House Bill hb0029E
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Florida House of Representatives - 2002 HB 29-E
By the Fiscal Responsibility Council and Representative
Lacasa
1 A bill to be entitled
2 An act implementing the 2002-2003 General
3 Appropriations Act; providing legislative
4 intent; amending s. 236.081, F.S., relating to
5 the Florida Education Finance Program; revising
6 calculation of additional full-time equivalent
7 membership based on the Advanced International
8 Certificate of Education Program; revising the
9 basis of the quality assurance guarantee;
10 amending s. 229.085, F.S.; exempting personnel
11 employed to plan and administer grants or
12 contracts for specific educational projects
13 from requirements for positions in excess of
14 those authorized; providing accounting
15 requirements for the state universities for the
16 2002-2003 fiscal year; amending s. 236.081,
17 F.S.; deferring application of a method for
18 adjusting a school district's full-time
19 equivalent membership; providing district
20 school boards flexibility in the use of certain
21 categorical appropriations for purposes of
22 academic classroom instruction; amending s.
23 236.7011, F.S.; deferring application of a
24 restriction on the expenditure of funds
25 received from the indirect cost allowance on
26 federal grants; providing limitation on state
27 appropriations for Knott Data Center and
28 Projects, Contracts, and Grants Programs;
29 amending s. 240.4015, F.S.; extending the time
30 initial award recipients have to complete
31 certain examinations under the Florida Bright
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Florida House of Representatives - 2002 HB 29-E
187-958C-02E
1 Futures Scholarship Testing Program; amending
2 s. 216.181, F.S.; authorizing the Department of
3 Children and Family Services and the Department
4 of Health to advance certain moneys for certain
5 contract services; amending ss. 430.204 and
6 430.205, F.S.; requiring the Department of
7 Elderly Affairs to fund certain community care
8 services and core services for the elderly;
9 amending s. 216.292, F.S.; authorizing the
10 Department of Children and Family Services to
11 transfer funds within the family safety
12 program; amending s. 401.113, F.S.; providing
13 that moneys in the Emergency Medical Services
14 Trust Fund may also be used for the purpose of
15 funding the rural hospital capital improvement
16 grant program; amending s. 295.182, F.S.;
17 authorizing contributions to the Florida World
18 War II Veterans Memorial Matching Trust Fund
19 from public bodies; amending s. 561.121, F.S.;
20 providing that moneys in the Children and
21 Adolescents Substance Abuse Trust Fund may also
22 be used for the purpose of funding programs
23 directed at reducing and eliminating substance
24 abuse problems among adults; amending s.
25 381.0066, F.S.; continuing the additional fee
26 on new construction permits for onsite sewage
27 treatment and disposal systems the proceeds of
28 which are used for system research,
29 demonstration, and training projects;
30 authorizing the Department of Law Enforcement
31 to use certain moneys to provide bonuses to
2
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Florida House of Representatives - 2002 HB 29-E
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1 employees for meritorious performance, subject
2 to review; amending s. 216.181, F.S.;
3 authorizing the Department of Law Enforcement
4 to transfer positions and associated budget and
5 a certain percentage of salary rate between
6 budget entities and providing requirements with
7 respect thereto; authorizing the Correctional
8 Privatization Commission to make certain
9 expenditures to defray costs incurred by a
10 municipality or county as a result of opening
11 or operating a facility under authority of the
12 commission or the Department of Juvenile
13 Justice; amending s. 16.555, F.S.; authorizing
14 use of the Crime Stoppers Trust Fund to pay for
15 salaries and benefits and other expenses of the
16 Department of Legal Affairs; amending s.
17 860.158, F.S.; providing directives for the use
18 of moneys in the Florida Motor Vehicle Theft
19 Prevention Trust Fund; amending s. 985.4075,
20 F.S.; prohibiting the use of juvenile justice
21 appropriations made for operations as one-time
22 startup funding for fixed capital outlay;
23 amending s. 932.7055, F.S.; allowing municipal
24 special law enforcement trust funds to be used
25 to reimburse certain loans from municipalities;
26 amending s. 375.041, F.S.; providing for use of
27 moneys allocated to the Land Acquisition Trust
28 Fund as provided in the General Appropriations
29 Act; amending s. 403.709, F.S.; providing for
30 use of moneys allocated to the Solid Waste
31 Management Trust Fund as provided in the
3
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Florida House of Representatives - 2002 HB 29-E
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1 General Appropriations Act; amending s. 373.59,
2 F.S.; requiring release of certain moneys by
3 the Secretary of Environmental Protection to
4 water management districts, upon request;
5 amending s. 581.1845, F.S.; revising
6 eligibility for compensation of homeowners
7 under the citrus canker eradication program;
8 prescribing the amount of compensation for
9 trees taken in the citrus canker eradication
10 program; amending s. 373.470, F.S.; removing a
11 requirement to deposit certain funds into the
12 Save Our Everglades Trust Fund; amending s.
13 216.181, F.S.; allowing transfers of positions
14 and funds among departments necessary for
15 implementation of the office of Chief Financial
16 Officer; requiring approval by the Legislative
17 Budget Commission; amending s. 403.7095, F.S.;
18 prescribing conditions on solid waste
19 management and recycling grants; amending s.
20 215.981, F.S.; exempting certain citizen
21 support organizations for the Department of
22 Environmental Protection from the requirement
23 to have an independent audit; amending s.
24 287.161, F.S.; requiring the Department of
25 Management Services to charge all persons
26 receiving transportation from the executive
27 aircraft pool a specified rate; amending s.
28 403.1835, F.S.; authorizing a temporary
29 moratorium in certain counties on reserve
30 requirements for certain water pollution
31 control loans; exempting thoroughbred
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Florida House of Representatives - 2002 HB 29-E
187-958C-02E
1 permitholders from fine or suspension or
2 revocation of license or permit for failure to
3 meet performance and tax requirements; amending
4 s. 110.152, F.S.; authorizing the Department of
5 Management Services to make lump-sum payments
6 for adoption benefits for state employees;
7 amending s. 110.2035, F.S.; revising provisions
8 governing the classification and compensation
9 program for state employees; requiring the
10 Department of Management Services to adopt
11 rules, including emergency rules, necessary to
12 implement such program; amending s. 110.12315,
13 F.S.; providing copayment requirements for the
14 state employees' prescription drug program;
15 providing for a preferred brand name drug list
16 to be used in the administration of such
17 program; amending s. 110.1239, F.S.; providing
18 requirements for the funding of the state group
19 health insurance program; amending s. 112.061,
20 F.S.; providing for computation of travel time
21 and reimbursement for public officers' and
22 employees' travel; amending s. 163.3184, F.S.;
23 prescribing standards for the state land
24 planning agency to use when issuing notice of
25 intent on a comprehensive plan or plan
26 amendment; amending s. 252.373, F.S.; providing
27 for use of certain funds of the Emergency
28 Management, Preparedness, and Assistance Trust
29 Fund for purposes of local disaster
30 preparedness and as state match for federally
31 approved Hazard Mitigation Grant Program
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Florida House of Representatives - 2002 HB 29-E
187-958C-02E
1 projects; amending s. 288.063, F.S.; providing
2 that certain transportation projects may be
3 designated and funded by the Legislature as
4 necessary for economic development; amending s.
5 402.3017, F.S.; providing for administration of
6 the Teacher Education and Compensation Helps
7 (TEACH) scholarship program; amending s.
8 125.35, F.S.; authorizing counties to lease
9 certain property in empowerment zones for
10 certain public purposes; amending s. 338.2216,
11 F.S.; providing that certain positions under
12 the Florida Turnpike Enterprise remain in the
13 career service; amending s. 215.20, F.S.;
14 appropriating the service charges on certain
15 income and trust funds to the General Revenue
16 Fund; amending s. 215.22, F.S.; exempting
17 certain income and trust funds from such
18 appropriation; amending s. 18.10, F.S.;
19 appropriating certain investment earnings to
20 the General Revenue Fund; amending s. 18.125,
21 F.S.; revising investment requirements for
22 certain trust funds; amending ss. 14.2015,
23 240.4075, 385.207, 860.158, and 938.01, F.S.,
24 to conform; providing for future repeal or
25 expiration of various provisions; providing for
26 reversion of certain provisions; providing
27 effect of veto of specific appropriation or
28 proviso to which implementing language refers;
29 providing applicability to other legislation;
30 incorporating by reference specified
31 performance measures and standards directly
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Florida House of Representatives - 2002 HB 29-E
187-958C-02E
1 linked to the appropriations made in the
2 2001-2002 General Appropriations Act, as
3 required by the Government Performance and
4 Accountability Act of 1994; providing
5 severability; providing effective dates.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. It is the intent of the Legislature that
10 the implementing and administering provisions of this act
11 apply to the General Appropriations Act for fiscal year
12 2002-2003.
13 Section 2. In order to implement Specific
14 Appropriation 105 of the 2002-2003 General Appropriations Act,
15 paragraph (k) of subsection (1) and subsection (8) of section
16 236.081, Florida Statutes, as amended by section 1 of chapter
17 2001-47 and section 4 of chapter 2001-254, Laws of Florida,
18 are amended to read:
19 236.081 Funds for operation of schools.--If the annual
20 allocation from the Florida Education Finance Program to each
21 district for operation of schools is not determined in the
22 annual appropriations act or the substantive bill implementing
23 the annual appropriations act, it shall be determined as
24 follows:
25 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
26 OPERATION.--The following procedure shall be followed in
27 determining the annual allocation to each district for
28 operation:
29 (k) Calculation of additional full-time equivalent
30 membership based on international baccalaureate examination
31 scores of students.--A value of 0.24 full-time equivalent
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Florida House of Representatives - 2002 HB 29-E
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1 student membership shall be calculated for each student
2 enrolled in an international baccalaureate course who receives
3 a score of 4 or higher on a subject examination. A value of
4 0.3 full-time equivalent student membership shall be
5 calculated for each student who receives an international
6 baccalaureate diploma. Such value shall be added to the total
7 full-time equivalent student membership in basic programs for
8 grades 9 through 12 in the subsequent fiscal year. During the
9 1997-1998, 1998-1999, and 1999-2000 school years of the pilot
10 program authorized in s. 240.116, Students enrolled in the
11 Advanced International Certificate of Education Program shall
12 generate full-time equivalent student membership in a manner
13 that is equitable to the manner in which students enrolled in
14 the International Baccalaureate Program generate full-time
15 equivalent student membership. During 1997-1998, a maximum of
16 40 students in each participating school district is
17 authorized to generate full-time equivalent student membership
18 in the pilot program, and in 1998-1999 and 1999-2000 a maximum
19 of 80 students per year in each participating school district
20 is authorized to generate full-time equivalent student
21 membership in the pilot program. The school district shall
22 distribute to each classroom teacher who provided
23 international baccalaureate instruction:
24 1. A bonus in the amount of $50 for each student
25 taught by the International Baccalaureate teacher in each
26 international baccalaureate course who receives a score of 4
27 or higher on the international baccalaureate examination.
28 2. An additional bonus of $500 to each International
29 Baccalaureate teacher in a school designated performance grade
30 category "D" or "F" who has at least one student scoring 4 or
31 higher on the international baccalaureate examination,
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1 regardless of the number of classes taught or of the number of
2 students scoring a 4 or higher on the international
3 baccalaureate examination.
4
5 Bonuses awarded to a teacher according to this paragraph shall
6 not exceed $2,000 in any given school year and shall be in
7 addition to any regular wage or other bonus the teacher
8 received or is scheduled to receive.
