CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 4-A
Amendment No. __ Barcode 124994
CHAMBER ACTION
Senate House
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11 The Conference Committee on SB 4-A recommended the following
12 amendment:
13
14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. It is the intent of the Legislature that
19 the implementing and administering provisions of this act
20 apply to the General Appropriations Act for fiscal year
21 2003-2004.
22 Section 2. In order to implement Specific
23 Appropriations 7-11, 12A-14E, 123-127, and 130 and sections
24 9-11 of the 2003-2004 General Appropriations Act:
25 (1) Each university that has not made the transition,
26 effective July 1, 2003, from the state accounting system
27 (FLAIR) shall utilize the state accounting system for fiscal
28 year 2003-2004 but is not required to provide funds to the
29 Department of Financial Services for its utilization.
30 (2) Notwithstanding the provisions of sections
31 216.181, 216.292, and 1011.4105, Florida Statutes, and
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1 pursuant to section 216.351, Florida Statutes, funds
2 appropriated or reappropriated to the state universities in
3 the 2003-2004 General Appropriations Act, or any other act
4 passed by the 2003 Legislature containing appropriations,
5 shall be distributed to each university according to the
6 2003-2004 fiscal year operating budget approved by the
7 university board of trustees. Each university board of
8 trustees shall have authority to amend the operating budget as
9 circumstances warrant. The operating budget may utilize
10 traditional appropriation categories or it may consolidate the
11 appropriations into a special category appropriation account.
12 The Chief Financial Officer, upon the request of the
13 university board of trustees, shall record by journal transfer
14 the distribution of the appropriated funds and releases
15 according to the approved operating budget to the
16 appropriation accounts established for disbursement purposes
17 for each university within the state accounting system
18 (FLAIR).
19 (3) Notwithstanding the provisions of sections
20 216.181, 216.292, and 1011.4105, Florida Statutes, and
21 pursuant to section 216.351, Florida Statutes, each university
22 board of trustees shall include in an approved operating
23 budget the revenue in trust funds supported by student and
24 other fees as well as the trust funds within the Contract,
25 Grants, and Donations, Auxiliary Enterprises, and Sponsored
26 Research budget entities. The university board of trustees
27 shall have the authority to amend the operating budget as
28 circumstances warrant. The operating budget may utilize
29 traditional appropriation categories or it may consolidate the
30 trust fund spending authority into a special category
31 appropriation account. The Chief Financial Officer, upon the
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Bill No. SB 4-A
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1 request of the university board of trustees, shall record the
2 distribution of the trust fund spending authority and releases
3 according to the approved operating budget to the
4 appropriation accounts established for disbursement purposes
5 for each university within the state accounting system
6 (FLAIR).
7 (4) Notwithstanding those provisions of sections
8 216.181, 216.292, and 1011.4105, Florida Statutes, which are
9 inconsistent with the provisions of this subsection and
10 pursuant to section 216.351, Florida Statutes, fixed capital
11 outlay funds appropriated or reappropriated in the 2003-2004
12 General Appropriations Act, or any other act passed by the
13 2003 Legislature containing fixed capital outlay
14 appropriations, for universities that have made the
15 transition, effective July 1, 2003, from the state accounting
16 system (FLAIR) shall be administered by the Department of
17 Education and shall be distributed to the universities as
18 needed for projects based upon estimated invoices to be paid
19 during the following 30 days or as required by bond documents.
20 For undisbursed fixed capital outlay appropriations from prior
21 fiscal years for universities that have made the transition,
22 effective July 1, 2003, from the state accounting system
23 (FLAIR), the Executive Office of the Governor and the Chief
24 Financial Officer shall have authority to transfer such
25 undisbursed fixed capital outlay appropriations into
26 appropriations under the Department of Education for
27 distribution to the universities as needed for projects based
28 on estimated invoices to be paid during the following 30 days
29 or as required by bond documents. Expenditure of fixed capital
30 outlay appropriations shall be consistent with legislative
31 policy and intent.
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Amendment No. __ Barcode 124994
1 (5) This section expires July 1, 2004.
2 Section 3. In order to implement Specific
3 Appropriation 62 of the 2003-2004 General Appropriations Act,
4 notwithstanding the provisions of sections 206.41(4)(e) and
5 206.625(2), Florida Statutes, for the 2003-2004 fiscal year
6 only, a district school board that has completely addressed
7 district needs associated with the construction,
8 reconstruction, and maintenance of roads and has a fund
9 balance remaining may expend such balance for student
10 transportation services. Funds transferred pursuant to this
11 section for student transportation services shall not exceed
12 the actual amount expended for such services. This section
13 expires July 1, 2004.
14 Section 4. In order to implement Specific
15 Appropriation 60 of the 2003-2004 General Appropriations Act,
16 notwithstanding the provisions of section 1006.37, Florida
17 Statutes, for the 2003-2004 fiscal year only, the Department
18 of Education may conduct a pilot program to enable selected
19 school districts to realize cost savings without loss of
20 quality or availability for individual students in the
21 purchase of used instructional materials. The school districts
22 of Hernando County, Pasco County, Seminole County, and Polk
23 County may participate in the pilot program. Charter schools
24 in such school districts shall be eligible to participate in
25 the pilot program. When a secondhand book dealer or other
26 third-party book vendor provides used adopted instructional
27 materials to a school district, the dealer or vendor must
28 certify the availability of the used instructional material,
29 provide the International Standard Book Number of each of the
30 used instructional materials, and certify that such materials
31 are not samples or first printings, are the most currently
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1 adopted, Florida-specific instructional materials, and conform
2 to the Sunshine State Standards. The state is not responsible
3 for financial loss caused by the school district's deviating
4 from the requirements of section 1006.37, Florida Statutes.
5 The Department of Education shall submit to the President of
6 the Senate and the Speaker of the House of Representatives for
7 consideration during the 2004 Regular Session a report of the
8 cost savings to school districts based on results of the pilot
9 program. This section expires July 1, 2004.
10 Section 5. In order to implement Specific
11 Appropriations 123-130 of the 2003-2004 General Appropriations
12 Act, subsection (5) of section 17.076, Florida Statutes, is
13 amended to read:
14 17.076 Direct deposit of funds.--
15 (5) All direct deposit records made prior to October
16 1, 1986, are exempt from the provisions of s. 119.07(1). With
17 respect to direct deposit records made on or after October 1,
18 1986, the names of the authorized financial institutions and
19 the account numbers of the beneficiaries are confidential and
20 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
21 I of the State Constitution. Notwithstanding this exemption
22 and the provisions of s. 119.07(3)(dd), the department may
23 provide a state university, upon request, with that
24 university's employee or vendor direct deposit authorization
25 information on file with the department in order to
26 accommodate the transition to the university accounting
27 system. The state university shall maintain the
28 confidentiality of all such information provided by the
29 department.
30 Section 6. The amendment of section 17.076, Florida
31 Statutes, by this act shall expire on July 1, 2004, and the
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Amendment No. __ Barcode 124994
1 text of that section shall revert to that in existence on June
2 30, 2003, except that any amendments to such text enacted
3 other than by this act shall be preserved and continue to
4 operate to the extent that such amendments are not dependent
5 upon the portions of such text which expire pursuant to the
6 provisions of this act.
7 Section 7. In order to implement Specific
8 Appropriations 123-130 of the 2003-2004 General Appropriations
9 Act, subsection (2) of section 112.215, Florida Statutes, is
10 amended to read:
11 112.215 Government employees; deferred compensation
12 program.--
13 (2) For the purposes of this section, the term
14 "employee" means any person, whether appointed, elected, or
15 under contract, providing services for the state; any state
16 agency or county or other political subdivision of the state;
17 any municipality; any state university board of trustees; or
18 any constitutional county officer under s. 1(d), Art. VIII of
19 the State Constitution for which compensation or statutory
20 fees are paid.
21 Section 8. The amendment of section 112.215, Florida
22 Statutes, by this act shall expire on July 1, 2004, and the
23 text of that section shall revert to that in existence on June
24 30, 2003, except that any amendments to such text enacted
25 other than by this act shall be preserved and continue to
26 operate to the extent that such amendments are not dependent
27 upon the portions of such text which expire pursuant to the
28 provisions of this act.
29 Section 9. In order to implement Specific
30 Appropriations 123-130 of the 2003-2004 General Appropriations
31 Act, subsections (1) through (6) of section 287.064, Florida
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Bill No. SB 4-A
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1 Statutes, are amended to read:
2 287.064 Consolidated financing of deferred-payment
3 purchases.--
4 (1) The Division of Bond Finance of the State Board of
5 Administration and the Comptroller shall plan and coordinate
6 deferred-payment purchases made by or on behalf of the state
7 or its agencies or by or on behalf of state universities or
8 state community colleges participating under this section
9 pursuant to s. 1001.74(5) or s. 1001.64(26), respectively. The
10 Division of Bond Finance shall negotiate and the Comptroller
11 shall execute agreements and contracts to establish master
12 equipment financing agreements for consolidated financing of
13 deferred-payment, installment sale, or lease purchases with a
14 financial institution or a consortium of financial
15 institutions. As used in this act, the term "deferred-payment"
16 includes installment sale and lease-purchase.
17 (a) The period during which equipment may be acquired
18 under any one master equipment financing agreement shall be
19 limited to not more than 3 years.
20 (b) Repayment of the whole or a part of the funds
21 drawn pursuant to the master equipment financing agreement may
22 continue beyond the period established pursuant to paragraph
23 (a).
24 (c) The interest rate component of any master
25 equipment financing agreement shall be deemed to comply with
26 the interest rate limitation imposed in s. 287.063 so long as
27 the interest rate component of every interagency, state
28 university, or community college agreement entered into under
29 such master equipment financing agreement complies with the
30 interest rate limitation imposed in s. 287.063. Such interest
31 rate limitation does not apply when the payment obligation
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1 under the master equipment financing agreement is rated by a
2 nationally recognized rating service in any one of the three
3 highest classifications, which rating services and
4 classifications are determined pursuant to rules adopted by
5 the Comptroller.
6 (2) Unless specifically exempted by the Comptroller,
7 all deferred-payment purchases, including those made by a
8 state university or community college that is participating
9 under this section, shall be acquired by funding through
10 master equipment financing agreements. The Comptroller is
11 authorized to exempt any purchases from consolidated financing
12 when, in his or her judgment, alternative financing would be
13 cost-effective or otherwise beneficial to the state.
14 (3) The Comptroller may require agencies to enter into
15 interagency agreements and may require participating state
16 universities or community colleges to enter into systemwide
17 agreements for the purpose of carrying out the provisions of
18 this act.
19 (a) The term of any interagency or systemwide
20 agreement shall expire on June 30 of each fiscal year but
21 shall automatically be renewed annually subject to
22 appropriations and deferred-payment schedules. The period of
23 any interagency or systemwide agreement shall not exceed the
24 useful life of the equipment for which the agreement was made
25 as determined by the Comptroller.
26 (b) The interagency or systemwide agreements may
27 include, but are not limited to, equipment costs, terms, and a
28 pro rata share of program and issuance expenses.
29 (4) Each state university or community college may
30 choose to have its purchasing agreements involving
31 administrative and instructional materials consolidated under
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Amendment No. __ Barcode 124994
1 this section.
2 (5) The Comptroller is authorized to automatically
3 debit each agency's or state university's funds and each
4 community college's portion of the Community College Program
5 Fund consistently with the deferred-payment schedules.
6 (6) There is created the Consolidated Payment Trust
7 Fund in the Comptroller's office for the purpose of
8 implementing the provisions of this act. All funds debited
9 from each agency, state university, and each community college
10 may be deposited in the trust fund and shall be used to meet
11 the financial obligations incurred pursuant to this act. Any
12 income from the investment of funds may be used to fund
13 administrative costs associated with this program.
14 Section 10. The amendment of section 287.064, Florida
15 Statutes, by this act shall expire on July 1, 2004, and the
16 text of that section shall revert to that in existence on June
17 30, 2003, except that any amendments to such text enacted
18 other than by this act shall be preserved and continue to
19 operate to the extent that such amendments are not dependent
20 upon the portions of such text which expire pursuant to the
21 provisions of this act.
22 Section 11. In order to implement specific
23 Appropriations 123-130 of the 2003-2004 General Appropriations
24 Act, subsection (6) of section 440.38, Florida Statutes, is
25 amended to read:
26 440.38 Security for compensation; insurance carriers
27 and self-insurers.--
28 (6) The state and its boards, bureaus, departments,
29 and agencies and all of its political subdivisions which
30 employ labor, and the state universities, shall be deemed
31 self-insurers under the terms of this chapter, unless they
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1 elect to procure and maintain insurance to secure the benefits
2 of this chapter to their employees; and they are hereby
3 authorized to pay the premiums for such insurance.
4 Section 12. The amendment of section 440.38, Florida
5 Statutes, by this act shall expire on July 1, 2004, and the
6 text of that section shall revert to that in existence on June
7 30, 2003, except that any amendments to such text enacted
8 other than by this act shall be preserved and continue to
9 operate to the extent that such amendments are not dependent
10 upon the portions of such text which expire pursuant to the
11 provisions of this act.
12 Section 13. In order to implement Specific
13 Appropriations 123-130 of the 2003-2004 General Appropriations
14 Act, effective upon this act becoming a law and applicable
15 retroactive to January 7, 2003, section 1010.10, Florida
16 Statutes, is created to read:
17 1010.10 Florida Uniform Management of Institutional
18 Funds Act.--
19 (1) SHORT TITLE.--This section may be cited as the
20 "Florida Uniform Management of Institutional Funds Act."
21 (2) DEFINITIONS.--As used in this section, the term:
22 (a) "Endowment fund" means an institutional fund, or
23 any part thereof, not wholly expendable by the institution on
24 a current basis under the terms of the applicable gift
25 instrument.
26 (b) "Governing board" means the body responsible for
27 the management of an institution or of an institutional fund.
28 (c) "Institution" means an incorporated or
29 unincorporated organization organized and operated exclusively
30 for the advancement of educational purposes, or a governmental
31 entity to the extent that it holds funds exclusively for
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1 educational purposes.
2 (d) "Institutional fund" means a fund held by an
3 institution for its exclusive use, benefit, or purposes. The
4 term excludes a fund held for an institution by a trustee that
5 is not an institution. The term also excludes a fund in which
6 a beneficiary that is not an institution has an interest,
7 other than possible rights that could arise upon violation or
8 failure of the purposes of the fund.
9 (e) "Instrument" means a will; deed; grant;
10 conveyance; agreement; memorandum; electronic record; writing;
11 or other governing document, including the terms of any
12 institutional solicitations from which an institutional fund
13 resulted, under which property is transferred to or held by an
14 institution as an institutional fund.
15 (3) EXPENDITURE OF ENDOWMENT FUNDS.--
16 (a) A governing board may expend so much of an
17 endowment fund as the governing board determines to be prudent
18 for the uses and purposes for which the endowment fund is
19 established, consistent with the goal of conserving the
20 purchasing power of the endowment fund. In making its
21 determination the governing board shall use reasonable care,
22 skill, and caution in considering the following:
23 1. The purposes of the institution;
24 2. The intent of the donors of the endowment fund;
25 3. The terms of the applicable instrument;
26 4. The long-term and short-term needs of the
27 institution in carrying out its purposes;
28 5. The general economic conditions;
29 6. The possible effect of inflation or deflation;
30 7. The other resources of the institution; and
31 8. Perpetuation of the endowment.
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1
2 Expenditures made under this paragraph will be considered
3 prudent if the amount expended is consistent with the goal of
4 preserving the purchasing power of the endowment fund.
5 (b) A restriction upon the expenditure of an endowment
6 fund may not be implied from a designation of a gift as an
7 endowment or from a direction or authorization in the
8 instrument to use only "income," "interest," "dividends," or
9 "rents, issues or profits," or "to preserve the principal
10 intact," or words of similar import.
11 (c) The provisions of paragraph (a) shall not apply to
12 instruments if the instrument so indicates by stating, "I
13 direct that the expenditure provision of paragraph (a) of
14 subsection (3) of the Florida Uniform Management of
15 Institutional Funds Act not apply to this gift" or words of
16 similar import.
