CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Conference Committee on HB 29-E offered the following:
12
13 Conference Committee Amendment (with title amendment)
14 Remove everything after the enacting clause
15
16 and insert:
17 Section 1. It is the intent of the Legislature that
18 the implementing and administering provisions of this act
19 apply to the General Appropriations Act for fiscal year
20 2002-2003.
21 Section 2. In order to implement Specific
22 Appropriations 7C-7H, 11A, and 166S-181A and Section 9 of the
23 2002-2003 General Appropriations Act:
24 (1) Universities in the State University System shall
25 utilize the state accounting system (FLAIR) for fiscal year
26 2002-2003 but are not required to provide funds to the
27 Department of Banking and Finance for its utilization.
28 (2) Notwithstanding the provisions of ss. 216.181,
29 216.292, and 240.2094, Florida Statutes, and pursuant to s.
30 216.351, Florida Statutes, funds appropriated or
31 reappropriated to the state universities in the 2002-2003
1
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 General Appropriations Act, or any other act passed by the
2 2002 Legislature containing appropriations, shall be
3 distributed to each university according to the 2002-2003
4 fiscal year operating budget approved by the university board
5 of trustees. Each university board of trustees shall have
6 authority to amend the operating budget as circumstances
7 warrant. The operating budget may utilize traditional
8 appropriation categories or it may consolidate the
9 appropriations into a special category appropriation account.
10 The Comptroller or Chief Financial Officer, upon the request
11 of the university board of trustees, shall record by journal
12 transfer the distribution of the appropriated funds and
13 releases according to the approved operating budget to the
14 appropriation accounts established for disbursement purposes
15 for each university within the state accounting system
16 (FLAIR).
17 (3) Notwithstanding the provisions of ss. 216.181,
18 216.292, 240.241, and 240.277, Florida Statutes, and pursuant
19 to s. 216.351, Florida Statutes, each university board of
20 trustees shall include in an approved operating budget the
21 revenue in trust funds supported by student and other fees as
22 well as the trust funds within the Contract, Grants, and
23 Donations, Auxiliary Enterprises, and Sponsored Research
24 budget entities. The university board of trustees shall have
25 the authority to amend the operating budget as circumstances
26 warrant. The operating budget may utilize traditional
27 appropriation categories or it may consolidate the trust fund
28 spending authority into a special category appropriation
29 account. The Comptroller or Chief Financial Officer, upon the
30 request of the university board of trustees, shall record the
31 distribution of the trust fund spending authority and releases
2
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 according to the approved operating budget to the
2 appropriation accounts established for disbursement purposes
3 for each university within the state accounting system
4 (FLAIR).
5 (4) This section expires July 1, 2003.
6 Section 3. In order to implement Specific
7 Appropriations 71-166R of the 2002-2003 General Appropriations
8 Act, subsection (2) of section 229.085, Florida Statutes, as
9 amended by section 31 of chapter 2001-170, Laws of Florida, is
10 amended to read:
11 229.085 Custody of educational funds.--
12 (2)(a) There is created in the Department of Education
13 the Projects, Contracts, and Grants Trust Fund. The personnel
14 employed to plan and administer grants or contracts for
15 specific projects shall be considered in time-limited
16 employment not to exceed the duration of the grant or until
17 completion of the project, whichever first occurs. Such
18 employees shall not acquire retention rights under the Career
19 Service System. Any employee holding permanent career service
20 status in a Department of Education position who is appointed
21 to a position under the Projects, Contracts, and Grants Trust
22 Fund shall retain such permanent status in the career service
23 position.
24 (b) If, in executing the terms of such grants or
25 contracts for specific projects, the employment of personnel
26 shall be required, such personnel shall not be subject to the
27 requirements of s. 216.262(1)(a). This paragraph expires July
28 1, 2003.
29 Section 4. In order to implement Specific
30 Appropriations 71-166R of the 2002-2003 General Appropriations
31 Act, section 236.7011, Florida Statutes, is amended to read:
3
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 236.7011 Federal grants; maximization of indirect cost
2 allowance.--The Department of Education shall maximize the
3 available federal indirect cost allowed on all federal grants.
4 Beginning with the 2003-2004 2002-2003 fiscal year, none of
5 the funds received from indirect cost allowance shall be
6 expended by the department without specific appropriation by
7 the Legislature. Funds received pursuant to s. 240.241 are
8 specifically exempt from this provision.
9 Section 5. In order to implement Specific
10 Appropriations 71-166R of the 2002-2003 General Appropriations
11 Act:
12 (1) The Knott Data Center and Projects, Contracts, and
13 Grants Programs under the management of the Department of
14 Education are exempt from the requirements of s. 216.023,
15 Florida Statutes. The Department of Education, in consultation
16 with the legislative appropriations committees, shall approve
17 an estimated level of expenditures, salary rates, and
18 positions for the Knott Data Center and for Projects,
19 Contracts, and Grants Programs. If such expenditures exceed
20 the prior year level by more than 10 percent, the full
21 membership of the legislative appropriations committees shall
22 be notified of the increase.
23 (2) No new state appropriations shall be obligated as
24 a source of matching funds for potential federal or private
25 contracts or grants. Upon termination of any federal or
26 private contracts or grants, the state shall not be obligated
27 to provide continued funding for personnel or project costs
28 related to such contracts or grants.
29 (3) This section expires July 1, 2003.
30 Section 6. In order to implement Specific
31 Appropriation 7B of the 2002-2003 General Appropriations Act,
4
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsection (3) of section 240.4015, Florida Statutes, is
2 amended to read:
3 240.4015 Florida Bright Futures Scholarship Testing
4 Program.--
5 (3)(a) Beginning with initial award recipients for the
6 2002-2003 academic year and continuing thereafter, students
7 eligible for a Florida Academic Scholars award or a Florida
8 Merit Scholars award who are admitted to and enroll in a
9 community college or state university shall, prior to
10 registering for courses that may be earned through a CLEP
11 examination and no later than registration for their second
12 term, complete at least five examinations from those specified
13 in subsection (1) in the following areas: English; humanities;
14 mathematics; natural sciences; and social sciences. Successful
15 completion of dual enrollment courses, Advanced Placement
16 examinations, and International Baccalaureate examinations
17 taken prior to high school graduation satisfy this
18 requirement. The Articulation Coordinating Committee shall
19 identify the examinations that satisfy each component of this
20 requirement.
21 (b) Notwithstanding the provisions of paragraph (a),
22 and for the 2002-2003 fiscal year only, initial award
23 recipients for the 2002-2003 academic year who are eligible
24 for a Florida Academic Scholars award or a Florida Merit
25 Scholars award and who are admitted to and enroll in a
26 community college or state university shall, prior to
27 registering for courses that may be earned through a CLEP
28 examination and no later than the end of the 2002-2003
29 academic year, complete at least five examinations from those
30 specified in subsection (1) in the following areas: English;
31 humanities; mathematics; natural sciences; and social
5
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sciences. Successful completion of dual enrollment courses,
2 Advanced Placement examinations, and International
3 Baccalaureate examinations taken prior to high school
4 graduation satisfy this requirement. The Articulation
5 Coordinating Committee shall identify the examinations that
6 satisfy each component of this requirement. This paragraph
7 expires July 1, 2003.
8 Section 7. In order to implement Specific
9 Appropriation 161 of the 2002-2003 General Appropriations Act,
10 and notwithstanding s. 240.35(11)(c), Florida Statutes, or any
11 other provision of law to the contrary, a minimum of 75
12 percent of the balance of the funds for new awards under that
13 paragraph or its successor shall be used to provide financial
14 aid based on absolute need, and the remainder of the funds
15 shall be used for academic merit purposes and other purposes
16 approved by the district boards of trustees. This section
17 expires July 1, 2003.
18 Section 8. In order to implement Specific
19 Appropriations 13 and 14 of the 2002-2003 General
20 Appropriations Act, section 230.23024, Florida Statutes, is
21 amended to read:
22 230.23024 Land Acquisition and Facilities Maintenance
23 Operations Advisory Board.--
24 (1) The Legislature recognizes that effective land
25 acquisition and facilities maintenance operations are
26 essential components of Florida district school boards'
27 ability to provide facilities to accommodate the growing
28 student population in the state. To support and assist the
29 school districts, it is appropriate for the Legislature to
30 make advisory resources available to aid districts in meeting
31 those needs. For the purposes of this section, facilities
6
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 maintenance operations include transportation and procurement.
2 (2) If the director of the Office of Program Policy
3 Analysis and Government Accountability (OPPAGA) or the Auditor
4 General determines in a review or examination that significant
5 deficiencies exist in a school district's land acquisition and
6 facilities maintenance operational processes, he or she shall
7 certify to the President of Senate, the Speaker of the House
8 of Representatives, the Legislative Budget Commission, and the
9 Governor that the deficiency exists. The Legislative Budget
10 Commission shall determine whether funds for the school
11 district will be placed in reserve until the deficiencies are
12 corrected.
13 (3) After receipt of that certification, the President
14 of the Senate, the Speaker of the House of Representatives,
15 and the Governor may name a Land Acquisition and Facilities
16 Maintenance Operations Advisory Board for any district that
17 has not previously had such a board and shall name or continue
18 a Land Acquisition and Facilities Maintenance Operations
19 Advisory Board to provide expert advice and assist in
20 improving the district's land acquisition and facilities
21 maintenance operational processes. Each Land Acquisition and
22 Facilities Maintenance Operations Advisory Board shall consist
23 of seven members and shall possess specific expertise needed
24 to assist the school district in improving its deficient
25 processes. The President of the Senate and the Speaker of the
26 House of Representatives shall each appoint two members, and
27 the Governor shall appoint three members of the advisory
28 board. Membership of each advisory board may be different for
29 each district. Members shall serve without compensation but
30 may be reimbursed for travel and per diem expenses in
31 accordance with s. 112.061.
7
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) Within 30 days of its formation, the Land
2 Acquisition and Facilities Maintenance Operations Advisory
3 Board shall convene in the district and make all reasonable
4 efforts to help the district correct deficiencies noted in the
5 examination or audit of the district. The district must
6 cooperate with the advisory board and provide information as
7 requested.
8 (5) Within 60 days of convening, the Land Acquisition
9 and Facilities Maintenance Operations Advisory Board shall
10 assess the district's progress and corrective actions and
11 report to the Commissioner of Education. The advisory board's
12 report must address the release of any funds placed in reserve
13 by the Executive Office of the Governor. Any recommendation
14 from the advisory board for the release of funds shall include
15 a certification that policies established, procedures
16 followed, and expenditures made by the school board related to
17 site acquisition and facilities planning, and construction,
18 and maintenance operations are consistent with recommendations
19 of the Land Acquisition and Facilities Maintenance Operations
20 Advisory Board and will accomplish corrective action and
21 address recommendations made by the Office of Program Policy
22 Analysis and Government Accountability and the Auditor
23 General. If the advisory board does not recommend release of
24 the funds held in reserve, they shall provide additional
25 assistance and submit a subsequent report 60 days after the
26 previous report.
27 (6) Upon certification by the advisory board that
28 corrective action has been taken, or June 30, 2003, whichever
29 is later, each Land Acquisition and Facilities Maintenance
30 Operations Advisory Board shall be disbanded.
31 Section 9. The amendment of section 230.23024, Florida
8
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, by this act shall expire on July 1, 2003, and the
2 text of that section shall revert to that in existence on June
3 30, 2002, except that any amendments to such text enacted
4 other than by this act shall be preserved and continue to
5 operate to the extent that such amendments are not dependent
6 upon the portions of such text which expire pursuant to the
7 provisions of this act.
8 Section 10. In order to implement Specific
9 Appropriations 458-474 of the 2002-2003 General Appropriations
10 Act, paragraph (b) of subsection (1) of section 430.204,
11 Florida Statutes, is amended to read:
12 430.204 Community-care-for-the-elderly core services;
13 departmental powers and duties.--
14 (1)
15 (b) For fiscal year 2002-2003 2001-2002 only, in each
16 county having a population over 2 million, the department
17 shall fund, through each area agency on aging in each county
18 as defined in s. 125.011(1), more than one community care
19 service system the primary purpose of which is the prevention
20 of unnecessary institutionalization of functionally impaired
21 elderly persons through the provision of community-based core
22 services. This paragraph expires July 1, 2003 2002.
23 Section 11. In order to implement Specific
24 Appropriations 458-474 of the 2002-2003 General Appropriations
25 Act, paragraph (b) of subsection (1) of section 430.205,
26 Florida Statutes, is amended to read:
27 430.205 Community care service system.--
28 (1)
29 (b) For fiscal year 2002-2003 2001-2002 only, in each
30 county having a population over 2 million, the department
31 shall fund, through the area agency on aging in each county as
9
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 defined in s. 125.011(1), shall fund in each planning and
2 service area more than one community care service system that
3 provides case management and other in-home and community
4 services as needed to help elderly persons maintain
5 independence and prevent or delay more costly institutional
6 care. This paragraph expires July 1, 2003 2002.
7 Section 12. In order to implement Specific
8 Appropriations 303-338 of the 2002-2003 General Appropriations
9 Act, subsection (12) of section 216.292, Florida Statutes, is
10 amended to read:
11 216.292 Appropriations nontransferable; exceptions.--
12 (12) For the 2002-2003 2001-2002 fiscal year only and
13 notwithstanding the other provisions of this section, the
14 Department of Children and Family Services may transfer funds
15 within the family safety program identified in the General
16 Appropriations Act from identical funding sources between the
17 following appropriation categories without limitation as long
18 as such a transfer does not result in an increase to the total
19 recurring general revenue or trust fund cost of the agency in
20 the subsequent fiscal year: adoption services and subsidy;
21 family foster care; and emergency shelter care. Such transfers
22 must be consistent with legislative policy and intent and must
23 not adversely affect achievement of approved performance
24 outcomes or outputs in the family safety program. Notice of
25 proposed transfers under this authority must be provided to
26 the Executive Office of the Governor and the chairs of the
27 legislative appropriations committees at least 5 working days
28 before their implementation. This subsection expires July 1,
29 2003 2002.
