Senate Bill sb2502e1

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    SB 2502                                        First Engrossed



  1                      A bill to be entitled

  2         An act implementing the 2002-2003 General

  3         Appropriations Act; providing legislative

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

  5         the percentage of funds from the financial aid

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

  7         revising provisions relating to an annual

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

  9         State University System employees from

10         enrolling in tuition-free courses; providing

11         accounting requirements for the state

12         universities for the 2002-2003 fiscal year;

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

14         Department of Children and Family Services to

15         transfer funding between certain services;

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

17         additional positions to operate additional

18         prison bed capacity under certain

19         circumstances; authorizing the Correctional

20         Privatization Commission to make certain

21         expenditures to defray costs incurred by a

22         municipality or county as a result of opening

23         or operating a facility under the authority of

24         the commission or the Department of Juvenile

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

26         uses of the County Article V Trust Fund;

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

28         amount of compensation for trees taken in

29         canker eradication programs; amending s.

30         252.373, F.S.; providing for use of the

31         Emergency Management, Preparedness, and


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    SB 2502                                        First Engrossed



  1         Assistance Trust Fund; amending s. 163.3184,

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

  3         planning agency to use when issuing notice of

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

  5         for use of moneys in the Land Acquisition Trust

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

  7         use of moneys in the Solid Waste Management

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

  9         prescribing conditions on solid waste

10         management and recycling grants; providing for

11         extension of time for repayment of specified

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

13         402.3017, F.S.; providing for administration of

14         the Teacher Education and Compensation Helps

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

16         exempting products made from certain citrus

17         fruit from the equalizing excise tax; requiring

18         the Department of Management Services to charge

19         all persons receiving transportation from the

20         executive aircraft pool a specified rate;

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

22         requirements for the funding of the state group

23         health insurance program; amending s.

24         110.12315, F.S.; providing copayment

25         requirements for the state employees'

26         prescription drug program; amending s. 443.036,

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

28         of an alternative base period for unemployment

29         compensation; providing requirements and

30         limitations; requiring employers to respond to

31         requests for information by the Agency for


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    SB 2502                                        First Engrossed



  1         Workforce Innovation; providing a penalty for

  2         failure to respond; providing for adjustments

  3         in determinations of monetary eligibility;

  4         providing effect of veto of specific

  5         appropriation or proviso to which implementing

  6         language refers; incorporating by reference

  7         specified performance measures and standards

  8         directly linked to the appropriations made in

  9         the 2002-2003 General Appropriations Act, as

10         required by the Government Performance and

11         Accountability Act of 1994; limiting

12         expenditures for noncommercial sustained

13         announcements and public-service announcements;

14         providing effective dates.

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 161 of the 2002-2003 General Appropriations Act,

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

25  amended to read:

26         240.35  Student fees.--Unless otherwise provided, the

27  provisions of this section apply only to fees charged for

28  college credit instruction leading to an associate in arts

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

30  associate in science degree and noncollege credit

31  college-preparatory courses defined in s. 239.105.


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    SB 2502                                        First Engrossed



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

  2  establish a separate fee for financial aid purposes in an

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

  4  total student tuition or matriculation fees collected.  Each

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

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

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

  8  a community college that charges tuition and matriculation

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

10  may transfer from the general current fund to the scholarship

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

12  the amount generated by the total financial aid fee

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

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

15  known, is authorized.

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

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

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

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

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

21  may be carried forward unexpended to the following fiscal

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

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

24  balance of funds carried forward unexpended to the following

25  fiscal year.

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

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

28  assist students who demonstrate academic merit; who

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

30  other extracurricular programs as determined by the

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


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    SB 2502                                        First Engrossed



  1  gender or ethnic minority population. The financial aid fee

  2  revenues allocated for athletic scholarships and fee

  3  exemptions provided pursuant to subsection (17) for athletes

  4  shall be distributed equitably as required by s.

  5  228.2001(3)(d).  A minimum of 75 50 percent of the balance of

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

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

  8  shall be used for academic merit purposes and other purposes

  9  approved by the district boards of trustees.  Such other

10  purposes shall include the payment of child care fees for

11  students with financial need. The State Board of Community

12  Colleges shall develop criteria for making financial aid

13  awards.  Each college shall report annually to the Department

14  of Education on the revenue collected pursuant to this

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

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

17  criterion, and a delineation of the distribution of such

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

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

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

21  Awards which are based on financial need shall be distributed

22  in accordance with a nationally recognized system of need

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

24  award for academic merit shall require a minimum overall grade

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

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

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

28  administrative purposes or salaries.

