House Bill hb1945e2

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                                     HB 1945, Second Engrossed/ntc



  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. 236.081, F.S.; deferring

23         application of a method for adjusting a school

24         district's full-time equivalent membership;

25         providing district school boards flexibility in

26         the use of certain categorical appropriations

27         for purposes of academic classroom instruction;

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

29         Department of Children and Family Services and

30         the Department of Health to advance certain

31         moneys for certain contract services; amending


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                                     HB 1945, Second Engrossed/ntc



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

  2         Department of Elderly Affairs to fund certain

  3         community care services and core services for

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

  5         authorizing the Department of Children and

  6         Family Services to transfer funds within the

  7         family safety program; authorizing the

  8         Department of Law Enforcement to use certain

  9         moneys to provide bonuses to employees for

10         meritorious performance, subject to review;

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

12         Department of Law Enforcement to transfer

13         positions and associated budget and a certain

14         percentage of salary rate between budget

15         entities and providing requirements with

16         respect thereto; authorizing the Correctional

17         Privatization Commission to make certain

18         expenditures to defray costs incurred by a

19         municipality or county as a result of opening

20         or operating a facility under authority of the

21         commission or the Department of Juvenile

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

23         use of the Crime Stoppers Trust Fund to pay for

24         salaries and benefits and other expenses of the

25         Department of Legal Affairs; amending s.

26         860.158, F.S.; providing directives for the use

27         of moneys in the Florida Motor Vehicle Theft

28         Prevention Trust Fund; amending s. 375.041,

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

30         the Land Acquisition Trust Fund as provided in

31         the General Appropriations Act; amending s.


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                                     HB 1945, Second Engrossed/ntc



  1         403.709, F.S.; providing for use of moneys

  2         allocated to the Solid Waste Management Trust

  3         Fund as provided in the General Appropriations

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

  5         release of certain moneys by the Secretary of

  6         Environmental Protection to water management

  7         districts, upon request; amending s. 581.1845,

  8         F.S.; prescribing the amount of compensation

  9         for trees taken in canker eradication programs;

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

11         requirement to deposit certain funds into the

12         Save Our Everglades Trust Fund; amending s.

13         216.181, F.S.; allowing transfers of positions

14         and funds among departments necessary for

15         implementation of the office of Chief Financial

16         Officer; requiring approval by the Legislative

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

18         allowing Conservation and Recreation Lands

19         Trust Fund distributions to certain counties to

20         be used for rural economic development and

21         infrastructure purposes; amending s. 403.7095,

22         F.S.; prescribing conditions on solid waste

23         management and recycling grants; amending s.

24         110.12315, F.S.; providing copayment

25         requirements for the state employees'

26         prescription drug program; providing for a

27         preferred brand name drug list to be used in

28         the administration of such program; amending s.

29         110.1239, F.S.; providing requirements for the

30         funding of the state group health insurance

31         program; amending s. 112.061, F.S.; providing


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                                     HB 1945, Second Engrossed/ntc



  1         for computation of travel time and

  2         reimbursement for public officers' and

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

  4         prescribing standards for the state land

  5         planning agency to use when issuing notice of

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

  7         the use of certain funds to improve local

  8         disaster preparedness; amending s. 288.063,

  9         F.S.; providing that certain transportation

10         projects may be designated and funded by the

11         Legislature as necessary for economic

12         development; providing for future repeal or

13         expiration of various provisions; providing

14         effect of veto of specific appropriation or

15         proviso to which implementing language refers;

16         providing applicability to other legislation;

17         incorporating by reference specified

18         performance measures and standards directly

19         linked to the appropriations made in the

20         2001-2002 General Appropriations Act, as

21         required by the Government Performance and

22         Accountability Act of 1994; providing

23         severability; providing an effective date.

24

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

26

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

28  the implementing and administering provisions of this act

29  apply to the General Appropriations Act for fiscal year

30  2002-2003.

