HB 0023A 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.; requiring that funds for
16	privatized foster care and related services be allocated
17	in accordance with a methodology adopted by the Department
18	of Children and Family Services by rule and granting
19	rulemaking authority for such purpose; providing for lump
20	sum funding in the Department of Children and Family
21	Services to provide for continuity of foster care under
22	certain circumstances; amending s. 394.908, F.S.;
23	providing for substance abuse and mental health funding
24	equity as provided in the General Appropriations Act;
25	authorizing the Department of Children and Family Services
26	to procure contractual services to outsource the operation
27	of the Northeast Florida State Hospital; amending s.
28	381.0066, F.S.; continuing the additional fee on new
29	construction permits for onsite sewage treatment and
30	disposal systems the proceeds of which are used for system
31	research, demonstration, and training projects; amending
32	s. 385.207, F.S.; authorizing appropriation of funds in
33	the Epilepsy Services Trust Fund for epilepsy case
34	management services; authorizing the Department of Law
35	Enforcement to use certain moneys to provide bonuses to
36	employees for meritorious performance, subject to review;
37	amending s. 216.181, F.S.; authorizing the Department of
38	Law Enforcement to transfer positions and associated
39	budget and a certain percentage of salary rate between
40	budget entities and providing requirements with respect
41	thereto; authorizing the Correctional Privatization
42	Commission to make certain expenditures to defray costs
43	incurred by a municipality or county as a result of
44	opening or operating a facility under authority of the
45	commission or the Department of Juvenile Justice; amending
46	s. 16.555, F.S.; authorizing use of the Crime Stoppers
47	Trust Fund to pay for salaries and benefits and other
48	expenses of the Department of Legal Affairs; amending s.
49	932.7055, F.S.; allowing municipal special law enforcement
50	trust funds to be used to reimburse certain loans from
51	municipalities; amending s. 581.184, F.S.; requiring
52	notice to the property owner of the removal of infected
53	citrus trees or citrus trees exposed to infection;
54	amending s. 581.1845, F.S.; revising eligibility for
55	compensation of homeowners under the citrus canker
56	eradication program; prescribing the amount of
57	compensation for trees taken in the citrus canker
58	eradication program; amending s. 61.1826, F.S.; revising
59	provisions relating to the special master to resolve
60	disputes involving cooperative agreement and contract
61	terms for certain state and federal child support
62	provisions; amending s. 287.161, F.S.; requiring the
63	Department of Management Services to charge all persons
64	receiving transportation from the executive aircraft pool
65	a specified rate; amending s. 110.12315, F.S.; providing
66	copayment requirements for the state employees'
67	prescription drug program; amending s. 110.1239, F.S.;
68	providing requirements for the funding of the state group
69	health insurance program; amending s. 112.061, F.S.;
70	providing for computation of travel time and reimbursement
71	for public officers' and employees' travel; amending s.
72	252.373, F.S.; providing for use of funds of the Emergency
73	Management, Preparedness, and Assistance Trust Fund,
74	including use of certain funds as state match for current
75	federally approved disaster projects; amending s. 215.559,
76	F.S.; providing that use of the Florida Hurricane
77	Catastrophe Fund shall be as provided in the General
78	Appropriations Act; amending s. 253.025, F.S.; providing
79	that the use of funds allocated to the Relocation and
80	Construction Trust Fund shall be as provided in the
81	General Appropriations Act; amending s. 290.044, F.S.;
82	eliminating required distribution percentages for program
83	categories from the Florida Small Cities Community
84	Development Block Grant Program Fund and authorizing the
85	set-aside of a certain amount of such funds for certain
86	emergency-related activities; amending s. 402.3017, F.S.;
87	providing for administration of the Teacher Education and
88	Compensation Helps (TEACH) scholarship program by the
89	Agency for Workforce Innovation; amending s. 411.01, F.S.;
90	providing priority for placement of children in the school
91	readiness program; amending s. 1013.62, F.S.; providing
92	that funds for charter school capital outlay funding shall
93	be distributed by the Department of Education as provided
94	in the General Appropriations Act; amending s. 1009.66,
95	F.S.; deleting certain provisions relating to investment
96	and use of interest income of the Nursing Student Loan
97	Forgiveness Trust Fund; amending s. 385.207, F.S.;
98	deleting certain provisions relating to investment and use
99	of interest income of the Epilepsy Services Trust Fund;
100	amending s. 570.544, F.S.; reducing consumer complaint
101	processing responsibilities of the Division of Consumer
102	Services of the Department of Agriculture and Consumer
103	Services; amending ss. 526.3135 and 559.921, F.S., to
104	conform; amending s. 288.063, F.S.; providing for funds
105	for certain transportation projects approved by the Office
106	of Tourism, Trade, and Economic Development to be subject
107	to reversion; amending s. 339.08, F.S.; transferring $200
108	million from the State Transportation Trust Fund to the
109	General Revenue Fund; reducing the amount transferred from
110	certain transportation calculation requirements; providing
111	for transfer pursuant to law or a type two transfer of all
112	powers, duties, functions, records, personnel, property,
113	and unexpended balances of appropriations, allocations,
114	and other funds of the Office of Program Policy Analysis
115	and Government Accountability to the Office of the Auditor
116	General; providing for a type two transfer of all powers,
117	duties, functions, records, personnel, property, and
118	unexpended balances of appropriations, allocations, and
119	other funds of the Council for Education Policy Research
120	and Improvement to the Office of the Auditor General;
121	providing for future repeal or expiration of various
122	provisions; providing for reversion of certain provisions;
123	providing effect of veto of specific appropriation or
124	proviso to which implementing language refers; providing
125	applicability to other legislation; incorporating by
126	reference specified performance measures and standards
127	directly linked to the appropriations made in the 2003-
128	2004 General Appropriations Act, as required by the
129	Government Performance and Accountability Act of 1994;
130	providing severability; providing for construction of the
131	act in pari materia with laws enacted during the 2003
132	Regular Session of the Legislature; providing an effective
133	date.
134
135	Be It Enacted by the Legislature of the State of Florida:
136
137	Section 1. It is the intent of the Legislature that the
138	implementing and administering provisions of this act apply to
139	the General Appropriations Act for fiscal year 2003-2004.
140	Section 2. In order to implement Specific Appropriations
141	7-11, 123-128, and 130 of the 2003-2004 General Appropriations
142	Act:
143	(1) Effective July 1, 2003, each university that has not
144	made the transition from the state accounting system (FLAIR)
145	shall utilize the state accounting system for fiscal year 2003-
146	2004 but is not required to provide funds to the Department of
147	Financial Services for its utilization.
148	(2) Notwithstanding the provisions of ss. 216.181,
149	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
150	216.351, Florida Statutes, funds appropriated or reappropriated
151	to the state universities in the 2003-2004 General
152	Appropriations Act, or any other act passed by the 2003
153	Legislature containing appropriations, shall be distributed to
154	each university according to the 2003-2004 fiscal year operating
155	budget approved by the university board of trustees. Each
156	university board of trustees shall have authority to amend the
157	operating budget as circumstances warrant. The operating budget
158	may utilize traditional appropriation categories or it may
159	consolidate the appropriations into a special category
160	appropriation account. The Chief Financial Officer, upon the
161	request of the university board of trustees, shall record by
162	journal transfer the distribution of the appropriated funds and
163	releases according to the approved operating budget to the
164	appropriation accounts established for disbursement purposes for
165	each university within the state accounting system (FLAIR).
