HOUSE AMENDMENT |
Bill No. SB 4A |
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CHAMBER ACTION |
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Representative Kyle offered the following: |
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Amendment (with directory and title amendments) |
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Remove everything after the enacting clause, and insert: |
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Section 1. It is the intent of the Legislature that the |
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implementing and administering provisions of this act apply to |
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the General Appropriations Act for fiscal year 2003-2004. |
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Section 2. In order to implement Specific Appropriations |
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7-11, 123-128, and 130 of the 2003-2004 General Appropriations |
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Act:
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(1) Effective July 1, 2003, each university that has not |
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made the transition from the state accounting system (FLAIR) |
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shall utilize the state accounting system for fiscal year 2003- |
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2004 but is not required to provide funds to the Department of |
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Financial Services for its utilization.
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(2) Notwithstanding the provisions of ss. 216.181, |
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216.292, and 1011.4105, Florida Statutes, and pursuant to s. |
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216.351, Florida Statutes, funds appropriated or reappropriated |
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to the state universities in the 2003-2004 General |
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Appropriations Act, or any other act passed by the 2003 |
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Legislature containing appropriations, shall be distributed to |
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each university according to the 2003-2004 fiscal year operating |
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budget approved by the university board of trustees. Each |
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university board of trustees shall have authority to amend the |
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operating budget as circumstances warrant. The operating budget |
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may utilize traditional appropriation categories or it may |
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consolidate the appropriations into a special category |
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appropriation account. The Chief Financial Officer, upon the |
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request of the university board of trustees, shall record by |
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journal transfer the distribution of the appropriated funds and |
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releases according to the approved operating budget to the |
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appropriation accounts established for disbursement purposes for |
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each university within the state accounting system (FLAIR).
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(3) Notwithstanding the provisions of ss. 216.181, |
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216.292, 1004.22, and 1011.4105, Florida Statutes, and pursuant |
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to s. 216.351, Florida Statutes, each university board of |
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trustees shall include in an approved operating budget the |
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revenue in trust funds supported by student and other fees as |
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well as the trust funds within the Contract, Grants, and |
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Donations, Auxiliary Enterprises, and Sponsored Research budget |
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entities. The university board of trustees shall have the |
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authority to amend the operating budget as circumstances |
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warrant. The operating budget may utilize traditional |
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appropriation categories or it may consolidate the trust fund |
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spending authority into a special category appropriation |
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account. The Chief Financial Officer, upon the request of the |
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university board of trustees, shall record the distribution of |
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the trust fund spending authority and releases according to the |
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approved operating budget to the appropriation accounts |
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established for disbursement purposes for each university within |
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the state accounting system (FLAIR).
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(4) This section expires July 1, 2004. |
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Section 3. In order to implement Specific Appropriations |
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426-441 of the 2003-2004 General Appropriations Act, paragraph |
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(b) of subsection (1) of section 430.204, Florida Statutes, is |
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amended to read: |
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430.204 Community-care-for-the-elderly core services; |
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departmental powers and duties.-- |
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(1) |
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(b) For fiscal year 2003-20042002-2003only, the |
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department shall fund, through each area agency on aging in each |
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county as defined in s. 125.011(1), more than one community care |
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service system the primary purpose of which is the prevention of |
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unnecessary institutionalization of functionally impaired |
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elderly persons through the provision of community-based core |
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services. This paragraph expires July 1, 20042003. |
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Section 4. In order to implement Specific Appropriations |
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426-441 of the 2003-2004 General Appropriations Act, paragraph |
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(b) of subsection (1) of section 430.205, Florida Statutes, is |
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amended to read: |
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430.205 Community care service system.-- |
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(1) |
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(b) For fiscal year 2003-20042002-2003only, the |
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department shall fund, through the area agency on aging in each |
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county as defined in s. 125.011(1), more than one community care |
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service system that provides case management and other in-home |
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and community services as needed to help elderly persons |
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maintain independence and prevent or delay more costly |
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institutional care. This paragraph expires July 1, 20042003. |
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Section 5. In order to implement Specific Appropriations |
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274-276 of the 2003-2004 General Appropriations Act, subsection |
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(12) of section 216.292, Florida Statutes, is amended to read: |
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216.292 Appropriations nontransferable; exceptions.-- |
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(12) For the 2003-20042002-2003 fiscal year only,and |
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notwithstanding the other provisions of this section, the |
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Department of Children and Family Services may transfer funds |
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within the family safety program identified in the General |
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Appropriations Act from identical funding sources between the |
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following appropriation categories without limitation as long as |