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

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

31  amended to read:


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    SB 2502                                        First Engrossed



  1         240.35  Student fees.--Unless otherwise provided, the

  2  provisions of this section apply only to fees charged for

  3  college credit instruction leading to an associate in arts

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

  5  associate in science degree and noncollege credit

  6  college-preparatory courses defined in s. 239.105.

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

  8  establish a separate fee for financial aid purposes in an

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

10  total student tuition or matriculation fees collected.  Each

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

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

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

14  a community college that charges tuition and matriculation

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

16  may transfer from the general current fund to the scholarship

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

18  the amount generated by the total financial aid fee

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

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

21  known, is authorized.

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

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

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

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

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

27  may be carried forward unexpended to the following fiscal

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

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

30  balance of funds carried forward unexpended to the following

31  fiscal year.


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

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

  3  assist students who demonstrate academic merit; who

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

  5  other extracurricular programs as determined by the

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

  7  gender or ethnic minority population. The financial aid fee

  8  revenues allocated for athletic scholarships and fee

  9  exemptions provided pursuant to subsection (17) for athletes

10  shall be distributed equitably as required by s.

11  228.2001(3)(d).  A minimum of 50 75 percent of the balance of

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

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

14  shall be used for academic merit purposes and other purposes

15  approved by the district boards of trustees.  Such other

16  purposes shall include the payment of child care fees for

17  students with financial need. The State Board of Community

18  Colleges shall develop criteria for making financial aid

19  awards.  Each college shall report annually to the Department

20  of Education on the revenue collected pursuant to this

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

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

23  criterion, and a delineation of the distribution of such

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

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

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

27  Awards which are based on financial need shall be distributed

28  in accordance with a nationally recognized system of need

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

30  award for academic merit shall require a minimum overall grade

31


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    SB 2502                                        First Engrossed



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

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

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

  4  administrative purposes or salaries.

  5         Section 4.  In order to implement Specific

  6  Appropriation 166A of the 2002-2003 General Appropriations

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

  8  amended to read:

  9         240.209  Board of Regents; powers and duties.--

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

11  full-time State University System employees who meet academic

12  requirements to enroll for up to 6 credit hours of

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

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

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

16  Regents is not authorized to permit State University System

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

18  expires July 1, 2003 2002.

19         Section 5.  In order to implement Specific

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

21  Appropriations Act:

22         (1)  Universities in the State University System shall

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

24  2002-2003 but are not required to provide funds to the

25  Department of Banking and Finance for its utilization.

26         (2)  Notwithstanding the provisions of sections

27  216.181, 216.292, and 240.2094, Florida Statutes, and pursuant

28  to section 216.351, Florida Statutes, funds appropriated or

29  reappropriated to the state universities in the 2002-2003

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

31  2002 Legislature containing appropriations, shall be


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  1  distributed to each university according to the 2002-2003

  2  fiscal year operating budget approved by the university board

  3  of trustees.  Each university board of trustees shall have

  4  authority to amend the operating budget as circumstances

  5  warrant.  The operating budget may utilize traditional

  6  appropriation categories or it may consolidate the

  7  appropriations into a special category appropriation account.

  8  The Comptroller or Chief Financial Officer, upon the request

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

10  transfer the distribution of the appropriated funds and

11  releases according to the approved operating budget to the

12  appropriation accounts established for disbursement purposes

13  for each university within the state accounting system

14  (FLAIR).

15         (3)  Notwithstanding the provisions of sections

16  216.181, 216.292, 240.241, and 240.277, Florida Statutes, and

17  pursuant to section 216.351, Florida Statutes, each university

18  board of trustees shall include in an approved operating

19  budget the revenue in trust funds supported by student and

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

21  Grants, and Donations, Auxiliary Enterprises, and Sponsored

22  Research budget entities.  The university board of trustees

23  shall have the authority to amend the operating budget as

24  circumstances warrant.  The operating budget may utilize

25  traditional appropriation categories or it may consolidate the

26  trust fund spending authority into a special category

27  appropriation account.  The Comptroller or Chief Financial

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

29  shall record the distribution of the trust fund spending

30  authority and releases according to the approved operating

31  budget to the appropriation accounts established for


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  1  disbursement purposes for each university within the state

  2  accounting system (FLAIR).

