House Bill hb1945

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




    Florida House of Representatives - 2002                HB 1945

        By the Fiscal Responsibility Council and Representatives
    Lacasa, Ball, Murman, Dockery, Wallace, Johnson, Fasano,
    Berfield, Lynn and Greenstein




  1                      A bill to be entitled

  2         An act implementing the 2002-2003 General

  3         Appropriations Act; providing legislative

  4         intent; amending s. 236.081, F.S., relating to

  5         the Florida Education Finance Program; revising

  6         calculation of additional full-time equivalent

  7         membership based on the Advanced International

  8         Certificate of Education Program; revising the

  9         basis of the quality assurance guarantee;

10         providing for future reversion to current text;

11         amending s. 240.116, F.S.; eliminating

12         restriction of the Advanced International

13         Certificate of Education Program to a pilot

14         program; providing for future reversion to

15         current text; amending s. 229.085, F.S.;

16         exempting personnel employed to plan and

17         administer grants or contracts for specific

18         educational projects from requirements for

19         positions in excess of those authorized;

20         providing accounting requirements for the state

21         universities for the 2002-2003 fiscal year;

22         amending s. 216.181, F.S.; authorizing the

23         Department of Children and Family Services and

24         the Department of Health to advance certain

25         moneys for certain contract services; amending

26         ss. 430.204 and 430.205, F.S.; requiring the

27         Department of Elderly Affairs to fund certain

28         community care services and core services for

29         the elderly; amending s. 216.292, F.S.;

30         authorizing the Department of Children and

31         Family Services to transfer funds within the

                                  1

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         family safety program; authorizing the

  2         Department of Law Enforcement to use certain

  3         moneys to provide bonuses to employees for

  4         meritorious performance, subject to review;

  5         amending s. 216.181, F.S.; authorizing the

  6         Department of Law Enforcement to transfer

  7         positions and associated budget and a certain

  8         percentage of salary rate between budget

  9         entities and providing requirements with

10         respect thereto; authorizing the Correctional

11         Privatization Commission to make certain

12         expenditures to defray costs incurred by a

13         municipality or county as a result of opening

14         or operating a facility under authority of the

15         commission or the Department of Juvenile

16         Justice; amending s. 16.555, F.S.; authorizing

17         use of the Crime Stoppers Trust Fund to pay for

18         salaries and benefits and other expenses of the

19         Department of Legal Affairs; amending s.

20         860.158, F.S.; providing directives for the use

21         of moneys in the Florida Motor Vehicle Theft

22         Prevention Trust Fund; amending s. 375.041,

23         F.S.; providing for use of moneys allocated to

24         the Land Acquisition Trust Fund as provided in

25         the General Appropriations Act; amending s.

26         403.709, F.S.; providing for use of moneys

27         allocated to the Solid Waste Management Trust

28         Fund as provided in the General Appropriations

29         Act; amending s. 373.59, F.S.; requiring

30         release of certain moneys by the Secretary of

31         Environmental Protection to water management

                                  2

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         districts, upon request; amending s. 581.1845,

  2         F.S.; prescribing the amount of compensation

  3         for trees taken in canker eradication programs;

  4         amending s. 373.470, F.S.; removing a

  5         requirement to deposit certain funds into the

  6         Save Our Everglades Trust Fund; amending s.

  7         216.181, F.S.; allowing transfers of positions

  8         and funds among departments necessary for

  9         implementation of the office of Chief Financial

10         Officer; requiring approval by the Legislative

11         Budget Commission; amending s. 259.032, F.S.;

12         allowing Conservation and Recreation Lands

13         Trust Fund distributions to certain counties to

14         be used for rural economic development and

15         infrastructure purposes; amending s. 110.12315,

16         F.S.; providing copayment requirements for the

17         state employees' prescription drug program;

18         providing for a preferred brand name drug list

19         to be used in the administration of such

20         program; amending s. 110.1239, F.S.; providing

21         requirements for the funding of the state group

22         health insurance program; amending s. 112.061,

23         F.S.; providing for computation of travel time

24         and reimbursement for public officers' and

25         employees' travel; amending s. 163.3184, F.S.;

26         prescribing standards for the state land

27         planning agency to use when issuing notice of

28         intent; amending s. 252.373, F.S.; authorizing

29         the use of certain funds to improve local

30         disaster preparedness; amending s. 288.063,

31         F.S.; providing that certain transportation

                                  3

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         projects may be designated and funded by the

  2         Legislature as necessary for economic

  3         development; providing for future repeal or

  4         expiration of various provisions; providing

  5         effect of veto of specific appropriation or

  6         proviso to which implementing language refers;

  7         providing applicability to other legislation;

  8         incorporating by reference specified

  9         performance measures and standards directly

10         linked to the appropriations made in the

11         2001-2002 General Appropriations Act, as

12         required by the Government Performance and

13         Accountability Act of 1994; providing

14         severability; providing an effective date.

