Appropriations Act may not

29  be expended for contracts in excess of $5,000 for the radio or

30  broadcast television noncommercial sustained announcements or

31  for public-service announcements unless specifically approved

                                  25
    10:27 AM   03/19/02                               h1945c-2420a




                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1  by the Legislative Budget Commission.

  2         Section 27.  Except as otherwise specifically provided

  3  in this act, this act shall take effect July 1, 2002; or, in

  4  the event this act fails to become a law until after that

  5  date, it shall take effect upon becoming a law and shall

  6  operate retroactively to July 1, 2002.

  7

  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         Delete everything before the enacting clause

12

13  and insert:

14                      A bill to be entitled

15         An act implementing the 2002-2003 General

16         Appropriations Act; providing legislative

17         intent; amending s. 240.35, F.S.; increasing

18         the percentage of funds from the financial aid

19         fee to be used for need-based financial aid;

20         revising provisions relating to an annual

21         report; amending s. 240.209, F.S.; prohibiting

22         State University System employees from

23         enrolling in tuition-free courses; providing

24         accounting requirements for the state

25         universities for the 2002-2003 fiscal year;

26         amending s. 216.292, F.S.; authorizing the

27         Department of Children and Family Services to

28         transfer funding between certain services;

29         amending s. 216.262, F.S.; providing for

30         additional positions to operate additional

31         prison bed capacity under certain

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         circumstances; authorizing the Correctional

  2         Privatization Commission to make certain

  3         expenditures to defray costs incurred by a

  4         municipality or county as a result of opening

  5         or operating a facility under the authority of

  6         the commission or the Department of Juvenile

  7         Justice; amending s. 25.402, F.S.; revising

  8         uses of the County Article V Trust Fund;

  9         amending s. 581.1845, F.S.; prescribing the

10         amount of compensation for trees taken in

11         canker eradication programs; amending s.

12         252.373, F.S.; providing for use of the

13         Emergency Management, Preparedness, and

14         Assistance Trust Fund; amending s. 163.3184,

15         F.S.; prescribing standards for the state land

16         planning agency to use when issuing notice of

17         intent; amending s. 375.041, F.S.; providing

18         for use of moneys in the Land Acquisition Trust

19         Fund; amending s. 403.709, F.S.; providing for

20         use of moneys in the Solid Waste Management

21         Trust Fund; amending s. 403.7095, F.S.;

22         prescribing conditions on solid waste

23         management and recycling grants; providing for

24         extension of time for repayment of specified

25         loans; amending s. 287.161, F.S.; amending s.

26         402.3017, F.S.; providing for administration of

27         the Teacher Education and Compensation Helps

28         scholarship program; amending s. 601.155, F.S.;

29         exempting products made from certain citrus

30         fruit from the equalizing excise tax; requiring

31         the Department of Management Services to charge

                                  27
    10:27 AM   03/19/02                               h1945c-2420a




                                                  SENATE AMENDMENT

    Bill No. HB 1945, 2nd Eng.

    Amendment No. ___   Barcode 274632





  1         all persons receiving transportation from the

  2         executive aircraft pool a specified rate;

  3         amending s. 110.1239, F.S.; providing

  4         requirements for the funding of the state group

  5         health insurance program; amending s.

  6         110.12315, F.S.; providing copayment

  7         requirements for the state employees'

  8         prescription drug program; amending s. 443.036,

  9         F.S.; providing a definition and an application

10         of an alternative base period for unemployment

11         compensation; providing requirements and

12         limitations; requiring employers to respond to

13         requests for information by the Agency for

14         Workforce Innovation; providing a penalty for

15         failure to respond; providing for adjustments

16         in determinations of monetary eligibility;

17         providing effect of veto of specific

18         appropriation or proviso to which implementing

19         language refers; incorporating by reference

20         specified performance measures and standards

21         directly linked to the appropriations made in

22         the 2002-2003 General Appropriations Act, as

23         required by the Government Performance and

24         Accountability Act of 1994; limiting

25         expenditures for noncommercial sustained

26         announcements and public-service announcements;

27         providing effective dates.

28

29

30

31

                                  28
    10:27 AM   03/19/02                               h1945c-2420a