17 (d) This subsection does not limit the authority of a
18 governing board to expend funds as permitted under other law,
19 the terms of the instrument, or the charter of the
20 institution.
21 (e) Except as otherwise provided, this subsection
22 applies to instruments executed or in effect before or after
23 the effective date of this section.
24 (4) STANDARD OF CONDUCT.--
25 (a) Members of a governing board shall invest and
26 manage an institutional fund as a prudent investor would, by
27 considering the purposes, distribution requirements, and other
28 circumstances of the fund. In satisfying this standard, the
29 governing board shall exercise reasonable care, skill, and
30 caution.
31 (b) A governing board's investment and management
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1 decisions about individual assets shall be made not in
2 isolation but in the context of the institutional fund's
3 portfolio of investments as a whole and as a part of an
4 overall investment strategy that provides risk and return
5 objectives reasonably suited to the fund and to the
6 institution.
7 (c) Among circumstances that a governing board shall
8 consider are:
9 1. Long-term and short-term needs of the institution
10 in carrying out its purposes;
11 2. Its present and anticipated financial resources;
12 3. General economic conditions;
13 4. The possible effect of inflation or deflation;
14 5. The expected tax consequences, if any, of
15 investment decisions or strategies;
16 6. The role that each investment or course of action
17 plays within the overall investment portfolio of the
18 institutional fund;
19 7. The expected total return from income and the
20 appreciation of its investments;
21 8. Other resources of the institution;
22 9. The needs of the institution and the institutional
23 fund for liquidity, regularity of income, and preservation or
24 appreciation of capital; and
25 10. An asset's special relationship or special value,
26 if any, to the purposes of the applicable gift instrument or
27 to the institution.
28 (d) A governing board shall make a reasonable effort
29 to verify the facts relevant to the investment and management
30 of institutional fund assets.
31 (e) A governing board shall diversify the investments
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1 of an institutional fund unless the board reasonably
2 determines that, because of special circumstances, the
3 purposes of the fund are better served without diversifying.
4 (f) A governing board shall invest and manage the
5 assets of an institutional fund solely in the interest of the
6 institution.
7 (5) INVESTMENT AUTHORITY.--In addition to an
8 investment otherwise authorized by law or by the applicable
9 gift instrument, and without restriction to investments a
10 fiduciary may make, the governing board, subject to any
11 specific limitations in the applicable gift instrument or in
12 the applicable law, other than law relating to investments by
13 a fiduciary:
14 (a) Within a reasonable time after receiving property,
15 shall review the property and make and implement decisions
16 concerning the retention and disposition of the assets, in
17 order to bring the portfolio of the institutional fund into
18 compliance with the purposes, terms, distribution
19 requirements, and other circumstances of the institution, and
20 with the requirements of this section;
21 (b) May invest in any kind of property or type of
22 investment consistent with the standards of this section;
23 (c) May include all or any part of an institutional
24 fund in any pooled or common fund maintained by the
25 institution; and
26 (d) May invest all or any part of the institutional
27 fund in any other pooled or common fund available for
28 investment, including shares or interests in regulated
29 investment companies, mutual funds, common trust funds,
30 investment partnerships, real estate investment trusts, or
31 similar organizations in which funds are commingled and
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1 investment determinations are made by persons other than the
2 governing board.
3 (6) DELEGATION OF INVESTMENT MANAGEMENT.--
4 (a) Except as otherwise provided by applicable law
5 relating to governmental institutions or funds, a governing
6 board may delegate investment and management functions that a
7 prudent governing body could properly delegate under the
8 circumstances. A governing board shall exercise reasonable
9 care, skill, and caution in:
10 1. Selecting an agent;
11 2. Establishing the scope and terms of the delegation,
12 consistent with the purposes of the institutional fund; and
13 3. Periodically reviewing the agent's actions to
14 monitor the agent's performance and the agent's compliance
15 with the terms of the delegation.
16 (b) In performing a delegated function, an agent owes
17 a duty to the governing board to exercise reasonable care to
18 comply with the terms of the delegation.
19 (c) The members of a governing board who comply with
20 the requirements of paragraph (a) are not liable for the
21 decisions or actions of the agent to whom the function was
22 delegated.
23 (d) By accepting the delegation of an investment or
24 management function from a governing board of an institution
25 that is subject to the laws of this state, an agent submits to
26 the jurisdiction of the courts of this state in all actions
27 arising from the delegation.
28 (7) INVESTMENT COSTS.--In investing and managing trust
29 assets, a governing board may only incur costs that are
30 appropriate and reasonable in relation to the assets and the
31 purposes of the institution.
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1 (8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--
2 (a) With the written consent of the donor, a governing
3 board may release, in whole or in part, a restriction imposed
4 by the applicable instrument on the use or investment of an
5 institutional fund.
6 (b) If written consent of the donor cannot be obtained
7 by reason of the donor's death, disability, unavailability, or
8 impossibility of identification, a governing board may
9 release, in whole or in part, a restriction imposed by the
10 applicable instrument on the use or investment of an
11 institutional fund if the fund has a total value of less than
12 $100,000 and if the governing board, in its fiduciary
13 judgment, concludes that the value of the fund is insufficient
14 to justify the cost of administration as a separate
15 institutional fund.
16 (c) If written consent of the donor cannot be obtained
17 by reason of the donor's death, disability, unavailability, or
18 impossibility of identification, a governing board may apply
19 in the name of the institution to the circuit court of the
20 county in which the institution is located for release of a
21 restriction imposed by the applicable instrument on the use or
22 investment of an institutional fund. The Attorney General
23 shall be notified of the application and shall be given an
24 opportunity to be heard. If the court finds that the
25 restriction is unlawful, impracticable, impossible to achieve,
26 or wasteful, it may by order release the restriction in whole
27 or in part. A release under this subsection may not change an
28 endowment fund to a fund that is not an endowment fund.
29 (d) A release under this subsection may not allow a
30 fund to be used for purposes other than the educational
31 purposes of the institution affected.
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1 (e) This subsection does not limit the application of
2 the doctrine of cy pres.
3 (9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
4 act shall be applied and construed so as to effectuate its
5 general purpose to make uniform the law with respect to the
6 subject of this act among those states which enact it.
7 (10) This section expires July 1, 2004.
8 Section 14. In order to implement Specific
9 Appropriation 123 of the 2003-2004 General Appropriations Act
10 and notwithstanding any provision of law to the contrary,
11 Florida Agricultural and Mechanical University (FAMU) may
12 implement a demonstration project that uses one or more
13 private developers to finance, construct, and lease to FAMU a
14 replacement building for the Commons Building located on the
15 FAMU campus. Florida Agricultural and Mechanical University
16 may use plant operations and maintenance appropriations
17 included in the 2003-2004 General Appropriations Act for the
18 Commons Building, to make lease payments for the replacement
19 building. Selection of developers shall comply with all
20 applicable provisions of law. This section expires July 1,
21 2004.
22 Section 15. In order to implement Specific
23 Appropriation 6 of the 2003-2004 General Appropriations Act,
24 in order to meet SACS requirements for baccalaureate degree
25 programs, Chipola Junior College and Miami-Dade Community
26 College shall also be known as Chipola College and Miami-Dade
27 College when awarding baccalaureate degrees to students in
28 those programs approved by the State Board of Education on May
29 15, 2002, pursuant to section 1007.33, Florida Statutes. This
30 section expires July 1, 2004.
31 Section 16. In order to implement Specific
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1 Appropriation 124 of the 2003-2004 General Appropriations Act
2 and notwithstanding any provision of law to the contrary, the
3 Board of Trustees of the University of Florida shall transfer
4 the leasehold interest of 25 acres of land in Davie, Florida,
5 used by the University of Florida Institute of Food and
6 Agricultural Sciences (UF IFAS) to the Board of Trustees of
7 the Florida Atlantic University (FAU). This land shall be used
8 by FAU for the expansion of academic programs in Broward
9 County according to the FAU Master Plan. Florida Atlantic
10 University shall make available to the UF IFAS at least 10,000
11 square feet of space from any facilities constructed on this
12 land, pursuant to plans agreed to by both institutions.
13 Section 17. In order to implement Specific
14 Appropriation 62 of the 2003-2004 General Appropriations Act,
15 paragraph (i) is added to subsection (2) of section 1011.71,
16 Florida Statutes, to read:
17 1011.71 District school tax.--
18 (2) In addition to the maximum millage levy as
19 provided in subsection (1), each school board may levy not
20 more than 2 mills against the taxable value for school
21 purposes to fund:
22 (i) For the 2003-2004 fiscal year only, the payment of
23 the cost of school buses when a school district contracts with
24 a private entity to provide student transportation services if
25 the district meets the requirements of this paragraph. This
26 paragraph expires July 1, 2004.
27 1. The district's contract must require that the
28 private entity purchase, own, operate, and maintain one or
29 more school buses of a specific type and size that meet the
30 requirements of s. 1006.25.
31 2. Each such school bus shall be used for the daily
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1 transportation of public school students in the manner
2 required by the school district.
3 3. Payment for each such school bus shall not exceed
4 10 percent of the purchase price of the state pool bid.
5 4. The proposed expenditure of the funds for this
6 purpose must have been included in the district school board's
7 notice of proposed tax for school capital outlay as provided
8 in s. 200.065(9).
9
10 Violations of these expenditure provisions shall result in an
11 equal dollar reduction in the Florida Education Finance
12 Program (FEFP) funds for the violating district in the fiscal
13 year following the audit citation.
14 Section 18. The amendment of section 1011.71, Florida
15 Statutes, by this act shall expire on July 1, 2004, and the
16 text of that section shall revert to that in existence on June
17 30, 2003, except that any amendments to such text enacted
18 other than by this act shall be preserved and continued to
19 operate to the extent that such amendments are not dependent
20 upon the portions of such text which expire pursuant to the
21 provisions of this act.
22 Section 19. (1) In order to implement Section 19 of
23 the 2003-2004 General Appropriations Act, grant funds provided
24 by that section may only be used to construct new student
25 stations. In order to qualify for a grant from the funds from
26 that section, a school district must meet the following
27 criteria:
28 (a) The district must have levied the full 2 mills of
29 nonvoted discretionary capital outlay authorized in section
30 235.25(2), Florida Statutes, for each of the past 4 years;
31 (b) Fifty percent of the revenue derived from the
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1 2-mill nonvoted capital outlay levy for the past 4 years, when
2 divided by the district's growth in capital outlay FTE
3 students over this period, produces a value that is less than
4 the average cost per student station calculated pursuant to
5 section 235.216(2), Florida Statutes, for the 2000-2001 fiscal
6 year, and weighted by statewide enrollment in elementary,
7 middle, and high school;
8 (c) The Commissioner of Education has released all
9 funds allocated to the district from the Classrooms First
10 Program authorized in section 235.187, Florida Statutes, and
11 these funds were fully expended by the district as of February
12 1, 2002; and
13 (d) The total capital outlay FTE of the district is
14 greater than 15,000 students.
15 (2) These funds shall be allocated pursuant to the
16 following methodology:
17 (a) For each eligible district, the Department of
18 Education shall calculate the value of 50 percent of the
19 revenue derived from the 2-mill nonvoted discretionary capital
20 outlay tax for the past 4 fiscal years divided by the increase
21 in capital outlay FTE for the same period.
22 (b) The Department of Education shall determine, for
23 each eligible district, the amount that must be added to the
24 value calculated in paragraph (a) to produce the weighted
25 average value per student station calculated in paragraph
26 (1)(b) for fiscal year 2000-2001.
27 (c) The value calculated for each eligible district in
28 paragraph (b) shall be multiplied by the total increase in
29 capital outlay FTE for the past 4 years to determine the
30 maximum amount of a grant that may be awarded to a district
31 pursuant to this section.
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1 (d) In the event the funds provided in Section 19 of
2 the 2003-2004 General Appropriations Act are insufficient to
3 fully fund the maximum grants calculated in paragraph (c), the
4 Department of Education shall allocate the funds based on each
5 district's prorated share of the total maximum award amount
6 calculated for all eligible districts.
7 Section 20. In order to implement Specific
8 Appropriations 426-441 of the 2003-2004 General Appropriations
9 Act, paragraph (b) of subsection (1) of section 430.204,
10 Florida Statutes, is amended to read:
11 430.204 Community-care-for-the-elderly core services;
12 departmental powers and duties.--
13 (1)
14 (b) For fiscal year 2003-2004 2002-2003 only, the
15 department shall fund, through each area agency on aging in
16 each county as defined in s. 125.011(1), more than one
17 community care service system the primary purpose of which is
18 the prevention of unnecessary institutionalization of
19 functionally impaired elderly persons through the provision of
20 community-based core services. This paragraph expires July 1,
21 2004 2003.
22 Section 21. In order to implement Specific
23 Appropriations 426-441 of the 2003-2004 General Appropriations
24 Act, paragraph (b) of subsection (1) of section 430.205,
25 Florida Statutes, is amended to read:
26 430.205 Community care service system.--
27 (1)
28 (b) For fiscal year 2003-2004 2002-2003 only, the
29 department shall fund, through the area agency on aging in
30 each county as defined in s. 125.011(1), more than one
31 community care service system that provides case management
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1 and other in-home and community services as needed to help
2 elderly persons maintain independence and prevent or delay
3 more costly institutional care. This paragraph expires July 1,
4 2004 2003.
5 Section 22. In order to implement Specific
6 Appropriations 271, 274, and 276 of the 2003-2004 General
7 Appropriations Act, subsection (12) of section 216.292,
8 Florida Statutes, is amended to read:
9 216.292 Appropriations nontransferable; exceptions.--
10 (12) For the 2003-2004 2002-2003 fiscal year only and
11 notwithstanding the other provisions of this section, the
12 Department of Children and Family Services may transfer funds
13 within the family safety program identified in the General
14 Appropriations Act from identical funding sources between the
15 following appropriation categories without limitation as long
16 as such a transfer does not result in an increase to the total
17 recurring general revenue or trust fund cost of the agency in
18 the subsequent fiscal year: adoption services and subsidy;
19 family foster care; and emergency shelter care. Such transfers
20 must be consistent with legislative policy and intent and must
21 not adversely affect achievement of approved performance
22 outcomes or outputs in the family safety program. Notice of
23 proposed transfers under this authority must be provided to
24 the Executive Office of the Governor and the chairs of the
25 legislative appropriations committees at least 5 working days
26 before their implementation. This subsection expires July 1,
27 2004 2003.
28 Section 23. In order to implement Sections 353 and 357
29 of the 2003-2004 General Appropriations Act, subsection (4) of
30 section 561.121, Florida Statutes, is amended to read:
31 561.121 Deposit of revenue.--
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1 (4)(a) State funds collected pursuant to s. 561.501
2 shall be paid into the State Treasury and credited to the
3 following accounts:
4 1.(a) Twenty-seven and two-tenths percent of the
5 surcharge on the sale of alcoholic beverages for consumption
6 on premises shall be transferred to the Children and
7 Adolescents Substance Abuse Trust Fund, which shall remain
8 with the Department of Children and Family Services for the
9 purpose of funding programs directed at reducing and
10 eliminating substance abuse problems among children and
11 adolescents.
12 2.(b) The remainder of collections shall be credited
13 to the General Revenue Fund.
14 (b) For the 2003-2004 state fiscal year only, and
15 notwithstanding the provisions of subparagraph (a)1., moneys
16 in the Children and Adolescents Substance Abuse Trust Fund may
17 also be used for the purpose of funding programs directed at
18 reducing and eliminating substance abuse problems among
19 adults. This paragraph expires July 1, 2004.
20 Section 24. In order to implement Specific
21 Appropriation 519 of the 2003-2004 General Appropriations Act,
22 paragraph (k) of subsection (2) of section 381.0066, Florida
23 Statutes, is amended to read:
24 381.0066 Onsite sewage treatment and disposal systems;
25 fees.--
26 (2) The minimum fees in the following fee schedule
27 apply until changed by rule by the department within the
28 following limits:
29 (k) Research: An additional $5 fee shall be added to
30 each new system construction permit issued during fiscal years
31 1996-2004 1996-2003 to be used for onsite sewage treatment and
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1 disposal system research, demonstration, and training
2 projects. Five dollars from any repair permit fee collected
3 under this section shall be used for funding the hands-on
4 training centers described in s. 381.0065(3)(j).
