HB 1791 2003
1	A bill to be entitled
2	An act implementing the 2003-2004 General Appropriations
3	Act; providing legislative intent; providing accounting
4	requirements for the state universities for the 2003-2004
5	fiscal year; amending ss. 430.204 and 430.205, F.S.;
6	requiring the Department of Elderly Affairs to fund
7	certain community care services and core services for the
8	elderly; amending s. 216.292, F.S.; authorizing the
9	Department of Children and Family Services to transfer
10	funds within the family safety program; amending s.
11	561.121, F.S.; providing that moneys in the Children and
12	Adolescents Substance Abuse Trust Fund may also be used
13	for the purpose of funding programs directed at reducing
14	and eliminating substance abuse problems among adults;
15	amending s. 409.1671, F.S.; providing for lump sum funding
16	in the Department of Children and Family Services to
17	provide for continuity of foster care under certain
18	circumstances; amending s. 394.908, F.S.; providing for
19	substance abuse and mental health funding equity as
20	provided in the General Appropriations Act; authorizing
21	the Department of Children and Family Services to procure
22	contractual services to outsource the operation of the
23	Northeast Florida State Hospital; amending s. 381.0066,
24	F.S.; continuing the additional fee on new construction
25	permits for onsite sewage treatment and disposal systems
26	the proceeds of which are used for system research,
27	demonstration, and training projects; amending s. 385.207,
28	F.S.; authorizing appropriation of funds in the Epilepsy
29	Services Trust Fund for epilepsy case management services;
30	authorizing the Department of Law Enforcement to use
31	certain moneys to provide bonuses to employees for
32	meritorious performance, subject to review; amending s.
33	216.181, F.S.; authorizing the Department of Law
34	Enforcement to transfer positions and associated budget
35	and a certain percentage of salary rate between budget
36	entities and providing requirements with respect thereto;
37	authorizing the Correctional Privatization Commission to
38	make certain expenditures to defray costs incurred by a
39	municipality or county as a result of opening or operating
40	a facility under authority of the commission or the
41	Department of Juvenile Justice; amending s. 16.555, F.S.;
42	authorizing use of the Crime Stoppers Trust Fund to pay
43	for salaries and benefits and other expenses of the
44	Department of Legal Affairs; amending s. 860.158, F.S.;
45	providing directives for the use of moneys in the Florida
46	Motor Vehicle Theft Prevention Trust Fund; amending s.
47	932.7055, F.S.; allowing municipal special law enforcement
48	trust funds to be used to reimburse certain loans from
49	municipalities; amending s. 581.184, F.S.; requiring
50	notice to the property owner of the removal of infected
51	citrus trees or citrus trees exposed to infection;
52	amending s. 581.1845, F.S.; revising eligibility for
53	compensation of homeowners under the citrus canker
54	eradication program; prescribing the amount of
55	compensation for trees taken in the citrus canker
56	eradication program; amending s. 215.981, F.S.; exempting
57	certain citizen support organizations for the Department
58	of Environmental Protection from the requirement to have
59	an independent audit; amending s. 61.1826, F.S.; revising
60	provisions relating to the special master to resolve
61	disputes involving cooperative agreement and contract
62	terms for certain state and federal child support
63	provisions; amending s. 287.161, F.S.; requiring the
64	Department of Management Services to charge all persons
65	receiving transportation from the executive aircraft pool
66	a specified rate; amending s. 110.116, F.S.; authorizing
67	the Department of Management Services to contract with a
68	vendor to provide a personnel information system; amending
69	s. 110.152, F.S.; authorizing the Department of Management
70	Services to make lump-sum payments for adoption benefits
71	for state employees; amending s. 110.2035, F.S.; revising
72	provisions governing the classification and compensation
73	program for state employees; requiring the Department of
74	Management Services to adopt rules, including emergency
75	rules, necessary to implement such program; amending s.
76	110.12315, F.S.; providing copayment requirements for the
77	state employees' prescription drug program; amending s.
78	110.1239, F.S.; providing requirements for the funding of
79	the state group health insurance program; amending s.
80	112.061, F.S.; providing for computation of travel time
81	and reimbursement for public officers' and employees'
82	travel; amending s. 121.091, F.S.; authorizing certain
83	school administrative personnel to participate in the
84	DROP; amending s. 252.373, F.S.; providing for use of
85	funds of the Emergency Management, Preparedness, and
86	Assistance Trust Fund, including use of certain funds as
87	state match for current federally approved disaster
88	projects; amending s. 215.559, F.S.; providing that use of
89	the Florida Hurricane Catastrophe Fund shall be as
90	provided in the General Appropriations Act; amending s.
91	253.025, F.S.; providing that the use of funds allocated
92	to the Relocation and Construction Trust Fund shall be as
93	provided in the General Appropriations Act; amending s.
94	373.4145, F.S.; extending the period for the interim
95	permitting program for the management and storage of
96	surface waters within the geographical jurisdiction of the
97	Northwest Florida Water Management District; amending s.
98	290.044, F.S.; eliminating required distribution
99	percentages for program categories from the Florida Small
100	Cities Community Development Block Grant Program Fund and
101	authorizing the set-aside of a certain amount of such
102	funds for certain emergency-related activities; amending
103	s. 15.09, F.S.; deleting provisions relating to creation
104	and use of the Public Access Data Systems Trust Fund;
105	amending s. 265.2861, F.S.; removing funding of specified
106	programs through the Cultural Institutions Trust Fund;
107	amending s. 267.0617, F.S.; deleting a funding source for
108	the Historic Preservation Grant Program; amending s.
109	607.1901, F.S.; eliminating transfers of specified funds
110	from the Corporations Trust Fund; amending s. 607.19011,
111	F.S.; providing for use of the Corporations Trust Fund as
112	directed by the Legislature; amending s. 402.3017, F.S.;
113	providing for administration of the Teacher Education and
114	Compensation Helps (TEACH) scholarship program by the
115	Agency for Workforce Innovation; amending s. 411.01, F.S.;
116	providing priority for placement of children in the school
117	readiness program; amending s. 1013.62, F.S.; providing
118	that funds for charter school capital outlay funding shall
119	be distributed by the Department of Education as provided
120	in the General Appropriations Act; amending s. 1009.66,
121	F.S.; deleting certain provisions relating to investment
122	and use of interest income of the Nursing Student Loan
123	Forgiveness Trust Fund; amending s. 385.207, F.S.;
124	deleting certain provisions relating to investment and use
125	of interest income of the Epilepsy Services Trust Fund;
126	providing for transfer pursuant to law or a type two
127	transfer of all powers, duties, functions, records,
128	personnel, property, and unexpended balances of
129	appropriations, allocations, and other funds of the Office
130	of Program Policy Analysis and Government Accountability
131	to the Office of the Auditor General; providing for a type
132	two transfer of all powers, duties, functions, records,
133	personnel, property, and unexpended balances of
134	appropriations, allocations, and other funds of the
135	Council for Education Policy Research and Improvement to
136	the Office of the Auditor General; providing for future
137	repeal or expiration of various provisions; providing for
138	reversion of certain provisions; providing effect of veto
139	of specific appropriation or proviso to which implementing
140	language refers; providing applicability to other
141	legislation; incorporating by reference specified
142	performance measures and standards directly linked to the
143	appropriations made in the 2003-2004 General
144	Appropriations Act, as required by the Government
145	Performance and Accountability Act of 1994; providing
146	severability; providing an effective date.
147
148	Be It Enacted by the Legislature of the State of Florida:
149
150	Section 1. It is the intent of the Legislature that the
151	implementing and administering provisions of this act apply to
152	the General Appropriations Act for fiscal year 2003-2004.
153	Section 2. In order to implement Specific Appropriations
154	7-11, 123-128, and 130 of the 2003-2004 General Appropriations
155	Act:
156	(1) Effective July 1, 2003, each university that has not
157	made the transition from the state accounting system (FLAIR)
158	shall utilize the state accounting system for fiscal year 2003-
159	2004 but is not required to provide funds to the Department of
160	Financial Services for its utilization.
161	(2) Notwithstanding the provisions of ss. 216.181,
162	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
163	216.351, Florida Statutes, funds appropriated or reappropriated
164	to the state universities in the 2003-2004 General
165	Appropriations Act, or any other act passed by the 2003
166	Legislature containing appropriations, shall be distributed to
167	each university according to the 2003-2004 fiscal year operating
168	budget approved by the university board of trustees. Each
169	university board of trustees shall have authority to amend the
170	operating budget as circumstances warrant. The operating budget
171	may utilize traditional appropriation categories or it may
172	consolidate the appropriations into a special category
173	appropriation account. The Chief Financial Officer, upon the
174	request of the university board of trustees, shall record by
175	journal transfer the distribution of the appropriated funds and
176	releases according to the approved operating budget to the
177	appropriation accounts established for disbursement purposes for
178	each university within the state accounting system (FLAIR).
179	(3) Notwithstanding the provisions of ss. 216.181,
180	216.292, 1004.22, and 1011.4105, Florida Statutes, and pursuant
181	to s. 216.351, Florida Statutes, each university board of
182	trustees shall include in an approved operating budget the
183	revenue in trust funds supported by student and other fees as
184	well as the trust funds within the Contract, Grants, and
185	Donations, Auxiliary Enterprises, and Sponsored Research budget
186	entities. The university board of trustees shall have the
187	authority to amend the operating budget as circumstances
188	warrant. The operating budget may utilize traditional
189	appropriation categories or it may consolidate the trust fund
190	spending authority into a special category appropriation
191	account. The Chief Financial Officer, upon the request of the
192	university board of trustees, shall record the distribution of
193	the trust fund spending authority and releases according to the
194	approved operating budget to the appropriation accounts
195	established for disbursement purposes for each university within
196	the state accounting system (FLAIR).
197	(4) This section expires July 1, 2004.