31


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                                     HB 1945, Second Engrossed/ntc



  1         Section 2.  In order to implement Specific

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

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

  4  236.081, Florida Statutes, as amended by section 1 of chapter

  5  2001-47 and section 4 of chapter 2001-254, Laws of Florida,

  6  are amended to read:

  7         236.081  Funds for operation of schools.--If the annual

  8  allocation from the Florida Education Finance Program to each

  9  district for operation of schools is not determined in the

10  annual appropriations act or the substantive bill implementing

11  the annual appropriations act, it shall be determined as

12  follows:

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

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

15  determining the annual allocation to each district for

16  operation:

17         (k)  Calculation of additional full-time equivalent

18  membership based on international baccalaureate examination

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

20  student membership shall be calculated for each student

21  enrolled in an international baccalaureate course who receives

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

23  0.3 full-time equivalent student membership shall be

24  calculated for each student who receives an international

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

26  full-time equivalent student membership in basic programs for

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

28  1997-1998, 1998-1999, and 1999-2000 school years of the pilot

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

30  Advanced International Certificate of Education Program shall

31  generate full-time equivalent student membership in a manner


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                                     HB 1945, Second Engrossed/ntc



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

  2  the International Baccalaureate Program generate full-time

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

  4  40 students in each participating school district is

  5  authorized to generate full-time equivalent student membership

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

  7  of 80 students per year in each participating school district

  8  is authorized to generate full-time equivalent student

  9  membership in the pilot program. The school district shall

10  distribute to each classroom teacher who provided

11  international baccalaureate instruction:

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

13  taught by the International Baccalaureate teacher in each

14  international baccalaureate course who receives a score of 4

15  or higher on the international baccalaureate examination.

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

17  Baccalaureate teacher in a school designated performance grade

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

19  higher on the international baccalaureate examination,

20  regardless of the number of classes taught or of the number of

21  students scoring a 4 or higher on the international

22  baccalaureate examination.

23

24  Bonuses awarded to a teacher according to this paragraph shall

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

26  addition to any regular wage or other bonus the teacher

27  received or is scheduled to receive.

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

29  annually in the General Appropriations Act determine a

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

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


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                                     HB 1945, Second Engrossed/ntc



  1  shall be calculated from prior year base funding per

  2  unweighted weighted FTE student which shall include the

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

  4  guarantee funds, and actual nonvoted discretionary local

  5  effort from taxes. From the base funding per unweighted

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

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

  8  determined shall include the adjusted FTE dollars as provided

  9  in subsection (9) and potential nonvoted discretionary local

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

11  unweighted weighted FTE to prior year funds per unweighted

12  weighted FTE shall be computed. For those school districts

13  which have less than the legislatively assigned percentage

14  increase, funds shall be provided to guarantee the assigned

15  percentage increase in funds per unweighted weighted FTE

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

17  this calculated amount for all districts, the commissioner

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

19  be implemented to the extent specifically funded.

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

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

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

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

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

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

26  operate to the extent that such amendments are not dependent

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

28  provisions of this act.

29         Section 4.  In order to implement Specific

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

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


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                                     HB 1945, Second Engrossed/ntc



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

  2  amended to read:

  3         240.116  Articulated acceleration.--

  4         (6)  The International Baccalaureate Program shall be

  5  the curriculum in which eligible secondary students are

  6  enrolled in a program of studies offered through the

  7  International Baccalaureate Program administered by the

  8  International Baccalaureate Office.  The State Board of

  9  Education shall establish rules which specify the cutoff

10  scores and International Baccalaureate Examinations which will

11  be used to grant postsecondary credit at community colleges

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

13  raising the required cutoff score or of changing the

14  International Baccalaureate Examinations which will be used to

15  grant postsecondary credit, shall only apply to students

16  taking International Baccalaureate Examinations after such

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

18  shall be awarded a maximum of 30 semester credit hours

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

20  student receives such credit shall be determined by the

21  community college or university that accepts the student for

22  admission.  Students enrolled pursuant to this subsection

23  shall be exempt from the payment of any fees for

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

25  1998-1999, and 1999-2000 school years, the Department of

26  Education shall assist up to three school districts in

27  conducting a pilot of the Advanced International Certificate

28  of Education Program administered by the University of

29  Cambridge Local Examinations Syndicate. The department shall

30  produce an evaluation report and recommendations regarding the

31  comparability of the Advanced International Certificate of


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                                     HB 1945, Second Engrossed/ntc



  1  Education Program to the International Baccalaureate Program

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

  3  Speaker of the House of Representatives on or before October

  4  1, 2000.

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

  6  240.116, Florida Statutes, by this act shall expire on July 1,

  7  2003, and the text of that subsection shall revert to that in

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

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

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

11  dependent upon the portions of such text which expire pursuant

12  to the provisions of this act.