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such a transfer does not result in an increase to the total |
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recurring general revenue or trust fund cost of the agency in |
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the subsequent fiscal year: adoption services and subsidy; |
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family foster care; and emergency shelter care. Such transfers |
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must be consistent with legislative policy and intent and must |
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not adversely affect achievement of approved performance |
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outcomes or outputs in the family safety program. Notice of |
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proposed transfers under this authority must be provided to the |
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Executive Office of the Governor and the chairs of the |
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legislative appropriations committees at least 5 working days |
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before their implementation. This subsection expires July 1, |
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20042003. |
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Section 6. In order to implement Specific Appropriation |
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357 of the 2003-2004 General Appropriations Act, subsection (4) |
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of section 561.121, Florida Statutes, is amended to read: |
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561.121 Deposit of revenue.-- |
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(4)(a)State funds collected pursuant to s. 561.501 shall |
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be paid into the State Treasury and credited to the following |
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accounts: |
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1.(a)Twenty-seven and two-tenths percent of the surcharge |
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on the sale of alcoholic beverages for consumption on premises |
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shall be transferred to the Children and Adolescents Substance |
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Abuse Trust Fund, which shall remain with the Department of |
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Children and Family Services for the purpose of funding programs |
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directed at reducing and eliminating substance abuse problems |
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among children and adolescents. |
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2.(b)The remainder of collections shall be credited to |
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the General Revenue Fund. |
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(b) For the 2003-2004 fiscal year only, and |
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notwithstanding the provisions of subparagraph (a)1., moneys in |
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the Children and Adolescents Substance Abuse Trust Fund may also |
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be used for the purpose of funding programs directed at reducing |
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and eliminating substance abuse problems among adults. This |
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paragraph expires July 1, 2004. |
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Section 7. In order to implement Specific Appropriations |
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265-268, 268B, 270A-272, and 274-277, paragraph (b) of |
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subsection (1) of section 409.1671, Florida Statutes, is amended |
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to read: |
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409.1671 Foster care and related services; |
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privatization.-- |
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(1) |
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(b) It is the intent of the Legislature that the |
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department will continue to work towards full privatization by |
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initiating the competitive procurement process in each county by |
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January 1, 2003. In order to provide for an adequate transition |
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period to develop the necessary administrative and service |
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delivery capacity in each community, the full transfer of all |
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foster care and related services must be completed statewide by |
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December 31, 2004. The department shall adopt by rule pursuant |
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to ss. 120.536(1) and 120.54 a methodology for determining and |
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transferring all available funds currently associated with the |
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services that are being furnished under contract. This |
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methodology must provide for the transfer of funds appropriated |
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and budgeted for all services and programs that have been |
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incorporated into this program, including furniture, equipment, |
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and administrative funds, to accomplish the transfer of these |
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programs. The funds appropriated for this program that are |
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distributed between the counties and the districts and to |
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community-based care providers in the state to provide child |
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protective services as contemplated in this subsection shall be |
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allocated pursuant to the terms of the rule. The rule shall |
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provide for a phased implementation of its provisions, and until |
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such time as the rule is finalized and adopted the department |
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shall allocate funds in the same proportion as the annualized |
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distribution of funds at the end of fiscal year 2002-2003. |
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Section 8. The amendment of paragraph (b) of subsection |
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(1) of s. 409.1671, Florida Statutes, by this act shall expire |
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on July 1, 2004, and the text of that paragraph shall revert to |
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that in existence on June 30, 2003, except that any amendments |
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to such text enacted other than by this act shall be preserved |
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and continue to operate to the extent that such amendments are |
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not dependent upon the portions of such text which expire |
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pursuant to the provisions of this act. |
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Section 9. In order to implement Specific Appropriation |
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269A of the 2003-2004 General Appropriations Act, subsection (7) |
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of section 409.1671, Florida Statutes, is amended to read: |
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409.1671 Foster care and related services; |
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privatization.-- |
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(7) The department, in consultation with existing lead |
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agencies, shall develop a proposal regarding the long-term use |
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and structure of a statewide shared earnings program which |
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addresses the financial risk to eligible lead community-based |
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providers resulting from unanticipated caseload growth or from |
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significant changes in client mixes or services eligible for |
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federal reimbursement. The recommendations in the statewide |
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proposal must also be available to entities of the department |
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until the conversion to community-based care takes place. At a |
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minimum, the proposal must allow for use of federal earnings |
