House Bill hb0029Ee1
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HB 29-E, First Engrossed
1 A bill to be entitled
2 An act implementing the 2002-2003 General
3 Appropriations Act; providing legislative
4 intent; amending s. 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
1
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HB 29-E, First Engrossed
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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HB 29-E, First Engrossed
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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HB 29-E, First Engrossed
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
4
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HB 29-E, First Engrossed
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. 255.25, F.S.; exempting certain leases
5 entered into by the state agencies from leasing
6 requirements under specified circumstances;
7 amending s. 110.152, F.S.; authorizing the
8 Department of Management Services to make
9 lump-sum payments for adoption benefits for
10 state employees; amending s. 110.2035, F.S.;
11 revising provisions governing the
12 classification and compensation program for
13 state employees; requiring the Department of
14 Management Services to adopt rules, including
15 emergency rules, necessary to implement such
16 program; amending s. 110.12315, F.S.; providing
17 copayment requirements for the state employees'
18 prescription drug program; providing for a
19 preferred brand name drug list to be used in
20 the administration of such program; amending s.
21 110.1239, F.S.; providing requirements for the
22 funding of the state group health insurance
23 program; amending s. 112.061, F.S.; providing
24 for computation of travel time and
25 reimbursement for public officers' and
26 employees' travel; amending s. 163.3184, F.S.;
27 prescribing standards for the state land
28 planning agency to use when issuing notice of
29 intent on a comprehensive plan or plan
30 amendment; amending s. 252.373, F.S.; providing
31 for use of certain funds of the Emergency
5
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HB 29-E, First Engrossed
1 Management, Preparedness, and Assistance Trust
2 Fund for purposes of local disaster
3 preparedness and as state match for federally
4 approved Hazard Mitigation Grant Program
5 projects; amending s. 288.063, F.S.; providing
6 that certain transportation projects may be
7 designated and funded by the Legislature as
8 necessary for economic development; amending s.
9 402.3017, F.S.; providing for administration of
10 the Teacher Education and Compensation Helps
11 (TEACH) scholarship program; amending s.
12 125.35, F.S.; authorizing counties to lease
13 certain property in empowerment zones for
14 certain public purposes; amending s. 338.2216,
15 F.S.; providing that certain positions under
16 the Florida Turnpike Enterprise remain in the
17 career service; amending s. 339.12, F.S.;
18 deferring application of a provision granting
19 preference to certain counties for
20 transportation grants under specified
21 circumstances; amending s. 411.01, F.S.;
22 providing priority for placement of children in
23 the school readiness program; amending s.
24 215.20, F.S.; appropriating the service charges
25 on certain income and trust funds to the
26 General Revenue Fund; amending s. 215.22, F.S.;
27 exempting certain income and trust funds from
28 such appropriation; amending s. 18.10, F.S.;
29 appropriating certain investment earnings to
30 the General Revenue Fund; amending s. 18.125,
31 F.S.; revising investment requirements for
6
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HB 29-E, First Engrossed
1 certain trust funds; amending ss. 14.2015,
2 240.4075, 385.207, 860.158, and 938.01, F.S.,
3 to conform; providing for future repeal or
4 expiration of various provisions; providing for
5 reversion of certain provisions; providing
6 effect of veto of specific appropriation or
7 proviso to which implementing language refers;
8 providing applicability to other legislation;
9 incorporating by reference specified
10 performance measures and standards directly
11 linked to the appropriations made in the
12 2001-2002 General Appropriations Act, as
13 required by the Government Performance and
14 Accountability Act of 1994; providing
15 severability; providing effective dates.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. It is the intent of the Legislature that
20 the implementing and administering provisions of this act
21 apply to the General Appropriations Act for fiscal year
22 2002-2003.
23 Section 2. In order to implement Specific
24 Appropriation 105 of the 2002-2003 General Appropriations Act,
25 paragraph (k) of subsection (1) and subsection (8) of section
26 236.081, Florida Statutes, as amended by section 1 of chapter
27 2001-47 and section 4 of chapter 2001-254, Laws of Florida,
28 are amended to read:
29 236.081 Funds for operation of schools.--If the annual
30 allocation from the Florida Education Finance Program to each
31 district for operation of schools is not determined in the
7
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HB 29-E, First Engrossed
1 annual appropriations act or the substantive bill implementing
2 the annual appropriations act, it shall be determined as
3 follows:
4 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
5 OPERATION.--The following procedure shall be followed in
6 determining the annual allocation to each district for
7 operation:
8 (k) Calculation of additional full-time equivalent
9 membership based on international baccalaureate examination
10 scores of students.--A value of 0.24 full-time equivalent
11 student membership shall be calculated for each student
12 enrolled in an international baccalaureate course who receives
13 a score of 4 or higher on a subject examination. A value of
14 0.3 full-time equivalent student membership shall be
15 calculated for each student who receives an international
16 baccalaureate diploma. Such value shall be added to the total
17 full-time equivalent student membership in basic programs for
18 grades 9 through 12 in the subsequent fiscal year. During the
19 1997-1998, 1998-1999, and 1999-2000 school years of the pilot
20 program authorized in s. 240.116, Students enrolled in the
21 Advanced International Certificate of Education Program shall
22 generate full-time equivalent student membership in a manner
23 that is equitable to the manner in which students enrolled in
24 the International Baccalaureate Program generate full-time
25 equivalent student membership. During 1997-1998, a maximum of
26 40 students in each participating school district is
27 authorized to generate full-time equivalent student membership
28 in the pilot program, and in 1998-1999 and 1999-2000 a maximum
29 of 80 students per year in each participating school district
30 is authorized to generate full-time equivalent student
31 membership in the pilot program. The school district shall
8
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HB 29-E, First Engrossed
1 distribute to each classroom teacher who provided
2 international baccalaureate instruction:
3 1. A bonus in the amount of $50 for each student
4 taught by the International Baccalaureate teacher in each
5 international baccalaureate course who receives a score of 4
6 or higher on the international baccalaureate examination.
7 2. An additional bonus of $500 to each International
8 Baccalaureate teacher in a school designated performance grade
9 category "D" or "F" who has at least one student scoring 4 or
10 higher on the international baccalaureate examination,
11 regardless of the number of classes taught or of the number of
12 students scoring a 4 or higher on the international
13 baccalaureate examination.
14
15 Bonuses awarded to a teacher according to this paragraph shall
16 not exceed $2,000 in any given school year and shall be in
17 addition to any regular wage or other bonus the teacher
18 received or is scheduled to receive.
19 (8) QUALITY ASSURANCE GUARANTEE.--The Legislature may
20 annually in the General Appropriations Act determine a
21 percentage increase in funds per K-12 unweighted weighted FTE
22 as a minimum guarantee to each school district. The guarantee
23 shall be calculated from prior year base funding per
24 unweighted weighted FTE student which shall include the
25 adjusted FTE dollars as provided in subsection (9), quality
26 guarantee funds, and actual nonvoted discretionary local
27 effort from taxes. From the base funding per unweighted
28 weighted FTE, the increase shall be calculated for the current
29 year. The current year funds from which the guarantee shall be
30 determined shall include the adjusted FTE dollars as provided
31 in subsection (9) and potential nonvoted discretionary local
9
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HB 29-E, First Engrossed
1 effort from taxes. A comparison of current year funds per
2 unweighted weighted FTE to prior year funds per unweighted
3 weighted FTE shall be computed. For those school districts
4 which have less than the legislatively assigned percentage
5 increase, funds shall be provided to guarantee the assigned
6 percentage increase in funds per unweighted weighted FTE
7 student. Should appropriated funds be less than the sum of
8 this calculated amount for all districts, the commissioner
9 shall prorate each district's allocation. This provision shall
10 be implemented to the extent specifically funded.
11 Section 3. The amendment of paragraph (k) of
12 subsection (1) and subsection (8) of section 236.081, Florida
13 Statutes, by this act shall expire on July 1, 2003, and the
14 text of those provisions shall revert to that in existence on
15 June 30, 2002, except that any amendments to such text enacted
16 other than by this act shall be preserved and continue to
17 operate to the extent that such amendments are not dependent
18 upon the portions of such text which expire pursuant to the
19 provisions of this act.
20 Section 4. In order to implement Specific
21 Appropriations 71-166T of the 2002-2003 General Appropriations
22 Act, subsection (2) of section 229.085, Florida Statutes, as
23 amended by section 31 of chapter 2001-170, Laws of Florida, is
24 amended to read:
25 229.085 Custody of educational funds.--
26 (2)(a) There is created in the Department of Education
27 the Projects, Contracts, and Grants Trust Fund. The personnel
28 employed to plan and administer grants or contracts for
29 specific projects shall be considered in time-limited
30 employment not to exceed the duration of the grant or until
31 completion of the project, whichever first occurs. Such
10
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HB 29-E, First Engrossed
1 employees shall not acquire retention rights under the Career
2 Service System. Any employee holding permanent career service
3 status in a Department of Education position who is appointed
4 to a position under the Projects, Contracts, and Grants Trust
5 Fund shall retain such permanent status in the career service
6 position.
7 (b) If, in executing the terms of such grants or
8 contracts for specific projects, the employment of personnel
9 shall be required, such personnel shall not be subject to the
10 requirements of s. 216.262(1)(a). This paragraph expires July
11 1, 2003.
12 Section 5. In order to implement Specific
13 Appropriations 7B-7G and 166U-181A and Section 9 of the
14 2002-2003 General Appropriations Act:
15 (1) Universities in the State University System shall
16 utilize the state accounting system (FLAIR) for fiscal year
17 2002-2003 but are not required to provide funds to the
18 Department of Banking and Finance for its utilization.
19 (2) Notwithstanding the provisions of ss. 216.181,
20 216.292, and 240.2094 and pursuant to s. 216.351, Florida
21 Statutes, funds appropriated or reappropriated to the state
22 universities in the 2002-2003 General Appropriations Act, or
23 any other act passed by the 2002 Legislature containing
24 appropriations, shall be distributed to each university
25 according to the 2002-2003 fiscal year operating budget
26 approved by the university board of trustees. Each university
27 board of trustees shall have authority to amend the operating
28 budget as circumstances warrant. The operating budget may
29 utilize traditional appropriation categories or it may
30 consolidate the appropriations into a special category
31 appropriation account. The Comptroller or Chief Financial
11
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HB 29-E, First Engrossed
1 Officer, upon the request of the university board of trustees,
2 shall record by journal transfer the distribution of the
3 appropriated funds and releases according to the approved
4 operating budget to the appropriation accounts established for
5 disbursement purposes for each university within the state
6 accounting system (FLAIR).
