Senate Bill sb2502e1

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    SB 2502                                        First Engrossed



  1                      A bill to be entitled

  2         An act implementing the 2003-2004 General

  3         Appropriations Act; providing legislative

  4         intent; providing accounting requirements for

  5         the state universities for the 2003-2004 fiscal

  6         year; amending ss. 430.204 and 430.205, F.S.;

  7         requiring the Department of Elderly Affairs to

  8         fund certain community care services and core

  9         services for the elderly; amending s. 216.292,

10         F.S.; authorizing the Department of Children

11         and Family Services to transfer funds within

12         the family safety program; amending s. 295.182,

13         F.S.; authorizing contributions to the Florida

14         World War II Veterans Memorial Matching Trust

15         Fund from public bodies; amending s. 561.121,

16         F.S.; providing that moneys in the Children and

17         Adolescents Substance Abuse Trust Fund may also

18         be used for the purpose of funding programs

19         directed at reducing and eliminating substance

20         abuse problems among adults; amending s.

21         409.1671, F.S.; authorizing the Department of

22         Children and Family Services to combine current

23         community-based care lead agency contracts for

24         Sarasota, Manatee, and DeSoto Counties into a

25         single contract; authorizing the Department of

26         Children and Family Services to enter into a

27         contract to finance, design, construct, and

28         operate the South Florida Evaluation and

29         Treatment Center; providing for an extended

30         contract period; authorizing financing for the

31         project; amending s. 216.181, F.S.; authorizing


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    SB 2502                                        First Engrossed



 1         the Department of Law Enforcement to transfer

 2         positions and associated budgets and a certain

 3         percentage of salary rate between budget

 4         entities and providing requirements with

 5         respect thereto; authorizing the Correctional

 6         Privatization Commission to make certain

 7         expenditures to defray costs incurred by a

 8         municipality or county as a result of opening

 9         or operating a facility under authority of the

10         commission or the Department of Juvenile

11         Justice; amending s. 16.555, F.S.; authorizing

12         use of the Crime Stoppers Trust Fund to pay for

13         salaries and benefits and other expenses of the

14         Department of Legal Affairs; amending s.

15         985.4075, F.S.; prohibiting the use of juvenile

16         justice appropriations made for operations as

17         one-time startup funding for fixed capital

18         outlay; amending s. 216.262, F.S.; providing

19         for additional positions to operate additional

20         prison bed capacity under certain

21         circumstances; amending s. 287.161, F.S.;

22         requiring the Department of Management Services

23         to charge all persons receiving transportation

24         from the executive aircraft pool a specified

25         rate; amending s. 110.116, F.S.; authorizing

26         the Department of Management Services to

27         contract with a vendor to provide a personnel

28         information system; amending s. 110.2035, F.S.;

29         deleting provisions authorizing the Department

30         of Management Services to adopt emergency rules

31         to implement a classification and compensation


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    SB 2502                                        First Engrossed



 1         program; amending s. 43 of chapter 2002-402,

 2         Laws of Florida, delaying the expiration of

 3         certain changes to s. 110.2035, F.S., relating

 4         to the classification and compensation program;

 5         amending s. 110.12315, F.S.; providing

 6         copayment requirements for the state employees'

 7         prescription drug program; amending s.

 8         110.1239, F.S.; providing requirements for the

 9         funding of the state group health insurance

10         program; amending s. 112.061, F.S.; providing

11         for computation of travel time and

12         reimbursement for public officers' and

13         employees' travel; amending s. 121.71, F.S.;

14         providing for recognition and usage of current

15         available excess assets of the Florida

16         Retirement System Trust Fund to offset employer

17         contribution rates for the Florida Retirement

18         System; amending s. 468.404, F.S.; requiring

19         talent agency license fees equal to costs of

20         regulation; amending s. 252.373, F.S.;

21         providing for use of funds of the Emergency

22         Management, Preparedness, and Assistance Trust

23         Fund, including the use of certain funds as

24         state matching funds for federally approved

25         Hazard Mitigation Grant Program projects;

26         amending s. 402.3017, F.S.; providing for

27         administration of the Teacher Education and

28         Compensation Helps (TEACH) scholarship program

29         by the Agency for Workforce Innovation;

30         amending s. 411.01, F.S.; providing priority

31         for placement of children in the school


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    SB 2502                                        First Engrossed



 1         readiness program; amending s. 288.063, F.S.;

 2         providing for funds for certain transportation

 3         projects approved by the Office of Tourism,

 4         Trade, and Economic Development to be subject

 5         to reversion; amending s. 320.08058, F.S.;

 6         authorizing proceeds from the Professional

 7         Sports Development Trust Fund to be used for

 8         operational expenses of the Florida Sports

 9         Foundation and financial support of the

10         Sunshine State Games; amending s. 339.08, F.S.;

11         transferring $200 million from the State

12         Transportation Trust Fund to the General

13         Revenue Fund; reducing the amount transferred

14         from certain transportation calculation

15         requirements; amending s. 443.036, F.S.;

16         providing a definition and an application of an

17         alternative base period for unemployment

18         compensation; providing requirements and

19         limitations; requiring employers to respond to

20         requests for information by the Agency for

21         Workforce Innovation; providing a penalty for

22         failure to respond; providing for adjustments

23         in determinations of monetary eligibility;

24         amending s. 61 of chapter 2002-402, Laws of

25         Florida, delaying the expiration of certain

26         changes to s. 215.20, F.S., relating to the

27         contributions of certain trust funds to the

28         General Revenue Fund; amending s. 63 of chapter

29         2002-402, Laws of Florida; delaying the

30         expiration of certain changes to s. 215.22,

31         F.S., relating to an exemption from


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    SB 2502                                        First Engrossed



 1         appropriation provided for certain trust funds;