198	Section 3. In order to implement Specific Appropriations
199	426-441 of the 2003-2004 General Appropriations Act, paragraph
200	(b) of subsection (1) of section 430.204, Florida Statutes, is
201	amended to read:
202	430.204 Community-care-for-the-elderly core services;
203	departmental powers and duties.--
204	(1)
205	(b) For fiscal year 2003-20042002-2003only, the
206	department shall fund, through each area agency on aging in each
207	county as defined in s. 125.011(1), more than one community care
208	service system the primary purpose of which is the prevention of
209	unnecessary institutionalization of functionally impaired
210	elderly persons through the provision of community-based core
211	services. This paragraph expires July 1, 20042003.
212	Section 4. In order to implement Specific Appropriations
213	426-441 of the 2003-2004 General Appropriations Act, paragraph
214	(b) of subsection (1) of section 430.205, Florida Statutes, is
215	amended to read:
216	430.205 Community care service system.--
217	(1)
218	(b) For fiscal year 2003-20042002-2003only, the
219	department shall fund, through the area agency on aging in each
220	county as defined in s. 125.011(1), more than one community care
221	service system that provides case management and other in-home
222	and community services as needed to help elderly persons
223	maintain independence and prevent or delay more costly
224	institutional care. This paragraph expires July 1, 20042003.
225	Section 5. In order to implement Specific Appropriations
226	274-276 of the 2003-2004 General Appropriations Act, subsection
227	(12) of section 216.292, Florida Statutes, is amended to read:
228	216.292 Appropriations nontransferable; exceptions.--
229	(12) For the 2003-20042002-2003 fiscal year only,and
230	notwithstanding the other provisions of this section, the
231	Department of Children and Family Services may transfer funds
232	within the family safety program identified in the General
233	Appropriations Act from identical funding sources between the
234	following appropriation categories without limitation as long as
235	such a transfer does not result in an increase to the total
236	recurring general revenue or trust fund cost of the agency in
237	the subsequent fiscal year: adoption services and subsidy;
238	family foster care; and emergency shelter care; and residential
239	group care. Such transfers must be consistent with legislative
240	policy and intent and must not adversely affect achievement of
241	approved performance outcomes or outputs in the family safety
242	program. Notice of proposed transfers under this authority must
243	be provided to the Executive Office of the Governor and the
244	chairs of the legislative appropriations committees at least 5
245	working days before their implementation. This subsection
246	expires July 1, 20042003.
247	Section 6. In order to implement Specific Appropriation
248	357 of the 2003-2004 General Appropriations Act, subsection (4)
249	of section 561.121, Florida Statutes, is amended to read:
250	561.121 Deposit of revenue.--
251	(4)(a)State funds collected pursuant to s. 561.501 shall
252	be paid into the State Treasury and credited to the following
253	accounts:
254	1.(a)Twenty-seven and two-tenths percent of the surcharge
255	on the sale of alcoholic beverages for consumption on premises
256	shall be transferred to the Children and Adolescents Substance
257	Abuse Trust Fund, which shall remain with the Department of
258	Children and Family Services for the purpose of funding programs
259	directed at reducing and eliminating substance abuse problems
260	among children and adolescents.
261	2.(b)The remainder of collections shall be credited to
262	the General Revenue Fund.
263	(b) For the 2003-2004 fiscal year only, and
264	notwithstanding the provisions of subparagraph (a)1., moneys in
265	the Children and Adolescents Substance Abuse Trust Fund may also
266	be used for the purpose of funding programs directed at reducing
267	and eliminating substance abuse problems among adults. This
268	paragraph expires July 1, 2004.
269	Section 7. In order to implement Specific Appropriation
270	269A of the 2003-2004 General Appropriations Act, subsection (7)
271	of section 409.1671, Florida Statutes, is amended to read:
272	409.1671 Foster care and related services;
273	privatization.--
274	(7) The department, in consultation with existing lead
275	agencies, shall develop a proposal regarding the long-term use
276	and structure of a statewide shared earnings program which
277	addresses the financial risk to eligible lead community-based
278	providers resulting from unanticipated caseload growth or from
279	significant changes in client mixes or services eligible for
280	federal reimbursement. The recommendations in the statewide
281	proposal must also be available to entities of the department
282	until the conversion to community-based care takes place. At a
283	minimum, the proposal must allow for use of federal earnings
284	received from child welfare programs, which earnings are
285	determined by the department to be in excess of the amount
286	appropriated in the General Appropriations Act, to be used for
287	specific purposes. These purposes include, but are not limited
288	to:
289	(a) Significant changes in the number or composition of
290	clients eligible to receive services.
291	(b) Significant changes in the services that are eligible
292	for reimbursement.
293	(c) Significant changes in the availability of federal
294	funds.
295	(d) Shortfalls in state funds available for eligible or
296	ineligible services.
297	(e) Significant changes in the mix of available funds.
298	(f) Scheduled or unanticipated, but necessary, advances to
299	providers or other cash-flow issues.
300	(g) Proposals to participate in optional Medicaid services
301	or other federal grant opportunities.
302	(h) Appropriate incentive structures.
303	(i) Continuity of care in the event of lead agency
304	failure, discontinuance of service, or financial misconduct.
305
306	The department shall further specify the necessary steps to
307	ensure the financial integrity of these dollars and their
308	continued availability on an ongoing basis. The final proposal
309	shall be submitted to the Legislative Budget Commission for
310	formal adoption before December 31, 2002. If the Legislative
311	Budget Commission refuses to concur with the adoption of the
312	proposal, the department shall present its proposal in the form
313	of recommended legislation to the President of the Senate and
314	the Speaker of the House of Representatives before the
315	commencement of the next legislative session. For fiscal year
316	2003-2004 and annually thereafter, the department of Children
317	and Family Servicesmay request in its legislative budget
318	request, and the Governor may recommend, the funding necessary
319	to carry out paragraph (i) from excess federal earnings. The
320	General Appropriations Act shall include any funds appropriated
321	for this purpose in a lump sum in the departmentAdministered
322	Funds Program, which funds constitute partial security for lead
323	agency contract performance. The department shall use this
324	appropriation to offset the need for a performance bond for that
325	year after a comparison of risk to the funds available. In no
326	event shall this performance bond exceed 2.5 percent of the
327	annual contract value. The department may separately require a
328	bond to mitigate the financial consequences of potential acts of
329	malfeasance, misfeasance, or criminal violations by the
330	provider. Prior to the release of any funds in the lump sum, the
331	department shall submit a detailed operational plan, which must
332	identify the sources of specific trust funds to be used. The
333	release of the trust fund shall be subject to the notice and
334	review provisions of s. 216.177. However, the release shall not
335	require approval of the Legislative Budget Commission.
336	Section 8. The amendment of subsection (7) of s. 409.1671,
337	Florida Statutes, by this act shall expire on July 1, 2004, and
338	the text of that subsection shall revert to that in existence on
339	June 30, 2003, except that any amendments to such text enacted
340	other than by this act shall be preserved and continue to
341	operate to the extent that such amendments are not dependent
342	upon the portions of such text which expire pursuant to the
343	provisions of this act.
344	Section 9. In order to implement Specific Appropriations
345	324-357A of the 2003-2004 General Appropriations Act, subsection
346	(8) of section 394.908, Florida Statutes, is amended to read:
347	394.908 Substance abuse and mental health funding equity;
348	distribution of appropriations.--In recognition of the
349	historical inequity among service districts of the former
350	Department of Health and Rehabilitative Services in the funding
351	of substance abuse and mental health services, and in order to
352	rectify this inequity and provide for equitable funding in the
353	future throughout the state, the following funding process shall
354	be adhered to:
355	(8) For fiscal year 2003-20042002-2003only, and
356	notwithstanding the provisions of this section, all new funds
357	received in excess of fiscal year 2002-20032001-2002recurring
358	appropriations shall be allocated in accordance with the
359	provisions of the General Appropriations Act; however, no
360	district shall receive an allocation of recurring funds less
361	than its initial approved operating budget, plus any
362	distributions of lump sum appropriations or reductions in
363	unfunded budget, for fiscal year 2002-20032001-2002. This
364	subsection expires July 1, 20042003.
365	Section 10. In order to implement Specific Appropriation
366	415 of the 2003-2004 General Appropriations Act, for the 2003-
367	2004 fiscal year only, and notwithstanding the provisions of s.
368	287.057, Florida Statutes, the Department of Children and Family
369	Services is authorized to procure contractual services to
370	outsource the operation of the Northeast Florida State Hospital
371	with a qualified vendor with experience in operating a mental
372	health treatment facility in this state. This section expires
373	July 1, 2004.
374	Section 11. In order to implement Specific Appropriation
375	519 of the 2003-2004 General Appropriations Act, paragraph (k)
376	of subsection (2) of section 381.0066, Florida Statutes, is
377	amended to read:
378	381.0066 Onsite sewage treatment and disposal systems;
379	fees.--
380	(2) The minimum fees in the following fee schedule apply
381	until changed by rule by the department within the following
382	limits:
383	(k) Research: An additional $5 fee shall be added to each
384	new system construction permit issued during fiscal years 1996-
385	20041996-2003to be used for onsite sewage treatment and
386	disposal system research, demonstration, and training projects.
387	Five dollars from any repair permit fee collected under this
388	section shall be used for funding the hands-on training centers
389	described in s. 381.0065(3)(j).
390
391	The funds collected pursuant to this subsection must be
392	deposited in a trust fund administered by the department, to be
393	used for the purposes stated in this section and ss. 381.0065
394	and 381.00655.
395	Section 12. In order to implement Specific Appropriation
396	477 of the 2003-2004 General Appropriations Act, subsection (6)
397	of section 385.207, Florida Statutes, is amended to read:
398	385.207 Care and assistance of persons with epilepsy;
399	establishment of programs in epilepsy control.--
400	(6) For the 2003-20042002-2003fiscal year only, funds in
401	the Epilepsy Services Trust Fund may be appropriated for
402	epilepsy case management services. This subsection expires July
403	1, 20042003.