166	(3) Notwithstanding the provisions of ss. 216.181,
167	216.292, 1004.22, and 1011.4105, Florida Statutes, and pursuant
168	to s. 216.351, Florida Statutes, each university board of
169	trustees shall include in an approved operating budget the
170	revenue in trust funds supported by student and other fees as
171	well as the trust funds within the Contract, Grants, and
172	Donations, Auxiliary Enterprises, and Sponsored Research budget
173	entities. The university board of trustees shall have the
174	authority to amend the operating budget as circumstances
175	warrant. The operating budget may utilize traditional
176	appropriation categories or it may consolidate the trust fund
177	spending authority into a special category appropriation
178	account. The Chief Financial Officer, upon the request of the
179	university board of trustees, shall record the distribution of
180	the trust fund spending authority and releases according to the
181	approved operating budget to the appropriation accounts
182	established for disbursement purposes for each university within
183	the state accounting system (FLAIR).
184	(4) This section expires July 1, 2004.
185	Section 3. In order to implement Specific Appropriations
186	426-441 of the 2003-2004 General Appropriations Act, paragraph
187	(b) of subsection (1) of section 430.204, Florida Statutes, is
188	amended to read:
189	430.204 Community-care-for-the-elderly core services;
190	departmental powers and duties.--
191	(1)
192	(b) For fiscal year 2003-20042002-2003only, the
193	department shall fund, through each area agency on aging in each
194	county as defined in s. 125.011(1), more than one community care
195	service system the primary purpose of which is the prevention of
196	unnecessary institutionalization of functionally impaired
197	elderly persons through the provision of community-based core
198	services. This paragraph expires July 1, 20042003.
199	Section 4. In order to implement Specific Appropriations
200	426-441 of the 2003-2004 General Appropriations Act, paragraph
201	(b) of subsection (1) of section 430.205, Florida Statutes, is
202	amended to read:
203	430.205 Community care service system.--
204	(1)
205	(b) For fiscal year 2003-20042002-2003only, the
206	department shall fund, through the area agency on aging in each
207	county as defined in s. 125.011(1), more than one community care
208	service system that provides case management and other in-home
209	and community services as needed to help elderly persons
210	maintain independence and prevent or delay more costly
211	institutional care. This paragraph expires July 1, 20042003.
212	Section 5. In order to implement Specific Appropriations
213	274-276 of the 2003-2004 General Appropriations Act, subsection
214	(12) of section 216.292, Florida Statutes, is amended to read:
215	216.292 Appropriations nontransferable; exceptions.--
216	(12) For the 2003-20042002-2003 fiscal year only,and
217	notwithstanding the other provisions of this section, the
218	Department of Children and Family Services may transfer funds
219	within the family safety program identified in the General
220	Appropriations Act from identical funding sources between the
221	following appropriation categories without limitation as long as
222	such a transfer does not result in an increase to the total
223	recurring general revenue or trust fund cost of the agency in
224	the subsequent fiscal year: adoption services and subsidy;
225	family foster care; and emergency shelter care. Such transfers
226	must be consistent with legislative policy and intent and must
227	not adversely affect achievement of approved performance
228	outcomes or outputs in the family safety program. Notice of
229	proposed transfers under this authority must be provided to the
230	Executive Office of the Governor and the chairs of the
231	legislative appropriations committees at least 5 working days
232	before their implementation. This subsection expires July 1,
233	20042003.
234	Section 6. In order to implement Specific Appropriation
235	357 of the 2003-2004 General Appropriations Act, subsection (4)
236	of section 561.121, Florida Statutes, is amended to read:
237	561.121 Deposit of revenue.--
238	(4)(a)State funds collected pursuant to s. 561.501 shall
239	be paid into the State Treasury and credited to the following
240	accounts:
241	1.(a)Twenty-seven and two-tenths percent of the surcharge
242	on the sale of alcoholic beverages for consumption on premises
243	shall be transferred to the Children and Adolescents Substance
244	Abuse Trust Fund, which shall remain with the Department of
245	Children and Family Services for the purpose of funding programs
246	directed at reducing and eliminating substance abuse problems
247	among children and adolescents.
248	2.(b)The remainder of collections shall be credited to
249	the General Revenue Fund.
250	(b) For the 2003-2004 fiscal year only, and
251	notwithstanding the provisions of subparagraph (a)1., moneys in
252	the Children and Adolescents Substance Abuse Trust Fund may also
253	be used for the purpose of funding programs directed at reducing
254	and eliminating substance abuse problems among adults. This
255	paragraph expires July 1, 2004.
256	Section 7. In order to implement Specific Appropriations
257	265-268, 268B, 270A-272, and 274-277, paragraph (b) of
258	subsection (1) of section 409.1671, Florida Statutes, is amended
259	to read:
260	409.1671 Foster care and related services;
261	privatization.--
262	(1)
263	(b) It is the intent of the Legislature that the
264	department will continue to work towards full privatization by
265	initiating the competitive procurement process in each county by
266	January 1, 2003. In order to provide for an adequate transition
267	period to develop the necessary administrative and service
268	delivery capacity in each community, the full transfer of all
269	foster care and related services must be completed statewide by
270	December 31, 2004. The department shall adopt by rule pursuant
271	to ss. 120.536(1) and 120.54 a methodology for determining and
272	transferring all available funds currently associated with the
273	services that are being furnished under contract. This
274	methodology must provide for the transfer of funds appropriated
275	and budgeted for all services and programs that have been
276	incorporated into this program, including furniture, equipment,
277	and administrative funds, to accomplish the transfer of these
278	programs. The funds appropriated for this program that are
279	distributed between the counties and the districts and to
280	community-based care providers in the state to provide child
281	protective services as contemplated in this subsection shall be
282	allocated pursuant to the terms of the rule. The rule shall
283	provide for a phased implementation of its provisions, and until
284	such time as the rule is finalized and adopted the department
285	shall allocate funds in the same proportion as the annualized
286	distribution of funds at the end of fiscal year 2002-2003.
287	Section 8. The amendment of paragraph (b) of subsection
288	(1) of s. 409.1671, Florida Statutes, by this act shall expire
289	on July 1, 2004, and the text of that paragraph shall revert to
290	that in existence on June 30, 2003, except that any amendments
291	to such text enacted other than by this act shall be preserved
292	and continue to operate to the extent that such amendments are
293	not dependent upon the portions of such text which expire
294	pursuant to the provisions of this act.
295	Section 9. In order to implement Specific Appropriation
296	269A of the 2003-2004 General Appropriations Act, subsection (7)
297	of section 409.1671, Florida Statutes, is amended to read:
298	409.1671 Foster care and related services;
299	privatization.--
300	(7) The department, in consultation with existing lead
301	agencies, shall develop a proposal regarding the long-term use
302	and structure of a statewide shared earnings program which
303	addresses the financial risk to eligible lead community-based
304	providers resulting from unanticipated caseload growth or from
305	significant changes in client mixes or services eligible for
306	federal reimbursement. The recommendations in the statewide
307	proposal must also be available to entities of the department
308	until the conversion to community-based care takes place. At a
309	minimum, the proposal must allow for use of federal earnings
310	received from child welfare programs, which earnings are
311	determined by the department to be in excess of the amount
312	appropriated in the General Appropriations Act, to be used for
313	specific purposes. These purposes include, but are not limited
314	to:
315	(a) Significant changes in the number or composition of
316	clients eligible to receive services.
