Senate Bill sb0004E
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Florida Senate - 2002 SB 4-E
By the Committee on Appropriations
309-2375C-02
1 A bill to be entitled
2 An act implementing the 2002-2003 General
3 Appropriations Act; prescribing powers and
4 duties of the Secretary of Education with
5 respect to reorganizing the Department of
6 Education; requiring the Department of
7 Education to maximize federal indirect cost
8 allowed on federal grants; requiring
9 appropriation for expenditure of funds received
10 from indirect cost allowance; repealing s.
11 229.8065, F.S., relating to expenditures for
12 the Knott Data Center and projects, contracts,
13 and grant programs; amending s. 229.085, F.S.;
14 removing an exemption for personnel employed by
15 projects funded by contracts and grants;
16 providing legislative intent; amending s.
17 240.35, F.S.; increasing the percentage of
18 funds from the financial aid fee to be used for
19 need-based financial aid; revising provisions
20 relating to an annual report; providing
21 accounting requirements for the state
22 universities for the 2002-2003 fiscal year;
23 amending s. 216.292, F.S.; authorizing the
24 Department of Children and Family Services to
25 transfer funding between certain services;
26 amending s. 215.20, F.S.; appropriating the
27 service charges on certain income and trust
28 funds to the General Revenue Fund; amending s.
29 215.22, F.S.; exempting certain income and
30 trust funds from such appropriation; amending
31 s. 18.10, F.S.; appropriating certain
1
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1 investment earnings to the General Revenue
2 Fund; amending s. 18.125, F.S.; revising
3 investment requirements for certain trust
4 funds; amending ss. 14.2015, 240.4075, 385.207,
5 860.158, and 938.01, F.S., to conform;
6 providing for future repeal or expiration of
7 various provisions; amending s. 295.182, F.S.;
8 authorizing contributions to the Florida World
9 War II Veterans Memorial Matching Trust Fund
10 from public bodies; amending s. 216.262, F.S.;
11 providing for additional positions to operate
12 additional prison bed capacity under certain
13 circumstances; authorizing the Correctional
14 Privatization Commission to make certain
15 expenditures to defray costs incurred by a
16 municipality or county as a result of opening
17 or operating a facility under the authority of
18 the commission or the Department of Juvenile
19 Justice; amending s. 16.555, F.S.; authorizing
20 use of moneys in the Crime Stoppers Trust Fund
21 to pay for salaries and benefits and other
22 expenses of the Department of Legal Affairs;
23 amending s. 860.158, F.S.; providing directives
24 for the use of moneys in the Florida Motor
25 Vehicle Theft Prevention Trust Fund; amending
26 s. 25.402, F.S.; revising uses of the County
27 Article V Trust Fund; amending s. 581.1845,
28 F.S.; revising eligibility for compensation
29 under the citrus canker eradication program;
30 prescribing the amount of compensation for
31 trees taken in canker eradication programs;
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1 amending s. 252.373, F.S.; providing for use of
2 the Emergency Management, Preparedness, and
3 Assistance Trust Fund; amending s. 163.3184,
4 F.S.; prescribing standards for the state land
5 planning agency to use when issuing notice of
6 intent; amending s. 375.041, F.S.; providing
7 for use of moneys in the Land Acquisition Trust
8 Fund; amending s. 403.709, F.S.; providing for
9 use of moneys in the Solid Waste Management
10 Trust Fund; amending s. 403.7095, F.S.;
11 prescribing conditions on solid waste
12 management and recycling grants; amending s.
13 339.12, F.S.; delaying an effective date;
14 amending s. 338.2216, F.S.; providing that
15 certain positions under the Florida Turnpike
16 Enterprise remain in the Career Service System;
17 amending s. 287.161, F.S.; amending s.
18 402.3017, F.S.; providing for administration of
19 the Teacher Education and Compensation Helps
20 scholarship program; amending s. 489.118, F.S.;
21 providing for issuance of certification to
22 certain applicant contractors upon successful
23 completion of an oral examination; authorizing
24 the Department of Business and Professional
25 Regulation to transfer positions and resources;
26 providing for the organization of the Division
27 of Florida Land Sales, Condominiums, and Mobile
28 Homes and the Division of Alcoholic Beverages
29 and Tobacco; prohibiting the transfer of
30 certain funds without prior authorization of
31 the Legislature; requiring the Department of
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1 Management Services to charge all persons
2 receiving transportation from the executive
3 aircraft pool a specified rate; amending s.
4 110.1239, F.S.; providing requirements for the
5 funding of the state group health insurance
6 program; amending s. 110.12315, F.S.; providing
7 copayment requirements for the state employees'
8 prescription drug program; amending s. 443.036,
9 F.S.; providing a definition and an application
10 of an alternative base period for unemployment
11 compensation; providing requirements and
12 limitations; requiring employers to respond to
13 requests for information by the Agency for
14 Workforce Innovation; providing a penalty for
15 failure to respond; providing for adjustments
16 in determinations of monetary eligibility;
17 providing effect of veto of specific
18 appropriation or proviso to which implementing
19 language refers; incorporating by reference
20 specified performance measures and standards
21 directly linked to the appropriations made in
22 the 2002-2003 General Appropriations Act, as
23 required by the Government Performance and
24 Accountability Act of 1994; limiting
25 expenditures for noncommercial sustained
26 announcements and public-service announcements;
27 providing for construction of laws enacted at
28 the 2002 Regular Session in relation to this
29 act; providing effective dates.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. It is the intent of the Legislature that
2 the implementing and administering provisions of this act
3 apply to the General Appropriations Act for fiscal year
4 2002-2003.
5 Section 2. In order to implement Specific
6 Appropriations 1-187 of the 2002-2003 General Appropriations
7 Act, the Secretary of Education, in consultation with the
8 Commissioner of Education, may establish, abolish, or
9 consolidate bureaus, sections, and subsections and reallocate
10 duties and functions within the Department of Education in
11 order to promote the effective and efficient operation of the
12 department and to implement changes to the state system of
13 education initiated by the adoption of the 1998 amendment to
14 Article IX of the State Constitution as implemented by the
15 Legislature in chapter 2001-170, Laws of Florida. Authorized
16 positions and appropriations may be transferred from one
17 budget entity to another as required to implement the
18 reorganization. The secretary may not establish, abolish, or
19 consolidate bureaus, sections, or subsections after December
20 31, 2002, unless such action is approved by the Legislative
21 Budget Commission. The secretary shall provide a report on the
22 reorganization to the President of the Senate, the Speaker of
23 the House of Representatives, the minority leaders of the
24 Senate and the House of Representatives, and the chairs of the
25 education appropriations committees of the Legislature by
26 January 1, 2003. This section expires July 1, 2003.
27 Section 3. Effective upon this act becoming a law, in
28 order to implement section 2 of the 2002-2003 General
29 Appropriations Act, sections 29 and 30 of chapter 2001-170,
30 Laws of Florida, are amended to read:
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1 Section 29. Effective July 1, 2003, the Department of
2 Education shall maximize the available federal indirect cost
3 allowed on all federal grants. Beginning with the 2003-2004
4 2002-2003 fiscal year, none of the funds received from
5 indirect cost allowance shall be expended by the department
6 without specific appropriation by the Legislature. Funds
7 received pursuant to s. 240.241, Florida Statutes, are
8 specifically exempt from this provision.
9 Section 30. Effective July 1, 2003 June 30, 2002,
10 section 229.8065, Florida Statutes, is repealed.
11 Section 4. Effective upon this act becoming a law, in
12 order to implement section 2 of the 2002-2003 General
13 Appropriations Act, notwithstanding section 229.085(2),
14 Florida Statutes, or any other law, the employment of
15 personnel to execute the terms of grants or contracts for
16 specific projects under the Department of Education's
17 Projects, Contracts, and Grants Trust Fund, or any successor
18 fund to that fund, is not subject to the requirements of
19 section 216.262(1)(a), Florida Statutes. This section expires
20 July 1, 2003.
21 Section 5. In order to implement Specific
22 Appropriation 161 of the 2002-2003 General Appropriations Act,
23 notwithstanding paragraph 240.35(11)(c), Florida Statutes, or
24 any other law, a minimum of 75 percent of the balance of the
25 funds for new awards under that paragraph or its successor
26 shall be used to provide financial aid based on absolute need,
27 and the remainder of the funds shall be used for academic
28 merit purposes and other purposes approved by the district
29 boards of trustees. This section expires July 1, 2003.
30
31
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1 Section 6. In order to implement Specific
2 Appropriations 166A-181 of the 2002-2003 General
3 Appropriations Act:
4 (1) Universities in the State University System shall
5 utilize the state accounting system (FLAIR) for fiscal year
6 2002-2003 but are not required to provide funds to the
7 Department of Banking and Finance for its utilization.
8 (2) Notwithstanding the provisions of sections
9 216.181, 216.292, and 240.2094, Florida Statutes, or any other
10 law, and pursuant to section 216.351, Florida Statutes, funds
11 appropriated or reappropriated to the state universities in
12 the 2002-2003 General Appropriations Act, or any other act
13 passed by the 2002 Legislature containing appropriations,
14 shall be distributed to each university according to the
15 2002-2003 fiscal year operating budget approved by the
16 university board of trustees. Each university board of
17 trustees shall have authority to amend the operating budget as
18 circumstances warrant. The operating budget may utilize
19 traditional appropriation categories or it may consolidate the
20 appropriations into a special category appropriation account.