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received from child welfare programs, which earnings are |
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determined by the department to be in excess of the amount |
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appropriated in the General Appropriations Act, to be used for |
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specific purposes. These purposes include, but are not limited |
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to: |
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(a) Significant changes in the number or composition of |
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clients eligible to receive services. |
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(b) Significant changes in the services that are eligible |
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for reimbursement. |
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(c) Significant changes in the availability of federal |
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funds. |
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(d) Shortfalls in state funds available for eligible or |
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ineligible services. |
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(e) Significant changes in the mix of available funds. |
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(f) Scheduled or unanticipated, but necessary, advances to |
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providers or other cash-flow issues. |
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(g) Proposals to participate in optional Medicaid services |
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or other federal grant opportunities. |
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(h) Appropriate incentive structures. |
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(i) Continuity of care in the event of lead agency |
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failure, discontinuance of service, or financial misconduct. |
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The department shall further specify the necessary steps to |
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ensure the financial integrity of these dollars and their |
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continued availability on an ongoing basis. The final proposal |
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shall be submitted to the Legislative Budget Commission for |
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formal adoption before December 31, 2002. If the Legislative |
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Budget Commission refuses to concur with the adoption of the |
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proposal, the department shall present its proposal in the form |
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of recommended legislation to the President of the Senate and |
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the Speaker of the House of Representatives before the |
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commencement of the next legislative session. For fiscal year |
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2003-2004 and annually thereafter, the department of Children |
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and Family Servicesmay request in its legislative budget |
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request, and the Governor may recommend, the funding necessary |
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to carry out paragraph (i) from excess federal earnings. The |
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General Appropriations Act shall include any funds appropriated |
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for this purpose in a lump sum in the departmentAdministered |
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Funds Program, which funds constitute partial security for lead |
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agency contract performance. The department shall use this |
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appropriation to offset the need for a performance bond for that |
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year after a comparison of risk to the funds available. In no |
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event shall this performance bond exceed 2.5 percent of the |
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annual contract value. The department may separately require a |
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bond to mitigate the financial consequences of potential acts of |
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malfeasance, misfeasance, or criminal violations by the |
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provider. Prior to the release of any funds in the lump sum, the |
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department shall submit a detailed operational plan, which must |
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identify the sources of specific trust funds to be used. The |
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release of the trust fund shall be subject to the notice and |
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review provisions of s. 216.177. However, the release shall not |
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require approval of the Legislative Budget Commission. |
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Section 10. The amendment of subsection (7) of s. |
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409.1671, Florida Statutes, by this act shall expire on July 1, |
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2004, and the text of that subsection shall revert to that in |
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existence on June 30, 2003, except that any amendments to such |
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text enacted other than by this act shall be preserved and |
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continue to operate to the extent that such amendments are not |
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dependent upon the portions of such text which expire pursuant |
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to the provisions of this act. |
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Section 11. In order to implement Specific Appropriations |
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324-357A of the 2003-2004 General Appropriations Act, subsection |
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(8) of section 394.908, Florida Statutes, is amended to read: |
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394.908 Substance abuse and mental health funding equity; |
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distribution of appropriations.--In recognition of the |
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historical inequity among service districts of the former |
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Department of Health and Rehabilitative Services in the funding |
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of substance abuse and mental health services, and in order to |
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rectify this inequity and provide for equitable funding in the |
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future throughout the state, the following funding process shall |
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be adhered to: |
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(8) For fiscal year 2003-20042002-2003only, and |
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notwithstanding the provisions of this section, all new funds |
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received in excess of fiscal year 2002-20032001-2002recurring |
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appropriations shall be allocated in accordance with the |
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provisions of the General Appropriations Act; however, no |
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district shall receive an allocation of recurring funds less |
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than its initial approved operating budget, plus any |
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distributions of lump sum appropriations or reductions in |
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unfunded budget, for fiscal year 2002-20032001-2002. This |
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subsection expires July 1, 20042003. |
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Section 12. In order to implement Specific Appropriation |
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415 of the 2003-2004 General Appropriations Act, for the 2003- |
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2004 fiscal year only, and notwithstanding the provisions of s. |
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287.057, Florida Statutes, the Department of Children and Family |
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Services is authorized to procure contractual services to |
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outsource the operation of the Northeast Florida State Hospital |
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with a qualified vendor with experience in operating a mental |
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health treatment facility in this state. This section expires |
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July 1, 2004.