13         Section 6.  In order to implement Specific

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

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

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

17  amended to read:

18         229.085  Custody of educational funds.--

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

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

21  employed to plan and administer grants or contracts for

22  specific projects shall be considered in time-limited

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

24  completion of the project, whichever first occurs.  Such

25  employees shall not acquire retention rights under the Career

26  Service System. Any employee holding permanent career service

27  status in a Department of Education position who is appointed

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

29  Fund shall retain such permanent status in the career service

30  position.

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                                     HB 1945, Second Engrossed/ntc



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

  2  contracts for specific projects, the employment of personnel

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

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

  5  1, 2003.

  6         Section 7.  In order to implement Specific

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

  8  2002-2003 General Appropriations Act:

  9         (1)  Universities in the State University System shall

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

11  2002-2003 but are not required to provide funds to the

12  Department of Banking and Finance for its utilization.

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

14  216.292, and 240.2094 and pursuant to s. 216.351, Florida

15  Statutes, funds appropriated or reappropriated to the state

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

17  any other act passed by the 2002 Legislature containing

18  appropriations, shall be distributed to each university

19  according to the 2002-2003 fiscal year operating budget

20  approved by the university board of trustees.  Each university

21  board of trustees shall have authority to amend the operating

22  budget as circumstances warrant.  The operating budget may

23  utilize traditional appropriation categories or it may

24  consolidate the appropriations 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 by journal transfer the distribution of the

28  appropriated funds and releases according to the approved

29  operating budget to the appropriation accounts established for

30  disbursement purposes for each university within the state

31  accounting system (FLAIR).


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                                     HB 1945, Second Engrossed/ntc



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

  2  216.292, 240.241, and 240.277 and pursuant to s. 216.351,

  3  Florida Statutes, each university board of trustees shall

  4  include in an approved operating budget the revenue in trust

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

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

  7  Enterprises, and Sponsored Research budget entities.  The

  8  university board of trustees shall have the authority to amend

  9  the operating budget as circumstances warrant.  The operating

10  budget may utilize traditional appropriation categories or it

11  may consolidate the trust fund spending authority into a

12  special category appropriation account.  The Comptroller or

13  Chief Financial Officer, upon the request of the university

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

15  fund spending authority and releases according to the approved

16  operating budget to the appropriation accounts established for

17  disbursement purposes for each university within the state

18  accounting system (FLAIR).

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

20         Section 8.  In order to implement Specific

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

22  paragraph (a) of subsection (1) of section 236.081, Florida

23  Statutes, is amended to read:

24         236.081  Funds for operation of schools.--If the annual

25  allocation from the Florida Education Finance Program to each

26  district for operation of schools is not determined in the

27  annual appropriations act or the substantive bill implementing

28  the annual appropriations act, it shall be determined as

29  follows:

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

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


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                                     HB 1945, Second Engrossed/ntc



  1  determining the annual allocation to each district for

  2  operation:

  3         (a)  Determination of full-time equivalent

  4  membership.--During each of several school weeks, including

  5  scheduled intersessions of a year-round school program during

  6  the fiscal year, a program membership survey of each school

  7  shall be made by each district by aggregating the full-time

  8  equivalent student membership of each program by school and by

  9  district. The department shall establish the number and

10  interval of membership calculations, except that for basic and

11  special programs such calculations shall not exceed nine for

12  any fiscal year. The district's full-time equivalent

13  membership shall be computed and currently maintained in

14  accordance with regulations of the commissioner. Beginning

15  with the 1999-2000 school year, each school district shall

16  also document the daily attendance of each student in

17  membership by school and by district. An average daily

18  attendance factor shall be computed by dividing the total

19  daily attendance of all students by the total number of

20  students in membership and then by the number of days in the

21  regular school year. Beginning with the 2003-2004 2002-2003

22  school year, the district's full-time equivalent membership

23  shall be adjusted by multiplying by the average daily

24  attendance factor.

25         Section 9.  In order to implement Specific

26  Appropriations 5, 105, 106A, 107, and 108 of the 2002-2003

27  General Appropriations Act, for the 2002-2003 state fiscal

28  year only, and notwithstanding the provisions of ss.