 2         amending s. 65 of chapter 2002-402, Laws of

 3         Florida; delaying the expiration of certain

 4         changes to s. 18.10, F.S., relating to deposits

 5         and investments of state money; amending s. 67

 6         of chapter 2002-402, Laws of Florida; delaying

 7         the expiration of certain changes to s. 18.125,

 8         F.S., relating to the investment of certain

 9         trust funds; amending s. 69 of chapter

10         2002-402, Laws of Florida; delaying the

11         expiration of certain changes to s. 14.2015,

12         F.S., relating to the Economic Development

13         Trust Fund; amending s. 71 of chapter 2002-402,

14         Laws of Florida; delaying the expiration of

15         certain changes to s. 240.4075, F.S., relating

16         to the Nursing Student Loan Forgiveness

17         Program; amending s. 73 of chapter 2002-402,

18         Laws of Florida; delaying the expiration of

19         certain changes to s. 385.207, F.S., relating

20         to care and assistance of persons with

21         epilepsy; amending s. 75 of chapter 2002-402,

22         Laws of Florida; delaying the expiration of

23         certain changes to s. 860.158, F.S., relating

24         to the interest earned on moneys in the Florida

25         Motor Vehicle Theft Prevention Trust Fund;

26         amending s. 77 of chapter 2002-402, Laws of

27         Florida; delaying the expiration of certain

28         changes to s. 938.01, F.S., relating to the

29         interest earned on certain trust funds;

30         reenacting s. 215.32(2)(b), F.S., to implement

31         the transfer of moneys to the Working Capital


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    SB 2502                                        First Engrossed



 1         Fund from certain trust funds; providing for

 2         the effect of a veto of a specific

 3         appropriation or proviso to which implementing

 4         provisions refer; providing applicability to

 5         other legislation; incorporating by reference

 6         specified performance measures and standards

 7         directly linked to the appropriations made in

 8         the 2002-2004 General Appropriations Act, as

 9         required by the Government Performance and

10         Accountability Act of 1994; providing for

11         severability; providing effective dates.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  It is the intent of the Legislature that

16  the implementing and administering provisions of this act

17  apply to the General Appropriations Act for fiscal year

18  2003-2004.

19         Section 2.  In order to implement Specific

20  Appropriations 7-11, 123-128, and 130 of the 2003-2004 General

21  Appropriations Act:

22         (1)  Each university that has not made the transition,

23  effective July 1, 2003, from the state accounting

24  system(FLAIR) shall utilize the state accounting system for

25  fiscal year 2003-2004 but is not required to provide funds to

26  the Department of Financial Services for its utilization.

27         (2)  Notwithstanding the provisions of sections

28  216.181, 216.292, and 1011.4105, Florida Statutes, and

29  pursuant to section 216.351, Florida Statutes, funds

30  appropriated or reappropriated to the state universities in

31  the 2003-2004 General Appropriations Act, or any other act


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    SB 2502                                        First Engrossed



 1  passed by the 2003 Legislature containing appropriations,

 2  shall be distributed to each university according to the

 3  2003-2004 fiscal year operating budget approved by the

 4  university board of trustees. Each university board of

 5  trustees shall have authority to amend the operating budget as

 6  circumstances warrant. The operating budget may utilize

 7  traditional appropriation categories or it may consolidate the

 8  appropriations into a special category appropriation account.

 9  The Chief Financial Officer, upon the request of the

10  university board of trustees, shall record by journal transfer

11  the distribution of the appropriated funds and releases

12  according to the approved operating budget to the

13  appropriation accounts established for disbursement purposes

14  for each university within the state accounting system

15  (FLAIR).

16         (3)  Notwithstanding the provisions of sections

17  216.181, 216.292, and 1011.4105, Florida Statutes, and

18  pursuant to section 216.351, Florida Statutes, each university

19  board of trustees shall include in an approved operating

20  budget the revenue in trust funds supported by student and

21  other fees as well as the trust funds within the Contract,

22  Grants, and Donations, Auxiliary Enterprises, and Sponsored

23  Research budget entities. The university board of trustees

24  shall have the authority to amend the operating budget as

25  circumstances warrant. The operating budget may utilize

26  traditional appropriation categories or it may consolidate the

27  trust fund spending authority into a special category

28  appropriation account. The Chief Financial Officer, upon the

29  request of the university board of trustees, shall record the

30  distribution of the trust fund spending authority and releases

31  according to the approved operating budget to the


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    SB 2502                                        First Engrossed



 1  appropriation accounts established for disbursement purposes

 2  for each university within the state accounting system

 3  (FLAIR).

 4         (4)  This section expires July 1, 2004.

 5         Section 3.  In order to implement Specific

 6  Appropriations 426-441 of the 2003-2004 General Appropriations

 7  Act, paragraph (b) of subsection (1) of section 430.204,

 8  Florida Statutes, is amended to read:

 9         430.204  Community-care-for-the-elderly core services;

10  departmental powers and duties.--

11         (1)

12         (b)  For fiscal year 2003-2004 2002-2003 only, the

13  department shall fund, through each area agency on aging in

14  each county as defined in s. 125.011(1), more than one

15  community care service system the primary purpose of which is

16  the prevention of unnecessary institutionalization of

17  functionally impaired elderly persons through the provision of

18  community-based core services. This paragraph expires July 1,

19  2004 2003.

20         Section 4.  In order to implement Specific

21  Appropriations 426-441 of the 2003-2004 General Appropriations

22  Act, paragraph (b) of subsection (1) of section 430.205,

23  Florida Statutes, is amended to read:

24         430.205  Community care service system.--

25         (1)

26         (b)  For fiscal year 2003-2004 2002-2003 only, the

27  department shall fund, through the area agency on aging in

28  each county as defined in s. 125.011(1), more than one

29  community care service system that provides case management

30  and other in-home and community services as needed to help

31  elderly persons maintain independence and prevent or delay


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    SB 2502                                        First Engrossed



 1  more costly institutional care. This paragraph expires July 1,

 2  2004 2003.

 3         Section 5.  In order to implement Specific

 4  Appropriations 271, 274, 275, and 276 of the 2003-2004 General

 5  Appropriations Act, subsection (12) of section 216.292,

 6  Florida Statutes, is amended to read:

 7         216.292  Appropriations nontransferable; exceptions.--

 8         (12)  For the 2003-2004 2002-2003 fiscal year only and

 9  notwithstanding the other provisions of this section, the

10  Department of Children and Family Services may transfer funds

11  within the family safety program identified in the General

12  Appropriations Act from identical funding sources between the

13  following appropriation categories without limitation as long

14  as such a transfer does not result in an increase to the total

15  recurring general revenue or trust fund cost of the agency in

16  the subsequent fiscal year: adoption services and subsidy;

17  family foster care; and emergency shelter care. Such transfers

18  must be consistent with legislative policy and intent and must

19  not adversely affect achievement of approved performance

20  outcomes or outputs in the family safety program. Notice of

21  proposed transfers under this authority must be provided to

22  the Executive Office of the Governor and the chairs of the

23  legislative appropriations committees at least 5 working days

24  before their implementation. This subsection expires July 1,

25  2004 2003.