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Section 13. In order to implement Specific Appropriation |
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519 of the 2003-2004 General Appropriations Act, paragraph (k) |
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of subsection (2) of section 381.0066, Florida Statutes, is |
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amended to read: |
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381.0066 Onsite sewage treatment and disposal systems; |
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fees.-- |
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(2) The minimum fees in the following fee schedule apply |
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until changed by rule by the department within the following |
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limits: |
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(k) Research: An additional $5 fee shall be added to each |
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new system construction permit issued during fiscal years 1996- |
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20041996-2003to be used for onsite sewage treatment and |
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disposal system research, demonstration, and training projects. |
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Five dollars from any repair permit fee collected under this |
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section shall be used for funding the hands-on training centers |
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described in s. 381.0065(3)(j). |
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The funds collected pursuant to this subsection must be |
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deposited in a trust fund administered by the department, to be |
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used for the purposes stated in this section and ss. 381.0065 |
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and 381.00655. |
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Section 14. In order to implement Specific Appropriation |
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477 of the 2003-2004 General Appropriations Act, subsection (6) |
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of section 385.207, Florida Statutes, is amended to read: |
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385.207 Care and assistance of persons with epilepsy; |
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establishment of programs in epilepsy control.-- |
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(6) For the 2003-20042002-2003fiscal year only, funds in |
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the Epilepsy Services Trust Fund may be appropriated for |
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epilepsy case management services. This subsection expires July |
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1, 20042003. |
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Section 15. Consistent with the provisions of s. 216.163, |
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Florida Statutes, in accordance with performance-based program |
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budgeting requirements, and notwithstanding the provisions of s. |
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216.181, Florida Statutes, the Department of Law Enforcement may |
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transfer up to one-half of 1 percent of the funds in Specific |
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Appropriations 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181, |
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1190, and 1195 of the 2002-2003 General Appropriations Act for |
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salary bonuses for departmental employees at the discretion of |
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the executive director, provided that such bonuses are given |
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only to selected employees for meritorious performance, instead |
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of being given as across-the-board bonuses for all employees. |
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The department, after consultation with the Executive Office of |
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the Governor, shall provide a plan to the chairs of the |
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legislative appropriations committees responsible for producing |
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the General Appropriations Act for review before awarding such |
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bonuses. This section expires July 1, 2004. |
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Section 16. In order to implement Specific Appropriations |
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1118-1201 of the 2003-2004 General Appropriations Act, |
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subsection (17) of section 216.181, Florida Statutes, is amended |
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to read: |
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216.181 Approved budgets for operations and fixed capital |
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outlay.-- |