30 Section 13. In order to implement Specific
31 Appropriation 644A of the 2002-2003 General Appropriations
10
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Act, subsection (4) of section 401.113, Florida Statutes, as
2 created by section 6 of chapter 2001-380, Laws of Florida, is
3 amended to read:
4 401.113 Department; powers and duties.--
5 (4) For the 2002-2003 2001-2002 state fiscal year
6 only, and notwithstanding the provisions of subsections (1)
7 and (2), moneys in the Emergency Medical Services Trust Fund
8 may also be used for the purpose of funding the rural hospital
9 capital improvement grant program in accordance with the
10 provisions of s. 395.6061. This subsection expires July 1,
11 2003 2002.
12 Section 14. In order to implement Specific
13 Appropriation 672 of the 2002-2003 General Appropriations Act,
14 section 295.182, Florida Statutes, is amended to read:
15 295.182 Florida World War II Veterans Memorial
16 Matching Trust Fund; contributions; use.--
17 (1) The Florida World War II Veterans Memorial
18 Matching Trust Fund, if created by law, within the Department
19 of Veterans' Affairs shall receive private contributions and
20 matching state funds specifically appropriated by the
21 Legislature for the purpose of matching private donations
22 deposited into the trust fund to build a Florida World War II
23 Veterans Memorial as provided by this act. The department is
24 authorized to use moneys in the trust fund, if created by law,
25 in a manner which will generate increased funding for the
26 Florida World War II Veterans Memorial. Contributions to the
27 Florida World War II Veterans Memorial Matching Trust Fund
28 must be returned to those entities or individuals contributing
29 to the trust fund if the Florida World War II Veterans
30 Memorial is not constructed as provided for in s. 295.183.
31 (2) For the 2002-2003 fiscal year only, the department
11
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may receive contributions from public bodies as defined in s.
2 1.01(8). Public bodies are authorized to appropriate funds, in
3 lump sum or otherwise, for the purpose of making contributions
4 to the trust fund. This subsection expires July 1, 2003.
5 Section 15. In order to implement Section 29 of the
6 2002-2003 General Appropriations Act, subsection (4) of
7 section 561.121, Florida Statutes, as amended by section 4 of
8 chapter 2001-380, Laws of Florida, is amended to read:
9 561.121 Deposit of revenue.--
10 (4)(a) State funds collected pursuant to s. 561.501
11 shall be paid into the State Treasury and credited to the
12 following accounts:
13 1.(a) Twenty-seven and two-tenths percent of the
14 surcharge on the sale of alcoholic beverages for consumption
15 on premises shall be transferred to the Children and
16 Adolescents Substance Abuse Trust Fund, which shall remain
17 with the Department of Children and Family Services for the
18 purpose of funding programs directed at reducing and
19 eliminating substance abuse problems among children and
20 adolescents.
21 2.(b) The remainder of collections shall be credited
22 to the General Revenue Fund.
23 (b) For the 2002-2003 state fiscal year only, and
24 notwithstanding the provisions of subparagraph (a)1., moneys
25 in the Children and Adolescents Substance Abuse Trust Fund may
26 also be used for the purpose of funding programs directed at
27 reducing and eliminating substance abuse problems among
28 adults. This paragraph expires July 1, 2003.
29 (c) Notwithstanding paragraph (a), the Legislature may
30 authorize the Department of Children and Family Services to
31 transfer moneys in the Children and Adolescents Substance
12
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Abuse Trust Fund to the Administrative Trust Fund, as provided
2 in Senate Bill 2-C. This paragraph expires July 1, 2002.
3 Section 16. In order to implement Specific
4 Appropriation 558 of the 2002-2003 General Appropriations Act,
5 paragraph (k) of subsection (2) of section 381.0066, Florida
6 Statutes, is amended to read:
7 381.0066 Onsite sewage treatment and disposal systems;
8 fees.--
9 (2) The minimum fees in the following fee schedule
10 apply until changed by rule by the department within the
11 following limits:
12 (k) Research: An additional $5 fee shall be added to
13 each new system construction permit issued during fiscal years
14 1996-2003 1996-2002 to be used for onsite sewage treatment and
15 disposal system research, demonstration, and training
16 projects. Five dollars from any repair permit fee collected
17 under this section shall be used for funding the hands-on
18 training centers described in s. 381.0065(3)(j).
19
20 The funds collected pursuant to this subsection must be
21 deposited in a trust fund administered by the department, to
22 be used for the purposes stated in this section and ss.
23 381.0065 and 381.00655.
24 Section 17. In order to implement Specific
25 Appropriations 321-325A of the 2002-2003 General
26 Appropriations Act, paragraph (k) is added to subsection (1)
27 of section 409.1671, Florida Statutes, as amended by section 4
28 of chapter 2002-219, Laws of Florida, to read:
29 409.1671 Foster care and related services;
30 privatization.--
31 (1)
13
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (k) Notwithstanding the provisions of paragraph (a)
2 and chapter 287, and for the 2002-2003 fiscal year only, the
3 Department of Children and Family Services may combine the
4 current community-based care lead agency contracts for
5 Sarasota, Manatee, and DeSoto Counties into a single contract.
6 This paragraph expires July 1, 2003.
7 Section 18. In order to implement Specific
8 Appropriation 517 of the 2002-2003 General Appropriations Act,
9 subsection (6) is added to section 385.207, Florida Statutes,
10 to read:
11 385.207 Care and assistance of persons with epilepsy;
12 establishment of programs in epilepsy control.--
13 (6) For the 2002-2003 fiscal year only, funds in the
14 Epilepsy Services Trust Fund may be appropriated for epilepsy
15 case management services. This subsection expires July 1,
16 2003.
17 Section 19. Consistent with the provisions of s.
18 216.163, Florida Statutes, in accordance with
19 performance-based program budgeting requirements, and
20 notwithstanding the provisions of s. 216.181, Florida
21 Statutes, the Department of Law Enforcement may transfer up to
22 one-half of 1 percent of the funds in Specific Appropriations
23 1195, 1215A, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and
24 1266 of the 2002-2003 General Appropriations Act for salary
25 bonuses for departmental employees at the discretion of the
26 executive director, provided that such bonuses are given only
27 to selected employees for meritorious performance, instead of
28 being given as across-the-board bonuses for all employees.
29 The department, after consultation with the Executive Office
30 of the Governor, shall provide a plan to the chairs of the
31 legislative appropriations committees responsible for
14
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 producing the General Appropriations Act for review before
2 awarding such bonuses. This section expires July 1, 2003.
3 Section 20. In order to implement Specific
4 Appropriations 1195-1272 of the 2002-2003 General
5 Appropriations Act, subsection (17) of section 216.181,
6 Florida Statutes, is amended to read:
7 216.181 Approved budgets for operations and fixed
8 capital outlay.--
9 (17) Notwithstanding any other provision of this
10 section to the contrary, and for the 2002-2003 2001-2002
11 fiscal year only, the Department of Law Enforcement may
12 transfer up to 20 positions and associated budget between
13 budget entities, provided the same funding source is used
14 throughout each transfer. The department may also transfer up
15 to 10 percent of the initial approved salary rate between
16 budget entities, provided the same funding source is used
17 throughout each transfer. The department must provide notice
18 to the Executive Office of the Governor, the chair of the
19 Senate Budget Committee, and the chair of the House Committee
20 on Criminal Justice Appropriations for all transfers of
21 positions or salary rate. This subsection expires July 1, 2003
22 2002.
23 Section 21. In order to implement proviso language
24 following Specific Appropriation 1178 of the 2002-2003 General
25 Appropriations Act, the Correctional Privatization Commission
26 may expend appropriated funds to assist in defraying the costs
27 of impacts that are incurred by a municipality or county and
28 associated with opening or operating a facility under the
29 authority of the Correctional Privatization Commission or a
30 facility under the authority of the Department of Juvenile
31 Justice which is located within that municipality or county.
15
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The amount that is to be paid under this section for any
2 facility may not exceed 1 percent of the facility construction
3 cost, less building impact fees imposed by the municipality or
4 by the county if the facility is located in the unincorporated
5 portion of the county. This section expires July 1, 2003.
6 Section 22. In order to implement Specific
7 Appropriation 1291 of the 2002-2003 General Appropriations
8 Act, paragraph (b) of subsection (3) of section 16.555,
9 Florida Statutes, as created by section 8 of chapter 2001-380,
10 Laws of Florida, is amended to read:
11 16.555 Crime Stoppers Trust Fund; rulemaking.--
12 (3)
13 (b) For the 2002-2003 2001-2002 state fiscal year
14 only, and notwithstanding any provision of this section to the
15 contrary, moneys in the trust fund may also be used to pay for
16 salaries and benefits and other expenses of the department.
17 This paragraph expires July 1, 2003 2002.
18 Section 23. In order to implement Specific
19 Appropriations 1291 and 1322 of the 2002-2003 General
20 Appropriations Act, paragraph (b) of subsection (2) of section
21 860.158, Florida Statutes, as created by section 9 of chapter
22 2001-380, Laws of Florida, is amended to read:
23 860.158 Florida Motor Vehicle Theft Prevention Trust
24 Fund.--
25 (2)
26 (b) For the 2002-2003 2001-2002 fiscal year only, and
27 notwithstanding s. 320.08046, the use of funds allocated to
28 the Florida Motor Vehicle Theft Prevention Trust Fund may also
29 be as provided in the General Appropriations Act Senate Bill
30 2-C. This paragraph expires July 1, 2003 2002.
31 Section 24. In order to implement Specific
16
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Appropriations 1112-1194A of the 2002-2003 General
2 Appropriations Act, section 985.4075, Florida Statutes, is
3 amended to read:
4 985.4075 One-time startup funding for juvenile justice
5 purposes.--
6 (1) Funds from juvenile justice appropriations may be
7 utilized as one-time startup funding for juvenile justice
8 purposes that include, but are not limited to, remodeling or
9 renovation of existing facilities, construction costs, leasing
10 costs, purchase of equipment and furniture, site development,
11 and other necessary and reasonable costs associated with the
12 startup of facilities or programs.
13 (2) The department may not use appropriations made for
14 operations, pursuant to the provisions of this section, as
15 one-time startup funding for fixed capital outlay as defined
16 in s. 216.011. This subsection expires July 1, 2003.
17 Section 25. In order to implement Specific
18 Appropriations 691-806 and 843-857 of the 2002-2003 General
19 Appropriations Act, subsection (4) of section 216.262, Florida
20 Statutes, is amended to read:
21 216.262 Authorized positions.--
22 (4) Notwithstanding the provisions of this chapter on
23 increasing the number of authorized positions, and for the
24 2002-2003 2001-2002 fiscal year only,:
25 (a) if the actual inmate population of the Department
26 of Corrections exceeds by 2 percent for 2 consecutive months
27 or more the inmate population projected by the most recent
28 Criminal Justice Estimating Conference on February 16, 2001,
29 the Executive Office of the Governor may request positions in
30 excess of the number authorized by the Legislature and
31 sufficient funding from the Working Capital Fund to operate
17
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the additional prison bed capacity necessary to accommodate
2 the actual inmate population.
3 (b) If, by October 1, 2001, a contract with a private
4 vendor or vendors for the delivery of health care services at
5 institutions located in Department of Corrections Region IV
6 has not been executed, up to 97 positions in excess of the
7 number authorized and appropriate salary rate may be approved,
8 provided that sufficient funds are available to pay salaries
9 and benefits. If a contract for the provision of health care
10 services in the Department of Corrections Region IV is
11 subsequently executed, the Executive Office of the Governor
12 shall place these positions and associated salary rate into
13 reserve.
14 (c) In order to implement a Close Management
15 Consolidation Plan in the Department of Corrections, positions
16 in excess of the number authorized and appropriate salary rate
17 may be approved provided that the Secretary of Corrections
18 certifies that there are no vacant positions that may be used
19 for this purpose.
20
21 Such requests are subject to the budget amendment and
22 consultation provisions of this chapter. This subsection
23 expires July 1, 2003 2002.
24 Section 26. In order to implement Specific
25 Appropriation 1233 of the 2002-2003 General Appropriations
26 Act, paragraph (d) is added to subsection (4) of section
27 932.7055, Florida Statutes, to read:
28 932.7055 Disposition of liens and forfeited
29 property.--
30 (4)
31 (d) Notwithstanding any other provision of this
18
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187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsection, and for the 2002-2003 fiscal year only, the funds
2 in a special law enforcement trust fund established by the
3 governing body of a municipality may be expended to reimburse
4 the general fund of the municipality for moneys advanced from
5 the general fund to the special law enforcement trust fund
6 prior to October 1, 2001. This paragraph expires July 1,
7 2003.
8 Section 27. In order to implement Specific
9 Appropriations 1760A and 1798A of the 2002-2003 General
10 Appropriations Act, subsection (6) is added to section
11 375.041, Florida Statutes, to read:
12 375.041 Land Acquisition Trust Fund.--
13 (6) For the 2002-2003 fiscal year only, the use of
14 funds allocated to the Land Acquisition Trust Fund shall be as
15 provided in the General Appropriations Act. This subsection
16 expires July 1, 2003.