26         Section 6.  In order to implement Specific

27  Appropriation 620 of the 2003-2004 General Appropriations Act,

28  subsection (2) of section 295.182, Florida Statutes, is

29  amended to read:

30         295.182  Florida World War II Veterans Memorial

31  Matching Trust Fund; contributions; use.--


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    SB 2502                                        First Engrossed



 1         (2)  For the 2003-2004 2002-2003 fiscal year only, the

 2  department may receive contributions from public bodies as

 3  defined in s. 1.01(8). Public bodies are authorized to

 4  appropriate funds, in lump sum or otherwise, for the purpose

 5  of making contributions to the trust fund. This subsection

 6  expires July 1, 2004 2003.

 7         Section 7.  In order to implement Sections 353 and 357

 8  of the 2003-2004 General Appropriations Act, subsection (4) of

 9  section 561.121, Florida Statutes, is amended to read:

10         561.121  Deposit of revenue.--

11         (4)(a)  State funds collected pursuant to s. 561.501

12  shall be paid into the State Treasury and credited to the

13  following accounts:

14         1.(a)  Twenty-seven and two-tenths percent of the

15  surcharge on the sale of alcoholic beverages for consumption

16  on premises shall be transferred to the Children and

17  Adolescents Substance Abuse Trust Fund, which shall remain

18  with the Department of Children and Family Services for the

19  purpose of funding programs directed at reducing and

20  eliminating substance abuse problems among children and

21  adolescents.

22         2.(b)  The remainder of collections shall be credited

23  to the General Revenue Fund.

24         (b)  For the 2003-2004 state fiscal year only, and

25  notwithstanding the provisions of subparagraph (a)1., moneys

26  in the Children and Adolescents Substance Abuse Trust Fund may

27  also be used for the purpose of funding programs directed at

28  reducing and eliminating substance abuse problems among

29  adults. This paragraph expires July 1, 2004.

30         Section 8.  In order to implement Specific

31  Appropriations 265-277 of the 2003-2004 General Appropriations


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    SB 2502                                        First Engrossed



 1  Act, paragraph (k) of subsection (1) of section 409.1671,

 2  Florida Statutes, is amended to read:

 3         409.1671  Foster care and related services;

 4  privatization.--

 5         (1)

 6         (k)  Notwithstanding the provisions of paragraph (a)

 7  and chapter 287, and for the 2003-2004 2002-2003 fiscal year

 8  only, the Department of Children and Family Services may

 9  combine the current community-based care lead agency contracts

10  for Sarasota, Manatee, and DeSoto Counties into a single

11  contract. This paragraph expires July 1, 2004 2003.

12         Section 9.  In order to implement Specific

13  Appropriations 410-419 of the 2003-2004 General Appropriations

14  Act:

15         (1)  The Department of Children and Family Services may

16  issue a request for proposals no later than October 1, 2003,

17  for the finance, design, construction, and operation of a

18  replacement facility by a private contractor for the South

19  Florida Evaluation and Treatment Center in Miami, Florida.

20         (2)  Notwithstanding section 287.057(14), Florida

21  Statutes, the department may enter into agreements not to

22  exceed 20 years with a private contractor to finance, design,

23  and construct a replacement facility of 200 beds and to

24  operate all aspects of daily operations within the facility.

25         (3)  If a contractor is selected, it is authorized to

26  sponsor the issuance of tax-exempt bonds, certificates of

27  participation, or other securities to finance the project. The

28  state is authorized to enter into a lease-purchase agreement

29  for the replacement facility. The total cost of the new

30  facility, including the debt service, shall not exceed the

31  


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    SB 2502                                        First Engrossed



 1  operating budget of the existing institution for the 2002-2003

 2  fiscal year.

 3         (4)  If a contractor is selected, it shall assume

 4  operation of the existing facility no later than January 1,

 5  2004.

 6         (5)  This section expires July 1, 2004.

 7         Section 10.  In order to implement Specific

 8  Appropriations 1118-1201 of the 2003-2004 General

 9  Appropriations Act, subsection (17) of section 216.181,

10  Florida Statutes, is amended to read:

11         216.181  Approved budgets for operations and fixed

12  capital outlay.--

13         (17)  Notwithstanding any other provision of this

14  section to the contrary, and for the 2003-2004 2002-2003

15  fiscal year only, the Department of Law Enforcement may

16  transfer up to 20 positions and associated budget between

17  budget entities, provided the same funding source is used

18  throughout each transfer. The department may also transfer up

19  to 10 percent of the initial approved salary rate between

20  budget entities, provided the same funding source is used

21  throughout each transfer. The department must provide notice

22  to the Executive Office of the Governor, the chair of the

23  Senate Budget Committee, and the chair of the House Committee

24  on Criminal Justice Appropriations for all transfers of

25  positions or salary rate. This subsection expires July 1, 2004

26  2003.

27         Section 11.  In order to implement proviso language

28  following Specific Appropriation 1103 of the 2003-2004 General

29  Appropriations Act, the Correctional Privatization Commission

30  may expend appropriated funds to assist in defraying the costs

31  of impacts that are incurred by a municipality or county and


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    SB 2502                                        First Engrossed



 1  associated with opening or operating a facility under the

 2  authority of the Correctional Privatization Commission or a

 3  facility under the authority of the Department of Juvenile

 4  Justice which is located within that municipality or county.

 5  The amount that is to be paid under this section for any

 6  facility may not exceed 1 percent of the facility construction

 7  cost, less building impact fees imposed by the municipality or

 8  by the county if the facility is located in the unincorporated

 9  portion of the county. This section expires July 1, 2004.

10         Section 12.  In order to implement Specific

11  Appropriation 1218 of the 2003-2004 General Appropriations

12  Act, paragraph (b) of subsection (3) of section 16.555,

13  Florida Statutes, is amended to read:

14         16.555  Crime Stoppers Trust Fund; rulemaking.--

15         (3)

16         (b)  For the 2003-2004 2002-2003 state fiscal year

17  only, and notwithstanding any provision of this section to the

18  contrary, moneys in the trust fund may also be used to pay for

19  salaries and benefits and other expenses of the department.