21 The Comptroller or Chief Financial Officer, upon the request
22 of the university board of trustees, shall record by journal
23 transfer the distribution of the appropriated funds and
24 releases according to the approved operating budget to the
25 appropriation accounts established for disbursement purposes
26 for each university within the state accounting system
27 (FLAIR).
28 (3) Notwithstanding the provisions of sections
29 216.181, 216.292, 240.241, and 240.277, Florida Statutes, or
30 any other law, and pursuant to section 216.351, Florida
31 Statutes, each university board of trustees shall include in
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1 an approved operating budget the revenue in trust funds
2 supported by student and other fees as well as the trust funds
3 within the Contract, Grants, and Donations, Auxiliary
4 Enterprises, and Sponsored Research budget entities. The
5 university board of trustees shall have the authority to amend
6 the operating budget as circumstances warrant. The operating
7 budget may utilize traditional appropriation categories or it
8 may consolidate the trust fund spending authority into a
9 special category appropriation account. The Comptroller or
10 Chief Financial Officer, upon the request of the university
11 board of trustees, shall record the distribution of the trust
12 fund spending authority and releases according to the approved
13 operating budget to the appropriation accounts established for
14 disbursement purposes for each university within the state
15 accounting system (FLAIR).
16 (4) This section expires July 1, 2003.
17 Section 7. In order to implement Specific
18 Appropriations 303-338 of the 2002-2003 General Appropriations
19 Act, subsection (12) of section 216.292, Florida Statutes, is
20 amended to read:
21 216.292 Appropriations nontransferable; exceptions.--
22 (12) For the 2002-2003 2001-2002 fiscal year only and
23 notwithstanding the other provisions of this section, the
24 Department of Children and Family Services may transfer funds
25 within the family safety program identified in the General
26 Appropriations Act from identical funding sources between the
27 following appropriation categories without limitation as long
28 as such a transfer does not result in an increase to the total
29 recurring general revenue or trust fund cost of the agency in
30 the subsequent fiscal year: adoption services and subsidy;
31 family foster care; and emergency shelter care. Such transfers
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1 must be consistent with legislative policy and intent and must
2 not adversely affect achievement of approved performance
3 outcomes or outputs in the family safety program. Notice of
4 proposed transfers under this authority must be provided to
5 the Executive Office of the Governor and the chairs of the
6 legislative appropriations committees at least 5 working days
7 before their implementation. This subsection expires July 1,
8 2003 2002.
9 Section 8. In order to implement Specific
10 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
11 General Appropriations Act, section 215.20, Florida Statutes,
12 as amended by section 2 of chapter 2002-46, Laws of Florida,
13 is amended to read:
14 (Substantial rewording of section. See
15 s. 215.20, F.S., for present text.)
16 215.20 Certain income and certain trust funds to
17 contribute to the General Revenue Fund.--
18 (1) A service charge of 7 percent, representing the
19 estimated pro rata share of the cost of general government
20 paid from the General Revenue Fund, is appropriated from all
21 income of a revenue nature deposited in all trust funds except
22 those enumerated in s. 215.22. Income of a revenue nature
23 shall include all earnings received or credited by such trust
24 funds, including the interest or benefit received from the
25 investment of the principal of such trust funds as may be
26 permitted by law. This provision shall be construed in favor
27 of the General Revenue Fund in each instance. All such
28 appropriations shall be deposited in the General Revenue Fund.
29 (2) Notwithstanding the provisions of subsection (1):
30 (a) The trust funds of the Department of Citrus and
31 the Department of Agriculture and Consumer Services, including
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1 funds collected in the General Inspection Trust Fund for
2 marketing orders and in the Florida Citrus Advertising Trust
3 Fund, shall be subject to a 3-percent service charge, which is
4 hereby appropriated to the General Revenue Fund. This
5 paragraph does not apply to the Conservation and Recreation
6 Lands Program Trust Fund, the Florida Quarter Horse Racing
7 Promotion Trust Fund, the Citrus Inspection Trust Fund, the
8 Florida Forever Program Trust Fund, the Florida Preservation
9 2000 Trust Fund, the Market Improvements Working Capital Trust
10 Fund, the Pest Control Trust Fund, the Plant Industry Trust
11 Fund, or other funds collected in the General Inspection Trust
12 Fund in the Department of Agriculture and Consumer Services.
13 (b) The Save the Manatee Trust Fund in the Fish and
14 Wildlife Conservation Commission shall be subject to a
15 3-percent service charge, which is appropriated to the General
16 Revenue Fund.
17 (3) A service charge of 0.3 percent is appropriated
18 from income of a revenue nature deposited in the trust funds
19 enumerated in subsection (4). Income of a revenue nature shall
20 include all earnings received or credited by such trust funds,
21 including the interest or benefit received from the investment
22 of the principal of such trust funds as may be permitted by
23 law. This provision shall be construed in favor of the
24 General Revenue Fund in each instance. All such
25 appropriations shall be deposited in the General Revenue Fund.
26 (4) The income of a revenue nature deposited in the
27 following described trust funds, by whatever name designated,
28 is that from which the appropriations authorized by subsection
29 (3) shall be made:
30 (a) Within the Agency for Health Care Administration:
31
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1 1. The Florida Organ and Tissue Donor Education and
2 Procurement Trust Fund.
3 2. The Health Care Trust Fund.
4 3. The Resident Protection Trust Fund.
5 (b) Within the Agency for Workforce Innovation, the
6 Employment Security Administration Trust Fund.
7 (c) Within the Department of Agriculture and Consumer
8 Services:
9 1. The Conservation and Recreation Lands Program Trust
10 Fund.
11 2. The Florida Quarter Horse Racing Promotion Trust
12 Fund.
13 3. The General Inspection Trust Fund and subsidiary
14 accounts thereof, unless a different percentage is authorized
15 by s. 570.20.
16 (d) Within the Department of Banking and Finance:
17 1. The Administrative Trust Fund.
18 2. The Anti-Fraud Trust Fund.
19 3. The Financial Institutions' Regulatory Trust Fund.
20 4. The Mortgage Brokerage Guaranty Fund.
21 5. The Regulatory Trust Fund.
22 (e) Within the Department of Business and Professional
23 Regulation:
24 1. The Administrative Trust Fund.
25 2. The Alcoholic Beverage and Tobacco Trust Fund.
26 3. The Cigarette Tax Collection Trust Fund.
27 4. The Division of Florida Land Sales, Condominiums,
28 and Mobile Homes Trust Fund.
29 5. The Hotel and Restaurant Trust Fund, with the
30 exception of those fees collected for the purpose of funding
31 of the hospitality education program as stated in s. 509.302.
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1 6. The Professional Regulation Trust Fund.
2 7. The trust funds administered by the Division of
3 Pari-mutuel Wagering.
4 (f) Within the Department of Children and Family
5 Services:
6 1. The Administrative Trust Fund.
7 2. The Child Welfare Training Trust Fund.
8 3. The Children and Adolescents Substance Abuse Trust
9 Fund.
10 4. The Domestic Violence Trust Fund.
11 5. The Grants and Donations Trust Fund.
12 6. The Operations and Maintenance Trust Fund.
13 (g) Within the Department of Citrus, the Florida
14 Citrus Advertising Trust Fund, including transfers from any
15 subsidiary accounts thereof, unless a different percentage is
16 authorized in s. 601.15(7).
17 (h) Within the Department of Community Affairs, the
18 Operating Trust Fund.
19 (i) Within the Department of Education:
20 1. The Educational Certification and Service Trust
21 Fund.
22 2. The Phosphate Research Trust Fund.
23 (j) Within the Department of Elderly Affairs:
24 1. The Administrative Trust Fund.
25 2. The Federal Grants Trust Fund.
26 3. The Grants and Donations Trust Fund.
27 4. The Operations and Maintenance Trust Fund.
28 (k) Within the Department of Environmental Protection:
29 1. The Administrative Trust Fund.
30 2. The Air Pollution Control Trust Fund.
31 3. The Conservation and Recreation Lands Trust Fund.
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1 4. The Ecosystem Management and Restoration Trust
2 Fund.
3 5. The Environmental Laboratory Trust Fund.
4 6. The Florida Coastal Protection Trust Fund.
5 7. The Florida Permit Fee Trust Fund.
6 8. The Forfeited Property Trust Fund.
7 9. The Grants and Donations Trust Fund.
8 10. The Inland Protection Trust Fund.
9 11. The Internal Improvement Trust Fund.
10 12. The Land Acquisition Trust Fund.
11 13. The Minerals Trust Fund.
12 14. The Nonmandatory Land Reclamation Trust Fund.
13 15. The State Park Trust Fund.
14 16. The Water Quality Assurance Trust Fund.
15 17. The Working Capital Trust Fund.
16 (l) Within the Department of Health:
17 1. The Administrative Trust Fund.
18 2. The Brain and Spinal Cord Injury Program Trust
19 Fund.
20 3. The Donations Trust Fund.
21 4. The Emergency Medical Services Trust Fund.
22 5. The Epilepsy Services Trust Fund.
23 6. The Florida Drug, Device, and Cosmetic Trust Fund.
24 7. The Grants and Donations Trust Fund.
25 8. The Medical Quality Assurance Trust Fund.
26 9. The Nursing Student Loan Forgiveness Trust Fund.
27 10. The Planning and Evaluation Trust Fund.
28 11. The Radiation Protection Trust Fund.