404	Section 13. Consistent with the provisions of s. 216.163,
405	Florida Statutes, in accordance with performance-based program
406	budgeting requirements, and notwithstanding the provisions of s.
407	216.181, Florida Statutes, the Department of Law Enforcement may
408	transfer up to one-half of 1 percent of the funds in Specific
409	Appropriations 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181,
410	1190, and 1195 of the 2002-2003 General Appropriations Act for
411	salary bonuses for departmental employees at the discretion of
412	the executive director, provided that such bonuses are given
413	only to selected employees for meritorious performance, instead
414	of being given as across-the-board bonuses for all employees.
415	The department, after consultation with the Executive Office of
416	the Governor, shall provide a plan to the chairs of the
417	legislative appropriations committees responsible for producing
418	the General Appropriations Act for review before awarding such
419	bonuses. This section expires July 1, 2004.
420	Section 14. In order to implement Specific Appropriations
421	1118-1201 of the 2003-2004 General Appropriations Act,
422	subsection (17) of section 216.181, Florida Statutes, is amended
423	to read:
424	216.181 Approved budgets for operations and fixed capital
425	outlay.--
426	(17) Notwithstanding any other provision of this section
427	to the contrary, and for the 2003-20042002-2003fiscal year
428	only, the Department of Law Enforcement may transfer up to 20
429	positions and associated budget between budget entities,
430	provided the same funding source is used throughout each
431	transfer. The department may also transfer up to 10 percent of
432	the initial approved salary rate between budget entities,
433	provided the same funding source is used throughout each
434	transfer. The department must provide notice to the Executive
435	Office of the Governor, the chair of the Senate Budget
436	Committee, and the chair of the House Committee on Criminal
437	Justice Appropriations for all transfers of positions or salary
438	rate. This subsection expires July 1, 20042003.
439	Section 15. In order to implement proviso language
440	following Specific Appropriation 642 of the 2003-2004 General
441	Appropriations Act, the Correctional Privatization Commission
442	may expend appropriated funds to assist in defraying the costs
443	of impacts that are incurred by a municipality or county and
444	associated with opening or operating a facility under the
445	authority of the Correctional Privatization Commission or a
446	facility under the authority of the Department of Juvenile
447	Justice which is located within that municipality or county. The
448	amount that is to be paid under this section for any facility
449	may not exceed 1 percent of the facility construction cost, less
450	building impact fees imposed by the municipality or by the
451	county if the facility is located in the unincorporated portion
452	of the county. This section expires July 1, 2004.
453	Section 16. In order to implement Specific Appropriations
454	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
455	(b) of subsection (3) of section 16.555, Florida Statutes, is
456	amended to read:
457	16.555 Crime Stoppers Trust Fund; rulemaking.--
458	(3)
459	(b) For the 2003-20042002-2003 statefiscal year only,
460	and notwithstanding any provision of this section to the
461	contrary, moneys in the trust fund may also be used to pay for
462	salaries and benefits and other expenses of the department. This
463	paragraph expires July 1, 20042003.
464	Section 17. In order to implement Specific Appropriations
465	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
466	(b) of subsection (2) of section 860.158, Florida Statutes, is
467	amended to read:
468	860.158 Florida Motor Vehicle Theft Prevention Trust
469	Fund.--
470	(2)
471	(b) For the 2003-20042002-2003fiscal year only, and
472	notwithstanding s. 320.08046, the use of funds allocated to the
473	Florida Motor Vehicle Theft Prevention Trust Fund may also be as
474	provided in the General Appropriations Act. This paragraph
475	expires July 1, 20042003.
476	Section 18. In order to implement Specific Appropriation
477	1164 of the 2003-2004 General Appropriations Act, paragraph (d)
478	of subsection (4) of section 932.7055, Florida Statutes, is
479	amended to read:
480	932.7055 Disposition of liens and forfeited property.--
481	(4)
482	(d) Notwithstanding any other provision of this
483	subsection, and for the 2003-20042002-2003fiscal year only,
484	the funds in a special law enforcement trust fund established by
485	the governing body of a municipality may be expended to
486	reimburse the general fund of the municipality for moneys
487	advanced from the general fund to the special law enforcement
488	trust fund prior to October 1, 2001. This paragraph expires July
489	1, 20042003.
490	Section 19. In order to implement Specific Appropriation
491	1394A of the 2003-2004 General Appropriations Act, paragraph (b)
492	of subsection (2) of section 581.184, Florida Statutes, is
493	amended to read:
494	581.184 Adoption of rules; citrus canker eradication;
495	voluntary destruction agreements.--
496	(2)
497	(b) Notwithstanding the provisions of paragraph (a), and
498	for the 2003-20042002-2003fiscal year only, notice of the
499	removal of infected citrus trees and citrus trees exposed to
500	infection, by immediate final order, shall be provided to the
501	owner of the property on which such trees are located. This
502	paragraph expires July 1, 20042003.
503	Section 20. In order to implement section 23 of the 2003-
504	2004 General Appropriations Act, paragraph (b) of subsection (2)
505	and subsection (6) of section 581.1845, Florida Statutes, are
506	amended to read:
507	581.1845 Citrus canker eradication; compensation to
508	homeowners whose trees have been removed.--
509	(2)
510	(b) Notwithstanding subparagraph (a)1., and for
511	compensation during the 2003-20042002-2003fiscal year only, to
512	be eligible to receive compensation under the program for
513	residential property where one or more citrus trees have been
514	removed on or after July 1, 2001, as part of a citrus canker
515	eradication program, a homeowner must be the homeowner of record
516	on the date the trees were removed. This paragraph expires July
517	1, 20042003.
518	(6) For the 2003-20042002-2003 fiscal year only,and
519	notwithstanding the $100-compensation amount specified in
520	subsection (3), the amount of compensation for each tree removed
521	from residential property by the citrus canker eradication
522	program shall be $55. This subsection expires July 1, 20042003.
523	Section 21. In order to implement Specific Appropriation
524	1700 of the 2003-2004 General Appropriations Act, subsection (2)
525	of section 215.981, Florida Statutes, is amended to read:
526	215.981 Audits of state agency direct-support
527	organizations and citizen support organizations.--
528	(2) Notwithstanding the provisions of subsection (1), and
529	for the 2003-20042002-2003fiscal year only, citizen support
530	organizations for the Department of Environmental Protection
531	that are not for profit and that have annual expenditures of
532	less than $100,000 are not required to have an independent
533	audit. This subsection expires July 1, 20042003.
534	Section 22. In order to implement Specific Appropriations
535	2804 and 2819 of the 2003-2004 General Appropriations Act,
536	subsection (4) of section 61.1826, Florida Statutes, is amended
537	to read:
538	61.1826 Procurement of services for State Disbursement
539	Unit and the non-Title IV-D component of the State Case
540	Registry; contracts and cooperative agreements; penalties;
541	withholding payment.--
542	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
543	contract between the Florida Association of Court Clerks and the
544	department, and cooperative agreements entered into by the
545	depositories and the department, must contain, but are not
546	limited to, the following terms:
547	(a) The initial term of the contract and cooperative
548	agreements is for 5 years. The subsequent term of the contract
549	and cooperative agreements is for 3 years, with the option of
550	two 1-year renewal periods, at the sole discretion of the
551	department.
552	(b) The duties and responsibilities of the Florida
553	Association of Court Clerks, the depositories, and the
554	department.
555	(c) Under s. 287.058(1)(a), all providers and
556	subcontractors shall submit to the department directly, or
557	through the Florida Association of Court Clerks, a report of
558	monthly expenditures in a format prescribed by the department
559	and in sufficient detail for a proper preaudit and postaudit
560	thereof.
561	(d) All providers and subcontractors shall submit to the
562	department directly, or through the Florida Association of Court
563	Clerks, management reports in a format prescribed by the
564	department.
565	(e) All subcontractors shall comply with chapter 280, as
566	may be required.
567	(f) Federal financial participation for eligible Title IV-
568	D expenditures incurred by the Florida Association of Court
569	Clerks and the depositories shall be at the maximum level
570	permitted by federal law for expenditures incurred for the
571	provision of services in support of child support enforcement in
572	accordance with 45 C.F.R. part 74 and Federal Office of
573	Management and Budget Circulars A-87 and A-122 and based on an
574	annual cost allocation study of each depository. The
575	depositories shall submit directly, or through the Florida
576	Association of Court Clerks, claims for Title IV-D expenditures
577	monthly to the department in a standardized format as prescribed
578	by the department. The Florida Association of Court Clerks shall
579	contract with a certified public accounting firm, selected by
580	the Florida Association of Court Clerks and the department, to
581	audit and certify quarterly to the department all claims for
582	expenditures submitted by the depositories for Title IV-D
583	reimbursement.
584	(g) Upon termination of the contracts between the
585	department and the Florida Association of Court Clerks or the
586	depositories, the Florida Association of Court Clerks, its
587	agents, and the depositories shall assist the department in
588	making an orderly transition to a private vendor.
589	(h) Interest on late payment by the department shall be in
590	accordance with s. 215.422.