20  This paragraph expires July 1, 2004 2003.

21         Section 13.  In order to implement Specific

22  Appropriations 1045-1117 of the 2003-2004 General

23  Appropriations Act, subsection (2) of section 985.4075,

24  Florida Statutes, is amended to read:

25         985.4075  One-time startup funding for juvenile justice

26  purposes.--

27         (2)  The department may not use appropriations made for

28  operations, pursuant to the provisions of this section, as

29  one-time startup funding for fixed capital outlay as defined

30  in s. 216.011. This subsection expires July 1, 2004 2003.

31  


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    SB 2502                                        First Engrossed



 1         Section 14.  In order to implement Specific

 2  Appropriations 643-739 and 775-789 of the 2003-2004 General

 3  Appropriations Act, subsection (4) of section 216.262, Florida

 4  Statutes, is amended to read:

 5         216.262  Authorized positions.--

 6         (4)  Notwithstanding the provisions of this chapter on

 7  increasing the number of authorized positions, and for the

 8  2003-2004 2002-2003 fiscal year only, if the actual inmate

 9  population of the Department of Corrections exceeds by 2

10  percent for 2 consecutive months or more the inmate population

11  projected by the most recent Criminal Justice Estimating

12  Conference, the Executive Office of the Governor, with the

13  approval of the Legislative Budget Commission, may request

14  positions in excess of the number authorized by the

15  Legislature and sufficient funding from the Working number

16  authorized by the Legislature and sufficient funding from the

17  Working Capital Fund to operate the additional prison bed

18  capacity necessary to accommodate the actual inmate

19  population. This subsection expires July 1, 2004 2003.

20         Section 15.  In order to implement Specific

21  Appropriations 2592-2598 of the 2003-2004 General

22  Appropriations Act, subsection (4) of section 287.161, Florida

23  Statutes, is amended to read:

24         287.161  Executive aircraft pool; assignment of

25  aircraft; charge for transportation.--

26         (4)  Notwithstanding the requirements of subsections

27  (2) and (3) and for the 2003-2004 2002-2003 fiscal year only,

28  the Department of Management Services shall charge all persons

29  receiving transportation from the executive aircraft pool a

30  rate not less than the mileage allowance fixed by the

31  Legislature for the use of privately owned vehicles. Fees


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    SB 2502                                        First Engrossed



 1  collected for persons traveling by aircraft in the executive

 2  aircraft pool shall be deposited into the Bureau of Aircraft

 3  Trust Fund and shall be expended for costs incurred to operate

 4  the aircraft management activities of the department. It is

 5  the intent of the Legislature that the executive aircraft pool

 6  be operated on a full cost recovery basis, less available

 7  funds. This subsection expires July 1, 2004 2003.

 8         Section 16.  In order to implement Specific

 9  Appropriation 2636 of the 2003-2004 General Appropriations

10  Act, subsection (2) of section 110.116, Florida Statutes, is

11  amended to read:

12         110.116  Personnel information system; payroll

13  procedures.--

14         (2)  For the 2003-2004 2002-2003 fiscal year only, and

15  notwithstanding the requirements of s. 215.94(5) that the

16  department design, implement, and operate the system and of s.

17  110.201(1)(e) that the individual employing agencies maintain

18  records and reports, the department is authorized to contract

19  with a vendor to provide the personnel information system for

20  state agencies. The vendor may assist the department in

21  compiling and reporting personnel data and may assist the

22  employing agencies in maintaining personnel records. This

23  subsection expires July 1, 2004 2003.

24         Section 17.  In order to implement appropriations of

25  funds in salaries and benefits categories of the 2003-2004

26  General Appropriations Act, subsection (6) of section

27  110.2035, Florida Statutes, is amended to read:

28         110.2035  Classification and compensation program.--

29         (6)  The department shall adopt any rules necessary to

30  implement the classification and compensation program to

31  include Career Service, Selected Exempt Service, and Senior


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    SB 2502                                        First Engrossed



 1  Management Service positions consistent with the plan

 2  submitted to the Legislature on December 1, 2001; however, the

 3  adopted plan shall include pay bandwidths of 150 percent for

 4  each occupational group except the manager and executive

 5  occupational groups. The department may adopt emergency rules

 6  if necessary to implement this program by July 1, 2002.

 7         Section 18.  Section 43 of chapter 2002-402, Laws of

 8  Florida, is amended to read:

 9         Section 43.  The amendment of section 110.2035, Florida

10  Statutes, by this act shall expire on July 1, 2004 2003, and

11  the text of that section shall revert to that in existence on

12  June 30, 2002, except that any amendments to such text enacted

13  other than by this act shall be preserved and continue to

14  operate to the extent that such amendments are not dependent

15  upon the portions of such text which expire pursuant to the

16  provisions of this act.

17         Section 19.  In order to implement Section 8 of the

18  2003-2004 General Appropriations Act, subsection (7) of

19  section 110.12315, Florida Statutes, is amended to read:

20         110.12315  Prescription drug program.--The state

21  employees' prescription drug program is established.  This

22  program shall be administered by the Department of Management

23  Services, according to the terms and conditions of the plan as

24  established by the relevant provisions of the annual General

25  Appropriations Act and implementing legislation, subject to

26  the following conditions:

27         (7)  Under the state employees' prescription drug

28  program copayments must be made as follows:

29         (a)  Effective January 1, 2001:

30         1.  For generic drug with card......................$7.

31         2.  For preferred brand name drug with card........$20.


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    SB 2502                                        First Engrossed



 1         3.  For nonpreferred brand name drug with card.....$35.

 2         4.  For generic mail order drug.................$10.50.

 3         5.  For preferred brand name mail order drug.......$30.

 4         6.  For nonpreferred brand name drug............$52.50.

 5         (b)  The Department of Management Services shall create

 6  a preferred brand name drug list to be used in the

 7  administration of the state employees' prescription drug

 8  program.