17 Section 28. In order to implement Specific
18 Appropriation 1760A of the 2002-2003 General Appropriations
19 Act, subsection (16) is added to section 259.032, Florida
20 Statutes, as amended by section 7 of chapter 2002-2, Laws of
21 Florida, to read:
22 259.032 Conservation and Recreation Lands Trust Fund;
23 purpose.--
24 (16) Notwithstanding other provisions of law relating
25 to the purpose of the Conservation and Recreation Lands Trust
26 Fund, and for the 2002-2003 fiscal year only, the purposes of
27 the trust fund shall include funding issues provided in the
28 General Appropriations Act. This subsection expires July 1,
29 2003.
30 Section 29. In order to implement Specific
31 Appropriation 1769 of the 2002-2003 General Appropriations
19
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Act, subsection (16) is added to section 215.555, Florida
2 Statutes, to read:
3 215.555 Florida Hurricane Catastrophe Fund.--
4 (16) For the 2002-2003 fiscal year only, the State
5 Board of Administration shall disburse funds, by nonoperating
6 transfer, from the Florida Hurricane Catastrophe Fund to the
7 Ecosystem Management and Restoration Trust Fund of the
8 Department of Environmental Protection in an amount equal to
9 8.47 percent of the appropriation made from the Ecosystem
10 Management and Restoration Trust Fund for "Grants and Aids to
11 Local Governments and Non-State Entities - Fixed Capital
12 Outlay, Statewide Restoration Projects" in the 2002-2003
13 General Appropriations Act. This subsection expires July 1,
14 2003.
15 Section 30. In order to implement Specific
16 Appropriation 1478 of the 2002-2003 General Appropriations
17 Act, subsection (2) of section 581.184, Florida Statutes, as
18 created by section 1 of chapter 2002-11, Laws of Florida, is
19 amended to read:
20 581.184 Adoption of rules; citrus canker eradication;
21 voluntary destruction agreements.--
22 (2)(a) The department shall remove and destroy all
23 infected citrus trees and all citrus trees exposed to
24 infection. Notice of the removal of such trees, by immediate
25 final order, may be provided to the owner of the property on
26 which such trees are located. An immediate final order issued
27 by the department pursuant to this section shall notify the
28 property owner that the citrus trees that are the subject of
29 the immediate final order will be removed and destroyed unless
30 the property owner, no later than 10 days after delivery of
31 the immediate final order pursuant to subsection (3), requests
20
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and obtains a stay of the immediate final order from the
2 district court of appeal with jurisdiction to review such
3 requests. The property owner shall not be required to seek a
4 stay of the immediate final order by the department prior to
5 seeking the stay from the district court of appeal.
6 (b) Notwithstanding the provisions of paragraph (a),
7 and for the 2002-2003 fiscal year only, notice of the removal
8 of infected citrus trees and citrus trees exposed to
9 infection, by immediate final order, shall be provided to the
10 owner of the property on which such trees are located. This
11 paragraph expires July 1, 2003.
12 Section 31. In order to implement Specific
13 Appropriation 1480A of the 2002-2003 General Appropriations
14 Act, subsection (2) of section 581.1845, Florida Statutes, and
15 subsection (6) of said section, as created by section 11 of
16 chapter 2001-380, Laws of Florida, are amended to read:
17 581.1845 Citrus canker eradication; compensation to
18 homeowners whose trees have been removed.--
19 (2)(a) To be eligible to receive compensation under
20 the program, a homeowner must:
21 1.(a) Be the homeowner of record on the effective date
22 of this act for residential property where one or more citrus
23 trees have been removed as part of a citrus canker eradication
24 program;
25 2.(b) Have had one or more citrus trees removed from
26 the property by a tree-cutting contractor as part of a citrus
27 canker eradication program on or after January 1, 1995; and
28 3.(c) Have received no commercial compensation and is
29 not eligible to receive commercial compensation from the
30 United States Department of Agriculture for citrus trees
31 removed as part of a citrus canker eradication program.
21
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187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Notwithstanding subparagraph (a)1., and for
2 compensation during the 2002-2003 fiscal year only, to be
3 eligible to receive compensation under the program for
4 residential property where one or more citrus trees have been
5 removed on or after July 1, 2001, as part of a citrus canker
6 eradication program, a homeowner must be the homeowner of
7 record on the date the trees were removed. This paragraph
8 expires July 1, 2003.
9 (6)(a) For the 2001-2002 fiscal year only and
10 notwithstanding the $100-compensation amount specified in
11 subsection (3); in subsection (3) of section 45 of chapter
12 2001-254, Laws of Florida; and in proviso following Specific
13 Appropriation 1488A of chapter 2001-253, Laws of Florida, the
14 amount of compensation for each tree removed from residential
15 property by the citrus canker eradication program shall be
16 $55. This paragraph subsection expires July 1, 2002.
17 (b) For the 2002-2003 fiscal year only and
18 notwithstanding the $100-compensation amount specified in
19 subsection (3), the amount of compensation for each tree
20 removed from residential property by the citrus canker
21 eradication program shall be $55. This paragraph expires July
22 1, 2003.
23 Section 32. If House Bill 813, Enrolled, 2002 Regular
24 Session, does not become law, in order to implement Specific
25 Appropriation 1645 of the 2002-2003 General Appropriations
26 Act, paragraph (b) of subsection (5) of section 373.470,
27 Florida Statutes, is amended to read:
28 373.470 Everglades restoration.--
29 (5) SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
30 (b)1. For each year of the 10 consecutive years
31 beginning with fiscal year 2000-2001, the department shall
22
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 deposit $25 million of the funds allocated to the district by
2 the department under s. 259.105(11)(a) into the Save Our
3 Everglades Trust Fund created by s. 373.472.
4 2. For fiscal year 2002-2003 only, the provisions of
5 subparagraph 1. shall not apply. This subparagraph expires
6 July 1, 2003.
7 Section 33. If Council Substitute for House Bill 851,
8 Enrolled, 2002 Regular Session, does not become law, in order
9 to implement Specific Appropriation 1819 of the 2002-2003
10 General Appropriations Act, subsection (8) of section
11 403.7095, Florida Statutes, is amended to read:
12 403.7095 Solid waste management grant program.--
13 (8) Notwithstanding the provisions of this section,
14 for fiscal year 2002-2003 2001-2002 only, the department shall
15 provide solid waste management and recycling grants only to
16 counties with populations under 100,000. Such grants must be
17 at least 80 percent of the level of funding they received in
18 fiscal year 2000-2001. This subsection expires July 1, 2003
19 2002.
20 Section 34. If Council Substitute for House Bill 851,
21 Enrolled, 2002 Regular Session, becomes law, in order to
22 implement Specific Appropriation 1819 of the 2002-2003 General
23 Appropriations Act, subsection (7) is added to section
24 403.7095, Florida Statutes, as amended by section 8 of said
25 bill, to read:
26 403.7095 Solid waste management grant program.--
27 (7) Notwithstanding the provisions of this section,
28 for fiscal year 2002-2003 only, the department shall provide
29 solid waste management and recycling grants only to counties
30 with populations under 100,000. Such grants must be at least
31 80 percent of the level of funding they received in fiscal
23
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 year 2000-2001. This subsection expires July 1, 2003.
2 Section 35. In order to implement Specific
3 Appropriation 1852 of the 2002-2003 General Appropriations
4 Act, section 215.981, Florida Statutes, is amended to read:
5 215.981 Audits of state agency direct-support
6 organizations and citizen support organizations.--
7 (1) Each direct-support organization and each citizen
8 support organization, created or authorized pursuant to law,
9 and created, approved, or administered by a state agency,
10 other than a university, district board of trustees of a
11 community college, or district school board, shall provide for
12 an annual financial audit of its accounts and records to be
13 conducted by an independent certified public accountant in
14 accordance with rules adopted by the Auditor General pursuant
15 to s. 11.45(8) and the state agency that created, approved, or
16 administers the direct-support organization or citizen support
17 organization. The audit report shall be submitted within 9
18 months after the end of the fiscal year to the Auditor General
19 and to the state agency responsible for creation,
20 administration, or approval of the direct-support organization
21 or citizen support organization. Such state agency, the
22 Auditor General, and the Office of Program Policy Analysis and
23 Government Accountability shall have the authority to require
24 and receive from the organization or from the independent
25 auditor any records relative to the operation of the
26 organization.
27 (2) Notwithstanding the provisions of subsection (1),
28 and for the 2002-2003 fiscal year only, citizen support
29 organizations for the Department of Environmental Protection
30 that are not for profit and that have annual expenditures of
31 less than $100,000 are not required to have an independent
24
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 audit. This subsection expires July 1, 2003.
2 Section 36. In order to implement Specific
3 Appropriations 2776-2782 of the 2002-2003 General
4 Appropriations Act, subsection (4) of section 287.161, Florida
5 Statutes, is amended to read:
6 287.161 Executive aircraft pool; assignment of
7 aircraft; charge for transportation.--
8 (4) Notwithstanding the requirements of subsections
9 (2) and (3) and for the 2002-2003 2001-2002 fiscal year only,
10 the Department of Management Services shall charge all persons
11 receiving transportation from the executive aircraft pool a
12 rate not less than the mileage allowance fixed by the
13 Legislature for the use of privately owned vehicles. Fees
14 collected for persons traveling by aircraft in the executive
15 aircraft pool shall be deposited into the Bureau of Aircraft
16 Trust Fund and shall be expended for costs incurred to operate
17 the aircraft management activities of the department. It is
18 the intent of the Legislature that the executive aircraft pool
19 be operated on a full cost recovery basis, less available
20 funds. This subsection expires July 1, 2003 2002.
21 Section 37. In order to implement Specific
22 Appropriation 1771 of the 2002-2003 General Appropriations
23 Act, subsection (4) is added to section 403.1838, Florida
24 Statutes, to read:
25 403.1838 Small Community Sewer Construction Assistance
26 Act.--
27 (4) The department may waive the requirement in a
28 funding agreement on a grant for construction of wastewater
29 facilities under this section that a grantee must accumulate,
30 during the design life of the grant-funded project, moneys in
31 an amount equivalent to the grant amount, adjusted for
25
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 inflationary cost increases, if the grantee certifies to the
2 department's satisfaction that an equivalent amount of money
3 will be used to pay outstanding obligations resulting from
4 improvements to its sewer system. This subsection expires July
5 1, 2003.
6 Section 38. In order to implement Specific
7 Appropriations 2359-2382 of the 2002-2003 General
8 Appropriations Act, subsection (7) is added to section
9 550.09515, Florida Statutes, as amended by section 12 of
10 chapter 2002-2, Laws of Florida, to read:
11 550.09515 Thoroughbred horse taxes; abandoned interest
12 in a permit for nonpayment of taxes.--
13 (7) If a thoroughbred permitholder fails to operate
14 all performances on its 2001-2002 license, failure to pay tax
15 on handle for a full schedule of live races for those
16 performances in the 2001-2002 fiscal year does not constitute
17 failure to pay taxes on handle for a full schedule of live
18 races in a fiscal year for the purposes of subsection (3).
19 This subsection may not be construed as forgiving a
20 thoroughbred permitholder from paying taxes on performances
21 conducted at its facility pursuant to its 2001-2002 license
22 other than for failure to operate all performances on its
23 2001-2002 license. This subsection expires July 1, 2003.
24 Section 39. In order to implement Specific
25 Appropriations 2359-2382 of the 2002-2003 General
26 Appropriations Act, subsections (6) and (7) are added to
27 section 550.5251, Florida Statutes, to read:
28 550.5251 Florida thoroughbred racing; certain permits;
29 operating days.--
30 (6) Notwithstanding the provisions of subsection (2),
31 a thoroughbred permitholder who fails to operate all
26
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 performances on its 2001-2002 license does not lose its right
2 to retain its permit. Such thoroughbred permitholder is
3 eligible for issuance of an annual license pursuant to s.
4 550.0115 for subsequent thoroughbred racing seasons. The
5 division shall take no disciplinary action against such
6 thoroughbred permitholder for failure to operate all licensed
7 performances for the 2001-2002 license pursuant to this
8 section or s. 550.01215. This section may not be interpreted
9 to prohibit the division from taking disciplinary action
10 against a thoroughbred permitholder for failure to pay taxes
11 on performances operated pursuant to its 2001-2002 license.
12 This subsection expires July 1, 2003.
13 (7) A thoroughbred permitholder shall file an
14 amendment with the division no later than July 1, 2002, that
15 indicates that it will not be able to operate the performances
16 scheduled on its 2002-2003 license without imposition of any
17 penalty for failure to operate all licensed performances
18 provided in this chapter. This subsection expires July 1,
19 2003.
20 Section 40. In order to implement Specific
21 Appropriation 2818 of the 2002-2003 General Appropriations
22 Act, section 110.116, Florida Statutes, is amended to read:
23 110.116 Personnel information system; payroll
24 procedures.--
25 (1) The Department of Management Services shall
26 establish and maintain, in coordination with the payroll
27 system of the Department of Banking and Finance, a complete
28 personnel information system for all authorized and
29 established positions in the state service, with the exception
30 of employees of the Legislature. The specifications shall be
31 developed in conjunction with the payroll system of the
27
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Department of Banking and Finance and in coordination with the
2 Auditor General. The Department of Banking and Finance shall
3 determine that the position occupied by each employee has been
4 authorized and established in accordance with the provisions
5 of s. 216.251. The Department of Management Services shall
6 develop and maintain a position numbering system that will
7 identify each established position, and such information shall
8 be a part of the payroll system of the Department of Banking
9 and Finance. With the exception of employees of the
10 Legislature, this system shall include all career service
11 positions and those positions exempted from career service
12 provisions, notwithstanding the funding source of the salary
13 payments, and information regarding persons receiving payments
14 from other sources. Necessary revisions shall be made in the
15 personnel and payroll procedures of the state to avoid
16 duplication insofar as is feasible. A list shall be organized
17 by budget entity to show the employees or vacant positions
18 within each budget entity. This list shall be available to
19 the Speaker of the House of Representatives and the President
20 of the Senate upon request.