29  236.081(3), 236.08104, 236.083, and 237.34(3)(b), Florida

30  Statutes, each district school board may use and shall report

31


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                                     HB 1945, Second Engrossed/ntc



  1  the use of funds allocated to the school district from such

  2  appropriations as provided below:

  3         (1)  If a district school board declares in a

  4  resolution adopted at a regular meeting of the board that the

  5  funds received for any of the following categorical

  6  appropriations are urgently needed to maintain academic

  7  classroom instruction specified by the board, the board may

  8  approve an amendment to the district's operating budget

  9  transferring the identified amount of the categorical funds to

10  the appropriate account for expenditure:

11         (a)  Student transportation: Specific Appropriation

12  107.

13         (b)  Teacher training: Specific Appropriations 5 and

14  108.

15         (c)  Safe schools: Specific Appropriation 105.

16         (d)  Public school technology: Specific Appropriation

17  106A.

18         (e)  Supplemental academic instruction: Specific

19  Appropriation 105.

20         (2)  Each district school board shall include in its

21  annual financial report to the Department of Education

22  required pursuant to s. 237.34, Florida Statutes, the amount

23  of funds the board transferred from each of the categorical

24  appropriations specified in subsection (1) and the specific

25  academic classroom instruction for which the transferred funds

26  were expended.  The Department of Education shall provide

27  instructions and specify the format to be used in submitting

28  this required information as a part of such annual financial

29  report.

30         Section 10.  In order to implement Specific

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


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                                     HB 1945, Second Engrossed/ntc



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

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

  3         216.181  Approved budgets for operations and fixed

  4  capital outlay.--

  5         (16)

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

  7  funds appropriated to the Department of Children and Family

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

  9  Department of Health in Specific Appropriations 491-650

10  503-637 of the 2002-2003 2001-2002 General Appropriations Act

11  may be advanced, unless specifically prohibited in such

12  General Appropriations Act, for those contracted services that

13  were approved for advancement by the Comptroller in fiscal

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

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

16  2003 2002.

17         Section 11.  In order to implement Specific

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

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

20  Florida Statutes, is amended to read:

21         430.204  Community-care-for-the-elderly core services;

22  departmental powers and duties.--

23         (1)

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

25  county having a population over 2 million, the department

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

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

28  service system the primary purpose of which is the prevention

29  of unnecessary institutionalization of functionally impaired

30  elderly persons through the provision of community-based core

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


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                                     HB 1945, Second Engrossed/ntc



  1         Section 12.  In order to implement Specific

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

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

  4  Florida Statutes, is amended to read:

  5         430.205  Community care service system.--

  6         (1)

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

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

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

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

11  more than one community care service system that provides case

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

13  to help elderly persons maintain independence and prevent or

14  delay more costly institutional care. This paragraph expires

15  July 1, 2003 2002.

16         Section 13.  In order to implement Specific

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

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

19  amended to read:

20         216.292  Appropriations nontransferable; exceptions.--

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

22  notwithstanding the other provisions of this section, the

23  Department of Children and Family Services may transfer funds

24  within the family safety program identified in the General

25  Appropriations Act from identical funding sources between the

26  following appropriation categories without limitation as long

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

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

29  the subsequent fiscal year: adoption services and subsidy;

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

31  must be consistent with legislative policy and intent and must


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                                     HB 1945, Second Engrossed/ntc



  1  not adversely affect achievement of approved performance

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

  3  proposed transfers under this authority must be provided to

  4  the Executive Office of the Governor and the chairs of the

  5  legislative appropriations committees at least 5 working days

  6  before their implementation. This subsection expires July 1,

  7  2003 2002.

  8         Section 14.  Consistent with the provisions of s.

  9  216.163, Florida Statutes, in accordance with

10  performance-based program budgeting requirements, and

11  notwithstanding the provisions of s. 216.181, Florida

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

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

14  1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of

15  the 2002-2003 General Appropriations Act for salary bonuses

16  for departmental employees at the discretion of the executive

17  director, provided that such bonuses are given only to

18  selected employees for meritorious performance, instead of

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

20  The department, after consultation with the Executive Office

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

22  legislative appropriations committees responsible for

23  producing the General Appropriations Act for review before

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

25         Section 15.  In order to implement Specific

26  Appropriations 1195-1272 of the 2002-2003 General

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

28  Florida Statutes, is amended to read:

29         216.181  Approved budgets for operations and fixed

30  capital outlay.--

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                                     HB 1945, Second Engrossed/ntc



  1         (17)  Notwithstanding any other provision of this

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

  3  fiscal year only, the Department of Law Enforcement may

  4  transfer up to 20 positions and associated budget between

  5  budget entities, provided the same funding source is used

  6  throughout each transfer. The department may also transfer up

  7  to 10 percent of the initial approved salary rate between

  8  budget entities, provided the same funding source is used

  9  throughout each transfer. The department must provide notice

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

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

12  on Criminal Justice Appropriations for all transfers of

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

14  2002.