317	(b) Significant changes in the services that are eligible
318	for reimbursement.
319	(c) Significant changes in the availability of federal
320	funds.
321	(d) Shortfalls in state funds available for eligible or
322	ineligible services.
323	(e) Significant changes in the mix of available funds.
324	(f) Scheduled or unanticipated, but necessary, advances to
325	providers or other cash-flow issues.
326	(g) Proposals to participate in optional Medicaid services
327	or other federal grant opportunities.
328	(h) Appropriate incentive structures.
329	(i) Continuity of care in the event of lead agency
330	failure, discontinuance of service, or financial misconduct.
331
332	The department shall further specify the necessary steps to
333	ensure the financial integrity of these dollars and their
334	continued availability on an ongoing basis. The final proposal
335	shall be submitted to the Legislative Budget Commission for
336	formal adoption before December 31, 2002. If the Legislative
337	Budget Commission refuses to concur with the adoption of the
338	proposal, the department shall present its proposal in the form
339	of recommended legislation to the President of the Senate and
340	the Speaker of the House of Representatives before the
341	commencement of the next legislative session. For fiscal year
342	2003-2004 and annually thereafter, the department of Children
343	and Family Servicesmay request in its legislative budget
344	request, and the Governor may recommend, the funding necessary
345	to carry out paragraph (i) from excess federal earnings. The
346	General Appropriations Act shall include any funds appropriated
347	for this purpose in a lump sum in the departmentAdministered
348	Funds Program, which funds constitute partial security for lead
349	agency contract performance. The department shall use this
350	appropriation to offset the need for a performance bond for that
351	year after a comparison of risk to the funds available. In no
352	event shall this performance bond exceed 2.5 percent of the
353	annual contract value. The department may separately require a
354	bond to mitigate the financial consequences of potential acts of
355	malfeasance, misfeasance, or criminal violations by the
356	provider. Prior to the release of any funds in the lump sum, the
357	department shall submit a detailed operational plan, which must
358	identify the sources of specific trust funds to be used. The
359	release of the trust fund shall be subject to the notice and
360	review provisions of s. 216.177. However, the release shall not
361	require approval of the Legislative Budget Commission.
362	Section 10. The amendment of subsection (7) of s.
363	409.1671, Florida Statutes, by this act shall expire on July 1,
364	2004, and the text of that subsection shall revert to that in
365	existence on June 30, 2003, except that any amendments to such
366	text enacted other than by this act shall be preserved and
367	continue to operate to the extent that such amendments are not
368	dependent upon the portions of such text which expire pursuant
369	to the provisions of this act.
370	Section 11. In order to implement Specific Appropriations
371	324-357A of the 2003-2004 General Appropriations Act, subsection
372	(8) of section 394.908, Florida Statutes, is amended to read:
373	394.908 Substance abuse and mental health funding equity;
374	distribution of appropriations.--In recognition of the
375	historical inequity among service districts of the former
376	Department of Health and Rehabilitative Services in the funding
377	of substance abuse and mental health services, and in order to
378	rectify this inequity and provide for equitable funding in the
379	future throughout the state, the following funding process shall
380	be adhered to:
381	(8) For fiscal year 2003-20042002-2003only, and
382	notwithstanding the provisions of this section, all new funds
383	received in excess of fiscal year 2002-20032001-2002recurring
384	appropriations shall be allocated in accordance with the
385	provisions of the General Appropriations Act; however, no
386	district shall receive an allocation of recurring funds less
387	than its initial approved operating budget, plus any
388	distributions of lump sum appropriations or reductions in
389	unfunded budget, for fiscal year 2002-20032001-2002. This
390	subsection expires July 1, 20042003.
391	Section 12. In order to implement Specific Appropriation
392	415 of the 2003-2004 General Appropriations Act, for the 2003-
393	2004 fiscal year only, and notwithstanding the provisions of s.
394	287.057, Florida Statutes, the Department of Children and Family
395	Services is authorized to procure contractual services to
396	outsource the operation of the Northeast Florida State Hospital
397	with a qualified vendor with experience in operating a mental
398	health treatment facility in this state. This section expires
399	July 1, 2004.
400	Section 13. In order to implement Specific Appropriation
401	519 of the 2003-2004 General Appropriations Act, paragraph (k)
402	of subsection (2) of section 381.0066, Florida Statutes, is
403	amended to read:
404	381.0066 Onsite sewage treatment and disposal systems;
405	fees.--
406	(2) The minimum fees in the following fee schedule apply
407	until changed by rule by the department within the following
408	limits:
409	(k) Research: An additional $5 fee shall be added to each
410	new system construction permit issued during fiscal years 1996-
411	20041996-2003to be used for onsite sewage treatment and
412	disposal system research, demonstration, and training projects.
413	Five dollars from any repair permit fee collected under this
414	section shall be used for funding the hands-on training centers
415	described in s. 381.0065(3)(j).
416
417	The funds collected pursuant to this subsection must be
418	deposited in a trust fund administered by the department, to be
419	used for the purposes stated in this section and ss. 381.0065
420	and 381.00655.
421	Section 14. In order to implement Specific Appropriation
422	477 of the 2003-2004 General Appropriations Act, subsection (6)
423	of section 385.207, Florida Statutes, is amended to read:
424	385.207 Care and assistance of persons with epilepsy;
425	establishment of programs in epilepsy control.--
426	(6) For the 2003-20042002-2003fiscal year only, funds in
427	the Epilepsy Services Trust Fund may be appropriated for
428	epilepsy case management services. This subsection expires July
429	1, 20042003.
430	Section 15. Consistent with the provisions of s. 216.163,
431	Florida Statutes, in accordance with performance-based program
432	budgeting requirements, and notwithstanding the provisions of s.
433	216.181, Florida Statutes, the Department of Law Enforcement may
434	transfer up to one-half of 1 percent of the funds in Specific
435	Appropriations 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181,
436	1190, and 1195 of the 2002-2003 General Appropriations Act for
437	salary bonuses for departmental employees at the discretion of
438	the executive director, provided that such bonuses are given
439	only to selected employees for meritorious performance, instead
440	of being given as across-the-board bonuses for all employees.
441	The department, after consultation with the Executive Office of
442	the Governor, shall provide a plan to the chairs of the
443	legislative appropriations committees responsible for producing
444	the General Appropriations Act for review before awarding such
445	bonuses. This section expires July 1, 2004.