15

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

17

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

19  the implementing and administering provisions of this act

20  apply to the General Appropriations Act for fiscal year

21  2002-2003.

22         Section 2.  In order to implement Specific

23  Appropriation 105 of the 2002-2003 General Appropriations Act,

24  paragraph (k) of subsection (1) and subsection (8) of section

25  236.081, Florida Statutes, as amended by section 1 of chapter

26  2001-47 and section 4 of chapter 2001-254, Laws of Florida,

27  are amended to read:

28         236.081  Funds for operation of schools.--If the annual

29  allocation from the Florida Education Finance Program to each

30  district for operation of schools is not determined in the

31  annual appropriations act or the substantive bill implementing

                                  4

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  the annual appropriations act, it shall be determined as

  2  follows:

  3         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

  4  OPERATION.--The following procedure shall be followed in

  5  determining the annual allocation to each district for

  6  operation:

  7         (k)  Calculation of additional full-time equivalent

  8  membership based on international baccalaureate examination

  9  scores of students.--A value of 0.24 full-time equivalent

10  student membership shall be calculated for each student

11  enrolled in an international baccalaureate course who receives

12  a score of 4 or higher on a subject examination.  A value of

13  0.3 full-time equivalent student membership shall be

14  calculated for each student who receives an international

15  baccalaureate diploma.  Such value shall be added to the total

16  full-time equivalent student membership in basic programs for

17  grades 9 through 12 in the subsequent fiscal year. During the

18  1997-1998, 1998-1999, and 1999-2000 school years of the pilot

19  program authorized in s. 240.116, Students enrolled in the

20  Advanced International Certificate of Education Program shall

21  generate full-time equivalent student membership in a manner

22  that is equitable to the manner in which students enrolled in

23  the International Baccalaureate Program generate full-time

24  equivalent student membership.  During 1997-1998, a maximum of

25  40 students in each participating school district is

26  authorized to generate full-time equivalent student membership

27  in the pilot program, and in 1998-1999 and 1999-2000 a maximum

28  of 80 students per year in each participating school district

29  is authorized to generate full-time equivalent student

30  membership in the pilot program. The school district shall

31

                                  5

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  distribute to each classroom teacher who provided

  2  international baccalaureate instruction:

  3         1.  A bonus in the amount of $50 for each student

  4  taught by the International Baccalaureate teacher in each

  5  international baccalaureate course who receives a score of 4

  6  or higher on the international baccalaureate examination.

  7         2.  An additional bonus of $500 to each International

  8  Baccalaureate teacher in a school designated performance grade

  9  category "D" or "F" who has at least one student scoring 4 or

10  higher on the international baccalaureate examination,

11  regardless of the number of classes taught or of the number of

12  students scoring a 4 or higher on the international

13  baccalaureate examination.

14

15  Bonuses awarded to a teacher according to this paragraph shall

16  not exceed $2,000 in any given school year and shall be in

17  addition to any regular wage or other bonus the teacher

18  received or is scheduled to receive.

19         (8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may

20  annually in the General Appropriations Act determine a

21  percentage increase in funds per K-12 unweighted weighted FTE

22  as a minimum guarantee to each school district. The guarantee

23  shall be calculated from prior year base funding per

24  unweighted weighted FTE student which shall include the

25  adjusted FTE dollars as provided in subsection (9), quality

26  guarantee funds, and actual nonvoted discretionary local

27  effort from taxes. From the base funding per unweighted

28  weighted FTE, the increase shall be calculated for the current

29  year. The current year funds from which the guarantee shall be

30  determined shall include the adjusted FTE dollars as provided

31  in subsection (9) and potential nonvoted discretionary local

                                  6

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  effort from taxes. A comparison of current year funds per

  2  unweighted weighted FTE to prior year funds per unweighted

  3  weighted FTE shall be computed. For those school districts

  4  which have less than the legislatively assigned percentage

  5  increase, funds shall be provided to guarantee the assigned

  6  percentage increase in funds per unweighted weighted FTE

  7  student. Should appropriated funds be less than the sum of

  8  this calculated amount for all districts, the commissioner

  9  shall prorate each district's allocation. This provision shall

10  be implemented to the extent specifically funded.