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

  4         Section 6.  In order to implement Specific

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

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

  7  amended to read:

  8         216.292  Appropriations nontransferable; exceptions.--

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

10  notwithstanding the other provisions of this section, the

11  Department of Children and Family Services may transfer funds

12  within the family safety program identified in the General

13  Appropriations Act from identical funding sources between the

14  following appropriation categories without limitation as long

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

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

17  the subsequent fiscal year: adoption services and subsidy;

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

19  must be consistent with legislative policy and intent and must

20  not adversely affect achievement of approved performance

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

22  proposed transfers under this authority must be provided to

23  the Executive Office of the Governor and the chairs of the

24  legislative appropriations committees at least 5 working days

25  before their implementation. This subsection expires July 1,

26  2003 2002.

27         Section 7.  In order to implement Specific

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

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

30  Statutes, is amended to read:

31         216.262  Authorized positions.--


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    SB 2502                                        First Engrossed



  1         (4)  Notwithstanding the provisions of this chapter on

  2  increasing the number of authorized positions, and for the

  3  2002-2003 2001-2002 fiscal year only,:

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

  5  of Corrections exceeds by 2 percent for 2 consecutive months

  6  or more the inmate population projected by the most recent

  7  Criminal Justice Estimating Conference on February 16, 2001,

  8  the Executive Office of the Governor may request positions in

  9  excess of the number authorized by the Legislature and

10  sufficient funding from the Working Capital Fund to operate

11  the additional prison bed capacity necessary to accommodate

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

13  2003.

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

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

16  institutions located in Department of Corrections Region IV

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

18  number authorized and appropriate salary rate may be approved,

19  provided that sufficient funds are available to pay salaries

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

21  services in the Department of Corrections Region IV is

22  subsequently executed, the Executive Office of the Governor

23  shall place these positions and associated salary rate into

24  reserve.

25         (c)  In order to implement a Close Management

26  Consolidation Plan in the Department of Corrections, positions

27  in excess of the number authorized and appropriate salary rate

28  may be approved provided that the Secretary of Corrections

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

30  for this purpose.

31


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  1  Such requests are subject to the budget amendment and

  2  consultation provisions of this chapter. This subsection

  3  expires July 1, 2002.

  4         Section 8.  In order to implement proviso language

  5  following Specific Appropriation 1178 of the 2002-2003 General

  6  Appropriations Act, the Correctional Privatization Commission

  7  may expend appropriated funds to assist in defraying the costs

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

  9  associated with opening or operating a facility under the

10  authority of the Correctional Privatization Commission or a

11  facility under the authority of the Department of Juvenile

12  Justice which is located within that municipality or county.

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

14  facility may not exceed 1 percent of the facility construction

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

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

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

18         Section 9.  In order to implement Specific

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

20  General Appropriations Act, section 25.402, Florida Statutes,

21  is amended to read:

22         25.402  County Article V Trust Fund.--

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

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

25  compensate counties for the costs they incur under Article V

26  of the State Constitution in operating the state courts

27  system, including the costs they incur in providing and

28  maintaining court facilities.

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

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

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


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  1  Court shall include the plan in its legislative budget

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

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

  4  committee shall be composed of:

  5         1.  Six persons appointed by the Florida Association of

  6  Counties, as follows:

  7         a.  Two persons residing in counties with populations

  8  fewer than 90,000.

  9         b.  Two persons residing in counties with populations

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

11         c.  Two persons residing in counties with populations

12  greater than 699,999.

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

14  Supreme Court, as follows:

15         a.  Two persons residing in counties with populations

16  fewer than 90,000.

17         b.  Two persons residing in counties with populations

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

19         c.  Two persons residing in counties with populations

20  greater than 699,999.

21         3.  Three persons appointed by the Florida Association

22  of Court Clerks and Comptrollers, as follows:

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

24  fewer than 90,000.

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

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

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

28  greater than 699,999.

29

30

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  1  The allocation and disbursement plan shall include provisions

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

  3  court facility needs.