29 (m) Within the Department of Highway Safety and Motor
30 Vehicles, the DUI Programs Coordination Trust Fund.
31 (n) Within the Department of Insurance:
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1 1. The Agents and Solicitors County Tax Trust Fund.
2 2. The Insurance Commissioner's Regulatory Trust Fund.
3 (o) Within the Department of Labor and Employment
4 Security or, if such department is terminated, within the
5 agency or department to which the named trust fund has been
6 transferred:
7 1. The Special Disability Trust Fund.
8 2. The Special Employment Security Administration
9 Trust Fund.
10 3. The Workers' Compensation Administration Trust
11 Fund.
12 (p) Within the Department of Legal Affairs, the Crimes
13 Compensation Trust Fund.
14 (q) Within the Department of Management Services:
15 1. The Administrative Trust Fund.
16 2. The Architects Incidental Trust Fund.
17 3. The Bureau of Aircraft Trust Fund.
18 4. The Florida Facilities Pool Working Capital Trust
19 Fund.
20 5. The Grants and Donations Trust Fund.
21 6. The Motor Vehicle Operating Trust Fund.
22 7. The Police and Firefighters' Premium Tax Trust
23 Fund.
24 8. The Public Employees Relations Commission Trust
25 Fund.
26 9. The State Personnel System Trust Fund.
27 10. The Supervision Trust Fund.
28 11. The Working Capital Trust Fund.
29 (r) Within the Department of Revenue:
30 1. The Additional Court Cost Clearing Trust Fund.
31 2. The Administrative Trust Fund.
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1 3. The Apalachicola Bay Oyster Surcharge Clearing
2 Trust Fund.
3 4. The Certification Program Trust Fund.
4 5. The Fuel Tax Collection Trust Fund.
5 6. The Land Reclamation Trust Fund.
6 7. The Local Alternative Fuel User Fee Clearing Trust
7 Fund.
8 8. The Local Option Fuel Tax Trust Fund.
9 9. The Motor Vehicle Rental Surcharge Clearing Trust
10 Fund.
11 10. The Motor Vehicle Warranty Trust Fund.
12 11. The Oil and Gas Tax Trust Fund.
13 12. The Secondhand Dealer and Secondary Metals
14 Recycler Clearing Trust Fund.
15 13. The Severance Tax Solid Mineral Trust Fund.
16 14. The State Alternative Fuel User Fee Clearing Trust
17 Fund.
18 15. All taxes levied on motor fuels other than
19 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
20 (s) Within the Department of State:
21 1. The Division of Licensing Trust Fund.
22 2. The Records Management Trust Fund.
23 3. The trust funds administered by the Division of
24 Historical Resources.
25 (t) Within the Department of Transportation, all
26 income derived from outdoor advertising and overweight
27 violations which is deposited in the State Transportation
28 Trust Fund.
29 (u) Within the Department of Veterans' Affairs:
30 1. The Grants and Donations Trust Fund.
31 2. The Operations and Maintenance Trust Fund.
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1 3. The State Homes for Veterans Trust Fund.
2 (v) Within the Division of Administrative Hearings,
3 the Administrative Trust Fund.
4 (w) Within the Fish and Wildlife Conservation
5 Commission:
6 1. The Conservation and Recreation Lands Program Trust
7 Fund.
8 2. The Florida Panther Research and Management Trust
9 Fund.
10 3. The Land Acquisition Trust Fund.
11 4. The Marine Resources Conservation Trust Fund, with
12 the exception of those fees collected for recreational
13 saltwater fishing licenses as provided in s. 372.57.
14 (x) Within the Florida Public Service Commission, the
15 Florida Public Service Regulatory Trust Fund.
16 (y) Within the Justice Administrative Commission, the
17 Indigent Criminal Defense Trust Fund.
18
19 The enumeration of the foregoing moneys or trust funds shall
20 not prohibit the applicability thereto of s. 215.24 should the
21 Governor determine that for the reasons mentioned in s. 215.24
22 the money or trust funds should be exempt herefrom, as it is
23 the purpose of this law to exempt income from its force and
24 effect when, by the operation of this law, federal matching
25 funds or contributions or private grants to any trust fund
26 would be lost to the state.
27 (5) There is appropriated from the proper respective
28 trust funds from time to time such sums as may be necessary to
29 pay to the General Revenue Fund the service charges imposed by
30 this section.
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1 Section 9. The amendment of section 215.20, Florida
2 Statutes, by this act shall expire on July 1, 2003, and the
3 text of that section shall revert to that in existence on June
4 30, 2002, except that any amendments to such text enacted
5 other than by this act shall be preserved and continue to
6 operate to the extent that such amendments are not dependent
7 upon the portions of such text which expire pursuant to the
8 provisions of this act.
9 Section 10. In order to implement Specific
10 Appropriations 349, 1170, 2877, and 3119 of the 2002-2003
11 General Appropriations Act, subsection (1) of section 215.22,
12 Florida Statutes, is amended to read:
13 215.22 Certain income and certain trust funds
14 exempt.--
15 (1) The following income of a revenue nature or the
16 following trust funds shall be exempt from the appropriation
17 deduction required by s. 215.20(1):
18 (a) Student financial aid or prepaid tuition receipts.
19 (b) Trust funds administered by the Department of the
20 Lottery.
21 (c) Departmental administrative assessments for
22 administrative divisions.
23 (d) Funds charged by a state agency for services
24 provided to another state agency, by a state agency for
25 services provided to the judicial branch, or by the judicial
26 branch for services provided to a state agency.
27 (e) State, agency, or political subdivision
28 investments by the Treasurer.
29 (f) Retirement or employee benefit funds.
30 (g) Self-insurance programs administered by the
31 Treasurer.
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1 (h) Funds held for the payment of citrus canker
2 eradication and compensation.
3 (i) Medicaid, Medicare, or third-party receipts for
4 client custodial care.
5 (j) Bond proceeds or revenues dedicated for bond
6 repayment, except for the Documentary Stamp Clearing Trust
7 Fund administered by the Department of Revenue.
8 (k) Trust funds administered by the Department of
9 Education.
10 (l) Trust funds administered by the Department of
11 Transportation.
12 (m) The following trust funds administered by the
13 Department of Agriculture and Consumer Services:
14 1. The Citrus Inspection Trust Fund.
15 2. The Florida Forever Program Trust Fund.
16 3. The Florida Preservation 2000 Trust Fund.
17 4. The Market Improvements Working Capital Trust Fund.
18 5. The Pest Control Trust Fund.
19 6. The Plant Industry Trust Fund.
20 (n) The Motor Vehicle License Clearing Trust Fund.
21 (o) The Solid Waste Management Trust Fund.
22 (p) The Coconut Grove Playhouse Trust Fund.
23 (q) The Communications Working Capital Trust Fund of
24 the Department of Management Services.
25 (r) The Camp Blanding Management Trust Fund.
26 (s) The Indigent Criminal Defense Trust Fund.
27 (t) That portion of the Highway Safety Operating Trust
28 Fund funded by the motorcycle safety education fee collected
29 pursuant to s. 320.08(1)(c).
30 (u) The Save the Manatee Trust Fund.
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1 (u)(v) Tobacco Settlement Trust Funds administered by
2 any agency.
3 (v)(w) The Save Our Everglades Trust Fund.
4 Section 11. The amendment of subsection (1) of section
5 215.22, Florida Statutes, by this act shall expire on July 1,
6 2003, and the text of that subsection shall revert to that in
7 existence on June 30, 2002, except that any amendments to such
8 text enacted other than by this act shall be preserved and
9 continue to operate to the extent that such amendments are not
10 dependent upon the portions of such text which expire pursuant
11 to the provisions of this act.
12 Section 12. In order to implement Specific
13 Appropriations 349, 1170, and 3119 of the 2002-2003 General
14 Appropriations Act, subsection (4) of section 18.10, Florida
15 Statutes, is amended to read:
16 18.10 Deposits and investments of state money.--
17 (4) All earnings on any investments made pursuant to
18 this section are appropriated shall be credited to the General
19 Revenue Fund, except that earnings attributable to moneys made
20 available pursuant to s. 18.125(3)(a) and (b) shall be
21 credited pro rata to the funds from which such moneys were
22 made available.
23 Section 13. The amendment of subsection (4) of section
24 18.10, Florida Statutes, by this act shall expire on July 1,
25 2003, and the text of that subsection shall revert to that in
26 existence on June 30, 2002, except that any amendments to such
27 text enacted other than by this act shall be preserved and
28 continue to operate to the extent that such amendments are not
29 dependent upon the portions of such text which expire pursuant
30 to the provisions of this act.
31
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1 Section 14. In order to implement Specific
2 Appropriations 349, 1170, and 3119 of the 2002-2003 General
3 Appropriations Act, subsection (3) of section 18.125, Florida
4 Statutes, is amended to read:
5 18.125 Treasurer; powers and duties in the investment
6 of certain funds.--
7 (3)(a) Except as otherwise provided in this
8 subsection, it is the duty of each state agency, and of the
9 judicial branch, now or hereafter charged with the
10 administration of the funds referred to in subsection (1) to
11 make such moneys available for investment as fully as is
12 consistent with the cash requirements of the particular fund
13 and to authorize investment of such moneys by the Treasurer.