11         Section 3.  The amendment of paragraph (k) of

12  subsection (1) and subsection (8) of section 236.081, Florida

13  Statutes, by this act shall expire on July 1, 2003, and the

14  text of those provisions shall revert to that in existence on

15  June 30, 2002, except that any amendments to such text enacted

16  other than by this act shall be preserved and continue to

17  operate to the extent that such amendments are not dependent

18  upon the portions of such text which expire pursuant to the

19  provisions of this act.

20         Section 4.  In order to implement Specific

21  Appropriation 105 of the 2002-2003 General Appropriations Act,

22  subsection (6) of section 240.116, Florida Statutes, as

23  amended by section 6 of chapter 2001-254, Laws of Florida, is

24  amended to read:

25         240.116  Articulated acceleration.--

26         (6)  The International Baccalaureate Program shall be

27  the curriculum in which eligible secondary students are

28  enrolled in a program of studies offered through the

29  International Baccalaureate Program administered by the

30  International Baccalaureate Office.  The State Board of

31  Education shall establish rules which specify the cutoff

                                  7

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  scores and International Baccalaureate Examinations which will

  2  be used to grant postsecondary credit at community colleges

  3  and universities. Any such rules, which have the effect of

  4  raising the required cutoff score or of changing the

  5  International Baccalaureate Examinations which will be used to

  6  grant postsecondary credit, shall only apply to students

  7  taking International Baccalaureate Examinations after such

  8  rules are adopted by the State Board of Education.  Students

  9  shall be awarded a maximum of 30 semester credit hours

10  pursuant to this subsection. The specific course for which a

11  student receives such credit shall be determined by the

12  community college or university that accepts the student for

13  admission.  Students enrolled pursuant to this subsection

14  shall be exempt from the payment of any fees for

15  administration of the examinations. During the 1997-1998,

16  1998-1999, and 1999-2000 school years, the Department of

17  Education shall assist up to three school districts in

18  conducting a pilot of the Advanced International Certificate

19  of Education Program administered by the University of

20  Cambridge Local Examinations Syndicate. The department shall

21  produce an evaluation report and recommendations regarding the

22  comparability of the Advanced International Certificate of

23  Education Program to the International Baccalaureate Program

24  and submit the report to the President of the Senate and the

25  Speaker of the House of Representatives on or before October

26  1, 2000.

27         Section 5.  The amendment of subsection (6) of section

28  240.116, Florida Statutes, by this act shall expire on July 1,

29  2003, and the text of that subsection shall revert to that in

30  existence on June 30, 2002, except that any amendments to such

31  text enacted other than by this act shall be preserved and

                                  8

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  continue to operate to the extent that such amendments are not

  2  dependent upon the portions of such text which expire pursuant

  3  to the provisions of this act.

  4         Section 6.  In order to implement Specific

  5  Appropriations 60-152 of the 2002-2003 General Appropriations

  6  Act, subsection (2) of section 229.085, Florida Statutes, as

  7  amended by section 31 of chapter 2001-170, Laws of Florida, is

  8  amended to read:

  9         229.085  Custody of educational funds.--

10         (2)(a)  There is created in the Department of Education

11  the Projects, Contracts, and Grants Trust Fund.  The personnel

12  employed to plan and administer grants or contracts for

13  specific projects shall be considered in time-limited

14  employment not to exceed the duration of the grant or until

15  completion of the project, whichever first occurs.  Such

16  employees shall not acquire retention rights under the Career

17  Service System. Any employee holding permanent career service

18  status in a Department of Education position who is appointed

19  to a position under the Projects, Contracts, and Grants Trust

20  Fund shall retain such permanent status in the career service

21  position.

22         (b)  If, in executing the terms of such grants or

23  contracts for specific projects, the employment of personnel

24  shall be required, such personnel shall not be subject to the

25  requirements of s. 216.262(1)(a).  This paragraph expires July

26  1, 2003.