7 (3) Notwithstanding the provisions of ss. 216.181,
8 216.292, 240.241, and 240.277 and pursuant to s. 216.351,
9 Florida Statutes, each university board of trustees shall
10 include in an approved operating budget the revenue in trust
11 funds supported by student and other fees as well as the trust
12 funds within the Contract, Grants, and Donations, Auxiliary
13 Enterprises, and Sponsored Research budget entities. The
14 university board of trustees shall have the authority to amend
15 the operating budget as circumstances warrant. The operating
16 budget may utilize traditional appropriation categories or it
17 may consolidate the trust fund spending authority into a
18 special category appropriation account. The Comptroller or
19 Chief Financial Officer, upon the request of the university
20 board of trustees, shall record the distribution of the trust
21 fund spending authority and releases according to the approved
22 operating budget to the appropriation accounts established for
23 disbursement purposes for each university within the state
24 accounting system (FLAIR).
25 (4) This section expires July 1, 2003.
26 Section 6. In order to implement Specific
27 Appropriation 105 of the 2002-2003 General Appropriations Act,
28 paragraph (a) of subsection (1) of section 236.081, Florida
29 Statutes, is amended to read:
30 236.081 Funds for operation of schools.--If the annual
31 allocation from the Florida Education Finance Program to each
12
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HB 29-E, First Engrossed
1 district for operation of schools is not determined in the
2 annual appropriations act or the substantive bill implementing
3 the annual appropriations act, it shall be determined as
4 follows:
5 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
6 OPERATION.--The following procedure shall be followed in
7 determining the annual allocation to each district for
8 operation:
9 (a) Determination of full-time equivalent
10 membership.--During each of several school weeks, including
11 scheduled intersessions of a year-round school program during
12 the fiscal year, a program membership survey of each school
13 shall be made by each district by aggregating the full-time
14 equivalent student membership of each program by school and by
15 district. The department shall establish the number and
16 interval of membership calculations, except that for basic and
17 special programs such calculations shall not exceed nine for
18 any fiscal year. The district's full-time equivalent
19 membership shall be computed and currently maintained in
20 accordance with regulations of the commissioner. Beginning
21 with the 1999-2000 school year, each school district shall
22 also document the daily attendance of each student in
23 membership by school and by district. An average daily
24 attendance factor shall be computed by dividing the total
25 daily attendance of all students by the total number of
26 students in membership and then by the number of days in the
27 regular school year. Beginning with the 2003-2004 2002-2003
28 school year, the district's full-time equivalent membership
29 shall be adjusted by multiplying by the average daily
30 attendance factor.
31
13
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HB 29-E, First Engrossed
1 Section 7. In order to implement Specific
2 Appropriations 5, 105, 106A, 107, and 108 of the 2002-2003
3 General Appropriations Act, for the 2002-2003 state fiscal
4 year only, and notwithstanding the provisions of ss.
5 236.081(3), 236.08104, 236.083, and 237.34(3)(b), Florida
6 Statutes, each district school board may use and shall report
7 the use of funds allocated to the school district from such
8 appropriations as provided below:
9 (1) If a district school board declares in a
10 resolution adopted at a regular meeting of the board that the
11 funds received for any of the following categorical
12 appropriations are urgently needed to maintain academic
13 classroom instruction specified by the board, the board may
14 approve an amendment to the district's operating budget
15 transferring the identified amount of the categorical funds to
16 the appropriate account for expenditure:
17 (a) Student transportation: Specific Appropriation
18 107.
19 (b) Teacher training: Specific Appropriations 5 and
20 108.
21 (c) Safe schools: Specific Appropriation 105.
22 (d) Public school technology: Specific Appropriation
23 106A.
24 (e) Supplemental academic instruction: Specific
25 Appropriation 105.
26 (2) Each district school board shall include in its
27 annual financial report to the Department of Education
28 required pursuant to s. 237.34, Florida Statutes, the amount
29 of funds the board transferred from each of the categorical
30 appropriations specified in subsection (1) and the specific
31 academic classroom instruction for which the transferred funds
14
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HB 29-E, First Engrossed
1 were expended. The Department of Education shall provide
2 instructions and specify the format to be used in submitting
3 this required information as a part of such annual financial
4 report.
5 Section 8. In order to implement Specific
6 Appropriations 71-166T of the 2002-2003 General Appropriations
7 Act, section 236.7011, Florida Statutes, is amended to read:
8 236.7011 Federal grants; maximization of indirect cost
9 allowance.--The Department of Education shall maximize the
10 available federal indirect cost allowed on all federal grants.
11 Beginning with the 2003-2004 2002-2003 fiscal year, none of
12 the funds received from indirect cost allowance shall be
13 expended by the department without specific appropriation by
14 the Legislature. Funds received pursuant to s. 240.241 are
15 specifically exempt from this provision.
16 Section 9. In order to implement Specific
17 Appropriations 71-166T of the 2002-2003 General Appropriations
18 Act:
19 (1) The Knott Data Center and Projects, Contracts, and
20 Grants Programs under the management of the Department of
21 Education are exempt from the requirements of s. 216.023,
22 Florida Statutes. The Department of Education, in consultation
23 with the legislative appropriations committees, shall approve
24 an estimated level of expenditures, salary rates, and
25 positions for the Knott Data Center and for Projects,
26 Contracts, and Grants Programs. If such expenditures exceed
27 the prior year level by more than 10 percent, the full
28 membership of the legislative appropriations committees shall
29 be notified of the increase.
30 (2) No new state appropriations shall be obligated as
31 a source of matching funds for potential federal or private
15
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HB 29-E, First Engrossed
1 contracts or grants. Upon termination of any federal or
2 private contracts or grants, the state shall not be obligated
3 to provide continued funding for personnel or project costs
4 related to such contracts or grants.
5 (3) This section expires July 1, 2003.
6 Section 10. In order to implement Specific
7 Appropriations 166L of the 2002-2003 General Appropriations
8 Act, subsection (3) of section 240.4015, Florida Statutes, is
9 amended to read:
10 240.4015 Florida Bright Futures Scholarship Testing
11 Program.--
12 (3)(a) Beginning with initial award recipients for the
13 2002-2003 academic year and continuing thereafter, students
14 eligible for a Florida Academic Scholars award or a Florida
15 Merit Scholars award who are admitted to and enroll in a
16 community college or state university shall, prior to
17 registering for courses that may be earned through a CLEP
18 examination and no later than registration for their second
19 term, complete at least five examinations from those specified
20 in subsection (1) in the following areas: English; humanities;
21 mathematics; natural sciences; and social sciences. Successful
22 completion of dual enrollment courses, Advanced Placement
23 examinations, and International Baccalaureate examinations
24 taken prior to high school graduation satisfy this
25 requirement. The Articulation Coordinating Committee shall
26 identify the examinations that satisfy each component of this
27 requirement.
28 (b) Notwithstanding the provisions of paragraph (a),
29 and for the 2002-2003 fiscal year only, initial award
30 recipients for the 2002-2003 academic year who are eligible
31 for a Florida Academic Scholars award or a Florida Merit
16
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HB 29-E, First Engrossed
1 Scholars award and who are admitted to and enroll in a
2 community college or state university shall, prior to
3 registering for courses that may be earned through a CLEP
4 examination and no later than the end of the 2002-2003
5 academic year, complete at least five examinations from those
6 specified in subsection (1) in the following areas: English;
7 humanities; mathematics; natural sciences; and social
8 sciences. Successful completion of dual enrollment courses,
9 Advanced Placement examinations, and International
10 Baccalaureate examinations taken prior to high school
11 graduation satisfy this requirement. The Articulation
12 Coordinating Committee shall identify the examinations that
13 satisfy each component of this requirement. This paragraph
14 expires July 1, 2003.
15 Section 11. In order to implement Specific
16 Appropriations 270-451R and 491-650 of the 2002-2003 General
17 Appropriations Act, paragraph (c) of subsection (16) of
18 section 216.181, Florida Statutes, is amended to read:
19 216.181 Approved budgets for operations and fixed
20 capital outlay.--
21 (16)
22 (c) For the 2002-2003 2001-2002 fiscal year only,
23 funds appropriated to the Department of Children and Family
24 Services in Specific Appropriations 270-451R 302-466 and the
25 Department of Health in Specific Appropriations 491-650
26 503-637 of the 2002-2003 2001-2002 General Appropriations Act
27 may be advanced, unless specifically prohibited in such
28 General Appropriations Act, for those contracted services that
29 were approved for advancement by the Comptroller in fiscal
30 year 1993-1994, including those services contracted on a
31
17
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HB 29-E, First Engrossed
1 fixed-price or unit-cost basis. This paragraph expires July 1,
2 2003 2002.
3 Section 12. In order to implement Specific
4 Appropriations 458-474 of the 2002-2003 General Appropriations
5 Act, paragraph (b) of subsection (1) of section 430.204,
6 Florida Statutes, is amended to read:
7 430.204 Community-care-for-the-elderly core services;
8 departmental powers and duties.--
9 (1)
10 (b) For fiscal year 2002-2003 2001-2002 only, in each
11 county having a population over 2 million, the department
12 shall fund, through each area agency on aging in each county
13 as defined in s. 125.011(1), more than one community care
14 service system the primary purpose of which is the prevention
15 of unnecessary institutionalization of functionally impaired
16 elderly persons through the provision of community-based core
17 services. This paragraph expires July 1, 2003 2002.
18 Section 13. In order to implement Specific
19 Appropriations 458-474 of the 2002-2003 General Appropriations
20 Act, paragraph (b) of subsection (1) of section 430.205,
21 Florida Statutes, is amended to read:
22 430.205 Community care service system.--
23 (1)
24 (b) For fiscal year 2002-2003 2001-2002 only, in each
25 county having a population over 2 million, the department
26 shall fund, through the area agency on aging in each county as
27 defined in s. 125.011(1), shall fund in each planning and
28 service area more than one community care service system that
29 provides case management and other in-home and community
30 services as needed to help elderly persons maintain
31
18
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HB 29-E, First Engrossed
1 independence and prevent or delay more costly institutional
2 care. This paragraph expires July 1, 2003 2002.
3 Section 14. In order to implement Specific
4 Appropriations 303-338 of the 2002-2003 General Appropriations
5 Act, subsection (12) of section 216.292, Florida Statutes, is
6 amended to read:
7 216.292 Appropriations nontransferable; exceptions.--
8 (12) For the 2002-2003 2001-2002 fiscal year only and
9 notwithstanding the other provisions of this section, the
10 Department of Children and Family Services may transfer funds
11 within the family safety program identified in the General
12 Appropriations Act from identical funding sources between the
13 following appropriation categories without limitation as long
14 as such a transfer does not result in an increase to the total
15 recurring general revenue or trust fund cost of the agency in
16 the subsequent fiscal year: adoption services and subsidy;
17 family foster care; and emergency shelter care. Such transfers
18 must be consistent with legislative policy and intent and must
19 not adversely affect achievement of approved performance
20 outcomes or outputs in the family safety program. Notice of
21 proposed transfers under this authority must be provided to
22 the Executive Office of the Governor and the chairs of the
23 legislative appropriations committees at least 5 working days
24 before their implementation. This subsection expires July 1,
25 2003 2002.