591
592	If either the department or the Florida Association of Court
593	Clerks objects to a term of the standard cooperative agreement
594	or contract specified in subsections (2) and (3), the Chief
595	Financial Officer, with approval from the Governor and Cabinet,
596	shall appoint a third party todisputed term or terms shall be
597	presented jointly by the parties to the Attorney General or the
598	Attorney General's designee, who shall act as special master.
599	The special master shall resolve disputes between the department
600	and the Florida Association of Court Clerks related to
601	negotiation for and performance under the current contract and
602	any extended contract or subsequent contract. Additionally, the
603	special master shall resolve disputes relating to the
604	conformance of the state disbursement unit operations to the
605	recommendations in the audit performed by the chief financial
606	officer, or to any other audit duly conducted pursuant to state
607	or federal law.The special master shall resolve the dispute in
608	writing within 10 days. The resolution of a dispute by the
609	special master is binding on the department and the Florida
610	Association of Court Clerks.
611	Section 23. The amendment of subsection (4) of s. 61.1826,
612	Florida Statutes, by this act shall expire on July 1, 2004, and
613	the text of that subsection shall revert to that in existence on
614	June 30, 2003, except that any amendments to such text enacted
615	other than by this act shall be preserved and continue to
616	operate to the extent that such amendments are not dependent
617	upon the portions of such text which expire pursuant to the
618	provisions of this act.
619	Section 24. In order to implement Specific Appropriations
620	2592-2598A of the 2003-2004 General Appropriations Act,
621	subsection (4) of section 287.161, Florida Statutes, is amended
622	to read:
623	287.161 Executive aircraft pool; assignment of aircraft;
624	charge for transportation.--
625	(4) Notwithstanding the requirements of subsections (2)
626	and (3), and for the 2003-20042002-2003fiscal year only, the
627	Department of Management Services shall charge all persons
628	receiving transportation from the executive aircraft pool a rate
629	not less than the mileage allowance fixed by the Legislature for
630	the use of privately owned vehicles. Fees collected for persons
631	traveling by aircraft in the executive aircraft pool shall be
632	deposited into the Bureau of Aircraft Trust Fund and shall be
633	expended for costs incurred to operate the aircraft management
634	activities of the department. It is the intent of the
635	Legislature that the executive aircraft pool be operated on a
636	full cost recovery basis, less available funds. This subsection
637	expires July 1, 20042003.
638	Section 25. In order to implement Specific Appropriation
639	2636 of the 2003-2004 General Appropriations Act, subsection (2)
640	of section 110.116, Florida Statutes, is amended to read:
641	110.116 Personnel information system; payroll
642	procedures.--
643	(2) For the 2003-20042002-2003fiscal year only, and
644	notwithstanding the requirements of s. 215.94(5) that the
645	department design, implement, and operate the system and of s.
646	110.201(1)(e) that the individual employing agencies maintain
647	records and reports, the department is authorized to contract
648	with a vendor to provide the personnel information system for
649	state agencies. The vendor may assist the department in
650	compiling and reporting personnel data and may assist the
651	employing agencies in maintaining personnel records. This
652	subsection expires July 1, 20042003.
653	Section 26. In order to implement Specific Appropriation
654	2633A of the 2003-2004 General Appropriations Act, paragraph (a)
655	of subsection (1) of section 110.152, Florida Statutes, is
656	amended to read:
657	110.152 Adoption benefits for state employees; parental
658	leave.--
659	(1)(a)1. Any full-time or part-time employee of the state
660	who is paid from regular salary appropriations and who adopts a
661	special-needs child, as defined in paragraph (b), is eligible to
662	receive a monetary benefit in the amount of $10,000 per child,
663	$5,000 of which is payable in equal monthly installments over a
664	2-year period. Any employee of the state who adopts a child
665	whose permanent custody has been awarded to the Department of
666	Children and Family Services or to a Florida-licensed child-
667	placing agency, other than a special-needs child as defined in
668	paragraph (b), shall be eligible to receive a monetary benefit
669	in the amount of $5,000 per child, $2,000 of which is payable in
670	equal monthly installments over a 2-year period. Benefits paid
671	under this subsection to a part-time employee must be prorated
672	based on the employee's full-time-equivalency status at the time
673	of applying for the benefits.
674	2. For the 2003-20042002-2003fiscal year only, the
675	Department of Management Services is authorized to make lump-sum
676	payments for adoption benefits awarded during fiscal years 2000-
677	2001 and 2001-2002. This subparagraph expires July 1, 20042003.
678	Section 27. In order to implement Specific Appropriations
679	of funds in Salaries and Benefits categories of the 2003-2004
680	General Appropriations Act, and effective upon this act becoming
681	a law, section 110.2035, Florida Statutes, as amended by section
682	43 of chapter 2002-402, Laws of Florida, is amended to read:
683	110.2035 Classification and compensation program.--
684	(1) The Department of Management Services, in consultation
685	with the Executive Office of the Governor and the Legislature,
686	shall establish and maintaindevelopa classification and
687	compensation program addressing. This program shall be developed
688	for use by all state agencies and shall addressCareer Service,
689	Selected Exempt Service, and Senior Management Service positions
690	classes.
691	(2) The program shall consist of the following:
692	(a) A position classification system using no more than 38
693	50occupational groups and up to a 6-class series structure for
694	each occupation within an occupational group. Additional
695	occupational groups may be established only by the Executive
696	Office of the Governor after consultation with the Legislature.
697	(b) A pay plan that shall provide broad-based salary
698	ranges for each occupational group and shall consist of no more
699	than 25 pay bands.
700	(3) The following goals shall be considered in designing
701	and implementing and maintainingthe program:
702	(a) The classification system must significantly reduce
703	the need to reclassify positions due to work assignment and
704	organizational changes by decreasing the number of
705	classification changes required.
706	(b) The classification system must establish broad-based
707	classes allowing flexibility in organizational structure and
708	must reduce the levels of supervisory classes.
709	(c) The classification system and pay plan must emphasize
710	pay administration and job-performance evaluation by management
711	rather than emphasize use of the classification system to award
712	salary increases.
713	(d) The pay administration system must contain provisions
714	to allow managers the flexibility to move employees through the
715	pay ranges and provide for salary increase additives and lump-
716	sum bonuses, if authorized by the Legislature.
717	(4) The classification system shall be structured such
718	that each confidential, managerial, and supervisory employee
719	shall be included in the Selected Exempt Service, in accordance
720	with part V of this chapter.
721	(5) The Department of Management Services shall submit the
722	proposed design of the classification and compensation program
723	to the Executive Office of the Governor, the presiding officers
724	of the Legislature, and the appropriate legislative fiscal and
725	substantive standing committees on or before December 1, 2001.
726	(5)(6)The department shall establish, by rule, guidelines
727	with respect to, and shall delegate to the employing agencies,
728	where appropriate, the authority to administer the following:
729	(a) Shift differentials.
730	(b) On-call fees.
731	(c) Hazardous-duty pay.
732	(d) Advanced appointment rates.
733	(e) Salary increase and decrease corrections.
734	(f) Lead-worker pay.
735	(g) Temporary special duties pay.
736	(h) Trainer-additive pay.
737	(i) Competitive area differentials.
738	(j) Coordinator pay.
739	(k) Critical market pay.
740
741	The employing agency must use such pay additives as are
742	appropriate within the guidelines established by the department
743	and shall advise the department in writing of the plan for
744	implementing such pay additives prior to the implementation
745	date. Any action by an employing agency to implement temporary
746	special duties pay, competitive area differentials, or critical
747	market pay may be implemented only after the department has
748	reviewed and recommended such action; however, an employing
749	agency may use temporary special duties pay for up to 3 months
750	without prior review by the department. The department shall
751	annually provide a summary report of the pay additives
752	implemented pursuant to this section.
753	(6) The department shall adopt any rules necessary to
754	implement the classification and compensation program to include
755	Career Service, Selected Exempt Service, and Senior Management
756	Service positions consistent with the plan submitted to the
757	Legislature on December 1, 2001; however, the adopted plan shall
758	include pay bandwidths of 150 percent for each occupational
759	group except the manager and executive occupational groups. The
760	department may adopt emergency rules if necessary to implement
761	this program by July 1, 2003.
762	Section 28. The amendment of s. 110.2035, Florida
763	Statutes, by this act shall expire on July 1, 2004, and the text
764	of that section shall revert to that in existence on June 30,
765	2003, except that any amendments to such text enacted other than
766	by this act shall be preserved and continue to operate to the
767	extent that such amendments are not dependent upon the portions
768	of such text which expire pursuant to the provisions of this
769	act.
770	Section 29. In order to implement Specific Appropriation
771	1949B of the 2003-2004 General Appropriations Act, subsection
772	(7) of section 110.12315, Florida Statutes, is amended to read:
773	110.12315 Prescription drug program.--The state employees'
774	prescription drug program is established. This program shall be
775	administered by the Department of Management Services, according
776	to the terms and conditions of the plan as established by the
777	relevant provisions of the annual General Appropriations Act and
778	implementing legislation, subject to the following conditions:
779	(7) Under the state employees' prescription drug program
780	copayments must be made as follows:
781	(a) Effective January 1, 2001:
782	1. For generic drug with card $7.
783	2. For preferred brand name drug with card $20.
784	3. For nonpreferred brand name drug with card $35.
785	4. For generic mail order drug $10.50.
786	5. For preferred brand name mail order drug $30.
787	6. For nonpreferred brand name drug $52.50.
788	(b) The Department of Management Services shall create a
789	preferred brand name drug list to be used in the administration
790	of the state employees' prescription drug program.
791
792	This subsection expires July 1, 20042003.
793	Section 30. In order to implement Specific Appropriation
794	1949B of the 2003-2004 General Appropriations Act, section
795	110.1239, Florida Statutes, is amended to read:
796	110.1239 State group health insurance program
797	funding.--For the 2003-20042002-2003fiscal year only, it is
798	the intent of the Legislature that the state group health
799	insurance program be managed, administered, operated, and funded
800	in such a manner as to maximize the protection of state employee
801	health insurance benefits. Inherent in this intent is the
802	recognition that the health insurance liabilities attributable
803	to the benefits offered state employees should be fairly,
804	orderly, and equitably funded. Accordingly:
805	(1) The division shall determine the level of premiums
806	necessary to fully fund the state group health insurance program
807	for the next fiscal year. Such determination shall be made after
808	each Self-Insurance Estimating Conference as provided in s.