14 (b) Monthly, and more often as circumstances require,
15 such agency or judicial branch shall notify the Treasurer of
16 the amount available for investment; and the moneys shall be
17 invested by the Treasurer. Such notification shall include
18 the name and number of the fund for which the investments are
19 to be made and the life of the investment if the principal sum
20 is to be required for meeting obligations. This subsection,
21 however, shall not be construed to make available for
22 investment any funds other than those referred to in
23 subsection (1).
24 (c) Except as provided in this paragraph and except
25 for moneys described in paragraph (d), the following agencies
26 shall not invest trust fund moneys as provided in this
27 section, but shall retain such moneys in their respective
28 trust funds for investment, with interest appropriated to the
29 General Revenue Fund, pursuant to s. 18.10:
30 1. The Agency for Health Care Administration, except
31 for the Tobacco Settlement Trust Fund.
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1 2. The Department of Children and Family Services,
2 except for:
3 a. The Alcohol, Drug Abuse, and Mental Health Trust
4 Fund.
5 b. The Community Resources Development Trust Fund.
6 c. The Refugee Assistance Trust Fund.
7 d. The Social Services Block Grant Trust Fund.
8 e. The Tobacco Settlement Trust Fund.
9 f. The Working Capital Trust Fund.
10 3. The Department of Community Affairs, only for the
11 Operating Trust Fund.
12 4. The Department of Corrections.
13 5. The Department of Elderly Affairs, except for:
14 a. The Federal Grants Trust Fund.
15 b. The Tobacco Settlement Trust Fund.
16 6. The Department of Health, except for:
17 a. The Federal Grants Trust Fund.
18 b. The Grants and Donations Trust Fund.
19 c. The Maternal and Child Health Block Grant Trust
20 Fund.
21 d. The Tobacco Settlement Trust Fund.
22 7. The Department of Highway Safety and Motor
23 Vehicles, only for:
24 a. The DUI Programs Coordination Trust Fund.
25 b. The Security Deposits Trust Fund.
26 8. The Department of Juvenile Justice.
27 9. The Department of Labor and Employment Security,
28 only for the Administrative Trust Fund.
29 10. The Department of Law Enforcement.
30 11. The Department of Legal Affairs.
31 12. The Department of State, only for:
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1 a. The Grants and Donations Trust Fund.
2 b. The Records Management Trust Fund.
3 13. The Executive Office of the Governor, only for:
4 a. The Economic Development Transportation Trust Fund.
5 b. The Economic Development Trust Fund.
6 14. The Florida Public Service Commission, only for
7 the Florida Public Service Regulatory Trust Fund.
8 15. The Justice Administrative Commission.
9 16. The state courts system.
10 (d) Moneys in any trust funds of the agencies in
11 paragraph (c) may be invested pursuant to the provisions of
12 this section if:
13 1. Investment of such moneys and the retention of
14 interest is required by federal programs or mandates;
15 2. Investment of such moneys and the retention of
16 interest is required by bond covenants, indentures, or
17 resolutions;
18 3. Such moneys are held by the state in a trustee
19 capacity as an agent or fiduciary for individuals, private
20 organizations, or other governmental units; or
21 4. The Executive Office of the Governor determines,
22 after consultation with the Legislature pursuant to the
23 procedures of s. 216.177, that federal matching funds or
24 contributions or private grants to any trust fund would be
25 lost to the state.
26 Section 15. The amendment of subsection (3) of section
27 18.125, Florida Statutes, by this act shall expire on July 1,
28 2003, and the text of that subsection shall revert to that in
29 existence on June 30, 2002, except that any amendments to such
30 text enacted other than by this act shall be preserved and
31 continue to operate to the extent that such amendments are not
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1 dependent upon the portions of such text which expire pursuant
2 to the provisions of this act.
3 Section 16. In order to implement Specific
4 Appropriation 3119 of the 2002-2003 General Appropriations
5 Act, paragraph (f) of subsection (2) of section 14.2015,
6 Florida Statutes, is amended to read:
7 14.2015 Office of Tourism, Trade, and Economic
8 Development; creation; powers and duties.--
9 (2) The purpose of the Office of Tourism, Trade, and
10 Economic Development is to assist the Governor in working with
11 the Legislature, state agencies, business leaders, and
12 economic development professionals to formulate and implement
13 coherent and consistent policies and strategies designed to
14 provide economic opportunities for all Floridians. To
15 accomplish such purposes, the Office of Tourism, Trade, and
16 Economic Development shall:
17 (f)1. Administer the Florida Enterprise Zone Act under
18 ss. 290.001-290.016, the community contribution tax credit
19 program under ss. 220.183 and 624.5105, the tax refund program
20 for qualified target industry businesses under s. 288.106, the
21 tax-refund program for qualified defense contractors under s.
22 288.1045, contracts for transportation projects under s.
23 288.063, the sports franchise facility program under s.
24 288.1162, the professional golf hall of fame facility program
25 under s. 288.1168, the expedited permitting process under s.
26 403.973, the Rural Community Development Revolving Loan Fund
27 under s. 288.065, the Regional Rural Development Grants
28 Program under s. 288.018, the Certified Capital Company Act
29 under s. 288.99, the Florida State Rural Development Council,
30 the Rural Economic Development Initiative, and other programs
31 that are specifically assigned to the office by law, by the
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1 appropriations process, or by the Governor. Notwithstanding
2 any other provisions of law, the office may expend interest
3 earned from the investment of program funds deposited in the
4 Economic Development Trust Fund, the Grants and Donations
5 Trust Fund and, the Brownfield Property Ownership Clearance
6 Assistance Revolving Loan Trust Fund, and the Economic
7 Development Transportation Trust Fund to contract for the
8 administration of the programs, or portions of the programs,
9 enumerated in this paragraph or assigned to the office by law,
10 by the appropriations process, or by the Governor. Such
11 expenditures shall be subject to review under chapter 216.
12 2. The office may enter into contracts in connection
13 with the fulfillment of its duties concerning the Florida
14 First Business Bond Pool under chapter 159, tax incentives
15 under chapters 212 and 220, tax incentives under the Certified
16 Capital Company Act in chapter 288, foreign offices under
17 chapter 288, the Enterprise Zone program under chapter 290,
18 the Seaport Employment Training program under chapter 311, the
19 Florida Professional Sports Team License Plates under chapter
20 320, Spaceport Florida under chapter 331, Expedited Permitting
21 under chapter 403, and in carrying out other functions that
22 are specifically assigned to the office by law, by the
23 appropriations process, or by the Governor.
24 Section 17. The amendment of paragraph (f) of
25 subsection (2) of section 14.2015, Florida Statutes, by this
26 act shall expire on July 1, 2003, and the text of that
27 paragraph shall revert to that in existence on June 30, 2002,
28 except that any amendments to such text enacted other than by
29 this act shall be preserved and continue to operate to the
30 extent that such amendments are not dependent upon the
31
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1 portions of such text which expire pursuant to the provisions
2 of this act.
3 Section 18. In order to implement Specific
4 Appropriation 349 of the 2002-2003 General Appropriations Act,
5 subsection (7) of section 240.4075, Florida Statutes, is
6 amended to read:
7 240.4075 Nursing Student Loan Forgiveness Program.--
8 (7)(a) Funds contained in the Nursing Student Loan
9 Forgiveness Trust Fund which are to be used for loan
10 forgiveness for those nurses employed by hospitals, birth
11 centers, and nursing homes must be matched on a
12 dollar-for-dollar basis by contributions from the employing
13 institutions, except that this provision shall not apply to
14 state-operated medical and health care facilities, public
15 schools, county health departments, federally sponsored
16 community health centers, teaching hospitals as defined in s.
17 408.07, family practice teaching hospitals as defined in s.
18 395.805, or specialty hospitals for children as used in s.
19 409.9119. If in any given fiscal quarter there are
20 insufficient funds in the trust fund to grant all eligible
21 applicant requests, awards shall be based on the following
22 priority of employer: county health departments; federally
23 sponsored community health centers; state-operated medical and
24 health care facilities; public schools; teaching hospitals as
25 defined in s. 408.07; family practice teaching hospitals as
26 defined in s. 395.805; specialty hospitals for children as
27 used in s. 409.9119; and other hospitals, birth centers, and
28 nursing homes.
29 (b) All Nursing Student Loan Forgiveness Trust Fund
30 moneys shall be invested pursuant to s. 18.125. Interest
31 income accruing to that portion of the trust fund not matched
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1 shall increase the total funds available for loan forgiveness
2 and scholarships. Pledged contributions shall not be eligible
3 for matching prior to the actual collection of the total
4 private contribution for the year.
5 Section 19. The amendment of subsection (7) of section
6 240.4075, Florida Statutes, by this act shall expire on July
7 1, 2003, and the text of that subsection shall revert to that
8 in existence on June 30, 2002, except that any amendments to
9 such text enacted other than by this act shall be preserved
10 and continue to operate to the extent that such amendments are
11 not dependent upon the portions of such text which expire
12 pursuant to the provisions of this act.
13 Section 20. In order to implement Specific
14 Appropriation 349 of the 2002-2003 General Appropriations Act,
15 subsection (3) of section 385.207, Florida Statutes, is
16 amended to read:
17 385.207 Care and assistance of persons with epilepsy;
18 establishment of programs in epilepsy control.--
19 (3) Revenue for statewide implementation of programs
20 for epilepsy prevention and education pursuant to this section
21 shall be derived pursuant to the provisions of s. 318.21(6)
22 and shall be deposited in the Epilepsy Services Trust Fund,
23 which is hereby established to be administered by the
24 Department of Health. All funds deposited into the trust fund
25 shall be invested pursuant to the provisions of s. 18.125.