9 (8) QUALITY ASSURANCE GUARANTEE.--The Legislature may
10 annually in the General Appropriations Act determine a
11 percentage increase in funds per K-12 unweighted weighted FTE
12 as a minimum guarantee to each school district. The guarantee
13 shall be calculated from prior year base funding per
14 unweighted weighted FTE student which shall include the
15 adjusted FTE dollars as provided in subsection (9), quality
16 guarantee funds, and actual nonvoted discretionary local
17 effort from taxes. From the base funding per unweighted
18 weighted FTE, the increase shall be calculated for the current
19 year. The current year funds from which the guarantee shall be
20 determined shall include the adjusted FTE dollars as provided
21 in subsection (9) and potential nonvoted discretionary local
22 effort from taxes. A comparison of current year funds per
23 unweighted weighted FTE to prior year funds per unweighted
24 weighted FTE shall be computed. For those school districts
25 which have less than the legislatively assigned percentage
26 increase, funds shall be provided to guarantee the assigned
27 percentage increase in funds per unweighted weighted FTE
28 student. Should appropriated funds be less than the sum of
29 this calculated amount for all districts, the commissioner
30 shall prorate each district's allocation. This provision shall
31 be implemented to the extent specifically funded.
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Florida House of Representatives - 2002 HB 29-E
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1 Section 3. The amendment of paragraph (k) of
2 subsection (1) and subsection (8) of section 236.081, Florida
3 Statutes, by this act shall expire on July 1, 2003, and the
4 text of those provisions shall revert to that in existence on
5 June 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 4. In order to implement Specific
11 Appropriations 71-166T of the 2002-2003 General Appropriations
12 Act, subsection (2) of section 229.085, Florida Statutes, as
13 amended by section 31 of chapter 2001-170, Laws of Florida, is
14 amended to read:
15 229.085 Custody of educational funds.--
16 (2)(a) There is created in the Department of Education
17 the Projects, Contracts, and Grants Trust Fund. The personnel
18 employed to plan and administer grants or contracts for
19 specific projects shall be considered in time-limited
20 employment not to exceed the duration of the grant or until
21 completion of the project, whichever first occurs. Such
22 employees shall not acquire retention rights under the Career
23 Service System. Any employee holding permanent career service
24 status in a Department of Education position who is appointed
25 to a position under the Projects, Contracts, and Grants Trust
26 Fund shall retain such permanent status in the career service
27 position.
28 (b) If, in executing the terms of such grants or
29 contracts for specific projects, the employment of personnel
30 shall be required, such personnel shall not be subject to the
31
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Florida House of Representatives - 2002 HB 29-E
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1 requirements of s. 216.262(1)(a). This paragraph expires July
2 1, 2003.
3 Section 5. In order to implement Specific
4 Appropriations 7B-7G and 166U-181A and Section 9 of the
5 2002-2003 General Appropriations Act:
6 (1) Universities in the State University System shall
7 utilize the state accounting system (FLAIR) for fiscal year
8 2002-2003 but are not required to provide funds to the
9 Department of Banking and Finance for its utilization.
10 (2) Notwithstanding the provisions of ss. 216.181,
11 216.292, and 240.2094 and pursuant to s. 216.351, Florida
12 Statutes, funds appropriated or reappropriated to the state
13 universities in the 2002-2003 General Appropriations Act, or
14 any other act passed by the 2002 Legislature containing
15 appropriations, shall be distributed to each university
16 according to the 2002-2003 fiscal year operating budget
17 approved by the university board of trustees. Each university
18 board of trustees shall have authority to amend the operating
19 budget as circumstances warrant. The operating budget may
20 utilize traditional appropriation categories or it may
21 consolidate the appropriations into a special category
22 appropriation account. The Comptroller or Chief Financial
23 Officer, upon the request of the university board of trustees,
24 shall record by journal transfer the distribution of the
25 appropriated funds and releases according to the approved
26 operating budget to the appropriation accounts established for
27 disbursement purposes for each university within the state
28 accounting system (FLAIR).
29 (3) Notwithstanding the provisions of ss. 216.181,
30 216.292, 240.241, and 240.277 and pursuant to s. 216.351,
31 Florida Statutes, each university board of trustees shall
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1 include in an approved operating budget the revenue in trust
2 funds supported by student and other fees as well as the trust
3 funds within the Contract, Grants, and Donations, Auxiliary
4 Enterprises, and Sponsored Research budget entities. The
5 university board of trustees shall have the authority to amend
6 the operating budget as circumstances warrant. The operating
7 budget may utilize traditional appropriation categories or it
8 may consolidate the trust fund spending authority into a
9 special category appropriation account. The Comptroller or
10 Chief Financial Officer, upon the request of the university
11 board of trustees, shall record the distribution of the trust
12 fund spending authority and releases according to the approved
13 operating budget to the appropriation accounts established for
14 disbursement purposes for each university within the state
15 accounting system (FLAIR).
16 (4) This section expires July 1, 2003.
17 Section 6. In order to implement Specific
18 Appropriation 105 of the 2002-2003 General Appropriations Act,
19 paragraph (a) of subsection (1) of section 236.081, Florida
20 Statutes, is amended to read:
21 236.081 Funds for operation of schools.--If the annual
22 allocation from the Florida Education Finance Program to each
23 district for operation of schools is not determined in the
24 annual appropriations act or the substantive bill implementing
25 the annual appropriations act, it shall be determined as
26 follows:
27 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
28 OPERATION.--The following procedure shall be followed in
29 determining the annual allocation to each district for
30 operation:
31
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Florida House of Representatives - 2002 HB 29-E
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1 (a) Determination of full-time equivalent
2 membership.--During each of several school weeks, including
3 scheduled intersessions of a year-round school program during
4 the fiscal year, a program membership survey of each school
5 shall be made by each district by aggregating the full-time
6 equivalent student membership of each program by school and by
7 district. The department shall establish the number and
8 interval of membership calculations, except that for basic and
9 special programs such calculations shall not exceed nine for
10 any fiscal year. The district's full-time equivalent
11 membership shall be computed and currently maintained in
12 accordance with regulations of the commissioner. Beginning
13 with the 1999-2000 school year, each school district shall
14 also document the daily attendance of each student in
15 membership by school and by district. An average daily
16 attendance factor shall be computed by dividing the total
17 daily attendance of all students by the total number of
18 students in membership and then by the number of days in the
19 regular school year. Beginning with the 2003-2004 2002-2003
20 school year, the district's full-time equivalent membership
21 shall be adjusted by multiplying by the average daily
22 attendance factor.
23 Section 7. In order to implement Specific
24 Appropriations 5, 105, 106A, 107, and 108 of the 2002-2003
25 General Appropriations Act, for the 2002-2003 state fiscal
26 year only, and notwithstanding the provisions of ss.
27 236.081(3), 236.08104, 236.083, and 237.34(3)(b), Florida
28 Statutes, each district school board may use and shall report
29 the use of funds allocated to the school district from such
30 appropriations as provided below:
31
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Florida House of Representatives - 2002 HB 29-E
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1 (1) If a district school board declares in a
2 resolution adopted at a regular meeting of the board that the
3 funds received for any of the following categorical
4 appropriations are urgently needed to maintain academic
5 classroom instruction specified by the board, the board may
6 approve an amendment to the district's operating budget
7 transferring the identified amount of the categorical funds to
8 the appropriate account for expenditure:
9 (a) Student transportation: Specific Appropriation
10 107.
11 (b) Teacher training: Specific Appropriations 5 and
12 108.
13 (c) Safe schools: Specific Appropriation 105.
14 (d) Public school technology: Specific Appropriation
15 106A.
16 (e) Supplemental academic instruction: Specific
17 Appropriation 105.
18 (2) Each district school board shall include in its
19 annual financial report to the Department of Education
20 required pursuant to s. 237.34, Florida Statutes, the amount
21 of funds the board transferred from each of the categorical
22 appropriations specified in subsection (1) and the specific
23 academic classroom instruction for which the transferred funds
24 were expended. The Department of Education shall provide
25 instructions and specify the format to be used in submitting
26 this required information as a part of such annual financial
27 report.
28 Section 8. In order to implement Specific
29 Appropriations 71-166T of the 2002-2003 General Appropriations
30 Act, section 236.7011, Florida Statutes, is amended to read:
31
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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 9. In order to implement Specific
10 Appropriations 71-166T 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 10. In order to implement Specific
31 Appropriations 166L of the 2002-2003 General Appropriations
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1 Act, 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
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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 11. In order to implement Specific
9 Appropriations 270-451R and 491-650 of the 2002-2003 General
10 Appropriations Act, paragraph (c) of subsection (16) of
11 section 216.181, Florida Statutes, is amended to read:
12 216.181 Approved budgets for operations and fixed
13 capital outlay.--
14 (16)
15 (c) For the 2002-2003 2001-2002 fiscal year only,
16 funds appropriated to the Department of Children and Family
17 Services in Specific Appropriations 270-451R 302-466 and the
18 Department of Health in Specific Appropriations 491-650
19 503-637 of the 2002-2003 2001-2002 General Appropriations Act
20 may be advanced, unless specifically prohibited in such
21 General Appropriations Act, for those contracted services that
22 were approved for advancement by the Comptroller in fiscal
23 year 1993-1994, including those services contracted on a
24 fixed-price or unit-cost basis. This paragraph expires July 1,
25 2003 2002.
26 Section 12. In order to implement Specific
27 Appropriations 458-474 of the 2002-2003 General Appropriations
28 Act, paragraph (b) of subsection (1) of section 430.204,
29 Florida Statutes, is amended to read:
30 430.204 Community-care-for-the-elderly core services;
31 departmental powers and duties.--
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1 (1)
2 (b) For fiscal year 2002-2003 2001-2002 only, in each
3 county having a population over 2 million, the department
4 shall fund, through each area agency on aging in each county
5 as defined in s. 125.011(1), more than one community care
6 service system the primary purpose of which is the prevention
7 of unnecessary institutionalization of functionally impaired
8 elderly persons through the provision of community-based core
9 services. This paragraph expires July 1, 2003 2002.
10 Section 13. In order to implement Specific
11 Appropriations 458-474 of the 2002-2003 General Appropriations
12 Act, paragraph (b) of subsection (1) of section 430.205,
13 Florida Statutes, is amended to read:
14 430.205 Community care service system.--
15 (1)
16 (b) For fiscal year 2002-2003 2001-2002 only, in each
17 county having a population over 2 million, the department
18 shall fund, through the area agency on aging in each county as
19 defined in s. 125.011(1), shall fund in each planning and
20 service area more than one community care service system that
21 provides case management and other in-home and community
22 services as needed to help elderly persons maintain
23 independence and prevent or delay more costly institutional
24 care. This paragraph expires July 1, 2003 2002.
25 Section 14. In order to implement Specific
26 Appropriations 303-338 of the 2002-2003 General Appropriations
27 Act, subsection (12) of section 216.292, Florida Statutes, is
28 amended to read:
29 216.292 Appropriations nontransferable; exceptions.--
30 (12) For the 2002-2003 2001-2002 fiscal year only and
31 notwithstanding the other provisions of this section, the
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1 Department of Children and Family Services may transfer funds
2 within the family safety program identified in the General
3 Appropriations Act from identical funding sources between the
4 following appropriation categories without limitation as long
5 as such a transfer does not result in an increase to the total
6 recurring general revenue or trust fund cost of the agency in
7 the subsequent fiscal year: adoption services and subsidy;
8 family foster care; and emergency shelter care. Such transfers
9 must be consistent with legislative policy and intent and must
10 not adversely affect achievement of approved performance
11 outcomes or outputs in the family safety program. Notice of
12 proposed transfers under this authority must be provided to
13 the Executive Office of the Governor and the chairs of the
14 legislative appropriations committees at least 5 working days
15 before their implementation. This subsection expires July 1,
16 2003 2002.