27         Section 7.  In order to implement Specific

28  Appropriations 7B-7F and 166B-166I and Section 9 of the

29  2002-2003 General Appropriations Act:

30         (1)  Universities in the State University System shall

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

                                  9

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  2002-2003 but are not required to provide funds to the

  2  Department of Banking and Finance for its utilization.

  3         (2)  Notwithstanding the provisions of ss. 216.181,

  4  216.292, and 240.2094 and pursuant to s. 216.351, Florida

  5  Statutes, funds appropriated or reappropriated to the state

  6  universities in the 2002-2003 General Appropriations Act, or

  7  any other act passed by the 2002 Legislature containing

  8  appropriations, shall be distributed to each university

  9  according to the 2002-2003 fiscal year operating budget

10  approved by the university board of trustees.  Each university

11  board of trustees shall have authority to amend the operating

12  budget as circumstances warrant.  The operating budget may

13  utilize traditional appropriation categories or it may

14  consolidate the appropriations into a special category

15  appropriation account.  The Comptroller or Chief Financial

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

17  shall record by journal transfer the distribution of the

18  appropriated funds and releases according to the approved

19  operating budget to the appropriation accounts established for

20  disbursement purposes for each university within the state

21  accounting system (FLAIR).

22         (3)  Notwithstanding the provisions of ss. 216.181,

23  216.292, 240.241, and 240.277 and pursuant to s. 216.351,

24  Florida Statutes, each university board of trustees shall

25  include in an approved operating budget the revenue in trust

26  funds supported by student and other fees as well as the trust

27  funds within the Contract, Grants, and Donations, Auxiliary

28  Enterprises, and Sponsored Research budget entities.  The

29  university board of trustees shall have the authority to amend

30  the operating budget as circumstances warrant.  The operating

31  budget may utilize traditional appropriation categories or it

                                  10

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  may consolidate the trust fund spending authority into a

  2  special category appropriation account.  The Comptroller or

  3  Chief Financial Officer, upon the request of the university

  4  board of trustees, shall record the distribution of the trust

  5  fund spending authority and releases according to the approved

  6  operating budget to the appropriation accounts established for

  7  disbursement purposes for each university within the state

  8  accounting system (FLAIR).

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

10         Section 8.  In order to implement Specific

11  Appropriations 270-451R and 491-650 of the 2002-2003 General

12  Appropriations Act, paragraph (c) of subsection (16) of

13  section 216.181, Florida Statutes, is amended to read:

14         216.181  Approved budgets for operations and fixed

15  capital outlay.--

16         (16)

17         (c)  For the 2002-2003 2001-2002 fiscal year only,

18  funds appropriated to the Department of Children and Family

19  Services in Specific Appropriations 270-451R 302-466 and the

20  Department of Health in Specific Appropriations 491-650

21  503-637 of the 2002-2003 2001-2002 General Appropriations Act

22  may be advanced, unless specifically prohibited in such

23  General Appropriations Act, for those contracted services that

24  were approved for advancement by the Comptroller in fiscal

25  year 1993-1994, including those services contracted on a

26  fixed-price or unit-cost basis. This paragraph expires July 1,

27  2003 2002.

28         Section 9.  In order to implement Specific

29  Appropriations 458-474 of the 2002-2003 General Appropriations

30  Act, paragraph (b) of subsection (1) of section 430.204,

31  Florida Statutes, is amended to read:

                                  11

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         430.204  Community-care-for-the-elderly core services;

  2  departmental powers and duties.--

  3         (1)

  4         (b)  For fiscal year 2002-2003 2001-2002 only, in each

  5  county having a population over 2 million, the department

  6  shall fund, through each area agency on aging in each county

  7  as defined in s. 125.01(1), more than one community care

  8  service system the primary purpose of which is the prevention

  9  of unnecessary institutionalization of functionally impaired

10  elderly persons through the provision of community-based core

11  services. This paragraph expires July 1, 2003 2002.