26 Interest income accruing to such invested funds shall increase
27 the total funds available under this subsection.
28 Section 21. The amendment of subsection (3) of section
29 385.207, Florida Statutes, by this act shall expire on July 1,
30 2003, and the text of that subsection shall revert to that in
31 existence on June 30, 2002, except that any amendments to such
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1 text enacted other than by this act shall be preserved and
2 continue to operate to the extent that such amendments are not
3 dependent upon the portions of such text which expire pursuant
4 to the provisions of this act.
5 Section 22. In order to implement Specific
6 Appropriation 1170 of the 2002-2003 General Appropriations
7 Act, subsection (1) of section 860.158, Florida Statutes, is
8 amended to read:
9 860.158 Florida Motor Vehicle Theft Prevention Trust
10 Fund.--
11 (1) There is hereby established within the Department
12 of Legal Affairs the Florida Motor Vehicle Theft Prevention
13 Trust Fund, which shall be administered by the executive
14 director of the authority at the direction of the board. All
15 interest earned from the investment or deposit of moneys
16 accumulated in the trust fund shall be deposited in the trust
17 fund. The trust fund shall be funded from the surcharge
18 collected under s. 320.08046.
19 Section 23. The amendment of subsection (1) of section
20 860.158, 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 24. In order to implement Specific
28 Appropriation 1170 of the 2002-2003 General Appropriations
29 Act, subsection (1) of section 938.01, Florida Statutes, as
30 amended by section 18 of chapter 2002-55, Laws of Florida, is
31 amended to read:
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1 938.01 Additional Court Cost Clearing Trust Fund.--
2 (1) All courts created by Art. V of the State
3 Constitution shall, in addition to any fine or other penalty,
4 assess $3 as a court cost against every person convicted for
5 violation of a state penal or criminal statute or convicted
6 for violation of a municipal or county ordinance. Any person
7 whose adjudication is withheld pursuant to the provisions of
8 s. 318.14(9) or (10) shall also be assessed such cost. In
9 addition, $3 from every bond estreature or forfeited bail bond
10 related to such penal statutes or penal ordinances shall be
11 remitted to the Department of Revenue as described in this
12 subsection. However, no such assessment may be made against
13 any person convicted for violation of any state statute,
14 municipal ordinance, or county ordinance relating to the
15 parking of vehicles.
16 (a) All costs collected by the courts pursuant to this
17 subsection shall be remitted to the Department of Revenue in
18 accordance with administrative rules adopted by the executive
19 director of the Department of Revenue for deposit in the
20 Additional Court Cost Clearing Trust Fund. These funds and the
21 funds deposited in the Additional Court Cost Clearing Trust
22 Fund pursuant to s. 318.21(2)(c) shall be distributed as
23 follows:
24 1. Ninety-two percent to the Department of Law
25 Enforcement Criminal Justice Standards and Training Trust
26 Fund.
27 2. Six and three-tenths percent to the Department of
28 Law Enforcement Operating Trust Fund for the Criminal Justice
29 Grant Program.
30
31
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1 3. One and seven-tenths percent to the Department of
2 Children and Family Services Domestic Violence Trust Fund for
3 the domestic violence program pursuant to s. 39.903(3).
4 (b) The funds deposited in the Department of Law
5 Enforcement Criminal Justice Standards and Training Trust
6 Fund, the Department of Law Enforcement Operating Trust Fund,
7 and the Department of Children and Family Services Domestic
8 Violence Trust Fund may be invested. Any interest earned from
9 investing such funds and any unencumbered funds remaining at
10 the end of the budget cycle shall remain in the respective
11 trust fund.
12 (b)(c) All funds in the Department of Law Enforcement
13 Criminal Justice Standards and Training Trust Fund shall be
14 disbursed only in compliance with s. 943.25(9).
15 Section 25. The amendment of subsection (1) of section
16 938.01, 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 26. In order to implement Specific
24 Appropriation 672 of the 2002-2003 General Appropriations Act,
25 section 295.182, Florida Statutes, is amended to read:
26 295.182 Florida World War II Veterans Memorial
27 Matching Trust Fund; contributions; use.--
28 (1) The Florida World War II Veterans Memorial
29 Matching Trust Fund, if created by law, within the Department
30 of Veterans' Affairs shall receive private contributions and
31 matching state funds specifically appropriated by the
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1 Legislature for the purpose of matching private donations
2 deposited into the trust fund to build a Florida World War II
3 Veterans Memorial as provided by this act. The department is
4 authorized to use moneys in the trust fund, if created by law,
5 in a manner which will generate increased funding for the
6 Florida World War II Veterans Memorial. Contributions to the
7 Florida World War II Veterans Memorial Matching Trust Fund
8 must be returned to those entities or individuals contributing
9 to the trust fund if the Florida World War II Veterans
10 Memorial is not constructed as provided for in s. 295.183.
11 (2) For the 2002-2003 fiscal year only, the department
12 may receive contributions from public bodies as defined in s.
13 1.01(8). Public bodies are authorized to appropriate funds, in
14 lump sum or otherwise, for the purpose of making contributions
15 to the trust fund. This subsection expires July 1, 2003.
16 Section 27. In order to implement Specific
17 Appropriations 691-806 and 843-857 of the 2002-2003 General
18 Appropriations Act, subsection (4) of section 216.262, Florida
19 Statutes, is amended to read:
20 216.262 Authorized positions.--
21 (4) Notwithstanding the provisions of this chapter on
22 increasing the number of authorized positions, and for the
23 2002-2003 2001-2002 fiscal year only,:
24 (a) if the actual inmate population of the Department
25 of Corrections exceeds by 2 percent for 2 consecutive months
26 or more the inmate population projected by the most recent
27 Criminal Justice Estimating Conference on February 16, 2001,
28 the Executive Office of the Governor may request positions in
29 excess of the number authorized by the Legislature and
30 sufficient funding from the Working Capital Fund to operate
31 the additional prison bed capacity necessary to accommodate
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1 the actual inmate population. This subsection expires July 1,
2 2003.
3 (b) If, by October 1, 2001, a contract with a private
4 vendor or vendors for the delivery of health care services at
5 institutions located in Department of Corrections Region IV
6 has not been executed, up to 97 positions in excess of the
7 number authorized and appropriate salary rate may be approved,
8 provided that sufficient funds are available to pay salaries
9 and benefits. If a contract for the provision of health care
10 services in the Department of Corrections Region IV is
11 subsequently executed, the Executive Office of the Governor
12 shall place these positions and associated salary rate into
13 reserve.
14 (c) In order to implement a Close Management
15 Consolidation Plan in the Department of Corrections, positions
16 in excess of the number authorized and appropriate salary rate
17 may be approved provided that the Secretary of Corrections
18 certifies that there are no vacant positions that may be used
19 for this purpose.
20
21 Such requests are subject to the budget amendment and
22 consultation provisions of this chapter. This subsection
23 expires July 1, 2002.
24 Section 28. In order to implement proviso language
25 following Specific Appropriation 1178 of the 2002-2003 General
26 Appropriations Act, the Correctional Privatization Commission
27 may expend appropriated funds to assist in defraying the costs
28 of impacts which are incurred by a municipality or county and
29 associated with opening or operating a facility under the
30 authority of the Correctional Privatization Commission or a
31 facility under the authority of the Department of Juvenile
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1 Justice which is located within that municipality or county.
2 The amount that is to be paid under this section for any
3 facility may not exceed 1 percent of the facility construction
4 cost, less building impact fees imposed by the municipality or
5 by the county if the facility is located in the unincorporated
6 portion of the county. This section expires July 1, 2003.
7 Section 29. In order to implement Specific
8 Appropriation 1291 of the 2002-2003 General Appropriations
9 Act, paragraph (b) of subsection (3) of section 16.555,
10 Florida Statutes, as created by section 8 of chapter 2001-380,
11 Laws of Florida, is amended to read:
12 16.555 Crime Stoppers Trust Fund; rulemaking.--
13 (3)
14 (b) For the 2002-2003 2001-2002 state fiscal year
15 only, and notwithstanding any provision of this section to the
16 contrary, moneys in the trust fund may also be used to pay for
17 salaries and benefits and other expenses of the department.
18 This paragraph expires July 1, 2003 2002.
19 Section 30. In order to implement Specific
20 Appropriations 1291 and 1322 of the 2002-2003 General
21 Appropriations Act, paragraph (b) of subsection (2) of section
22 860.158, Florida Statutes, as created by section 9 of chapter
23 2001-380, Laws of Florida, is amended to read:
24 860.158 Florida Motor Vehicle Theft Prevention Trust
25 Fund.--
26 (2)
27 (b) For the 2002-2003 2001-2002 fiscal year only, and
28 notwithstanding s. 320.08046, the use of funds allocated to
29 the Florida Motor Vehicle Theft Prevention Trust Fund may also
30 be as provided in the General Appropriations Act Senate Bill
31 2-C. This paragraph expires July 1, 2003 2002.
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1 Section 31. In order to implement Specific
2 Appropriations 889-1070, 3165, and 3201-3222 of the 2002-2003
3 General Appropriations Act, section 25.402, Florida Statutes,
4 is amended to read:
5 25.402 County Article V Trust Fund.--
6 (1)(a) The trust fund moneys in the County Article V
7 Trust Fund, administered by the Supreme Court, may be used to
8 compensate counties for the costs they incur under Article V
9 of the State Constitution in operating the state courts
10 system, including the costs they incur in providing and
11 maintaining court facilities.