17 Section 15. In order to implement Specific
18 Appropriation 644A of the 2002-2003 General Appropriations
19 Act, subsection (4) of section 401.113, Florida Statutes, as
20 created by section 6 of chapter 2001-380, Laws of Florida, is
21 amended to read:
22 401.113 Department; powers and duties.--
23 (4) For the 2002-2003 2001-2002 state fiscal year
24 only, and notwithstanding the provisions of subsections (1)
25 and (2), moneys in the Emergency Medical Services Trust Fund
26 may also be used for the purpose of funding the rural hospital
27 capital improvement grant program in accordance with the
28 provisions of s. 395.6061. This subsection expires July 1,
29 2003 2002.
30
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1 Section 16. In order to implement Specific
2 Appropriation 672 of the 2002-2003 General Appropriations Act,
3 section 295.182, Florida Statutes, is amended to read:
4 295.182 Florida World War II Veterans Memorial
5 Matching Trust Fund; contributions; use.--
6 (1) The Florida World War II Veterans Memorial
7 Matching Trust Fund, if created by law, within the Department
8 of Veterans' Affairs shall receive private contributions and
9 matching state funds specifically appropriated by the
10 Legislature for the purpose of matching private donations
11 deposited into the trust fund to build a Florida World War II
12 Veterans Memorial as provided by this act. The department is
13 authorized to use moneys in the trust fund, if created by law,
14 in a manner which will generate increased funding for the
15 Florida World War II Veterans Memorial. Contributions to the
16 Florida World War II Veterans Memorial Matching Trust Fund
17 must be returned to those entities or individuals contributing
18 to the trust fund if the Florida World War II Veterans
19 Memorial is not constructed as provided for in s. 295.183.
20 (2) For the 2002-2003 fiscal year only, the department
21 may receive contributions from public bodies as defined in s.
22 1.01(8). Public bodies are authorized to appropriate funds, in
23 lump sum or otherwise, for the purpose of making contributions
24 to the trust fund. This subsection expires July 1, 2003.
25 Section 17. In order to implement Section 20 of the
26 2002-2003 General Appropriations Act, subsection (4) of
27 section 561.121, Florida Statutes, as amended by section 4 of
28 chapter 2001-380, Laws of Florida, is amended to read:
29 561.121 Deposit of revenue.--
30
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1 (4)(a) State funds collected pursuant to s. 561.501
2 shall be paid into the State Treasury and credited to the
3 following accounts:
4 1.(a) Twenty-seven and two-tenths percent of the
5 surcharge on the sale of alcoholic beverages for consumption
6 on premises shall be transferred to the Children and
7 Adolescents Substance Abuse Trust Fund, which shall remain
8 with the Department of Children and Family Services for the
9 purpose of funding programs directed at reducing and
10 eliminating substance abuse problems among children and
11 adolescents.
12 2.(b) The remainder of collections shall be credited
13 to the General Revenue Fund.
14 (b) For the 2002-2003 state fiscal year only, and
15 notwithstanding the provisions of subparagraph (a)1., moneys
16 in the Children and Adolescents Substance Abuse Trust Fund may
17 also be used for the purpose of funding programs directed at
18 reducing and eliminating substance abuse problems among
19 adults. This paragraph expires July 1, 2003.
20 (c) Notwithstanding paragraph (a), the Legislature may
21 authorize the Department of Children and Family Services to
22 transfer moneys in the Children and Adolescents Substance
23 Abuse Trust Fund to the Administrative Trust Fund, as provided
24 in Senate Bill 2-C. This paragraph expires July 1, 2002.
25 Section 18. In order to implement Specific
26 Appropriation 558 of the 2002-2003 General Appropriations Act,
27 paragraph (k) of subsection (2) of section 381.0066, Florida
28 Statutes, is amended to read:
29 381.0066 Onsite sewage treatment and disposal systems;
30 fees.--
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1 (2) The minimum fees in the following fee schedule
2 apply until changed by rule by the department within the
3 following limits:
4 (k) Research: An additional $5 fee shall be added to
5 each new system construction permit issued during fiscal years
6 1996-2003 1996-2002 to be used for onsite sewage treatment and
7 disposal system research, demonstration, and training
8 projects. Five dollars from any repair permit fee collected
9 under this section shall be used for funding the hands-on
10 training centers described in s. 381.0065(3)(j).
11
12 The funds collected pursuant to this subsection must be
13 deposited in a trust fund administered by the department, to
14 be used for the purposes stated in this section and ss.
15 381.0065 and 381.00655.
16 Section 19. Consistent with the provisions of s.
17 216.163, Florida Statutes, in accordance with
18 performance-based program budgeting requirements, and
19 notwithstanding the provisions of s. 216.181, Florida
20 Statutes, the Department of Law Enforcement may transfer up to
21 one-half of 1 percent of the funds in Specific Appropriations
22 1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of
23 the 2002-2003 General Appropriations Act for salary bonuses
24 for departmental employees at the discretion of the executive
25 director, provided that such bonuses are given only to
26 selected employees for meritorious performance, instead of
27 being given as across-the-board bonuses for all employees.
28 The department, after consultation with the Executive Office
29 of the Governor, shall provide a plan to the chairs of the
30 legislative appropriations committees responsible for
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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.
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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
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1 Section 24. In order to implement Specific
2 Appropriations 1112-1194A of the 2002-2003 General
3 Appropriations Act, section 985.4075, Florida Statutes, is
4 amended to read:
5 985.4075 One-time startup funding for juvenile justice
6 purposes.--
7 (1) Funds from juvenile justice appropriations may be
8 utilized as one-time startup funding for juvenile justice
9 purposes that include, but are not limited to, remodeling or
10 renovation of existing facilities, construction costs, leasing
11 costs, purchase of equipment and furniture, site development,
12 and other necessary and reasonable costs associated with the
13 startup of facilities or programs.
14 (2) The department may not use appropriations made for
15 operations, pursuant to the provisions of this section, as
16 one-time startup funding for fixed capital outlay as defined
17 in s. 216.011. This subsection expires July 1, 2003.
18 Section 25. In order to implement Specific
19 Appropriation 1233 of the 2002-2003 General Appropriations
20 Act, paragraph (d) is added to subsection (4) of section
21 932.7055, Florida Statutes, to read:
22 932.7055 Disposition of liens and forfeited
23 property.--
24 (4)
25 (d) Notwithstanding any other provision of this
26 subsection, and for the 2002-2003 fiscal year only, the funds
27 in a special law enforcement trust fund established by the
28 governing body of a municipality may be expended to reimburse
29 the general fund of the municipality for moneys advanced from
30 the general fund to the special law enforcement trust fund
31
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1 prior to October 1, 2001. This paragraph expires July 1,
2 2003.
3 Section 26. In order to implement Specific
4 Appropriations 1760A, 1769, and 1798A of the 2002-2003 General
5 Appropriations Act, subsection (6) is added to section
6 375.041, Florida Statutes, to read:
7 375.041 Land Acquisition Trust Fund.--
8 (6) For the 2002-2003 fiscal year only, the use of
9 funds allocated to the Land Acquisition Trust Fund shall be as
10 provided in the General Appropriations Act. This subsection
11 expires July 1, 2003.
12 Section 27. If Council Substitute for House Bill 851,
13 Enrolled, 2002 Regular Session, does not become law, in order
14 to implement Specific Appropriations 1760A and 1769 of the
15 2002-2003 General Appropriations Act, paragraph (d) is added
16 to subsection (1) and paragraph (f) is added to subsection (3)
17 of section 403.709, Florida Statutes, to read:
18 403.709 Solid Waste Management Trust Fund; use of
19 waste tire fee moneys; waste tire site management.--
20 (1) There is created the Solid Waste Management Trust
21 Fund, to be administered by the department for the purposes
22 of:
23 (d) For the 2002-2003 fiscal year only, funding issues
24 provided in the General Appropriations Act. This paragraph
25 expires July 1, 2003.
26 (3) Moneys allocated to the fund from waste tire fees
27 shall be used:
28 (f) For the 2002-2003 fiscal year only, as provided in
29 the General Appropriations Act. This paragraph expires July
30 1, 2003.
31
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1 Section 28. If Council Substitute for House Bill 851,
2 Enrolled, 2002 Regular Session, becomes law, in order to
3 implement Specific Appropriations 1760A and 1769 of the
4 2002-2003 General Appropriations Act, subsection (9) is added
5 to section 403.709, Florida Statutes, as amended by section 7
6 of said bill, to read:
7 403.709 Solid Waste Management Trust Fund; use of
8 waste tire fees.--There is created the Solid Waste Management
9 Trust Fund, to be administered by the department. From the
10 annual revenues deposited in the trust fund, unless otherwise
11 specified in the General Appropriations Act:
12 (9) Notwithstanding any other provision of law to the
13 contrary, and for the 2002-2003 fiscal year only, moneys in
14 the Solid Waste Management Trust Fund may be used only as
15 provided in the 2002-2003 General Appropriations Act. This
16 subsection expires July 1, 2003.
17 Section 29. In order to implement Specific
18 Appropriations 1645 and 1769 of the 2002-2003 General
19 Appropriations Act, subsection (11) of section 373.59, Florida
20 Statutes, as amended by section 23 of chapter 2001-256, Laws
21 of Florida, is amended to read:
22 373.59 Water Management Lands Trust Fund.--
23 (11) Notwithstanding any provision of this section to
24 the contrary, and for the 2002-2003 fiscal year only, the
25 governing board of a water management district may request,
26 and the Secretary of Environmental Protection shall release
27 upon such request, moneys allocated to the districts pursuant
28 to subsection (8) for purposes consistent with the provisions
29 of s. 373.0361, s. 373.0831, s. 373.139, or ss.
30 373.451-373.4595 and for legislatively authorized land
31 acquisition and water restoration initiatives. No funds may be
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1 used pursuant to this subsection until necessary debt service
2 obligations, requirements for payments in lieu of taxes, and
3 land management obligations that may be required by this
4 chapter are provided for. This subsection expires July 1,
5 2003.
6 Section 30. In order to implement Specific
7 Appropriation 1480A of the 2002-2003 General Appropriations
8 Act, subsection (2) of section 581.1845, Florida Statutes, and
9 subsection (6) of said section, as created by section 11 of
10 chapter 2001-380, Laws of Florida, are amended to read:
11 581.1845 Citrus canker eradication; compensation to
12 homeowners whose trees have been removed.--
13 (2)(a) To be eligible to receive compensation under
14 the program, a homeowner must:
15 1.(a) Be the homeowner of record on the effective date
16 of this act for residential property where one or more citrus
17 trees have been removed as part of a citrus canker eradication
18 program;
19 2.(b) Have had one or more citrus trees removed from
20 the property by a tree-cutting contractor as part of a citrus
21 canker eradication program on or after January 1, 1995; and
22 3.(c) Have received no commercial compensation and is
23 not eligible to receive commercial compensation from the
24 United States Department of Agriculture for citrus trees
25 removed as part of a citrus canker eradication program.
26 (b) Notwithstanding subparagraph (a)1., and for
27 compensation during the 2002-2003 fiscal year only, to be
28 eligible to receive compensation under the program for
29 residential property where one or more citrus trees have been
30 removed on or after July 1, 2001, as part of a citrus canker
31 eradication program, a homeowner must be the homeowner of
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1 record on the date the trees were removed. This paragraph
2 expires July 1, 2003.