  4         (c)  Amendments to the approved operating budget for

  5  expenditures from the County Article V Trust Fund must be

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

  7  total amount disbursed from the County Article V Trust Fund

  8  may not exceed the amount authorized by the General

  9  Appropriations Act.

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

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

12  318.21(2)(h) shall be deposited in the trust fund may be used

13  for the following purposes:

14         1.  Funds paid to counties with populations fewer than

15  90,000 shall be grants-in-aid to be used, in priority order,

16  for: operating expenditures of the offices of the state

17  attorneys and public defenders as appropriated by the

18  Legislature in accordance with Specific Appropriation 2978B;

19  consulting or architectural studies related to the improvement

20  of courthouse facilities; improving court facilities to ensure

21  compliance with the Americans with Disabilities Act and other

22  federal or state requirements; other renovations in court

23  facilities; improvements in court security; and expert witness

24  fees in criminal cases, court reporting and transcribing costs

25  in criminal cases, and costs associated with the appointment

26  of special public defenders.

27         2.  Funds paid to counties with populations exceeding

28  89,999 shall be grants-in-aid to be used, in priority order,

29  for operating expenditures of the offices of the state

30  attorneys and public defenders as appropriated by the

31  Legislature in accordance with Specific Appropriation 2978B,


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

  2  cases, court reporting and transcribing costs in criminal

  3  cases, and costs associated with the appointment of special

  4  public defenders.

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

  6  trial courts.

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

  8         Section 10.  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 11.  In order to implement Specific

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

31


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    SB 2502                                        First Engrossed



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

  2  Statutes, is amended to read:

  3         252.373  Allocation of funds; rules.--

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

  5  Management, Preparedness, and Assistance Trust Fund shall be

  6  allocated by the Department of Community Affairs as follows:

  7         1.  Sixty percent to implement and administer state and

  8  local emergency management programs, including training, of

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

10  shall be allocated to local emergency management agencies and

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

12  allocated to counties.

13         2.  Twenty percent to provide for state relief

14  assistance for nonfederally declared disasters, including but

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

16  businesses for uninsured losses resulting from a disaster.

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

18  regional agencies, local governments, and private

19  organizations to implement projects that will further state

20  and local emergency management objectives.  These projects

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

22  promote public education on disaster preparedness and recovery

23  issues, enhance coordination of relief efforts of statewide

24  private sector organizations, and improve the training and

25  operations capabilities of agencies assigned lead or support

26  responsibilities in the state comprehensive emergency

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

28  coordinating the Florida fire services. The division shall

29  establish criteria and procedures for competitive allocation

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

31  made pursuant to this subparagraph may be used for


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  1  administrative expenses. This competitive criteria must give

  2  priority consideration to hurricane evacuation shelter

  3  retrofit projects.

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

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

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

  7  Management, Preparedness, and Assistance Trust Fund shall be

  8  as provided in the General Appropriations Act utilized to

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

10  the state and improve local disaster preparedness. This

11  paragraph expires on July 1, 2003 2002.

12         Section 12.  In order to implement Specific

13  Appropriation 1498 of the 2002-2003 General Appropriations

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

15  amended to read:

16         163.3184  Process for adoption of comprehensive plan or

17  plan amendment.--

18         (8)  NOTICE OF INTENT.--

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

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

21  adopted comprehensive plan or plan amendment, shall have 45

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

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

24  result of a compliance agreement entered into under subsection

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

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

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

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

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

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

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    SB 2502                                        First Engrossed



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

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

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

  4  comprehensive plan or plan amendment as adopted.

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

  6  subsection, the state land planning agency shall issue,

  7  through a senior administrator or the secretary, as specified

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

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

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

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

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

13  The required advertisement shall be no less than 2 columns

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

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

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

17  legal notices and classified advertisements appear.  The

18  advertisement shall be published in a newspaper which meets

19  the size and circulation requirements set forth in paragraph

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

21  affected local government at the time of transmittal of the

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

23  notice of intent in the newspaper designated by the local

24  government shall be prima facie evidence of compliance with

25  the publication requirements of this section.