5
6 The funds collected pursuant to this subsection must be
7 deposited in a trust fund administered by the department, to
8 be used for the purposes stated in this section and ss.
9 381.0065 and 381.00655.
10 Section 25. In order to implement Specific
11 Appropriation 477 of the 2003-2004 General Appropriations Act,
12 subsection (6) of section 385.207, Florida Statutes, is
13 amended to read:
14 385.207 Care and assistance of persons with epilepsy;
15 establishment of programs in epilepsy control.--
16 (6) For the 2003-2004 2002-2003 fiscal year only,
17 funds in the Epilepsy Services Trust Fund may be appropriated
18 for epilepsy case management services. This subsection expires
19 July 1, 2004 2003.
20 Section 26. In order to implement Specific
21 Appropriation 269A of the 2003-2004 General Appropriations
22 Act, subsection (7) of section 409.1671, Florida Statutes, is
23 amended to read:
24 409.1671 Foster care and related services;
25 privatization.--
26 (7) The department, in consultation with existing lead
27 agencies, shall develop a proposal regarding the long-term use
28 and structure of a statewide shared earnings program which
29 addresses the financial risk to eligible lead community-based
30 providers resulting from unanticipated caseload growth or from
31 significant changes in client mixes or services eligible for
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Amendment No. __ Barcode 124994
1 federal reimbursement. The recommendations in the statewide
2 proposal must also be available to entities of the department
3 until the conversion to community-based care takes place. At a
4 minimum, the proposal must allow for use of federal earnings
5 received from child welfare programs, which earnings are
6 determined by the department to be in excess of the amount
7 appropriated in the General Appropriations Act, to be used for
8 specific purposes. These purposes include, but are not limited
9 to:
10 (a) Significant changes in the number or composition
11 of clients eligible to receive services.
12 (b) Significant changes in the services that are
13 eligible for reimbursement.
14 (c) Significant changes in the availability of federal
15 funds.
16 (d) Shortfalls in state funds available for eligible
17 or ineligible services.
18 (e) Significant changes in the mix of available funds.
19 (f) Scheduled or unanticipated, but necessary,
20 advances to providers or other cash-flow issues.
21 (g) Proposals to participate in optional Medicaid
22 services or other federal grant opportunities.
23 (h) Appropriate incentive structures.
24 (i) Continuity of care in the event of lead agency
25 failure, discontinuance of service, or financial misconduct.
26
27 The department shall further specify the necessary steps to
28 ensure the financial integrity of these dollars and their
29 continued availability on an ongoing basis. The final proposal
30 shall be submitted to the Legislative Budget Commission for
31 formal adoption before December 31, 2002. If the Legislative
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1 Budget Commission refuses to concur with the adoption of the
2 proposal, the department shall present its proposal in the
3 form of recommended legislation to the President of the Senate
4 and the Speaker of the House of Representatives before the
5 commencement of the next legislative session. For fiscal year
6 2003-2004 and annually thereafter, the department of Children
7 and Family Services may request in its legislative budget
8 request, and the Governor may recommend, the funding necessary
9 to carry out paragraph (i) from excess federal earnings. The
10 General Appropriations Act shall include any funds
11 appropriated for this purpose in a lump sum in the department
12 Administered Funds Program, which funds constitute partial
13 security for lead agency contract performance. The department
14 shall use this appropriation to offset the need for a
15 performance bond for that year after a comparison of risk to
16 the funds available. In no event shall this performance bond
17 exceed 2.5 percent of the annual contract value. The
18 department may separately require a bond to mitigate the
19 financial consequences of potential acts of malfeasance,
20 misfeasance, or criminal violations by the provider. Prior to
21 the release of any funds in the lump sum, the department shall
22 submit a detailed operational plan, which must identify the
23 sources of specific trust funds to be used. The release of the
24 trust fund shall be subject to the notice and review
25 provisions of s. 216.177. However, the release shall not
26 require approval of the Legislative Budget Commission.
27 Section 27. The amendment of subsection (7) of section
28 409.1671, Florida Statutes, by this act shall expire on July
29 1, 2004, and the text of that subsection shall revert to that
30 in existence on June 30, 2003, except that any amendments to
31 such text enacted other than by this act shall be preserved
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1 and continue to operate to the extent that such amendments are
2 not dependent upon the portions of such text which expire
3 pursuant to the provisions of this act.
4 Section 28. In order to implement Specific
5 Appropriations 324-357 of the 2003-2004 General Appropriations
6 Act, subsection (8) of section 394.908, Florida Statutes, is
7 amended to read:
8 394.908 Substance abuse and mental health funding
9 equity; distribution of appropriations.--In recognition of the
10 historical inequity among service districts of the former
11 Department of Health and Rehabilitative Services in the
12 funding of substance abuse and mental health services, and in
13 order to rectify this inequity and provide for equitable
14 funding in the future throughout the state, the following
15 funding process shall be adhered to:
16 (8) For fiscal year 2003-2004 2002-2003 only, and
17 notwithstanding the provisions of this section, all new funds
18 received in excess of fiscal year 2002-2003 2001-2002
19 recurring appropriations shall be allocated in accordance with
20 the provisions of the General Appropriations Act; however, no
21 district shall receive an allocation of recurring funds less
22 than its initial approved operating budget, plus any
23 distributions of lump sum appropriations or reductions in
24 unfunded budget, for fiscal year 2002-2003 2001-2002. This
25 subsection expires July 1, 2004 2003.
26 Section 29. In order to implement Specific
27 Appropriation 242 of the 2003-2004 General Appropriations Act,
28 paragraph (b) of subsection (5) of section 20.19, Florida
29 Statutes, is amended to read:
30 20.19 Department of Children and Family
31 Services.--There is created a Department of Children and
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Amendment No. __ Barcode 124994
1 Family Services.
2 (5) SERVICE DISTRICTS.--
3 (b)1. The secretary shall appoint a district
4 administrator for each of the service districts. The district
5 administrator shall serve at the pleasure of the secretary and
6 shall perform such duties as assigned by the secretary.
7 Subject to the approval of the secretary, such duties shall
8 include transferring up to 10 percent of the total district
9 budget, the provisions of ss. 216.292 and 216.351
10 notwithstanding.
11 2. For the 2003-2004 fiscal year only, the transfer
12 authority provided in this subsection must be specifically
13 appropriated in the 2003-2004 General Appropriations Act and
14 shall be pursuant to the requirements of s. 216.292. This
15 subparagraph expires July 1, 2004.
16 Section 30. In order to implement Specific
17 Appropriation 598A of the 2003-2004 General Appropriations
18 Act, subsection (7) is added to section 381.79, Florida
19 Statutes, to read:
20 381.79 Brain and Spinal Cord Injury Program Trust
21 Fund.--
22 (7) For the 2003-2004 fiscal year and notwithstanding
23 the provisions of this section, the department shall disburse
24 all funds appropriated for brain and spinal cord injury
25 research in Specific Appropriation 598A of the 2003-2004
26 General Appropriations Act in equal payments at the end of
27 each quarter. This subsection expires July 1, 2004.
28 Section 31. In order to implement Specific
29 Appropriations 1118-1201 of the 2003-2004 General
30 Appropriations Act, subsection (17) of section 216.181,
31 Florida Statutes, is amended to read:
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Amendment No. __ Barcode 124994
1 216.181 Approved budgets for operations and fixed
2 capital outlay.--
3 (17) Notwithstanding any other provision of this
4 section to the contrary, and for the 2003-2004 2002-2003
5 fiscal year only, the Department of Law Enforcement may
6 transfer up to 20 positions and associated budget between
7 budget entities, provided the same funding source is used
8 throughout each transfer. The department may also transfer up
9 to 10 percent of the initial approved salary rate between
10 budget entities, provided the same funding source is used
11 throughout each transfer. The department must provide notice
12 to the Executive Office of the Governor, the chair of the
13 Senate Budget Committee, and the chair of the House Committee
14 on Criminal Justice Appropriations for all transfers of
15 positions or salary rate. This subsection expires July 1, 2004
16 2003.
17 Section 32. In order to implement proviso language
18 following Specific Appropriation 1103 of the 2003-2004 General
19 Appropriations Act, the Correctional Privatization Commission
20 may expend appropriated funds to assist in defraying the costs
21 of impacts that are incurred by a municipality or county and
22 associated with opening or operating a facility under the
23 authority of the Correctional Privatization Commission or a
24 facility under the authority of the Department of Juvenile
25 Justice which is located within that municipality or county.
26 The amount that is to be paid under this section for any
27 facility may not exceed 1 percent of the facility construction
28 cost, less building impact fees imposed by the municipality or
29 by the county if the facility is located in the unincorporated
30 portion of the county. This section expires July 1, 2004.
31 Section 33. In order to implement Specific
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Amendment No. __ Barcode 124994
1 Appropriation 1218 of the 2003-2004 General Appropriations
2 Act, paragraph (b) of subsection (3) of section 16.555,
3 Florida Statutes, is amended to read:
4 16.555 Crime Stoppers Trust Fund; rulemaking.--
5 (3)
6 (b) For the 2003-2004 2002-2003 state fiscal year
7 only, and notwithstanding any provision of this section to the
8 contrary, moneys in the trust fund may also be used to pay for
9 salaries and benefits and other expenses of the department.
10 This paragraph expires July 1, 2004 2003.
11 Section 34. In order to implement Specific
12 Appropriations 1045-1117 of the 2003-2004 General
13 Appropriations Act, subsection (2) of section 985.4075,
14 Florida Statutes, is amended to read:
15 985.4075 One-time startup funding for juvenile justice
16 purposes.--
17 (2) The department may not use appropriations made for
18 operations, pursuant to the provisions of this section, as
19 one-time startup funding for fixed capital outlay as defined
20 in s. 216.011. This subsection expires July 1, 2004 2003.
21 Section 35. In order to implement Specific
22 Appropriations 643-739 and 775-789 of the 2003-2004 General
23 Appropriations Act, subsection (4) of section 216.262, Florida
24 Statutes, is amended to read:
25 216.262 Authorized positions.--
26 (4) Notwithstanding the provisions of this chapter on
27 increasing the number of authorized positions, and for the
28 2003-2004 2002-2003 fiscal year only, if the actual inmate
29 population of the Department of Corrections exceeds by 2
30 percent for 2 consecutive months or more the inmate population
31 projected by the most recent Criminal Justice Estimating
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1 Conference, the Executive Office of the Governor, with the
2 approval of the Legislative Budget Commission, may request
3 positions in excess of the number authorized by the
4 Legislature and sufficient funding from the Working number
5 authorized by the Legislature and sufficient funding from the
6 Working Capital Fund to operate the additional prison bed
7 capacity necessary to accommodate the actual inmate
8 population. This subsection expires July 1, 2004 2003.
9 Section 36. Consistent with the provisions of section
10 216.163, Florida Statutes, in accordance with
11 performance-based program budgeting requirements, and
12 notwithstanding the provisions of section 216.181, Florida
13 Statutes, the Department of Law Enforcement may transfer up to
14 one-half of 1 percent of the funds in Specific Appropriations
15 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181, 1190, and 1195
16 of the 2003-2004 General Appropriations Act for salary bonuses
17 for departmental employees at the discretion of the executive
18 director, provided that such bonuses are given only to
19 selected employees for meritorious performance, instead of
20 being given as across-the-board bonuses for all employees. The
21 department, after consultation with the Executive Office of
22 the Governor, shall provide a plan to the chairs of the
23 legislative appropriations committees responsible for
24 producing the General Appropriations Act for review before
25 awarding such bonuses. This section expires July 1, 2004.
26 Section 37. In order to implement Specific
27 Appropriation 1164 of the 2003-2004 General Appropriations
28 Act, paragraph (d) of subsection (4) of section 932.7055,
29 Florida Statutes, is amended to read:
30 932.7055 Disposition of liens and forfeited
31 property.--
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1 (4)
2 (d) Notwithstanding any other provision of this
3 subsection, and for the 2003-2004 2002-2003 fiscal year only,
4 the funds in a special law enforcement trust fund established
5 by the governing body of a municipality may be expended to
6 reimburse the general fund of the municipality for moneys
7 advanced from the general fund to the special law enforcement
8 trust fund prior to October 1, 2001. This paragraph expires
9 July 1, 2004 2003.
10 Section 38. In order to implement Specific
11 Appropriations 2592-2598A of the 2003-2004 General
12 Appropriations Act, subsection (4) of section 287.161, Florida
13 Statutes, is amended to read:
14 287.161 Executive aircraft pool; assignment of
15 aircraft; charge for transportation.--
16 (4) Notwithstanding the requirements of subsections
17 (2) and (3) and for the 2003-2004 2002-2003 fiscal year only,
18 the Department of Management Services shall charge all persons
19 receiving transportation from the executive aircraft pool a
20 rate not less than the mileage allowance fixed by the
21 Legislature for the use of privately owned vehicles. Fees
22 collected for persons traveling by aircraft in the executive
23 aircraft pool shall be deposited into the Bureau of Aircraft
24 Trust Fund and shall be expended for costs incurred to operate
25 the aircraft management activities of the department. It is
26 the intent of the Legislature that the executive aircraft pool
27 be operated on a full cost recovery basis, less available
28 funds. This subsection expires July 1, 2004 2003.
29 Section 39. In order to implement Section 8 of the
30 2003-2004 General Appropriations Act, subsection (7) of
31 section 110.12315, Florida Statutes, is amended to read:
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Amendment No. __ Barcode 124994
1 110.12315 Prescription drug program.--The state
2 employees' prescription drug program is established. This
3 program shall be administered by the Department of Management
4 Services, according to the terms and conditions of the plan as
5 established by the relevant provisions of the annual General
6 Appropriations Act and implementing legislation, subject to
7 the following conditions:
8 (7) Under the state employees' prescription drug
9 program copayments must be made as follows:
10 (a) Effective January 1, 2001, through December 31,
11 2003:
12 1. For generic drug with card......................$7.
13 2. For preferred brand name drug with card........$20.
14 3. For nonpreferred brand name drug with card.....$35.
15 4. For generic mail order drug.................$10.50.
16 5. For preferred brand name mail order drug.......$30.
17 6. For nonpreferred brand name drug............$52.50.
18 (b) Effective January 1, 2004:
19 1. For generic drug with card.....................$10.
20 2. For preferred brand name drug with card........$25.
21 3. For nonpreferred brand name drug with card.....$40.
22 4. For generic mail order drug....................$20.
23 5. For preferred brand name mail order drug.......$50.
24 6. For nonpreferred brand name drug...............$80.
25 (c)(b) The Department of Management Services shall
26 create a preferred brand name drug list to be used in the
27 administration of the state employees' prescription drug
28 program.
29
30 This subsection expires July 1, 2004 2003.
31 Section 40. In order to implement Sections 2-7 of the
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1 2003-2004 General Appropriations Act and for the 2003-2004
2 fiscal year only, paragraph (c) of subsection (1) of section
3 121.1115, Florida Statutes, is amended to read:
4 121.1115 Purchase of retirement credit for
5 out-of-state and federal service.--Effective January 1, 1995,
6 a member of the Florida Retirement System may purchase
7 creditable service for periods of public employment in another
8 state and receive creditable service for such periods of
9 employment. Service with the Federal Government, including any
10 military service, may be claimed. Upon completion of each year
11 of service earned under the Florida Retirement System, a
12 member may purchase up to 1 year of retirement credit for his
13 or her out-of-state service, subject to the following
14 provisions:
15 (1) LIMITATIONS AND CONDITIONS.--To receive credit for
16 the out-of-state service:
17 (c) Not more than 10 5 years of creditable service may
18 be claimed for creditable service aggregated under the
19 provisions of this section and s. 121.1122.