26 Section 15. In order to implement Specific
27 Appropriation 644A of the 2002-2003 General Appropriations
28 Act, subsection (4) of section 401.113, Florida Statutes, as
29 created by section 6 of chapter 2001-380, Laws of Florida, is
30 amended to read:
31 401.113 Department; powers and duties.--
19
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HB 29-E, First Engrossed
1 (4) For the 2002-2003 2001-2002 state fiscal year
2 only, and notwithstanding the provisions of subsections (1)
3 and (2), moneys in the Emergency Medical Services Trust Fund
4 may also be used for the purpose of funding the rural hospital
5 capital improvement grant program in accordance with the
6 provisions of s. 395.6061. This subsection expires July 1,
7 2003 2002.
8 Section 16. In order to implement Specific
9 Appropriation 672 of the 2002-2003 General Appropriations Act,
10 section 295.182, Florida Statutes, is amended to read:
11 295.182 Florida World War II Veterans Memorial
12 Matching Trust Fund; contributions; use.--
13 (1) The Florida World War II Veterans Memorial
14 Matching Trust Fund, if created by law, within the Department
15 of Veterans' Affairs shall receive private contributions and
16 matching state funds specifically appropriated by the
17 Legislature for the purpose of matching private donations
18 deposited into the trust fund to build a Florida World War II
19 Veterans Memorial as provided by this act. The department is
20 authorized to use moneys in the trust fund, if created by law,
21 in a manner which will generate increased funding for the
22 Florida World War II Veterans Memorial. Contributions to the
23 Florida World War II Veterans Memorial Matching Trust Fund
24 must be returned to those entities or individuals contributing
25 to the trust fund if the Florida World War II Veterans
26 Memorial is not constructed as provided for in s. 295.183.
27 (2) For the 2002-2003 fiscal year only, the department
28 may receive contributions from public bodies as defined in s.
29 1.01(8). Public bodies are authorized to appropriate funds, in
30 lump sum or otherwise, for the purpose of making contributions
31 to the trust fund. This subsection expires July 1, 2003.
20
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HB 29-E, First Engrossed
1 Section 17. In order to implement Section 21 of the
2 2002-2003 General Appropriations Act, subsection (4) of
3 section 561.121, Florida Statutes, as amended by section 4 of
4 chapter 2001-380, Laws of Florida, is amended to read:
5 561.121 Deposit of revenue.--
6 (4)(a) State funds collected pursuant to s. 561.501
7 shall be paid into the State Treasury and credited to the
8 following accounts:
9 1.(a) Twenty-seven and two-tenths percent of the
10 surcharge on the sale of alcoholic beverages for consumption
11 on premises shall be transferred to the Children and
12 Adolescents Substance Abuse Trust Fund, which shall remain
13 with the Department of Children and Family Services for the
14 purpose of funding programs directed at reducing and
15 eliminating substance abuse problems among children and
16 adolescents.
17 2.(b) The remainder of collections shall be credited
18 to the General Revenue Fund.
19 (b) For the 2002-2003 state fiscal year only, and
20 notwithstanding the provisions of subparagraph (a)1., moneys
21 in the Children and Adolescents Substance Abuse Trust Fund may
22 also be used for the purpose of funding programs directed at
23 reducing and eliminating substance abuse problems among
24 adults. This paragraph expires July 1, 2003.
25 (c) Notwithstanding paragraph (a), the Legislature may
26 authorize the Department of Children and Family Services to
27 transfer moneys in the Children and Adolescents Substance
28 Abuse Trust Fund to the Administrative Trust Fund, as provided
29 in Senate Bill 2-C. This paragraph expires July 1, 2002.
30 Section 18. In order to implement Specific
31 Appropriation 558 of the 2002-2003 General Appropriations Act,
21
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HB 29-E, First Engrossed
1 paragraph (k) of subsection (2) of section 381.0066, Florida
2 Statutes, is amended to read:
3 381.0066 Onsite sewage treatment and disposal systems;
4 fees.--
5 (2) The minimum fees in the following fee schedule
6 apply until changed by rule by the department within the
7 following limits:
8 (k) Research: An additional $5 fee shall be added to
9 each new system construction permit issued during fiscal years
10 1996-2003 1996-2002 to be used for onsite sewage treatment and
11 disposal system research, demonstration, and training
12 projects. Five dollars from any repair permit fee collected
13 under this section shall be used for funding the hands-on
14 training centers described in s. 381.0065(3)(j).
15
16 The funds collected pursuant to this subsection must be
17 deposited in a trust fund administered by the department, to
18 be used for the purposes stated in this section and ss.
19 381.0065 and 381.00655.
20 Section 19. Consistent with the provisions of s.
21 216.163, Florida Statutes, in accordance with
22 performance-based program budgeting requirements, and
23 notwithstanding the provisions of s. 216.181, Florida
24 Statutes, the Department of Law Enforcement may transfer up to
25 one-half of 1 percent of the funds in Specific Appropriations
26 1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of
27 the 2002-2003 General Appropriations Act for salary bonuses
28 for departmental employees at the discretion of the executive
29 director, provided that such bonuses are given only to
30 selected employees for meritorious performance, instead of
31 being given as across-the-board bonuses for all employees.
22
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HB 29-E, First Engrossed
1 The department, after consultation with the Executive Office
2 of the Governor, shall provide a plan to the chairs of the
3 legislative appropriations committees responsible for
4 producing the General Appropriations Act for review before
5 awarding such bonuses. This section expires July 1, 2003.
6 Section 20. In order to implement Specific
7 Appropriations 1195-1272 of the 2002-2003 General
8 Appropriations Act, subsection (17) of section 216.181,
9 Florida Statutes, is amended to read:
10 216.181 Approved budgets for operations and fixed
11 capital outlay.--
12 (17) Notwithstanding any other provision of this
13 section to the contrary, and for the 2002-2003 2001-2002
14 fiscal year only, the Department of Law Enforcement may
15 transfer up to 20 positions and associated budget between
16 budget entities, provided the same funding source is used
17 throughout each transfer. The department may also transfer up
18 to 10 percent of the initial approved salary rate between
19 budget entities, provided the same funding source is used
20 throughout each transfer. The department must provide notice
21 to the Executive Office of the Governor, the chair of the
22 Senate Budget Committee, and the chair of the House Committee
23 on Criminal Justice Appropriations for all transfers of
24 positions or salary rate. This subsection expires July 1, 2003
25 2002.
26 Section 21. In order to implement proviso language
27 following Specific Appropriation 1178 of the 2002-2003 General
28 Appropriations Act, the Correctional Privatization Commission
29 may expend appropriated funds to assist in defraying the costs
30 of impacts that are incurred by a municipality or county and
31 associated with opening or operating a facility under the
23
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HB 29-E, First Engrossed
1 authority of the Correctional Privatization Commission or a
2 facility under the authority of the Department of Juvenile
3 Justice which is located within that municipality or county.
4 The amount that is to be paid under this section for any
5 facility may not exceed 1 percent of the facility construction
6 cost, less building impact fees imposed by the municipality or
7 by the county if the facility is located in the unincorporated
8 portion of the county. This section expires July 1, 2003.
9 Section 22. In order to implement Specific
10 Appropriation 1291 of the 2002-2003 General Appropriations
11 Act, paragraph (b) of subsection (3) of section 16.555,
12 Florida Statutes, as created by section 8 of chapter 2001-380,
13 Laws of Florida, is amended to read:
14 16.555 Crime Stoppers Trust Fund; rulemaking.--
15 (3)
16 (b) For the 2002-2003 2001-2002 state fiscal year
17 only, and notwithstanding any provision of this section to the
18 contrary, moneys in the trust fund may also be used to pay for
19 salaries and benefits and other expenses of the department.
20 This paragraph expires July 1, 2003 2002.
21 Section 23. In order to implement Specific
22 Appropriations 1291 and 1322 of the 2002-2003 General
23 Appropriations Act, paragraph (b) of subsection (2) of section
24 860.158, Florida Statutes, as created by section 9 of chapter
25 2001-380, Laws of Florida, is amended to read:
26 860.158 Florida Motor Vehicle Theft Prevention Trust
27 Fund.--
28 (2)
29 (b) For the 2002-2003 2001-2002 fiscal year only, and
30 notwithstanding s. 320.08046, the use of funds allocated to
31 the Florida Motor Vehicle Theft Prevention Trust Fund may also
24
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HB 29-E, First Engrossed
1 be as provided in the General Appropriations Act Senate Bill
2 2-C. This paragraph expires July 1, 2003 2002.
3 Section 24. In order to implement Specific
4 Appropriations 1112-1194A of the 2002-2003 General
5 Appropriations Act, section 985.4075, Florida Statutes, is
6 amended to read:
7 985.4075 One-time startup funding for juvenile justice
8 purposes.--
9 (1) Funds from juvenile justice appropriations may be
10 utilized as one-time startup funding for juvenile justice
11 purposes that include, but are not limited to, remodeling or
12 renovation of existing facilities, construction costs, leasing
13 costs, purchase of equipment and furniture, site development,
14 and other necessary and reasonable costs associated with the
15 startup of facilities or programs.
16 (2) The department may not use appropriations made for
17 operations, pursuant to the provisions of this section, as
18 one-time startup funding for fixed capital outlay as defined
19 in s. 216.011. This subsection expires July 1, 2003.
20 Section 25. In order to implement Specific
21 Appropriation 1233 of the 2002-2003 General Appropriations
22 Act, paragraph (d) is added to subsection (4) of section
23 932.7055, Florida Statutes, to read:
24 932.7055 Disposition of liens and forfeited
25 property.--
26 (4)
27 (d) Notwithstanding any other provision of this
28 subsection, and for the 2002-2003 fiscal year only, the funds
29 in a special law enforcement trust fund established by the
30 governing body of a municipality may be expended to reimburse
31 the general fund of the municipality for moneys advanced from
25
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HB 29-E, First Engrossed
1 the general fund to the special law enforcement trust fund
2 prior to October 1, 2001. This paragraph expires July 1,
3 2003.