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(17) Notwithstanding any other provision of this section |
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to the contrary, and for the 2003-20042002-2003fiscal year |
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only, the Department of Law Enforcement may transfer up to 20 |
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positions and associated budget between budget entities, |
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provided the same funding source is used throughout each |
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transfer. The department may also transfer up to 10 percent of |
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the initial approved salary rate between budget entities, |
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provided the same funding source is used throughout each |
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transfer. The department must provide notice to the Executive |
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Office of the Governor, the chair of the Senate Budget |
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Committee, and the chair of the House Committee on Criminal |
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Justice Appropriations for all transfers of positions or salary |
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rate. This subsection expires July 1, 20042003. |
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Section 17. In order to implement proviso language |
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following Specific Appropriation 642 of the 2003-2004 General |
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Appropriations Act, the Correctional Privatization Commission |
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may expend appropriated funds to assist in defraying the costs |
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of impacts that are incurred by a municipality or county and |
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associated with opening or operating a facility under the |
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authority of the Correctional Privatization Commission or a |
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facility under the authority of the Department of Juvenile |
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Justice which is located within that municipality or county. The |
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amount that is to be paid under this section for any facility |
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may not exceed 1 percent of the facility construction cost, less |
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building impact fees imposed by the municipality or by the |
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county if the facility is located in the unincorporated portion |
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of the county. This section expires July 1, 2004. |
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Section 18. In order to implement Specific Appropriations |
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1202-1256 of the 2003-2004 General Appropriations Act, paragraph |
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(b) of subsection (3) of section 16.555, Florida Statutes, is |
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amended to read: |
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16.555 Crime Stoppers Trust Fund; rulemaking.-- |
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(3) |
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(b) For the 2003-20042002-2003 statefiscal year only, |
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and notwithstanding any provision of this section to the |
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contrary, moneys in the trust fund may also be used to pay for |
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salaries and benefits and other expenses of the department. This |
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paragraph expires July 1, 20042003. |
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Section 19. In order to implement Specific Appropriation |
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1164 of the 2003-2004 General Appropriations Act, paragraph (d) |
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of subsection (4) of section 932.7055, Florida Statutes, is |
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amended to read: |
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932.7055 Disposition of liens and forfeited property.-- |
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(4) |
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(d) Notwithstanding any other provision of this |
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subsection, and for the 2003-20042002-2003fiscal year only, |
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the funds in a special law enforcement trust fund established by |
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the governing body of a municipality may be expended to |
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reimburse the general fund of the municipality for moneys |
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advanced from the general fund to the special law enforcement |