3 (6)(a) For the 2001-2002 fiscal year only and
4 notwithstanding the $100-compensation amount specified in
5 subsection (3); in subsection (3) of section 45 of chapter
6 2001-254, Laws of Florida; and in proviso following Specific
7 Appropriation 1488A of chapter 2001-253, Laws of Florida, the
8 amount of compensation for each tree removed from residential
9 property by the citrus canker eradication program shall be
10 $55. This paragraph subsection expires July 1, 2002.
11 (b) For the 2002-2003 fiscal year only and
12 notwithstanding the $100-compensation amount specified in
13 subsection (3), the amount of compensation for each tree
14 removed from residential property by the citrus canker
15 eradication program shall be $55. This paragraph expires July
16 1, 2003.
17 Section 31. If House Bill 813, Enrolled, 2002 Regular
18 Session, does not become law, in order to implement Specific
19 Appropriations 1645 and 1770 of the 2002-2003 General
20 Appropriations Act, paragraph (b) of subsection (5) of section
21 373.470, Florida Statutes, is amended to read:
22 373.470 Everglades restoration.--
23 (5) SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
24 (b)1. For each year of the 10 consecutive years
25 beginning with fiscal year 2000-2001, the department shall
26 deposit $25 million of the funds allocated to the district by
27 the department under s. 259.105(11)(a) into the Save Our
28 Everglades Trust Fund created by s. 373.472.
29 2. For fiscal year 2002-2003 only, the provisions of
30 subparagraph 1. shall not apply. This subparagraph expires
31 July 1, 2003.
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1 Section 32. Subsection (18) is added to section
2 216.181, Florida Statutes, to read:
3 216.181 Approved budgets for operations and fixed
4 capital outlay.--
5 (18) In order to implement Specific Appropriations
6 2237-2314, 2594-2698, and 1195-1272 of the 2002-2003 General
7 Appropriations Act, from July 1, 2002, until January 7, 2003,
8 the Department of Banking and Finance, the Department of
9 Insurance, and the Department of Law Enforcement may transfer
10 positions and general revenue and trust funds as necessary to
11 comply with substantive legislation passed in 2002 that amends
12 the statutes to conform to the changes to s. 4, Art. IV of the
13 State Constitution creating the Chief Financial Officer and
14 that requires or specifically authorizes the transfer of
15 positions and funds among these agencies. Further, from
16 January 7, 2003, until July 1, 2003, the Office of Chief
17 Financial Officer, the Department of Law Enforcement, and the
18 Departments of Banking and Finance and Insurance, or their
19 successor agency or agencies, may transfer positions and
20 general revenue and trust funds as necessary to comply with
21 substantive legislation passed in 2002 that amends the
22 statutes to conform to the changes to s. 4, Art. IV of the
23 State Constitution creating the Chief Financial Officer and
24 that requires or specifically authorizes the transfer of
25 positions and funds among these agencies. Consistent with the
26 provisions of s. 216.292(11), proposed transfers pursuant to
27 this subsection shall be subject to approval by the
28 Legislative Budget Commission. This subsection expires July
29 1, 2003.
30 Section 33. If Council Substitute for House Bill 851,
31 Enrolled, 2002 Regular Session, does not become law, in order
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1 to implement Specific Appropriation 1819 of the 2002-2003
2 General Appropriations Act, subsection (8) of section
3 403.7095, Florida Statutes, is amended to read:
4 403.7095 Solid waste management grant program.--
5 (8) Notwithstanding the provisions of this section,
6 for fiscal year 2002-2003 2001-2002 only, the department shall
7 provide solid waste management and recycling grants only to
8 counties with populations under 100,000. Such grants must be
9 at least 80 percent of the level of funding they received in
10 fiscal year 2000-2001. This subsection expires July 1, 2003
11 2002.
12 Section 34. If Council Substitute for House Bill 851,
13 Enrolled, 2002 Regular Session, becomes law, in order to
14 implement Specific Appropriation 1819 of the 2002-2003 General
15 Appropriations Act, subsection (7) is added to section
16 403.7095, Florida Statutes, as amended by section 8 of said
17 bill, to read:
18 403.7095 Solid waste management grant program.--
19 (7) Notwithstanding the provisions of this section,
20 for fiscal year 2002-2003 only, the department shall provide
21 solid waste management and recycling grants only to counties
22 with populations under 100,000. Such grants must be at least
23 80 percent of the level of funding they received in fiscal
24 year 2000-2001. This subsection expires July 1, 2003.
25 Section 35. In order to implement Specific
26 Appropriation 1852 of the 2002-2003 General Appropriations
27 Act, section 215.981, Florida Statutes, is amended to read:
28 215.981 Audits of state agency direct-support
29 organizations and citizen support organizations.--
30 (1) Each direct-support organization and each citizen
31 support organization, created or authorized pursuant to law,
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1 and created, approved, or administered by a state agency,
2 other than a university, district board of trustees of a
3 community college, or district school board, shall provide for
4 an annual financial audit of its accounts and records to be
5 conducted by an independent certified public accountant in
6 accordance with rules adopted by the Auditor General pursuant
7 to s. 11.45(8) and the state agency that created, approved, or
8 administers the direct-support organization or citizen support
9 organization. The audit report shall be submitted within 9
10 months after the end of the fiscal year to the Auditor General
11 and to the state agency responsible for creation,
12 administration, or approval of the direct-support organization
13 or citizen support organization. Such state agency, the
14 Auditor General, and the Office of Program Policy Analysis and
15 Government Accountability shall have the authority to require
16 and receive from the organization or from the independent
17 auditor any records relative to the operation of the
18 organization.
19 (2) Notwithstanding the provisions of subsection (1),
20 and for the 2002-2003 fiscal year only, citizen support
21 organizations for the Department of Environmental Protection
22 that are not for profit and that have annual expenditures of
23 less than $100,000 are not required to have an independent
24 audit. This subsection expires July 1, 2003.
25 Section 36. In order to implement Specific
26 Appropriations 2776-2782 of the 2002-2003 General
27 Appropriations Act, subsection (4) of section 287.161, Florida
28 Statutes, is amended to read:
29 287.161 Executive aircraft pool; assignment of
30 aircraft; charge for transportation.--
31
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1 (4) Notwithstanding the requirements of subsections
2 (2) and (3) and for the 2002-2003 2001-2002 fiscal year only,
3 the Department of Management Services shall charge all persons
4 receiving transportation from the executive aircraft pool a
5 rate not less than the mileage allowance fixed by the
6 Legislature for the use of privately owned vehicles. Fees
7 collected for persons traveling by aircraft in the executive
8 aircraft pool shall be deposited into the Bureau of Aircraft
9 Trust Fund and shall be expended for costs incurred to operate
10 the aircraft management activities of the department. It is
11 the intent of the Legislature that the executive aircraft pool
12 be operated on a full cost recovery basis, less available
13 funds. This subsection expires July 1, 2003 2002.
14 Section 37. In order to implement Specific
15 Appropriations 1767-1768 of the 2002-2003 General
16 Appropriations Act, paragraph (a) of subsection (6) of section
17 403.1835, Florida Statutes, is amended to read:
18 403.1835 Water pollution control financial
19 assistance.--
20 (6) Prior to approval of financial assistance, the
21 applicant shall:
22 (a)1. Submit evidence of credit worthiness, loan
23 security, and a loan repayment schedule in support of a
24 request for a loan.
25 2. The department may allow a 5-year moratorium on the
26 loan reserve requirements established by any existing
27 stipulation of loan agreement for a grantee in a county as
28 defined in s. 125.011(1). This subparagraph expires July 1,
29 2003.
30
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1 Section 38. In order to implement Specific
2 Appropriations 2359-2382 of the 2002-2003 General
3 Appropriations Act, and for the 2002-2003 fiscal year only:
4 (1)(a) Notwithstanding the provisions of s.
5 550.01215(4), Florida Statutes, the license of a thoroughbred
6 permitholder who fails to operate all performances specified
7 on its license that are scheduled prior to July 1, 2003, shall
8 not be subject to fine or suspension by the division.
9 (b) Notwithstanding the provisions of s.
10 550.09515(3)(a), Florida Statutes, a thoroughbred permitholder
11 who does not pay tax on handle for live thoroughbred
12 performances through the period ending July 1, 2003, does not
13 abandon its interest in its permit.
14 (c) Notwithstanding the provision of s. 550.5251(2),
15 Florida Statutes, through the period ending July 1, 2003, the
16 ability to operate horseracing meets the full number of days
17 authorized on each of the dates set forth in its license shall
18 not be a condition precedent to the validity of a thoroughbred
19 permitholder's license or permit.
20 (2) This section expires July 1, 2003.
21 Section 39. In order to implement Specific
22 Appropriation 2815A of the 2002-2003 General Appropriations
23 Act, paragraph (a) of subsection (1) of section 110.152,
24 Florida Statutes, is amended to read:
25 110.152 Adoption benefits for state employees;
26 parental leave.--
27 (1)(a)1. Any full-time or part-time employee of the
28 state who is paid from regular salary appropriations and who
29 adopts a special-needs child, as defined in paragraph (b), is
30 eligible to receive a monetary benefit in the amount of
31 $10,000 per child, $5,000 of which is payable in equal monthly
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1 installments over a 2-year period. Any employee of the state
2 who adopts a child whose permanent custody has been awarded to
3 the Department of Children and Family Services or to a
4 Florida-licensed child-placing agency, other than a
5 special-needs child as defined in paragraph (b), shall be
6 eligible to receive a monetary benefit in the amount of $5,000
7 per child, $2,000 of which is payable in equal monthly
8 installments over a 2-year period. Benefits paid under this
9 subsection to a part-time employee must be prorated based on
10 the employee's full-time-equivalency status at the time of
11 applying for the benefits.
12 2. For the 2002-2003 fiscal year only, the Department
13 of Management Services is authorized to make lump-sum payments
14 for adoption benefits awarded during fiscal years 2000-2001
15 and 2001-2002. This subparagraph expires July 1, 2003.
16 Section 40. In order to implement Specific
17 Appropriation 2163 and Section 8 of the 2002-2003 General
18 Appropriations Act, and effective upon this act becoming a
19 law, section 110.2035, Florida Statutes, is amended to read:
20 110.2035 Classification and compensation program.--
21 (1) The Department of Management Services, in
22 consultation with the Executive Office of the Governor and the
23 Legislature, shall establish and maintain develop a
24 classification and compensation program addressing. This
25 program shall be developed for use by all state agencies and
26 shall address Career Service, Selected Exempt Service, and
27 Senior Management Service positions classes.
28 (2) The program shall consist of the following:
29 (a) A position classification system using no more
30 than 38 50 occupational groups and up to a 6-class series
31 structure for each occupation within an occupational group.
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1 Additional occupational groups may be established only by the
2 Executive Office of the Governor after consultation with the
3 Legislature.
4 (b) A pay plan that shall provide broad-based salary
5 ranges for each occupational group and shall consist of no
6 more than 25 pay bands.
7 (3) The following goals shall be considered in
8 designing and implementing and maintaining the program:
9 (a) The classification system must significantly
10 reduce the need to reclassify positions due to work assignment
11 and organizational changes by decreasing the number of
12 classification changes required.
13 (b) The classification system must establish
14 broad-based classes allowing flexibility in organizational
15 structure and must reduce the levels of supervisory classes.
16 (c) The classification system and pay plan must
17 emphasize pay administration and job-performance evaluation by
18 management rather than emphasize use of the classification
19 system to award salary increases.