4 Section 26. In order to implement Specific
5 Appropriations 1760A, 1769, and 1798A of the 2002-2003 General
6 Appropriations Act, subsection (6) is added to section
7 375.041, Florida Statutes, to read:
8 375.041 Land Acquisition Trust Fund.--
9 (6) For the 2002-2003 fiscal year only, the use of
10 funds allocated to the Land Acquisition Trust Fund shall be as
11 provided in the General Appropriations Act. This subsection
12 expires July 1, 2003.
13 Section 27. If Council Substitute for House Bill 851,
14 Enrolled, 2002 Regular Session, does not become law, in order
15 to implement Specific Appropriations 1760A and 1769 of the
16 2002-2003 General Appropriations Act, paragraph (d) is added
17 to subsection (1) and paragraph (f) is added to subsection (3)
18 of section 403.709, Florida Statutes, to read:
19 403.709 Solid Waste Management Trust Fund; use of
20 waste tire fee moneys; waste tire site management.--
21 (1) There is created the Solid Waste Management Trust
22 Fund, to be administered by the department for the purposes
23 of:
24 (d) For the 2002-2003 fiscal year only, funding issues
25 provided in the General Appropriations Act. This paragraph
26 expires July 1, 2003.
27 (3) Moneys allocated to the fund from waste tire fees
28 shall be used:
29 (f) For the 2002-2003 fiscal year only, as provided in
30 the General Appropriations Act. This paragraph expires July
31 1, 2003.
26
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HB 29-E, First Engrossed
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
27
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HB 29-E, First Engrossed
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
28
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HB 29-E, First Engrossed
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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HB 29-E, First Engrossed
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
30
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HB 29-E, First Engrossed
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,
31
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HB 29-E, First Engrossed
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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HB 29-E, First Engrossed
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
31
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HB 29-E, First Engrossed
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
34
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HB 29-E, First Engrossed
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 2746 of the 2002-2003 General Appropriations Act
18 and other Specific Appropriations from the expense category as
19 defined in paragraph (n) of subsection (1) of section 216.011,
20 Florida Statutes, paragraph (b) of subsection (3) of section
21 255.25, Florida Statutes, is amended to read:
22 255.25 Approval required prior to construction or
23 lease of buildings.--
24 (3)
25 (b) 1. The Department of Management Services may
26 approve extensions of an existing lease of 5,000 square feet
27 or more of space if such extensions are determined to be in
28 the best interests of the state, but in no case shall the
29 total of such extensions exceed 11 months. If at the end of
30 the 11th month an agency still needs that space, it shall be
31 procured by competitive bid in accordance with s.
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HB 29-E, First Engrossed
1 255.249(4)(b). However, an agency that determines that it is
2 in its best interest to remain in the space it currently
3 occupies may negotiate a replacement lease with the lessor if
4 an independent comparative market analysis demonstrates that
5 the rates offered are within market rates for the space and
6 the cost of the new lease does not exceed the cost of a
7 comparable lease plus documented moving costs. A present-value
8 analysis and the consumer price index shall be used in the
9 calculation of lease costs. The term of the replacement lease
10 may not exceed the base term of the expiring lease.
11 2. For the 2002-2003 fiscal year only, and
12 notwithstanding the provisions of paragraph (2)(c), the
13 Department of Management Services may exempt the replacement
14 lease from Rule 60H-1.007, Florida Administrative Code, if,
15 upon complying with this paragraph, the cumulative cost of the
16 new lease is at least 10 percent less than the cost of a
17 comparable lease plus documented moving costs. This
18 subparagraph expires July 1, 2003.
19 Section 41. In order to implement Specific
20 Appropriation 2163 and Section 8 of the 2002-2003 General
21 Appropriations Act, and effective upon this act becoming a
22 law, section 110.2035, Florida Statutes, is amended to read:
23 110.2035 Classification and compensation program.--
24 (1) The Department of Management Services, in
25 consultation with the Executive Office of the Governor and the
26 Legislature, shall establish and maintain develop a
27 classification and compensation program addressing. This
28 program shall be developed for use by all state agencies and
29 shall address Career Service, Selected Exempt Service, and
30 Senior Management Service positions classes.
31 (2) The program shall consist of the following:
36
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HB 29-E, First Engrossed
1 (a) A position classification system using no more
2 than 38 50 occupational groups and up to a 6-class series
3 structure for each occupation within an occupational group.
4 Additional occupational groups may be established only by the
5 Executive Office of the Governor after consultation with the
6 Legislature.
7 (b) A pay plan that shall provide broad-based salary
8 ranges for each occupational group and shall consist of no
9 more than 25 pay bands.
10 (3) The following goals shall be considered in
11 designing and implementing and maintaining the program:
12 (a) The classification system must significantly
13 reduce the need to reclassify positions due to work assignment
14 and organizational changes by decreasing the number of
15 classification changes required.
16 (b) The classification system must establish
17 broad-based classes allowing flexibility in organizational
18 structure and must reduce the levels of supervisory classes.
19 (c) The classification system and pay plan must
20 emphasize pay administration and job-performance evaluation by
21 management rather than emphasize use of the classification
22 system to award salary increases.
23 (d) The pay administration system must contain
24 provisions to allow managers the flexibility to move employees
25 through the pay ranges and provide for salary increase
26 additives and lump-sum bonuses if authorized by the
27 Legislature.
28 (4) The classification system shall be structured such
29 that each confidential, managerial, and supervisory employee
30 shall be included in the Selected Exempt Service, in
31 accordance with part V of this chapter.
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1 (5) The Department of Management Services shall submit
2 the proposed design of the classification and compensation
3 program to the Executive Office of the Governor, the presiding
4 officers of the Legislature, and the appropriate legislative
5 fiscal and substantive standing committees on or before
6 December 1, 2001.
7 (5)(6) The department shall establish, by rule,
8 guidelines with respect to, and shall delegate to the
9 employing agencies, where appropriate, the authority to
10 administer the following:
11 (a) Shift differentials.
12 (b) On-call fees.
13 (c) Hazardous-duty pay.
14 (d) Advanced appointment rates.
15 (e) Salary increase and decrease corrections.
16 (f) Lead-worker pay.
17 (g) Temporary special duties pay.
18 (h) Trainer-additive pay.
19 (i) Competitive area differentials.
20 (j) Coordinator pay.
21 (k) Critical market pay.
22
23 The employing agency must use such pay additives as are
24 appropriate within the guidelines established by the
25 department and shall advise the department in writing of the
26 plan for implementing such pay additives prior to the
27 implementation date. Any action by an employing agency to
28 implement temporary special duties pay, competitive area
29 differentials, or critical market pay may be implemented only
30 after the department has reviewed and recommended such action;
31 however, an employing agency may use temporary special duties
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HB 29-E, First Engrossed
1 pay for up to 3 months without prior review by the department.
2 The department shall annually provide a summary report of the
3 pay additives implemented pursuant to this section.
4 (6) The department shall adopt any rules necessary to
5 implement the classification and compensation program to
6 include Career Service, Selected Exempt Service, and Senior
7 Management Service positions consistent with the plan
8 submitted to the Legislature on December 1, 2001; however, the
9 adopted plan shall include pay bandwidths of 150 percent for
10 each occupational group except the manager and executive
11 occupational groups. The department may adopt emergency rules
12 if necessary to implement this program by July 1, 2002.
13 Section 42. The amendment of section 110.2035, 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 43. In order to implement Section 8 of the
22 2002-2003 General Appropriations Act, subsection (7) of
23 section 110.12315, Florida Statutes, is amended to read:
24 110.12315 Prescription drug program.--The state
25 employees' prescription drug program is established. This
26 program shall be administered by the Department of Management
27 Services, according to the terms and conditions of the plan as
28 established by the relevant provisions of the annual General
29 Appropriations Act and implementing legislation, subject to
30 the following conditions:
31
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1 (7) Notwithstanding the provisions of subsections (1)
2 and (2), Under the state employees' prescription drug program
3 copayments must be made as follows:
4 (a) Effective January 1, 2001:
5 1. For generic drug with card......................$7.
6 2. For preferred brand name drug with card........$20.
7 3. For nonpreferred brand name drug with card.....$35.
8 4. For generic mail order drug.................$10.50.
9 5. For preferred brand name mail order drug.......$30.
10 6. For nonpreferred brand name drug............$52.50.
11 (b) The Department of Management Services shall create
12 a preferred brand name drug list to be used in the
13 administration of the state employees' prescription drug
14 program.
15
16 This subsection expires July 1, 2003 2002.
17 Section 44. In order to implement Section 8 of the
18 2002-2003 General Appropriations Act, section 110.1239,
19 Florida Statutes, is amended to read:
20 110.1239 State group health insurance program
21 funding.--For the 2002-2003 2001-2002 fiscal year only, it is
22 the intent of the Legislature that the state group health
23 insurance program be managed, administered, operated, and
24 funded in such a manner as to maximize the protection of state
25 employee health insurance benefits. Inherent in this intent is
26 the recognition that the health insurance liabilities
27 attributable to the benefits offered state employees should be
28 fairly, orderly, and equitably funded. Accordingly:
29 (1) The division shall determine the level of premiums
30 necessary to fully fund the state group health insurance
31 program for the next fiscal year. Such determination shall be
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HB 29-E, First Engrossed
1 made after each revenue estimating conference on health
2 insurance as provided in s. 216.136(1), but not later than
3 December 1 and April 1 of each fiscal year.
4 (2) The Governor, in the Governor's recommended
5 budget, shall provide premium rates necessary for full funding
6 of the state group health insurance program, and the
7 Legislature shall provide in the General Appropriations Act
8 for a premium level necessary for full funding of the state
9 group health insurance program.
10 (3) For purposes of funding, any additional
11 appropriation amounts allocated to the state group health
12 insurance program by the Legislature shall be considered as a
13 state contribution and thus an increase in the state premiums.
14 (4) This section expires July 1, 2003 2002.
15 Section 45. In order to implement Sections 2-7 of the
16 2002-2003 General Appropriations Act, paragraph (c) of
17 subsection (5) and paragraph (d) of subsection (6) of section
18 112.061, Florida Statutes, are amended to read:
19 112.061 Per diem and travel expenses of public
20 officers, employees, and authorized persons.--
21 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
22 purposes of reimbursement and methods of calculating
23 fractional days of travel, the following principles are
24 prescribed:
25 (c) For the 2002-2003 2001-2002 fiscal year only and
26 notwithstanding the other provisions of this subsection, for
27 Class C travel, a state traveler shall not be reimbursed on a
28 per diem basis nor shall a traveler receive subsistence
29 allowance. This paragraph expires July 1, 2003 2002.