446	Section 16. In order to implement Specific Appropriations
447	1118-1201 of the 2003-2004 General Appropriations Act,
448	subsection (17) of section 216.181, Florida Statutes, is amended
449	to read:
450	216.181 Approved budgets for operations and fixed capital
451	outlay.--
452	(17) Notwithstanding any other provision of this section
453	to the contrary, and for the 2003-20042002-2003fiscal year
454	only, the Department of Law Enforcement may transfer up to 20
455	positions and associated budget between budget entities,
456	provided the same funding source is used throughout each
457	transfer. The department may also transfer up to 10 percent of
458	the initial approved salary rate between budget entities,
459	provided the same funding source is used throughout each
460	transfer. The department must provide notice to the Executive
461	Office of the Governor, the chair of the Senate Budget
462	Committee, and the chair of the House Committee on Criminal
463	Justice Appropriations for all transfers of positions or salary
464	rate. This subsection expires July 1, 20042003.
465	Section 17. In order to implement proviso language
466	following Specific Appropriation 642 of the 2003-2004 General
467	Appropriations Act, the Correctional Privatization Commission
468	may expend appropriated funds to assist in defraying the costs
469	of impacts that are incurred by a municipality or county and
470	associated with opening or operating a facility under the
471	authority of the Correctional Privatization Commission or a
472	facility under the authority of the Department of Juvenile
473	Justice which is located within that municipality or county. The
474	amount that is to be paid under this section for any facility
475	may not exceed 1 percent of the facility construction cost, less
476	building impact fees imposed by the municipality or by the
477	county if the facility is located in the unincorporated portion
478	of the county. This section expires July 1, 2004.
479	Section 18. In order to implement Specific Appropriations
480	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
481	(b) of subsection (3) of section 16.555, Florida Statutes, is
482	amended to read:
483	16.555 Crime Stoppers Trust Fund; rulemaking.--
484	(3)
485	(b) For the 2003-20042002-2003 statefiscal year only,
486	and notwithstanding any provision of this section to the
487	contrary, moneys in the trust fund may also be used to pay for
488	salaries and benefits and other expenses of the department. This
489	paragraph expires July 1, 20042003.
490	Section 19. In order to implement Specific Appropriation
491	1164 of the 2003-2004 General Appropriations Act, paragraph (d)
492	of subsection (4) of section 932.7055, Florida Statutes, is
493	amended to read:
494	932.7055 Disposition of liens and forfeited property.--
495	(4)
496	(d) Notwithstanding any other provision of this
497	subsection, and for the 2003-20042002-2003fiscal year only,
498	the funds in a special law enforcement trust fund established by
499	the governing body of a municipality may be expended to
500	reimburse the general fund of the municipality for moneys
501	advanced from the general fund to the special law enforcement
502	trust fund prior to October 1, 2001. This paragraph expires July
503	1, 20042003.
504	Section 20. In order to implement Specific Appropriation
505	1394A of the 2003-2004 General Appropriations Act, paragraph (b)
506	of subsection (2) of section 581.184, Florida Statutes, is
507	amended to read:
508	581.184 Adoption of rules; citrus canker eradication;
509	voluntary destruction agreements.--
510	(2)
511	(b) Notwithstanding the provisions of paragraph (a), and
512	for the 2003-20042002-2003fiscal year only, notice of the
513	removal of infected citrus trees and citrus trees exposed to
514	infection, by immediate final order, shall be provided to the
515	owner of the property on which such trees are located. This
516	paragraph expires July 1, 20042003.
517	Section 21. In order to implement section 23 of the 2003-
518	2004 General Appropriations Act, paragraph (b) of subsection (2)
519	and subsection (6) of section 581.1845, Florida Statutes, are
520	amended to read:
521	581.1845 Citrus canker eradication; compensation to
522	homeowners whose trees have been removed.--
523	(2)
524	(b) Notwithstanding subparagraph (a)1., and for
525	compensation during the 2003-20042002-2003fiscal year only, to
526	be eligible to receive compensation under the program for
527	residential property where one or more citrus trees have been
528	removed on or after July 1, 2001, as part of a citrus canker
529	eradication program, a homeowner must be the homeowner of record
530	on the date the trees were removed. This paragraph expires July
531	1, 20042003.
532	(6) For the 2003-20042002-2003 fiscal year only,and
533	notwithstanding the $100-compensation amount specified in
534	subsection (3), the amount of compensation for each tree removed
535	from residential property by the citrus canker eradication
536	program shall be $55. This subsection expires July 1, 20042003.
537	Section 22. In order to implement Specific Appropriations
538	2804 and 2819 of the 2003-2004 General Appropriations Act,
539	subsection (4) of section 61.1826, Florida Statutes, is amended
540	to read:
541	61.1826 Procurement of services for State Disbursement
542	Unit and the non-Title IV-D component of the State Case
543	Registry; contracts and cooperative agreements; penalties;
544	withholding payment.--
545	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
546	contract between the Florida Association of Court Clerks and the
547	department, and cooperative agreements entered into by the
548	depositories and the department, must contain, but are not
549	limited to, the following terms:
550	(a) The initial term of the contract and cooperative
551	agreements is for 5 years. The subsequent term of the contract
552	and cooperative agreements is for 3 years, with the option of
553	two 1-year renewal periods, at the sole discretion of the
554	department.
555	(b) The duties and responsibilities of the Florida
556	Association of Court Clerks, the depositories, and the
557	department.
558	(c) Under s. 287.058(1)(a), all providers and
559	subcontractors shall submit to the department directly, or
560	through the Florida Association of Court Clerks, a report of
561	monthly expenditures in a format prescribed by the department
562	and in sufficient detail for a proper preaudit and postaudit
563	thereof.
564	(d) All providers and subcontractors shall submit to the
565	department directly, or through the Florida Association of Court
566	Clerks, management reports in a format prescribed by the
567	department.
568	(e) All subcontractors shall comply with chapter 280, as
569	may be required.
570	(f) Federal financial participation for eligible Title IV-
571	D expenditures incurred by the Florida Association of Court
572	Clerks and the depositories shall be at the maximum level
573	permitted by federal law for expenditures incurred for the
574	provision of services in support of child support enforcement in
575	accordance with 45 C.F.R. part 74 and Federal Office of
576	Management and Budget Circulars A-87 and A-122 and based on an
577	annual cost allocation study of each depository. The
578	depositories shall submit directly, or through the Florida
579	Association of Court Clerks, claims for Title IV-D expenditures
580	monthly to the department in a standardized format as prescribed
581	by the department. The Florida Association of Court Clerks shall
582	contract with a certified public accounting firm, selected by
583	the Florida Association of Court Clerks and the department, to
584	audit and certify quarterly to the department all claims for
585	expenditures submitted by the depositories for Title IV-D
586	reimbursement.
587	(g) Upon termination of the contracts between the
588	department and the Florida Association of Court Clerks or the
589	depositories, the Florida Association of Court Clerks, its
590	agents, and the depositories shall assist the department in
591	making an orderly transition to a private vendor.
592	(h) Interest on late payment by the department shall be in
593	accordance with s. 215.422.