12         Section 10.  In order to implement Specific

13  Appropriations 458-474 of the 2002-2003 General Appropriations

14  Act, paragraph (b) of subsection (1) of section 430.205,

15  Florida Statutes, is amended to read:

16         430.205  Community care service system.--

17         (1)

18         (b)  For fiscal year 2002-2003 2001-2002 only, in each

19  county having a population over 2 million, the department,

20  through the area agency on aging in each county as defined in

21  s. 125.01(1), shall fund in each planning and service area

22  more than one community care service system that provides case

23  management and other in-home and community services as needed

24  to help elderly persons maintain independence and prevent or

25  delay more costly institutional care. This paragraph expires

26  July 1, 2003 2002.

27         Section 11.  In order to implement Specific

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

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

30  amended to read:

31         216.292  Appropriations nontransferable; exceptions.--

                                  12

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






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

  2  notwithstanding the other provisions of this section, the

  3  Department of Children and Family Services may transfer funds

  4  within the family safety program identified in the General

  5  Appropriations Act from identical funding sources between the

  6  following appropriation categories without limitation as long

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

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

  9  the subsequent fiscal year: adoption services and subsidy;

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

11  must be consistent with legislative policy and intent and must

12  not adversely affect achievement of approved performance

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

14  proposed transfers under this authority must be provided to

15  the Executive Office of the Governor and the chairs of the

16  legislative appropriations committees at least 5 working days

17  before their implementation. This subsection expires July 1,

18  2003 2002.

19         Section 12.  Consistent with the provisions of s.

20  216.163, Florida Statutes, in accordance with

21  performance-based program budgeting requirements, and

22  notwithstanding the provisions of s. 216.181, Florida

23  Statutes, the Department of Law Enforcement may transfer up to

24  one-half of 1 percent of the funds in Specific Appropriations

25  1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of

26  the 2002-2003 General Appropriations Act for salary bonuses

27  for departmental employees at the discretion of the executive

28  director, provided that such bonuses are given only to

29  selected employees for meritorious performance, instead of

30  being given as across-the-board bonuses for all employees.

31  The department, after consultation with the Executive Office

                                  13

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  of the Governor, shall provide a plan to the chairs of the

  2  legislative appropriations committees responsible for

  3  producing the General Appropriations Act for review before

  4  awarding such bonuses.  This section expires July 1, 2003.

  5         Section 13.  In order to implement Specific

  6  Appropriations 1195-1272 of the 2002-2003 General

  7  Appropriations Act, subsection (17) of section 216.181,

  8  Florida Statutes, is amended to read:

  9         216.181  Approved budgets for operations and fixed

10  capital outlay.--

11         (17)  Notwithstanding any other provision of this

12  section to the contrary, and for the 2002-2003 2001-2002

13  fiscal year only, the Department of Law Enforcement may

14  transfer up to 20 positions and associated budget between

15  budget entities, provided the same funding source is used

16  throughout each transfer. The department may also transfer up

17  to 10 percent of the initial approved salary rate between

18  budget entities, provided the same funding source is used

19  throughout each transfer. The department must provide notice

20  to the Executive Office of the Governor, the chair of the

21  Senate Budget Committee, and the chair of the House Committee

22  on Criminal Justice Appropriations for all transfers of

23  positions or salary rate. This subsection expires July 1, 2003

24  2002.

25         Section 14.  In order to implement proviso language

26  following Specific Appropriation 1178 of the 2002-2003 General

27  Appropriations Act, the Correctional Privatization Commission

28  may expend appropriated funds to assist in defraying the costs

29  of impacts that are incurred by a municipality or county and

30  associated with opening or operating a facility under the

31  authority of the Correctional Privatization Commission or a

                                  14

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  facility under the authority of the Department of Juvenile

  2  Justice which is located within that municipality or county.

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

  4  facility may not exceed 1 percent of the facility construction

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

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

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

  8         Section 15.  In order to implement Specific

  9  Appropriation 1291 of the 2002-2003 General Appropriations

10  Act, paragraph (b) of subsection (3) of section 16.555,

11  Florida Statutes, as created by section 8 of chapter 2001-380,

12  Laws of Florida, is amended to read:

13         16.555  Crime Stoppers Trust Fund; rulemaking.--

14         (3)

15         (b)  For the 2002-2003 2001-2002 state fiscal year

16  only, and notwithstanding any provision of this section to the

17  contrary, moneys in the trust fund may also be used to pay for

18  salaries and benefits and other expenses of the department.

19  This paragraph expires July 1, 2003 2002.

20         Section 16.  In order to implement Specific

21  Appropriations 1291 and 1322 of the 2002-2003 General

22  Appropriations Act, paragraph (b) of subsection (2) of section

23  860.158, Florida Statutes, as created by section 9 of chapter

24  2001-380, Laws of Florida, is amended to read:

25         860.158  Florida Motor Vehicle Theft Prevention Trust

26  Fund.--

27         (2)

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

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

30  the Florida Motor Vehicle Theft Prevention Trust Fund may also

31

                                  15

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  be as provided in the General Appropriations Act Senate Bill

  2  2-C.  This paragraph expires July 1, 2003 2002.