20 Section 41. The amendment of section 121.1115, Florida
21 Statutes, by this act shall expire on July 1, 2004, and the
22 text of that section shall revert to that in existence on June
23 30, 2003, except that any amendments to such text enacted
24 other than by this act shall be preserved and continue to
25 operate to the extent that such amendments are not dependent
26 upon the portions of such text which expire pursuant to the
27 provisions of this act.
28 Section 42. In order to implement Sections 2-7 of the
29 2003-2004 General Appropriations Act and for the 2003-2004
30 fiscal year only, paragraph (b) of subsection (2) of section
31 121.1122, Florida Statutes, is amended to read:
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1 121.1122 Purchase of retirement credit for in-state
2 public service and in-state service in accredited nonpublic
3 schools and colleges, including charter schools and charter
4 technical career centers.--Effective January 1, 1998, a member
5 of the Florida Retirement System may purchase creditable
6 service for periods of certain public or nonpublic employment
7 performed in this state, as provided in this section.
8 (2) LIMITATIONS AND CONDITIONS.--
9 (b) A member may not purchase and receive credit for
10 more than 5 years of creditable service aggregated under the
11 provisions of this section and s. 121.1115.
12 Section 43. The amendment of section 121.1122, Florida
13 Statutes, by this act shall expire on July 1, 2004, and the
14 text of that section shall revert to that in existence on June
15 30, 2003, except that any amendments to such text enacted
16 other than by this act shall be preserved and continue to
17 operate to the extent that such amendments are not dependent
18 upon the portions of such text which expire pursuant to the
19 provisions of this act.
20 Section 44. In order to implement Specific
21 Appropriations 2526 and 2527 of the 2003-2004 General
22 Appropriations Act, and notwithstanding section 11.13(1)(b),
23 Florida Statutes, or any other law, the salary of members of
24 the Senate and the House of Representatives shall not be
25 calculated according to that paragraph; instead, the annual
26 salaries of these members for the 2002-2003 fiscal year shall
27 be increased 2 percent for the 2003-2004 fiscal year. This
28 section expires June 30, 2004.
29 Section 45. In order to implement Specific
30 Appropriation 2545 of the 2003-2004 General Appropriations
31 Act, effective July 1, 2003, and notwithstanding the
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1 provisions of section 1008.51, Florida Statutes, the budget
2 for the Council for Education Policy Research and Improvement
3 shall be administered by the Auditor General. However, the
4 Council for Education Policy Research and Improvement shall
5 remain independent of the Auditor General for all programmatic
6 purposes, serving as a citizen board for conducting and
7 reviewing education research, providing independent analysis
8 on education progress, and providing independent evaluation of
9 education issues of statewide concern, as prescribed in
10 section 1008.51, Florida Statutes. All work products of the
11 Council for Education Policy Research and Improvement are
12 advisory in nature. This section expires July 1, 2004.
13 Section 46. In order to implement the appropriation of
14 funds in Special Categories-Risk Management Insurance of the
15 2003-2004 General Appropriations Act, and pursuant to the
16 notice, review, and objection procedures of section 216.177,
17 Florida Statutes, the Executive Office of the Governor is
18 authorized to transfer funds appropriated in the appropriation
19 category "Special Categories-Risk Management Insurance" of the
20 2003-2004 General Appropriations Act between departments in
21 order to align the budget authority granted with the premiums
22 paid by each department for risk management insurance. This
23 section expires July 1, 2004.
24 Section 47. In order to implement the appropriation of
25 funds in Special Categories-Transfer to Department of
26 Management Services-Human Resources Services Purchased Per
27 Statewide Contract of the 2003-2004 General Appropriations
28 Act, and pursuant to the notice, review, and objection
29 procedures of section 216.177, Florida Statutes, the Executive
30 Office of the Governor is authorized to transfer funds
31 appropriated in the appropriation category "Special
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1 Categories-Transfer to Department of Management Services-Human
2 Resources Services Purchased Per Statewide Contract" of the
3 2003-2004 General Appropriations Act between departments in
4 order to align the budget authority granted with the
5 assessments that must be paid by each agency to the Department
6 of Management Services for human resource management services.
7 This section expires July 1, 2004.
8 Section 48. In order to implement Section 8 of the
9 2003-2004 General Appropriations Act, section 110.1239,
10 Florida Statutes, is amended to read:
11 110.1239 State group health insurance program
12 funding.--For the 2003-2004 2002-2003 fiscal year only, it is
13 the intent of the Legislature that the state group health
14 insurance program be managed, administered, operated, and
15 funded in such a manner as to maximize the protection of state
16 employee health insurance benefits. Inherent in this intent is
17 the recognition that the health insurance liabilities
18 attributable to the benefits offered state employees should be
19 fairly, orderly, and equitably funded. Accordingly:
20 (1) The division shall determine the level of premiums
21 necessary to fully fund the state group health insurance
22 program for the next fiscal year. Such determination shall be
23 made after each Self-Insurance Estimating Conference as
24 provided in s. 216.136(11), but not later than December 1 and
25 April 1 of each fiscal year.
26 (2) The Governor, in the Governor's recommended
27 budget, shall provide premium rates necessary for full funding
28 of the state group health insurance program, and the
29 Legislature shall provide in the General Appropriations Act
30 for a premium level necessary for full funding of the state
31 group health insurance program.
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1 (3) For purposes of funding, any additional
2 appropriation amounts allocated to the state group health
3 insurance program by the Legislature shall be considered as a
4 state contribution and thus an increase in the state premiums.
5 (4) This section expires July 1, 2004 2003.
6 Section 49. In order to implement Sections 2-7 of the
7 2003-2004 General Appropriations Act, paragraph (c) of
8 subsection (5) and paragraph (d) of subsection (6) of section
9 112.061, Florida Statutes, are amended to read:
10 112.061 Per diem and travel expenses of public
11 officers, employees, and authorized persons.--
12 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
13 purposes of reimbursement and methods of calculating
14 fractional days of travel, the following principles are
15 prescribed:
16 (c) For the 2003-2004 2002-2003 fiscal year only and
17 notwithstanding the other provisions of this subsection, for
18 Class C travel, a state traveler shall not be reimbursed on a
19 per diem basis nor shall a traveler receive subsistence
20 allowance. This paragraph expires July 1, 2004 2003.
21 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
22 purposes of reimbursement rates and methods of calculation,
23 per diem and subsistence allowances are divided into the
24 following groups and rates:
25 (d) For the 2003-2004 2002-2003 fiscal year only and
26 notwithstanding the other provisions of this subsection, for
27 Class C travel, a state traveler shall not be reimbursed on a
28 per diem basis nor shall a traveler receive subsistence
29 allowance. This paragraph expires July 1, 2004 2003.
30 Section 50. In order to implement Specific
31 Appropriations 2132-2155 of the 2003-2004 General
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1 Appropriations Act, subsection (1) of section 468.404, Florida
2 Statutes, is amended to read:
3 468.404 License; fees; renewals.--
4 (1)(a) The department by rule shall establish biennial
5 fees for initial licensing, renewal of license, and
6 reinstatement of license, none of which fees shall exceed
7 $400. The department may by rule establish a delinquency fee
8 of no more than $50. The fees shall be adequate to
9 proportionately fund the expenses of the department which are
10 allocated to the regulation of talent agencies and shall be
11 based on the department's estimate of the revenue required to
12 administer this part.
13 (b) For the 2003-2004 fiscal year only,
14 notwithstanding the provisions of paragraph (a), the
15 department shall assess talent agency license fees at a level
16 sufficient to cover the cost of regulation appropriated in the
17 2003-2004 General Appropriations Act, or any other act passed
18 by the 2003 Legislature containing appropriations for such
19 purpose. This paragraph expires July 1, 2004.
20 Section 51. In order to implement Specific
21 Appropriations 1617, 1618, 1619, 1622, 1630, 1635, and 1637A
22 of the 2003-2004 General Appropriations Act, subsection (10)
23 is added to section 378.035, Florida Statutes, to read:
24 378.035 Department responsibilities and duties with
25 respect to Nonmandatory Land Reclamation Trust Fund.--
26 (10) For the 2003-2004 fiscal year only,
27 notwithstanding the provisions of subsections (5) and (6), the
28 department is authorized to expend the moneys appropriated in
29 the General Appropriations Act for the abatement of imminent
30 hazards caused by, and for the closure of, abandoned
31 phosphogypsum stack systems as provided in subsections
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1 403.4154(3) and (5), respectively. This subsection expires
2 July 1, 2004.
3 Section 52. In order to implement Specific
4 Appropriation 2286AT of the 2003-2004 General Appropriations
5 Act, subsection (4) is added to section 215.96, Florida
6 Statutes, to read:
7 215.96 Coordinating council and design and
8 coordination staff.--
9 (4) The Financial Management Information Board,
10 through the coordinating council, shall provide the necessary
11 planning, implementation, and integration policies,
12 coordination procedures, and reporting processes to facilitate
13 the successful and efficient integration of the central
14 administrative and financial management information systems,
15 including the Florida Accounting Information Resource system
16 (FLAIR), Cash Management System (CMS), and FLAIR/CMS
17 replacement project, the payroll system in the Department of
18 Financial Services, the Legislative Appropriations
19 System/Planning and Budgeting Subsystem (LAS/PBS), the State
20 Purchasing System (SPURS) and MyFlorida Marketplace project,
21 the Cooperative Personnel Employment Subsystem (COPES) and the
22 PeopleFirst Outsourcing project, and the State Unified Tax
23 system (SUNTAX).
24 (a) To fulfill this role, the coordinating council
25 shall establish an Enterprise Resource Planning Integration
26 Task Force, which shall consist of the coordinating council
27 members plus the Chief Information Officer in the State
28 Technology Office and the Executive Director or designee in
29 the Department of Revenue, who shall serve with voting rights
30 on the task force. The nonvoting ex officio members of the
31 coordinating council shall be nonvoting members of the task
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Amendment No. __ Barcode 124994
1 force.
2 (b) The task force shall be established by August 1,
3 2003, and shall remain in existence until the integration
4 goals have been achieved among the FLAIR/CMS Replacement
5 project, SPURS and MyFlorida Marketplace project, COPES and
6 PeopleFirst project, payroll system, LAS/PBS, and SUNTAX
7 system, or until June 30, 2005, whichever is later. The task
8 force shall hold its initial meeting no later than September
9 1, 2003, and shall meet at the call of the chair or at least
10 once every 60 days. In its initial meeting, task force members
11 shall:
12 1. Adopt a task force charter that identifies major
13 objectives, activities, milestones and deliverables,
14 significant assumptions, and constraints on the task force
15 functions and major stakeholder groups interested in the
16 outcome of the task force.
17 2. Consider and adopt processes by which information
18 will be collected and business process and technical
19 integration issues will be raised for analysis and
20 recommendation by the task force.
21 3. Elect a member to serve as vice chair. Any vacancy
22 in the vice chair position shall be filled by similar election
23 within 30 days after the date the vacancy is effective.
24 (c) The coordinating council shall provide
25 administrative and technical support to the task force as is
26 reasonably necessary for the task force to effectively and
27 timely carry out its duties and responsibilities. The cost of
28 providing such support may be paid from funds appropriated for
29 the operation of the council or the FLAIR/CMS Replacement
30 project. The task force also may contract for services to
31 obtain specific expertise to analyze, facilitate, and
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1 formulate recommendations to address process and technical
2 integration problems that need to be resolved.
3 (d) Using information and input from project teams and
4 stakeholders responsible for the FLAIR/CMS Replacement
5 project, SPURS and MyFlorida Marketplace project, COPES and
6 PeopleFirst project, payroll system, LAS/PBS, and SUNTAX
7 system, the responsibilities of the task force shall include,
8 but not be limited to:
9 1. Identifying and documenting central administrative
10 and financial management policies, procedures, and processes
11 that need to be integrated and recommending steps for
12 implementation.
13 2. Collecting information from the subsystem owners
14 and project teams and developing and publishing a consolidated
15 list of enterprise resource planning functional and technical
16 integration requirements.
17 3. Publishing integration plans and timelines based on
18 information collected from task force members.
19 4. Forming committees, workgroups, and teams as
20 provided in subsection (3).
21 5. Developing recommendations for the Financial
22 Management Information Board which clearly describe any
23 business or technical problems that need to be addressed, the
24 options for resolving the problem, and the recommended
25 actions.
26 6. Developing and implementing plans for reporting
27 status of integration efforts.
28 (e) The task force shall provide recommendations to
29 the Financial Management Information Board for review and
30 approval regarding the technical, procedural, policy, and
31 process requirements and changes that are needed to
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1 successfully integrate, implement, and realize the benefits of
2 the enterprise resource planning initiatives associated with
3 the FLAIR/CMS Replacement project, SPURS and MyFlorida
4 Marketplace project, COPES and PeopleFirst project, payroll
5 system, LAS/PBS, and SUNTAX system. The first of these reports
6 should be provided no later than October 3, 2003.
7 (f) The task force shall monitor, review, and evaluate
8 the progress of the FLAIR/CMS Replacement project, SPURS and
9 MyFlorida Marketplace project, COPES and PeopleFirst project,
10 payroll system, LAS/PBS and SUNTAX system, in implementing the
11 process and technical integration requirements and changes
12 approved by the Financial Management Information Board and in
13 achieving the necessary integration among the central
14 administrative and financial management information systems
15 represented on the task force. The task force shall prepare
16 and submit quarterly reports to the Executive Office of the
17 Governor, the chairs of the Senate Appropriations Committee
18 and the House Appropriations Committee, and the Financial
19 Management Information Board. Each quarterly report shall
20 identify and describe the technical, procedural, policy, and
21 process requirements and changes proposed and adopted by the
22 board and shall describe the status of the implementation of
23 these integration efforts, identify any problems, issues, or
24 risks that require executive-level action, and report actual
25 costs related to the Enterprise Resource Planning Integration
26 Task Force.
27 (g) By January 15, 2004, and annually thereafter,
28 until it is disbanded, the Enterprise Resource Planning
29 Integration Task Force shall report to the Financial
30 Management Information Board, the Speaker of the House of
31 Representatives, and the President of the Senate the results
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Amendment No. __ Barcode 124994
1 of the task force's monitoring, review, and evaluation of
2 enterprise resource planning integration activities and
3 requirements, and any recommendations for statutory changes to
4 be considered by the Legislature.
5 (h) This subsection expires July 1, 2004.
6 Section 53. In order to implement Specific
7 Appropriation 2285 of the 2003-2004 General Appropriations
8 Act, paragraph (f) is added to subsection (3) of section
9 601.15, Florida Statutes, to read:
10 601.15 Advertising campaign; methods of conducting;
11 excise tax; emergency reserve fund; citrus research.--
12 (3)
13 (f) For the 2003-2004 fiscal year only and
14 notwithstanding the provisions of paragraph (e), the
15 commission, upon a majority vote, may reduce the tax rates
16 specified in this subsection. This paragraph expires July 1,
17 2004.
18 Section 54. In order to implement Specific
19 Appropriations 1782 and 1783 of the 2003-2004 General
20 Appropriations Act, subsection (9) is added to section
21 372.561, Florida Statutes, to read:
22 372.561 Recreational licenses, permits, and
23 authorization numbers to take wild animal life, freshwater
24 aquatic life, and marine life; issuance; costs; reporting.--
25 (9) Effective July 1, 2003, the license and permit
26 fees, reporting, and recordkeeping requirements of subsection
27 (6) shall not take effect for any county until the Fish and
28 Wildlife Conservation Commission has implemented an automated
29 licensing system that incorporates the county. Until such
30 system is implemented for each county, the provisions of
31 subsection (6) which were law on June 30, 2003, shall apply.