12 (b) The Supreme Court shall adopt an allocation and
13 disbursement plan for the operation of the trust fund and the
14 expenditure of moneys deposited in the trust fund. The Supreme
15 Court shall include the plan in its legislative budget
16 request. A committee of 15 people shall develop and recommend
17 the allocation and disbursement plan to the Supreme Court. The
18 committee shall be composed of:
19 1. Six persons appointed by the Florida Association of
20 Counties, as follows:
21 a. Two persons residing in counties with populations
22 fewer than 90,000.
23 b. Two persons residing in counties with populations
24 greater than 89,999, but fewer than 700,000.
25 c. Two persons residing in counties with populations
26 greater than 699,999.
27 2. Six persons appointed by the Chief Justice of the
28 Supreme Court, as follows:
29 a. Two persons residing in counties with populations
30 fewer than 90,000.
31
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1 b. Two persons residing in counties with populations
2 greater than 89,999, but fewer than 700,000.
3 c. Two persons residing in counties with populations
4 greater than 699,999.
5 3. Three persons appointed by the Florida Association
6 of Court Clerks and Comptrollers, as follows:
7 a. One person residing in a county with a population
8 fewer than 90,000.
9 b. One person residing in a county with a population
10 greater than 89,999, but fewer than 700,000.
11 c. One person residing in a county with a population
12 greater than 699,999.
13
14 The allocation and disbursement plan shall include provisions
15 to compensate counties with fewer than 90,000 residents for
16 court facility needs.
17 (c) Amendments to the approved operating budget for
18 expenditures from the County Article V Trust Fund must be
19 approved in accordance with the provisions of s. 216.181. The
20 total amount disbursed from the County Article V Trust Fund
21 may not exceed the amount authorized by the General
22 Appropriations Act.
23 (d) Effective July 1, 2001, moneys generated from
24 civil penalties distributed under s. 318.21(2) and s.
25 318.21(2)(h) shall be deposited in the trust fund may be used
26 for the following purposes:
27 1. Funds paid to counties with populations fewer than
28 90,000 shall be grants-in-aid to be used, in priority order,
29 for: operating expenditures of the offices of the state
30 attorneys and public defenders as appropriated by the
31 Legislature in accordance with Specific Appropriation 2978B;
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1 consulting or architectural studies related to the improvement
2 of courthouse facilities; improving court facilities to ensure
3 compliance with the Americans with Disabilities Act and other
4 federal or state requirements; other renovations in court
5 facilities; improvements in court security; and expert witness
6 fees in criminal cases, court reporting and transcribing costs
7 in criminal cases, and costs associated with the appointment
8 of special public defenders.
9 2. Funds paid to counties with populations exceeding
10 89,999 shall be grants-in-aid to be used, in priority order,
11 for operating expenditures of the offices of the state
12 attorneys and public defenders as appropriated by the
13 Legislature in accordance with Specific Appropriation 2978B,
14 costs paid by the county for expert witness fees in criminal
15 cases, court reporting and transcribing costs in criminal
16 cases, and costs associated with the appointment of special
17 public defenders.
18 3. Funds may be appropriated for the operation of the
19 trial courts.
20 (2) This section expires June 30, 2003 2002.
21 Section 32. In order to implement Specific
22 Appropriation 1480A of the 2002-2003 General Appropriations
23 Act, subsections (2) and (6) of section 581.1845, Florida
24 Statutes, as amended by section 11 of chapter 2001-380, Laws
25 of Florida, are amended to read:
26 581.1845 Citrus canker eradication; compensation to
27 homeowners whose trees have been removed.--
28 (2) To be eligible to receive compensation under the
29 program, a homeowner must:
30 (a) Be the homeowner of record on July 1, 2001, the
31 effective date of this act for residential property where one
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1 or more citrus trees have been removed as part of a citrus
2 canker eradication program, except that, for the 2002-2003
3 fiscal year only, a homeowner must be the homeowner of record
4 on the date the trees were removed in order to be eligible to
5 receive compensation;
6 (b) Have had one or more citrus trees removed from the
7 property by a tree-cutting contractor as part of a citrus
8 canker eradication program on or after January 1, 1995; and
9 (c) Have received no commercial compensation and is
10 not eligible to receive commercial compensation from the
11 United States Department of Agriculture for citrus trees
12 removed as part of a citrus canker eradication program.
13 (6)(a) For the 2001-2002 fiscal year only and
14 notwithstanding the $100-compensation amount specified in
15 subsection (3); in subsection (3) of section 45 of chapter
16 2001-254, Laws of Florida; and in proviso following Specific
17 Appropriation 1488A of chapter 2001-253, Laws of Florida, the
18 amount of compensation for each tree removed from residential
19 property by the citrus canker eradication program shall be
20 $55. This paragraph subsection expires July 1, 2002.
21 (b) For the 2002-2003 fiscal year only and
22 notwithstanding the $100-compensation amount specified in
23 subsection (3), the amount of compensation for each tree
24 removed from residential property by the citrus canker
25 eradication program shall be $55. This paragraph expires July
26 1, 2003.
27 Section 33. In order to implement Specific
28 Appropriations 1517 and 1523 of the 2002-2003 General
29 Appropriations Act, subsection (1) of section 252.373, Florida
30 Statutes, is amended to read:
31 252.373 Allocation of funds; rules.--
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1 (1)(a) Funds appropriated from the Emergency
2 Management, Preparedness, and Assistance Trust Fund shall be
3 allocated by the Department of Community Affairs as follows:
4 1. Sixty percent to implement and administer state and
5 local emergency management programs, including training, of
6 which 20 percent shall be used by the division and 80 percent
7 shall be allocated to local emergency management agencies and
8 programs. Of this 80 percent, at least 80 percent shall be
9 allocated to counties.
10 2. Twenty percent to provide for state relief
11 assistance for nonfederally declared disasters, including but
12 not limited to grants and below-interest-rate loans to
13 businesses for uninsured losses resulting from a disaster.
14 3. Twenty percent for grants and loans to state or
15 regional agencies, local governments, and private
16 organizations to implement projects that will further state
17 and local emergency management objectives. These projects
18 must include, but need not be limited to, projects that will
19 promote public education on disaster preparedness and recovery
20 issues, enhance coordination of relief efforts of statewide
21 private sector organizations, and improve the training and
22 operations capabilities of agencies assigned lead or support
23 responsibilities in the state comprehensive emergency
24 management plan, including the State Fire Marshal's Office for
25 coordinating the Florida fire services. The division shall
26 establish criteria and procedures for competitive allocation
27 of these funds by rule. No more than 5 percent of any award
28 made pursuant to this subparagraph may be used for
29 administrative expenses. This competitive criteria must give
30 priority consideration to hurricane evacuation shelter
31 retrofit projects.
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1 (b) Notwithstanding the provisions of paragraph (a),
2 and for the 2002-2003 2001-2002 fiscal year only, the use up
3 to $2.2 million of the unencumbered balance of the Emergency
4 Management, Preparedness, and Assistance Trust Fund shall be
5 as provided in the General Appropriations Act utilized to
6 improve, and increase the number of, disaster shelters within
7 the state and improve local disaster preparedness. This
8 paragraph expires on July 1, 2003 2002.
9 Section 34. In order to implement Specific
10 Appropriation 1498 of the 2002-2003 General Appropriations
11 Act, subsection (8) of section 163.3184, Florida Statutes, is
12 amended to read:
13 163.3184 Process for adoption of comprehensive plan or
14 plan amendment.--
15 (8) NOTICE OF INTENT.--
16 (a) Except as provided in s. 163.3187(3), the state
17 land planning agency, upon receipt of a local government's
18 adopted comprehensive plan or plan amendment, shall have 45
19 days for review and to determine if the plan or plan amendment
20 is in compliance with this act, unless the amendment is the
21 result of a compliance agreement entered into under subsection
22 (16), in which case the time period for review and
23 determination shall be 30 days. If review was not conducted
24 under subsection (6), the agency's determination must be based
25 upon the plan amendment as adopted. If review was conducted
26 under subsection (6), the agency's determination of compliance
27 must be based only upon one or both of the following:
28 1. The state land planning agency's written comments
29 to the local government pursuant to subsection (6); or
30 2. Any changes made by the local government to the
31 comprehensive plan or plan amendment as adopted.
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1 (b)1. During the time period provided for in this
2 subsection, the state land planning agency shall issue,
3 through a senior administrator or the secretary, as specified
4 in the agency's procedural rules, a notice of intent to find
5 that the plan or plan amendment is in compliance or not in
6 compliance. A notice of intent shall be issued by publication
7 in the manner provided by this paragraph and by mailing a copy
8 to the local government and to persons who request notice.
9 The required advertisement shall be no less than 2 columns
10 wide by 10 inches long, and the headline in the advertisement
11 shall be in a type no smaller than 12 point. The advertisement
12 shall not be placed in that portion of the newspaper where
13 legal notices and classified advertisements appear. The
14 advertisement shall be published in a newspaper which meets
15 the size and circulation requirements set forth in paragraph
16 (15)(c) and which has been designated in writing by the
17 affected local government at the time of transmittal of the
18 amendment. Publication by the state land planning agency of a
19 notice of intent in the newspaper designated by the local
20 government shall be prima facie evidence of compliance with
21 the publication requirements of this section.