 9  

10  This subsection expires July 1, 2004 2003.

11         Section 20.  In order to implement Section 8 of the

12  2003-2004 General Appropriations Act, section 110.1239,

13  Florida Statutes, is amended to read:

14         110.1239  State group health insurance program

15  funding.--For the 2003-2004 2002-2003 fiscal year only, it is

16  the intent of the Legislature that the state group health

17  insurance program be managed, administered, operated, and

18  funded in such a manner as to maximize the protection of state

19  employee health insurance benefits. Inherent in this intent is

20  the recognition that the health insurance liabilities

21  attributable to the benefits offered state employees should be

22  fairly, orderly, and equitably funded. Accordingly:

23         (1)  The division shall determine the level of premiums

24  necessary to fully fund the state group health insurance

25  program for the next fiscal year. Such determination shall be

26  made after each Self-Insurance Estimating Conference as

27  provided in s. 216.136(11), but not later than December 1 and

28  April 1 of each fiscal year.

29         (2)  The Governor, in the Governor's recommended

30  budget, shall provide premium rates necessary for full funding

31  of the state group health insurance program, and the


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    SB 2502                                        First Engrossed



 1  Legislature shall provide in the General Appropriations Act

 2  for a premium level necessary for full funding of the state

 3  group health insurance program.

 4         (3)  For purposes of funding, any additional

 5  appropriation amounts allocated to the state group health

 6  insurance program by the Legislature shall be considered as a

 7  state contribution and thus an increase in the state premiums.

 8         (4)  This section expires July 1, 2004 2003.

 9         Section 21.  In order to implement Sections 2-7 of the

10  2003-2004 General Appropriations Act, paragraph (c) of

11  subsection (5) and paragraph (d) of subsection (6) of section

12  112.061, Florida Statutes, are amended to read:

13         112.061  Per diem and travel expenses of public

14  officers, employees, and authorized persons.--

15         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

16  purposes of reimbursement and methods of calculating

17  fractional days of travel, the following principles are

18  prescribed:

19         (c)  For the 2003-2004 2002-2003 fiscal year only and

20  notwithstanding the other provisions of this subsection, for

21  Class C travel, a state traveler shall not be reimbursed on a

22  per diem basis nor shall a traveler receive subsistence

23  allowance.  This paragraph expires July 1, 2004 2003.

24         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

25  purposes of reimbursement rates and methods of calculation,

26  per diem and subsistence allowances are divided into the

27  following groups and rates:

28         (d)  For the 2003-2004 2002-2003 fiscal year only and

29  notwithstanding the other provisions of this subsection, for

30  Class C travel, a state traveler shall not be reimbursed on a

31  


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    SB 2502                                        First Engrossed



 1  per diem basis nor shall a traveler receive subsistence

 2  allowance.  This paragraph expires July 1, 2004 2003.

 3         Section 22.  In order to implement appropriations of

 4  funds in salaries and benefits categories of the 2003-2004

 5  General Appropriations Act, subsection (4) of section 121.71,

 6  Florida Statutes, is amended to read:

 7         121.71  Uniform rates; process; calculations; levy.--

 8         (4)  Notwithstanding the provisions of subsection (3),

 9  and for the fiscal year 2003-2004 2002-2003 only, the state

10  actuary shall recognize and use an appropriate level of

11  available excess assets of the Florida Retirement System Trust

12  Fund to offset the difference between the normal costs of the

13  Florida Retirement System and the statutorily prescribed

14  contribution rates. This subsection expires July 1, 2004 2003.

15         Section 23.  In order to implement Specific

16  Appropriations 2132-2155 of the 2003-2004 General

17  Appropriations Act, subsection (1) of section 468.404, Florida

18  Statutes, is amended to read:

19         468.404  License; fees; renewals.--

20         (1)(a)  The department by rule shall establish biennial

21  fees for initial licensing, renewal of license, and

22  reinstatement of license, none of which fees shall exceed

23  $400. The department may by rule establish a delinquency fee

24  of no more than $50. The fees shall be adequate to

25  proportionately fund the expenses of the department which are

26  allocated to the regulation of talent agencies and shall be

27  based on the department's estimate of the revenue required to

28  administer this part.

29         (b)  For the 2003-2004 fiscal year only,

30  notwithstanding the provisions of paragraph (a), the

31  department shall assess talent agency license fees at a level


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    SB 2502                                        First Engrossed



 1  sufficient to cover the cost of regulation appropriated in the

 2  2003-2004 General Appropriations Act, or any other act passed

 3  by the 2003 Legislature containing appropriations for such

 4  purpose. This paragraph expires July 1, 2004.

 5         Section 24.  In order to implement Specific

 6  Appropriation 1430 of the 2003-2004 General Appropriations

 7  Act, paragraphs (b) and (c) of subsection (1) of section

 8  252.373, Florida Statutes, are amended to read:

 9         252.373  Allocation of funds; rules.--

10         (1)

11         (b)  Notwithstanding the provisions of paragraph (a),

12  and for the 2003-2004 2002-2003 fiscal year only, the use of

13  the Emergency Management, Preparedness, and Assistance Trust

14  Fund shall be as provided in the General Appropriations Act.

15  This paragraph expires on July 1, 2004 2003.

16         (c)  Notwithstanding the provisions of paragraph (a),

17  and for the 2003-2004 2002-2003 fiscal year only, the

18  Department of Community Affairs shall conduct a review of

19  funds available in the Emergency Management, Preparedness, and

20  Assistance Trust Fund. By December 1, 2003 2002, when actual

21  receipts for the 2002-2003 2001-2002 fiscal year are

22  determined, the Department of Community Affairs may identify

23  any funds that were unspent or unencumbered in the 2002-2003

24  2001-2002 fiscal year that are not required to implement

25  appropriations for the 2003-2004 2002-2003 fiscal year from

26  the Emergency Management, Preparedness, and Assistance Trust

27  Fund, and such funds may be transferred to the Grants and

28  Donations Trust Fund to be used for the state portion of the

29  match requirements for federally approved Hazard Mitigation

30  Grant Program projects. This paragraph expires July 1, 2004

31  2003.


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    SB 2502                                        First Engrossed



 1         Section 25.  In order to implement proviso language in

 2  Specific Appropriation 2014 of the 2003-2004 General

 3  Appropriations Act, section 402.3017, Florida Statutes, is

 4  amended to read:

 5         402.3017  Teacher Education and Compensation Helps

 6  (TEACH) scholarship program.--

 7         (1)  The Legislature finds that the level of early

 8  child care teacher education and training is a key predictor

 9  for determining program quality. The Legislature also finds

10  that low wages for child care workers prevent many from

11  obtaining increased training and education and contribute to

12  high turnover rates.  The Legislature therefore intends to

13  help fund a program which links teacher training and education

14  to compensation and commitment to the field of early childhood

15  education.