21 (2) For the 2002-2003 fiscal year only, and
22 notwithstanding the requirements of s. 215.94(5) that the
23 department design, implement, and operate the system and of s.
24 110.201(1)(e) that the individual employing agencies maintain
25 records and reports, the department is authorized to contract
26 with a vendor to provide the personnel information system for
27 state agencies. The vendor may assist the department in
28 compiling and reporting personnel data and may assist the
29 employing agencies in maintaining personnel records. This
30 subsection expires July 1, 2003.
31 Section 41. In order to implement Specific
28
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Appropriation 2815A of the 2002-2003 General Appropriations
2 Act, paragraph (a) of subsection (1) of section 110.152,
3 Florida Statutes, is amended to read:
4 110.152 Adoption benefits for state employees;
5 parental leave.--
6 (1)(a)1. Any full-time or part-time employee of the
7 state who is paid from regular salary appropriations and who
8 adopts a special-needs child, as defined in paragraph (b), is
9 eligible to receive a monetary benefit in the amount of
10 $10,000 per child, $5,000 of which is payable in equal monthly
11 installments over a 2-year period. Any employee of the state
12 who adopts a child whose permanent custody has been awarded to
13 the Department of Children and Family Services or to a
14 Florida-licensed child-placing agency, other than a
15 special-needs child as defined in paragraph (b), shall be
16 eligible to receive a monetary benefit in the amount of $5,000
17 per child, $2,000 of which is payable in equal monthly
18 installments over a 2-year period. Benefits paid under this
19 subsection to a part-time employee must be prorated based on
20 the employee's full-time-equivalency status at the time of
21 applying for the benefits.
22 2. For the 2002-2003 fiscal year only, the Department
23 of Management Services is authorized to make lump-sum payments
24 for adoption benefits awarded during fiscal years 2000-2001
25 and 2001-2002. This subparagraph expires July 1, 2003.
26 Section 42. In order to implement Specific
27 Appropriation 2163 and Section 8 of the 2002-2003 General
28 Appropriations Act, and effective upon this act becoming a
29 law, section 110.2035, Florida Statutes, is amended to read:
30 110.2035 Classification and compensation program.--
31 (1) The Department of Management Services, in
29
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 consultation with the Executive Office of the Governor and the
2 Legislature, shall establish and maintain develop a
3 classification and compensation program addressing. This
4 program shall be developed for use by all state agencies and
5 shall address Career Service, Selected Exempt Service, and
6 Senior Management Service positions classes.
7 (2) The program shall consist of the following:
8 (a) A position classification system using no more
9 than 38 50 occupational groups and up to a 6-class series
10 structure for each occupation within an occupational group.
11 Additional occupational groups may be established only by the
12 Executive Office of the Governor after consultation with the
13 Legislature.
14 (b) A pay plan that shall provide broad-based salary
15 ranges for each occupational group and shall consist of no
16 more than 25 pay bands.
17 (3) The following goals shall be considered in
18 designing and implementing and maintaining the program:
19 (a) The classification system must significantly
20 reduce the need to reclassify positions due to work assignment
21 and organizational changes by decreasing the number of
22 classification changes required.
23 (b) The classification system must establish
24 broad-based classes allowing flexibility in organizational
25 structure and must reduce the levels of supervisory classes.
26 (c) The classification system and pay plan must
27 emphasize pay administration and job-performance evaluation by
28 management rather than emphasize use of the classification
29 system to award salary increases.
30 (d) The pay administration system must contain
31 provisions to allow managers the flexibility to move employees
30
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 through the pay ranges and provide for salary increase
2 additives and lump-sum bonuses if authorized by the
3 Legislature.
4 (4) The classification system shall be structured such
5 that each confidential, managerial, and supervisory employee
6 shall be included in the Selected Exempt Service, in
7 accordance with part V of this chapter.
8 (5) The Department of Management Services shall submit
9 the proposed design of the classification and compensation
10 program to the Executive Office of the Governor, the presiding
11 officers of the Legislature, and the appropriate legislative
12 fiscal and substantive standing committees on or before
13 December 1, 2001.
14 (5)(6) The department shall establish, by rule,
15 guidelines with respect to, and shall delegate to the
16 employing agencies, where appropriate, the authority to
17 administer the following:
18 (a) Shift differentials.
19 (b) On-call fees.
20 (c) Hazardous-duty pay.
21 (d) Advanced appointment rates.
22 (e) Salary increase and decrease corrections.
23 (f) Lead-worker pay.
24 (g) Temporary special duties pay.
25 (h) Trainer-additive pay.
26 (i) Competitive area differentials.
27 (j) Coordinator pay.
28 (k) Critical market pay.
29
30 The employing agency must use such pay additives as are
31 appropriate within the guidelines established by the
31
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 department and shall advise the department in writing of the
2 plan for implementing such pay additives prior to the
3 implementation date. Any action by an employing agency to
4 implement temporary special duties pay, competitive area
5 differentials, or critical market pay may be implemented only
6 after the department has reviewed and recommended such action;
7 however, an employing agency may use temporary special duties
8 pay for up to 3 months without prior review by the department.
9 The department shall annually provide a summary report of the
10 pay additives implemented pursuant to this section.
11 (6) The department shall adopt any rules necessary to
12 implement the classification and compensation program to
13 include Career Service, Selected Exempt Service, and Senior
14 Management Service positions consistent with the plan
15 submitted to the Legislature on December 1, 2001; however, the
16 adopted plan shall include pay bandwidths of 150 percent for
17 each occupational group except the manager and executive
18 occupational groups. The department may adopt emergency rules
19 if necessary to implement this program by July 1, 2002.
20 Section 43. The amendment of section 110.2035, Florida
21 Statutes, by this act shall expire on July 1, 2003, and the
22 text of that section shall revert to that in existence on June
23 30, 2002, except that any amendments to such text enacted
24 other than by this act shall be preserved and continue to
25 operate to the extent that such amendments are not dependent
26 upon the portions of such text which expire pursuant to the
27 provisions of this act.
28 Section 44. In order to implement Section 8 of the
29 2002-2003 General Appropriations Act, subsection (7) of
30 section 110.12315, Florida Statutes, is amended to read:
31 110.12315 Prescription drug program.--The state
32
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employees' prescription drug program is established. This
2 program shall be administered by the Department of Management
3 Services, according to the terms and conditions of the plan as
4 established by the relevant provisions of the annual General
5 Appropriations Act and implementing legislation, subject to
6 the following conditions:
7 (7) Notwithstanding the provisions of subsections (1)
8 and (2), Under the state employees' prescription drug program
9 copayments must be made as follows:
10 (a) Effective January 1, 2001:
11 1. For generic drug with card......................$7.
12 2. For preferred brand name drug with card........$20.
13 3. For nonpreferred brand name drug with card.....$35.
14 4. For generic mail order drug.................$10.50.
15 5. For preferred brand name mail order drug.......$30.
16 6. For nonpreferred brand name drug............$52.50.
17 (b) The Department of Management Services shall create
18 a preferred brand name drug list to be used in the
19 administration of the state employees' prescription drug
20 program.
21
22 This subsection expires July 1, 2003 2002.
23 Section 45. In order to implement Section 8 of the
24 2002-2003 General Appropriations Act, section 110.1239,
25 Florida Statutes, is amended to read:
26 110.1239 State group health insurance program
27 funding.--For the 2002-2003 2001-2002 fiscal year only, it is
28 the intent of the Legislature that the state group health
29 insurance program be managed, administered, operated, and
30 funded in such a manner as to maximize the protection of state
31 employee health insurance benefits. Inherent in this intent is
33
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the recognition that the health insurance liabilities
2 attributable to the benefits offered state employees should be
3 fairly, orderly, and equitably funded. Accordingly:
4 (1) The division shall determine the level of premiums
5 necessary to fully fund the state group health insurance
6 program for the next fiscal year. Such determination shall be
7 made after each Self-Insurance revenue Estimating Conference
8 on health insurance as provided in s. 216.136(11)(1), but not
9 later than December 1 and April 1 of each fiscal year.
10 (2) The Governor, in the Governor's recommended
11 budget, shall provide premium rates necessary for full funding
12 of the state group health insurance program, and the
13 Legislature shall provide in the General Appropriations Act
14 for a premium level necessary for full funding of the state
15 group health insurance program.
16 (3) For purposes of funding, any additional
17 appropriation amounts allocated to the state group health
18 insurance program by the Legislature shall be considered as a
19 state contribution and thus an increase in the state premiums.
20 (4) This section expires July 1, 2003 2002.
21 Section 46. In order to implement Sections 2-7 of the
22 2002-2003 General Appropriations Act, paragraph (c) of
23 subsection (5) and paragraph (d) of subsection (6) of section
24 112.061, Florida Statutes, are amended to read:
25 112.061 Per diem and travel expenses of public
26 officers, employees, and authorized persons.--
27 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
28 purposes of reimbursement and methods of calculating
29 fractional days of travel, the following principles are
30 prescribed:
31 (c) For the 2002-2003 2001-2002 fiscal year only and
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 notwithstanding the other provisions of this subsection, for
2 Class C travel, a state traveler shall not be reimbursed on a
3 per diem basis nor shall a traveler receive subsistence
4 allowance. This paragraph expires July 1, 2003 2002.
5 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
6 purposes of reimbursement rates and methods of calculation,
7 per diem and subsistence allowances are divided into the
8 following groups and rates:
9 (d) For the 2002-2003 2001-2002 fiscal year only and
10 notwithstanding the other provisions of this subsection, for
11 Class C travel, a state traveler shall not be reimbursed on a
12 per diem basis nor shall a traveler receive subsistence
13 allowance. This paragraph expires July 1, 2003 2002.
14 Section 47. In order to implement Specific
15 Appropriation 2169 of the 2002-2003 General Appropriations
16 Act, subsection (4) is added to section 121.71, Florida
17 Statutes, as created by section 1 of chapter 2002-177, Laws of
18 Florida, to read:
19 121.71 Uniform rates; process; calculations; levy.--
20 (4) Notwithstanding the provisions of subsection (3),
21 and for the fiscal year 2002-2003 only, the state actuary
22 shall recognize and use an appropriate level of available
23 excess assets of the Florida Retirement System Trust Fund to
24 offset the difference between the normal costs of the Florida
25 Retirement System and the statutorily prescribed contribution
26 rates. This subsection expires July 1, 2003.
27 Section 48. In order to implement Specific
28 Appropriation 2355I of the 2002-2003 General Appropriations
29 Act, subsection (2) of section 489.118, Florida Statutes, is
30 amended to read:
31 489.118 Certification of registered contractors;
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grandfathering provisions.--The board shall, upon receipt of a
2 completed application and appropriate fee, issue a certificate
3 in the appropriate category to any contractor registered under
4 this part who makes application to the board and can show that
5 he or she meets each of the following requirements:
6 (2)(a) Has, for that category, passed a written
7 examination that the board finds to be substantially similar
8 to the examination required to be licensed as a certified
9 contractor under this part. For purposes of this subsection, a
10 written, proctored examination such as that produced by the
11 National Assessment Institute, Block and Associates,
12 NAI/Block, Experior Assessments, Professional Testing, Inc.,
13 or Assessment Systems, Inc., shall be considered to be
14 substantially similar to the examination required to be
15 licensed as a certified contractor. The board may not impose
16 or make any requirements regarding the nature or content of
17 these cited examinations.
18 (b) Has, for the 2002-2003 fiscal year only and in
19 lieu of passing the written examination required by paragraph
20 (a), successfully passed an oral examination that the board
21 finds to be substantially similar to the examination required
22 to be licensed as a certified contractor under this part. This
23 paragraph applies only to applicants who are disabled. This
24 paragraph expires July 1, 2003.
25
26 Applicants wishing to obtain a certificate pursuant to this
27 section must make application by November 1, 2004.
28 Section 49. In order to implement Specific
29 Appropriations 2396-2417A of the 2002-2003 General
30 Appropriations Act:
31 (1) The Department of Business and Professional
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Regulation is authorized to transfer no more than 34 positions
2 and the resources identified in the reengineering issues from
3 Compliance and Enforcement, no more than 12 positions and the
4 resources identified in the reengineering issues from
5 Standards and Licensure, and no more than 20 positions and the
6 resources identified in the reengineering issues from Tax
7 Collection to begin implementation of the on-line licensing
8 and reengineering project. To ensure current service delivery
9 levels pertaining to regulation, licensing, compliance,
10 enforcement, and tax collection, the department shall retain
11 positions in the current programs to facilitate migration to
12 the new business process. The transfer must be completed prior
13 to June 30, 2003. The Executive Office of the Governor is
14 authorized to establish positions in excess of the current
15 programs to meet these requirements, subject to the provisions
16 of s. 216.177, Florida Statutes.
17 (2) In completing the reengineering and technology
18 project, the department shall retain sufficient numbers of
19 knowledge experts within the Division of Alcoholic Beverages
20 and Tobacco to handle specialized and complex inquiries,
21 document filings, and statutory duties within the subject
22 areas of licensing, auditing, and law enforcement. A
23 dedicated corps of knowledge experts shall be retained within
24 each of these three areas. The reengineering and technology
25 project shall be structured so as to direct specialized
26 inquiries to these knowledge experts in the most efficient and
27 customer-friendly manner possible.
28 (3) The methodology used for the Administrative Trust
29 Fund assessment charged to the division shall be based on the
30 number of positions, number of transactions, and
31 administrative activities directly related to the support of
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 division activities. The assessment shall be reconciled
2 quarterly and available for public inspection.