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Amendment No. __ Barcode 124994
1 This subsection expires July 1, 2004.
2 Section 55. In order to implement Specific
3 Appropriation 1637A of the 2003-2004 General Appropriations
4 Act, subsections (3) and (8) of section 376.86, Florida
5 Statutes, are amended to read:
6 376.86 Brownfield Areas Loan Guarantee Program.--
7 (3) The council may enter into an investment agreement
8 with the Department of Environmental Protection and the State
9 Board of Administration concerning the investment of the
10 earnings accrued and collected upon the investment of the
11 balance of funds maintained in the Nonmandatory Land
12 Reclamation Trust Fund. The investment must be limited as
13 follows:
14 (a) Not more than $1.5 $5 million of the investment
15 earnings earned on the investment of the minimum balance of
16 the Nonmandatory Land Reclamation Trust Fund in a fiscal year
17 may be at risk at any time on loan guarantees or as loan loss
18 reserves. Of that amount, 15 percent shall be reserved for
19 investment agreements involving predominantly minority-owned
20 businesses which meet the requirements of subsection (4).
21 (b) Such funds at risk at any time The investment
22 earnings may not be used to guarantee any loan guaranty or
23 loan loss reserve agreement for a period longer than 5 years.
24 (8) The council shall provide an annual report to the
25 Legislature by February 1 of each year describing its
26 activities and agreements approved relating to redevelopment
27 of brownfield areas. This section shall be reviewed by the
28 Legislature by June 30, 2004 October 1, 2003, and a
29 determination made related to the need to continue or modify
30 this section. New loan guarantees may not be approved in 2004
31 2003 until the review by the Legislature has been completed
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Amendment No. __ Barcode 124994
1 and a determination has been made as to the feasibility of
2 continuing the use of the Nonmandatory Land Reclamation Trust
3 Fund to guarantee portions of loans under this section.
4 Section 56. The amendment of section 376.86, Florida
5 Statutes, by this act shall expire on July 1, 2004, and the
6 text of that section shall revert to that in existence on June
7 30, 2003, except that any amendments to such text enacted
8 other than by this act shall be preserved and continue to
9 operate to the extent that such amendments are not dependent
10 upon the portions of such text which expire pursuant to the
11 provisions of this act.
12 Section 57. In order to implement Specific
13 Appropriation 1394A of the 2003-2004 General Appropriations
14 Act, paragraph (b) of subsection (2) of section 581.184,
15 Florida Statutes, is amended to read:
16 581.184 Adoption of rules; citrus canker eradication;
17 voluntary destruction agreements.--
18 (2)
19 (b) Notwithstanding the provisions of paragraph (a),
20 and for the 2003-2004 2002-2003 fiscal year only, notice of
21 the removal of infected citrus trees and citrus trees exposed
22 to infection, by immediate final order, shall be provided to
23 the owner of the property on which such trees are located.
24 This paragraph expires July 1, 2004 2003.
25 Section 58. In order to implement Specific
26 Appropriation 1396A of the 2003-2004 General Appropriations
27 Act, paragraph (b) of subsection (2) and subsection (6) of
28 section 581.1845, Florida Statutes, are amended to read:
29 581.1845 Citrus canker eradication; compensation to
30 homeowners whose trees have been removed.--
31 (2)
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Amendment No. __ Barcode 124994
1 (b) Notwithstanding subparagraph (a)1., and for
2 compensation during the 2003-2004 2002-2003 fiscal year only,
3 to be eligible to receive compensation under the program for
4 residential property where one or more citrus trees have been
5 removed on or after July 1, 2001, as part of a citrus canker
6 eradication program, a homeowner must be the homeowner of
7 record on the date the trees were removed. This paragraph
8 expires July 1, 2004 2003.
9 (6) For the 2003-2004 2002-2003 fiscal year only, and
10 notwithstanding the $100-compensation amount specified in
11 subsection (3), the amount of compensation for each tree
12 removed from residential property by the citrus canker
13 eradication program shall be $55. This subsection expires July
14 1, 2004 2003.
15 Section 59. In order to implement Specific
16 Appropriation 1303A of the 2003-2004 General Appropriations
17 Act, paragraph (e) is added to subsection (13) of section
18 253.025, Florida Statutes, to read:
19 253.025 Acquisition of state lands for purposes other
20 than preservation, conservation, and recreation.--
21 (13)
22 (e) For the 2003-2004 fiscal year only, the use of
23 funds allocated to the Relocation and Construction Trust Fund
24 shall be as provided in the General Appropriations Act. This
25 paragraph expires July 1, 2004.
26 Section 60. In order to implement Specific
27 Appropriations 1335-1339 of the 2003-2004 General
28 Appropriations Act, section 570.544, Florida Statutes, is
29 amended to read:
30 570.544 Division of Consumer Services; director;
31 powers; processing of complaints; records.--
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1 (1) The director of the Division of Consumer Services
2 shall be appointed by and serve at the pleasure of the
3 commissioner.
4 (2) The Division of Consumer Services may:
5 (a) Conduct studies and make analyses of matters
6 affecting the interests of consumers.
7 (b) Study the operation of laws for consumer
8 protection.
9 (c) Advise and make recommendations to the various
10 state agencies concerned with matters affecting consumers.
11 (d) Assist, advise, and cooperate with local, state,
12 or federal agencies and officials in order to promote the
13 interests of consumers.
14 (e) Make use of the testing and laboratory facilities
15 of the department for the detection of consumer fraud.
16 (f) Report to the appropriate law enforcement officers
17 any information concerning violation of consumer protection
18 laws.
19 (g) Assist, develop, and conduct programs of consumer
20 education and consumer information through publications and
21 other informational and educational material prepared for
22 dissemination to the public, in order to increase the
23 competence of consumers.
24 (h) Organize and hold conferences on problems
25 affecting consumers.
26 (i) Recommend programs to encourage business and
27 industry to maintain high standards of honesty, fair business
28 practices, and public responsibility in the production,
29 promotion, and sale of consumer goods and services.
30 (3) In addition to the powers, duties, and
31 responsibilities authorized by this or any other chapter, the
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Amendment No. __ Barcode 124994
1 Division of Consumer Services shall serve as a clearinghouse
2 for matters relating to consumer protection, consumer
3 information, and consumer services generally. It shall receive
4 complaints and grievances from consumers and promptly transmit
5 them to that agency most directly concerned in order that the
6 complaint or grievance may be expeditiously handled in the
7 best interests of the complaining consumer. If no agency
8 exists, the Division of Consumer Services shall seek a
9 settlement of the complaint using formal or informal methods
10 of mediation and conciliation and may seek any other
11 resolution of the matter in accordance with its jurisdiction.
12 (4) If any complaint received by the Division of
13 Consumer Services concerns matters which involve concurrent
14 jurisdiction in more than one agency, duplicate copies of the
15 complaint shall be referred to those offices deemed to have
16 concurrent jurisdiction.
17 (3)(5)(a) Any agency, office, bureau, division, or
18 board of state government receiving a complaint which deals
19 with consumer fraud or consumer protection and which is not
20 within the jurisdiction of the receiving agency, office,
21 bureau, division, or board originally receiving it, shall
22 immediately refer the complaint to the Division of Consumer
23 Services.
24 (b) Upon receipt of such a complaint, the Division of
25 Consumer Services shall make a determination of the proper
26 jurisdiction to which the complaint relates and shall
27 immediately refer the complaint to the agency, office, bureau,
28 division, or board which does have the proper regulatory or
29 enforcement authority to deal with it.
30 (6)(a) The office or agency to which a complaint has
31 been referred shall within 30 days acknowledge receipt of the
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1 complaint and report on the disposition made of the complaint.
2 In the event a complaint has not been disposed of within 30
3 days, the receiving office or agency shall file progress
4 reports with the Division of Consumer Services no less
5 frequently than 30 days until final disposition.
6 (b) The report shall contain at least the following
7 information:
8 1. A finding of whether the receiving agency has
9 jurisdiction of the subject matter involved in the complaint.
10 2. Whether the complaint is deemed to be frivolous,
11 sham, or without basis in fact or law.
12 3. What action has been taken and a report on whether
13 the original complainant was satisfied with the final
14 disposition.
15 4. Any recommendation regarding needed changes in law
16 or procedure which in the opinion of the reporting agency or
17 office will improve consumer protection in the area involved.
18 (7)(a) If the office or agency receiving a complaint
19 fails to file a report as contemplated in this section, that
20 failure shall be construed as a denial by the receiving office
21 or agency that it has jurisdiction of the subject matter
22 contained in the complaint.
23 (b) If an office or agency receiving a complaint
24 determines that the matter presents a prima facie case for
25 criminal prosecution or if the complaint cannot be settled at
26 the administrative level, the complaint together with all
27 supporting evidence shall be transmitted to the Department of
28 Legal Affairs or other appropriate enforcement agency with a
29 recommendation for civil or criminal action warranted by the
30 evidence.
31 (4)(8) The records of the Division of Consumer
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1 Services are public records. However, customer lists, customer
2 names, and trade secrets are confidential and exempt from the
3 provisions of s. 119.07(1). Disclosure necessary to
4 enforcement procedures shall not be construed as violative of
5 this prohibition.
6 (5)(9) It shall be the duty of the Division of
7 Consumer Services to maintain records and compile summaries
8 and analyses of consumer complaints under its jurisdiction and
9 their eventual disposition, which data may serve as a basis
10 for recommendations to the Legislature and to state regulatory
11 agencies.
12 Section 61. The amendment of section 570.544, Florida
13 Statutes, by this act shall expire on July 1, 2004, and the
14 text of that section shall revert to that in existence on June
15 30, 2003, except that any amendments to such text enacted
16 other than by this act shall be preserved and continue to
17 operate to the extent that such amendments are not dependent
18 upon the portions of such text which expire pursuant to the
19 provisions of this act.
20 Section 62. In order to implement Specific
21 Appropriations 1335-1339 of the 2003-2004 General
22 Appropriations Act, section 526.3135, Florida Statutes, is
23 amended to read:
24 526.3135 Reports by the Division of Standards.--The
25 Division of Standards is directed to compile a report pursuant
26 to s. 570.544 of all complaints received by the Department of
27 Agriculture and Consumer Services pursuant to this act. Such
28 report shall contain at least the information required by s.
29 570.544(6)(b)2.-4. and shall be presented to the Speaker of
30 the House of Representatives and the President of the Senate
31 no later than January 1 of each year.
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Amendment No. __ Barcode 124994
1 Section 63. The amendment of section 526.3135, Florida
2 Statutes, by this act shall expire on July 1, 2004, and the
3 text of that section shall revert to that in existence on June
4 30, 2003, except that any amendments to such text enacted
5 other than by this act shall be preserved and continue to
6 operate to the extent that such amendments are not dependent
7 upon the portions of such text which expire pursuant to the
8 provisions of this act.
9 Section 64. In order to implement Specific
10 Appropriations 1335-1339 of the 2003-2004 General
11 Appropriations Act, subsection (2) of section 559.921, Florida
12 Statutes, is amended to read:
13 559.921 Remedies.--
14 (2) The department shall refer process consumer
15 complaints to the Division of Consumer Services according to
16 ss. 570.07 and 570.544.
17 Section 65. The amendment of subsection (2) of section
18 559.921, Florida Statutes, by this act shall expire on July 1,
19 2004, and the text of that subsection shall revert to that in
20 existence on June 30, 2003, except that any amendments to such
21 text enacted other than by this act shall be preserved and
22 continue to operate to the extent that such amendments are not
23 dependent upon the portions of such text which expire pursuant
24 to the provisions of this act.
25 Section 66. In order to implement Section 63 of the
26 2003-2004 General Appropriations Act, subsection (21) is added
27 to section 259.105, Florida Statutes, to read:
28 259.105 The Florida Forever Act.--
29 (21) For the 2003-2004 fiscal year only and
30 notwithstanding the provisions of subsection (11), the
31 distribution of funds to water management districts for the
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Amendment No. __ Barcode 124994
1 purposes of funding projects pursuant to paragraph (3)(a)
2 shall include the additional amount appropriated in the
3 2003-2004 General Appropriations Act to the South Florida
4 Water Management District to offset the amount vetoed in
5 chapter 2002-394, Laws of Florida. This subsection expires
6 July 1, 2004.
7 Section 67. Notwithstanding the provisions of section
8 403.7095, Florida Statutes, in order to implement Specific
9 Appropriation 1677A of the 2003-2004 General Appropriations
10 Act, the Department of Environmental Protection shall award:
11 (1) $4,000,000 in grants equally to counties with
12 populations of fewer than 100,000 for waste tire, litter
13 prevention, recycling and education, and general solid waste
14 programs.
15 (2) $1,750,000 in waste tire grants to counties, on a
16 per capita basis, with populations of 100,000 or more.
17 (3) $750,000 in competitive innovative grants to
18 cities and counties on the prioritized list of projects
19 submitted by the Department of Environmental Protection to the
20 Legislature.
21 Section 68. In order to implement Specific
22 Appropriation 1379A of the 2003-2004 General Appropriations
23 Act and notwithstanding any provision of chapter 287 or
24 chapter 337, Florida Statutes, from the funds appropriated to
25 the Department of Agriculture and Consumer Services for the
26 2002-2003 and 2003-2004 fiscal years for the purpose of
27 constructing an agricultural interdiction station on
28 Interstate 10 in Escambia County, the Department of
29 Agriculture and Consumer Services shall enter into an
30 agreement with the Department of Transportation wherein the
31 Department of Transportation, on behalf of the Department of
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1 Agriculture and Consumer Services, shall proceed with the
2 construction of the station under the authority established in
3 chapter 337, Florida Statutes. The Department of Agriculture
4 and Consumer Services shall be authorized to execute all
5 contracts resulting from such Department of Transportation
6 selection of contractors in compliance with chapter 337,
7 Florida Statutes. This section expires July 1, 2004.
8 Section 69. In order to implement Specific
9 Appropriations 2132 through 2169 of the 2003-2004 General
10 Appropriations Act and notwithstanding the provisions of
11 section 471.003, Florida Statutes, neither the Department of
12 Business and Professional Regulation nor the Florida Engineers
13 Management Corporation may utilize any funds to investigate,
14 prosecute, or maintain any action against any employee or
15 contractor of a sole proprietorship, firm, limited liability
16 company, partnership, joint stock association, corporation, or
17 other business entity that:
18 (1) Provides products, services, or a project
19 described in section 288.1045(1)(i), Florida Statutes, to an
20 agency or department of the United States or the government of
21 a foreign country which involves the design, development,
22 production, sale, or provision of defense or aerospace
23 products or services;
24 (2) Consists of or supports commercial aircraft and
25 the entity holds a certificate issued by the Federal Aviation
26 Administration under Chapter 21, Title 14, Code of Federal
27 Regulations;
28 (3) Consists of space vehicles or space services that
29 are subject to licensing or regulation by an agency or
30 department of the United States under Title 14, Title 47, or
31 Title 48 of the Code of Federal Regulations or for sale or use
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1 outside the United States;
2 (4) Allows the use of the term "engineer" or
3 "engineering" in a job title or personnel classification by an
4 employee or contractor to the extent that the use of the title
5 or classification is related to activities described in
6 subsections (1)-(3) and such employee or contractor is
7 authorized under the terms of a contract described in
8 subsections (1)-(3) to provide such services; or
9 (5) Is employed by an entity not offering engineering
10 services to either the public or providing services described
11 in subsections (1)-(3). Such employee or contractor may use
12 the title "engineer" or any title listed in paragraph
13 471.031(1)(b), Florida Statutes, except "professional
14 engineer," "licensed engineer," or "registered engineer," so
15 long as such use does not indicate that the person is duly
16 licensed and is authorized to practice engineering beyond the
17 scope of the exemptions set forth in section 471.003(2),
18 Florida Statutes. Provided, however, that a person described
19 in this subsection shall have obtained a baccalaureate degree
20 in engineering.
21 (6) This section expires July 1, 2004.