16         (2)  The Department of Children and Family Services is

17  authorized to contract for the administration of the Teacher

18  Education and Compensation Helps (TEACH) scholarship program,

19  which provides educational scholarships to caregivers and

20  administrators of early childhood programs, family day care

21  homes, and large family child care homes.

22         (3)  The department shall adopt rules as necessary to

23  implement this section.

24         (4)  For the 2003-2004 2002-2003 fiscal year only, the

25  Agency for Workforce Innovation shall administer this section.

26  This subsection expires July 1, 2004 2003.

27         Section 26.  In order to implement Specific

28  Appropriation 2014 of the 2003-2004 General Appropriations

29  Act, subsection (13) of section 411.01, Florida Statutes, is

30  amended to read:

31  


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    SB 2502                                        First Engrossed



 1         411.01  Florida Partnership for School Readiness;

 2  school readiness coalitions.--

 3         (13)  PLACEMENTS.--Notwithstanding any other provision

 4  of this section to the contrary, and for fiscal year 2003-2004

 5  2002-2003 only, the first children to be placed in the school

 6  readiness program shall be those from families receiving

 7  temporary cash assistance and subject to federal work

 8  requirements. Subsequent placements shall be pursuant to the

 9  provisions of this section. This subsection expires July 1,

10  2004 2003.

11         Section 27.  In order to implement Specific

12  Appropriation 2315M of the 2003-2004 General Appropriations

13  Act, subsection (10) of section 288.063, Florida Statutes, is

14  amended to read:

15         288.063  Contracts for transportation projects.--

16         (10)(a)  Notwithstanding the provisions of s. 216.301,

17  funds appropriated for this purpose shall not be subject to

18  reversion.

19         (b)  For the 2003-2004 fiscal year only and

20  notwithstanding paragraph (a), funds appropriated for this

21  purpose are subject to the reversion requirements of s.

22  216.301. This paragraph expires July 1, 2004.

23         Section 28.  In order to implement Specific

24  Appropriation 2315D of the 2003-2004 General Appropriations

25  Act, paragraph (b) of subsection (9) of section 320.08058,

26  Florida Statutes, is amended to read:

27         320.08058  Specialty license plates.--

28         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

29         (b)  The license plate annual use fees are to be

30  annually distributed as follows:

31  


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    SB 2502                                        First Engrossed



 1         1.  Fifty-five percent of the proceeds from the Florida

 2  Professional Sports Team plate must be deposited into the

 3  Professional Sports Development Trust Fund within the Office

 4  of Tourism, Trade, and Economic Development. These funds must

 5  be used solely to attract and support major sports events in

 6  this state.  As used in this subparagraph, the term "major

 7  sports events" means, but is not limited to, championship or

 8  all-star contests of Major League Baseball, the National

 9  Basketball Association, the National Football League, the

10  National Hockey League, the men's and women's National

11  Collegiate Athletic Association Final Four basketball

12  championship, or a horseracing or dogracing Breeders' Cup. All

13  funds must be used to support and promote major sporting

14  events, and the uses must be approved by the Florida Sports

15  Foundation.

16         2.  The remaining proceeds of the Florida Professional

17  Sports Team license plate must be allocated to the Florida

18  Sports Foundation, a direct-support organization of the Office

19  of Tourism, Trade, and Economic Development.  These funds must

20  be deposited into the Professional Sports Development Trust

21  Fund within the Office of Tourism, Trade, and Economic

22  Development. These funds must be used by the Florida Sports

23  Foundation to promote the economic development of the sports

24  industry; to distribute licensing and royalty fees to

25  participating professional sports teams; to institute a grant

26  program for communities bidding on minor sporting events that

27  create an economic impact for the state; to distribute funds

28  to Florida-based charities designated by the Florida Sports

29  Foundation and the participating professional sports teams;

30  and to fulfill the sports promotion responsibilities of the

31  Office of Tourism, Trade, and Economic Development.


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    SB 2502                                        First Engrossed



 1         3.  The Florida Sports Foundation shall provide an

 2  annual financial audit in accordance with s. 215.981 of its

 3  financial accounts and records by an independent certified

 4  public accountant pursuant to the contract established by the

 5  Office of Tourism, Trade, and Economic Development as

 6  specified in s. 288.1229(5). The auditor shall submit the

 7  audit report to the Office of Tourism, Trade, and Economic

 8  Development for review and approval. If the audit report is

 9  approved, the office shall certify the audit report to the

10  Auditor General for review.

11         4.  For the 2003-2004 fiscal year only and

12  notwithstanding the provisions of subparagraphs 1. and 2.,

13  proceeds from the Professional Sports Development Trust Fund

14  may also be used for operational expenses of the Florida

15  Sports Foundation and financial support of the Sunshine State

16  Games. This subparagraph expires July 1, 2004.

17         Section 29.  In order to implement Section 20 of the

18  2003-2004 General Appropriations Act, subsection (5) is added

19  to section 339.08, Florida Statutes, to read:

20         339.08  Use of moneys in State Transportation Trust

21  Fund.--

22         (5)  For the 2003-2004 fiscal year only and

23  notwithstanding the provisions of this section and s.

24  339.09(1), $200 million may be transferred from the State

25  Transportation Trust Fund to the General Revenue Fund in the

26  2003-2004 General Appropriations Act. Such transfer may be

27  comprised of several smaller transfers made during the

28  2003-2004 fiscal year. Notwithstanding ss. 206.46(3) and

29  206.606(2), the total amount transferred shall be reduced from

30  total state revenues deposited into the State Transportation

31  


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    SB 2502                                        First Engrossed



 1  Trust Fund for the calculation requirements of ss. 206.46(3)

 2  and 206.606(2). This subsection expires July 1, 2004.

 3         Section 30.  In order to implement Specific

 4  Appropriations 1992 - 1999A of the 2003-2004 General

 5  Appropriations Act, subsection (7) of section 443.036, Florida

 6  Statutes, is amended to read:

 7         443.036  Definitions.--As used in this chapter, unless

 8  the context clearly requires otherwise:

 9         (7)  BASE PERIOD.--

10         (a)  "Base period" means the first four of the last

11  five completed calendar quarters immediately preceding the

12  first day of an individual's benefit year.