3 (4) This section expires July 1, 2003.
4 Section 50. In order to implement the provisions of
5 Specific Appropriations 2418-2433 of the 2002-2003 General
6 Appropriations Act:
7 (1) The Department of Business and Professional
8 Regulation is authorized to transfer positions and resources
9 identified in the reengineering issues to begin implementation
10 of the on-line reengineering and technology project. To ensure
11 current service delivery levels pertaining to regulation,
12 licensing, compliance, and enforcement, the department shall
13 retain positions in the current programs to facilitate
14 migration to the new business process. The transfer must be
15 completed prior to June 30, 2003. The Executive Office of the
16 Governor is authorized to establish positions in excess of the
17 current programs to meet these requirements subject to the
18 provisions of s. 216.177, Florida Statutes.
19 (2) In completing the reengineering and technology
20 project, the department shall retain sufficient numbers of
21 knowledge experts within the Division of Florida Land Sales,
22 Condominiums, and Mobile Homes to handle specialized and
23 complex inquiries, document filings, and statutory duties
24 within the subject areas of condominiums, mobile homes, and
25 timeshares. A dedicated corps of knowledge experts shall be
26 retained within each of these three areas. The reengineering
27 and technology project shall be structured so as to direct
28 specialized inquiries to these knowledge experts in the most
29 efficient and customer-friendly manner possible.
30 (3) The methodology used for the Administrative Trust
31 Fund assessment charged to the division shall be based on the
38
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 number of positions, number of transactions, and
2 administrative activities directly related to the support of
3 division activities. The assessment shall be reconciled
4 quarterly and available for public inspection.
5 (4) This section expires July 1, 2003.
6 Section 51. In order to implement the provisions of
7 Specific Appropriations 2383-2395 of the 2002-2003 General
8 Appropriations Act:
9 (1) The Department of Business and Professional
10 Regulation is authorized to transfer positions and resources
11 identified in the reengineering issues to begin implementation
12 of the on-line licensing and reengineering project. To ensure
13 current service delivery levels pertaining to regulation,
14 licensing, compliance, and enforcement, the department shall
15 retain positions in the current programs to facilitate
16 migration to the new business process. The transfer must be
17 completed prior to June 30, 2003. The Executive Office of the
18 Governor is authorized to establish positions in excess of the
19 current programs to meet these requirements, subject to the
20 provisions of s. 216.177, Florida Statutes.
21 (2) The department shall maintain in each field office
22 a dedicated corps of sanitation and safety inspectors in the
23 compliance entity who shall perform only inspections of public
24 food service and public lodging establishments regulated under
25 chapter 509, Florida Statutes, and the rules adopted pursuant
26 thereto, and who shall be the only inspectors performing
27 public food service and public lodging establishment
28 inspections. In addition, each field office shall have a
29 designated lead public food service and public lodging
30 establishment inspector supervising these dedicated corps
31 inspectors.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3)(a) Prior to implementation, the department shall
2 draft a service-level agreement identifying the roles and
3 responsibilities of the Division of Hotels and Restaurants and
4 the compliance entity for future operations.
5 (b) The responsibilities of the director of the
6 Division of Hotels and Restaurants shall include, but not be
7 limited to:
8 1. All statutory powers currently assigned to the
9 division.
10 2. Final authority over resolution of adverse
11 incidents involving licenses.
12 3. Final authority regarding license fines and
13 disciplinary actions.
14 4. Final authority regarding hiring and firing of
15 inspectors by the compliance entity.
16 5. The Hospitality Education Program, which shall
17 remain in the division.
18 (4) This section expires July 1, 2003.
19 Section 52. (1) In order to implement Specific
20 Appropriations 2454-2458 and 2699-2701 of the 2002-2003
21 General Appropriations Act and to avoid the unnecessary
22 duplication of expenses during the 2002-2003 fiscal year, with
23 respect to changes in congressional districting plans the
24 appropriate state officials who shall continue to be
25 responsible for the submission of information relating to the
26 preclearance under Section 5 of the federal Voting Rights Act
27 of such plans shall be the Governor, the President of the
28 Senate, and the Speaker of the House of Representatives,
29 jointly. To the extent determined necessary by the President
30 of the Senate or the Speaker of the House of Representatives,
31 the presiding officer of either house may provide to the
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Executive Office of the Governor, from the funds appropriated
2 to such house, the payment of salaries, fees, and expenses
3 related to the preclearance process or to the defense of any
4 judicial challenge to any such apportionment or districting
5 plan.
6 (2) In order to implement Specific Appropriations
7 2699-2701 of the 2002-2003 General Appropriations Act and to
8 avoid the unnecessary duplication of expenses during the
9 2002-2003 fiscal year, with respect to changes in state
10 legislative apportionment or districting plans the appropriate
11 state officials who shall continue to be responsible for the
12 submission of information relating to the preclearance under
13 Section 5 of the federal Voting Rights Act of such plans shall
14 be the President of the Senate and the Speaker of the House of
15 Representatives, jointly.
16 (3) Effective upon this act becoming a law, and
17 retroactive to the date of any submission made to the United
18 States Department of Justice by the Governor, the President of
19 the Senate, or the Speaker of the House of Representatives,
20 relating to the federal preclearance of any congressional or
21 state legislative apportionment or districting plans adopted
22 by the Florida Legislature during 2002, such submission to the
23 United States Department of Justice regarding such plans made
24 by such officials is hereby confirmed as having been made by
25 the appropriate state officials.
26 (4) This section expires July 1, 2003.
27 Section 53. In order to implement Specific
28 Appropriations 1511, 1523, and 1523A of the 2002-2003 General
29 Appropriations Act, paragraph (b) of subsection (1) of section
30 252.373, Florida Statutes, is amended, and paragraph (c) is
31 added to said subsection, to read:
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 252.373 Allocation of funds; rules.--
2 (1)
3 (b) Notwithstanding the provisions of paragraph (a),
4 and for the 2002-2003 2001-2002 fiscal year only, the use up
5 to $2.2 million of the unencumbered balance of the Emergency
6 Management, Preparedness, and Assistance Trust Fund shall be
7 as provided in the General Appropriations Act utilized to
8 improve, and increase the number of, disaster shelters within
9 the state and improve local disaster preparedness. This
10 paragraph expires on July 1, 2003 2002.
11 (c) Notwithstanding the provisions of paragraph (a),
12 and for the 2002-2003 fiscal year only, the Department of
13 Community Affairs shall conduct a review of funds available in
14 the Emergency Management, Preparedness, and Assistance Trust
15 Fund. By December 1, 2002, when actual receipts for the
16 2001-2002 fiscal year are determined, the Department of
17 Community Affairs may identify any funds that were unspent or
18 unencumbered in the 2001-2002 fiscal year that are not
19 required to implement appropriations for the 2002-2003 fiscal
20 year from the Emergency Management, Preparedness, and
21 Assistance Trust Fund, and such funds may be transferred to
22 the Grants and Donations Trust Fund to be used for the state
23 portion of the match requirements for federally approved
24 Hazard Mitigation Grant Program projects. This paragraph
25 expires July 1, 2003.
26 Section 54. In order to implement Specific
27 Appropriation 2486 of the 2002-2003 General Appropriations
28 Act, subsection (11) is added to section 288.063, Florida
29 Statutes, to read:
30 288.063 Contracts for transportation projects.--
31 (11) In addition to the other provisions of this
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 section, projects that the Legislature deems necessary to
2 facilitate the economic development and growth of the state
3 may be designated and funded in the General Appropriations
4 Act. Such transportation projects create new employment
5 opportunities, expand transportation infrastructure, improve
6 mobility, or increase transportation innovation. The Office
7 of Tourism, Trade, and Economic Development shall enter into
8 contracts with, and make expenditures to, the appropriate
9 entities for the costs of transportation projects designated
10 in the General Appropriations Act. This subsection expires
11 July 1, 2003.
12 Section 55. In order to implement proviso language in
13 Specific Appropriation 2236E of the 2002-2003 General
14 Appropriations Act, section 402.3017, Florida Statutes, is
15 amended to read:
16 402.3017 Teacher Education and Compensation Helps
17 (TEACH) scholarship program.--
18 (1) The Legislature finds that the level of early
19 child care teacher education and training is a key predictor
20 for determining program quality. The Legislature also finds
21 that low wages for child care workers prevent many from
22 obtaining increased training and education and contribute to
23 high turnover rates. The Legislature therefore intends to
24 help fund a program which links teacher training and education
25 to compensation and commitment to the field of early childhood
26 education.
27 (2) The Department of Children and Family Services is
28 authorized to contract for the administration of the Teacher
29 Education and Compensation Helps (TEACH) scholarship program,
30 which provides educational scholarships to caregivers and
31 administrators of early childhood programs, family day care
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 homes, and large family child care homes.
2 (3) The department shall adopt rules as necessary to
3 implement this section.
4 (4) For the 2002-2003 fiscal year only, the Agency for
5 Workforce Innovation shall administer this section. This
6 subsection expires July 1, 2003.
7 Section 56. In order to implement Specific
8 Appropriation 1574B of the 2002-2003 General Appropriations
9 Act, subsection (4) is added to section 125.35, Florida
10 Statutes, to read:
11 125.35 County authorized to sell real and personal
12 property and to lease real property.--
13 (4) For fiscal year 2002-2003 only, the board of
14 county commissioners is authorized to lease, under terms and
15 conditions negotiated by the board, a parcel of real property
16 of 5 acres or less that is located in an area designated as an
17 empowerment zone under the Taxpayer Relief Act of 1997 for the
18 purpose of:
19 (a) Enhancement, promotion, or improvement of economic
20 activity or revitalization;
21 (b) Urban development or redevelopment;
22 (c) Tourism;
23 (d) Transportation; or
24 (e) Opportunities for gainful employment.
25
26 Such purposes are hereby found and declared to be public
27 purposes. This subsection expires July 1, 2003.
28 Section 57. In order to implement Specific
29 Appropriations 2161A and 2161G of the 2002-2003 General
30 Appropriations Act, subsection (5) is added to section
31 338.2216, Florida Statutes, as created by section 18 of
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 chapter 2002-20, Laws of Florida, to read:
2 338.2216 Florida Turnpike Enterprise; powers and
3 authority.--
4 (5) For the 2002-2003 fiscal year only, any toll
5 collector or laborer retained in a position temporarily
6 continued under the authority provided by proviso following
7 Specific Appropriations 2161A and 2161G of the 2002-2003
8 General Appropriations Act shall remain in the career service.
9 This subsection expires July 1, 2003.
10 Section 58. In order to implement Specific
11 Appropriation 2075 of the 2002-2003 General Appropriations
12 Act, subsection (10) of section 339.12, Florida Statutes, as
13 created by section 83 of chapter 2002-20, Laws of Florida, is
14 amended to read:
15 339.12 Aid and contributions by governmental entities
16 for department projects; federal aid.--
17 (10) Beginning with the 2003-2004 fiscal year, any
18 county with a population greater than 50,000 that levies the
19 full 6 cents of local option fuel tax pursuant to ss.
20 206.41(1)(e) and 206.87(1)(c), or that dedicates 35 percent or
21 more of its discretionary sales surtax, pursuant to s.
22 212.055, for improvements to the state transportation system
23 or to local projects directly upgrading the state
24 transportation system within the county's boundaries shall
25 receive preference for receipt of any transportation grant for
26 which the county applies. This subsection shall not apply to
27 loans or nonhighway grant programs.
28 Section 59. In order to implement Specific
29 Appropriation 2236E of the 2002-2003 General Appropriations
30 Act, subsection (13) is added to section 411.01, Florida
31 Statutes, to read:
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 411.01 Florida Partnership for School Readiness;
2 school readiness coalitions.--
3 (13) Notwithstanding any other provision of this
4 section to the contrary, and for fiscal year 2002-2003 only,
5 the first children to be placed in the school readiness
6 program shall be those from families receiving temporary cash
7 assistance and subject to federal work requirements.
8 Subsequent placements shall be pursuant to the provisions of
9 this section. This subsection expires July 1, 2003.
10 Section 60. In order to implement Specific
11 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
12 General Appropriations Act, section 215.20, Florida Statutes,
13 as amended by section 2 of chapter 2002-46, Laws of Florida,
14 and by section 920 of Senate Bill 20-E, Enrolled, 2002 Special
15 Session E, is amended to read:
16 (Substantial rewording of section. See
17 s. 215.20, F.S., for present text.)
18 215.20 Certain income and certain trust funds to
19 contribute to the General Revenue Fund.--
20 (1) A service charge of 7 percent, representing the
21 estimated pro rata share of the cost of general government
22 paid from the General Revenue Fund, is hereby appropriated
23 from all income of a revenue nature deposited in all trust
24 funds except those enumerated in s. 215.22. Income of a
25 revenue nature shall include all earnings received or credited
26 by such trust funds, including the interest or benefit
27 received from the investment of the principal of such trust
28 funds as may be permitted by law. This provision shall be
29 construed in favor of the General Revenue Fund in each
30 instance. All such appropriations shall be deposited in the
31 General Revenue Fund.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) Notwithstanding the provisions of subsection (1):
2 (a) The trust funds of the Department of Citrus and
3 the Department of Agriculture and Consumer Services, including
4 funds collected in the General Inspection Trust Fund for
5 marketing orders and in the Florida Citrus Advertising Trust
6 Fund, shall be subject to a 3-percent service charge, which is
7 hereby appropriated to the General Revenue Fund. This
8 paragraph does not apply to the Conservation and Recreation
9 Lands Program Trust Fund, the Florida Quarter Horse Racing
10 Promotion Trust Fund, the Citrus Inspection Trust Fund, the
11 Florida Forever Program Trust Fund, the Florida Preservation
12 2000 Trust Fund, the Market Improvements Working Capital Trust
13 Fund, the Pest Control Trust Fund, the Plant Industry Trust
14 Fund, or other funds collected in the General Inspection Trust
15 Fund in the Department of Agriculture and Consumer Services.
16 (b) The Save the Manatee Trust Fund in the Fish and
17 Wildlife Conservation Commission shall be subject to a
18 3-percent service charge, which is hereby appropriated to the
19 General Revenue Fund.
20 (3) A service charge of 0.3 percent is hereby
21 appropriated from income of a revenue nature deposited in the
22 trust funds enumerated in subsection (4). Income of a revenue
23 nature shall include all earnings received or credited by such
24 trust funds, including the interest or benefit received from
25 the investment of the principal of such trust funds as may be
26 permitted by law. This provision shall be construed in favor
27 of the General Revenue Fund in each instance. All such
28 appropriations shall be deposited in the General Revenue Fund.