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

27  provisions of this subparagraph shall supersede the provisions

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

29  subsection, the state land planning agency shall issue,

30  through a senior administrator or the secretary, as specified

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


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    SB 2502                                        First Engrossed



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

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

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

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

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

  6  advertisement shall be published in a newspaper that meets the

  7  size and circulation requirements set forth in paragraph

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

  9  affected local government at the time of transmittal of the

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

11  notice of intent in the newspaper designated by the local

12  government shall be prima facie evidence of compliance with

13  the publication requirements of this section. The state land

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

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

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

17  send by regular mail a courtesy informational statement to

18  persons who provide their names and addresses to the local

19  government at the transmittal hearing or at the adoption

20  hearing where the local government has provided the names and

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

22  transmittal of the adopted amendment. The informational

23  statements shall include the name of the newspaper in which

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

25  publication, the ordinance number of the plan or plan

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

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

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

29         Section 13.  In order to implement Specific

30  Appropriation 1760A of the 2002-2003 General Appropriations

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

  2  Statutes, to read:

  3         375.041  Land Acquisition Trust Fund.--

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

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

  6  provided in the General Appropriations Act. This subsection

  7  expires July 1, 2003.

  8         Section 14.  In order to implement Specific

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

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

11  403.709, Florida Statutes, to read:

12         403.709  Solid Waste Management Trust Fund; use of

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

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

15  funds allocated to the Solid Waste Management Trust Fund shall

16  be as provided in the General Appropriations Act. This

17  subsection expires July 1, 2003.

18         Section 15.  In order to implement Specific

19  Appropriation 1819 of the 2002-2003 General Appropriations

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

21  amended to read:

22         403.7095  Solid waste management grant program.--

23         (8)  Notwithstanding the provisions of this section,

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

25  provide solid waste management and recycling grants only to

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

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

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

29  2002.

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    SB 2502                                        First Engrossed



  1         Section 16.  In order to implement Specific

  2  Appropriation 2095 of the 2002-2003 General Appropriations

  3  Act:

  4         (1)  Notwithstanding section 332.007, Florida Statutes,

  5  any airport with direct intercontinental passenger service,

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

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

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

  9  such loan extended until September 18, 2008.

10         (2)  Notwithstanding section 332.007, Florida Statutes,

11  any airport with direct intercontinental passenger service,

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

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

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

15  September 2009, will have such loans consolidated and repaid

16  in full by September 18, 2009.

17         Section 17.  In order to implement proviso language in

18  Specific Appropriation 2235 of the 2002-2003 General

19  Appropriations Act, section 402.3017, Florida Statutes, is

20  amended to read:

21         402.3017  Teacher Education and Compensation Helps

22  (TEACH) scholarship program.--

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

24  child care teacher education and training is a key predictor

25  for determining program quality. The Legislature also finds

26  that low wages for child care workers prevent many from

27  obtaining increased training and education and contribute to

28  high turnover rates.  The Legislature therefore intends to

29  help fund a program which links teacher training and education

30  to compensation and commitment to the field of early childhood

31  education.


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    SB 2502                                        First Engrossed



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

  2  authorized to contract for the administration of the Teacher

  3  Education and Compensation Helps (TEACH) scholarship program,

  4  which provides educational scholarships to caregivers and

  5  administrators of early childhood programs, family day care

  6  homes, and large family child care homes.

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

  8  implement this section.

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

10  Workforce Innovation shall administer this section. This

11  subsection expires July 1, 2003.

12         Section 18.  In order to implement proviso language

13  following Specific Appropriation 2452 of the 2002-2003 General

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

15  Statutes, is amended to read:

16         601.155  Equalizing excise tax; credit; exemption.--

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

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

19  601.15 is exempt from the tax imposed by this section. All

20  products subject to the taxable privileges under this section,

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

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

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

24  derived from oranges or grapefruit grown within the United

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

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

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

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

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

30  a taxable privilege.

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    SB 2502                                        First Engrossed



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

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

  3  amended to read:

  4         601.155  Equalizing excise tax; credit; exemption.--

  5         (5)  All products subject to the taxable privileges

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

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

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

  9  the products are derived from oranges or grapefruit grown

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

11  from citrus fruit on which an equivalent tax is levied

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

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

14  fruit grown within the United States exempt from the tax

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

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

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

18  subject to a taxable privilege.