13         (b)  For the 2003-2004 fiscal year only, with respect

14  to a benefit year commencing on or after October 1, 2003, if

15  an individual is not monetarily eligible in his or her base

16  period to qualify for benefits, the Agency for Workforce

17  Innovation must designate his or her base period to be the

18  alternative base period. As used in this paragraph, the term

19  "alternative base period" means the last four completed

20  calendar quarters immediately preceding the first day of an

21  individual's benefit year. Wages used in a base period to

22  establish a monetarily eligible benefit year may not be

23  applied to establish monetary eligibility in any succeeding

24  benefit year. If information regarding wages for the calendar

25  quarter or quarters immediately preceding the benefit year has

26  not been input into the agency's mainframe database from the

27  regular quarterly reports of wage information or is otherwise

28  unavailable, the Agency for Workforce Innovation shall request

29  such information from the employer. An employer must provide

30  the requested wage information within 10 days after receiving

31  a request from the Agency for Workforce Innovation. An


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    SB 2502                                        First Engrossed



 1  employer who fails to provide the requested wage information

 2  within the required time is subject to the penalty for

 3  delinquent reports in s. 443.141(1)(b). This paragraph expires

 4  July 1, 2004.

 5         (c)  For the 2003-2004 fiscal year only, for monetary

 6  determinations based upon the alternative base period under

 7  paragraph (b), if the Agency for Workforce Innovation is

 8  unable to access the wage information through its mainframe

 9  database, the agency may base the determination of eligibility

10  for benefits on an affidavit submitted by the individual with

11  respect to wages for those calendar quarters. The individual

12  must furnish payroll information, if available, in support of

13  the affidavit. A determination of benefits based upon an

14  alternative base period shall be adjusted when the quarterly

15  report of wage information from the employer is received, if

16  that information causes a change in the determination. This

17  paragraph expires July 1, 2004.

18         Section 31.  In order to implement Specific

19  Appropriations 265, 1096, 1390A, and 2909 of the 2003-2004

20  General Appropriations Act, section 61 of chapter 2002-402,

21  Laws of Florida, is amended to read:

22         Section 61.  The amendment of section 215.20, Florida

23  Statutes, by this act shall expire on July 1, 2004 2003, and

24  the text of that section shall revert to that in existence on

25  June 30, 2002, except that any amendments to such text enacted

26  other than by this act shall be preserved and continue to

27  operate to the extent that such amendments are not dependent

28  upon the portions of such text which expire pursuant to the

29  provisions of this act.

30         Section 32.  In order to implement Specific

31  Appropriations 265, 1096, 1390A, and 2909 of the 2003-2004


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    SB 2502                                        First Engrossed



 1  General Appropriations Act, section 63 of chapter 2002-402,

 2  Laws of Florida, is amended to read:

 3         Section 63.  The amendment of subsection (1) of section

 4  215.22, Florida Statutes, by this act shall expire on July 1,

 5  2004 2003, and the text of that subsection shall revert to

 6  that in existence on June 30, 2002, except that any amendments

 7  to such text enacted other than by this act shall be preserved

 8  and continue to operate to the extent that such amendments are

 9  not dependent upon the portions of such text which expire

10  pursuant to the provisions of this act.

11         Section 33.  In order to implement Specific

12  Appropriations 265, 1096, and 2909 of the 2003-2004 General

13  Appropriations Act, section 65 of chapter 2002-402, Laws of

14  Florida, is amended to read:

15         Section 65.  The amendment of subsection (4) of section

16  18.10, Florida Statutes, by this act shall expire on July 1,

17  2004 2003, and the text of that subsection shall revert to

18  that in existence on June 30, 2002, except that any amendments

19  to such text enacted other than by this act shall be preserved

20  and continue to operate to the extent that such amendments are

21  not dependent upon the portions of such text which expire

22  pursuant to the provisions of this act.

23         Section 34.  In order to implement Specific

24  Appropriations 265, 1096, and 2909 of the 2003-2004 General

25  Appropriations Act, section 67 of chapter 2002-402, Laws of

26  Florida, is amended to read:

27         Section 67.  The amendment of subsection (3) of section

28  18.125, Florida Statutes, by this act shall expire on July 1,

29  2004 2003, and the text of that subsection shall revert to

30  that in existence on June 30, 2002, except that any amendments

31  to such text enacted other than by this act shall be preserved


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    SB 2502                                        First Engrossed



 1  and continue to operate to the extent that such amendments are

 2  not dependent upon the portions of such text which expire

 3  pursuant to the provisions of this act.

 4         Section 35.  In order to implement Specific

 5  Appropriation 2909 of the 2003-2004 General Appropriations

 6  Act, section 69 of chapter 2002-402, Laws of Florida, is

 7  amended to read:

 8         Section 69.  The amendment of paragraph (f) of

 9  subsection (2) of section 14.2015, Florida Statutes, by this

10  act shall expire on July 1, 2004 2003, and the text of that

11  paragraph shall revert to that in existence on July 29, 2002,

12  except that any amendments to such text enacted other than by

13  this act shall be preserved and continue to operate to the

14  extent that such amendments are not dependent upon the

15  portions of such text which expire pursuant to the provisions

16  of this act.

17         Section 36.  In order to implement Specific

18  Appropriation 265 of the 2003-2004 General Appropriations Act,

19  section 71 of chapter 2002-402, Laws of Florida, is amended to

20  read:

21         Section 71.  The amendment of subsection (8) of section

22  240.4075, Florida Statutes, by this act shall expire on July

23  1, 2004 2003, and the text of that subsection shall revert to

24  that in existence on June 30, 2002, except that any amendments

25  to such text enacted other than by this act shall be preserved

26  and continue to operate to the extent that such amendments are

27  not dependent upon the portions of such text which expire

28  pursuant to the provisions of this act.

29         Section 37.  In order to implement Specific

30  Appropriation 265 of the 2003-2004 General Appropriations Act,

31  


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    SB 2502                                        First Engrossed



 1  section 73 of chapter 2002-402, Laws of Florida, is amended to

 2  read:

 3         Section 73.  The amendment of subsection (3) of section

 4  385.207, Florida Statutes, by this act shall expire on July 1,

 5  2004 2003, and the text of that subsection shall revert to

 6  that in existence on June 30, 2002, except that any amendments

 7  to such text enacted other than by this act shall be preserved

 8  and continue to operate to the extent that such amendments are

 9  not dependent upon the portions of such text which expire

10  pursuant to the provisions of this act.