  3         Section 17.  In order to implement Specific

  4  Appropriations 1760A and 1769 of the 2002-2003 General

  5  Appropriations Act, subsection (6) is added to section

  6  375.041, Florida Statutes, to read:

  7         375.041  Land Acquisition Trust Fund.--

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

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

10  provided in the General Appropriations Act.  This subsection

11  expires July 1, 2003.

12         Section 18.  In order to implement Specific

13  Appropriations 1760A and 1769 of the 2002-2003 General

14  Appropriations Act, paragraph (d) is added to subsection (1)

15  and paragraph (f) is added to subsection (3) of section

16  403.709, Florida Statutes, to read:

17         403.709  Solid Waste Management Trust Fund; use of

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

19         (1)  There is created the Solid Waste Management Trust

20  Fund, to be administered by the department for the purposes

21  of:

22         (d)  For the 2002-2003 fiscal year only, funding issues

23  provided in the General Appropriations Act.  This paragraph

24  expires July 1, 2003.

25         (3)  Moneys allocated to the fund from waste tire fees

26  shall be used:

27         (f)  For the 2002-2003 fiscal year only, as provided in

28  the General Appropriations Act.  This paragraph expires July

29  1, 2003.

30         Section 19.  In order to implement Specific

31  Appropriations 1645 and 1769 of the 2002-2003 General

                                  16

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  Appropriations Act, subsection (11) of section 373.59, Florida

  2  Statutes, as amended by section 23 of chapter 2001-256, Laws

  3  of Florida, is amended to read:

  4         373.59  Water Management Lands Trust Fund.--

  5         (11)  Notwithstanding any provision of this section to

  6  the contrary, and for the 2002-2003 fiscal year only, the

  7  governing board of a water management district may request,

  8  and the Secretary of Environmental Protection shall release

  9  upon such request, moneys allocated to the districts pursuant

10  to subsection (8) for purposes consistent with the provisions

11  of s. 373.0361, s. 373.0831, s. 373.139, or ss.

12  373.451-373.4595 and for legislatively authorized land

13  acquisition and water restoration initiatives. No funds may be

14  used pursuant to this subsection until necessary debt service

15  obligations, requirements for payments in lieu of taxes, and

16  land management obligations that may be required by this

17  chapter are provided for.  This subsection expires July 1,

18  2003.

19         Section 20.  In order to implement Specific

20  Appropriation 1480A of the 2002-2003 General Appropriations

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

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

23  amended to read:

24         581.1845  Citrus canker eradication; compensation to

25  homeowners whose trees have been removed.--

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

27  notwithstanding the $100-compensation amount specified in

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

29  2001-254, Laws of Florida; and in proviso following Specific

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

31  amount of compensation for each tree removed from residential

                                  17

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  property by the citrus canker eradication program shall be

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

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

  4  notwithstanding the $100-compensation amount specified in

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

  6  removed from residential property by the citrus canker

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

  8  1, 2003.

  9         Section 21.  In order to implement Specific

10  Appropriation 1770 of the 2002-2003 General Appropriations

11  Act, paragraph (b) of subsection (5) of section 373.470,

12  Florida Statutes, is amended to read:

13         373.470  Everglades restoration.--

14         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--

15         (b)1.  For each year of the 10 consecutive years

16  beginning with fiscal year 2000-2001, the department shall

17  deposit $25 million of the funds allocated to the district by

18  the department under s. 259.105(11)(a) into the Save Our

19  Everglades Trust Fund created by s. 373.472.

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

21  subparagraph 1. shall not apply.  This subparagraph expires

22  July 1, 2003.

23         Section 22.  Subsection (18) is added to section

24  216.181, Florida Statutes, to read:

25         216.181  Approved budgets for operations and fixed

26  capital outlay.--

27         (18)  In order to implement Specific Appropriations

28  2237-2314, 2594-2698, and 1195-1272 of the 2002-2003 General

29  Appropriations Act, from July 1, 2002, until January 7, 2003,

30  the Department of Banking and Finance, the Department of

31  Insurance, and the Department of Law Enforcement may transfer

                                  18

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  positions and general revenue and trust funds as necessary to