29 (4) The income of a revenue nature deposited in the
30 following described trust funds, by whatever name designated,
31 is that from which the appropriations authorized by subsection
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) shall be made:
2 (a) Within the Agency for Health Care Administration:
3 1. The Florida Organ and Tissue Donor Education and
4 Procurement Trust Fund.
5 2. The Health Care Trust Fund.
6 3. The Resident Protection Trust Fund.
7 (b) Within the Agency for Workforce Innovation, the
8 Employment Security Administration Trust Fund.
9 (c) Within the Department of Agriculture and Consumer
10 Services:
11 1. The Conservation and Recreation Lands Program Trust
12 Fund.
13 2. The Florida Quarter Horse Racing Promotion Trust
14 Fund.
15 3. The General Inspection Trust Fund and subsidiary
16 accounts thereof, unless a different percentage is authorized
17 by s. 570.20.
18 (d) Within the Department of Banking and Finance:
19 1. The Administrative Trust Fund.
20 2. The Anti-Fraud Trust Fund.
21 3. The Financial Institutions' Regulatory Trust Fund.
22 4. The Mortgage Brokerage Guaranty Fund.
23 5. The Regulatory Trust Fund.
24 (e) Within the Department of Business and Professional
25 Regulation:
26 1. The Administrative Trust Fund.
27 2. The Alcoholic Beverage and Tobacco Trust Fund.
28 3. The Cigarette Tax Collection Trust Fund.
29 4. The Division of Florida Land Sales, Condominiums,
30 and Mobile Homes Trust Fund.
31 5. The Hotel and Restaurant Trust Fund, with the
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 exception of those fees collected for the purpose of funding
2 of the hospitality education program as stated in s. 509.302.
3 6. The Professional Regulation Trust Fund.
4 7. The trust funds administered by the Division of
5 Pari-mutuel Wagering.
6 (f) Within the Department of Children and Family
7 Services:
8 1. The Administrative Trust Fund.
9 2. The Child Welfare Training Trust Fund.
10 3. The Children and Adolescents Substance Abuse Trust
11 Fund.
12 4. The Domestic Violence Trust Fund.
13 5. The Grants and Donations Trust Fund.
14 6. The Operations and Maintenance Trust Fund.
15 (g) Within the Department of Citrus, the Florida
16 Citrus Advertising Trust Fund, including transfers from any
17 subsidiary accounts thereof, unless a different percentage is
18 authorized in s. 601.15(7).
19 (h) Within the Department of Community Affairs, the
20 Operating Trust Fund.
21 (i) Within the Department of Education:
22 1. The Educational Certification and Service Trust
23 Fund.
24 2. The Phosphate Research Trust Fund.
25 (j) Within the Department of Elderly Affairs:
26 1. The Administrative Trust Fund.
27 2. The Federal Grants Trust Fund.
28 3. The Grants and Donations Trust Fund.
29 4. The Operations and Maintenance Trust Fund.
30 (k) Within the Department of Environmental Protection:
31 1. The Administrative Trust Fund.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. The Air Pollution Control Trust Fund.
2 3. The Conservation and Recreation Lands Trust Fund.
3 4. The Ecosystem Management and Restoration Trust
4 Fund.
5 5. The Environmental Laboratory Trust Fund.
6 6. The Florida Coastal Protection Trust Fund.
7 7. The Florida Permit Fee Trust Fund.
8 8. The Forfeited Property Trust Fund.
9 9. The Grants and Donations Trust Fund.
10 10. The Inland Protection Trust Fund.
11 11. The Internal Improvement Trust Fund.
12 12. The Land Acquisition Trust Fund.
13 13. The Minerals Trust Fund.
14 14. The Nonmandatory Land Reclamation Trust Fund.
15 15. The State Park Trust Fund.
16 16. The Water Quality Assurance Trust Fund.
17 17. The Working Capital Trust Fund.
18 (l) Within the Department of Health:
19 1. The Administrative Trust Fund.
20 2. The Brain and Spinal Cord Injury Program Trust
21 Fund.
22 3. The Donations Trust Fund.
23 4. The Emergency Medical Services Trust Fund.
24 5. The Epilepsy Services Trust Fund.
25 6. The Florida Drug, Device, and Cosmetic Trust Fund.
26 7. The Grants and Donations Trust Fund.
27 8. The Medical Quality Assurance Trust Fund.
28 9. The Nursing Student Loan Forgiveness Trust Fund.
29 10. The Planning and Evaluation Trust Fund.
30 11. The Radiation Protection Trust Fund.
31 (m) Within the Department of Highway Safety and Motor
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Vehicles, the DUI Programs Coordination Trust Fund.
2 (n) Within the Department of Insurance:
3 1. The Agents and Solicitors County Tax Trust Fund.
4 2. The Insurance Commissioner's Regulatory Trust Fund.
5 (o) Within the Department of Labor and Employment
6 Security or, if such department is terminated, within the
7 agency or department to which the named trust fund has been
8 transferred:
9 1. The Special Disability Trust Fund.
10 2. The Special Employment Security Administration
11 Trust Fund.
12 3. The Workers' Compensation Administration Trust
13 Fund.
14 (p) Within the Department of Legal Affairs, the Crimes
15 Compensation Trust Fund.
16 (q) Within the Department of Management Services:
17 1. The Administrative Trust Fund.
18 2. The Architects Incidental Trust Fund.
19 3. The Bureau of Aircraft Trust Fund.
20 4. The Florida Facilities Pool Working Capital Trust
21 Fund.
22 5. The Grants and Donations Trust Fund.
23 6. The Motor Vehicle Operating Trust Fund.
24 7. The Police and Firefighters' Premium Tax Trust
25 Fund.
26 8. The Public Employees Relations Commission Trust
27 Fund.
28 9. The State Personnel System Trust Fund.
29 10. The Supervision Trust Fund.
30 11. The Working Capital Trust Fund.
31 (r) Within the Department of Revenue:
51
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. The Additional Court Cost Clearing Trust Fund.
2 2. The Administrative Trust Fund.
3 3. The Apalachicola Bay Oyster Surcharge Clearing
4 Trust Fund.
5 4. The Certification Program Trust Fund.
6 5. The Fuel Tax Collection Trust Fund.
7 6. The Land Reclamation Trust Fund.
8 7. The Local Alternative Fuel User Fee Clearing Trust
9 Fund.
10 8. The Local Option Fuel Tax Trust Fund.
11 9. The Motor Vehicle Rental Surcharge Clearing Trust
12 Fund.
13 10. The Motor Vehicle Warranty Trust Fund.
14 11. The Oil and Gas Tax Trust Fund.
15 12. The Secondhand Dealer and Secondary Metals
16 Recycler Clearing Trust Fund.
17 13. The Severance Tax Solid Mineral Trust Fund.
18 14. The State Alternative Fuel User Fee Clearing Trust
19 Fund.
20 15. All taxes levied on motor fuels other than
21 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
22 (s) Within the Department of State:
23 1. The Division of Licensing Trust Fund.
24 2. The Records Management Trust Fund.
25 3. The trust funds administered by the Division of
26 Historical Resources.
27 (t) Within the Department of Transportation, all
28 income derived from outdoor advertising and overweight
29 violations which is deposited in the State Transportation
30 Trust Fund.
31 (u) Within the Department of Veterans' Affairs:
52
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. The Grants and Donations Trust Fund.
2 2. The Operations and Maintenance Trust Fund.
3 3. The State Homes for Veterans Trust Fund.
4 (v) Within the Division of Administrative Hearings,
5 the Administrative Trust Fund.
6 (w) Within the Fish and Wildlife Conservation
7 Commission:
8 1. The Conservation and Recreation Lands Program Trust
9 Fund.
10 2. The Florida Panther Research and Management Trust
11 Fund.
12 3. The Land Acquisition Trust Fund.
13 4. The Marine Resources Conservation Trust Fund, with
14 the exception of those fees collected for recreational
15 saltwater fishing licenses as provided in s. 372.57.
16 (x) Within the Florida Public Service Commission, the
17 Florida Public Service Regulatory Trust Fund.
18 (y) Within the Justice Administrative Commission, the
19 Indigent Criminal Defense Trust Fund.
20
21 The enumeration of the foregoing moneys or trust funds shall
22 not prohibit the applicability thereto of s. 215.24 should the
23 Governor determine that for the reasons mentioned in s. 215.24
24 the money or trust funds should be exempt herefrom, as it is
25 the purpose of this law to exempt income from its force and
26 effect when, by the operation of this law, federal matching
27 funds or contributions or private grants to any trust fund
28 would be lost to the state.
29 (5) There is appropriated from the proper respective
30 trust funds from time to time such sums as may be necessary to
31 pay to the General Revenue Fund the service charges imposed by
53
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this section.
2 Section 61. The amendment of section 215.20, Florida
3 Statutes, by this act shall expire on July 1, 2003, and the
4 text of that section shall revert to that in existence on June
5 30, 2002, except that any amendments to such text enacted
6 other than by this act shall be preserved and continue to
7 operate to the extent that such amendments are not dependent
8 upon the portions of such text which expire pursuant to the
9 provisions of this act.
10 Section 62. In order to implement Specific
11 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
12 General Appropriations Act, subsection (1) of section 215.22,
13 Florida Statutes, is amended to read:
14 215.22 Certain income and certain trust funds
15 exempt.--
16 (1) The following income of a revenue nature or the
17 following trust funds shall be exempt from the appropriation
18 deduction required by s. 215.20(1):
19 (a) Student financial aid or prepaid tuition receipts.
20 (b) Trust funds administered by the Department of the
21 Lottery.
22 (c) Departmental administrative assessments for
23 administrative divisions.
24 (d) Funds charged by a state agency for services
25 provided to another state agency, by a state agency for
26 services provided to the judicial branch, or by the judicial
27 branch for services provided to a state agency.
28 (e) State, agency, or political subdivision
29 investments by the Treasurer.
30 (f) Retirement or employee benefit funds.
31 (g) Self-insurance programs administered by the
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Treasurer.
2 (h) Funds held for the payment of citrus canker
3 eradication and compensation.
4 (i) Medicaid, Medicare, or third-party receipts for
5 client custodial care.
6 (j) Bond proceeds or revenues dedicated for bond
7 repayment, except for the Documentary Stamp Clearing Trust
8 Fund administered by the Department of Revenue.
9 (k) Trust funds administered by the Department of
10 Education.
11 (l) Trust funds administered by the Department of
12 Transportation.
13 (m) The following trust funds administered by the
14 Department of Agriculture and Consumer Services:
15 1. The Citrus Inspection Trust Fund.
16 2. The Florida Forever Program Trust Fund.
17 3. The Florida Preservation 2000 Trust Fund.
18 4. The Market Improvements Working Capital Trust Fund.
19 5. The Pest Control Trust Fund.
20 6. The Plant Industry Trust Fund.
21 (n) The Motor Vehicle License Clearing Trust Fund.
22 (o) The Solid Waste Management Trust Fund.
23 (p) The Coconut Grove Playhouse Trust Fund.
24 (q) The Communications Working Capital Trust Fund of
25 the Department of Management Services.
26 (r) The Camp Blanding Management Trust Fund.
27 (s) The Indigent Criminal Defense Trust Fund.
28 (s)(t) That portion of the Highway Safety Operating
29 Trust Fund funded by the motorcycle safety education fee
30 collected pursuant to s. 320.08(1)(c).
31 (u) The Save the Manatee Trust Fund.
55
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (t)(v) Tobacco Settlement Trust Funds administered by
2 any agency.
3 (u)(w) The Save Our Everglades Trust Fund.
4 Section 63. The amendment of subsection (1) of section
5 215.22, Florida Statutes, by this act shall expire on July 1,
6 2003, and the text of that subsection shall revert to that in
7 existence on June 30, 2002, except that any amendments to such
8 text enacted other than by this act shall be preserved and
9 continue to operate to the extent that such amendments are not
10 dependent upon the portions of such text which expire pursuant
11 to the provisions of this act.
12 Section 64. In order to implement Specific
13 Appropriations 349, 1170, and 3119 of the 2002-2003 General
14 Appropriations Act, subsection (4) of section 18.10, Florida
15 Statutes, is amended to read:
16 18.10 Deposits and investments of state money.--
17 (4) All earnings on any investments made pursuant to
18 this section are hereby appropriated shall be credited to the
19 General Revenue Fund, except that earnings attributable to
20 moneys made available pursuant to s. 18.125(3)(a) and (b)
21 shall be credited pro rata to the funds from which such moneys
22 were made available.