11         Section 38.  In order to implement Specific

12  Appropriation 1096 of the 2003-2004 General Appropriations

13  Act, section 75 of chapter 2002-402, Laws of Florida, is

14  amended to read:

15         Section 75.  The amendment of subsection (1) of section

16  860.158, Florida Statutes, by this act shall expire on July 1,

17  2004 2003, and the text of that subsection shall revert to

18  that in existence on June 30, 2002, except that any amendments

19  to such text enacted other than by this act shall be preserved

20  and continue to operate to the extent that such amendments are

21  not dependent upon the portions of such text which expire

22  pursuant to the provisions of this act.

23         Section 39.  In order to implement Specific

24  Appropriation 1096 of the 2003-2004 General Appropriations

25  Act, section 77 of chapter 2002-402, Laws of Florida, is

26  amended to read:

27         Section 77.  The amendment of subsection (1) of section

28  938.01, Florida Statutes, by this act shall expire on July 1,

29  2004 2003, and the text of that subsection shall revert to

30  that in existence on June 30, 2002, except that any amendments

31  to such text enacted other than by this act shall be preserved


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    SB 2502                                        First Engrossed



 1  and continue to operate to the extent that such amendments are

 2  not dependent upon the portions of such text which expire

 3  pursuant to the provisions of this act.

 4         Section 40.  In order to implement Section 21 of the

 5  2003-2004 General Appropriations Act, paragraph (b) of

 6  subsection (2) of section 215.32, Florida Statutes, is

 7  reenacted to read:

 8         215.32  State funds; segregation.--

 9         (2)  The source and use of each of these funds shall be

10  as follows:

11         (b)1.  The trust funds shall consist of moneys received

12  by the state which under law or under trust agreement are

13  segregated for a purpose authorized by law. The state agency

14  or branch of state government receiving or collecting such

15  moneys shall be responsible for their proper expenditure as

16  provided by law. Upon the request of the state agency or

17  branch of state government responsible for the administration

18  of the trust fund, the Comptroller may establish accounts

19  within the trust fund at a level considered necessary for

20  proper accountability. Once an account is established within a

21  trust fund, the Comptroller may authorize payment from that

22  account only upon determining that there is sufficient cash

23  and releases at the level of the account.

24         2.  In order to maintain a minimum number of trust

25  funds in the State Treasury, each state agency or the judicial

26  branch may consolidate, if permitted under the terms and

27  conditions of their receipt, the trust funds administered by

28  it; provided, however, the agency or judicial branch employs

29  effectively a uniform system of accounts sufficient to

30  preserve the integrity of such trust funds; and provided,

31  


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    SB 2502                                        First Engrossed



 1  further, that consolidation of trust funds is approved by the

 2  Governor or the Chief Justice.

 3         3.  All such moneys are hereby appropriated to be

 4  expended in accordance with the law or trust agreement under

 5  which they were received, subject always to the provisions of

 6  chapter 216 relating to the appropriation of funds and to the

 7  applicable laws relating to the deposit or expenditure of

 8  moneys in the State Treasury.

 9         4.a.  Notwithstanding any provision of law restricting

10  the use of trust funds to specific purposes, unappropriated

11  cash balances from selected trust funds may be authorized by

12  the Legislature for transfer to the Budget Stabilization Fund

13  and Working Capital Fund in the General Appropriations Act.

14         b.  This subparagraph does not apply to trust funds

15  required by federal programs or mandates; trust funds

16  established for bond covenants, indentures, or resolutions

17  whose revenues are legally pledged by the state or public body

18  to meet debt service or other financial requirements of any

19  debt obligations of the state or any public body; the State

20  Transportation Trust Fund; the trust fund containing the net

21  annual proceeds from the Florida Education Lotteries; the

22  Florida Retirement System Trust Fund; trust funds under the

23  management of the Board of Regents, where such trust funds are

24  for auxiliary enterprises, self-insurance, and contracts,

25  grants, and donations, as those terms are defined by general

26  law; trust funds that serve as clearing funds or accounts for

27  the Comptroller or state agencies; trust funds that account

28  for assets held by the state in a trustee capacity as an agent

29  or fiduciary for individuals, private organizations, or other

30  governmental units; and other trust funds authorized by the

31  State Constitution.


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    SB 2502                                        First Engrossed



 1         Section 41.  A section of this act that implements a

 2  specific appropriation or specifically identified proviso

 3  language in the 2003-2004 General Appropriations Act is void

 4  if the specific appropriation or specifically identified

 5  proviso language is vetoed. A section of this act that

 6  implements more than one specific appropriation or more than

 7  one portion of specifically identified proviso language in the

 8  2003-2004 General Appropriations Act is void if all the

 9  specific appropriations or portions of specifically identified

10  proviso language are vetoed.

11         Section 42.  If any other act passed in 2003 contains a

12  provision that is substantively the same as a provision in

13  this act, but that removes or is otherwise not subject to the

14  future repeal applied to such provision by this act, the

15  Legislature intends that the provision in the other act shall

16  take precedence and shall continue to operate, notwithstanding

17  the future repeal provided by this act.

18         Section 43.  The agency performance measures and

19  standards in the document entitled "Performance Measures and

20  Standards Approved by the Legislature for Fiscal Year

21  2003-2004" dated March 21, 2003, and filed with the Secretary

22  of the Senate are incorporated by reference. Such performance

23  measures and standards are directly linked to the

24  appropriations made in the General Appropriations Act for

25  fiscal year 2003-2004, as required by the Government

26  Performance and Accountability Act of 1994. State agencies are

27  directed to revise their long-range program plans required

28  under section 216.013, Florida Statutes, to be consistent with

29  these performance measures and standards.

30         Section 44.  If any provision of this act or its

31  application to any person or circumstance is held invalid, the


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    SB 2502                                        First Engrossed



 1  invalidity does not affect other provisions or applications of

 2  the act which can be given effect without the invalid

 3  provision or application, and to this end the provisions of

 4  this act are severable.

 5         Section 45.  Except as otherwise provided in this act,

 6  this act shall take effect July 1, 2003; or, if this act fails

 7  to become a law until after that date, it shall take effect

 8  upon becoming a law and shall operate retroactively to July 1,

 9  2003.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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