30 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
31 purposes of reimbursement rates and methods of calculation,
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HB 29-E, First Engrossed
1 per diem and subsistence allowances are divided into the
2 following groups and rates:
3 (d) For the 2002-2003 2001-2002 fiscal year only and
4 notwithstanding the other provisions of this subsection, for
5 Class C travel, a state traveler shall not be reimbursed on a
6 per diem basis nor shall a traveler receive subsistence
7 allowance. This paragraph expires July 1, 2003 2002.
8 Section 46. If Committee Substitute for Senate Bills
9 1906 and 550, Enrolled, 2002 Regular Session, does not become
10 law, in order to implement Specific Appropriation 1498 of the
11 2002-2003 General Appropriations Act, paragraph (b) of
12 subsection (8) of section 163.3184, Florida Statutes, is
13 amended to read:
14 163.3184 Process for adoption of comprehensive plan or
15 plan amendment.--
16 (8) NOTICE OF INTENT.--
17 (b)1. During the time period provided for in this
18 subsection, the state land planning agency shall issue,
19 through a senior administrator or the secretary, as specified
20 in the agency's procedural rules, a notice of intent to find
21 that the plan or plan amendment is in compliance or not in
22 compliance. A notice of intent shall be issued by publication
23 in the manner provided by this paragraph and by mailing a copy
24 to the local government and to persons who request notice.
25 The required advertisement shall be no less than 2 columns
26 wide by 10 inches long, and the headline in the advertisement
27 shall be in a type no smaller than 12 point. The advertisement
28 shall not be placed in that portion of the newspaper where
29 legal notices and classified advertisements appear. The
30 advertisement shall be published in a newspaper which meets
31 the size and circulation requirements set forth in paragraph
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HB 29-E, First Engrossed
1 (15)(c) and which has been designated in writing by the
2 affected local government at the time of transmittal of the
3 amendment. Publication by the state land planning agency of a
4 notice of intent in the newspaper designated by the local
5 government shall be prima facie evidence of compliance with
6 the publication requirements of this section.
7 2. For fiscal year 2002-2003 2001-2002 only, the
8 provisions of this subparagraph shall supersede the provisions
9 of subparagraph 1. During the time period provided for in this
10 subsection, the state land planning agency shall issue,
11 through a senior administrator or the secretary, as specified
12 in the agency's procedural rules, a notice of intent to find
13 that the plan or plan amendment is in compliance or not in
14 compliance. A notice of intent shall be issued by publication
15 in the manner provided by this paragraph and by mailing a copy
16 to the local government. The advertisement shall be placed in
17 that portion of the newspaper where legal notices appear. The
18 advertisement shall be published in a newspaper that meets the
19 size and circulation requirements set forth in paragraph
20 (15)(c) and that has been designated in writing by the
21 affected local government at the time of transmittal of the
22 amendment. Publication by the state land planning agency of a
23 notice of intent in the newspaper designated by the local
24 government shall be prima facie evidence of compliance with
25 the publication requirements of this section. The state land
26 planning agency shall post a copy of the notice of intent on
27 the agency's Internet site. The agency shall, no later than
28 the date the notice of intent is transmitted to the newspaper,
29 send by regular mail a courtesy informational statement to
30 persons who provide their names and addresses to the local
31 government at the transmittal hearing or at the adoption
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HB 29-E, First Engrossed
1 hearing where the local government has provided the names and
2 addresses of such persons to the department at the time of
3 transmittal of the adopted amendment. The informational
4 statements shall include the name of the newspaper in which
5 the notice of intent will appear, the approximate date of
6 publication, the ordinance number of the plan or plan
7 amendment, and a statement that affected persons have 21 days
8 after the actual date of publication of the notice to file a
9 petition. This subparagraph expires July 1, 2003 2002.
10 Section 47. In order to implement Specific
11 Appropriations 1511 and 1523A of the 2002-2003 General
12 Appropriations Act, paragraph (b) of subsection (1) of section
13 252.373, Florida Statutes, is amended, and paragraph (c) is
14 added to said subsection, to read:
15 252.373 Allocation of funds; rules.--
16 (1)
17 (b) Notwithstanding the provisions of paragraph (a),
18 and for the 2002-2003 2001-2002 fiscal year only, up to $2.2
19 million of the unencumbered balance of the Emergency
20 Management, Preparedness, and Assistance Trust Fund shall be
21 utilized to improve, and increase the number of, disaster
22 shelters within the state and improve local disaster
23 preparedness. This paragraph expires on July 1, 2003 2002.
24 (c) Notwithstanding the provisions of paragraph (a),
25 and for the 2002-2003 fiscal year only, the Department of
26 Community Affairs shall conduct a review of funds available in
27 the Emergency Management, Preparedness, and Assistance Trust
28 Fund. By December 1, 2002, when actual receipts for the
29 2001-2002 fiscal year are determined, the Department of
30 Community Affairs may identify any funds that were unspent or
31 unencumbered in the 2001-2002 fiscal year that are not
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HB 29-E, First Engrossed
1 required to implement appropriations for the 2002-2003 fiscal
2 year from the Emergency Management, Preparedness, and
3 Assistance Trust Fund, and such funds may be transferred to
4 the Grants and Donations Trust Fund to be used for the state
5 portion of the match requirements for federally approved
6 Hazard Mitigation Grant Program projects. This paragraph
7 expires July 1, 2003.
8 Section 48. In order to implement Specific
9 Appropriation 2486 of the 2002-2003 General Appropriations
10 Act, subsection (11) is added to section 288.063, Florida
11 Statutes, to read:
12 288.063 Contracts for transportation projects.--
13 (11) In addition to the other provisions of this
14 section, projects that the Legislature deems necessary to
15 facilitate the economic development and growth of the state
16 may be designated and funded in the General Appropriations
17 Act. Such transportation projects create new employment
18 opportunities, expand transportation infrastructure, improve
19 mobility, or increase transportation innovation. The Office
20 of Tourism, Trade, and Economic Development shall enter into
21 contracts with, and make expenditures to, the appropriate
22 entities for the costs of transportation projects designated
23 in the General Appropriations Act. This subsection expires
24 July 1, 2003.
25 Section 49. In order to implement proviso language in
26 Specific Appropriation 2235 of the 2002-2003 General
27 Appropriations Act, section 402.3017, Florida Statutes, is
28 amended to read:
29 402.3017 Teacher Education and Compensation Helps
30 (TEACH) scholarship program.--
31
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HB 29-E, First Engrossed
1 (1) The Legislature finds that the level of early
2 child care teacher education and training is a key predictor
3 for determining program quality. The Legislature also finds
4 that low wages for child care workers prevent many from
5 obtaining increased training and education and contribute to
6 high turnover rates. The Legislature therefore intends to
7 help fund a program which links teacher training and education
8 to compensation and commitment to the field of early childhood
9 education.
10 (2) The Department of Children and Family Services is
11 authorized to contract for the administration of the Teacher
12 Education and Compensation Helps (TEACH) scholarship program,
13 which provides educational scholarships to caregivers and
14 administrators of early childhood programs, family day care
15 homes, and large family child care homes.
16 (3) The department shall adopt rules as necessary to
17 implement this section.
18 (4) For the 2002-2003 fiscal year only, the Agency for
19 Workforce Innovation shall administer this section. This
20 subsection expires July 1, 2003.
21 Section 50. In order to implement Specific
22 Appropriation 1574B of the 2002-2003 General Appropriations
23 Act, subsection (4) is added to section 125.35, Florida
24 Statutes, to read:
25 125.35 County authorized to sell real and personal
26 property and to lease real property.--
27 (4) For fiscal year 2002-2003 only, the board of
28 county commissioners is authorized to lease, under terms and
29 conditions negotiated by the board, a parcel of real property
30 of 5 acres or less that is located in an area designated as an
31
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HB 29-E, First Engrossed
1 empowerment zone under the Taxpayer Relief Act of 1997 for the
2 purpose of:
3 (a) Enhancement, promotion, or improvement of economic
4 activity or revitalization;
5 (b) Urban development or redevelopment;
6 (c) Tourism;
7 (d) Transportation; or
8 (e) Opportunities for gainful employment.
9
10 Such purposes are hereby found and declared to be public
11 purposes. This subsection expires July 1, 2003.
12 Section 51. In order to implement Specific
13 Appropriations 2161A and 2161G of the 2002-2003 General
14 Appropriations Act, subsection (5) is added to section
15 338.2216, Florida Statutes, as created by section 18 of
16 chapter 2002-20, Laws of Florida, to read:
17 338.2216 Florida Turnpike Enterprise; powers and
18 authority.--
19 (5) For the 2002-2003 fiscal year only, any toll
20 collector or laborer retained in a position temporarily
21 continued under the authority provided by proviso following
22 Specific Appropriations 2161A and 2161G of the 2002-2003
23 General Appropriations Act shall remain in the career service.
24 Section 52. In order to implement Specific
25 Appropriation 2075 of the 2002-2003 General Appropriations
26 Act, subsection (10) of section 339.12, Florida Statutes, as
27 created by section 83 of chapter 2002-20, Laws of Florida, is
28 amended to read:
29 339.12 Aid and contributions by governmental entities
30 for department projects; federal aid.--
31
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HB 29-E, First Engrossed
1 (10) Beginning with the 2003-2004 fiscal year, any
2 county with a population greater than 50,000 that levies the
3 full 6 cents of local option fuel tax pursuant to ss.
4 206.41(1)(e) and 206.87(1)(c), or that dedicates 35 percent or
5 more of its discretionary sales surtax, pursuant to s.
6 212.055, for improvements to the state transportation system
7 or to local projects directly upgrading the state
8 transportation system within the county's boundaries shall
9 receive preference for receipt of any transportation grant for
10 which the county applies. This subsection shall not apply to
11 loans or nonhighway grant programs.
12 Section 53. In order to implement Specific
13 Appropriation 2235 of the 2002-2003 General Appropriations
14 Act, subsection (13) is added to section 411.01, Florida
15 Statutes to read:
16 411.01 Florida Partnership for School Readiness;
17 school readiness coalitions.--
18 (13) Notwithstanding any other provision of this
19 section to the contrary, and for fiscal year 2002-2003 only,
20 the first children to be placed in the school readiness
21 program shall be those from families receiving temporary cash
22 assistance and subject to federal work requirements. As
23 appropriate placements become available for the school
24 readiness program, the next children to be placed shall be
25 those who are 4 years old and are from families that meet the
26 financial eligibility requirements of subsection (6).
27 Subsequent placements shall be pursuant to the provisions of
28 this section. This subsection expires July 1, 2003.
29 Section 54. In order to implement Specific
30 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
31 General Appropriations Act, section 215.20, Florida Statutes,
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HB 29-E, First Engrossed
1 as amended by section 2 of chapter 2002-46, Laws of Florida,
2 is amended to read:
3 (Substantial rewording of section. See
4 s. 215.20, F.S., for present text.)