809	216.136(11), but not later than December 1 and April 1 of each
810	fiscal year.
811	(2) The Governor, in the Governor's recommended budget,
812	shall provide premium rates necessary for full funding of the
813	state group health insurance program, and the Legislature shall
814	provide in the General Appropriations Act for a premium level
815	necessary for full funding of the state group health insurance
816	program.
817	(3) For purposes of funding, any additional appropriation
818	amounts allocated to the state group health insurance program by
819	the Legislature shall be considered as a state contribution and
820	thus an increase in the state premiums.
821	(4) This section expires July 1, 20042003.
822	Section 31. In order to implement sections 2-7 of the
823	2003-2004 General Appropriations Act, paragraph (c) of
824	subsection (5) and paragraph (d) of subsection (6) of section
825	112.061, Florida Statutes, are amended to read:
826	112.061 Per diem and travel expenses of public officers,
827	employees, and authorized persons.--
828	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
829	purposes of reimbursement and methods of calculating fractional
830	days of travel, the following principles are prescribed:
831	(c) For the 2003-20042002-2003 fiscal year only,and
832	notwithstanding the other provisions of this subsection, for
833	Class C travel, a state traveler shall not be reimbursed on a
834	per diem basis nor shall a traveler receive subsistence
835	allowance. This paragraph expires July 1, 20042003.
836	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
837	purposes of reimbursement rates and methods of calculation, per
838	diem and subsistence allowances are divided into the following
839	groups and rates:
840	(d) For the 2003-20042002-2003 fiscal year only,and
841	notwithstanding the other provisions of this subsection, for
842	Class C travel, a state traveler shall not be reimbursed on a
843	per diem basis nor shall a traveler receive subsistence
844	allowance. This paragraph expires July 1, 20042003.
845	Section 32. In order to implement Specific Appropriation
846	1950B of the 2003-2004 General Appropriations Act, paragraph (a)
847	of subsection (13) of section 121.091, Florida Statutes, is
848	amended to read:
849	121.091 Benefits payable under the system.--Benefits may
850	not be paid under this section unless the member has terminated
851	employment as provided in s. 121.021(39)(a) or begun
852	participation in the Deferred Retirement Option Program as
853	provided in subsection (13), and a proper application has been
854	filed in the manner prescribed by the department. The department
855	may cancel an application for retirement benefits when the
856	member or beneficiary fails to timely provide the information
857	and documents required by this chapter and the department's
858	rules. The department shall adopt rules establishing procedures
859	for application for retirement benefits and for the cancellation
860	of such application when the required information or documents
861	are not received.
862	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
863	subject to the provisions of this section, the Deferred
864	Retirement Option Program, hereinafter referred to as the DROP,
865	is a program under which an eligible member of the Florida
866	Retirement System may elect to participate, deferring receipt of
867	retirement benefits while continuing employment with his or her
868	Florida Retirement System employer. The deferred monthly
869	benefits shall accrue in the System Trust Fund on behalf of the
870	participant, plus interest compounded monthly, for the specified
871	period of the DROP participation, as provided in paragraph (c).
872	Upon termination of employment, the participant shall receive
873	the total DROP benefits and begin to receive the previously
874	determined normal retirement benefits. Participation in the DROP
875	does not guarantee employment for the specified period of DROP.
876	(a) Eligibility of member to participate in the DROP.--All
877	active Florida Retirement System members in a regularly
878	established position, and all active members of either the
879	Teachers' Retirement System established in chapter 238 or the
880	State and County Officers' and Employees' Retirement System
881	established in chapter 122 which systems are consolidated within
882	the Florida Retirement System under s. 121.011, are eligible to
883	elect participation in the DROP provided that:
884	1. The member is not a renewed member of the Florida
885	Retirement System under s. 121.122, or a member of the State
886	Community College System Optional Retirement Program under s.
887	121.051, the Senior Management Service Optional Annuity Program
888	under s. 121.055, or the optional retirement program for the
889	State University System under s. 121.35.
890	2. Except as provided in subparagraph 6., election to
891	participate is made within 12 months immediately following the
892	date on which the member first reaches normal retirement date,
893	or, for a member who reaches normal retirement date based on
894	service before he or she reaches age 62, or age 55 for Special
895	Risk Class members, election to participate may be deferred to
896	the 12 months immediately following the date the member attains
897	57, or age 52 for Special Risk Class members. For a member who
898	first reached normal retirement date or the deferred eligibility
899	date described above prior to the effective date of this
900	section, election to participate shall be made within 12 months
901	after the effective date of this section. A member who fails to
902	make an election within such 12-month limitation period shall
903	forfeit all rights to participate in the DROP. The member shall
904	advise his or her employer and the division in writing of the
905	date on which the DROP shall begin. Such beginning date may be
906	subsequent to the 12-month election period, but must be within
907	the 60-month limitation period as provided in subparagraph (b)1.
908	When establishing eligibility of the member to participate in
909	the DROP for the 60-month maximum participation period, the
910	member may elect to include or exclude any optional service
911	credit purchased by the member from the total service used to
912	establish the normal retirement date. A member with dual normal
913	retirement dates shall be eligible to elect to participate in
914	DROP within 12 months after attaining normal retirement date in
915	either class.
916	3. The employer of a member electing to participate in the
917	DROP, or employers if dually employed, shall acknowledge in
918	writing to the division the date the member's participation in
919	the DROP begins and the date the member's employment and DROP
920	participation will terminate.
921	4. Simultaneous employment of a participant by additional
922	Florida Retirement System employers subsequent to the
923	commencement of participation in the DROP shall be permissible
924	provided such employers acknowledge in writing a DROP
925	termination date no later than the participant's existing
926	termination date or the 60-month limitation period as provided
927	in subparagraph (b)1.
928	5. A DROP participant may change employers while
929	participating in the DROP, subject to the following:
930	a. A change of employment must take place without a break
931	in service so that the member receives salary for each month of
932	continuous DROP participation. If a member receives no salary
933	during a month, DROP participation shall cease unless the
934	employer verifies a continuation of the employment relationship
935	for such participant pursuant to s. 121.021(39)(b).
936	b. Such participant and new employer shall notify the
937	division on forms required by the division as to the identity of
938	the new employer.
939	c. The new employer shall acknowledge, in writing, the
940	participant's DROP termination date, which may be extended but
941	not beyond the original 60-month period provided in subparagraph
942	(b)1., shall acknowledge liability for any additional retirement
943	contributions and interest required if the participant fails to
944	timely terminate employment, and shall be subject to the
945	adjustment required in sub-subparagraph (c)5.d.
946	6. Effective July 1, 2001, for instructional personnel as
947	defined in s. 1012.01(2), election to participate in the DROP
948	shall be made at any time following the date on which the member
949	first reaches normal retirement date. The member shall advise
950	his or her employer and the division in writing of the date on
951	which the Deferred Retirement Option Program shall begin. When
952	establishing eligibility of the member to participate in the
953	DROP for the 60-month maximum participation period, as provided
954	in subparagraph (b)1., the member may elect to include or
955	exclude any optional service credit purchased by the member from
956	the total service used to establish the normal retirement date.
957	A member with dual normal retirement dates shall be eligible to
958	elect to participate in either class.
959	7. Beginning July 1, 2003, there shall be a period of 45
960	days within which administrative personnel as defined in s.
961	1012.01(3) who have reached normal retirement date, who have not
962	retired, and who did not elect to participate in the DROP within
963	1 year of reaching normal retirement date may elect to
964	participate in the DROP. This subparagraph expires July 1, 2004.
965	Section 33. In order to implement Specific Appropriations
966	1417-1419, 1421-1424, 1426, 1427, 1430, 1432, 1434, 1436-1438,
967	1439, 1439K-1443, and 1446-1450 of the 2003-2004 General
968	Appropriations Act, paragraphs (b) and (c) of subsection (1) of
969	section 252.373, Florida Statutes, are amended to read:
970	252.373 Allocation of funds; rules.--
971	(1)
972	(b) Notwithstanding the provisions of paragraph (a), and
973	for the 2003-20042002-2003fiscal year only, the use of the
974	Emergency Management, Preparedness, and Assistance Trust Fund
975	shall be as provided in the General Appropriations Act. This
976	paragraph expires on July 1, 20042003.
977	(c) Notwithstanding the provisions of paragraph (a), and
978	for the 2003-20042002-2003fiscal year only, the Department of
979	Community Affairs shall conduct a review of funds available in
980	the Emergency Management, Preparedness, and Assistance Trust
981	Fund. By December 311, 20032002, when actual receipts for the
982	2002-20032001-2002fiscal year are determined, the Department
983	of Community Affairs may identify any funds that were unspent or
984	unencumbered in the 2002-20032001-2002 fiscal year that are not
985	required to implement appropriations for the 2002-2003 fiscal
986	year from the Emergency Management, Preparedness, and Assistance
987	Trust Fund, and such funds may be transferred to the Grants and
988	Donations Trust Fund to be used for the state portion of the
989	match requirements for current federally approved disaster
990	Hazard Mitigation Grant Programprojects. This paragraph expires
991	July 1, 20042003.
992	Section 34. In order to implement Specific Appropriations
993	1432A, 1438A-1438I, 1438K, 1438L, 1438N, and 1439E-1439J of the
994	2003-2004 General Appropriations Act, subsection (8) of section
995	215.559, Florida Statutes, is renumbered as subsection (9), and
996	a new subsection (8) is added to said section to read:
997	215.559 Hurricane Loss Mitigation Program.--
998	(8) Notwithstanding the provisions of subsection (5), and
999	for the 2003-2004 fiscal year only, the use of the Florida
1000	Hurricane Catastrophe Fund shall be as provided in the General
1001	Appropriations Act. This subsection expires on July 1, 2004.
1002	Section 35. In order to implement Specific Appropriation
1003	1303A of the 2003-2004 General Appropriations Act, paragraph (e)
1004	is added to subsection (13) of section 253.025, Florida
1005	Statutes, to read:
1006	253.025 Acquisition of state lands for purposes other than
1007	preservation, conservation, and recreation.--
1008	(13)
1009	(e) For the 2003-2004 fiscal year only, the use of funds
1010	allocated to the Relocation and Construction Trust Fund shall be
1011	as provided in the General Appropriations Act. This paragraph
1012	expires July 1, 2004.