22 2. For fiscal year 2002-2003 2001-2002 only, the
23 provisions of this subparagraph shall supersede the provisions
24 of subparagraph 1. During the time period provided for in this
25 subsection, the state land planning agency shall issue,
26 through a senior administrator or the secretary, as specified
27 in the agency's procedural rules, a notice of intent to find
28 that the plan or plan amendment is in compliance or not in
29 compliance. A notice of intent shall be issued by publication
30 in the manner provided by this paragraph and by mailing a copy
31 to the local government. The advertisement shall be placed in
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1 that portion of the newspaper where legal notices appear. The
2 advertisement shall be published in a newspaper that meets the
3 size and circulation requirements set forth in paragraph
4 (15)(c) and that has been designated in writing by the
5 affected local government at the time of transmittal of the
6 amendment. Publication by the state land planning agency of a
7 notice of intent in the newspaper designated by the local
8 government shall be prima facie evidence of compliance with
9 the publication requirements of this section. The state land
10 planning agency shall post a copy of the notice of intent on
11 the agency's Internet site. The agency shall, no later than
12 the date the notice of intent is transmitted to the newspaper,
13 send by regular mail a courtesy informational statement to
14 persons who provide their names and addresses to the local
15 government at the transmittal hearing or at the adoption
16 hearing where the local government has provided the names and
17 addresses of such persons to the department at the time of
18 transmittal of the adopted amendment. The informational
19 statements shall include the name of the newspaper in which
20 the notice of intent will appear, the approximate date of
21 publication, the ordinance number of the plan or plan
22 amendment, and a statement that affected persons have 21 days
23 after the actual date of publication of the notice to file a
24 petition. This subparagraph expires July 1, 2003 2002.
25 Section 35. In order to implement Specific
26 Appropriation 1760A of the 2002-2003 General Appropriations
27 Act, subsection (6) is added to section 375.041, Florida
28 Statutes, to read:
29 375.041 Land Acquisition Trust Fund.--
30 (6) For the 2002-2003 fiscal year only, the use of
31 funds allocated to the Land Acquisition Trust Fund shall be as
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1 provided in the General Appropriations Act. This subsection
2 expires July 1, 2003.
3 Section 36. If Council Substitute for House Bill 851,
4 Enrolled, 2002 Regular Session does not become a law, in order
5 to implement Specific Appropriations 1760A and 1768A of the
6 2002-2003 General Appropriations Act, subsection (7) is added
7 to section 403.709, Florida Statutes, to read:
8 403.709 Solid Waste Management Trust Fund; use of
9 waste tire fee moneys; waste tire site management.--
10 (7) For the 2002-2003 fiscal year only, the use of
11 funds allocated to the Solid Waste Management Trust Fund shall
12 be as provided in the General Appropriations Act. This
13 subsection expires July 1, 2003.
14 Section 37. If Council Substitute for House Bill 851,
15 Enrolled, 2002 Regular Session, does not become a law, in
16 order to implement Specific Appropriation 1819 of the
17 2002-2003 General Appropriations Act, subsection (8) of
18 section 403.7095, Florida Statutes, is amended to read:
19 403.7095 Solid waste management grant program.--
20 (8) Notwithstanding the provisions of this section,
21 for fiscal year 2002-2003 2001-2002 only, the department shall
22 provide solid waste management and recycling grants only to
23 counties with populations under 100,000. Such grants must be
24 at least 80 percent of the level of funding they received in
25 fiscal year 2000-2001. This subsection expires July 1, 2003
26 2002.
27 Section 38. If Council Substitute for House Bill 851,
28 Enrolled, 2002 Regular Session, becomes a law, in order to
29 implement Specific Appropriation 1819 of the 2002-2003 General
30 Appropriations Act, subsection (7) is added to section
31
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1 403.7095, Florida Statutes, as amended by section 8 of that
2 bill, to read:
3 403.7095 Solid waste management grant program.--
4 (7) Notwithstanding the provisions of this section,
5 for fiscal year 2002-2003 only, the department shall provide
6 solid waste management and recycling grants only to counties
7 with populations under 100,000. Such grants must be at least
8 80 percent of the level of funding they received in fiscal
9 year 2000-2001. This subsection expires July 1, 2003.
10 Section 39. In order to implement Specific
11 Appropriation 2075 of the 2002-2003 General Appropriations
12 Act, subsection (10) of section 339.12, Florida Statutes, as
13 created by section 83 of chapter 2002-20, Laws of Florida, is
14 amended to read:
15 339.12 Aid and contributions by governmental entities
16 for department projects; federal aid.--
17 (10) Effective July 1, 2003, any county with a
18 population greater than 50,000 that levies the full 6 cents of
19 local option fuel tax pursuant to ss. 206.41(1)(e) and
20 206.87(1)(c), or that dedicates 35 percent or more of its
21 discretionary sales surtax, pursuant to s. 212.055, for
22 improvements to the state transportation system or to local
23 projects directly upgrading the state transportation system
24 within the county's boundaries shall receive preference for
25 receipt of any transportation grant for which the county
26 applies. This subsection shall not apply to loans or
27 nonhighway grant programs.
28 Section 40. In order to implement Specific
29 Appropriations 2161A and 2161G of the 2002-2003 General
30 Appropriations Act, subsection (5) is added to section
31
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1 338.2216, Florida Statutes, as created by chapter 2002-20,
2 Laws of Florida, to read:
3 338.2216 Florida Turnpike Enterprise; powers and
4 authority.--
5 (5) For the 2002-2003 fiscal year only, any toll
6 collector or laborer retained in a position temporarily
7 continued under the authority provided by proviso following
8 Specific Appropriations 2161A and 2161G of the 2002-2003
9 General Appropriations Act shall remain in the Career Service
10 System. This subsection expires July 1, 2003.
11 Section 41. In order to implement proviso language in
12 Specific Appropriation 2235 of the 2002-2003 General
13 Appropriations Act, section 402.3017, Florida Statutes, is
14 amended to read:
15 402.3017 Teacher Education and Compensation Helps
16 (TEACH) scholarship program.--
17 (1) The Legislature finds that the level of early
18 child care teacher education and training is a key predictor
19 for determining program quality. The Legislature also finds
20 that low wages for child care workers prevent many from
21 obtaining increased training and education and contribute to
22 high turnover rates. The Legislature therefore intends to
23 help fund a program which links teacher training and education
24 to compensation and commitment to the field of early childhood
25 education.
26 (2) The Department of Children and Family Services is
27 authorized to contract for the administration of the Teacher
28 Education and Compensation Helps (TEACH) scholarship program,
29 which provides educational scholarships to caregivers and
30 administrators of early childhood programs, family day care
31 homes, and large family child care homes.
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1 (3) The department shall adopt rules as necessary to
2 implement this section.
3 (4) For the 2002-2003 fiscal year only, the Agency for
4 Workforce Innovation shall administer this section. This
5 subsection expires July 1, 2003.
6 Section 42. In order to implement Specific
7 Appropriation 2352 of the 2002-2003 General Appropriations
8 Act, subsection (2) of section 489.118, Florida Statutes, is
9 amended to read:
10 489.118 Certification of registered contractors;
11 grandfathering provisions.--The board shall, upon receipt of a
12 completed application and appropriate fee, issue a certificate
13 in the appropriate category to any contractor registered under
14 this part who makes application to the board and can show that
15 he or she meets each of the following requirements:
16 (2)(a) Has, for that category, passed a written
17 examination that the board finds to be substantially similar
18 to the examination required to be licensed as a certified
19 contractor under this part. For purposes of this subsection, a
20 written, proctored examination such as that produced by the
21 National Assessment Institute, Block and Associates,
22 NAI/Block, Experior Assessments, Professional Testing, Inc.,
23 or Assessment Systems, Inc., shall be considered to be
24 substantially similar to the examination required to be
25 licensed as a certified contractor. The board may not impose
26 or make any requirements regarding the nature or content of
27 these cited examinations.
28 (b) Has, for the 2002-2003 fiscal year only and in
29 lieu of passing the written examination required by paragraph
30 (a), successfully passed an oral examination that the board
31 finds to be substantially similar to the examination required
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1 to be licensed as a certified contractor under this part. This
2 paragraph applies only to applicants who are disabled. This
3 paragraph expires July 1, 2003.
4
5 Applicants wishing to obtain a certificate pursuant to this
6 section must make application by November 1, 2004.
7 Section 43. In order to implement Specific
8 Appropriations 2396-2416 of the 2002-2003 General
9 Appropriations Act, the Department of Business and
10 Professional Regulation is authorized to transfer no more than
11 34 positions and the resources identified in the reengineering
12 issue from Compliance and Enforcement, no more than 12
13 positions and the resources identified in the reengineering
14 issues from Standards and Licensure, and no more than 20
15 positions and the resources identified in the reengineering
16 issue from tax collection to begin implementation of the
17 on-line licensing and reengineering project. To ensure current
18 service delivery levels pertaining to regulation, licensing,
19 compliance, enforcement, and tax collection, the department is
20 authorized to retain positions in the current programs as
21 necessary to facilitate migration to the new business process.