22 Section 70. In order to implement Specific
23 Appropriations 2776 and 2783 of the 2003-2004 General
24 Appropriations Act, section 195.022, Florida Statutes, is
25 amended to read:
26 195.022 Forms to be prescribed by Department of
27 Revenue.--The Department of Revenue shall prescribe and
28 furnish all forms to be used by property appraisers, tax
29 collectors, clerks of the circuit court, and value adjustment
30 boards in administering and collecting ad valorem taxes. The
31 department shall prescribe a form for each purpose. For
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1 counties with a population of 100,000 or fewer, the Department
2 of Revenue shall furnish the forms. For counties with a
3 population greater than 100,000, the county officer shall
4 reproduce forms for distribution at the expense of his or her
5 office. A county officer may use a form other than the form
6 prescribed by the department, but only at the expense of his
7 or her office and upon obtaining written permission from the
8 executive director of the department; however, provided that
9 no county officer shall use a form the substantive content of
10 which is at variance with the form prescribed by the
11 department for the same or a similar purpose. If the executive
12 director finds good cause to grant such permission he or she
13 may do so. The county officer may continue to use such
14 approved form until the law which specifies the form is
15 amended or repealed or until the officer receives written
16 disapproval from the executive director. Otherwise, all such
17 officers and their employees shall use the forms, and follow
18 the instructions applicable to the forms, which are prescribed
19 furnished to them by the department. The department, upon
20 request of any property appraiser or, in any event, at least
21 once every 3 years, shall prescribe and furnish such aerial
22 photographs and nonproperty ownership maps to the property
23 appraisers as are necessary to ensure that all real property
24 within the state is properly listed on the roll. All forms
25 and maps furnished by the department shall be paid for by the
26 department as provided by law. All forms and maps and
27 instructions relating to their use shall be substantially
28 uniform throughout the state. An officer may employ
29 supplemental forms and maps, at the expense of his or her
30 office, which he or she deems expedient for the purpose of
31 administering and collecting ad valorem taxes. The forms
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1 required in ss. 193.461(3)(a) and 196.011(1) for renewal
2 purposes shall require sufficient information for the property
3 appraiser to evaluate the changes in use since the prior year.
4 If the property appraiser determines, in the case of a
5 taxpayer, that he or she has insufficient current information
6 upon which to approve the exemption, or if the information on
7 the renewal form is inadequate for him or her to evaluate the
8 taxable status of the property, he or she may require the
9 resubmission of an original application.
10 Section 71. The amendment of section 195.022, Florida
11 Statutes, by this act shall expire on July 1, 2004, and the
12 text of that section shall revert to that in existence on June
13 30, 2003, except that any amendments to such text enacted
14 other than by this act shall be preserved and continue to
15 operate to the extent that such amendments are not dependent
16 upon the portions of such text which expire pursuant to the
17 provisions of this act.
18 Section 72. In order to implement Specific
19 Appropriation 1439K of the 2003-2004 General Appropriations
20 Act, paragraphs (b) and (c) of subsection (1) of section
21 252.373, Florida Statutes, are amended to read:
22 252.373 Allocation of funds; rules.--
23 (1)
24 (b) Notwithstanding the provisions of paragraph (a),
25 and for the 2003-2004 2002-2003 fiscal year only, the use of
26 the Emergency Management, Preparedness, and Assistance Trust
27 Fund shall be as provided in the General Appropriations Act.
28 This paragraph expires on July 1, 2004 2003.
29 (c) Notwithstanding the provisions of paragraph (a),
30 and for the 2003-2004 2002-2003 fiscal year only, the
31 Department of Community Affairs shall conduct a review of
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1 funds available in the Emergency Management, Preparedness, and
2 Assistance Trust Fund. By December 31 1, 2003 2002, when
3 actual receipts for the 2002-2003 2001-2002 fiscal year are
4 determined, the Department of Community Affairs may identify
5 any funds that were unspent or unencumbered in the 2002-2003
6 2001-2002 fiscal year that are not required to implement
7 appropriations for the 2002-2003 fiscal year from the
8 Emergency Management, Preparedness, and Assistance Trust Fund,
9 and such funds may be transferred to the Grants and Donations
10 Trust Fund to be used for the state portion of the match
11 requirements for federally approved disaster Hazard Mitigation
12 Grant Program projects. This paragraph expires July 1, 2004
13 2003.
14 Section 73. In order to implement proviso language in
15 Specific Appropriation 2014A of the 2003-2004 General
16 Appropriations Act, section 402.3017, Florida Statutes, is
17 amended to read:
18 402.3017 Teacher Education and Compensation Helps
19 (TEACH) scholarship program.--
20 (1) The Legislature finds that the level of early
21 child care teacher education and training is a key predictor
22 for determining program quality. The Legislature also finds
23 that low wages for child care workers prevent many from
24 obtaining increased training and education and contribute to
25 high turnover rates. The Legislature therefore intends to
26 help fund a program which links teacher training and education
27 to compensation and commitment to the field of early childhood
28 education.
29 (2) The Department of Children and Family Services is
30 authorized to contract for the administration of the Teacher
31 Education and Compensation Helps (TEACH) scholarship program,
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1 which provides educational scholarships to caregivers and
2 administrators of early childhood programs, family day care
3 homes, and large family child care homes.
4 (3) The department shall adopt rules as necessary to
5 implement this section.
6 (4) For the 2003-2004 2002-2003 fiscal year only, the
7 Agency for Workforce Innovation shall administer this section.
8 This subsection expires July 1, 2004 2003.
9 Section 74. In order to implement Specific
10 Appropriation 2014A of the 2003-2004 General Appropriations
11 Act, subsection (13) of section 411.01, Florida Statutes, is
12 amended to read:
13 411.01 Florida Partnership for School Readiness;
14 school readiness coalitions.--
15 (13) PLACEMENTS.--Notwithstanding any other provision
16 of this section to the contrary, and for fiscal year 2003-2004
17 2002-2003 only, the first children to be placed in the school
18 readiness program shall be those from families receiving
19 temporary cash assistance and subject to federal work
20 requirements. Subsequent placements shall be pursuant to the
21 provisions of this section. This subsection expires July 1,
22 2004 2003.
23 Section 75. In order to implement Section 40 of the
24 2003-2004 General Appropriations Act, subsection (10) of
25 section 288.063, Florida Statutes, is amended to read:
26 288.063 Contracts for transportation projects.--
27 (10)(a) Notwithstanding the provisions of s. 216.301,
28 funds appropriated for this purpose shall not be subject to
29 reversion.
30 (b) For the 2003-2004 fiscal year only and
31 notwithstanding paragraph (a), funds appropriated for this
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1 purpose in previous years are subject to the reversion
2 requirements of s. 216.301. This paragraph expires July 1,
3 2004.
4 Section 76. In order to implement Specific
5 Appropriation 2315D of the 2003-2004 General Appropriations
6 Act, paragraph (b) of subsection (9) of section 320.08058,
7 Florida Statutes, is amended to read:
8 320.08058 Specialty license plates.--
9 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
10 (b) The license plate annual use fees are to be
11 annually distributed as follows:
12 1. Fifty-five percent of the proceeds from the Florida
13 Professional Sports Team plate must be deposited into the
14 Professional Sports Development Trust Fund within the Office
15 of Tourism, Trade, and Economic Development. These funds must
16 be used solely to attract and support major sports events in
17 this state. As used in this subparagraph, the term "major
18 sports events" means, but is not limited to, championship or
19 all-star contests of Major League Baseball, the National
20 Basketball Association, the National Football League, the
21 National Hockey League, the men's and women's National
22 Collegiate Athletic Association Final Four basketball
23 championship, or a horseracing or dogracing Breeders' Cup. All
24 funds must be used to support and promote major sporting
25 events, and the uses must be approved by the Florida Sports
26 Foundation.
27 2. The remaining proceeds of the Florida Professional
28 Sports Team license plate must be allocated to the Florida
29 Sports Foundation, a direct-support organization of the Office
30 of Tourism, Trade, and Economic Development. These funds must
31 be deposited into the Professional Sports Development Trust
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1 Fund within the Office of Tourism, Trade, and Economic
2 Development. These funds must be used by the Florida Sports
3 Foundation to promote the economic development of the sports
4 industry; to distribute licensing and royalty fees to
5 participating professional sports teams; to institute a grant
6 program for communities bidding on minor sporting events that
7 create an economic impact for the state; to distribute funds
8 to Florida-based charities designated by the Florida Sports
9 Foundation and the participating professional sports teams;
10 and to fulfill the sports promotion responsibilities of the
11 Office of Tourism, Trade, and Economic Development.
12 3. The Florida Sports Foundation shall provide an
13 annual financial audit in accordance with s. 215.981 of its
14 financial accounts and records by an independent certified
15 public accountant pursuant to the contract established by the
16 Office of Tourism, Trade, and Economic Development as
17 specified in s. 288.1229(5). The auditor shall submit the
18 audit report to the Office of Tourism, Trade, and Economic
19 Development for review and approval. If the audit report is
20 approved, the office shall certify the audit report to the
21 Auditor General for review.
22 4. For the 2003-2004 fiscal year only and
23 notwithstanding the provisions of subparagraphs 1. and 2.,
24 proceeds from the Professional Sports Development Trust Fund
25 may also be used for operational expenses of the Florida
26 Sports Foundation and financial support of the Sunshine State
27 Games. This subparagraph expires July 1, 2004.
28 Section 77. In order to implement Section 62 of the
29 2003-2004 General Appropriations Act, subsection (5) is added
30 to section 339.08, Florida Statutes, to read:
31 339.08 Use of moneys in State Transportation Trust
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1 Fund.--
2 (5) For the 2003-2004 fiscal year only and
3 notwithstanding the provisions of this section and s.
4 339.09(1), $200 million may be transferred from the State
5 Transportation Trust Fund to the General Revenue Fund in the
6 2003-2004 General Appropriations Act. Such transfer may be
7 comprised of several smaller transfers made during the
8 2003-2004 fiscal year. Notwithstanding ss. 206.46(3) and
9 206.606(2), the total amount transferred shall be reduced from
10 total state revenues deposited into the State Transportation
11 Trust Fund for the calculation requirements of ss. 206.46(3)
12 and 206.606(2). This subsection expires July 1, 2004.
13 Section 78. In order to implement Specific
14 Appropriation 1979A of the 2003-2004 General Appropriations
15 Act, section 445.048, Florida Statutes, is amended to read:
16 445.048 Passport to Economic Progress demonstration
17 program.--
18 (1) AUTHORIZATION.--Notwithstanding any law to the
19 contrary, Workforce Florida, Inc., in conjunction with the
20 Department of Children and Family Services and the Agency for
21 Workforce Innovation, shall implement a Passport to Economic
22 Progress demonstration program by November 1, 2001, consistent
23 with the provisions of this section in Hillsborough, and
24 Manatee, and Sarasota counties. Workforce Florida, Inc., must
25 consult with the applicable regional workforce boards and the
26 applicable local offices of the department which serve the
27 demonstration areas and must encourage community input into
28 the implementation process.
29 (2) WAIVERS.--If Workforce Florida, Inc., in
30 consultation with the Department of Children and Family
31 Services, finds that federal waivers would facilitate
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1 implementation of the demonstration program, the department
2 shall immediately request such waivers, and Workforce Florida,
3 Inc., shall report to the Governor, the President of the
4 Senate, and the Speaker of the House of Representatives if any
5 refusal of the federal government to grant such waivers
6 prevents the implementation of the demonstration program. If
7 Workforce Florida, Inc., finds that federal waivers to
8 provisions of the Food Stamp Program would facilitate
9 implementation of the demonstration program, the Department of
10 Children and Family Services shall immediately request such
11 waivers in accordance with s. 414.175.
12 (3) INCOME DISREGARD.--In order to provide an
13 additional incentive for employment, and notwithstanding the
14 amount specified in s. 414.095(12), for individuals residing
15 in the areas designated for this demonstration program, the
16 first $300 plus one-half of the remainder of earned income
17 shall be disregarded in determining eligibility for temporary
18 cash assistance. All other conditions and requirements of s.
19 414.095(12) shall continue to apply to such individuals.
20 (3)(4) TRANSITIONAL BENEFITS AND SERVICES.--In order
21 to assist them in making the transition to economic
22 self-sufficiency, former recipients of temporary cash
23 assistance residing within the areas designated for this
24 demonstration program shall be eligible for the following
25 benefits and services:
26 (a) Notwithstanding the time period specified in s.
27 445.030, transitional education and training support services
28 as specified in s. 445.030 for up to 4 years after the family
29 is no longer receiving temporary cash assistance;
30 (b) Notwithstanding the time period specified in s.
31 445.031, transitional transportation support services as
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1 specified in s. 445.031 for up to 4 years after the family is
2 no longer receiving temporary cash assistance; and
3 (c) Notwithstanding the time period specified in s.
4 445.032, transitional child care as specified in s. 445.032
5 for up to 4 years after the family is no longer receiving
6 temporary cash assistance.
7
8 All other provisions of ss. 445.030, 445.031, and 445.032
9 shall apply to such individuals, as appropriate. This
10 subsection does not constitute an entitlement to transitional
11 benefits and services. If funds are insufficient to provide
12 benefits and services under this subsection, the board of
13 directors of Workforce Florida, Inc., may limit such benefits
14 and services or otherwise establish priorities for the
15 provisions of such benefits and services.
16 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--
17 (a) The Legislature finds that:
18 1. There are former recipients of temporary cash
19 assistance who are working full time but whose incomes are
20 below the poverty level.
21 2. Having incomes below the federal poverty level
22 makes such individuals particularly vulnerable to reliance on
23 public assistance despite their best efforts to achieve or
24 maintain economic independence through employment.
25 3. It is necessary to implement a performance-based
26 program that defines economic incentives for achieving
27 specific benchmarks toward self-sufficiency while the
28 individual is working full time.
29 (b) Workforce Florida, Inc., in cooperation with the
30 Department of Children and Family Services and the Agency for
31 Workforce Innovation, shall offer performance-based incentive
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1 bonuses as a component of the Passport to Economic Progress
2 demonstration program in the areas of the state which are
3 designated for the demonstration program. The bonuses do not
4 represent a program entitlement and shall be contingent on
5 achieving specific benchmarks prescribed in the
6 self-sufficiency plan. If the funds appropriated for this
7 purpose are insufficient to provide this financial incentive,
8 the board of directors of Workforce Florida, Inc., shall
9 reduce or suspend the bonuses in order not to exceed the
10 appropriation.
11 (5) WAGE SUPPLEMENTATION.--
12 (a) The Legislature finds that:
13 1. There are former recipients of temporary cash
14 assistance who are working full time but whose incomes are
15 below the federal poverty level.
16 2. Having incomes below the federal poverty level
17 makes such individuals particularly vulnerable to reliance on
18 public assistance despite their best efforts to achieve or
19 maintain economic independence through employment.
20 3. It is necessary to supplement the wages of such
21 individuals for a limited period of time in order to assist
22 them in fulfilling the transition to economic
23 self-sufficiency.
24 (b) Workforce Florida, Inc., in cooperation with the
25 Department of Children and Family Services and the Agency for
26 Workforce Innovation, shall create a transitional wage
27 supplementation program by November 1, 2001, as a component of
28 the Passport to Economic Progress demonstration program in the
29 areas designated for the demonstration program. This wage
30 supplementation program does not constitute an entitlement to
31 wage supplementation. If funds appropriated are insufficient
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1 to provide wage supplementation, the board of directors of
2 Workforce Florida, Inc., may limit wage supplementation or
3 otherwise establish priorities for wage supplementation.
4 (c) To be eligible for an incentive bonus wage
5 supplementation under this subsection, an individual must:
6 1. Be a former recipient of temporary cash assistance
7 who last received such assistance on or after January 1, 2000;
8 2. Be employed full time, which for the purposes of
9 this subsection means employment averaging at least 32 hours
10 per week, until the United States Congress enacts legislation
11 reauthorizing the Temporary Assistance for Needy Families
12 block grant and, after the reauthorization, means employment
13 complying with the employment requirements of the reauthorized
14 law; and
15 3. Have an average family income for the 6 months
16 preceding the date of application for an incentive bonus wage
17 supplementation which is less than 100 percent of the federal
18 poverty level.
19 (d) Workforce Florida, Inc., shall determine the
20 schedule for the payment of wage supplementation under this
21 subsection. An individual eligible for wage supplementation
22 under this subsection may receive a payment that equals the
23 amount necessary to bring the individual's total family income
24 for the period covered by the payment to 100 percent of the
25 federal poverty level. An individual may not receive wage
26 supplementation payments for more than a total of 12 months.