20 (d) The pay administration system must contain
21 provisions to allow managers the flexibility to move employees
22 through the pay ranges and provide for salary increase
23 additives and lump-sum bonuses if authorized by the
24 Legislature.
25 (4) The classification system shall be structured such
26 that each confidential, managerial, and supervisory employee
27 shall be included in the Selected Exempt Service, in
28 accordance with part V of this chapter.
29 (5) The Department of Management Services shall submit
30 the proposed design of the classification and compensation
31 program to the Executive Office of the Governor, the presiding
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1 officers of the Legislature, and the appropriate legislative
2 fiscal and substantive standing committees on or before
3 December 1, 2001.
4 (5)(6) The department shall establish, by rule,
5 guidelines with respect to, and shall delegate to the
6 employing agencies, where appropriate, the authority to
7 administer the following:
8 (a) Shift differentials.
9 (b) On-call fees.
10 (c) Hazardous-duty pay.
11 (d) Advanced appointment rates.
12 (e) Salary increase and decrease corrections.
13 (f) Lead-worker pay.
14 (g) Temporary special duties pay.
15 (h) Trainer-additive pay.
16 (i) Competitive area differentials.
17 (j) Coordinator pay.
18 (k) Critical market pay.
19
20 The employing agency must use such pay additives as are
21 appropriate within the guidelines established by the
22 department and shall advise the department in writing of the
23 plan for implementing such pay additives prior to the
24 implementation date. Any action by an employing agency to
25 implement temporary special duties pay, competitive area
26 differentials, or critical market pay may be implemented only
27 after the department has reviewed and recommended such action;
28 however, an employing agency may use temporary special duties
29 pay for up to 3 months without prior review by the department.
30 The department shall annually provide a summary report of the
31 pay additives implemented pursuant to this section.
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1 (6) The department shall adopt any rules necessary to
2 implement the classification and compensation program to
3 include Career Service, Selected Exempt Service, and Senior
4 Management Service positions consistent with the plan
5 submitted to the Legislature on December 1, 2001; however, the
6 adopted plan shall include pay bandwidths of 150 percent for
7 each occupational group except the manager and executive
8 occupational groups. The department may adopt emergency rules
9 if necessary to implement this program by July 1, 2002.
10 Section 41. The amendment of section 110.2035, Florida
11 Statutes, by this act shall expire on July 1, 2003, and the
12 text of that section shall revert to that in existence on June
13 30, 2002, except that any amendments to such text enacted
14 other than by this act shall be preserved and continue to
15 operate to the extent that such amendments are not dependent
16 upon the portions of such text which expire pursuant to the
17 provisions of this act.
18 Section 42. In order to implement Section 8 of the
19 2002-2003 General Appropriations Act, subsection (7) of
20 section 110.12315, Florida Statutes, is amended to read:
21 110.12315 Prescription drug program.--The state
22 employees' prescription drug program is established. This
23 program shall be administered by the Department of Management
24 Services, according to the terms and conditions of the plan as
25 established by the relevant provisions of the annual General
26 Appropriations Act and implementing legislation, subject to
27 the following conditions:
28 (7) Notwithstanding the provisions of subsections (1)
29 and (2), Under the state employees' prescription drug program
30 copayments must be made as follows:
31 (a) Effective January 1, 2001:
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1 1. For generic drug with card......................$7.
2 2. For preferred brand name drug with card........$20.
3 3. For nonpreferred brand name drug with card.....$35.
4 4. For generic mail order drug.................$10.50.
5 5. For preferred brand name mail order drug.......$30.
6 6. For nonpreferred brand name drug............$52.50.
7 (b) The Department of Management Services shall create
8 a preferred brand name drug list to be used in the
9 administration of the state employees' prescription drug
10 program.
11
12 This subsection expires July 1, 2003 2002.
13 Section 43. In order to implement Section 8 of the
14 2002-2003 General Appropriations Act, section 110.1239,
15 Florida Statutes, is amended to read:
16 110.1239 State group health insurance program
17 funding.--For the 2002-2003 2001-2002 fiscal year only, it is
18 the intent of the Legislature that the state group health
19 insurance program be managed, administered, operated, and
20 funded in such a manner as to maximize the protection of state
21 employee health insurance benefits. Inherent in this intent is
22 the recognition that the health insurance liabilities
23 attributable to the benefits offered state employees should be
24 fairly, orderly, and equitably funded. Accordingly:
25 (1) The division shall determine the level of premiums
26 necessary to fully fund the state group health insurance
27 program for the next fiscal year. Such determination shall be
28 made after each revenue estimating conference on health
29 insurance as provided in s. 216.136(1), but not later than
30 December 1 and April 1 of each fiscal year.
31
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1 (2) The Governor, in the Governor's recommended
2 budget, shall provide premium rates necessary for full funding
3 of the state group health insurance program, and the
4 Legislature shall provide in the General Appropriations Act
5 for a premium level necessary for full funding of the state
6 group health insurance program.
7 (3) For purposes of funding, any additional
8 appropriation amounts allocated to the state group health
9 insurance program by the Legislature shall be considered as a
10 state contribution and thus an increase in the state premiums.
11 (4) This section expires July 1, 2003 2002.
12 Section 44. In order to implement Sections 2-7 of the
13 2002-2003 General Appropriations Act, paragraph (c) of
14 subsection (5) and paragraph (d) of subsection (6) of section
15 112.061, Florida Statutes, are amended to read:
16 112.061 Per diem and travel expenses of public
17 officers, employees, and authorized persons.--
18 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
19 purposes of reimbursement and methods of calculating
20 fractional days of travel, the following principles are
21 prescribed:
22 (c) For the 2002-2003 2001-2002 fiscal year only and
23 notwithstanding the other provisions of this subsection, for
24 Class C travel, a state traveler shall not be reimbursed on a
25 per diem basis nor shall a traveler receive subsistence
26 allowance. This paragraph expires July 1, 2003 2002.
27 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
28 purposes of reimbursement rates and methods of calculation,
29 per diem and subsistence allowances are divided into the
30 following groups and rates:
31
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1 (d) For the 2002-2003 2001-2002 fiscal year only and
2 notwithstanding the other provisions of this subsection, for
3 Class C travel, a state traveler shall not be reimbursed on a
4 per diem basis nor shall a traveler receive subsistence
5 allowance. This paragraph expires July 1, 2003 2002.
6 Section 45. If Committee Substitute for Senate Bills
7 1906 and 550, Enrolled, 2002 Regular Session, does not become
8 law, in order to implement Specific Appropriation 1498 of the
9 2002-2003 General Appropriations Act, paragraph (b) of
10 subsection (8) of section 163.3184, Florida Statutes, is
11 amended to read:
12 163.3184 Process for adoption of comprehensive plan or
13 plan amendment.--
14 (8) NOTICE OF INTENT.--
15 (b)1. During the time period provided for in this
16 subsection, the state land planning agency shall issue,
17 through a senior administrator or the secretary, as specified
18 in the agency's procedural rules, a notice of intent to find
19 that the plan or plan amendment is in compliance or not in
20 compliance. A notice of intent shall be issued by publication
21 in the manner provided by this paragraph and by mailing a copy
22 to the local government and to persons who request notice.
23 The required advertisement shall be no less than 2 columns
24 wide by 10 inches long, and the headline in the advertisement
25 shall be in a type no smaller than 12 point. The advertisement
26 shall not be placed in that portion of the newspaper where
27 legal notices and classified advertisements appear. The
28 advertisement shall be published in a newspaper which meets
29 the size and circulation requirements set forth in paragraph
30 (15)(c) and which has been designated in writing by the
31 affected local government at the time of transmittal of the
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1 amendment. Publication by the state land planning agency of a
2 notice of intent in the newspaper designated by the local
3 government shall be prima facie evidence of compliance with
4 the publication requirements of this section.
5 2. For fiscal year 2002-2003 2001-2002 only, the
6 provisions of this subparagraph shall supersede the provisions
7 of subparagraph 1. During the time period provided for in this
8 subsection, the state land planning agency shall issue,
9 through a senior administrator or the secretary, as specified
10 in the agency's procedural rules, a notice of intent to find
11 that the plan or plan amendment is in compliance or not in
12 compliance. A notice of intent shall be issued by publication
13 in the manner provided by this paragraph and by mailing a copy
14 to the local government. The advertisement shall be placed in
15 that portion of the newspaper where legal notices appear. The
16 advertisement shall be published in a newspaper that meets the
17 size and circulation requirements set forth in paragraph
18 (15)(c) and that has been designated in writing by the
19 affected local government at the time of transmittal of the
20 amendment. Publication by the state land planning agency of a
21 notice of intent in the newspaper designated by the local
22 government shall be prima facie evidence of compliance with
23 the publication requirements of this section. The state land
24 planning agency shall post a copy of the notice of intent on
25 the agency's Internet site. The agency shall, no later than
26 the date the notice of intent is transmitted to the newspaper,
27 send by regular mail a courtesy informational statement to
28 persons who provide their names and addresses to the local
29 government at the transmittal hearing or at the adoption
30 hearing where the local government has provided the names and
31 addresses of such persons to the department at the time of
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1 transmittal of the adopted amendment. The informational
2 statements shall include the name of the newspaper in which
3 the notice of intent will appear, the approximate date of
4 publication, the ordinance number of the plan or plan
5 amendment, and a statement that affected persons have 21 days
6 after the actual date of publication of the notice to file a
7 petition. This subparagraph expires July 1, 2003 2002.
8 Section 46. In order to implement Specific
9 Appropriations 1511 and 1523A of the 2002-2003 General
10 Appropriations Act, paragraph (b) of subsection (1) of section
11 252.373, Florida Statutes, is amended, and paragraph (c) is
12 added to said subsection, to read:
13 252.373 Allocation of funds; rules.--
14 (1)
15 (b) Notwithstanding the provisions of paragraph (a),
16 and for the 2002-2003 2001-2002 fiscal year only, up to $2.2
17 million of the unencumbered balance of the Emergency
18 Management, Preparedness, and Assistance Trust Fund shall be
19 utilized to improve, and increase the number of, disaster
20 shelters within the state and improve local disaster
21 preparedness. This paragraph expires on July 1, 2003 2002.
22 (c) Notwithstanding the provisions of paragraph (a),
23 and for the 2002-2003 fiscal year only, the Department of
24 Community Affairs shall conduct a review of funds available in
25 the Emergency Management, Preparedness, and Assistance Trust
26 Fund. By December 1, 2002, when actual receipts for the
27 2001-2002 fiscal year are determined, the Department of
28 Community Affairs may identify any funds that were unspent or
29 unencumbered in the 2001-2002 fiscal year that are not
30 required to implement appropriations for the 2002-2003 fiscal
31 year from the Emergency Management, Preparedness, and
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1 Assistance Trust Fund, and such funds may be transferred to
2 the Grants and Donations Trust Fund to be used for the state
3 portion of the match requirements for federally approved
4 Hazard Mitigation Grant Program projects. This paragraph
5 expires July 1, 2003.