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trust fund prior to October 1, 2001. This paragraph expires July |
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1, 20042003. |
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Section 20. In order to implement Specific Appropriation |
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1394A of the 2003-2004 General Appropriations Act, paragraph (b) |
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of subsection (2) of section 581.184, Florida Statutes, is |
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amended to read: |
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581.184 Adoption of rules; citrus canker eradication; |
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voluntary destruction agreements.-- |
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(2) |
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(b) Notwithstanding the provisions of paragraph (a), and |
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for the 2003-20042002-2003fiscal year only, notice of the |
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removal of infected citrus trees and citrus trees exposed to |
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infection, by immediate final order, shall be provided to the |
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owner of the property on which such trees are located. This |
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paragraph expires July 1, 20042003. |
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Section 21. In order to implement section 23 of the 2003- |
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2004 General Appropriations Act, paragraph (b) of subsection (2) |
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and subsection (6) of section 581.1845, Florida Statutes, are |
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amended to read: |
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581.1845 Citrus canker eradication; compensation to |
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homeowners whose trees have been removed.-- |
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(2) |
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(b) Notwithstanding subparagraph (a)1., and for |
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compensation during the 2003-20042002-2003fiscal year only, to |
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be eligible to receive compensation under the program for |
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residential property where one or more citrus trees have been |
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removed on or after July 1, 2001, as part of a citrus canker |
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eradication program, a homeowner must be the homeowner of record |
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on the date the trees were removed. This paragraph expires July |
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1, 20042003. |
411
|
(6) For the 2003-20042002-2003 fiscal year only,and |
412
|
notwithstanding the $100-compensation amount specified in |
413
|
subsection (3), the amount of compensation for each tree removed |
414
|
from residential property by the citrus canker eradication |
415
|
program shall be $55. This subsection expires July 1, 20042003. |
416
|
Section 22. In order to implement Specific Appropriations |
417
|
2804 and 2819 of the 2003-2004 General Appropriations Act, |
418
|
subsection (4) of section 61.1826, Florida Statutes, is amended |
419
|
to read: |
420
|
61.1826 Procurement of services for State Disbursement |
421
|
Unit and the non-Title IV-D component of the State Case |
422
|
Registry; contracts and cooperative agreements; penalties; |
423
|
withholding payment.-- |
424
|
(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The |
425
|
contract between the Florida Association of Court Clerks and the |
426
|
department, and cooperative agreements entered into by the |
427
|
depositories and the department, must contain, but are not |
428
|
limited to, the following terms: |
429
|
(a) The initial term of the contract and cooperative |
430
|
agreements is for 5 years. The subsequent term of the contract |
431
|
and cooperative agreements is for 3 years, with the option of |
432
|
two 1-year renewal periods, at the sole discretion of the |
433
|
department. |
434
|
(b) The duties and responsibilities of the Florida |
435
|
Association of Court Clerks, the depositories, and the |
436
|
department. |
437
|
(c) Under s. 287.058(1)(a), all providers and |
438
|
subcontractors shall submit to the department directly, or |
439
|
through the Florida Association of Court Clerks, a report of |
440
|
monthly expenditures in a format prescribed by the department |
441
|
and in sufficient detail for a proper preaudit and postaudit |
442
|
thereof. |
443
|
(d) All providers and subcontractors shall submit to the |
444
|
department directly, or through the Florida Association of Court |
445
|
Clerks, management reports in a format prescribed by the |
446
|
department. |
447
|
(e) All subcontractors shall comply with chapter 280, as |
448
|
may be required. |
449
|
(f) Federal financial participation for eligible Title IV- |
450
|
D expenditures incurred by the Florida Association of Court |
451
|
Clerks and the depositories shall be at the maximum level |
452
|
permitted by federal law for expenditures incurred for the |
453
|