27 (e) The wage supplementation program authorized by
28 this subsection shall be administered through the regional
29 workforce boards and the one-stop delivery system, under
30 policy guidelines, criteria, and applications developed by
31 Workforce Florida, Inc., in cooperation with the Department of
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1 Children and Family Services and the Agency for Workforce
2 Innovation. To the maximum extent possible, the regional
3 workforce boards shall use electronic debit card technologies
4 to provide wage supplementation payments under this program.
5 (5)(6) EVALUATIONS AND RECOMMENDATIONS.--Workforce
6 Florida, Inc., in conjunction with the Department of Children
7 and Family Services, the Agency for Workforce Innovation, and
8 the regional workforce boards in the areas designated for this
9 demonstration program, shall conduct a comprehensive
10 evaluation of the effectiveness of the demonstration program
11 operated under this section. By January 1, 2005 2003,
12 Workforce Florida, Inc., shall submit a report on such
13 evaluation to the Governor, the President of the Senate, and
14 the Speaker of the House of Representatives. The report must
15 include recommendations as to whether the demonstration
16 program should be expanded to other service areas or statewide
17 and whether the program should be revised to enhance its
18 administration or effectiveness.
19 (6)(7) CONFLICTS.--If there is a conflict between the
20 implementation procedures described in this section and
21 federal requirements and regulations, federal requirements and
22 regulations shall control.
23 Section 79. The amendment of section 445.048, Florida
24 Statutes, by this act shall expire on July 1, 2004, and the
25 text of that section shall revert to that in existence on June
26 30, 2003, except that any amendments to such text enacted
27 other than by this act shall be preserved and continue to
28 operate to the extent that such amendments are not dependent
29 upon the portions of such text which expire pursuant to the
30 provisions of this act.
31 Section 80. In order to implement Specific
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1 Appropriation 2315E of the 2003-2004 General Appropriations
2 Act, and notwithstanding section 14 of chapter 93-187, Laws of
3 Florida, sections 288.9511, 288.9515, and 288.9517, Florida
4 Statutes, relating to technology development activities of
5 Enterprise Florida, Inc., shall not stand repealed on December
6 31, 2003, as scheduled by such chapter law, but are repealed
7 on July 1, 2004.
8 Section 81. In order to implement Specific
9 Appropriations 2315F, 2315L, and 2315M of the 2003-2004
10 General Appropriations Act, subsection (6) is added to section
11 376.875, Florida Statutes, to read:
12 376.875 Brownfield Property Ownership Clearance
13 Assistance Revolving Loan Trust Fund.--
14 (6) For the 2003-2004 fiscal year only, and
15 notwithstanding the provisions of subsection (1), moneys in
16 the Brownfield Property Ownership Clearance Assistance
17 Revolving Loan Trust Fund may also be used for the purpose of
18 funding military base protection activities or rural defense
19 fixed capital outlay infrastructure grants as provided in the
20 General Appropriations Act. This subsection expires July 1,
21 2004.
22 Section 82. In order to implement Specific
23 Appropriation 2286AP, of the 2003-2004 General Appropriations
24 Act:
25 (1) The Chief Financial Officer shall provide to the
26 Legislature detailed information on all costs of court-related
27 services provided by the counties for the county fiscal year
28 that ended September 30, 2002. The required information must
29 be provided to the Chief Financial Officer by the clerks of
30 the court, or the appropriate county officer in counties where
31 the clerk of the court is not the county's chief financial
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1 officer, in such manner as is prescribed by the Chief
2 Financial Officer and subject to reporting deadlines
3 prescribed by the Chief Financial Officer. The clerks of the
4 court, state attorneys, public defenders, court
5 administrators, boards of county commissioners, and sheriffs
6 must provide such assistance to the Chief Financial Officer in
7 gathering the necessary cost data as is requested by the Chief
8 Financial Officer. The Legislative Committee on
9 Intergovernmental Relations also shall assist in gathering and
10 assessing the cost data and provide technical assistance as
11 requested by the Chief Financial Officer. The Auditor General
12 shall provide technical advice with respect to the gathering
13 and analysis of the cost data.
14 (2) Cost information shall be reported to the Chief
15 Financial Officer at the transaction code level and, for
16 specific transaction codes specified by the Chief Financial
17 Officer, object and sub-object level, as set forth in the
18 Uniform Accounting System Manual developed by the Chief
19 Financial Officer pursuant to section 218.33, Florida
20 Statutes. In addition, costs must be reported for such
21 specific programs or purposes categories as are determined
22 necessary by the Chief Financial Officer. Cost information
23 provided for such programs or purposes includes identification
24 of the specific account classifications within the Uniform
25 Accounting System Manual to which the costs were recorded. The
26 clerks of the court, or the appropriate county officer in
27 counties where the clerk of the court is not the county's
28 chief financial officer, must reconcile the cost information
29 provided to the Chief Financial Officer with the Annual
30 Financial Report, which is required by section 218.32, Florida
31 Statutes. The clerks of the court must provide the Chief
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1 Financial Officer with written certification, signed by the
2 clerks of the court, state attorneys, public defenders, court
3 administrators, boards of county commissions' chairpersons,
4 and sheriffs attesting to the accuracy of the cost
5 information.
6 (3) The Chief Financial Officer shall reimburse
7 individuals for travel costs incurred as a result of
8 participation in the gathering and analysis of the cost data
9 from funds specifically appropriated for such purpose.
10 (4) The Chief Financial Officer shall provide a report
11 to the chairs of the Senate and House of Representatives
12 appropriations committees no later than November 1, 2003,
13 summarizing the court-related cost information submitted by
14 the clerks of the court.
15 Section 83. In order to implement Specific
16 Appropriations 835, 836, 870, 872, 880, 882, 890, 900, and 902
17 of the 2003-2004 General Appropriations Act, subsection (4) is
18 added to section 413.4021, Florida Statutes, to read:
19 413.4021 Pilot program participant county selection;
20 tax collection enforcement diversion program.--The Department
21 of Revenue, in coordination with the Florida Association of
22 Centers for Independent Living and the Florida Prosecuting
23 Attorneys Association, shall select four counties in which to
24 operate the pilot program. The association and the state
25 attorneys' offices in Duval County and the four pilot program
26 counties shall develop and implement a tax collection
27 enforcement diversion program, which shall collect revenue due
28 from persons who have not remitted their collected sales tax.
29 The criteria for referral to the tax collection enforcement
30 diversion program shall be determined cooperatively between
31 the state attorneys' offices in those counties and the
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1 Department of Revenue.
2 (4) For the 2003-2004 fiscal year only and
3 notwithstanding the provisions of subsection (1), 50 percent
4 of the revenues collected from the tax collection enforcement
5 diversion program shall be deposited into the operating
6 account of the Florida Endowment Foundation for Vocational
7 Rehabilitation, to be used to implement the personal care
8 attendant pilot program and to contract with the state
9 attorneys participating in the tax collection enforcement
10 diversion program in an amount of not more than $50,000 for
11 each state attorney. This subsection expires July 1, 2004.
12 Section 84. In order to implement Specific
13 Appropriation 818 of the 2003-2004 General Appropriations Act,
14 section 27.701, Florida Statutes, is amended to read:
15 27.701 Capital collateral regional counsels.--
16 (1) There are created three regional offices of
17 capital collateral counsel, which shall be located in a
18 northern, middle, and southern region of the state. The
19 northern region shall consist of the First, Second, Third,
20 Fourth, Eighth, and Fourteenth Judicial Circuits; the middle
21 region shall consist of the Fifth, Sixth, Seventh, Ninth,
22 Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits;
23 and the southern region shall consist of the Eleventh,
24 Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth
25 Judicial Circuits. Each regional office shall be administered
26 by a regional counsel. A regional counsel must be, and must
27 have been for the preceding 5 years, a member in good standing
28 of The Florida Bar or a similar organization in another state.
29 Each capital collateral regional counsel shall be appointed by
30 the Governor, and is subject to confirmation by the Senate.
31 The Supreme Court Judicial Nominating Commission shall
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1 recommend to the Governor three qualified candidates for each
2 appointment as regional counsel. The Governor shall appoint a
3 regional counsel for each region from among the
4 recommendations, or, if it is in the best interest of the fair
5 administration of justice in capital cases, the Governor may
6 reject the nominations and request submission of three new
7 nominees by the Supreme Court Judicial Nominating Commission.
8 Each capital collateral regional counsel shall be appointed to
9 a term of 3 years. Vacancies in the office of capital
10 collateral regional counsel shall be filled in the same manner
11 as appointments. A person appointed as a regional counsel may
12 not run for or accept appointment to any state office for 2
13 years following vacation of office.
14 (2) For the 2003-2004 fiscal year only and
15 notwithstanding the provisions of subsection (1), the
16 responsibilities of the regional office of capital collateral
17 counsel for the northern region of the state shall be met
18 through a pilot program using only attorneys from the registry
19 of attorneys maintained pursuant to s. 27.710. Each attorney
20 participating in the pilot must be qualified to provide
21 representation in federal court. The Auditor General shall
22 present a status report on the implementation of the pilot
23 program to the President of the Senate and the Speaker of the
24 House of Representatives by February 27, 2004. The Auditor
25 General shall also schedule a performance review of the pilot
26 program to determine the effectiveness and efficiency of using
27 attorneys from the registry compared to the capital collateral
28 regional counsels. The review, at a minimum, shall include
29 comparisons of the timeliness and costs of the pilot and the
30 counsels and shall be submitted to the President of the Senate
31 and the Speaker of the House of Representatives by January 30,
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1 2007. This subsection expires July 1, 2004.
2 Section 85. In order to implement Specific
3 Appropriation 818 of the 2003-2004 General Appropriations Act,
4 paragraphs (a) and (c) of subsection (2) of section 27.709,
5 Florida Statutes, are amended to read:
6 27.709 Commission on Capital Cases.--
7 (2)(a) The commission shall review the administration
8 of justice in capital collateral cases, receive relevant
9 public input, review the operation of the capital collateral
10 regional counsel and private counsel appointed pursuant to ss.
11 27.710 and 27.711, and advise and make recommendations to the
12 Governor, Legislature, and Supreme Court.
13 (c) In addition, the commission shall receive
14 complaints regarding the practice of any office of regional
15 counsel and private counsel appointed pursuant to ss. 27.710
16 and 27.711 and shall refer any complaint to The Florida Bar,
17 the State Supreme Court, or the Commission on Ethics, as
18 appropriate.
19 Section 86. The amendment of section 27.709, Florida
20 Statutes, by this act shall expire on July 1, 2004, and the
21 text of that section shall revert to that in existence on June
22 30, 2003, except that any amendments to such text enacted
23 other than by this act shall be preserved and continue to
24 operate to the extent that such amendments are not dependent
25 upon the portions of such text which expire pursuant to the
26 provisions of this act.
27 Section 87. In order to implement Specific
28 Appropriation 818 of the 2003-2004 General Appropriations Act,
29 subsections (3) and (9) of section 27.711, Florida Statutes,
30 are amended, and subsection (14) is added to that section, to
31 read:
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1 27.711 Terms and conditions of appointment of
2 attorneys as counsel in postconviction capital collateral
3 proceedings.--
4 (3) An attorney appointed to represent a capital
5 defendant is entitled to payment of the fees set forth in this
6 section only upon full performance by the attorney of the
7 duties specified in this section and approval of payment by
8 the trial court, and the submission of a payment request by
9 the attorney, subject to the availability of sufficient
10 funding specifically appropriated for this purpose. An
11 attorney may not be compensated under this section for work
12 performed by the attorney before July 1, 2003, while employed
13 by the northern regional office of the capital collateral
14 counsel. The Comptroller shall notify the executive director
15 and the court if it appears that sufficient funding has not
16 been specifically appropriated for this purpose to pay any
17 fees which may be incurred. The attorney shall maintain
18 appropriate documentation, including a current and detailed
19 hourly accounting of time spent representing the capital
20 defendant. The fee and payment schedule in this section is the
21 exclusive means of compensating a court-appointed attorney who
22 represents a capital defendant. When appropriate, a
23 court-appointed attorney must seek further compensation from
24 the Federal Government, as provided in 18 U.S.C. s. 3006A or
25 other federal law, in habeas corpus litigation in the federal
26 courts.
27 (9) An attorney may not represent more than five
28 capital defendants in capital postconviction litigation at any
29 one time.
30 (14) Each attorney participating in the pilot program
31 in the northern region pursuant to s. 27.701(2), as a
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1 condition of payment pursuant to this section, shall report on
2 the performance measures adopted by the Legislature for the
3 capital collateral regional counsels.
4 Section 88. The amendment of section 27.711, Florida
5 Statutes, by this act shall expire on July 1, 2004, and the
6 text of that section shall revert to that in existence on June
7 30, 2003, except that any amendments to such text enacted
8 other than by this act shall be preserved and continue to
9 operate to the extent that such amendments are not dependent
10 upon the portions of such text which expire pursuant to the
11 provisions of this act.
12 Section 89. In order to implement Specific
13 Appropriation 818 of the 2003-2004 General Appropriations Act,
14 paragraph (b) of subsection (4) of section 27.702, Florida
15 Statutes, is amended to read:
16 27.702 Duties of the capital collateral regional
17 counsel; reports.--
18 (4)
19 (b) Each capital collateral regional counsel and each
20 attorney participating in the pilot program in the northern
21 region pursuant to s. 27.701(2) shall provide a quarterly
22 report to the President of the Senate, the Speaker of the
23 House of Representatives, and the Commission on Capital Cases
24 which details the number of hours worked by investigators and
25 legal counsel per case and the amounts per case expended
26 during the preceding quarter in investigating and litigating
27 capital collateral cases.
28 Section 90. The amendment of section 27.702, Florida
29 Statutes, by this act shall expire on July 1, 2004, and the
30 text of that section shall revert to that in existence on June
31 30, 2003, except that any amendments to such text enacted
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1 other than by this act shall be preserved and continue to
2 operate to the extent that such amendments are not dependent
3 upon the portions of such text which expire pursuant to the
4 provisions of this act.
5 Section 91. In order to implement Specific
6 Appropriations 819A-819D of the 2003-2004 General
7 Appropriations Act, paragraph (b) of subsection (2) of section
8 1 of enrolled House Bill 439 from the 2003 regular legislative
9 session and subsection (2) of section 2 of that bill are
10 amended to read:
11 Section 1. Statewide Guardian Ad Litem Office;
12 legislative findings and intent; creation; appointment of
13 executive director; duties of office.--
14 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.--There is
15 created a Statewide Guardian Ad Litem Office within the
16 Justice Administrative Commission. The Justice Administrative
17 Commission shall provide administrative support and service to
18 the office to the extent requested by the executive director
19 within the available resources of the commission. The
20 Statewide Guardian Ad Litem Office shall not be subject to
21 control, supervision, or direction by the Justice
22 Administrative Commission in the performance of its duties.
23 (b) The Statewide Guardian Ad Litem Office shall,
24 within available resources, have oversight responsibilities
25 for and provide technical assistance to all guardian ad litem
26 and attorney ad litem programs located within the judicial
27 circuits.
28 1. The office shall identify the resources required to
29 implement methods of collecting, reporting, and tracking
30 reliable and consistent case data.
31 2. The office shall review the current guardian ad
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1 litem programs in Florida and other states.
2 3. The office, in consultation with local guardian ad
3 litem offices, shall develop statewide performance measures
4 and standards.
5 4. The office shall develop a guardian ad litem
6 training program. The office shall establish a curriculum
7 committee to develop the training program specified in this
8 subparagraph. The curriculum committee shall include, but not
9 be limited to, dependency judges, directors of circuit
10 guardian ad litem programs, active certified guardians ad
11 litem, a mental health professional who specializes in the
12 treatment of children, a member of a child advocacy group, a
13 representative of the Florida Coalition Against Domestic
14 Violence, and a social worker experienced in working with
15 victims and perpetrators of child abuse.