5 215.20 Certain income and certain trust funds to
6 contribute to the General Revenue Fund.--
7 (1) A service charge of 7 percent, representing the
8 estimated pro rata share of the cost of general government
9 paid from the General Revenue Fund, is hereby appropriated
10 from all income of a revenue nature deposited in all trust
11 funds except those enumerated in s. 215.22. Income of a
12 revenue nature shall include all earnings received or credited
13 by such trust funds, including the interest or benefit
14 received from the investment of the principal of such trust
15 funds as may be permitted by law. This provision shall be
16 construed in favor of the General Revenue Fund in each
17 instance. All such appropriations shall be deposited in the
18 General Revenue Fund.
19 (2) Notwithstanding the provisions of subsection (1):
20 (a) The trust funds of the Department of Citrus and
21 the Department of Agriculture and Consumer Services, including
22 funds collected in the General Inspection Trust Fund for
23 marketing orders and in the Florida Citrus Advertising Trust
24 Fund, shall be subject to a 3-percent service charge, which is
25 hereby appropriated to the General Revenue Fund. This
26 paragraph does not apply to the Conservation and Recreation
27 Lands Program Trust Fund, the Florida Quarter Horse Racing
28 Promotion Trust Fund, the Citrus Inspection Trust Fund, the
29 Florida Forever Program Trust Fund, the Florida Preservation
30 2000 Trust Fund, the Market Improvements Working Capital Trust
31 Fund, the Pest Control Trust Fund, the Plant Industry Trust
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HB 29-E, First Engrossed
1 Fund, or other funds collected in the General Inspection Trust
2 Fund in the Department of Agriculture and Consumer Services.
3 (b) The Save the Manatee Trust Fund in the Fish and
4 Wildlife Conservation Commission shall be subject to a
5 3-percent service charge, which is hereby appropriated to the
6 General Revenue Fund.
7 (3) A service charge of 0.3 percent is hereby
8 appropriated from income of a revenue nature deposited in the
9 trust funds enumerated in subsection (4). Income of a revenue
10 nature shall include all earnings received or credited by such
11 trust funds, including the interest or benefit received from
12 the investment of the principal of such trust funds as may be
13 permitted by law. This provision shall be construed in favor
14 of the General Revenue Fund in each instance. All such
15 appropriations shall be deposited in the General Revenue Fund.
16 (4) The income of a revenue nature deposited in the
17 following described trust funds, by whatever name designated,
18 is that from which the appropriations authorized by subsection
19 (3) shall be made:
20 (a) Within the Agency for Health Care Administration:
21 1. The Florida Organ and Tissue Donor Education and
22 Procurement Trust Fund.
23 2. The Health Care Trust Fund.
24 3. The Resident Protection Trust Fund.
25 (b) Within the Agency for Workforce Innovation, the
26 Employment Security Administration Trust Fund.
27 (c) Within the Department of Agriculture and Consumer
28 Services:
29 1. The Conservation and Recreation Lands Program Trust
30 Fund.
31
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HB 29-E, First Engrossed
1 2. The Florida Quarter Horse Racing Promotion Trust
2 Fund.
3 3. The General Inspection Trust Fund and subsidiary
4 accounts thereof, unless a different percentage is authorized
5 by s. 570.20.
6 (d) Within the Department of Banking and Finance:
7 1. The Administrative Trust Fund.
8 2. The Anti-Fraud Trust Fund.
9 3. The Financial Institutions' Regulatory Trust Fund.
10 4. The Mortgage Brokerage Guaranty Fund.
11 5. The Regulatory Trust Fund.
12 (e) Within the Department of Business and Professional
13 Regulation:
14 1. The Administrative Trust Fund.
15 2. The Alcoholic Beverage and Tobacco Trust Fund.
16 3. The Cigarette Tax Collection Trust Fund.
17 4. The Division of Florida Land Sales, Condominiums,
18 and Mobile Homes Trust Fund.
19 5. The Hotel and Restaurant Trust Fund, with the
20 exception of those fees collected for the purpose of funding
21 of the hospitality education program as stated in s. 509.302.
22 6. The Professional Regulation Trust Fund.
23 7. The trust funds administered by the Division of
24 Pari-mutuel Wagering.
25 (f) Within the Department of Children and Family
26 Services:
27 1. The Administrative Trust Fund.
28 2. The Child Welfare Training Trust Fund.
29 3. The Children and Adolescents Substance Abuse Trust
30 Fund.
31 4. The Domestic Violence Trust Fund.
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HB 29-E, First Engrossed
1 5. The Grants and Donations Trust Fund.
2 6. The Operations and Maintenance Trust Fund.
3 (g) Within the Department of Citrus, the Florida
4 Citrus Advertising Trust Fund, including transfers from any
5 subsidiary accounts thereof, unless a different percentage is
6 authorized in s. 601.15(7).
7 (h) Within the Department of Community Affairs, the
8 Operating Trust Fund.
9 (i) Within the Department of Education:
10 1. The Educational Certification and Service Trust
11 Fund.
12 2. The Phosphate Research Trust Fund.
13 (j) Within the Department of Elderly Affairs:
14 1. The Administrative Trust Fund.
15 2. The Federal Grants Trust Fund.
16 3. The Grants and Donations Trust Fund.
17 4. The Operations and Maintenance Trust Fund.
18 (k) Within the Department of Environmental Protection:
19 1. The Administrative Trust Fund.
20 2. The Air Pollution Control Trust Fund.
21 3. The Conservation and Recreation Lands Trust Fund.
22 4. The Ecosystem Management and Restoration Trust
23 Fund.
24 5. The Environmental Laboratory Trust Fund.
25 6. The Florida Coastal Protection Trust Fund.
26 7. The Florida Permit Fee Trust Fund.
27 8. The Forfeited Property Trust Fund.
28 9. The Grants and Donations Trust Fund.
29 10. The Inland Protection Trust Fund.
30 11. The Internal Improvement Trust Fund.
31 12. The Land Acquisition Trust Fund.
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HB 29-E, First Engrossed
1 13. The Minerals Trust Fund.
2 14. The Nonmandatory Land Reclamation Trust Fund.
3 15. The State Park Trust Fund.
4 16. The Water Quality Assurance Trust Fund.
5 17. The Working Capital Trust Fund.
6 (l) Within the Department of Health:
7 1. The Administrative Trust Fund.
8 2. The Brain and Spinal Cord Injury Program Trust
9 Fund.
10 3. The Donations Trust Fund.
11 4. The Emergency Medical Services Trust Fund.
12 5. The Epilepsy Services Trust Fund.
13 6. The Florida Drug, Device, and Cosmetic Trust Fund.
14 7. The Grants and Donations Trust Fund.
15 8. The Medical Quality Assurance Trust Fund.
16 9. The Nursing Student Loan Forgiveness Trust Fund.
17 10. The Planning and Evaluation Trust Fund.
18 11. The Radiation Protection Trust Fund.
19 (m) Within the Department of Highway Safety and Motor
20 Vehicles, the DUI Programs Coordination Trust Fund.
21 (n) Within the Department of Insurance:
22 1. The Agents and Solicitors County Tax Trust Fund.
23 2. The Insurance Commissioner's Regulatory Trust Fund.
24 (o) Within the Department of Labor and Employment
25 Security or, if such department is terminated, within the
26 agency or department to which the named trust fund has been
27 transferred:
28 1. The Special Disability Trust Fund.
29 2. The Special Employment Security Administration
30 Trust Fund.
31
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HB 29-E, First Engrossed
1 3. The Workers' Compensation Administration Trust
2 Fund.
3 (p) Within the Department of Legal Affairs, the Crimes
4 Compensation Trust Fund.
5 (q) Within the Department of Management Services:
6 1. The Administrative Trust Fund.
7 2. The Architects Incidental Trust Fund.
8 3. The Bureau of Aircraft Trust Fund.
9 4. The Florida Facilities Pool Working Capital Trust
10 Fund.
11 5. The Grants and Donations Trust Fund.
12 6. The Motor Vehicle Operating Trust Fund.
13 7. The Police and Firefighters' Premium Tax Trust
14 Fund.
15 8. The Public Employees Relations Commission Trust
16 Fund.
17 9. The State Personnel System Trust Fund.
18 10. The Supervision Trust Fund.
19 11. The Working Capital Trust Fund.
20 (r) Within the Department of Revenue:
21 1. The Additional Court Cost Clearing Trust Fund.
22 2. The Administrative Trust Fund.
23 3. The Apalachicola Bay Oyster Surcharge Clearing
24 Trust Fund.
25 4. The Certification Program Trust Fund.
26 5. The Fuel Tax Collection Trust Fund.
27 6. The Land Reclamation Trust Fund.
28 7. The Local Alternative Fuel User Fee Clearing Trust
29 Fund.
30 8. The Local Option Fuel Tax Trust Fund.
31
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HB 29-E, First Engrossed
1 9. The Motor Vehicle Rental Surcharge Clearing Trust
2 Fund.
3 10. The Motor Vehicle Warranty Trust Fund.
4 11. The Oil and Gas Tax Trust Fund.
5 12. The Secondhand Dealer and Secondary Metals
6 Recycler Clearing Trust Fund.
7 13. The Severance Tax Solid Mineral Trust Fund.
8 14. The State Alternative Fuel User Fee Clearing Trust
9 Fund.
10 15. All taxes levied on motor fuels other than
11 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
12 (s) Within the Department of State:
13 1. The Division of Licensing Trust Fund.
14 2. The Records Management Trust Fund.
15 3. The trust funds administered by the Division of
16 Historical Resources.
17 (t) Within the Department of Transportation, all
18 income derived from outdoor advertising and overweight
19 violations which is deposited in the State Transportation
20 Trust Fund.
21 (u) Within the Department of Veterans' Affairs:
22 1. The Grants and Donations Trust Fund.
23 2. The Operations and Maintenance Trust Fund.
24 3. The State Homes for Veterans Trust Fund.
25 (v) Within the Division of Administrative Hearings,
26 the Administrative Trust Fund.
27 (w) Within the Fish and Wildlife Conservation
28 Commission:
29 1. The Conservation and Recreation Lands Program Trust
30 Fund.
31
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HB 29-E, First Engrossed
1 2. The Florida Panther Research and Management Trust
2 Fund.
3 3. The Land Acquisition Trust Fund.
4 4. The Marine Resources Conservation Trust Fund, with
5 the exception of those fees collected for recreational
6 saltwater fishing licenses as provided in s. 372.57.