6 Section 47. In order to implement Specific
7 Appropriation 2486 of the 2002-2003 General Appropriations
8 Act, subsection (11) is added to section 288.063, Florida
9 Statutes, to read:
10 288.063 Contracts for transportation projects.--
11 (11) In addition to the other provisions of this
12 section, projects that the Legislature deems necessary to
13 facilitate the economic development and growth of the state
14 may be designated and funded in the General Appropriations
15 Act. Such transportation projects create new employment
16 opportunities, expand transportation infrastructure, improve
17 mobility, or increase transportation innovation. The Office
18 of Tourism, Trade, and Economic Development shall enter into
19 contracts with, and make expenditures to, the appropriate
20 entities for the costs of transportation projects designated
21 in the General Appropriations Act. This subsection expires
22 July 1, 2003.
23 Section 48. In order to implement proviso language in
24 Specific Appropriation 2235 of the 2002-2003 General
25 Appropriations Act, section 402.3017, Florida Statutes, is
26 amended to read:
27 402.3017 Teacher Education and Compensation Helps
28 (TEACH) scholarship program.--
29 (1) The Legislature finds that the level of early
30 child care teacher education and training is a key predictor
31 for determining program quality. The Legislature also finds
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1 that low wages for child care workers prevent many from
2 obtaining increased training and education and contribute to
3 high turnover rates. The Legislature therefore intends to
4 help fund a program which links teacher training and education
5 to compensation and commitment to the field of early childhood
6 education.
7 (2) The Department of Children and Family Services is
8 authorized to contract for the administration of the Teacher
9 Education and Compensation Helps (TEACH) scholarship program,
10 which provides educational scholarships to caregivers and
11 administrators of early childhood programs, family day care
12 homes, and large family child care homes.
13 (3) The department shall adopt rules as necessary to
14 implement this section.
15 (4) For the 2002-2003 fiscal year only, the Agency for
16 Workforce Innovation shall administer this section. This
17 subsection expires July 1, 2003.
18 Section 49. In order to implement Specific
19 Appropriation 1574B of the 2002-2003 General Appropriations
20 Act, subsection (4) is added to section 125.35, Florida
21 Statutes, to read:
22 125.35 County authorized to sell real and personal
23 property and to lease real property.--
24 (4) For fiscal year 2002-2003 only, the board of
25 county commissioners is authorized to lease, under terms and
26 conditions negotiated by the board, a parcel of real property
27 of 5 acres or less that is located in an area designated as an
28 empowerment zone under the Taxpayer Relief Act of 1997 for the
29 purpose of:
30 (a) Enhancement, promotion, or improvement of economic
31 activity or revitalization;
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1 (b) Urban development or redevelopment;
2 (c) Tourism;
3 (d) Transportation; or
4 (e) Opportunities for gainful employment.
5
6 Such purposes are hereby found and declared to be public
7 purposes. This subsection expires July 1, 2003.
8 Section 50. In order to implement Specific
9 Appropriations 2161A and 2161G of the 2002-2003 General
10 Appropriations Act, subsection (5) is added to section
11 338.2216, Florida Statutes, as created by section 18 of
12 chapter 2002-20, Laws of Florida, to read:
13 338.2216 Florida Turnpike Enterprise; powers and
14 authority.--
15 (5) For the 2002-2003 fiscal year only, any toll
16 collector or laborer retained in a position temporarily
17 continued under the authority provided by proviso following
18 Specific Appropriations 2161A and 2161G of the 2002-2003
19 General Appropriations Act shall remain in the career service.
20 Section 51. In order to implement Specific
21 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
22 General Appropriations Act, section 215.20, Florida Statutes,
23 as amended by section 2 of chapter 2002-46, Laws of Florida,
24 is amended to read:
25 (Substantial rewording of section. See
26 s. 215.20, F.S., for present text.)
27 215.20 Certain income and certain trust funds to
28 contribute to the General Revenue Fund.--
29 (1) A service charge of 7 percent, representing the
30 estimated pro rata share of the cost of general government
31 paid from the General Revenue Fund, is hereby appropriated
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1 from all income of a revenue nature deposited in all trust
2 funds except those enumerated in s. 215.22. Income of a
3 revenue nature shall include all earnings received or credited
4 by such trust funds, including the interest or benefit
5 received from the investment of the principal of such trust
6 funds as may be permitted by law. This provision shall be
7 construed in favor of the General Revenue Fund in each
8 instance. All such appropriations shall be deposited in the
9 General Revenue Fund.
10 (2) Notwithstanding the provisions of subsection (1):
11 (a) The trust funds of the Department of Citrus and
12 the Department of Agriculture and Consumer Services, including
13 funds collected in the General Inspection Trust Fund for
14 marketing orders and in the Florida Citrus Advertising Trust
15 Fund, shall be subject to a 3-percent service charge, which is
16 hereby appropriated to the General Revenue Fund. This
17 paragraph does not apply to the Conservation and Recreation
18 Lands Program Trust Fund, the Florida Quarter Horse Racing
19 Promotion Trust Fund, the Citrus Inspection Trust Fund, the
20 Florida Forever Program Trust Fund, the Florida Preservation
21 2000 Trust Fund, the Market Improvements Working Capital Trust
22 Fund, the Pest Control Trust Fund, the Plant Industry Trust
23 Fund, or other funds collected in the General Inspection Trust
24 Fund in the Department of Agriculture and Consumer Services.
25 (b) The Save the Manatee Trust Fund in the Fish and
26 Wildlife Conservation Commission shall be subject to a
27 3-percent service charge, which is hereby appropriated to the
28 General Revenue Fund.
29 (3) A service charge of 0.3 percent is hereby
30 appropriated from income of a revenue nature deposited in the
31 trust funds enumerated in subsection (4). Income of a revenue
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1 nature shall include all earnings received or credited by such
2 trust funds, including the interest or benefit received from
3 the investment of the principal of such trust funds as may be
4 permitted by law. This provision shall be construed in favor
5 of the General Revenue Fund in each instance. All such
6 appropriations shall be deposited in the General Revenue Fund.
7 (4) The income of a revenue nature deposited in the
8 following described trust funds, by whatever name designated,
9 is that from which the appropriations authorized by subsection
10 (3) shall be made:
11 (a) Within the Agency for Health Care Administration:
12 1. The Florida Organ and Tissue Donor Education and
13 Procurement Trust Fund.
14 2. The Health Care Trust Fund.
15 3. The Resident Protection Trust Fund.
16 (b) Within the Agency for Workforce Innovation, the
17 Employment Security Administration Trust Fund.
18 (c) Within the Department of Agriculture and Consumer
19 Services:
20 1. The Conservation and Recreation Lands Program Trust
21 Fund.
22 2. The Florida Quarter Horse Racing Promotion Trust
23 Fund.
24 3. The General Inspection Trust Fund and subsidiary
25 accounts thereof, unless a different percentage is authorized
26 by s. 570.20.
27 (d) Within the Department of Banking and Finance:
28 1. The Administrative Trust Fund.
29 2. The Anti-Fraud Trust Fund.
30 3. The Financial Institutions' Regulatory Trust Fund.
31 4. The Mortgage Brokerage Guaranty Fund.
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1 5. The Regulatory Trust Fund.
2 (e) Within the Department of Business and Professional
3 Regulation:
4 1. The Administrative Trust Fund.
5 2. The Alcoholic Beverage and Tobacco Trust Fund.
6 3. The Cigarette Tax Collection Trust Fund.
7 4. The Division of Florida Land Sales, Condominiums,
8 and Mobile Homes Trust Fund.
9 5. The Hotel and Restaurant Trust Fund, with the
10 exception of those fees collected for the purpose of funding
11 of the hospitality education program as stated in s. 509.302.
12 6. The Professional Regulation Trust Fund.
13 7. The trust funds administered by the Division of
14 Pari-mutuel Wagering.
15 (f) Within the Department of Children and Family
16 Services:
17 1. The Administrative Trust Fund.
18 2. The Child Welfare Training Trust Fund.
19 3. The Children and Adolescents Substance Abuse Trust
20 Fund.
21 4. The Domestic Violence Trust Fund.
22 5. The Grants and Donations Trust Fund.
23 6. The Operations and Maintenance Trust Fund.
24 (g) Within the Department of Citrus, the Florida
25 Citrus Advertising Trust Fund, including transfers from any
26 subsidiary accounts thereof, unless a different percentage is
27 authorized in s. 601.15(7).
28 (h) Within the Department of Community Affairs, the
29 Operating Trust Fund.
30 (i) Within the Department of Education:
31
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1 1. The Educational Certification and Service Trust
2 Fund.
3 2. The Phosphate Research Trust Fund.
4 (j) Within the Department of Elderly Affairs:
5 1. The Administrative Trust Fund.
6 2. The Federal Grants Trust Fund.
7 3. The Grants and Donations Trust Fund.
8 4. The Operations and Maintenance Trust Fund.
9 (k) Within the Department of Environmental Protection:
10 1. The Administrative Trust Fund.
11 2. The Air Pollution Control Trust Fund.
12 3. The Conservation and Recreation Lands Trust Fund.
13 4. The Ecosystem Management and Restoration Trust
14 Fund.
15 5. The Environmental Laboratory Trust Fund.
16 6. The Florida Coastal Protection Trust Fund.
17 7. The Florida Permit Fee Trust Fund.
18 8. The Forfeited Property Trust Fund.
19 9. The Grants and Donations Trust Fund.
20 10. The Inland Protection Trust Fund.
21 11. The Internal Improvement Trust Fund.
22 12. The Land Acquisition Trust Fund.
23 13. The Minerals Trust Fund.
24 14. The Nonmandatory Land Reclamation Trust Fund.
25 15. The State Park Trust Fund.
26 16. The Water Quality Assurance Trust Fund.
27 17. The Working Capital Trust Fund.
28 (l) Within the Department of Health:
29 1. The Administrative Trust Fund.
30 2. The Brain and Spinal Cord Injury Program Trust
31 Fund.
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1 3. The Donations Trust Fund.
2 4. The Emergency Medical Services Trust Fund.
3 5. The Epilepsy Services Trust Fund.
4 6. The Florida Drug, Device, and Cosmetic Trust Fund.
5 7. The Grants and Donations Trust Fund.
6 8. The Medical Quality Assurance Trust Fund.
7 9. The Nursing Student Loan Forgiveness Trust Fund.
8 10. The Planning and Evaluation Trust Fund.
9 11. The Radiation Protection Trust Fund.
10 (m) Within the Department of Highway Safety and Motor
11 Vehicles, the DUI Programs Coordination Trust Fund.
12 (n) Within the Department of Insurance:
13 1. The Agents and Solicitors County Tax Trust Fund.
14 2. The Insurance Commissioner's Regulatory Trust Fund.
15 (o) Within the Department of Labor and Employment
16 Security or, if such department is terminated, within the
17 agency or department to which the named trust fund has been
18 transferred:
19 1. The Special Disability Trust Fund.
20 2. The Special Employment Security Administration
21 Trust Fund.
22 3. The Workers' Compensation Administration Trust
23 Fund.
24 (p) Within the Department of Legal Affairs, the Crimes
25 Compensation Trust Fund.
26 (q) Within the Department of Management Services:
27 1. The Administrative Trust Fund.
28 2. The Architects Incidental Trust Fund.
29 3. The Bureau of Aircraft Trust Fund.
30 4. The Florida Facilities Pool Working Capital Trust
31 Fund.
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1 5. The Grants and Donations Trust Fund.
2 6. The Motor Vehicle Operating Trust Fund.
3 7. The Police and Firefighters' Premium Tax Trust
4 Fund.
5 8. The Public Employees Relations Commission Trust
6 Fund.
7 9. The State Personnel System Trust Fund.
8 10. The Supervision Trust Fund.
9 11. The Working Capital Trust Fund.
10 (r) Within the Department of Revenue:
11 1. The Additional Court Cost Clearing Trust Fund.
12 2. The Administrative Trust Fund.