provision of services in support of child support enforcement in |
454
|
accordance with 45 C.F.R. part 74 and Federal Office of |
455
|
Management and Budget Circulars A-87 and A-122 and based on an |
456
|
annual cost allocation study of each depository. The |
457
|
depositories shall submit directly, or through the Florida |
458
|
Association of Court Clerks, claims for Title IV-D expenditures |
459
|
monthly to the department in a standardized format as prescribed |
460
|
by the department. The Florida Association of Court Clerks shall |
461
|
contract with a certified public accounting firm, selected by |
462
|
the Florida Association of Court Clerks and the department, to |
463
|
audit and certify quarterly to the department all claims for |
464
|
expenditures submitted by the depositories for Title IV-D |
465
|
reimbursement. |
466
|
(g) Upon termination of the contracts between the |
467
|
department and the Florida Association of Court Clerks or the |
468
|
depositories, the Florida Association of Court Clerks, its |
469
|
agents, and the depositories shall assist the department in |
470
|
making an orderly transition to a private vendor. |
471
|
(h) Interest on late payment by the department shall be in |
472
|
accordance with s. 215.422. |
473
|
|
474
|
If either the department or the Florida Association of Court |
475
|
Clerks objects to a term of the standard cooperative agreement |
476
|
or contract specified in subsections (2) and (3), the Chief |
477
|
Financial Officer, with approval from the Governor and Cabinet, |
478
|
shall appoint a third party todisputed term or terms shall be |
479
|
presented jointly by the parties to the Attorney General or the |
480
|
Attorney General's designee, who shall act as special master. |
481
|
The special master shall resolve disputes between the department |
482
|
and the Florida Association of Court Clerks related to |
483
|
negotiation for and performance under the current contract and |
484
|
any extended contract or subsequent contract. Additionally, the |
485
|
special master shall resolve disputes relating to the |
486
|
conformance of the state disbursement unit operations to the |
487
|
recommendations in the audit performed by the chief financial |
488
|
officer, or to any other audit duly conducted pursuant to state |
489
|
or federal law.The special master shall resolve the dispute in |
490
|
writing within 10 days. The resolution of a dispute by the |
491
|
special master is binding on the department and the Florida |
492
|
Association of Court Clerks. |
493
|
Section 23. The amendment of subsection (4) of s. 61.1826, |
494
|
Florida Statutes, by this act shall expire on July 1, 2004, and |
495
|
the text of that subsection shall revert to that in existence on |
496
|
June 30, 2003, except that any amendments to such text enacted |
497
|
other than by this act shall be preserved and continue to |
498
|
operate to the extent that such amendments are not dependent |
499
|
upon the portions of such text which expire pursuant to the |
500
|
provisions of this act. |
501
|
Section 24. In order to implement Specific Appropriations |
502
|
2592-2598A of the 2003-2004 General Appropriations Act, |
503
|
subsection (4) of section 287.161, Florida Statutes, is amended |
504
|
to read: |
505
|
287.161 Executive aircraft pool; assignment of aircraft; |
506
|
charge for transportation.-- |
507
|
(4) Notwithstanding the requirements of subsections (2) |
508
|
and (3), and for the 2003-20042002-2003fiscal year only, the |
509
|
Department of Management Services shall charge all persons |
510
|
receiving transportation from the executive aircraft pool a rate |
511
|
not less than the mileage allowance fixed by the Legislature for |
512
|
the use of privately owned vehicles. Fees collected for persons |
513
|
traveling by aircraft in the executive aircraft pool shall be |
514
|
deposited into the Bureau of Aircraft Trust Fund and shall be |
515
|
expended for costs incurred to operate the aircraft management |
516
|
activities of the department. It is the intent of the |
517
|
Legislature that the executive aircraft pool be operated on a |
518
|
full cost recovery basis, less available funds. This subsection |
519
|
expires July 1, 20042003. |
520
|
Section 25. In order to implement Specific Appropriation |
521
|
1949B of the 2003-2004 General Appropriations Act, subsection |
522
|
(7) of section 110.12315, Florida Statutes, is amended to read: |
523
|
110.12315 Prescription drug program.--The state employees' |
524
|
prescription drug program is established. This program shall be |
525
|
administered by the Department of Management Services, according |
526
|
to the terms and conditions of the plan as established by the |
527
|
relevant provisions of the annual General Appropriations Act and |
528
|
implementing legislation, subject to the following conditions: |
529
|
(7) Under the state employees' prescription drug program |
530
|
copayments must be made as follows: |
531
|
(a) Effective January 1, 2001: |
532
|
1. For generic drug with card.........................$7. |
533
|
2. For preferred brand name drug with card...........$20. |
534
|
3. For nonpreferred brand name drug with card........$35. |
535
|
4. For generic mail order drug....................$10.50. |
536
|
5. For preferred brand name mail order drug..........$30. |
537
|
6. For nonpreferred brand name drug...............$52.50. |
538
|
(b) The Department of Management Services shall create a |
539
|