594
595	If either the department or the Florida Association of Court
596	Clerks objects to a term of the standard cooperative agreement
597	or contract specified in subsections (2) and (3), the Chief
598	Financial Officer, with approval from the Governor and Cabinet,
599	shall appoint a third party todisputed term or terms shall be
600	presented jointly by the parties to the Attorney General or the
601	Attorney General's designee, who shall act as special master.
602	The special master shall resolve disputes between the department
603	and the Florida Association of Court Clerks related to
604	negotiation for and performance under the current contract and
605	any extended contract or subsequent contract. Additionally, the
606	special master shall resolve disputes relating to the
607	conformance of the state disbursement unit operations to the
608	recommendations in the audit performed by the chief financial
609	officer, or to any other audit duly conducted pursuant to state
610	or federal law.The special master shall resolve the dispute in
611	writing within 10 days. The resolution of a dispute by the
612	special master is binding on the department and the Florida
613	Association of Court Clerks.
614	Section 23. The amendment of subsection (4) of s. 61.1826,
615	Florida Statutes, by this act shall expire on July 1, 2004, and
616	the text of that subsection shall revert to that in existence on
617	June 30, 2003, except that any amendments to such text enacted
618	other than by this act shall be preserved and continue to
619	operate to the extent that such amendments are not dependent
620	upon the portions of such text which expire pursuant to the
621	provisions of this act.
622	Section 24. In order to implement Specific Appropriations
623	2592-2598A of the 2003-2004 General Appropriations Act,
624	subsection (4) of section 287.161, Florida Statutes, is amended
625	to read:
626	287.161 Executive aircraft pool; assignment of aircraft;
627	charge for transportation.--
628	(4) Notwithstanding the requirements of subsections (2)
629	and (3), and for the 2003-20042002-2003fiscal year only, the
630	Department of Management Services shall charge all persons
631	receiving transportation from the executive aircraft pool a rate
632	not less than the mileage allowance fixed by the Legislature for
633	the use of privately owned vehicles. Fees collected for persons
634	traveling by aircraft in the executive aircraft pool shall be
635	deposited into the Bureau of Aircraft Trust Fund and shall be
636	expended for costs incurred to operate the aircraft management
637	activities of the department. It is the intent of the
638	Legislature that the executive aircraft pool be operated on a
639	full cost recovery basis, less available funds. This subsection
640	expires July 1, 20042003.
641	Section 25. In order to implement Specific Appropriation
642	1949B of the 2003-2004 General Appropriations Act, subsection
643	(7) of section 110.12315, Florida Statutes, is amended to read:
644	110.12315 Prescription drug program.--The state employees'
645	prescription drug program is established. This program shall be
646	administered by the Department of Management Services, according
647	to the terms and conditions of the plan as established by the
648	relevant provisions of the annual General Appropriations Act and
649	implementing legislation, subject to the following conditions:
650	(7) Under the state employees' prescription drug program
651	copayments must be made as follows:
652	(a) Effective January 1, 2001:
653	1. For generic drug with
654	card...........................$7.
655	2. For preferred brand name drug with
656	card.............$20.
657	3. For nonpreferred brand name drug with
658	card..........$35.
659	4. For generic mail order
660	drug......................$10.50.
661	5. For preferred brand name mail order
662	drug............$30.
663	6. For nonpreferred brand name
664	drug.................$52.50.
665	(b) The Department of Management Services shall create a
666	preferred brand name drug list to be used in the administration
667	of the state employees' prescription drug program.
668
669	This subsection expires July 1, 20042003.
670	Section 26. In order to implement Specific Appropriation
671	1949B of the 2003-2004 General Appropriations Act, section
672	110.1239, Florida Statutes, is amended to read:
673	110.1239 State group health insurance program
674	funding.--For the 2003-20042002-2003fiscal year only, it is
675	the intent of the Legislature that the state group health
676	insurance program be managed, administered, operated, and funded
677	in such a manner as to maximize the protection of state employee
678	health insurance benefits. Inherent in this intent is the
679	recognition that the health insurance liabilities attributable
680	to the benefits offered state employees should be fairly,
681	orderly, and equitably funded. Accordingly:
682	(1) The division shall determine the level of premiums
683	necessary to fully fund the state group health insurance program
684	for the next fiscal year. Such determination shall be made after
685	each Self-Insurance Estimating Conference as provided in s.
686	216.136(11), but not later than December 1 and April 1 of each
687	fiscal year.
688	(2) The Governor, in the Governor's recommended budget,
689	shall provide premium rates necessary for full funding of the
690	state group health insurance program, and the Legislature shall
691	provide in the General Appropriations Act for a premium level
692	necessary for full funding of the state group health insurance
693	program.
694	(3) For purposes of funding, any additional appropriation
695	amounts allocated to the state group health insurance program by
696	the Legislature shall be considered as a state contribution and
697	thus an increase in the state premiums.
698	(4) This section expires July 1, 20042003.
699	Section 27. In order to implement sections 2-7 of the
700	2003-2004 General Appropriations Act, paragraph (c) of
701	subsection (5) and paragraph (d) of subsection (6) of section
702	112.061, Florida Statutes, are amended to read:
703	112.061 Per diem and travel expenses of public officers,
704	employees, and authorized persons.--
705	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
706	purposes of reimbursement and methods of calculating fractional
707	days of travel, the following principles are prescribed:
708	(c) For the 2003-20042002-2003 fiscal year only,and
709	notwithstanding the other provisions of this subsection, for
710	Class C travel, a state traveler shall not be reimbursed on a
711	per diem basis nor shall a traveler receive subsistence
712	allowance. This paragraph expires July 1, 20042003.
713	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
714	purposes of reimbursement rates and methods of calculation, per
715	diem and subsistence allowances are divided into the following
716	groups and rates:
717	(d) For the 2003-20042002-2003 fiscal year only,and
718	notwithstanding the other provisions of this subsection, for
719	Class C travel, a state traveler shall not be reimbursed on a
720	per diem basis nor shall a traveler receive subsistence
721	allowance. This paragraph expires July 1, 20042003.
722	Section 28. In order to implement Specific Appropriations
723	1417-1419, 1421-1424, 1426, 1427, 1430, 1432, 1434, 1436-1438,
724	1439, 1439K-1443, and 1446-1450 of the 2003-2004 General
725	Appropriations Act, paragraphs (b) and (c) of subsection (1) of
726	section 252.373, Florida Statutes, are amended to read:
727	252.373 Allocation of funds; rules.--
728	(1)
729	(b) Notwithstanding the provisions of paragraph (a), and
730	for the 2003-20042002-2003fiscal year only, the use of the
731	Emergency Management, Preparedness, and Assistance Trust Fund
732	shall be as provided in the General Appropriations Act. This
733	paragraph expires on July 1, 20042003.