19         Section 20.  In order to implement Specific

20  Appropriations 2776-2780 of the 2002-2003 General

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

22  Statutes, is amended to read:

23         287.161  Executive aircraft pool; assignment of

24  aircraft; charge for transportation.--

25         (4)  Notwithstanding the requirements of subsections

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

27  the Department of Management Services shall charge all persons

28  receiving transportation from the executive aircraft pool a

29  rate not less than the mileage allowance fixed by the

30  Legislature for the use of privately owned vehicles. Fees

31  collected for persons traveling by aircraft in the executive


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    SB 2502                                        First Engrossed



  1  aircraft pool shall be deposited into the Bureau of Aircraft

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

  3  the aircraft management activities of the department. It is

  4  the intent of the Legislature that the executive aircraft pool

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

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

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

  8  2002-2003 General Appropriations Act, section 110.1239,

  9  Florida Statutes, is amended to read:

10         110.1239  State group health insurance program

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

12  the intent of the Legislature that the state group health

13  insurance program be managed, administered, operated, and

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

15  employee health insurance benefits. Inherent in this intent is

16  the recognition that the health insurance liabilities

17  attributable to the benefits offered state employees should be

18  fairly, orderly, and equitably funded. Accordingly:

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

20  necessary to fully fund the state group health insurance

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

22  made after each revenue estimating conference on health

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

24  December 1 and April 1 of each fiscal year.

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

26  budget, shall provide premium rates necessary for full funding

27  of the state group health insurance program, and the

28  Legislature shall provide in the General Appropriations Act

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

30  group health insurance program.

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    SB 2502                                        First Engrossed



  1         (3)  For purposes of funding, any additional

  2  appropriation amounts allocated to the state group health

  3  insurance program by the Legislature shall be considered as a

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

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

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

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

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

  9         110.12315  Prescription drug program.--The state

10  employees' prescription drug program is established.  This

11  program shall be administered by the Department of Management

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

13  established by the relevant provisions of the annual General

14  Appropriations Act and implementing legislation, subject to

15  the following conditions:

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

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

18  copayments must be made as follows:

19         (a)  Effective January 1, 2001:

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

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

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

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

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

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

26         (b)  The Department of Management Services shall create

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

28  administration of the state employees' prescription drug

29  program.

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  1         Section 23.  In order to implement specific

  2  appropriations 2195-2202 of the 2002-2003 General

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

  4  Statutes, is amended to read:

  5         443.036  Definitions.--As used in this chapter, unless

  6  the context clearly requires otherwise:

  7         (7)  BASE PERIOD.--

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

  9  five completed calendar quarters immediately preceding the

10  first day of an individual's benefit year.

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

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

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

14  period to qualify for benefits, the Agency for Workforce

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

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

17  "alternative base period" means the last four completed

18  calendar quarters immediately preceding the first day of an

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

20  establish a monetarily eligible benefit year may not be

21  applied to establish monetary eligibility in any succeeding

22  benefit year. If information regarding wages for the calendar

23  quarter or quarters immediately preceding the benefit year has

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

25  regular quarterly reports of wage information or is otherwise

26  unavailable, the Agency for Workforce Innovation shall request

27  such information from the employer. An employer must provide

28  the requested wage information within 10 days after receiving

29  a request from the Agency for Workforce Innovation. An

30  employer who fails to provide the requested wage information

31  within the required time is subject to the penalty for


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    SB 2502                                        First Engrossed



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

  2  July 1, 2003.

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

  4  determinations based upon the alternative base period under

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

  6  unable to access the wage information through its mainframe

  7  database, the agency may base the determination of eligibility

  8  for benefits on an affidavit submitted by the individual with

  9  respect to wages for those calendar quarters. The individual

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

11  the affidavit. A determination of benefits based upon an

12  alternative base period shall be adjusted when the quarterly

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

14  that information causes a change in the determination. This

15  paragraph expires July 1, 2003.

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

17  specific appropriation or specifically identified proviso

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

19  if the specific appropriation or specifically identified

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

21  implements more than one specific appropriation or more than

22  one portion of specifically identified proviso language in the

23  2002-2003 General Appropriations Act is void if all the

24  specific appropriations or portions of specifically identified

25  proviso language are vetoed.

26         Section 25.  The agency performance measures and

27  standards in the document entitled "Agency Performance

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

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

30  are incorporated by reference. Such performance measures and

31  standards are directly linked to the appropriations made in


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    SB 2502                                        First Engrossed



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

  2  required by the Government Performance and Accountability Act

  3  of 1994. State agencies are directed to revise their

  4  Long-Range Program Plans required under section 216.013,

  5  Florida Statutes, to be consistent with these performance

  6  measures and standards.

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

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

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

10  broadcast television noncommercial sustained announcements or

11  for public-service announcements unless specifically approved

12  by the Legislative Budget Commission.

13         Section 27.  Except as otherwise specifically provided

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

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

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

17  operate retroactively to July 1, 2002.

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