23 Section 65. The amendment of subsection (4) of section
24 18.10, Florida Statutes, by this act shall expire on July 1,
25 2003, and the text of that subsection shall revert to that in
26 existence on June 30, 2002, except that any amendments to such
27 text enacted other than by this act shall be preserved and
28 continue to operate to the extent that such amendments are not
29 dependent upon the portions of such text which expire pursuant
30 to the provisions of this act.
31 Section 66. In order to implement Specific
56
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Appropriations 349, 1170, and 3119 of the 2002-2003 General
2 Appropriations Act, subsection (3) of section 18.125, Florida
3 Statutes, is amended to read:
4 18.125 Treasurer; powers and duties in the investment
5 of certain funds.--
6 (3)(a) Except as otherwise provided in this
7 subsection, it is the duty of each state agency, and of the
8 judicial branch, now or hereafter charged with the
9 administration of the funds referred to in subsection (1) to
10 make such moneys available for investment as fully as is
11 consistent with the cash requirements of the particular fund
12 and to authorize investment of such moneys by the Treasurer.
13 (b) Monthly, and more often as circumstances require,
14 such agency or judicial branch shall notify the Treasurer of
15 the amount available for investment; and the moneys shall be
16 invested by the Treasurer. Such notification shall include
17 the name and number of the fund for which the investments are
18 to be made and the life of the investment if the principal sum
19 is to be required for meeting obligations. This subsection,
20 however, shall not be construed to make available for
21 investment any funds other than those referred to in
22 subsection (1).
23 (c) Except as provided in this paragraph and except
24 for moneys described in paragraph (d), the following agencies
25 shall not invest trust fund moneys as provided in this
26 section, but shall retain such moneys in their respective
27 trust funds for investment, with interest appropriated to the
28 General Revenue Fund, pursuant to s. 18.10:
29 1. The Agency for Health Care Administration, except
30 for the Tobacco Settlement Trust Fund.
31 2. The Department of Children and Family Services,
57
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 except for:
2 a. The Alcohol, Drug Abuse, and Mental Health Trust
3 Fund.
4 b. The Community Resources Development Trust Fund.
5 c. The Refugee Assistance Trust Fund.
6 d. The Social Services Block Grant Trust Fund.
7 e. The Tobacco Settlement Trust Fund.
8 f. The Working Capital Trust Fund.
9 3. The Department of Community Affairs, only for the
10 Operating Trust Fund.
11 4. The Department of Corrections.
12 5. The Department of Elderly Affairs, except for:
13 a. The Federal Grants Trust Fund.
14 b. The Tobacco Settlement Trust Fund.
15 6. The Department of Health, except for:
16 a. The Federal Grants Trust Fund.
17 b. The Grants and Donations Trust Fund.
18 c. The Maternal and Child Health Block Grant Trust
19 Fund.
20 d. The Tobacco Settlement Trust Fund.
21 7. The Department of Highway Safety and Motor
22 Vehicles, only for:
23 a. The DUI Programs Coordination Trust Fund.
24 b. The Security Deposits Trust Fund.
25 8. The Department of Juvenile Justice.
26 9. The Department of Labor and Employment Security,
27 only for the Administrative Trust Fund.
28 10. The Department of Law Enforcement.
29 11. The Department of Legal Affairs.
30 12. The Department of State, only for:
31 a. The Grants and Donations Trust Fund.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 b. The Records Management Trust Fund.
2 13. The Executive Office of the Governor, only for:
3 a. The Economic Development Transportation Trust Fund.
4 b. The Economic Development Trust Fund.
5 14. The Florida Public Service Commission, only for
6 the Florida Public Service Regulatory Trust Fund.
7 15. The Justice Administrative Commission.
8 16. The state courts system.
9 (d) Moneys in any trust funds of the agencies in
10 paragraph (c) may be invested pursuant to the provisions of
11 this section if:
12 1. Investment of such moneys and the retention of
13 interest is required by federal programs or mandates;
14 2. Investment of such moneys and the retention of
15 interest is required by bond covenants, indentures, or
16 resolutions;
17 3. Such moneys are held by the state in a trustee
18 capacity as an agent or fiduciary for individuals, private
19 organizations, or other governmental units; or
20 4. The Executive Office of the Governor determines,
21 after consultation with the Legislature pursuant to the
22 procedures of s. 216.177, that federal matching funds or
23 contributions or private grants to any trust fund would be
24 lost to the state.
25 Section 67. The amendment of subsection (3) of section
26 18.125, Florida Statutes, by this act shall expire on July 1,
27 2003, and the text of that subsection shall revert to that in
28 existence on June 30, 2002, except that any amendments to such
29 text enacted other than by this act shall be preserved and
30 continue to operate to the extent that such amendments are not
31 dependent upon the portions of such text which expire pursuant
59
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to the provisions of this act.
2 Section 68. Effective July 30, 2002, in order to
3 implement Specific Appropriation 3119 of the 2002-2003 General
4 Appropriations Act, paragraph (f) of subsection (2) of section
5 14.2015, Florida Statutes, is amended to read:
6 14.2015 Office of Tourism, Trade, and Economic
7 Development; creation; powers and duties.--
8 (2) The purpose of the Office of Tourism, Trade, and
9 Economic Development is to assist the Governor in working with
10 the Legislature, state agencies, business leaders, and
11 economic development professionals to formulate and implement
12 coherent and consistent policies and strategies designed to
13 provide economic opportunities for all Floridians. To
14 accomplish such purposes, the Office of Tourism, Trade, and
15 Economic Development shall:
16 (f)1. Administer the Florida Enterprise Zone Act under
17 ss. 290.001-290.016, the community contribution tax credit
18 program under ss. 220.183 and 624.5105, the tax refund program
19 for qualified target industry businesses under s. 288.106, the
20 tax-refund program for qualified defense contractors under s.
21 288.1045, contracts for transportation projects under s.
22 288.063, the sports franchise facility program under s.
23 288.1162, the professional golf hall of fame facility program
24 under s. 288.1168, the expedited permitting process under s.
25 403.973, the Rural Community Development Revolving Loan Fund
26 under s. 288.065, the Regional Rural Development Grants
27 Program under s. 288.018, the Certified Capital Company Act
28 under s. 288.99, the Florida State Rural Development Council,
29 the Rural Economic Development Initiative, and other programs
30 that are specifically assigned to the office by law, by the
31 appropriations process, or by the Governor. Notwithstanding
60
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any other provisions of law, the office may expend interest
2 earned from the investment of program funds deposited in the
3 Economic Development Trust Fund, the Grants and Donations
4 Trust Fund and, the Brownfield Property Ownership Clearance
5 Assistance Revolving Loan Trust Fund, and the Economic
6 Development Transportation Trust Fund to contract for the
7 administration of the programs, or portions of the programs,
8 enumerated in this paragraph or assigned to the office by law,
9 by the appropriations process, or by the Governor. Such
10 expenditures shall be subject to review under chapter 216.
11 2. The office may enter into contracts in connection
12 with the fulfillment of its duties concerning the Florida
13 First Business Bond Pool under chapter 159, tax incentives
14 under chapters 212 and 220, tax incentives under the Certified
15 Capital Company Act in chapter 288, foreign offices under
16 chapter 288, the Enterprise Zone program under chapter 290,
17 the Seaport Employment Training program under chapter 311, the
18 Florida Professional Sports Team License Plates under chapter
19 320, Spaceport Florida under chapter 331, Expedited Permitting
20 under chapter 403, and in carrying out other functions that
21 are specifically assigned to the office by law, by the
22 appropriations process, or by the Governor.
23 Section 69. The amendment of paragraph (f) of
24 subsection (2) of section 14.2015, Florida Statutes, by this
25 act shall expire on July 1, 2003, and the text of that
26 paragraph shall revert to that in existence on July 29, 2002,
27 except that any amendments to such text enacted other than by
28 this act shall be preserved and continue to operate to the
29 extent that such amendments are not dependent upon the
30 portions of such text which expire pursuant to the provisions
31 of this act.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 70. In order to implement Specific
2 Appropriation 349 of the 2002-2003 General Appropriations Act,
3 subsection (8) of section 240.4075, Florida Statutes, as
4 renumbered by section 2 of chapter 2002-230, Laws of Florida,
5 is amended to read:
6 240.4075 Nursing Student Loan Forgiveness Program.--
7 (8)(a) Funds contained in the Nursing Student Loan
8 Forgiveness Trust Fund which are to be used for loan
9 forgiveness for those nurses employed by hospitals, birth
10 centers, and nursing homes must be matched on a
11 dollar-for-dollar basis by contributions from the employing
12 institutions, except that this provision shall not apply to
13 state-operated medical and health care facilities, public
14 schools, county health departments, federally sponsored
15 community health centers, teaching hospitals as defined in s.
16 408.07, family practice teaching hospitals as defined in s.
17 395.805, or specialty hospitals for children as used in s.
18 409.9119. If in any given fiscal quarter there are
19 insufficient funds in the trust fund to grant all eligible
20 applicant requests, awards shall be based on the following
21 priority of employer: county health departments; federally
22 sponsored community health centers; state-operated medical and
23 health care facilities; public schools; teaching hospitals as
24 defined in s. 408.07; family practice teaching hospitals as
25 defined in s. 395.805; specialty hospitals for children as
26 used in s. 409.9119; and other hospitals, birth centers, and
27 nursing homes.
28 (b) All Nursing Student Loan Forgiveness Trust Fund
29 moneys shall be invested pursuant to s. 18.125. Interest
30 income accruing to that portion of the trust fund not matched
31 shall increase the total funds available for loan forgiveness
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and scholarships. Pledged contributions shall not be eligible
2 for matching prior to the actual collection of the total
3 private contribution for the year.
4 Section 71. The amendment of subsection (8) of section
5 240.4075, Florida Statutes, by this act shall expire on July
6 1, 2003, and the text of that subsection shall revert to that
7 in existence on June 30, 2002, except that any amendments to
8 such text enacted other than by this act shall be preserved
9 and continue to operate to the extent that such amendments are
10 not dependent upon the portions of such text which expire
11 pursuant to the provisions of this act.
12 Section 72. In order to implement Specific
13 Appropriation 349 of the 2002-2003 General Appropriations Act,
14 subsection (3) of section 385.207, Florida Statutes, is
15 amended to read:
16 385.207 Care and assistance of persons with epilepsy;
17 establishment of programs in epilepsy control.--
18 (3) Revenue for statewide implementation of programs
19 for epilepsy prevention and education pursuant to this section
20 shall be derived pursuant to the provisions of s. 318.21(6)
21 and shall be deposited in the Epilepsy Services Trust Fund,
22 which is hereby established to be administered by the
23 Department of Health. All funds deposited into the trust fund
24 shall be invested pursuant to the provisions of s. 18.125.
25 Interest income accruing to such invested funds shall increase
26 the total funds available under this subsection.
27 Section 73. The amendment of subsection (3) of section
28 385.207, Florida Statutes, by this act shall expire on July 1,
29 2003, and the text of that subsection shall revert to that in
30 existence on June 30, 2002, except that any amendments to such
31 text enacted other than by this act shall be preserved and
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 continue to operate to the extent that such amendments are not
2 dependent upon the portions of such text which expire pursuant
3 to the provisions of this act.
4 Section 74. In order to implement Specific
5 Appropriation 1170 of the 2002-2003 General Appropriations
6 Act, subsection (1) of section 860.158, Florida Statutes, is
7 amended to read:
8 860.158 Florida Motor Vehicle Theft Prevention Trust
9 Fund.--
10 (1) There is hereby established within the Department
11 of Legal Affairs the Florida Motor Vehicle Theft Prevention
12 Trust Fund, which shall be administered by the executive
13 director of the authority at the direction of the board. All
14 interest earned from the investment or deposit of moneys
15 accumulated in the trust fund shall be deposited in the trust
16 fund. The trust fund shall be funded from the surcharge
17 collected under s. 320.08046.
18 Section 75. The amendment of subsection (1) of section
19 860.158, Florida Statutes, by this act shall expire on July 1,
20 2003, and the text of that subsection shall revert to that in
21 existence on June 30, 2002, except that any amendments to such
22 text enacted other than by this act shall be preserved and
23 continue to operate to the extent that such amendments are not
24 dependent upon the portions of such text which expire pursuant
25 to the provisions of this act.
26 Section 76. In order to implement Specific
27 Appropriation 1170 of the 2002-2003 General Appropriations
28 Act, subsection (1) of section 938.01, Florida Statutes, as
29 amended by section 18 of chapter 2002-55, Laws of Florida, is
30 amended to read:
31 938.01 Additional Court Cost Clearing Trust Fund.--
64
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) All courts created by Art. V of the State
2 Constitution shall, in addition to any fine or other penalty,
3 assess $3 as a court cost against every person convicted for
4 violation of a state penal or criminal statute or convicted
5 for violation of a municipal or county ordinance. Any person
6 whose adjudication is withheld pursuant to the provisions of
7 s. 318.14(9) or (10) shall also be assessed such cost. In
8 addition, $3 from every bond estreature or forfeited bail bond
9 related to such penal statutes or penal ordinances shall be
10 remitted to the Department of Revenue as described in this
11 subsection. However, no such assessment may be made against
12 any person convicted for violation of any state statute,
13 municipal ordinance, or county ordinance relating to the
14 parking of vehicles.
15 (a) All costs collected by the courts pursuant to this
16 subsection shall be remitted to the Department of Revenue in
17 accordance with administrative rules adopted by the executive
18 director of the Department of Revenue for deposit in the
19 Additional Court Cost Clearing Trust Fund. These funds and the
20 funds deposited in the Additional Court Cost Clearing Trust
21 Fund pursuant to s. 318.21(2)(c) shall be distributed as
22 follows:
23 1. Ninety-two percent to the Department of Law
24 Enforcement Criminal Justice Standards and Training Trust
25 Fund.
26 2. Six and three-tenths percent to the Department of
27 Law Enforcement Operating Trust Fund for the Criminal Justice
28 Grant Program.
29 3. One and seven-tenths percent to the Department of
30 Children and Family Services Domestic Violence Trust Fund for
31 the domestic violence program pursuant to s. 39.903(3).