15         Section 16.  In order to implement proviso language

16  following Specific Appropriation 1178 of the 2002-2003 General

17  Appropriations Act, the Correctional Privatization Commission

18  may expend appropriated funds to assist in defraying the costs

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

20  associated with opening or operating a facility under the

21  authority of the Correctional Privatization Commission or a

22  facility under the authority of the Department of Juvenile

23  Justice which is located within that municipality or county.

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

25  facility may not exceed 1 percent of the facility construction

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

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

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

29         Section 17.  In order to implement Specific

30  Appropriation 1291 of the 2002-2003 General Appropriations

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


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

  2  Laws of Florida, is amended to read:

  3         16.555  Crime Stoppers Trust Fund; rulemaking.--

  4         (3)

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

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

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

  8  salaries and benefits and other expenses of the department.

  9  This paragraph expires July 1, 2003 2002.

10         Section 18.  In order to implement Specific

11  Appropriations 1291 and 1322 of the 2002-2003 General

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

13  860.158, Florida Statutes, as created by section 9 of chapter

14  2001-380, Laws of Florida, is amended to read:

15         860.158  Florida Motor Vehicle Theft Prevention Trust

16  Fund.--

17         (2)

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

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

20  the Florida Motor Vehicle Theft Prevention Trust Fund may also

21  be as provided in the General Appropriations Act Senate Bill

22  2-C.  This paragraph expires July 1, 2003 2002.

23         Section 19.  In order to implement Specific

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

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

26  375.041, Florida 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.


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  1         Section 20.  In order to implement Specific

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

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

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

  5  403.709, Florida Statutes, to read:

  6         403.709  Solid Waste Management Trust Fund; use of

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

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

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

10  of:

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

12  provided in the General Appropriations Act.  This paragraph

13  expires July 1, 2003.

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

15  shall be used:

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

17  the General Appropriations Act.  This paragraph expires July

18  1, 2003.

19         Section 21.  In order to implement Specific

20  Appropriations 1645 and 1769 of the 2002-2003 General

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

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

23  of Florida, is amended to read:

24         373.59  Water Management Lands Trust Fund.--

25         (11)  Notwithstanding any provision of this section to

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

27  governing board of a water management district may request,

28  and the Secretary of Environmental Protection shall release

29  upon such request, moneys allocated to the districts pursuant

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

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


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  1  373.451-373.4595 and for legislatively authorized land

  2  acquisition and water restoration initiatives. No funds may be

  3  used pursuant to this subsection until necessary debt service

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

  5  land management obligations that may be required by this

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

  7  2003.

  8         Section 22.  In order to implement Specific

  9  Appropriation 1480A of the 2002-2003 General Appropriations

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

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

12  amended to read:

13         581.1845  Citrus canker eradication; compensation to

14  homeowners whose trees have been removed.--

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

16  notwithstanding the $100-compensation amount specified in

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

18  2001-254, Laws of Florida; and in proviso following Specific

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

20  amount of compensation for each tree removed from residential

21  property by the citrus canker eradication program shall be

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

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

24  notwithstanding the $100-compensation amount specified in

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

26  removed from residential property by the citrus canker

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

28  1, 2003.

29         Section 23.  In order to implement Specific

30  Appropriation 1770 of the 2002-2003 General Appropriations

31


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                                     HB 1945, Second Engrossed/ntc



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

  2  Florida Statutes, is amended to read:

  3         373.470  Everglades restoration.--

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

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

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

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

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

  9  Everglades Trust Fund created by s. 373.472.

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

11  subparagraph 1. shall not apply.  This subparagraph expires

12  July 1, 2003.

13         Section 24.  Subsection (18) is added to section

14  216.181, Florida Statutes, to read:

15         216.181  Approved budgets for operations and fixed

16  capital outlay.--

17         (18)  In order to implement Specific Appropriations

18  2237-2314, 2594-2698, and 1195-1272 of the 2002-2003 General

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

20  the Department of Banking and Finance, the Department of

21  Insurance, and the Department of Law Enforcement may transfer

22  positions and general revenue and trust funds as necessary to

23  comply with substantive legislation passed in 2002 at the

24  regular legislative session, any extension thereof, or any

25  special session that amends the statutes to conform to the

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

27  the Chief Financial Officer and that requires or specifically

28  authorizes the transfer of positions and funds among these

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

30  the Office of Chief Financial Officer, the Department of

31  Insurance and Financial Services, and the Department of Law


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                                     HB 1945, Second Engrossed/ntc



  1  Enforcement may transfer positions and general revenue and

  2  trust funds as necessary to comply with substantive

  3  legislation passed in 2002 at the regular legislative session,

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

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

  6  State Constitution creating the Chief Financial Officer and

  7  that requires or specifically authorizes the transfer of

  8  positions and funds among these agencies.  Consistent with the

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

10  this subsection shall be subject to approval by the

11  Legislative Budget Commission.  This subsection expires July

12  1, 2003.

13         Section 25.  In order to implement Specific

14  Appropriation 1798A of the 2002-2003 General Appropriations

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

16  259.032, Florida Statutes, to read:

17         259.032  Conservation and Recreation Lands Trust Fund;

18  purpose.--

19         (2)

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

21  Conservation and Recreation Lands Trust Fund to be distributed

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

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

24  for rural economic development and infrastructure purposes.

25  This paragraph expires July 1, 2003.

26         Section 26.  In order to implement Specific

27  Appropriation 1819 of the 2002-2003 General Appropriations

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

29  amended to read:

30         403.7095  Solid waste management grant program.--

31


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                                     HB 1945, Second Engrossed/ntc



  1         (8)  Notwithstanding the provisions of this section,

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

  3  provide solid waste management and recycling grants only to

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

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

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

  7  2002.

  8         Section 27.  In order to implement Section 8 of the

  9  2002-2003 General Appropriations Act, subsection (7) of

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

11         110.12315  Prescription drug program.--The state

12  employees' prescription drug program is established.  This

13  program shall be administered by the Department of Management

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

15  established by the relevant provisions of the annual General

16  Appropriations Act and implementing legislation, subject to

17  the following conditions:

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

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

20  copayments must be made as follows:

21         (a)  Effective January 1, 2001:

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

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

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

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

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

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

28         (b)  The Department of Management Services shall create

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

30  administration of the state employees' prescription drug

31  program.


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                                     HB 1945, Second Engrossed/ntc



  1

  2  This subsection expires July 1, 2003 2002.

  3         Section 28.  In order to implement Section 8 of the

  4  2002-2003 General Appropriations Act, section 110.1239,

  5  Florida Statutes, is amended to read:

  6         110.1239  State group health insurance program

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

  8  the intent of the Legislature that the state group health

  9  insurance program be managed, administered, operated, and

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

11  employee health insurance benefits. Inherent in this intent is

12  the recognition that the health insurance liabilities

13  attributable to the benefits offered state employees should be

14  fairly, orderly, and equitably funded. Accordingly:

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

16  necessary to fully fund the state group health insurance

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

18  made after each revenue estimating conference on health

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

20  December 1 and April 1 of each fiscal year.

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

22  budget, shall provide premium rates necessary for full funding

23  of the state group health insurance program, and the

24  Legislature shall provide in the General Appropriations Act

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

26  group health insurance program.

27         (3)  For purposes of funding, any additional

28  appropriation amounts allocated to the state group health

29  insurance program by the Legislature shall be considered as a

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

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


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                                     HB 1945, Second Engrossed/ntc



  1         Section 29.  In order to implement Sections 2-7 of the

  2  2002-2003 General Appropriations Act, paragraph (c) of

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

  4  112.061, Florida Statutes, are amended to read:

  5         112.061  Per diem and travel expenses of public

  6  officers, employees, and authorized persons.--

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

  8  purposes of reimbursement and methods of calculating

  9  fractional days of travel, the following principles are

10  prescribed:

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

12  notwithstanding the other provisions of this subsection, for

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

14  per diem basis nor shall a traveler receive subsistence

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

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

17  purposes of reimbursement rates and methods of calculation,

18  per diem and subsistence allowances are divided into the

19  following groups and rates:

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

21  notwithstanding the other provisions of this subsection, for

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

23  per diem basis nor shall a traveler receive subsistence

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

25         Section 30.  In order to implement Specific

26  Appropriation 1498 of the 2002-2003 General Appropriations

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

28  Florida Statutes, is amended to read:

29         163.3184  Process for adoption of comprehensive plan or

30  plan amendment.--

31         (8)  NOTICE OF INTENT.--


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                                     HB 1945, Second Engrossed/ntc



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

  2  subsection, the state land planning agency shall issue,

  3  through a senior administrator or the secretary, as specified

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

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

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

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

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

  9  The required advertisement shall be no less than 2 columns

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

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

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

13  legal notices and classified advertisements appear.  The

14  advertisement shall be published in a newspaper which meets

15  the size and circulation requirements set forth in paragraph

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

17  affected local government at the time of transmittal of the

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

19  notice of intent in the newspaper designated by the local

20  government shall be prima facie evidence of compliance with

21  the publication requirements of this section.

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

23  provisions of this subparagraph shall supersede the provisions

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

25  subsection, the state land planning agency shall issue,

26  through a senior administrator or the secretary, as specified

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

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

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

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

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


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                                     HB 1945, Second Engrossed/ntc



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

  2  advertisement shall be published in a newspaper that meets the

  3  size and circulation requirements set forth in paragraph

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

  5  affected local government at the time of transmittal of the

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

  7  notice of intent in the newspaper designated by the local

  8  government shall be prima facie evidence of compliance with

  9  the publication requirements of this section. The state land

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

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

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

13  send by regular mail a courtesy informational statement to

14  persons who provide their names and addresses to the local

15  government at the transmittal hearing or at the adoption

16  hearing where the local government has provided the names and

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

18  transmittal of the adopted amendment. The informational

19  statements shall include the name of the newspaper in which

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

21  publication, the ordinance number of the plan or plan

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

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

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

25         Section 31.  In order to implement Specific

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

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

28  252.373, Florida Statutes, is amended to read:

29         252.373  Allocation of funds; rules.--

30         (1)

31


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                                     HB 1945, Second Engrossed/ntc



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

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

  3  million of the unencumbered balance of the Emergency

  4  Management, Preparedness, and Assistance Trust Fund shall be

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

  6  shelters within the state and improve local disaster

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

  8  state portion of the match requirements for federally approved

  9  Hazard Mitigation Grant Program projects.  This paragraph

10  expires on July 1, 2003 2002.

11         Section 32.  In order to implement Specific

12  Appropriation 2486 of the 2002-2003 General Appropriations

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

14  Statutes, to read:

15         288.063  Contracts for transportation projects.--

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

17  section, projects that the Legislature deems necessary to

18  facilitate the economic development and growth of the state

19  may be designated and funded in the General Appropriations

20  Act.  Such transportation projects create new employment

21  opportunities, expand transportation infrastructure, improve

22  mobility, or increase transportation innovation.  The Office

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

24  contracts with, and make expenditures to, the appropriate

25  entities for the costs of transportation projects designated

26  in the General Appropriations Act.  This subsection expires

27  July 1, 2003.

28         Section 33.  A section of this act that implements a

29  specific appropriation or specifically identified proviso

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

31  if the specific appropriation or specifically identified


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                                     HB 1945, Second Engrossed/ntc



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

  2  implements more than one specific appropriation or more than

  3  one portion of specifically identified proviso language in the

  4  2002-2003 General Appropriations Act is void if all the

  5  specific appropriations or portions of specifically identified

  6  proviso language are vetoed.

  7         Section 34.  If any other act passed during the 2002

  8  Regular Session of the Legislature or any extension thereof

  9  contains a provision that is substantively the same as a

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

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

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

13  act shall take precedence and shall continue to operate,

14  notwithstanding the future repeal provided by this act.

15         Section 35.  The agency performance measures and

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

17  Agency Performance Measures and Standards Approved by the

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

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

20  incorporated by reference. Such performance measures and

21  standards are directly linked to the appropriations made in

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

23  required by the Government Performance and Accountability Act

24  of 1994. State agencies are directed to revise their

25  long-range program plans required under section 216.013,

26  Florida Statutes, to be consistent with these performance

27  measures and standards.

28         Section 36.  If any provision of this act or its

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

30  invalidity shall not affect other provisions or applications

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


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                                     HB 1945, Second Engrossed/ntc



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

  2  this act are declared severable.

  3         Section 37.  This act shall take effect July 1, 2002;

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

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

  6  operate retroactively to July 1, 2002.

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