734	(c) Notwithstanding the provisions of paragraph (a), and
735	for the 2003-20042002-2003fiscal year only, the Department of
736	Community Affairs shall conduct a review of funds available in
737	the Emergency Management, Preparedness, and Assistance Trust
738	Fund. By December 311, 20032002, when actual receipts for the
739	2002-20032001-2002fiscal year are determined, the Department
740	of Community Affairs may identify any funds that were unspent or
741	unencumbered in the 2002-20032001-2002 fiscal year that are not
742	required to implement appropriations for the 2002-2003 fiscal
743	year from the Emergency Management, Preparedness, and Assistance
744	Trust Fund, and such funds may be transferred to the Grants and
745	Donations Trust Fund to be used for the state portion of the
746	match requirements for current federally approved disaster
747	Hazard Mitigation Grant Programprojects. This paragraph expires
748	July 1, 20042003.
749	Section 29. In order to implement Specific Appropriations
750	1432A, 1438A-1438I, 1438K, 1438L, 1438N, and 1439E-1439J of the
751	2003-2004 General Appropriations Act, subsection (8) of section
752	215.559, Florida Statutes, is renumbered as subsection (9), and
753	a new subsection (8) is added to said section to read:
754	215.559 Hurricane Loss Mitigation Program.--
755	(8) Notwithstanding the provisions of subsection (5), and
756	for the 2003-2004 fiscal year only, the use of the Florida
757	Hurricane Catastrophe Fund shall be as provided in the General
758	Appropriations Act. This subsection expires on July 1, 2004.
759	Section 30. In order to implement Specific Appropriation
760	1303A of the 2003-2004 General Appropriations Act, paragraph (e)
761	is added to subsection (13) of section 253.025, Florida
762	Statutes, to read:
763	253.025 Acquisition of state lands for purposes other than
764	preservation, conservation, and recreation.--
765	(13)
766	(e) For the 2003-2004 fiscal year only, the use of funds
767	allocated to the Relocation and Construction Trust Fund shall be
768	as provided in the General Appropriations Act. This paragraph
769	expires July 1, 2004.
770	Section 31. In order to implement Specific Appropriations
771	1452-1459A of the 2003-2004 General Appropriations Act,
772	subsection (4) of section 290.044, Florida Statutes, is amended
773	to read:
774	290.044 Florida Small Cities Community Development Block
775	Grant Program Fund; administration; distribution.--
776	(4) The percentage of funds distributed in each of the
777	grant program categories from federal funds for federal fiscal
778	year 1985 shall be established by the Legislature in the
779	appropriation process for the 1984 regular session and shall be
780	established annually thereafter in the same manner. The
781	department shall submit its recommendation on the distribution
782	percentages to the Governor and Legislature as part of its
783	regular budget proposals. The department may set asideshall
784	provide for the set-aside of an amount of up to 510percent of
785	the funds allocated to the neighborhood revitalization category
786	in its distribution percentagesfor use in any eligible local
787	government jurisdiction for which an emergency or natural
788	disaster has been declared by executive order. Such funds may
789	only be provided to a local government to fund eligible
790	emergency-related activities for which no other source of
791	federal, state, or local disaster funds is available. The
792	department mayshallprovide for such set-aside by rule. In the
793	last quarter of the state fiscal year, any funds not allocated
794	under the emergency-related set-aside shall be used to fully
795	fund any applications which were partially funded due to
796	inadequate funds in the most recently completed neighborhood
797	revitalization category funding cycle, and then any remaining
798	funds shall be distributed to the next unfunded applications.
799	Section 32. The amendment of subsection (4) of s. 290.044,
800	Florida Statutes, by this act shall expire on July 1, 2004, and
801	the text of that subsection shall revert to that in existence on
802	June 30, 2003, except that any amendments to such text enacted
803	other than by this act shall be preserved and continue to
804	operate to the extent that such amendments are not dependent
805	upon the portions of such text which expire pursuant to the
806	provisions of this act.
807	Section 33. In order to implement Specific Appropriation
808	2014 of the 2003-2004 General Appropriations Act, section
809	402.3017, Florida Statutes, is amended to read:
810	402.3017 Teacher Education and Compensation Helps (TEACH)
811	scholarship program.--
812	(1) The Legislature finds that the level of early child
813	care teacher education and training is a key predictor for
814	determining program quality. The Legislature also finds that low
815	wages for child care workers prevent many from obtaining
816	increased training and education and contribute to high turnover
817	rates. The Legislature therefore intends to help fund a program
818	which links teacher training and education to compensation and
819	commitment to the field of early childhood education.
820	(2) The Department of Children and Family Services is
821	authorized to contract for the administration of the Teacher
822	Education and Compensation Helps (TEACH) scholarship program,
823	which provides educational scholarships to caregivers and
824	administrators of early childhood programs, family day care
825	homes, and large family child care homes.
826	(3) The department shall adopt rules as necessary to
827	implement this section.
828	(4) For the 2003-20042002-2003fiscal year only, the
829	Agency for Workforce Innovation shall administer this section.
830	This subsection expires July 1, 20042003.
831	Section 34. In order to implement Specific Appropriation
832	2014 of the 2003-2004 General Appropriations Act, subsection
833	(13) of section 411.01, Florida Statutes, is amended to read:
834	411.01 Florida Partnership for School Readiness; school
835	readiness coalitions.--
836	(13) PLACEMENTS.--Notwithstanding any other provision of
837	this section to the contrary, and for fiscal year 2003-2004
838	2002-2003only, the first children to be placed in the school
839	readiness program shall be those from families receiving
840	temporary cash assistance and subject to federal work
841	requirements. Subsequent placements shall be pursuant to the
842	provisions of this section. This subsection expires July 1, 2004
843	2003.
844	Section 35. In order to implement Specific Appropriation
845	12C of the 2003-2004 General Appropriations Act, subsection (7)
846	is added to section 1013.62, Florida Statutes, to read:
847	1013.62 Charter schools capital outlay funding.--
848	(7) For the 2003-2004 fiscal year only, and
849	notwithstanding subsection (1), funds for charter school capital
850	outlay shall be distributed by the Department of Education as
851	provided in the General Appropriations Act.
852	Section 36. In order to implement Specific Appropriations
853	584-601A of the 2003-2004 General Appropriations Act, subsection
854	(7) of section 1009.66, Florida Statutes, as amended by section
855	71 of chapter 2002-402, Laws of Florida, and section 3 of
856	chapter 2002-400, Laws of Florida, is amended to read:
857	1009.66 Nursing Student Loan Forgiveness Program.--
858	(7)(a)Funds contained in the Nursing Student Loan
859	Forgiveness Trust Fund which are to be used for loan forgiveness
860	for those nurses employed by hospitals, birth centers, and
861	nursing homes must be matched on a dollar-for-dollar basis by
862	contributions from the employing institutions, except that this
863	provision shall not apply to state-operated medical and health
864	care facilities, public schools, county health departments,
865	federally sponsored community health centers, teaching hospitals
866	as defined in s. 408.07, family practice teaching hospitals as
867	defined in s. 395.805, or specialty hospitals for children as
868	used in s. 409.9119. An estimate of the annual trust fund
869	dollars shall be made at the beginning of the fiscal year based
870	on historic expenditures from the trust fund. Applicant requests
871	shall be reviewed on a quarterly basis, and applicant awards
872	shall be based on the following priority of employer until all
873	such estimated trust funds are awarded: state-operated medical
874	and health care facilities; public schools; county health
875	departments; federally sponsored community health centers;
876	teaching hospitals as defined in s. 408.07; family practice
877	teaching hospitals as defined in s. 395.805; specialty hospitals
878	for children as used in s. 409.9119; and other hospitals, birth
879	centers, and nursing homes.
880	(b) All Nursing Student Loan Forgiveness Trust Fund moneys
881	shall be invested pursuant to s. 18.125. Interest income
882	accruing to that portion of the trust fund not matched shall
883	increase the total funds available for loan forgiveness and
884	scholarships. Pledged contributions shall not be eligible for
885	matching prior to the actual collection of the total private
886	contribution for the year.