16 5. The office shall review the various methods of
17 funding guardian ad litem programs, shall maximize the use of
18 those funding sources to the extent possible, and shall review
19 the kinds of services being provided by circuit guardian ad
20 litem programs.
21 6. The office shall continue the attorney ad litem
22 demonstration projects through at least October 1, 2004, and
23 may conduct or contract for other demonstration projects,
24 within funds appropriated or through gifts, grants, or
25 contributions for such purposes, to determine the feasibility
26 or desirability of new concepts of organization,
27 administration, financing, or service delivery designed to
28 preserve the civil and constitutional rights and fulfill other
29 needs of dependent children.
30 7. No later than October 1, 2004, the office shall
31 submit to the Governor, the President of the Senate, the
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1 Speaker of the House of Representatives, and the Chief Justice
2 of the Supreme Court an interim report describing the progress
3 of the office in meeting the goals as described in this
4 section. No later than October 1, 2004, the office shall
5 submit to the Governor, the President of the Senate, the
6 Speaker of the House of Representatives, and the Chief Justice
7 of the Supreme Court a proposed plan including alternatives
8 for meeting the state's guardian ad litem and attorney ad
9 litem needs. This plan may include recommendations for less
10 than the entire state, may include a phase-in system, and
11 shall include estimates of the cost of each of the
12 alternatives. Each year thereafter, the office shall provide a
13 status report and provide further recommendations to address
14 the need for guardian ad litem services and related issues.
15 Section 2. Transfer of existing programs.--
16 (1) The pilot program for attorneys ad litem for
17 dependent children established in s. 39.4086, Florida
18 Statutes, shall be transferred from the State Courts System to
19 the Statewide Guardian Ad Litem Office within the Justice
20 Administrative Commission. The Statewide Guardian Ad Litem
21 Office shall submit the final report required by s.
22 39.4086(2)(h), Florida Statutes, by October 1, 2004.
23 (2) All funds and positions associated with the
24 Guardian Ad Litem Program within the State Courts System are
25 transferred by a type two transfer, pursuant to s. 20.06(2),
26 Florida Statutes, to the Statewide Guardian Ad Litem Office
27 within the Justice Administrative Commission on January 1,
28 2004, except that up to $35,000 and one full-time equivalent
29 position shall be transferred to the Justice Administrative
30 Commission effective October 1, 2003 2004, to pay for the
31 salary and expenses of an executive director.
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1 Section 92. 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 93. 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 94. (1) 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 May 12, 2003, and filed with the Secretary of
22 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 (2) For the Department of Environmental Protection,
31 the approved performance measures incorporated by reference
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1 for the 2003-2004 Fiscal Year shall be those revised
2 activity-based measures developed by the department pursuant
3 to its Fiscal Year 2002-2003 review of approved activities and
4 measures. Such revised activities and measures shall be
5 incorporated into the department's Long-Range Program Plan for
6 Fiscal Years 2004-2005 to 2008-2009 and shall be used as the
7 basis for all activity references and performance measurement
8 exhibits required in the department's Legislative Budget
9 Request for the Fiscal Year 2004-2005. Current performance
10 standards shall be retained where applicable. Standards shall
11 be proposed in June 2004 and adopted for Fiscal Year
12 2004-2005, based upon Fiscal Year 2003-2004 performance data
13 for measures without current performance standards. As of July
14 1, 2003, expenditure data will be entered into the Florida
15 Accounting Information Resource system at the revised activity
16 level.
17 Section 95. If any law that is amended by this act was
18 also amended by a law enacted at the 2003 Regular Session of
19 the Legislature, such laws shall be construed as if they had
20 been enacted during the same session of the Legislature, and
21 full effect should be given to each if that is possible.
22 Section 96. If any provision of this act or its
23 application to any person or circumstance is held invalid, the
24 invalidity does not affect other provisions or applications of
25 the act which can be given effect without the invalid
26 provision or application, and to this end the provisions of
27 this act are severable.
28 Section 97. Except as otherwise expressly provided in
29 this act, this act shall take effect July 1, 2003; or, if this
30 act fails to become a law until after that date, it shall take
31 effect upon becoming a law and shall operate retroactively to
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Amendment No. __ Barcode 124994
1 July 1, 2003.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act implementing the 2003-2004 General
11 Appropriations Act; providing legislative
12 intent; providing accounting requirements for
13 the state universities for the 2003-2004 fiscal
14 year; authorizing school districts to use funds
15 received pursuant to ss. 206.41(4)(e) and
16 206.625, F.S., for student transportation
17 services; authorizing the Department of
18 Education to conduct a pilot program for school
19 districts to purchase used instructional
20 materials from third-party vendors; amending s.
21 17.076, F.S.; providing an exception to a
22 public records exemption; amending s. 112.215,
23 F.S.; including employees of state university
24 boards of trustees in the definition of
25 "employee" for purposes of the deferred
26 compensation program; amending s. 287.064,
27 F.S.; authorizing state universities to
28 continue to participate in the consolidated
29 equipment financing program; amending s.
30 440.38, F.S.; including state universities as
31 self-insurers for purposes of workers'
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1 compensation; creating s. 1010.10, F.S.;
2 creating the Florida Uniform Management of
3 Institutional Funds Act; providing definitions;
4 providing for expenditure of endowment funds by
5 a governing board; providing for a standard of
6 conduct; providing investment authority;
7 providing for delegation of investment
8 management; providing for investment costs;
9 providing for uniformity of application and
10 construction; providing for a demonstration
11 project at Florida Agricultural and Mechanical
12 University; renaming Chipola Junior College and
13 Miami-Dade Community College; providing for a
14 transfer of certain lands from the University
15 of Florida to Florida Atlantic University;
16 amending s. 1011.71, F.S.; allowing school
17 boards to make payments toward the cost of
18 school buses owned by certain student
19 transportation contract providers; providing
20 requirements; requiring grant funds
21 appropriated for districts with high growth in
22 student enrollment to be awarded to districts
23 that meet specified criteria; providing a
24 methodology for calculating grants; amending
25 ss. 430.204 and 430.205, F.S.; requiring the
26 Department of Elderly Affairs to fund certain
27 community care services and core services for
28 the elderly; amending s. 216.292, F.S.;
29 authorizing the Department of Children and
30 Family Services to transfer funds within the
31 family safety program; amending s. 561.121,
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Amendment No. __ Barcode 124994
1 F.S.; providing that moneys in the Children and
2 Adolescents Substance Abuse Trust Fund may also
3 be used for the purpose of funding programs
4 directed at reducing and eliminating substance
5 abuse problems among adults; amending s.
6 381.0066, F.S.; continuing the additional fee
7 on new construction permits for onsite sewage
8 treatment and disposal systems the proceeds of
9 which are used for system research,
10 demonstration, and training projects; amending
11 s. 385.207, F.S.; authorizing appropriation of
12 funds in the Epilepsy Services Trust Fund for
13 epilepsy case management services; amending s.
14 409.1671, F.S.; requiring that funds for
15 privatized foster care and related services be
16 allocated in accordance with a methodology
17 adopted by the Department of Children and
18 Family Services by rule and granting rulemaking
19 authority for such purpose; providing for lump
20 sum funding in the Department of Children and
21 Family Services to provide for continuity of
22 foster care under certain circumstances;
23 amending s. 394.908, F.S.; providing for
24 substance abuse and mental health funding
25 equity as provided in the General
26 Appropriations Act; amending s. 20.19, F.S.;
27 requiring specific authority for transfer of
28 funds by the Department of Children and Family
29 Services; amending s. 381.79, F.S.; providing
30 conditions for disbursement of funds
31 appropriated for brain and spinal cord injury
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Amendment No. __ Barcode 124994
1 research; amending s. 216.181, F.S.;
2 authorizing the Department of Law Enforcement
3 to transfer positions and associated budgets
4 and a certain percentage of salary rate between
5 budget entities and providing requirements with
6 respect thereto; authorizing the Correctional
7 Privatization Commission to make certain
8 expenditures to defray costs incurred by a
9 municipality or county as a result of opening
10 or operating a facility under authority of the
11 commission or the Department of Juvenile
12 Justice; amending s. 16.555, F.S.; authorizing
13 use of the Crime Stoppers Trust Fund to pay for
14 salaries and benefits and other expenses of the
15 Department of Legal Affairs; amending s.
16 985.4075, F.S.; prohibiting the use of juvenile
17 justice appropriations made for operations as
18 one-time startup funding for fixed capital
19 outlay; amending s. 216.262, F.S.; providing
20 for additional positions to operate additional
21 prison bed capacity under certain
22 circumstances; authorizing the Department of
23 Law Enforcement to use certain moneys to
24 provide bonuses to employees for meritorious
25 performance, subject to review; amending s.
26 932.7055, F.S.; allowing municipal special law
27 enforcement trust funds to be used to reimburse
28 certain loans from municipalities; amending s.
29 287.161, F.S.; requiring the Department of
30 Management Services to charge all persons
31 receiving transportation from the executive
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Amendment No. __ Barcode 124994
1 aircraft pool a specified rate; amending s.
2 110.12315, F.S.; providing copayment
3 requirements for the state employees'
4 prescription drug program; amending ss.
5 121.1115, 121.1122, F.S., relating to purchase
6 of retirement credits; permitting purchase of
7 additional years of out-of-state and federal
8 service not aggregated with certain in-state
9 service; establishing the rate of increase for
10 legislative salaries; providing for the budget
11 of the Council for Education Policy Research
12 and Improvement to be administered by the
13 Auditor General; providing that the council is
14 otherwise independent; authorizing the
15 Executive Office of the Governor to transfer
16 funds between departments for purposes of
17 aligning amounts paid for risk management
18 premiums and for purposes of aligning amounts
19 paid for human resource management services;
20 amending s. 110.1239, F.S.; providing
21 requirements for the funding of the state group
22 health insurance program; amending s. 112.061,
23 F.S.; providing for computation of travel time
24 and reimbursement for public officers' and
25 employees' travel; amending s. 468.404, F.S.;
26 requiring talent agency license fees equal to
27 costs of regulation; amending s. 378.035, F.S.;
28 permitting expenditure of moneys appropriated
29 for abatement of imminent hazards caused by,
30 and for closure of, abandoned phosphogypsum
31 stacks; amending s. 215.96, F.S.; requiring the
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Bill No. SB 4-A
Amendment No. __ Barcode 124994
1 Financial Management Information Board to
2 provide certain policies, procedures, and
3 processes for integration of central
4 administrative and financial information
5 systems; requiring a task force; specifying
6 membership and responsibilities; requiring
7 recommendations on specific information systems
8 and projects; amending s. 601.15, F.S.;
9 permitting the Florida Citrus Commission to
10 reduce certain statutory citrus tax rates by
11 majority vote; amending s. 372.561, F.S.;
12 permitting counties to retain certain hunting
13 and fishing fees until the Fish and Wildlife
14 Conservation Commission implements an automated
15 licensing system; amending s. 376.86, F.S.;
16 revising certain restrictions on investing
17 funds maintained in the Nonmandatory Land
18 Reclamation Trust Fund; providing for a
19 schedule for legislative review of the
20 Brownfield Areas Loan Guarantee Program;
21 providing for future repeal or expiration;
22 amending s. 581.184, F.S.; requiring notice to
23 the property owner of the removal of infected
24 citrus trees or citrus trees exposed to
25 infection; amending s. 581.1845, F.S.; revising
26 eligibility for compensation of homeowners
27 under the citrus canker eradication program;
28 prescribing the amount of compensation for
29 trees taken in the citrus canker eradication
30 program; amending s. 253.025, F.S.; providing
31 that the use of funds allocated to the
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Bill No. SB 4-A
Amendment No. __ Barcode 124994
1 Relocation and Construction Trust Fund shall be
2 as provided in the General Appropriations ACt;
3 amending s. 570.544, F.S.; reducing consumer
4 complaint processing responsibilities of the
5 Division of Consumer Services of the Department
6 of Agriculture and Consumer Services; amending
7 ss. 526.3135, 559.921, F.S., to conform;
8 amending s. 259.105, F.S.; permitting an
9 additional allocation of Florida Forever moneys
10 appropriated for water management districts;
11 directing the Department of Environmental
12 Protection to make specified awards of grant
13 moneys for pollution control purposes;
14 providing for an agreement between the
15 Department of Agriculture and Consumer Services
16 and the Department of Transportation for the
17 construction of an agricultural interdiction
18 station in Escambia County; prohibiting the
19 Department of Business and Professional
20 Regulation and the Florida Engineers Management
21 Corporation from taking actions against certain
22 persons; amending s. 195.022, F.S.; limiting
23 the responsibility of the Department of Revenue
24 to furnish certain ad valorem tax forms to
25 specified local officials; requiring certain
26 counties to reproduce the forms; amending s.
27 252.373, F.S.; providing for use of funds of
28 the Emergency Management, Preparedness, and
29 Assistance Trust Fund, including the use of
30 certain funds as state matching funds for
31 federally approved Hazard Mitigation Grant
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Bill No. SB 4-A
Amendment No. __ Barcode 124994
1 Program projects; amending s. 402.3017, F.S.;
2 providing for administration of the Teacher
3 Education and Compensation Helps (TEACH)
4 scholarship program by the Agency for Workforce
5 Innovation; amending s. 411.01, F.S.; providing
6 priority for placement of children in the
7 school readiness program; amending s. 288.063,
8 F.S.; providing for funds for certain
9 transportation projects approved by the Office
10 of Tourism, Trade, and Economic Development to
11 be subject to reversion; amending s. 320.08058,
12 F.S.; authorizing proceeds from the
13 Professional Sports Development Trust Fund to
14 be used for operational expenses of the Florida
15 Sports Foundation and financial support of the
16 Sunshine State Games; amending s. 339.08, F.S.;
17 transferring $200 million from the State
18 Transportation Trust Fund to the General
19 Revenue Fund; reducing the amount transferred
20 from certain transportation calculation
21 requirements; amending s. 445.048, F.S.;
22 continuing and expanding the Passport to
23 Economic Progress demonstration project;
24 postponing the repeal of ss. 288.9511,
25 288.9515, 288.9517, F.S., relating to
26 technology development activities of Enterprise
27 Florida, Inc.; amending s. 376.875, F.S.;
28 providing additional uses of the Brownfield
29 Property Ownership Clearance Assistance
30 Revolving Loan Trust Fund; requiring the Chief
31 Financial Officer to report on costs of
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Bill No. SB 4-A
Amendment No. __ Barcode 124994
1 court-related services provided by the
2 counties; providing specific requirements;
3 providing for reimbursement of certain
4 expenses; amending s. 413.4021, F.S.; requiring
5 additional revenues from the tax collection
6 enforcement diversion program to be used for
7 the personal care attendant pilot program and
8 for state attorney contracts; amending s.
9 27.701, F.S.; providing for a pilot program
10 using a registry of attorneys instead of the
11 capital collateral regional counsel in the
12 northern region of the state; requiring certain
13 qualification; requiring a report; amending s.
14 27.709, F.S.; expanding the jurisdiction of the
15 Commission on Capital Cases; amending s.
16 27.711, F.S.; providing for compensation of
17 counsel in the pilot program; providing for
18 limitations on such counsel; amending s.
19 27.702, F.S.; requiring reports from attorneys
20 participating in the pilot program; amending
21 enrolled House Bill 439 from the 2003 Regular
22 Session; repealing certain authority for
23 attorney ad litem demonstration projects;
24 transferring a position on an earlier date;
25 providing for the effect of a veto of a
26 specific appropriation or proviso to which
27 implementing provisions refer; providing
28 applicability to other legislation;
29 incorporating by reference specified
30 performance measures and standards directly
31 linked to the appropriations made in the
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CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 4-A
Amendment No. __ Barcode 124994
1 2003-2004 General Appropriations Act, as
2 required by the Government Performance and
3 Accountability Act of 1994, including measures
4 and standards specifically applicable to the
5 Department of Environmental Protection;
6 providing for construction of the act in pari
7 materia with laws enacted during the Regular
8 Session of the Legislature; providing for
9 severability; providing for retroactive
10 application; providing effective dates.
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