13 3. The Apalachicola Bay Oyster Surcharge Clearing
14 Trust Fund.
15 4. The Certification Program Trust Fund.
16 5. The Fuel Tax Collection Trust Fund.
17 6. The Land Reclamation Trust Fund.
18 7. The Local Alternative Fuel User Fee Clearing Trust
19 Fund.
20 8. The Local Option Fuel Tax Trust Fund.
21 9. The Motor Vehicle Rental Surcharge Clearing Trust
22 Fund.
23 10. The Motor Vehicle Warranty Trust Fund.
24 11. The Oil and Gas Tax Trust Fund.
25 12. The Secondhand Dealer and Secondary Metals
26 Recycler Clearing Trust Fund.
27 13. The Severance Tax Solid Mineral Trust Fund.
28 14. The State Alternative Fuel User Fee Clearing Trust
29 Fund.
30 15. All taxes levied on motor fuels other than
31 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
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1 (s) Within the Department of State:
2 1. The Division of Licensing Trust Fund.
3 2. The Records Management Trust Fund.
4 3. The trust funds administered by the Division of
5 Historical Resources.
6 (t) Within the Department of Transportation, all
7 income derived from outdoor advertising and overweight
8 violations which is deposited in the State Transportation
9 Trust Fund.
10 (u) Within the Department of Veterans' Affairs:
11 1. The Grants and Donations Trust Fund.
12 2. The Operations and Maintenance Trust Fund.
13 3. The State Homes for Veterans Trust Fund.
14 (v) Within the Division of Administrative Hearings,
15 the Administrative Trust Fund.
16 (w) Within the Fish and Wildlife Conservation
17 Commission:
18 1. The Conservation and Recreation Lands Program Trust
19 Fund.
20 2. The Florida Panther Research and Management Trust
21 Fund.
22 3. The Land Acquisition Trust Fund.
23 4. The Marine Resources Conservation Trust Fund, with
24 the exception of those fees collected for recreational
25 saltwater fishing licenses as provided in s. 372.57.
26 (x) Within the Florida Public Service Commission, the
27 Florida Public Service Regulatory Trust Fund.
28 (y) Within the Justice Administrative Commission, the
29 Indigent Criminal Defense Trust Fund.
30
31
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1 The enumeration of the foregoing moneys or trust funds shall
2 not prohibit the applicability thereto of s. 215.24 should the
3 Governor determine that for the reasons mentioned in s. 215.24
4 the money or trust funds should be exempt herefrom, as it is
5 the purpose of this law to exempt income from its force and
6 effect when, by the operation of this law, federal matching
7 funds or contributions or private grants to any trust fund
8 would be lost to the state.
9 (5) There is appropriated from the proper respective
10 trust funds from time to time such sums as may be necessary to
11 pay to the General Revenue Fund the service charges imposed by
12 this section.
13 Section 52. The amendment of section 215.20, Florida
14 Statutes, by this act shall expire on July 1, 2003, and the
15 text of that section shall revert to that in existence on June
16 30, 2002, except that any amendments to such text enacted
17 other than by this act shall be preserved and continue to
18 operate to the extent that such amendments are not dependent
19 upon the portions of such text which expire pursuant to the
20 provisions of this act.
21 Section 53. In order to implement Specific
22 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
23 General Appropriations Act, subsection (1) of section 215.22,
24 Florida Statutes, is amended to read:
25 215.22 Certain income and certain trust funds
26 exempt.--
27 (1) The following income of a revenue nature or the
28 following trust funds shall be exempt from the appropriation
29 deduction required by s. 215.20(1):
30 (a) Student financial aid or prepaid tuition receipts.
31
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1 (b) Trust funds administered by the Department of the
2 Lottery.
3 (c) Departmental administrative assessments for
4 administrative divisions.
5 (d) Funds charged by a state agency for services
6 provided to another state agency, by a state agency for
7 services provided to the judicial branch, or by the judicial
8 branch for services provided to a state agency.
9 (e) State, agency, or political subdivision
10 investments by the Treasurer.
11 (f) Retirement or employee benefit funds.
12 (g) Self-insurance programs administered by the
13 Treasurer.
14 (h) Funds held for the payment of citrus canker
15 eradication and compensation.
16 (i) Medicaid, Medicare, or third-party receipts for
17 client custodial care.
18 (j) Bond proceeds or revenues dedicated for bond
19 repayment, except for the Documentary Stamp Clearing Trust
20 Fund administered by the Department of Revenue.
21 (k) Trust funds administered by the Department of
22 Education.
23 (l) Trust funds administered by the Department of
24 Transportation.
25 (m) The following trust funds administered by the
26 Department of Agriculture and Consumer Services:
27 1. The Citrus Inspection Trust Fund.
28 2. The Florida Forever Program Trust Fund.
29 3. The Florida Preservation 2000 Trust Fund.
30 4. The Market Improvements Working Capital Trust Fund.
31 5. The Pest Control Trust Fund.
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1 6. The Plant Industry Trust Fund.
2 (n) The Motor Vehicle License Clearing Trust Fund.
3 (o) The Solid Waste Management Trust Fund.
4 (p) The Coconut Grove Playhouse Trust Fund.
5 (q) The Communications Working Capital Trust Fund of
6 the Department of Management Services.
7 (r) The Camp Blanding Management Trust Fund.
8 (s) The Indigent Criminal Defense Trust Fund.
9 (s)(t) That portion of the Highway Safety Operating
10 Trust Fund funded by the motorcycle safety education fee
11 collected pursuant to s. 320.08(1)(c).
12 (u) The Save the Manatee Trust Fund.
13 (t)(v) Tobacco Settlement Trust Funds administered by
14 any agency.
15 (u)(w) The Save Our Everglades Trust Fund.
16 Section 54. The amendment of subsection (1) of section
17 215.22, Florida Statutes, by this act shall expire on July 1,
18 2003, and the text of that subsection shall revert to that in
19 existence on June 30, 2002, except that any amendments to such
20 text enacted other than by this act shall be preserved and
21 continue to operate to the extent that such amendments are not
22 dependent upon the portions of such text which expire pursuant
23 to the provisions of this act.
24 Section 55. In order to implement Specific
25 Appropriations 349, 1170, and 3119 of the 2002-2003 General
26 Appropriations Act, subsection (4) of section 18.10, Florida
27 Statutes, is amended to read:
28 18.10 Deposits and investments of state money.--
29 (4) All earnings on any investments made pursuant to
30 this section are hereby appropriated shall be credited to the
31 General Revenue Fund, except that earnings attributable to
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1 moneys made available pursuant to s. 18.125(3)(a) and (b)
2 shall be credited pro rata to the funds from which such moneys
3 were made available.
4 Section 56. The amendment of subsection (4) of section
5 18.10, 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 57. In order to implement Specific
13 Appropriations 349, 1170, and 3119 of the 2002-2003 General
14 Appropriations Act, subsection (3) of section 18.125, Florida
15 Statutes, is amended to read:
16 18.125 Treasurer; powers and duties in the investment
17 of certain funds.--
18 (3)(a) Except as otherwise provided in this
19 subsection, it is the duty of each state agency, and of the
20 judicial branch, now or hereafter charged with the
21 administration of the funds referred to in subsection (1) to
22 make such moneys available for investment as fully as is
23 consistent with the cash requirements of the particular fund
24 and to authorize investment of such moneys by the Treasurer.
25 (b) Monthly, and more often as circumstances require,
26 such agency or judicial branch shall notify the Treasurer of
27 the amount available for investment; and the moneys shall be
28 invested by the Treasurer. Such notification shall include
29 the name and number of the fund for which the investments are
30 to be made and the life of the investment if the principal sum
31 is to be required for meeting obligations. This subsection,
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1 however, shall not be construed to make available for
2 investment any funds other than those referred to in
3 subsection (1).
4 (c) Except as provided in this paragraph and except
5 for moneys described in paragraph (d), the following agencies
6 shall not invest trust fund moneys as provided in this
7 section, but shall retain such moneys in their respective
8 trust funds for investment, with interest appropriated to the
9 General Revenue Fund, pursuant to s. 18.10:
10 1. The Agency for Health Care Administration, except
11 for the Tobacco Settlement Trust Fund.
12 2. The Department of Children and Family Services,
13 except for:
14 a. The Alcohol, Drug Abuse, and Mental Health Trust
15 Fund.
16 b. The Community Resources Development Trust Fund.
17 c. The Refugee Assistance Trust Fund.
18 d. The Social Services Block Grant Trust Fund.
19 e. The Tobacco Settlement Trust Fund.
20 f. The Working Capital Trust Fund.
21 3. The Department of Community Affairs, only for the
22 Operating Trust Fund.
23 4. The Department of Corrections.
24 5. The Department of Elderly Affairs, except for:
25 a. The Federal Grants Trust Fund.
26 b. The Tobacco Settlement Trust Fund.
27 6. The Department of Health, except for:
28 a. The Federal Grants Trust Fund.
29 b. The Grants and Donations Trust Fund.
30 c. The Maternal and Child Health Block Grant Trust
31 Fund.
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1 d. The Tobacco Settlement Trust Fund.
2 7. The Department of Highway Safety and Motor
3 Vehicles, only for:
4 a. The DUI Programs Coordination Trust Fund.
5 b. The Security Deposits Trust Fund.
6 8. The Department of Juvenile Justice.
7 9. The Department of Labor and Employment Security,
8 only for the Administrative Trust Fund.
9 10. The Department of Law Enforcement.
10 11. The Department of Legal Affairs.
11 12. The Department of State, only for:
12 a. The Grants and Donations Trust Fund.
13 b. The Records Management Trust Fund.
14 13. The Executive Office of the Governor, only for:
15 a. The Economic Development Transportation Trust Fund.
16 b. The Economic Development Trust Fund.
17 14. The Florida Public Service Commission, only for
18 the Florida Public Service Regulatory Trust Fund.
19 15. The Justice Administrative Commission.
20 16. The state courts system.
21 (d) Moneys in any trust funds of the agencies in
22 paragraph (c) may be invested pursuant to the provisions of
23 this section if:
24 1. Investment of such moneys and the retention of
25 interest is required by federal programs or mandates;
26 2. Investment of such moneys and the retention of
27 interest is required by bond covenants, indentures, or
28 resolutions;
29 3. Such moneys are held by the state in a trustee
30 capacity as an agent or fiduciary for individuals, private
31 organizations, or other governmental units; or
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1 4. The Executive Office of the Governor determines,
2 after consultation with the Legislature pursuant to the
3 procedures of s. 216.177, that federal matching funds or
4 contributions or private grants to any trust fund would be
5 lost to the state.
6 Section 58. The amendment of subsection (3) of section
7 18.125, Florida Statutes, by this act shall expire on July 1,
8 2003, and the text of that subsection shall revert to that in
9 existence on June 30, 2002, except that any amendments to such
10 text enacted other than by this act shall be preserved and
11 continue to operate to the extent that such amendments are not
12 dependent upon the portions of such text which expire pursuant
13 to the provisions of this act.
14 Section 59. In order to implement Specific
15 Appropriation 3119 of the 2002-2003 General Appropriations
16 Act, paragraph (f) of subsection (2) of section 14.2015,
17 Florida Statutes, is amended to read:
18 14.2015 Office of Tourism, Trade, and Economic
19 Development; creation; powers and duties.--
20 (2) The purpose of the Office of Tourism, Trade, and
21 Economic Development is to assist the Governor in working with
22 the Legislature, state agencies, business leaders, and
23 economic development professionals to formulate and implement
24 coherent and consistent policies and strategies designed to
25 provide economic opportunities for all Floridians. To
26 accomplish such purposes, the Office of Tourism, Trade, and
27 Economic Development shall:
28 (f)1. Administer the Florida Enterprise Zone Act under
29 ss. 290.001-290.016, the community contribution tax credit
30 program under ss. 220.183 and 624.5105, the tax refund program
31 for qualified target industry businesses under s. 288.106, the
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1 tax-refund program for qualified defense contractors under s.
