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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11 Senator Carlton moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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
1
10:27 AM 03/19/02 h1945c-2420a
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
2
10:27 AM 03/19/02 h1945c-2420a
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
3
10:27 AM 03/19/02 h1945c-2420a
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
4
10:27 AM 03/19/02 h1945c-2420a
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.
5
10:27 AM 03/19/02 h1945c-2420a
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
6
10:27 AM 03/19/02 h1945c-2420a
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).
7
10:27 AM 03/19/02 h1945c-2420a
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
8
10:27 AM 03/19/02 h1945c-2420a
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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10:27 AM 03/19/02 h1945c-2420a
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
10
10:27 AM 03/19/02 h1945c-2420a
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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10:27 AM 03/19/02 h1945c-2420a
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.
12
10:27 AM 03/19/02 h1945c-2420a
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
13
10:27 AM 03/19/02 h1945c-2420a
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
14
10:27 AM 03/19/02 h1945c-2420a
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,
15
10:27 AM 03/19/02 h1945c-2420a
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
10:27 AM 03/19/02 h1945c-2420a
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
10:27 AM 03/19/02 h1945c-2420a
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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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
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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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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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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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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
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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
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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
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