1013	Section 36. In order to implement Specific Appropriation
1014	1520A of the 2003-2004 General Appropriations Act, section
1015	373.4145, Florida Statutes, is amended to read:
1016	373.4145 Interim part IV permitting program for the
1017	Northwest Florida Water Management District.--
1018	(1) Within the geographical jurisdiction of the Northwest
1019	Florida Water Management District, the permitting authority of
1020	the department under this part shall consist solely of the
1021	following, notwithstanding the rule adoption deadline in s.
1022	373.414(9):
1023	(a) Chapter 17-25, Florida Administrative Code, shall
1024	remain in full force and effect, and shall be implemented by the
1025	department. Notwithstanding the provisions of this section,
1026	chapter 17-25, Florida Administrative Code, may be amended by
1027	the department as necessary to comply with any requirements of
1028	state or federal laws or regulations, or any condition imposed
1029	by a federal program, or as a requirement for receipt of federal
1030	grant funds.
1031	(b) Rules adopted pursuant to the authority of ss. 403.91-
1032	403.929, 1984 Supplement to the Florida Statutes 1983, as
1033	amended, in effect prior to July 1, 1994, shall remain in full
1034	force and effect, and shall be implemented by the department.
1035	However, the department is authorized to establish additional
1036	exemptions and general permits for dredging and filling, if such
1037	exemptions or general permits do not allow significant adverse
1038	impacts to occur individually or cumulatively. However, for the
1039	purpose of chapter 17-312, Florida Administrative Code, the
1040	landward extent of surface waters of the state identified in
1041	rule 17-312.030(2), Florida Administrative Code, shall be
1042	determined in accordance with the methodology in rules 17-
1043	340.100 through 17-340.600, Florida Administrative Code, as
1044	ratified in s. 373.4211, upon the effective date of such
1045	ratified methodology. In implementing s. 373.421(2), the
1046	department shall determine the extent of those surface waters
1047	and wetlands within the regulatory authority of the department
1048	as described in this paragraph. At the request of the
1049	petitioner, the department shall also determine the extent of
1050	surface waters and wetlands which can be delineated by the
1051	methodology ratified in s. 373.4211, but which are not subject
1052	to the regulatory authority of the department as described in
1053	this paragraph.
1054	(c) The department may implement chapter 40A-4, Florida
1055	Administrative Code, in effect prior to July 1, 1994, pursuant
1056	to an interagency agreement with the Northwest Florida Water
1057	Management District adopted under s. 373.046(4).
1058	(2) The authority of the Northwest Florida Water
1059	Management District to implement this part or to implement any
1060	authority pursuant to delegation by the department shall not be
1061	affected by this section. The rule adoption deadline in s.
1062	373.414(9) shall not apply to said district.
1063	(3) The division of permitting responsibilities in s.
1064	373.046(4) shall not apply within the geographical jurisdiction
1065	of the Northwest Florida Water Management District.
1066	(4) If the United States Environmental Protection Agency
1067	approves an assumption of the federal program to regulate the
1068	discharge of dredged or fill material by the department or the
1069	water management districts, or both, pursuant to s. 404 of the
1070	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
1071	1251 et seq.; the United States Army Corps of Engineers issues
1072	one or more state programmatic general permits under the
1073	referenced statutes; or the United States Environmental
1074	Protection Agency or the United States Corps of Engineers
1075	approves any other delegation of regulatory authority under the
1076	referenced statutes, then the department may implement any
1077	permitting authority granted in this part within the Northwest
1078	Florida Water Management District which is prescribed as a
1079	condition of granting such assumption, general permit, or
1080	delegation.
1081	(5) Within the geographical jurisdiction of the Northwest
1082	Florida Water Management District, the methodology for
1083	determining the landward extent of surface waters of the state
1084	under chapter 403 in effect prior to the effective date of the
1085	methodology ratified in s. 373.4211 shall apply to:
1086	(a) Activities permitted under the rules adopted pursuant
1087	to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
1088	1983, as amended, or which were exempted from regulation under
1089	such rules, prior to July 1, 1994, and which were permitted
1090	under chapter 17-25, Florida Administrative Code, or exempt from
1091	chapter 17-25, Florida Administrative Code, prior to July 1,
1092	1994, provided:
1093	1. An activity authorized by such permits is conducted in
1094	accordance with the plans, terms, and conditions of such
1095	permits.
1096	2. An activity exempted from the permitting requirements
1097	of the rules adopted pursuant to ss. 403.91-403.929, 1984
1098	Supplement to the Florida Statutes 1983, as amended, or chapter
1099	17-25, Florida Administrative Code, is:
1100	a. Commenced prior to July 1, 1994, and completed by July
1101	1, 1999;
1102	b. Conducted in accordance with a plan depicting the
1103	activity which has been submitted to and approved for
1104	construction by the department, the appropriate local
1105	government, the United States Army Corps of Engineers, or the
1106	Northwest Florida Water Management District; and
1107	c. Conducted in accordance with the terms of the
1108	exemption.
1109	(b) An activity within the boundaries of a valid
1110	jurisdictional declaratory statement issued pursuant to s.
1111	403.914, 1984 Supplement to the Florida Statutes 1983, as
1112	amended, or the rules adopted thereunder, in response to a
1113	petition received prior to June 1, 1994.
1114	(c) Any modification of a permitted or exempt activity as
1115	described in paragraph (a) which does not constitute a
1116	substantial modification or which lessens the environmental
1117	impact of such permitted or exempt activity. For the purposes of
1118	this section, a substantial modification is one which is
1119	reasonably expected to lead to substantially different
1120	environmental impacts.
1121	(d) Applications for activities permitted under the rules
1122	adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
1123	1983 Florida Statutes, as amended, which were pending on June
1124	15, 1994, unless the application elects to have applied the
1125	delineation methodology ratified in s. 373.4211.
1126	(6) Subsections (1), (2), (3), and (4) shall be repealed
1127	effective July 1, 20042003.
1128	(7)(a) The department and the Northwest Florida Water
1129	Management District are directed to begin developing a plan by
1130	which the permitting for activities proposed in surface waters
1131	and wetlands shall fully comply with the provisions of this
1132	part, beginning July 1, 20042003. The plan also shall address
1133	the division of environmental resource permitting
1134	responsibilities between the department and the Northwest
1135	Florida Water Management District; the methodology of
1136	delineating wetlands in the Northwest Florida Water Management
1137	District; authority of the Northwest Florida Water Management
1138	District to implement federal permitting programs related to
1139	activities in surface waters and wetlands; and the chapter 70
1140	implications of implementing the provisions of this part within
1141	the jurisdiction of the Northwest Florida Water Management
1142	District.
1143	(b) The department and Northwest Florida Water Management
1144	District shall jointly prepare an interim report on their
1145	progress in developing the aforementioned plan, to be presented
1146	March 1, 2001 to the Governor, the President of the Senate, the
1147	Speaker of the House of Representatives, and the chairs of the
1148	relevant substantive and fiscal committees. The department and
1149	district shall present a final report on March 1, 2003.
1150	(c) Any jurisdictional declaratory statement issued for a
1151	project within the geographic jurisdiction of the Northwest
1152	Florida Water Management District that is valid on July 1, 1999,
1153	and for which there has been issued a permit pursuant to this
1154	chapter and chapter 403 for a phase of that project and which
1155	identified proposed future development, including mitigation,
1156	that would require an additional permit pursuant to this chapter
1157	and chapter 403 shall not expire until January 1, 2002.
1158	Section 37. In order to implement Specific Appropriations
1159	1452-1459A of the 2003-2004 General Appropriations Act,
1160	subsection (4) of section 290.044, Florida Statutes, is amended
1161	to read:
1162	290.044 Florida Small Cities Community Development Block
1163	Grant Program Fund; administration; distribution.--
1164	(4) The percentage of funds distributed in each of the
1165	grant program categories from federal funds for federal fiscal
1166	year 1985 shall be established by the Legislature in the
1167	appropriation process for the 1984 regular session and shall be
1168	established annually thereafter in the same manner. The
1169	department shall submit its recommendation on the distribution
1170	percentages to the Governor and Legislature as part of its
1171	regular budget proposals. The department may set asideshall
1172	provide for the set-aside of an amount of up to 510percent of
1173	the funds allocated to the neighborhood revitalization category
1174	in its distribution percentagesfor use in any eligible local
1175	government jurisdiction for which an emergency or natural
1176	disaster has been declared by executive order. Such funds may
1177	only be provided to a local government to fund eligible
1178	emergency-related activities for which no other source of
1179	federal, state, or local disaster funds is available. The
1180	department mayshallprovide for such set-aside by rule. In the
1181	last quarter of the state fiscal year, any funds not allocated
1182	under the emergency-related set-aside shall be used to fully
1183	fund any applications which were partially funded due to
1184	inadequate funds in the most recently completed neighborhood
1185	revitalization category funding cycle, and then any remaining
1186	funds shall be distributed to the next unfunded applications.
1187	Section 38. The amendment of subsection (4) of s. 290.044,
1188	Florida Statutes, by this act shall expire on July 1, 2004, and
1189	the text of that subsection shall revert to that in existence on
1190	June 30, 2003, except that any amendments to such text enacted
1191	other than by this act shall be preserved and continue to
1192	operate to the extent that such amendments are not dependent
1193	upon the portions of such text which expire pursuant to the
1194	provisions of this act.