7 (x) Within the Florida Public Service Commission, the
8 Florida Public Service Regulatory Trust Fund.
9 (y) Within the Justice Administrative Commission, the
10 Indigent Criminal Defense Trust Fund.
11
12 The enumeration of the foregoing moneys or trust funds shall
13 not prohibit the applicability thereto of s. 215.24 should the
14 Governor determine that for the reasons mentioned in s. 215.24
15 the money or trust funds should be exempt herefrom, as it is
16 the purpose of this law to exempt income from its force and
17 effect when, by the operation of this law, federal matching
18 funds or contributions or private grants to any trust fund
19 would be lost to the state.
20 (5) There is appropriated from the proper respective
21 trust funds from time to time such sums as may be necessary to
22 pay to the General Revenue Fund the service charges imposed by
23 this section.
24 Section 55. The amendment of section 215.20, Florida
25 Statutes, by this act shall expire on July 1, 2003, and the
26 text of that section shall revert to that in existence on June
27 30, 2002, except that any amendments to such text enacted
28 other than by this act shall be preserved and continue to
29 operate to the extent that such amendments are not dependent
30 upon the portions of such text which expire pursuant to the
31 provisions of this act.
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1 Section 56. In order to implement Specific
2 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
3 General Appropriations Act, subsection (1) of section 215.22,
4 Florida Statutes, is amended to read:
5 215.22 Certain income and certain trust funds
6 exempt.--
7 (1) The following income of a revenue nature or the
8 following trust funds shall be exempt from the appropriation
9 deduction required by s. 215.20(1):
10 (a) Student financial aid or prepaid tuition receipts.
11 (b) Trust funds administered by the Department of the
12 Lottery.
13 (c) Departmental administrative assessments for
14 administrative divisions.
15 (d) Funds charged by a state agency for services
16 provided to another state agency, by a state agency for
17 services provided to the judicial branch, or by the judicial
18 branch for services provided to a state agency.
19 (e) State, agency, or political subdivision
20 investments by the Treasurer.
21 (f) Retirement or employee benefit funds.
22 (g) Self-insurance programs administered by the
23 Treasurer.
24 (h) Funds held for the payment of citrus canker
25 eradication and compensation.
26 (i) Medicaid, Medicare, or third-party receipts for
27 client custodial care.
28 (j) Bond proceeds or revenues dedicated for bond
29 repayment, except for the Documentary Stamp Clearing Trust
30 Fund administered by the Department of Revenue.
31
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1 (k) Trust funds administered by the Department of
2 Education.
3 (l) Trust funds administered by the Department of
4 Transportation.
5 (m) The following trust funds administered by the
6 Department of Agriculture and Consumer Services:
7 1. The Citrus Inspection Trust Fund.
8 2. The Florida Forever Program Trust Fund.
9 3. The Florida Preservation 2000 Trust Fund.
10 4. The Market Improvements Working Capital Trust Fund.
11 5. The Pest Control Trust Fund.
12 6. The Plant Industry Trust Fund.
13 (n) The Motor Vehicle License Clearing Trust Fund.
14 (o) The Solid Waste Management Trust Fund.
15 (p) The Coconut Grove Playhouse Trust Fund.
16 (q) The Communications Working Capital Trust Fund of
17 the Department of Management Services.
18 (r) The Camp Blanding Management Trust Fund.
19 (s) The Indigent Criminal Defense Trust Fund.
20 (s)(t) That portion of the Highway Safety Operating
21 Trust Fund funded by the motorcycle safety education fee
22 collected pursuant to s. 320.08(1)(c).
23 (u) The Save the Manatee Trust Fund.
24 (t)(v) Tobacco Settlement Trust Funds administered by
25 any agency.
26 (u)(w) The Save Our Everglades Trust Fund.
27 Section 57. The amendment of subsection (1) of section
28 215.22, Florida Statutes, by this act shall expire on July 1,
29 2003, and the text of that subsection shall revert to that in
30 existence on June 30, 2002, except that any amendments to such
31 text enacted other than by this act shall be preserved and
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1 continue to operate to the extent that such amendments are not
2 dependent upon the portions of such text which expire pursuant
3 to the provisions of this act.
4 Section 58. In order to implement Specific
5 Appropriations 349, 1170, and 3119 of the 2002-2003 General
6 Appropriations Act, subsection (4) of section 18.10, Florida
7 Statutes, is amended to read:
8 18.10 Deposits and investments of state money.--
9 (4) All earnings on any investments made pursuant to
10 this section are hereby appropriated shall be credited to the
11 General Revenue Fund, except that earnings attributable to
12 moneys made available pursuant to s. 18.125(3)(a) and (b)
13 shall be credited pro rata to the funds from which such moneys
14 were made available.
15 Section 59. The amendment of subsection (4) of section
16 18.10, Florida Statutes, by this act shall expire on July 1,
17 2003, and the text of that subsection shall revert to that in
18 existence on June 30, 2002, except that any amendments to such
19 text enacted other than by this act shall be preserved and
20 continue to operate to the extent that such amendments are not
21 dependent upon the portions of such text which expire pursuant
22 to the provisions of this act.
23 Section 60. In order to implement Specific
24 Appropriations 349, 1170, and 3119 of the 2002-2003 General
25 Appropriations Act, subsection (3) of section 18.125, Florida
26 Statutes, is amended to read:
27 18.125 Treasurer; powers and duties in the investment
28 of certain funds.--
29 (3)(a) Except as otherwise provided in this
30 subsection, it is the duty of each state agency, and of the
31 judicial branch, now or hereafter charged with the
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1 administration of the funds referred to in subsection (1) to
2 make such moneys available for investment as fully as is
3 consistent with the cash requirements of the particular fund
4 and to authorize investment of such moneys by the Treasurer.
5 (b) Monthly, and more often as circumstances require,
6 such agency or judicial branch shall notify the Treasurer of
7 the amount available for investment; and the moneys shall be
8 invested by the Treasurer. Such notification shall include
9 the name and number of the fund for which the investments are
10 to be made and the life of the investment if the principal sum
11 is to be required for meeting obligations. This subsection,
12 however, shall not be construed to make available for
13 investment any funds other than those referred to in
14 subsection (1).
15 (c) Except as provided in this paragraph and except
16 for moneys described in paragraph (d), the following agencies
17 shall not invest trust fund moneys as provided in this
18 section, but shall retain such moneys in their respective
19 trust funds for investment, with interest appropriated to the
20 General Revenue Fund, pursuant to s. 18.10:
21 1. The Agency for Health Care Administration, except
22 for the Tobacco Settlement Trust Fund.
23 2. The Department of Children and Family Services,
24 except for:
25 a. The Alcohol, Drug Abuse, and Mental Health Trust
26 Fund.
27 b. The Community Resources Development Trust Fund.
28 c. The Refugee Assistance Trust Fund.
29 d. The Social Services Block Grant Trust Fund.
30 e. The Tobacco Settlement Trust Fund.
31 f. The Working Capital Trust Fund.
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1 3. The Department of Community Affairs, only for the
2 Operating Trust Fund.
3 4. The Department of Corrections.
4 5. The Department of Elderly Affairs, except for:
5 a. The Federal Grants Trust Fund.
6 b. The Tobacco Settlement Trust Fund.
7 6. The Department of Health, except for:
8 a. The Federal Grants Trust Fund.
9 b. The Grants and Donations Trust Fund.
10 c. The Maternal and Child Health Block Grant Trust
11 Fund.
12 d. The Tobacco Settlement Trust Fund.
13 7. The Department of Highway Safety and Motor
14 Vehicles, only for:
15 a. The DUI Programs Coordination Trust Fund.
16 b. The Security Deposits Trust Fund.
17 8. The Department of Juvenile Justice.
18 9. The Department of Labor and Employment Security,
19 only for the Administrative Trust Fund.
20 10. The Department of Law Enforcement.
21 11. The Department of Legal Affairs.
22 12. The Department of State, only for:
23 a. The Grants and Donations Trust Fund.
24 b. The Records Management Trust Fund.
25 13. The Executive Office of the Governor, only for:
26 a. The Economic Development Transportation Trust Fund.
27 b. The Economic Development Trust Fund.
28 14. The Florida Public Service Commission, only for
29 the Florida Public Service Regulatory Trust Fund.
30 15. The Justice Administrative Commission.
31 16. The state courts system.
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1 (d) Moneys in any trust funds of the agencies in
2 paragraph (c) may be invested pursuant to the provisions of
3 this section if:
4 1. Investment of such moneys and the retention of
5 interest is required by federal programs or mandates;
6 2. Investment of such moneys and the retention of
7 interest is required by bond covenants, indentures, or
8 resolutions;
9 3. Such moneys are held by the state in a trustee
10 capacity as an agent or fiduciary for individuals, private
11 organizations, or other governmental units; or
12 4. The Executive Office of the Governor determines,
13 after consultation with the Legislature pursuant to the
14 procedures of s. 216.177, that federal matching funds or
15 contributions or private grants to any trust fund would be
16 lost to the state.
17 Section 61. The amendment of subsection (3) of section
18 18.125, Florida Statutes, by this act shall expire on July 1,
19 2003, and the text of that subsection shall revert to that in
20 existence on June 30, 2002, except that any amendments to such
21 text enacted other than by this act shall be preserved and
22 continue to operate to the extent that such amendments are not
23 dependent upon the portions of such text which expire pursuant
24 to the provisions of this act.
25 Section 62. In order to implement Specific
26 Appropriation 3119 of the 2002-2003 General Appropriations
27 Act, paragraph (f) of subsection (2) of section 14.2015,
28 Florida Statutes, is amended to read:
29 14.2015 Office of Tourism, Trade, and Economic
30 Development; creation; powers and duties.--
31
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HB 29-E, First Engrossed
1 (2) The purpose of the Office of Tourism, Trade, and
2 Economic Development is to assist the Governor in working with
3 the Legislature, state agencies, business leaders, and
4 economic development professionals to formulate and implement
5 coherent and consistent policies and strategies designed to
6 provide economic opportunities for all Floridians. To
7 accomplish such purposes, the Office of Tourism, Trade, and
8 Economic Development shall:
9 (f)1. Administer the Florida Enterprise Zone Act under
10 ss. 290.001-290.016, the community contribution tax credit
11 program under ss. 220.183 and 624.5105, the tax refund program
12 for qualified target industry businesses under s. 288.106, the
13 tax-refund program for qualified defense contractors under s.
14 288.1045, contracts for transportation projects under s.
15 288.063, the sports franchise facility program under s.
16 288.1162, the professional golf hall of fame facility program
17 under s. 288.1168, the expedited permitting process under s.