2 288.1045, contracts for transportation projects under s.
3 288.063, the sports franchise facility program under s.
4 288.1162, the professional golf hall of fame facility program
5 under s. 288.1168, the expedited permitting process under s.
6 403.973, the Rural Community Development Revolving Loan Fund
7 under s. 288.065, the Regional Rural Development Grants
8 Program under s. 288.018, the Certified Capital Company Act
9 under s. 288.99, the Florida State Rural Development Council,
10 the Rural Economic Development Initiative, and other programs
11 that are specifically assigned to the office by law, by the
12 appropriations process, or by the Governor. Notwithstanding
13 any other provisions of law, the office may expend interest
14 earned from the investment of program funds deposited in the
15 Economic Development Trust Fund, the Grants and Donations
16 Trust Fund and, the Brownfield Property Ownership Clearance
17 Assistance Revolving Loan Trust Fund, and the Economic
18 Development Transportation Trust Fund to contract for the
19 administration of the programs, or portions of the programs,
20 enumerated in this paragraph or assigned to the office by law,
21 by the appropriations process, or by the Governor. Such
22 expenditures shall be subject to review under chapter 216.
23 2. The office may enter into contracts in connection
24 with the fulfillment of its duties concerning the Florida
25 First Business Bond Pool under chapter 159, tax incentives
26 under chapters 212 and 220, tax incentives under the Certified
27 Capital Company Act in chapter 288, foreign offices under
28 chapter 288, the Enterprise Zone program under chapter 290,
29 the Seaport Employment Training program under chapter 311, the
30 Florida Professional Sports Team License Plates under chapter
31 320, Spaceport Florida under chapter 331, Expedited Permitting
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1 under chapter 403, and in carrying out other functions that
2 are specifically assigned to the office by law, by the
3 appropriations process, or by the Governor.
4 Section 60. The amendment of paragraph (f) of
5 subsection (2) of section 14.2015, Florida Statutes, by this
6 act shall expire on July 1, 2003, and the text of that
7 paragraph shall revert to that in existence on June 30, 2002,
8 except that any amendments to such text enacted other than by
9 this act shall be preserved and continue to operate to the
10 extent that such amendments are not dependent upon the
11 portions of such text which expire pursuant to the provisions
12 of this act.
13 Section 61. In order to implement Specific
14 Appropriation 349 of the 2002-2003 General Appropriations Act,
15 subsection (7) of section 240.4075, Florida Statutes, is
16 amended to read:
17 240.4075 Nursing Student Loan Forgiveness Program.--
18 (7)(a) Funds contained in the Nursing Student Loan
19 Forgiveness Trust Fund which are to be used for loan
20 forgiveness for those nurses employed by hospitals, birth
21 centers, and nursing homes must be matched on a
22 dollar-for-dollar basis by contributions from the employing
23 institutions, except that this provision shall not apply to
24 state-operated medical and health care facilities, public
25 schools, county health departments, federally sponsored
26 community health centers, teaching hospitals as defined in s.
27 408.07, family practice teaching hospitals as defined in s.
28 395.805, or specialty hospitals for children as used in s.
29 409.9119. If in any given fiscal quarter there are
30 insufficient funds in the trust fund to grant all eligible
31 applicant requests, awards shall be based on the following
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1 priority of employer: county health departments; federally
2 sponsored community health centers; state-operated medical and
3 health care facilities; public schools; teaching hospitals as
4 defined in s. 408.07; family practice teaching hospitals as
5 defined in s. 395.805; specialty hospitals for children as
6 used in s. 409.9119; and other hospitals, birth centers, and
7 nursing homes.
8 (b) All Nursing Student Loan Forgiveness Trust Fund
9 moneys shall be invested pursuant to s. 18.125. Interest
10 income accruing to that portion of the trust fund not matched
11 shall increase the total funds available for loan forgiveness
12 and scholarships. Pledged contributions shall not be eligible
13 for matching prior to the actual collection of the total
14 private contribution for the year.
15 Section 62. The amendment of subsection (7) of section
16 240.4075, Florida Statutes, by this act shall expire on July
17 1, 2003, and the text of that subsection shall revert to that
18 in existence on June 30, 2002, except that any amendments to
19 such text enacted other than by this act shall be preserved
20 and continue to operate to the extent that such amendments are
21 not dependent upon the portions of such text which expire
22 pursuant to the provisions of this act.
23 Section 63. In order to implement Specific
24 Appropriation 349 of the 2002-2003 General Appropriations Act,
25 subsection (3) of section 385.207, Florida Statutes, is
26 amended to read:
27 385.207 Care and assistance of persons with epilepsy;
28 establishment of programs in epilepsy control.--
29 (3) Revenue for statewide implementation of programs
30 for epilepsy prevention and education pursuant to this section
31 shall be derived pursuant to the provisions of s. 318.21(6)
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1 and shall be deposited in the Epilepsy Services Trust Fund,
2 which is hereby established to be administered by the
3 Department of Health. All funds deposited into the trust fund
4 shall be invested pursuant to the provisions of s. 18.125.
5 Interest income accruing to such invested funds shall increase
6 the total funds available under this subsection.
7 Section 64. The amendment of subsection (3) of section
8 385.207, Florida Statutes, by this act shall expire on July 1,
9 2003, and the text of that subsection shall revert to that in
10 existence on June 30, 2002, except that any amendments to such
11 text enacted other than by this act shall be preserved and
12 continue to operate to the extent that such amendments are not
13 dependent upon the portions of such text which expire pursuant
14 to the provisions of this act.
15 Section 65. In order to implement Specific
16 Appropriation 1170 of the 2002-2003 General Appropriations
17 Act, subsection (1) of section 860.158, Florida Statutes, is
18 amended to read:
19 860.158 Florida Motor Vehicle Theft Prevention Trust
20 Fund.--
21 (1) There is hereby established within the Department
22 of Legal Affairs the Florida Motor Vehicle Theft Prevention
23 Trust Fund, which shall be administered by the executive
24 director of the authority at the direction of the board. All
25 interest earned from the investment or deposit of moneys
26 accumulated in the trust fund shall be deposited in the trust
27 fund. The trust fund shall be funded from the surcharge
28 collected under s. 320.08046.
29 Section 66. The amendment of subsection (1) of section
30 860.158, Florida Statutes, by this act shall expire on July 1,
31 2003, and the text of that subsection shall revert to that in
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1 existence on June 30, 2002, except that any amendments to such
2 text enacted other than by this act shall be preserved and
3 continue to operate to the extent that such amendments are not
4 dependent upon the portions of such text which expire pursuant
5 to the provisions of this act.
6 Section 67. In order to implement Specific
7 Appropriation 1170 of the 2002-2003 General Appropriations
8 Act, subsection (1) of section 938.01, Florida Statutes, as
9 amended by section 18 of chapter 2002-55, Laws of Florida, is
10 amended to read:
11 938.01 Additional Court Cost Clearing Trust Fund.--
12 (1) All courts created by Art. V of the State
13 Constitution shall, in addition to any fine or other penalty,
14 assess $3 as a court cost against every person convicted for
15 violation of a state penal or criminal statute or convicted
16 for violation of a municipal or county ordinance. Any person
17 whose adjudication is withheld pursuant to the provisions of
18 s. 318.14(9) or (10) shall also be assessed such cost. In
19 addition, $3 from every bond estreature or forfeited bail bond
20 related to such penal statutes or penal ordinances shall be
21 remitted to the Department of Revenue as described in this
22 subsection. However, no such assessment may be made against
23 any person convicted for violation of any state statute,
24 municipal ordinance, or county ordinance relating to the
25 parking of vehicles.
26 (a) All costs collected by the courts pursuant to this
27 subsection shall be remitted to the Department of Revenue in
28 accordance with administrative rules adopted by the executive
29 director of the Department of Revenue for deposit in the
30 Additional Court Cost Clearing Trust Fund. These funds and the
31 funds deposited in the Additional Court Cost Clearing Trust
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1 Fund pursuant to s. 318.21(2)(c) shall be distributed as
2 follows:
3 1. Ninety-two percent to the Department of Law
4 Enforcement Criminal Justice Standards and Training Trust
5 Fund.
6 2. Six and three-tenths percent to the Department of
7 Law Enforcement Operating Trust Fund for the Criminal Justice
8 Grant Program.
9 3. One and seven-tenths percent to the Department of
10 Children and Family Services Domestic Violence Trust Fund for
11 the domestic violence program pursuant to s. 39.903(3).
12 (b) The funds deposited in the Department of Law
13 Enforcement Criminal Justice Standards and Training Trust
14 Fund, the Department of Law Enforcement Operating Trust Fund,
15 and the Department of Children and Family Services Domestic
16 Violence Trust Fund may be invested. Any interest earned from
17 investing such funds and any unencumbered funds remaining at
18 the end of the budget cycle shall remain in the respective
19 trust fund.
20 (b)(c) All funds in the Department of Law Enforcement
21 Criminal Justice Standards and Training Trust Fund shall be
22 disbursed only in compliance with s. 943.25(9).
23 Section 68. The amendment of subsection (1) of section
24 938.01, 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
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1 Section 69. A section of this act that implements a
2 specific appropriation or specifically identified proviso
3 language in the 2002-2003 General Appropriations Act is void
4 if the specific appropriation or specifically identified
5 proviso language is vetoed. A section of this act that
6 implements more than one specific appropriation or more than
7 one portion of specifically identified proviso language in the
8 2002-2003 General Appropriations Act is void if all the
9 specific appropriations or portions of specifically identified
10 proviso language are vetoed.
11 Section 70. If any other act passed in 2002 contains a
12 provision that is substantively the same as a provision in
13 this act, but that removes or is otherwise not subject to the
14 future repeal applied to such provision by this act, the
15 Legislature intends that the provision in the other act shall
16 take precedence and shall continue to operate, notwithstanding
17 the future repeal provided by this act.
18 Section 71. The agency performance measures and
19 standards in the document entitled "Florida's Budget 2002
20 Agency Performance Measures and Standards Approved by the
21 Legislature for Fiscal Year 2002-03" dated April 29, 2002, and
22 filed with the Clerk of the House of Representatives are
23 incorporated by reference. Such performance measures and
24 standards are directly linked to the appropriations made in
25 the General Appropriations Act for fiscal year 2002-2003, as
26 required by the Government Performance and Accountability Act
27 of 1994. State agencies are directed to revise their
28 long-range program plans required under section 216.013,
29 Florida Statutes, to be consistent with these performance
30 measures and standards.
31
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1 Section 72. If any provision of this act or its
2 application to any person or circumstance is held invalid, the
3 invalidity shall not affect other provisions or applications
4 of the act which can be given effect without the invalid
5 provision or application, and to this end the provisions of
6 this act are declared severable.
7 Section 73. Except as otherwise provided in this act,
8 this act shall take effect July 1, 2002; or, in the event this
9 act fails to become a law until after that date, it shall take
10 effect upon becoming a law and shall operate retroactively to
11 July 1, 2002.
12
13 *****************************************
14 HOUSE SUMMARY
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Provides guidelines for implementing the 2002-2003
16 General Appropriations Act. Adopts state agency program
performance measures and standards. See bill for
17 details.
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