887	Section 37. The amendment of subsection (7) of s. 1009.66,
888	Florida Statutes, by this act shall expire on July 1, 2004, and
889	the text of that subsection shall revert to that in existence on
890	June 30, 2003, except that any amendments to such text enacted
891	other than by this act shall be preserved and continue to
892	operate to the extent that such amendments are not dependent
893	upon the portions of such text which expire pursuant to the
894	provisions of this act.
895	Section 38. In order to implement Specific Appropriation
896	477 of the 2003-2004 General Appropriations Act, subsection (3)
897	of section 385.207, Florida Statutes, as amended by section 73
898	of chapter 2002-402, Laws of Florida, is amended to read:
899	385.207 Care and assistance of persons with epilepsy;
900	establishment of programs in epilepsy control.--
901	(3) Revenue for statewide implementation of programs for
902	epilepsy prevention and education pursuant to this section shall
903	be derived pursuant to the provisions of s. 318.21(6) and shall
904	be deposited in the Epilepsy Services Trust Fund, which is
905	hereby established to be administered by the Department of
906	Health. All funds deposited into the trust fund shall be
907	invested pursuant to the provisions of s. 18.125. Interest
908	income accruing to such invested funds shall increase the total
909	funds available under this subsection.
910	Section 39. The amendment of subsection (3) of s. 385.207,
911	Florida Statutes, by this act shall expire on July 1, 2004, and
912	the text of that subsection shall revert to that in existence on
913	June 30, 2003, except that any amendments to such text enacted
914	other than by this act shall be preserved and continue to
915	operate to the extent that such amendments are not dependent
916	upon the portions of such text which expire pursuant to the
917	provisions of this act.
918	Section 40. In order to implement Specific Appropriations
919	1335-1339 of the 2003-2004 General Appropriations Act, section
920	570.544, Florida Statutes, is amended to read:
921	570.544 Division of Consumer Services; director; powers;
922	processing of complaints;records.--
923	(1) The director of the Division of Consumer Services
924	shall be appointed by and serve at the pleasure of the
925	commissioner.
926	(2) The Division of Consumer Services may:
927	(a) Conduct studies and make analyses of matters affecting
928	the interests of consumers.
929	(b) Study the operation of laws for consumer protection.
930	(c) Advise and make recommendations to the various state
931	agencies concerned with matters affecting consumers.
932	(d) Assist, advise, and cooperate with local, state, or
933	federal agencies and officials in order to promote the interests
934	of consumers.
935	(e) Make use of the testing and laboratory facilities of
936	the department for the detection of consumer fraud.
937	(f) Report to the appropriate law enforcement officers any
938	information concerning violation of consumer protection laws.
939	(g) Assist, develop, and conduct programs of consumer
940	education and consumer information through publications and
941	other informational and educational material prepared for
942	dissemination to the public, in order to increase the competence
943	of consumers.
944	(h) Organize and hold conferences on problems affecting
945	consumers.
946	(i) Recommend programs to encourage business and industry
947	to maintain high standards of honesty, fair business practices,
948	and public responsibility in the production, promotion, and sale
949	of consumer goods and services.
950	(3) In addition to the powers, duties, and
951	responsibilities authorized by this or any other chapter, the
952	Division of Consumer Services shall serve as a clearinghouse for
953	matters relating to consumer protection, consumer information,
954	and consumer services generally. It shall receive complaints and
955	grievances from consumers and promptly transmit them to that
956	agency most directly concerned in order that the complaint or
957	grievance may be expeditiously handled in the best interests of
958	the complaining consumer. If no agency exists, the Division of
959	Consumer Services shall seek a settlement of the complaint using
960	formal or informal methods of mediation and conciliation and may
961	seek any other resolution of the matter in accordance with its
962	jurisdiction.
963	(4) If any complaint received by the Division of Consumer
964	Services concerns matters which involve concurrent jurisdiction
965	in more than one agency, duplicate copies of the complaint shall
966	be referred to those offices deemed to have concurrent
967	jurisdiction.
968	(3)(5)(a) Any agency, office, bureau, division, or board
969	of state government receiving a complaint which deals with
970	consumer fraud or consumer protection and which is not within
971	the jurisdiction of the receiving agency, office, bureau,
972	division, or board originally receiving it, shall immediately
973	refer the complaint to the Division of Consumer Services.
974	(b) Upon receipt of such a complaint, the Division of
975	Consumer Services shall make a determination of the proper
976	jurisdiction to which the complaint relates and shall
977	immediately refer the complaint to the agency, office, bureau,
978	division, or board which does have the proper regulatory or
979	enforcement authority to deal with it.
980	(6)(a) The office or agency to which a complaint has been
981	referred shall within 30 days acknowledge receipt of the
982	complaint and report on the disposition made of the complaint.
983	In the event a complaint has not been disposed of within 30
984	days, the receiving office or agency shall file progress reports
985	with the Division of Consumer Services no less frequently than
986	30 days until final disposition.
987	(b) The report shall contain at least the following
988	information:
989	1. A finding of whether the receiving agency has
990	jurisdiction of the subject matter involved in the complaint.
991	2. Whether the complaint is deemed to be frivolous, sham,
992	or without basis in fact or law.
993	3. What action has been taken and a report on whether the
994	original complainant was satisfied with the final disposition.
995	4. Any recommendation regarding needed changes in law or
996	procedure which in the opinion of the reporting agency or office
997	will improve consumer protection in the area involved.
998	(7)(a) If the office or agency receiving a complaint fails
999	to file a report as contemplated in this section, that failure
1000	shall be construed as a denial by the receiving office or agency
1001	that it has jurisdiction of the subject matter contained in the
1002	complaint.
1003	(b) If an office or agency receiving a complaint
1004	determines that the matter presents a prima facie case for
1005	criminal prosecution or if the complaint cannot be settled at
1006	the administrative level, the complaint together with all
1007	supporting evidence shall be transmitted to the Department of
1008	Legal Affairs or other appropriate enforcement agency with a
1009	recommendation for civil or criminal action warranted by the
1010	evidence.
1011	(4)(8)The records of the Division of Consumer Services
1012	are public records. However, customer lists, customer names, and
1013	trade secrets are confidential and exempt from the provisions of
1014	s. 119.07(1). Disclosure necessary to enforcement procedures
1015	shall not be construed as violative of this prohibition.
1016	(5)(9)It shall be the duty of the Division of Consumer
1017	Services to maintain records and compile summaries and analyses
1018	of consumer complaints under its jurisdictionand their eventual
1019	disposition, which data may serve as a basis for recommendations
1020	to the Legislature and to state regulatory agencies.
1021	Section 41. The amendment of s. 570.544, Florida Statutes,
1022	by this act shall expire on July 1, 2004, and the text of that
1023	section shall revert to that in existence on June 30, 2003,
1024	except that any amendments to such text enacted other than by
1025	this act shall be preserved and continue to operate to the
1026	extent that such amendments are not dependent upon the portions
1027	of such text which expire pursuant to the provisions of this
1028	act.
1029	Section 42. In order to implement Specific Appropriations
1030	1335-1339 of the 2003-2004 General Appropriations Act, section
1031	526.3135, Florida Statutes, is amended to read:
1032	526.3135 Reports by the Division of Standards.--The
1033	Division of Standards is directed to compile a report pursuant
1034	to s. 570.544 of all complaints received by the Department of
1035	Agriculture and Consumer Services pursuant to this act. Such
1036	report shall contain at least the information required by s.