22 The transfer must be completed prior to June 30, 2003. The
23 Executive Office of the Governor is authorized to establish
24 positions in excess in the current programs to meet these
25 requirements, subject to the provisions of section 216.177,
26 Florida Statutes.
27 Section 44. In order to implement Specific
28 Appropriations 2418-2433 of the 2002-2003 General
29 Appropriations Act:
30 (1) Any other provision of law to the contrary
31 notwithstanding, the Division of Florida Land Sales,
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1 Condominiums, and Mobile Homes shall be organized with at
2 least three bureaus to be known as the Bureau of Condominiums,
3 the Bureau of Mobile Homes, and the Bureau of Time-shares.
4 (2) No more than 10 percent of the moneys deposited in
5 the trust fund of the Division of Florida Land Sales,
6 Condominiums, and Mobile Homes shall be transferred to the
7 office of the Secretary of Business and Professional
8 Regulation or to other parts of the Department of Business and
9 Professional Regulation during any fiscal year without the
10 prior specific authorization by the Legislature in the General
11 Appropriations Act.
12
13 This section expires July 1, 2003.
14 Section 45. In order to implement Specific
15 Appropriations 2396-2416 of the 2002-2003 General
16 Appropriations Act:
17 (1) Any other provision of law to the contrary
18 notwithstanding, the Division of Alcoholic Beverages and
19 Tobacco shall be organized with at least three bureaus to be
20 known as the Bureau of Licensing, the Bureau of Auditing, and
21 the Bureau of Law Enforcement.
22 (2) No more than 10 percent of the moneys deposited in
23 the trust fund of the Division of Alcoholic Beverages and
24 Tobacco shall be transferred to the office of the Secretary of
25 Business and Professional Regulation or to other parts of the
26 Department of Business and Professional Regulation during any
27 fiscal year without the prior specific authorization by the
28 Legislature in the General Appropriations Act.
29
30 This section expires July 1, 2003.
31
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1 Section 46. In order to implement Specific
2 Appropriations 2776-2782 of the 2002-2003 General
3 Appropriations Act, subsection (4) of section 287.161, Florida
4 Statutes, is amended to read:
5 287.161 Executive aircraft pool; assignment of
6 aircraft; charge for transportation.--
7 (4) Notwithstanding the requirements of subsections
8 (2) and (3) and for the 2002-2003 2001-2002 fiscal year only,
9 the Department of Management Services shall charge all persons
10 receiving transportation from the executive aircraft pool a
11 rate not less than the mileage allowance fixed by the
12 Legislature for the use of privately owned vehicles. Fees
13 collected for persons traveling by aircraft in the executive
14 aircraft pool shall be deposited into the Bureau of Aircraft
15 Trust Fund and shall be expended for costs incurred to operate
16 the aircraft management activities of the department. It is
17 the intent of the Legislature that the executive aircraft pool
18 be operated on a full cost recovery basis, less available
19 funds. This subsection expires July 1, 2003 2002.
20 Section 47. In order to implement section 8 of the
21 2002-2003 General Appropriations Act, section 110.1239,
22 Florida Statutes, is amended to read:
23 110.1239 State group health insurance program
24 funding.--For the 2002-2003 2001-2002 fiscal year only, it is
25 the intent of the Legislature that the state group health
26 insurance program be managed, administered, operated, and
27 funded in such a manner as to maximize the protection of state
28 employee health insurance benefits. Inherent in this intent is
29 the recognition that the health insurance liabilities
30 attributable to the benefits offered state employees should be
31 fairly, orderly, and equitably funded. Accordingly:
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1 (1) The division shall determine the level of premiums
2 necessary to fully fund the state group health insurance
3 program for the next fiscal year. Such determination shall be
4 made after each self-insurance revenue estimating conference
5 on health insurance as provided in s. 216.136(11) s.
6 216.136(1), but not later than December 1 and April 1 of each
7 fiscal year.
8 (2) The Governor, in the Governor's recommended
9 budget, shall provide premium rates necessary for full funding
10 of the state group health insurance program, and the
11 Legislature shall provide in the General Appropriations Act
12 for a premium level necessary for full funding of the state
13 group health insurance program.
14 (3) For purposes of funding, any additional
15 appropriation amounts allocated to the state group health
16 insurance program by the Legislature shall be considered as a
17 state contribution and thus an increase in the state premiums.
18 (4) This section expires July 1, 2003 2002.
19 Section 48. In order to implement section 8 of the
20 2002-2003 General Appropriations Act, subsection (7) of
21 section 110.12315, Florida Statutes, is amended to read:
22 110.12315 Prescription drug program.--The state
23 employees' prescription drug program is established. This
24 program shall be administered by the Department of Management
25 Services, according to the terms and conditions of the plan as
26 established by the relevant provisions of the annual General
27 Appropriations Act and implementing legislation, subject to
28 the following conditions:
29 (7) Notwithstanding the provisions of subsections (1)
30 and (2), under the state employees' prescription drug program
31 copayments must be made as follows:
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1 (a) Effective January 1, 2001:
2 1. For generic drug with card......................$7.
3 2. For preferred brand name drug with card........$20.
4 3. For nonpreferred brand name drug with card.....$35.
5 4. For generic mail order drug.................$10.50.
6 5. For preferred brand name mail order drug.......$30.
7 6. For nonpreferred brand name drug............$52.50.
8 (b) The Department of Management Services shall create
9 a preferred brand name drug list to be used in the
10 administration of the state employees' prescription drug
11 program.
12
13 This subsection expires July 1, 2003 2002.
14 Section 49. In order to implement Specific
15 Appropriations 2195-2202 of the 2002-2003 General
16 Appropriations Act, subsection (7) of section 443.036, Florida
17 Statutes, is amended to read:
18 443.036 Definitions.--As used in this chapter, unless
19 the context clearly requires otherwise:
20 (7) BASE PERIOD.--
21 (a) "Base period" means the first four of the last
22 five completed calendar quarters immediately preceding the
23 first day of an individual's benefit year.
24 (b) For the 2002-2003 fiscal year only, with respect
25 to a benefit year commencing on or after October 1, 2002, if
26 an individual is not monetarily eligible in his or her base
27 period to qualify for benefits, the Agency for Workforce
28 Innovation must designate his or her base period to be the
29 alternative base period. As used in this paragraph, the term
30 "alternative base period" means the last four completed
31 calendar quarters immediately preceding the first day of an
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1 individual's benefit year. Wages used in a base period to
2 establish a monetarily eligible benefit year may not be
3 applied to establish monetary eligibility in any succeeding
4 benefit year. If information regarding wages for the calendar
5 quarter or quarters immediately preceding the benefit year has
6 not been input into the agency's mainframe database from the
7 regular quarterly reports of wage information or is otherwise
8 unavailable, the Agency for Workforce Innovation shall request
9 such information from the employer. An employer must provide
10 the requested wage information within 10 days after receiving
11 a request from the Agency for Workforce Innovation. An
12 employer who fails to provide the requested wage information
13 within the required time is subject to the penalty for
14 delinquent reports in s. 443.141(1)(b). This paragraph expires
15 July 1, 2003.
16 (c) For the 2002-2003 fiscal year only, for monetary
17 determinations based upon the alternative base period under
18 paragraph (b), if the Agency for Workforce Innovation is
19 unable to access the wage information through its mainframe
20 database, the agency may base the determination of eligibility
21 for benefits on an affidavit submitted by the individual with
22 respect to wages for those calendar quarters. The individual
23 must furnish payroll information, if available, in support of
24 the affidavit. A determination of benefits based upon an
25 alternative base period shall be adjusted when the quarterly
26 report of wage information from the employer is received, if
27 that information causes a change in the determination. This
28 paragraph expires July 1, 2003.
29 Section 50. A section of this act that implements a
30 specific appropriation or specifically identified proviso
31 language in the 2002-2003 General Appropriations Act is void
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1 if the specific appropriation or specifically identified
2 proviso language is vetoed. A section of this act that
3 implements more than one specific appropriation or more than
4 one portion of specifically identified proviso language in the
5 2002-2003 General Appropriations Act is void if all the
6 specific appropriations or portions of specifically identified
7 proviso language are vetoed.
8 Section 51. The agency performance measures and
9 standards in the document entitled "Agency Performance
10 Measures and Standards for Fiscal Year 2002-2003" dated April
11 30, 2002, and filed with the Secretary of the Senate are
12 incorporated by reference. Such performance measures and
13 standards are directly linked to the appropriations made in
14 the General Appropriations Act for fiscal year 2002-2003, as
15 required by the Government Performance and Accountability Act
16 of 1994. State agencies are directed to revise their
17 Long-Range Program Plans required under section 216.013,
18 Florida Statutes, to be consistent with these performance
19 measures and standards.
20 Section 52. It is the policy of the state that funds
21 provided in the 2002-2003 General Appropriations Act may not
22 be expended for contracts in excess of $5,000 for the radio or
23 broadcast television noncommercial sustained announcements or
24 for public-service announcements unless specifically approved
25 by the Legislative Budget Commission.
26 Section 53. If any law that is amended by this act was
27 also amended by a law enacted at the 2002 Regular Session of
28 the Legislature, such laws shall be construed as if they had
29 been enacted at the same session of the Legislature, and full
30 effect should be given to each if that is possible.
31
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1 Section 54. Except as otherwise specifically provided
2 in this act, this act shall take effect July 1, 2002; and if
3 this act fails to become a law until after that date, it shall
4 take effect upon becoming a law and shall operate
5 retroactively to July 1, 2002.
6
7 *****************************************
8 SENATE SUMMARY
9 Implements the 2002-2003 General Appropriations Act.
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