1195	Section 39. In order to implement Specific Appropriations
1196	2863-2931A of the 2003-2004 General Appropriations Act, section
1197	15.09, Florida Statutes, is amended to read:
1198	15.09 Fees.--
1199	(1) The fees, except as provided by law, to be collected
1200	by the Department of State, are:
1201	(a) For searching of papers or records, $3.50, except that
1202	there shall be no charge for telephone requests for general
1203	corporate information, including the corporation's status, names
1204	of officers and directors, address of principal place of
1205	business, and name and address of resident agent.
1206	(b) For providing a certificate with seal, $8.75; however,
1207	no fee shall be charged for providing a certificate with seal to
1208	any officer appointed to an office requiring Senate
1209	confirmation.
1210	(c) For furnishing statistical information and for copying
1211	any document not mentioned, $1 per page or fraction thereof.
1212	(2) The department may in its discretion establish a
1213	reasonable fee for filing or copying any document or instrument
1214	not mentioned herein or provided for in other laws.
1215	(3) All fees arising from certificates of election or
1216	appointment to office and from commissions to officers shall be
1217	paid to the Treasurer for deposit in the General Revenue Fund.
1218	(4) All funds collected by the Division of Corporations of
1219	the department shall be deposited in the Corporations Trust
1220	Fund.
1221	(5)(a) There is created within the Department of State a
1222	Public Access Data Systems Trust Fund, which shall be used by
1223	the department to purchase information systems and equipment
1224	that provide greater public accessibility to the information and
1225	records maintained by it. Notwithstanding any other provision of
1226	law, the Divisions of Licensing, Elections, and Corporations of
1227	the department shall transfer each fiscal year to the Public
1228	Access Data Systems Trust Fund from their respective trust
1229	funds:
1230	1. An amount equal to 2 percent of all revenues received
1231	for the processing of documents, filings, or information
1232	requests.
1233	2. All public access network revenues collected pursuant
1234	to s. 15.16 or s. 119.085.
1235	(b) Funds from the Public Access Data Systems Trust Fund
1236	may be appropriated for the operations of the department.
1237	Section 40. The amendment of s. 15.09, Florida Statutes,
1238	by this act shall expire on July 1, 2004, and the text of that
1239	section shall revert to that in existence on June 30, 2003,
1240	except that any amendments to such text enacted other than by
1241	this act shall be preserved and continue to operate to the
1242	extent that such amendments are not dependent upon the portions
1243	of such text which expire pursuant to the provisions of this
1244	act.
1245	Section 41. In order to implement Specific Appropriations
1246	2863-2931A of the 2003-2004 General Appropriations Act,
1247	subsection (1) of section 265.2861, Florida Statutes, is amended
1248	to read:
1249	265.2861 Cultural Institutions Program; trust fund.--
1250	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
1251	Cultural Institutions Trust Fund to be administered by the
1252	Department of State for the purposes set forth in this section.
1253	and to support the following programs as follows:
1254	(a) For statewide arts grants, $2.7 million.
1255	(b) For arts in education and visiting arts programs,
1256	$250,000.
1257	(c) For the State Touring Program, $200,000. First
1258	priority for the issuance of State Touring Program grants shall
1259	be given to applicants that reside in counties with a population
1260	of 75,000 or less.
1261	(d) For local arts agencies or state service
1262	organizations, $400,000.
1263	(e)1. For the officially designated Art Museum of the
1264	State of Florida described in s. 1004.45, $2.2 million, and for
1265	state-owned cultural facilities assigned to the Department of
1266	State, which receive a portion of any operating funds from the
1267	Department of State and one of the primary purposes of which is
1268	the presentation of fine arts or performing arts, $500,000.
1269	2. For fiscal year 2001-2002 only, the provisions of
1270	subparagraph 1. relating to state-owned cultural facilities
1271	shall not be applicable. This subparagraph expires July 1, 2002.
1272
1273	The trust fund shall consist of moneys appropriated by the
1274	Legislature, moneys deposited pursuant to s. 607.1901(2), and
1275	moneys contributed to the fund from any other source.
1276	Section 42. The amendment of subsection (1) of s.
1277	265.2861, Florida Statutes, by this act shall expire on July 1,
1278	2004, and the text of that subsection shall revert to that in
1279	existence on June 30, 2003, except that any amendments to such
1280	text enacted other than by this act shall be preserved and
1281	continue to operate to the extent that such amendments are not
1282	dependent upon the portions of such text which expire pursuant
1283	to the provisions of this act.
1284	Section 43. In order to implement Specific Appropriations
1285	2863-2931A of the 2003-2004 General Appropriations Act,
1286	subsection (1) of section 267.0617, Florida Statutes, is amended
1287	to read:
1288	267.0617 Historic Preservation Grant Program.--
1289	(1) There is hereby created within the division the
1290	Historic Preservation Grant Program, which shall make grants of
1291	moneys appropriated by the Legislature, moneys deposited
1292	pursuant to s.ss. 550.0351(2) and 607.1901(2)(g), and moneys
1293	contributed for that purpose from any other source. The program
1294	funds shall be used by the division for the purpose of financing
1295	grants in furtherance of the purposes of this section.
1296	Section 44. The amendment of subsection (1) of s.
1297	267.0617, Florida Statutes, by this act shall expire on July 1,
1298	2004, and the text of that subsection shall revert to that in
1299	existence on June 30, 2003, except that any amendments to such
1300	text enacted other than by this act shall be preserved and
1301	continue to operate to the extent that such amendments are not
1302	dependent upon the portions of such text which expire pursuant
1303	to the provisions of this act.
1304	Section 45. In order to implement Specific Appropriations
1305	2863-2931A of the 2003-2004 General Appropriations Act,
1306	subsection (2) of section 607.1901, Florida Statutes, is amended
1307	to read:
1308	607.1901 Corporations Trust Fund creation; transfer of
1309	funds.--
1310	(2)(a) The Legislature shall appropriate from the fund
1311	such amounts as it deems necessary for the operation of the
1312	division.
1313	(b) An amount equal to 2.9 percent of all moneys deposited
1314	each month in the fund is transferred to the Corporation Tax
1315	Administration Trust Fund created pursuant to s. 213.31.
1316	(c) In the last six months of any fiscal year, an amount
1317	equal to 43 percent of all moneys deposited each month into the
1318	fund is transferred to the General Revenue Fund.
1319	(d) The division shall transfer from the trust fund to the
1320	Cultural Institutions Trust Fund, quarterly, the amount of $10
1321	from each corporate annual report fee collected by the division
1322	and prorations transferring $8 million each fiscal year, to be
1323	used as provided in s. 265.2861. Effective October 1, 2001, an
1324	additional $2 million each fiscal year shall be transferred from
1325	the Corporations Trust Fund to the Cultural Institutions Trust
1326	Fund to be used as provided in s. 265.2861. The additional $2
1327	million is contingent upon the receipt of corresponding revenues
1328	collected under s. 55.209, as created by this act.
1329	(e) The division shall transfer from the trust fund to the
1330	Cultural Institutions Trust Fund, quarterly, prorations
1331	transferring $250,000 each fiscal year, to be used as provided
1332	in s. 265.609.
1333	(f) The division shall transfer from the trust fund to the
1334	Cultural Institutions Trust Fund, quarterly, prorations
1335	transferring $550,000 each fiscal year, to be used as provided
1336	in s. 265.608.
1337	(g) The division shall transfer from the trust fund to the
1338	Historical Resources Operating Trust Fund, quarterly, prorations
1339	transferring $2 million each fiscal year, to be used as provided
1340	in s. 267.0617.
1341	(h) The division shall transfer from the trust fund to the
1342	Historical Resources Operating Trust Fund, quarterly, prorations
1343	transferring $1.5 million each fiscal year, to be used as
1344	provided in s. 267.0619.
1345	(i) Effective October 1, 2001, the division shall transfer
1346	from the trust fund to the department's Grants and Donations
1347	Trust Fund quarterly prorations equaling not more than $1.6
1348	million each fiscal year, to be used in the provision of
1349	services under s. 288.816. The transfer of $1.6 million is
1350	contingent upon the receipt of corresponding revenues collected
1351	under s. 55.209, as created by this act.
1352	Section 46. The amendment of subsection (2) of s.
1353	607.1901, Florida Statutes, by this act shall expire on July 1,
1354	2004, and the text of that subsection shall revert to that in
1355	existence on June 30, 2003, except that any amendments to such
1356	text enacted other than by this act shall be preserved and
1357	continue to operate to the extent that such amendments are not
1358	dependent upon the portions of such text which expire pursuant
1359	to the provisions of this act.
1360	Section 47. In order to implement Specific Appropriations
1361	2863-2931A of the 2003-2004 General Appropriations Act, section
1362	607.19011, Florida Statutes, is amended to read:
1363	607.19011 Corporations Trust Fund; deposit and use of
1364	revenues collected in accordance with ch. 95-242.--All revenues
1365	collected in accordance with this act shall be deposited into
1366	the Corporations Trust Fund of the Department of State and shall
1367	be used in furtherance of the Department of State's cultural and
1368	historic preservation programs and other activitiesas the
1369	Legislature may direct.
1370	Section 48. The amendment of s. 607.19011, Florida
1371	Statutes, by this act shall expire on July 1, 2004, and the text
1372	of that section shall revert to that in existence on June 30,
1373	2003, except that any amendments to such text enacted other than
1374	by this act shall be preserved and continue to operate to the
1375	extent that such amendments are not dependent upon the portions
1376	of such text which expire pursuant to the provisions of this
1377	act.