  2  comply with substantive legislation passed in 2002 at the

  3  regular legislative session, any extension thereof, or any

  4  special session that amends the statutes to conform to the

  5  changes to s. 4, Art. IV of the State Constitution creating

  6  the Chief Financial Officer and that requires or specifically

  7  authorizes the transfer of positions and funds among these

  8  agencies.  Further, from January 7, 2003, until July 1, 2003,

  9  the Office of Chief Financial Officer, the Department of

10  Insurance and Financial Services, and the Department of Law

11  Enforcement may transfer positions and general revenue and

12  trust funds as necessary to comply with substantive

13  legislation passed in 2002 at the regular legislative session,

14  any extension thereof, or any special session that amends the

15  statutes to conform to the changes in s. 4, Art. IV of the

16  State Constitution creating the Chief Financial Officer and

17  that requires or specifically authorizes the transfer of

18  positions and funds among these agencies.  Consistent with the

19  provisions of s. 216.292(11), proposed transfers pursuant to

20  this subsection shall be subject to approval by the

21  Legislative Budget Commission.  This subsection expires July

22  1, 2003.

23         Section 23.  In order to implement Specific

24  Appropriation 1798A of the 2002-2003 General Appropriations

25  Act, paragraph (c) is added to subsection (2) of section

26  259.032, Florida Statutes, to read:

27         259.032  Conservation and Recreation Lands Trust Fund;

28  purpose.--

29         (2)

30         (c)  For fiscal year 2002-2003 only, moneys in the

31  Conservation and Recreation Lands Trust Fund to be distributed

                                  19

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  to Hardee, Polk, Hillsborough, Hamilton, and Manatee Counties,

  2  as specified in the General Appropriations Act, may be used

  3  for rural economic development and infrastructure purposes.

  4  This paragraph expires July 1, 2003.

  5         Section 24.  In order to implement Section 8 of the

  6  2002-2003 General Appropriations Act, subsection (7) of

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

  8         110.12315  Prescription drug program.--The state

  9  employees' prescription drug program is established.  This

10  program shall be administered by the Department of Management

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

12  established by the relevant provisions of the annual General

13  Appropriations Act and implementing legislation, subject to

14  the following conditions:

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

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

17  copayments must be made as follows:

18         (a)  Effective January 1, 2001:

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

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

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

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

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

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

25         (b)  The Department of Management Services shall create

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

27  administration of the state employees' prescription drug

28  program.

29

30  This subsection expires July 1, 2003 2002.

31

                                  20

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         Section 25.  In order to implement Section 8 of the

  2  2002-2003 General Appropriations Act, section 110.1239,

  3  Florida Statutes, is amended to read:

  4         110.1239  State group health insurance program

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

  6  the intent of the Legislature that the state group health

  7  insurance program be managed, administered, operated, and

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

  9  employee health insurance benefits. Inherent in this intent is

10  the recognition that the health insurance liabilities

11  attributable to the benefits offered state employees should be

12  fairly, orderly, and equitably funded. Accordingly:

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

14  necessary to fully fund the state group health insurance

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

16  made after each revenue estimating conference on health

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

18  December 1 and April 1 of each fiscal year.

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

20  budget, shall provide premium rates necessary for full funding

21  of the state group health insurance program, and the

22  Legislature shall provide in the General Appropriations Act

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

24  group health insurance program.

25         (3)  For purposes of funding, any additional

26  appropriation amounts allocated to the state group health

27  insurance program by the Legislature shall be considered as a

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

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

30         Section 26.  In order to implement Sections 2-7 of the

31  2002-2003 General Appropriations Act, paragraph (c) of

                                  21

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  subsection (5) and paragraph (d) of subsection (6) of section

  2  112.061, Florida Statutes, are amended to read:

  3         112.061  Per diem and travel expenses of public

  4  officers, employees, and authorized persons.--

  5         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

  6  purposes of reimbursement and methods of calculating

  7  fractional days of travel, the following principles are

  8  prescribed:

  9         (c)  For the 2002-2003 2001-2002 fiscal year only and

10  notwithstanding the other provisions of this subsection, for

11  Class C travel, a state traveler shall not be reimbursed on a

12  per diem basis nor shall a traveler receive subsistence

13  allowance.  This paragraph expires July 1, 2003 2002.