18 403.973, the Rural Community Development Revolving Loan Fund
19 under s. 288.065, the Regional Rural Development Grants
20 Program under s. 288.018, the Certified Capital Company Act
21 under s. 288.99, the Florida State Rural Development Council,
22 the Rural Economic Development Initiative, and other programs
23 that are specifically assigned to the office by law, by the
24 appropriations process, or by the Governor. Notwithstanding
25 any other provisions of law, the office may expend interest
26 earned from the investment of program funds deposited in the
27 Economic Development Trust Fund, the Grants and Donations
28 Trust Fund and, the Brownfield Property Ownership Clearance
29 Assistance Revolving Loan Trust Fund, and the Economic
30 Development Transportation Trust Fund to contract for the
31 administration of the programs, or portions of the programs,
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HB 29-E, First Engrossed
1 enumerated in this paragraph or assigned to the office by law,
2 by the appropriations process, or by the Governor. Such
3 expenditures shall be subject to review under chapter 216.
4 2. The office may enter into contracts in connection
5 with the fulfillment of its duties concerning the Florida
6 First Business Bond Pool under chapter 159, tax incentives
7 under chapters 212 and 220, tax incentives under the Certified
8 Capital Company Act in chapter 288, foreign offices under
9 chapter 288, the Enterprise Zone program under chapter 290,
10 the Seaport Employment Training program under chapter 311, the
11 Florida Professional Sports Team License Plates under chapter
12 320, Spaceport Florida under chapter 331, Expedited Permitting
13 under chapter 403, and in carrying out other functions that
14 are specifically assigned to the office by law, by the
15 appropriations process, or by the Governor.
16 Section 63. The amendment of paragraph (f) of
17 subsection (2) of section 14.2015, Florida Statutes, by this
18 act shall expire on July 1, 2003, and the text of that
19 paragraph shall revert to that in existence on June 30, 2002,
20 except that any amendments to such text enacted other than by
21 this act shall be preserved and continue to operate to the
22 extent that such amendments are not dependent upon the
23 portions of such text which expire pursuant to the provisions
24 of this act.
25 Section 64. In order to implement Specific
26 Appropriation 349 of the 2002-2003 General Appropriations Act,
27 subsection (7) of section 240.4075, Florida Statutes, is
28 amended to read:
29 240.4075 Nursing Student Loan Forgiveness Program.--
30 (7)(a) Funds contained in the Nursing Student Loan
31 Forgiveness Trust Fund which are to be used for loan
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1 forgiveness for those nurses employed by hospitals, birth
2 centers, and nursing homes must be matched on a
3 dollar-for-dollar basis by contributions from the employing
4 institutions, except that this provision shall not apply to
5 state-operated medical and health care facilities, public
6 schools, county health departments, federally sponsored
7 community health centers, teaching hospitals as defined in s.
8 408.07, family practice teaching hospitals as defined in s.
9 395.805, or specialty hospitals for children as used in s.
10 409.9119. If in any given fiscal quarter there are
11 insufficient funds in the trust fund to grant all eligible
12 applicant requests, awards shall be based on the following
13 priority of employer: county health departments; federally
14 sponsored community health centers; state-operated medical and
15 health care facilities; public schools; teaching hospitals as
16 defined in s. 408.07; family practice teaching hospitals as
17 defined in s. 395.805; specialty hospitals for children as
18 used in s. 409.9119; and other hospitals, birth centers, and
19 nursing homes.
20 (b) All Nursing Student Loan Forgiveness Trust Fund
21 moneys shall be invested pursuant to s. 18.125. Interest
22 income accruing to that portion of the trust fund not matched
23 shall increase the total funds available for loan forgiveness
24 and scholarships. Pledged contributions shall not be eligible
25 for matching prior to the actual collection of the total
26 private contribution for the year.
27 Section 65. The amendment of subsection (7) of section
28 240.4075, Florida Statutes, by this act shall expire on July
29 1, 2003, and the text of that subsection shall revert to that
30 in existence on June 30, 2002, except that any amendments to
31 such text enacted other than by this act shall be preserved
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1 and continue to operate to the extent that such amendments are
2 not dependent upon the portions of such text which expire
3 pursuant to the provisions of this act.
4 Section 66. In order to implement Specific
5 Appropriation 349 of the 2002-2003 General Appropriations Act,
6 subsection (3) of section 385.207, Florida Statutes, is
7 amended to read:
8 385.207 Care and assistance of persons with epilepsy;
9 establishment of programs in epilepsy control.--
10 (3) Revenue for statewide implementation of programs
11 for epilepsy prevention and education pursuant to this section
12 shall be derived pursuant to the provisions of s. 318.21(6)
13 and shall be deposited in the Epilepsy Services Trust Fund,
14 which is hereby established to be administered by the
15 Department of Health. All funds deposited into the trust fund
16 shall be invested pursuant to the provisions of s. 18.125.
17 Interest income accruing to such invested funds shall increase
18 the total funds available under this subsection.
19 Section 67. The amendment of subsection (3) of section
20 385.207, Florida Statutes, by this act shall expire on July 1,
21 2003, and the text of that subsection shall revert to that in
22 existence on June 30, 2002, except that any amendments to such
23 text enacted other than by this act shall be preserved and
24 continue to operate to the extent that such amendments are not
25 dependent upon the portions of such text which expire pursuant
26 to the provisions of this act.
27 Section 68. In order to implement Specific
28 Appropriation 1170 of the 2002-2003 General Appropriations
29 Act, subsection (1) of section 860.158, Florida Statutes, is
30 amended to read:
31
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1 860.158 Florida Motor Vehicle Theft Prevention Trust
2 Fund.--
3 (1) There is hereby established within the Department
4 of Legal Affairs the Florida Motor Vehicle Theft Prevention
5 Trust Fund, which shall be administered by the executive
6 director of the authority at the direction of the board. All
7 interest earned from the investment or deposit of moneys
8 accumulated in the trust fund shall be deposited in the trust
9 fund. The trust fund shall be funded from the surcharge
10 collected under s. 320.08046.
11 Section 69. The amendment of subsection (1) of section
12 860.158, Florida Statutes, by this act shall expire on July 1,
13 2003, and the text of that subsection shall revert to that in
14 existence on June 30, 2002, except that any amendments to such
15 text enacted other than by this act shall be preserved and
16 continue to operate to the extent that such amendments are not
17 dependent upon the portions of such text which expire pursuant
18 to the provisions of this act.
19 Section 70. In order to implement Specific
20 Appropriation 1170 of the 2002-2003 General Appropriations
21 Act, subsection (1) of section 938.01, Florida Statutes, as
22 amended by section 18 of chapter 2002-55, Laws of Florida, is
23 amended to read:
24 938.01 Additional Court Cost Clearing Trust Fund.--
25 (1) All courts created by Art. V of the State
26 Constitution shall, in addition to any fine or other penalty,
27 assess $3 as a court cost against every person convicted for
28 violation of a state penal or criminal statute or convicted
29 for violation of a municipal or county ordinance. Any person
30 whose adjudication is withheld pursuant to the provisions of
31 s. 318.14(9) or (10) shall also be assessed such cost. In
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1 addition, $3 from every bond estreature or forfeited bail bond
2 related to such penal statutes or penal ordinances shall be
3 remitted to the Department of Revenue as described in this
4 subsection. However, no such assessment may be made against
5 any person convicted for violation of any state statute,
6 municipal ordinance, or county ordinance relating to the
7 parking of vehicles.
8 (a) All costs collected by the courts pursuant to this
9 subsection shall be remitted to the Department of Revenue in
10 accordance with administrative rules adopted by the executive
11 director of the Department of Revenue for deposit in the
12 Additional Court Cost Clearing Trust Fund. These funds and the
13 funds deposited in the Additional Court Cost Clearing Trust
14 Fund pursuant to s. 318.21(2)(c) shall be distributed as
15 follows:
16 1. Ninety-two percent to the Department of Law
17 Enforcement Criminal Justice Standards and Training Trust
18 Fund.
19 2. Six and three-tenths percent to the Department of
20 Law Enforcement Operating Trust Fund for the Criminal Justice
21 Grant Program.
22 3. One and seven-tenths percent to the Department of
23 Children and Family Services Domestic Violence Trust Fund for
24 the domestic violence program pursuant to s. 39.903(3).
25 (b) The funds deposited in the Department of Law
26 Enforcement Criminal Justice Standards and Training Trust
27 Fund, the Department of Law Enforcement Operating Trust Fund,
28 and the Department of Children and Family Services Domestic
29 Violence Trust Fund may be invested. Any interest earned from
30 investing such funds and any unencumbered funds remaining at
31
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1 the end of the budget cycle shall remain in the respective
2 trust fund.
3 (b)(c) All funds in the Department of Law Enforcement
4 Criminal Justice Standards and Training Trust Fund shall be
5 disbursed only in compliance with s. 943.25(9).
6 Section 71. The amendment of subsection (1) of section
7 938.01, 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 72. A section of this act that implements a
15 specific appropriation or specifically identified proviso
16 language in the 2002-2003 General Appropriations Act is void
17 if the specific appropriation or specifically identified
18 proviso language is vetoed. A section of this act that
19 implements more than one specific appropriation or more than
20 one portion of specifically identified proviso language in the
21 2002-2003 General Appropriations Act is void if all the
22 specific appropriations or portions of specifically identified
23 proviso language are vetoed.
24 Section 73. If any other act passed in 2002 contains a
25 provision that is substantively the same as a provision in
26 this act, but that removes or is otherwise not subject to the
27 future repeal applied to such provision by this act, the
28 Legislature intends that the provision in the other act shall
29 take precedence and shall continue to operate, notwithstanding
30 the future repeal provided by this act.
31
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1 Section 74. The agency performance measures and
2 standards in the document entitled "Florida's Budget 2002
3 Agency Performance Measures and Standards Approved by the
4 Legislature for Fiscal Year 2002-03" dated April 29, 2002, and
5 filed with the Clerk of the House of Representatives are
6 incorporated by reference. Such performance measures and
7 standards are directly linked to the appropriations made in
8 the General Appropriations Act for fiscal year 2002-2003, as
9 required by the Government Performance and Accountability Act
10 of 1994. State agencies are directed to revise their
11 long-range program plans required under section 216.013,
12 Florida Statutes, to be consistent with these performance
13 measures and standards.
14 Section 75. If any provision of this act or its
15 application to any person or circumstance is held invalid, the
16 invalidity shall not affect other provisions or applications
17 of the act which can be given effect without the invalid
18 provision or application, and to this end the provisions of
19 this act are declared severable.
20 Section 76. Except as otherwise provided in this act,
21 this act shall take effect July 1, 2002; or, in the event this
22 act fails to become a law until after that date, it shall take
23 effect upon becoming a law and shall operate retroactively to
24 July 1, 2002.
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27
28
29
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