1378	Section 49. In order to implement Specific Appropriation
1379	2014 of the 2003-2004 General Appropriations Act, section
1380	402.3017, Florida Statutes, is amended to read:
1381	402.3017 Teacher Education and Compensation Helps (TEACH)
1382	scholarship program.--
1383	(1) The Legislature finds that the level of early child
1384	care teacher education and training is a key predictor for
1385	determining program quality. The Legislature also finds that low
1386	wages for child care workers prevent many from obtaining
1387	increased training and education and contribute to high turnover
1388	rates. The Legislature therefore intends to help fund a program
1389	which links teacher training and education to compensation and
1390	commitment to the field of early childhood education.
1391	(2) The Department of Children and Family Services is
1392	authorized to contract for the administration of the Teacher
1393	Education and Compensation Helps (TEACH) scholarship program,
1394	which provides educational scholarships to caregivers and
1395	administrators of early childhood programs, family day care
1396	homes, and large family child care homes.
1397	(3) The department shall adopt rules as necessary to
1398	implement this section.
1399	(4) For the 2003-20042002-2003fiscal year only, the
1400	Agency for Workforce Innovation shall administer this section.
1401	This subsection expires July 1, 20042003.
1402	Section 50. In order to implement Specific Appropriation
1403	2014 of the 2003-2004 General Appropriations Act, subsection
1404	(13) of section 411.01, Florida Statutes, is amended to read:
1405	411.01 Florida Partnership for School Readiness; school
1406	readiness coalitions.--
1407	(13) PLACEMENTS.--Notwithstanding any other provision of
1408	this section to the contrary, and for fiscal year 2003-2004
1409	2002-2003only, the first children to be placed in the school
1410	readiness program shall be those from families receiving
1411	temporary cash assistance and subject to federal work
1412	requirements. Subsequent placements shall be pursuant to the
1413	provisions of this section. This subsection expires July 1, 2004
1414	2003.
1415	Section 51. In order to implement Specific Appropriation
1416	12C of the 2003-2004 General Appropriations Act, subsection (7)
1417	is added to section 1013.62, Florida Statutes, to read:
1418	1013.62 Charter schools capital outlay funding.--
1419	(7) For the 2003-2004 fiscal year only, and
1420	notwithstanding subsection (1), funds for charter school capital
1421	outlay shall be distributed by the Department of Education as
1422	provided in the General Appropriations Act.
1423	Section 52. In order to implement Specific Appropriations
1424	584-601A of the 2003-2004 General Appropriations Act, subsection
1425	(7) of section 1009.66, Florida Statutes, as amended by section
1426	71 of chapter 2002-402, Laws of Florida, and section 3 of
1427	chapter 2002-400, Laws of Florida, is amended to read:
1428	1009.66 Nursing Student Loan Forgiveness Program.--
1429	(7)(a)Funds contained in the Nursing Student Loan
1430	Forgiveness Trust Fund which are to be used for loan forgiveness
1431	for those nurses employed by hospitals, birth centers, and
1432	nursing homes must be matched on a dollar-for-dollar basis by
1433	contributions from the employing institutions, except that this
1434	provision shall not apply to state-operated medical and health
1435	care facilities, public schools, county health departments,
1436	federally sponsored community health centers, teaching hospitals
1437	as defined in s. 408.07, family practice teaching hospitals as
1438	defined in s. 395.805, or specialty hospitals for children as
1439	used in s. 409.9119. An estimate of the annual trust fund
1440	dollars shall be made at the beginning of the fiscal year based
1441	on historic expenditures from the trust fund. Applicant requests
1442	shall be reviewed on a quarterly basis, and applicant awards
1443	shall be based on the following priority of employer until all
1444	such estimated trust funds are awarded: state-operated medical
1445	and health care facilities; public schools; county health
1446	departments; federally sponsored community health centers;
1447	teaching hospitals as defined in s. 408.07; family practice
1448	teaching hospitals as defined in s. 395.805; specialty hospitals
1449	for children as used in s. 409.9119; and other hospitals, birth
1450	centers, and nursing homes.
1451	(b) All Nursing Student Loan Forgiveness Trust Fund moneys
1452	shall be invested pursuant to s. 18.125. Interest income
1453	accruing to that portion of the trust fund not matched shall
1454	increase the total funds available for loan forgiveness and
1455	scholarships. Pledged contributions shall not be eligible for
1456	matching prior to the actual collection of the total private
1457	contribution for the year.
1458	Section 53. The amendment of subsection (7) of s. 1009.66,
1459	Florida Statutes, by this act shall expire on July 1, 2004, and
1460	the text of that subsection shall revert to that in existence on
1461	June 30, 2003, except that any amendments to such text enacted
1462	other than by this act shall be preserved and continue to
1463	operate to the extent that such amendments are not dependent
1464	upon the portions of such text which expire pursuant to the
1465	provisions of this act.
1466	Section 54. In order to implement Specific Appropriation
1467	477 of the 2003-2004 General Appropriations Act, subsection (3)
1468	of section 385.207, Florida Statutes, as amended by section 73
1469	of chapter 2002-402, Laws of Florida, is amended to read:
1470	385.207 Care and assistance of persons with epilepsy;
1471	establishment of programs in epilepsy control.--
1472	(3) Revenue for statewide implementation of programs for
1473	epilepsy prevention and education pursuant to this section shall
1474	be derived pursuant to the provisions of s. 318.21(6) and shall
1475	be deposited in the Epilepsy Services Trust Fund, which is
1476	hereby established to be administered by the Department of
1477	Health. All funds deposited into the trust fund shall be
1478	invested pursuant to the provisions of s. 18.125. Interest
1479	income accruing to such invested funds shall increase the total
1480	funds available under this subsection.
1481	Section 55. The amendment of subsection (3) of s. 385.207,
1482	Florida Statutes, by this act shall expire on July 1, 2004, and
1483	the text of that subsection shall revert to that in existence on
1484	June 30, 2003, except that any amendments to such text enacted
1485	other than by this act shall be preserved and continue to
1486	operate to the extent that such amendments are not dependent
1487	upon the portions of such text which expire pursuant to the
1488	provisions of this act.
1489	Section 56. In order to implement Specific Appropriation
1490	2545 of the 2003-2004 General Appropriations Act, effective July
1491	1, 2003, transfers shall occur as described in legislation that
1492	becomes law reorganizing the Office of the Auditor General and
1493	the Office of Program Policy Analysis and Government
1494	Accountability into the Office of Government Accountability. If
1495	such legislation does not become law, all powers, duties,
1496	functions, records, personnel, property, and unexpended balances
1497	of appropriations, allocations, and other funds of the Office of
1498	Program Policy Analysis and Government Accountability are
1499	transferred by a type two transfer, as defined in s. 20.06,
1500	Florida Statutes, to the Office of the Auditor General.
1501	Consistent with the provisions of s. 11.45(4)(a), Florida
1502	Statutes, and notwithstanding any other provision of law to the
1503	contrary, the Auditor General shall, within the funding
1504	provided, determine which duties and responsibilities assigned
1505	by law to the Office of Program Policy Analysis and Government
1506	Accountability shall be provided during the 2003-2004 fiscal
1507	year. This section expires July 1, 2004.
1508	Section 57. In order to implement Specific Appropriation
1509	2545 of the 2003-2004 General Appropriations Act, effective July
1510	1, 2003, all powers, duties, functions, records, personnel,
1511	property, and unexpended balances of appropriations,
1512	allocations, and other funds of the Council for Education Policy
1513	Research and Improvement are transferred by a type two transfer,
1514	as defined in s. 20.06, Florida Statutes, to the Office of the
1515	Auditor General. Notwithstanding the provisions of s. 1008.51,
1516	Florida Statutes, all powers, duties, funding, and functions of
1517	the Council for Education Policy Research and Improvement are
1518	suspended for the 2003-2004 fiscal year. The Auditor General
1519	may, within the funding provided, provide policy research and
1520	analysis of education issues. This section expires July 1, 2004.
1521	Section 58. A section of this act that implements a
1522	specific appropriation or specifically identified proviso
1523	language in the 2003-2004 General Appropriations Act is void if
1524	the specific appropriation or specifically identified proviso
1525	language is vetoed. A section of this act that implements more
1526	than one specific appropriation or more than one portion of
1527	specifically identified proviso language in the 2003-2004
1528	General Appropriations Act is void if all the specific
1529	appropriations or portions of specifically identified proviso
1530	language are vetoed.
1531	Section 59. If any other act passed in 2003 contains a
1532	provision that is substantively the same as a provision in this
1533	act, but that removes or is otherwise not subject to the future
1534	repeal applied to such provision by this act, the Legislature
1535	intends that the provision in the other act shall take
1536	precedence and shall continue to operate, notwithstanding the
1537	future repeal provided by this act.
1538	Section 60. The agency performance measures and standards
1539	in the document entitled "Florida's Budget 2003 Agency
1540	Performance Measures and Standards Approved by the Legislature
1541	for Fiscal Year 2003-04" dated March 24, 2003, and filed with
1542	the Clerk of the House of Representatives are incorporated by
1543	reference. Such performance measures and standards are directly
1544	linked to the appropriations made in the General Appropriations
1545	Act for fiscal year 2003-2004, as required by the Government
1546	Performance and Accountability Act of 1994. State agencies are
1547	directed to revise their long-range program plans required under
1548	s. 216.013, Florida Statutes, to be consistent with these
1549	performance measures and standards.
1550	Section 61. If any provision of this act or its
1551	application to any person or circumstance is held invalid, the
1552	invalidity shall not affect other provisions or applications of
1553	the act which can be given effect without the invalid provision
1554	or application, and to this end the provisions of this act are
1555	declared severable.
1556	Section 62. Except as otherwise provided in this act, this
1557	act shall take effect July 1, 2003; or, in the event this act
1558	fails to become a law until after that date, it shall take
1559	effect upon becoming a law and shall operate retroactively to
1560	July 1, 2003.