14         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

15  purposes of reimbursement rates and methods of calculation,

16  per diem and subsistence allowances are divided into the

17  following groups and rates:

18         (d)  For the 2002-2003 2001-2002 fiscal year only and

19  notwithstanding the other provisions of this subsection, for

20  Class C travel, a state traveler shall not be reimbursed on a

21  per diem basis nor shall a traveler receive subsistence

22  allowance.  This paragraph expires July 1, 2003 2002.

23         Section 27.  In order to implement Specific

24  Appropriation 1498 of the 2002-2003 General Appropriations

25  Act, paragraph (b) of subsection (8) of section 163.3184,

26  Florida Statutes, is amended to read:

27         163.3184  Process for adoption of comprehensive plan or

28  plan amendment.--

29         (8)  NOTICE OF INTENT.--

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

31  subsection, the state land planning agency shall issue,

                                  22

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  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

                                  23

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  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 28.  In order to implement Specific

24  Appropriations 1517 and 1523A of the 2002-2003 General

25  Appropriations Act, paragraph (b) of subsection (1) of section

26  252.373, Florida Statutes, is amended to read:

27         252.373  Allocation of funds; rules.--

28         (1)

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

30  and for the 2002-2003 2001-2002 fiscal year only, up to $2.2

31  million of the unencumbered balance of the Emergency

                                  24

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  Management, Preparedness, and Assistance Trust Fund shall be

  2  utilized to improve, and increase the number of, disaster

  3  shelters within the state and improve local disaster

  4  preparedness and up to $3.4 million may be utilized for the

  5  state portion of the match requirements for federally approved

  6  Hazard Mitigation Grant Program projects.  This paragraph

  7  expires on July 1, 2003 2002.

  8         Section 29.  In order to implement Specific

  9  Appropriation 2486 of the 2002-2003 General Appropriations

10  Act, subsection (11) is added to section 288.063, Florida

11  Statutes, to read:

12         288.063  Contracts for transportation projects.--

13         (11)  In addition to the other provisions of this

14  section, projects that the Legislature deems necessary to

15  facilitate the economic development and growth of the state

16  may be designated and funded in the General Appropriations

17  Act.  Such transportation projects create new employment

18  opportunities, expand transportation infrastructure, improve

19  mobility, or increase transportation innovation.  The Office

20  of Tourism, Trade, and Economic Development shall enter into

21  contracts with, and make expenditures to, the appropriate

22  entities for the costs of transportation projects designated

23  in the General Appropriations Act.  This subsection expires

24  July 1, 2003.

25         Section 30.  A section of this act that implements a

26  specific appropriation or specifically identified proviso

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

28  if the specific appropriation or specifically identified

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

30  implements more than one specific appropriation or more than

31  one portion of specifically identified proviso language in the

                                  25

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1  2002-2003 General Appropriations Act is void if all the

  2  specific appropriations or portions of specifically identified

  3  proviso language are vetoed.

  4         Section 31.  If any other act passed during the 2002

  5  Regular Session of the Legislature or any extension thereof

  6  contains a provision that is substantively the same as a

  7  provision in this act, but that removes or is otherwise not

  8  subject to the future repeal applied to such provision by this

  9  act, the Legislature intends that the provision in the other

10  act shall take precedence and shall continue to operate,

11  notwithstanding the future repeal provided by this act.

12         Section 32.  The agency performance measures and

13  standards in the document entitled "Florida's Budget 2002

14  Agency Performance Measures and Standards Approved by the

15  Legislature for Fiscal Year 2002-03" dated February 20, 2002,

16  and filed with the Clerk of the House of Representatives are

17  incorporated by reference. Such performance measures and

18  standards are directly linked to the appropriations made in

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

20  required by the Government Performance and Accountability Act

21  of 1994. State agencies are directed to revise their

22  long-range program plans required under section 216.013,

23  Florida Statutes, to be consistent with these performance

24  measures and standards.

25         Section 33.  If any provision of this act or its

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

27  invalidity shall not affect other provisions or applications

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

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

30  this act are declared severable.

31

                                  26

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






    Florida House of Representatives - 2002                HB 1945

    187-958A-02






  1         Section 34.  This act shall take effect July 1, 2002;

  2  or, in the event this act fails to become a law until after

  3  that date, it shall take effect upon becoming a law and shall

  4  operate retroactively to July 1, 2002.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Provides guidelines for implementing the 2002-2003
  9    General Appropriations Act.  Adopts state agency program
      performance measures and standards.  See bill for
10    details.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  27

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