1037	570.544(6)(b)2.-4. and shallbe presented to the Speaker of the
1038	House of Representatives and the President of the Senate no
1039	later than January 1 of each year.
1040	Section 43. The amendment of s. 526.3135, Florida
1041	Statutes, by this act shall expire on July 1, 2004, and the text
1042	of that section shall revert to that in existence on June 30,
1043	2003, except that any amendments to such text enacted other than
1044	by this act shall be preserved and continue to operate to the
1045	extent that such amendments are not dependent upon the portions
1046	of such text which expire pursuant to the provisions of this
1047	act.
1048	Section 44. In order to implement Specific Appropriations
1049	1335-1339 of the 2003-2004 General Appropriations Act,
1050	subsection (2) of section 559.921, Florida Statutes, is amended
1051	to read:
1052	559.921 Remedies.--
1053	(2) The department shall referprocess consumer complaints
1054	to the Division of Consumer Servicesaccording to ss. 570.07 and
1055	570.544.
1056	Section 45. The amendment of subsection (2) of s. 559.921,
1057	Florida Statutes, by this act shall expire on July 1, 2004, and
1058	the text of that subsection shall revert to that in existence on
1059	June 30, 2003, except that any amendments to such text enacted
1060	other than by this act shall be preserved and continue to
1061	operate to the extent that such amendments are not dependent
1062	upon the portions of such text which expire pursuant to the
1063	provisions of this act.
1064	Section 46. In order to implement Section 24 of the 2003-
1065	2004 General Appropriations Act, subsection (10) of section
1066	288.063, Florida Statutes, is amended to read:
1067	288.063 Contracts for transportation projects.--
1068	(10)(a)Notwithstanding the provisions of s. 216.301,
1069	funds appropriated for this purpose shall not be subject to
1070	reversion.
1071	(b) For the 2003-2004 fiscal year only and notwithstanding
1072	paragraph (a), funds appropriated for this purpose in previous
1073	years are subject to the reversion requirements of s. 216.301.
1074	This paragraph expires July 1, 2004.
1075	Section 47. In order to implement Section 30 of the 2003-
1076	2004 General Appropriations Act, subsection (5) is added to
1077	section 339.08, Florida Statutes, to read:
1078	339.08 Use of moneys in State Transportation Trust Fund.--
1079	(5) For the 2003-2004 fiscal year only and notwithstanding
1080	the provisions of this section and s. 339.09(1), $200 million
1081	may be transferred from the State Transportation Trust Fund to
1082	the General Revenue Fund in the 2003-2004 General Appropriations
1083	Act. Such transfer may be comprised of several smaller transfers
1084	made during the 2003-2004 fiscal year. Notwithstanding ss.
1085	206.46(3) and 206.606(2), the total amount transferred shall be
1086	reduced from total state revenues deposited into the State
1087	Transportation Trust Fund for the calculation requirements of
1088	ss. 206.46(3) and 206.606(2). This subsection expires July 1,
1089	2004.
1090	Section 48. In order to implement Specific Appropriation
1091	2545 of the 2003-2004 General Appropriations Act, effective July
1092	1, 2003, transfers shall occur as described in legislation that
1093	becomes law reorganizing the Office of the Auditor General and
1094	the Office of Program Policy Analysis and Government
1095	Accountability into the Office of Government Accountability. If
1096	such legislation does not become law, all powers, duties,
1097	functions, records, personnel, property, and unexpended balances
1098	of appropriations, allocations, and other funds of the Office of
1099	Program Policy Analysis and Government Accountability are
1100	transferred by a type two transfer, as defined in s. 20.06,
1101	Florida Statutes, to the Office of the Auditor General.
1102	Consistent with the provisions of s. 11.45(4)(a), Florida
1103	Statutes, and notwithstanding any other provision of law to the
1104	contrary, the Auditor General shall, within the funding
1105	provided, determine which duties and responsibilities assigned
1106	by law to the Office of Program Policy Analysis and Government
1107	Accountability shall be provided during the 2003-2004 fiscal
1108	year. This section expires July 1, 2004.
1109	Section 49. In order to implement Specific Appropriation
1110	2545 of the 2003-2004 General Appropriations Act, effective July
1111	1, 2003, all powers, duties, functions, records, personnel,
1112	property, and unexpended balances of appropriations,
1113	allocations, and other funds of the Council for Education Policy
1114	Research and Improvement are transferred by a type two transfer,
1115	as defined in s. 20.06, Florida Statutes, to the Office of the
1116	Auditor General. Notwithstanding the provisions of s. 1008.51,
1117	Florida Statutes, all powers, duties, funding, and functions of
1118	the Council for Education Policy Research and Improvement are
1119	suspended for the 2003-2004 fiscal year. The Auditor General
1120	may, within the funding provided, provide policy research and
1121	analysis of education issues. This section expires July 1, 2004.
1122	Section 50. A section of this act that implements a
1123	specific appropriation or specifically identified proviso
1124	language in the 2003-2004 General Appropriations Act is void if
1125	the specific appropriation or specifically identified proviso
1126	language is vetoed. A section of this act that implements more
1127	than one specific appropriation or more than one portion of
1128	specifically identified proviso language in the 2003-2004
1129	General Appropriations Act is void if all the specific
1130	appropriations or portions of specifically identified proviso
1131	language are vetoed.
1132	Section 51. If any other act passed in 2003 contains a
1133	provision that is substantively the same as a provision in this
1134	act, but that removes or is otherwise not subject to the future
1135	repeal applied to such provision by this act, the Legislature
1136	intends that the provision in the other act shall take
1137	precedence and shall continue to operate, notwithstanding the
1138	future repeal provided by this act.
1139	Section 52. The agency performance measures and standards
1140	in the document entitled "Florida's Budget 2003 Agency
1141	Performance Measures and Standards Approved by the Legislature
1142	for Fiscal Year 2003-04" dated March 24, 2003, and filed with
1143	the Clerk of the House of Representatives are incorporated by
1144	reference. Such performance measures and standards are directly
1145	linked to the appropriations made in the General Appropriations
1146	Act for fiscal year 2003-2004, as required by the Government
1147	Performance and Accountability Act of 1994. State agencies are
1148	directed to revise their long-range program plans required under
1149	s. 216.013, Florida Statutes, to be consistent with these
1150	performance measures and standards.
1151	Section 53. If any provision of this act or its
1152	application to any person or circumstance is held invalid, the
1153	invalidity shall not affect other provisions or applications of
1154	the act which can be given effect without the invalid provision
1155	or application, and to this end the provisions of this act are
1156	declared severable.
1157	Section 54. If any law amended by this act was also
1158	amended by a law enacted at the 2003 Regular Session of the
1159	Legislature, such laws shall be construed as if they had been
1160	enacted at the same session of the Legislature, and full effect
1161	shall be given to each if possible.
1162	Section 55. Except as otherwise provided in this act, this
1163	act shall take effect July 1, 2003; or, in the event this act
1164	fails to become a law until after that date, it shall take
1165	effect upon becoming a law and shall operate retroactively to
1166	July 1, 2003.