65
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) The funds deposited in the Department of Law
2 Enforcement Criminal Justice Standards and Training Trust
3 Fund, the Department of Law Enforcement Operating Trust Fund,
4 and the Department of Children and Family Services Domestic
5 Violence Trust Fund may be invested. Any interest earned from
6 investing such funds and any unencumbered funds remaining at
7 the end of the budget cycle shall remain in the respective
8 trust fund.
9 (b)(c) All funds in the Department of Law Enforcement
10 Criminal Justice Standards and Training Trust Fund shall be
11 disbursed only in compliance with s. 943.25(9).
12 Section 77. The amendment of subsection (1) of section
13 938.01, Florida Statutes, by this act shall expire on July 1,
14 2003, and the text of that subsection shall revert to that in
15 existence on June 30, 2002, except that any amendments to such
16 text enacted other than by this act shall be preserved and
17 continue to operate to the extent that such amendments are not
18 dependent upon the portions of such text which expire pursuant
19 to the provisions of this act.
20 Section 78. It is the policy of the state that no
21 state agency or local governmental entity receiving any funds
22 pursuant to the 2002-2003 General Appropriations Act shall
23 expend any such funds for newspaper, magazine, direct mail,
24 radio, television, or outdoor advertising in support of, or in
25 opposition to, any candidate or issue appearing on the ballot.
26 Any violation of this policy shall result in the forfeiture
27 and reversion of 5 percent of state funds appropriated or
28 distributed to that agency or entity in the 2002-2003 General
29 Appropriations Act. The Comptroller or Chief Financial Officer
30 shall be responsible for the enforcement of this section.
31 Section 79. A section of this act that implements a
66
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 specific appropriation or specifically identified proviso
2 language in the 2002-2003 General Appropriations Act is void
3 if the specific appropriation or specifically identified
4 proviso language is vetoed. A section of this act that
5 implements more than one specific appropriation or more than
6 one portion of specifically identified proviso language in the
7 2002-2003 General Appropriations Act is void if all the
8 specific appropriations or portions of specifically identified
9 proviso language are vetoed.
10 Section 80. If any other act passed in 2002 contains a
11 provision that is substantively the same as a provision in
12 this act, but that removes or is otherwise not subject to the
13 future repeal applied to such provision by this act, the
14 Legislature intends that the provision in the other act shall
15 take precedence and shall continue to operate, notwithstanding
16 the future repeal provided by this act.
17 Section 81. The agency performance measures and
18 standards in the document entitled "Florida's Budget 2002
19 Agency Performance Measures and Standards Approved by the
20 Legislature for Fiscal Year 2002-03" dated May 10, 2002, and
21 filed with the Clerk of the House of Representatives are
22 incorporated by reference. Such performance measures and
23 standards are directly linked to the appropriations made in
24 the General Appropriations Act for fiscal year 2002-2003, as
25 required by the Government Performance and Accountability Act
26 of 1994. State agencies are directed to revise their
27 long-range program plans required under s. 216.013, Florida
28 Statutes, to be consistent with these performance measures and
29 standards.
30 Section 82. If any provision of this act or its
31 application to any person or circumstance is held invalid, the
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 invalidity shall not affect other provisions or applications
2 of the act which can be given effect without the invalid
3 provision or application, and to this end the provisions of
4 this act are declared severable.
5 Section 83. Except as otherwise provided in this act,
6 this act shall take effect July 1, 2002; or, in the event this
7 act fails to become a law until after that date, it shall take
8 effect upon becoming a law and shall operate retroactively to
9 July 1, 2002.
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 remove everything before the enacting clause
15
16 and insert:
17 A bill to be entitled
18 An act implementing the 2002-2003 General
19 Appropriations Act; providing legislative
20 intent; providing accounting requirements for
21 the state universities for the 2002-2003 fiscal
22 year; amending s. 229.085, F.S.; exempting
23 personnel employed to plan and administer
24 grants or contracts for specific educational
25 projects from requirements for positions in
26 excess of those authorized; amending s.
27 236.7011, F.S.; deferring application of a
28 restriction on the expenditure of funds
29 received from the indirect cost allowance on
30 federal grants; providing limitation on state
31 appropriations for Knott Data Center and
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Projects, Contracts, and Grants Programs;
2 amending s. 240.4015, F.S.; extending the time
3 initial award recipients have to complete
4 certain examinations under the Florida Bright
5 Futures Scholarship Testing Program; increasing
6 the percentage of funds from the financial aid
7 fee to be used for need-based financial aid;
8 amending s. 230.23024, F.S.; providing for Land
9 Acquisition and Facilities Maintenance
10 Operations Advisory Boards to assist district
11 school boards with deficiencies related to
12 growth in student population; amending ss.
13 430.204 and 430.205, F.S.; requiring the
14 Department of Elderly Affairs to fund certain
15 community care services and core services for
16 the elderly; amending s. 216.292, F.S.;
17 authorizing the Department of Children and
18 Family Services to transfer funds within the
19 family safety program; amending s. 401.113,
20 F.S.; providing that moneys in the Emergency
21 Medical Services Trust Fund may also be used
22 for the purpose of funding the rural hospital
23 capital improvement grant program; amending s.
24 295.182, F.S.; authorizing contributions to the
25 Florida World War II Veterans Memorial Matching
26 Trust Fund from public bodies; amending s.
27 561.121, F.S.; providing that moneys in the
28 Children and Adolescents Substance Abuse Trust
29 Fund may also be used for the purpose of
30 funding programs directed at reducing and
31 eliminating substance abuse problems among
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adults; amending s. 381.0066, F.S.; continuing
2 the additional fee on new construction permits
3 for onsite sewage treatment and disposal
4 systems the proceeds of which are used for
5 system research, demonstration, and training
6 projects; amending s. 409.1671, F.S.;
7 authorizing the Department of Children and
8 Family Services to combine current
9 community-based care lead agency contracts for
10 Sarasota, Manatee, and DeSoto Counties into a
11 single contract; amending s. 385.207, F.S.;
12 authorizing appropriation of funds in the
13 Epilepsy Services Trust Fund for epilepsy case
14 management services; authorizing the Department
15 of Law Enforcement to use certain moneys to
16 provide bonuses to employees for meritorious
17 performance, subject to review; amending s.
18 216.181, F.S.; authorizing the Department of
19 Law Enforcement to transfer positions and
20 associated budget and a certain percentage of
21 salary rate between budget entities and
22 providing requirements with respect thereto;
23 authorizing the Correctional Privatization
24 Commission to make certain expenditures to
25 defray costs incurred by a municipality or
26 county as a result of opening or operating a
27 facility under authority of the commission or
28 the Department of Juvenile Justice; amending s.
29 16.555, F.S.; authorizing use of the Crime
30 Stoppers Trust Fund to pay for salaries and
31 benefits and other expenses of the Department
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Legal Affairs; amending s. 860.158, F.S.;
2 providing directives for the use of moneys in
3 the Florida Motor Vehicle Theft Prevention
4 Trust Fund; amending s. 985.4075, F.S.;
5 prohibiting the use of juvenile justice
6 appropriations made for operations as one-time
7 startup funding for fixed capital outlay;
8 amending s. 216.262, F.S.; providing for
9 additional positions to operate additional
10 prison bed capacity under certain
11 circumstances; amending s. 932.7055, F.S.;
12 allowing municipal special law enforcement
13 trust funds to be used to reimburse certain
14 loans from municipalities; amending s. 375.041,
15 F.S.; providing for use of moneys allocated to
16 the Land Acquisition Trust Fund as provided in
17 the General Appropriations Act; amending s.
18 259.032, F.S.; providing for additional uses of
19 funds of the Conservation and Recreation Lands
20 Trust Fund; amending s. 215.555, F.S.;
21 providing for disbursement of certain funds in
22 the Florida Hurricane Catastrophe Fund to the
23 Ecosystem Management and Restoration Trust
24 Fund; amending s. 581.184, F.S.; requiring
25 notice to the property owner of the removal of
26 infected citrus trees or citrus trees exposed
27 to infection; amending s. 581.1845, F.S.;
28 revising eligibility for compensation of
29 homeowners under the citrus canker eradication
30 program; prescribing the amount of compensation
31 for trees taken in the citrus canker
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 eradication program; amending s. 373.470, F.S.;
2 removing a requirement to deposit certain funds
3 into the Save Our Everglades Trust Fund;
4 amending s. 403.7095, F.S.; prescribing
5 conditions on solid waste management and
6 recycling grants; amending s. 215.981, F.S.;
7 exempting certain citizen support organizations
8 for the Department of Environmental Protection
9 from the requirement to have an independent
10 audit; amending s. 287.161, F.S.; requiring the
11 Department of Management Services to charge all
12 persons receiving transportation from the
13 executive aircraft pool a specified rate;
14 amending s. 403.1838, F.S.; authorizing waiver
15 of certain reserve requirements for state
16 grants to small communities for construction of
17 wastewater facilities; amending s. 550.09515,
18 F.S.; exempting thoroughbred permitholders from
19 certain tax requirements; amending s. 550.5251,
20 F.S.; exempting thoroughbred permitholders from
21 certain performance requirements; amending s.
22 110.116, F.S.; authorizing the Department of
23 Management Services to contract with a vendor
24 to provide a personnel information system;
25 amending s. 110.152, F.S.; authorizing the
26 Department of Management Services to make
27 lump-sum payments for adoption benefits for
28 state employees; amending s. 110.2035, F.S.;
29 revising provisions governing the
30 classification and compensation program for
31 state employees; requiring the Department of
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Management Services to adopt rules, including
2 emergency rules, necessary to implement such
3 program; amending s. 110.12315, F.S.; providing
4 copayment requirements for the state employees'
5 prescription drug program; providing for a
6 preferred brand name drug list to be used in
7 the administration of such program; amending s.
8 110.1239, F.S.; providing requirements for the
9 funding of the state group health insurance
10 program; amending s. 112.061, F.S.; providing
11 for computation of travel time and
12 reimbursement for public officers' and
13 employees' travel; amending s. 121.71, F.S.;
14 providing for recognition and usage of current
15 available excess assets of the Florida
16 Retirement System Trust Fund to offset employer
17 contribution rates for the Florida Retirement
18 System; amending s. 489.118, F.S.; providing
19 for issuance of certification to certain
20 applicant contractors upon successful
21 completion of an oral examination; authorizing
22 the Department of Business and Professional
23 Regulation to transfer positions and resources
24 to begin implementation of certain
25 reengineering issues; providing for retention
26 of knowledge experts within the Division of
27 Florida Land Sales, Condominiums, and Mobile
28 Homes and the Division of Alcoholic Beverages
29 and Tobacco; revising a trust fund assessment
30 methodology applicable to those divisions;
31 providing for maintenance of sanitation and
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 safety inspectors in the field offices;
2 providing for roles and responsibilities of the
3 Division of Hotels and Restaurants and the
4 compliance entity; delineating the authority to
5 submit certain legislative acts for
6 preclearance under the federal Voting Rights
7 Act; authorizing the payment of certain
8 executive activities from legislative
9 appropriations; providing for retroactive
10 application; amending s. 252.373, F.S.;
11 providing for use of funds of the Emergency
12 Management, Preparedness, and Assistance Trust
13 Fund, including use of certain funds as state
14 match for federally approved Hazard Mitigation
15 Grant Program projects; amending s. 288.063,
16 F.S.; providing that certain transportation
17 projects may be designated and funded by the
18 Legislature as necessary for economic
19 development; amending s. 402.3017, F.S.;
20 providing for administration of the Teacher
21 Education and Compensation Helps (TEACH)
22 scholarship program; amending s. 125.35, F.S.;
23 authorizing counties to lease certain property
24 in empowerment zones for certain public
25 purposes; amending s. 338.2216, F.S.; providing
26 that certain positions under the Florida
27 Turnpike Enterprise remain in the career
28 service; amending s. 339.12, F.S.; deferring
29 application of a provision granting preference
30 to certain counties for transportation grants
31 under specified circumstances; amending s.
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CONFERENCE COMMITTEE AMENDMENT
187-958DX-21 Bill No. HB 29-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 411.01, F.S.; providing priority for placement
2 of children in the school readiness program;
3 amending s. 215.20, F.S.; appropriating the
4 service charges on certain income and trust
5 funds to the General Revenue Fund; amending s.
6 215.22, F.S.; exempting certain income and
7 trust funds from such appropriation; amending
8 s. 18.10, F.S.; appropriating certain
9 investment earnings to the General Revenue
10 Fund; amending s. 18.125, F.S.; revising
11 investment requirements for certain trust
12 funds; amending ss. 14.2015, 240.4075, 385.207,
13 860.158, and 938.01, F.S., to conform;
14 prohibiting expenditure of certain state funds
15 for advertising in support of or in opposition
16 to any candidate or ballot issue and providing
17 for enforcement and penalties; providing for
18 future repeal or expiration of various
19 provisions; providing for reversion of certain
20 provisions; providing effect of veto of
21 specific appropriation or proviso to which
22 implementing language refers; providing
23 applicability to other legislation;
24 incorporating by reference specified
25 performance measures and standards directly
26 linked to the appropriations made in the
27 2002-2003 General Appropriations Act, as
28 required by the Government Performance and
29 Accountability Act of 1994; providing
30 severability; providing effective dates.
31
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