preferred brand name drug list to be used in the administration |
540
|
of the state employees' prescription drug program. |
541
|
|
542
|
This subsection expires July 1, 20042003. |
543
|
Section 26. In order to implement Specific Appropriation |
544
|
1949B of the 2003-2004 General Appropriations Act, section |
545
|
110.1239, Florida Statutes, is amended to read: |
546
|
110.1239 State group health insurance program |
547
|
funding.--For the 2003-20042002-2003fiscal year only, it is |
548
|
the intent of the Legislature that the state group health |
549
|
insurance program be managed, administered, operated, and funded |
550
|
in such a manner as to maximize the protection of state employee |
551
|
health insurance benefits. Inherent in this intent is the |
552
|
recognition that the health insurance liabilities attributable |
553
|
to the benefits offered state employees should be fairly, |
554
|
orderly, and equitably funded. Accordingly: |
555
|
(1) The division shall determine the level of premiums |
556
|
necessary to fully fund the state group health insurance program |
557
|
for the next fiscal year. Such determination shall be made after |
558
|
each Self-Insurance Estimating Conference as provided in s. |
559
|
216.136(11), but not later than December 1 and April 1 of each |
560
|
fiscal year. |
561
|
(2) The Governor, in the Governor's recommended budget, |
562
|
shall provide premium rates necessary for full funding of the |
563
|
state group health insurance program, and the Legislature shall |
564
|
provide in the General Appropriations Act for a premium level |
565
|
necessary for full funding of the state group health insurance |
566
|
program. |
567
|
(3) For purposes of funding, any additional appropriation |
568
|
amounts allocated to the state group health insurance program by |
569
|
the Legislature shall be considered as a state contribution and |
570
|
thus an increase in the state premiums. |
571
|
(4) This section expires July 1, 20042003. |
572
|
Section 27. In order to implement sections 2-7 of the |
573
|
2003-2004 General Appropriations Act, paragraph (c) of |
574
|
subsection (5) and paragraph (d) of subsection (6) of section |
575
|
112.061, Florida Statutes, are amended to read: |
576
|
112.061 Per diem and travel expenses of public officers, |
577
|
employees, and authorized persons.-- |
578
|
(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For |
579
|
purposes of reimbursement and methods of calculating fractional |
580
|
days of travel, the following principles are prescribed: |
581
|
(c) For the 2003-20042002-2003 fiscal year only,and |
582
|
notwithstanding the other provisions of this subsection, for |
583
|
Class C travel, a state traveler shall not be reimbursed on a |
584
|
per diem basis nor shall a traveler receive subsistence |
585
|
allowance. This paragraph expires July 1, 20042003. |
586
|
(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
587
|
purposes of reimbursement rates and methods of calculation, per |
588
|
diem and subsistence allowances are divided into the following |
589
|
groups and rates: |
590
|
(d) For the 2003-20042002-2003 fiscal year only,and |
591
|
notwithstanding the other provisions of this subsection, for |
592
|
Class C travel, a state traveler shall not be reimbursed on a |
593
|
per diem basis nor shall a traveler receive subsistence |
594
|
allowance. This paragraph expires July 1, 20042003. |
595
|
Section 28. In order to implement Specific Appropriations |
596
|
1417-1419, 1421-1424, 1426, 1427, 1430, 1432, 1434, 1436-1438, |
597
|
1439, 1439K-1443, and 1446-1450 of the 2003-2004 General |
598
|
Appropriations Act, paragraphs (b) and (c) of subsection (1) of |
599
|
section 252.373, Florida Statutes, are amended to read: |
600
|
252.373 Allocation of funds; rules.-- |
601
|
(1) |
602
|
(b) Notwithstanding the provisions of paragraph (a), and |
603
|
for the 2003-20042002-2003fiscal year only, the use of the |
604
|
Emergency Management, Preparedness, and Assistance Trust Fund |
605
|
shall be as provided in the General Appropriations Act. This |
606
|
paragraph expires on July 1, 20042003. |
607
|
(c) Notwithstanding the provisions of paragraph (a), and |
608
|
for the 2003-20042002-2003fiscal year only, the Department of |
609
|
Community Affairs shall conduct a review of funds available in |
610
|
the Emergency Management, Preparedness, and Assistance Trust |
611
|
Fund. By December 311, 20032002, when actual receipts for the |
612
|
2002-20032001-2002fiscal year are determined, the Department |
613
|
of Community Affairs may identify any funds that were unspent or |
614
|
unencumbered in the 2002-20032001-2002 fiscal year that are not |
615
|
required to implement appropriations for the 2002-2003 fiscal |
616
|
year from the Emergency Management, Preparedness, and Assistance |
617
|
Trust Fund, and such funds may be transferred to the Grants and |
618
|
Donations Trust Fund to be used for the state portion of the |
619
|
match requirements for current federally approved disaster |
620
|
Hazard Mitigation Grant Programprojects. This paragraph expires |
621
|
July 1, 20042003. |
622
|
Section 29. In order to implement Specific Appropriations |
623
|
1432A, 1438A-1438I, 1438K, 1438L, 1438N, and 1439E-1439J of the |
624
|
2003-2004 General Appropriations Act, subsection (8) of section |
625
|
215.559, Florida Statutes, is renumbered as subsection (9), and |
626
|
a new subsection (8) is added to said section to read: |
627
|
215.559 Hurricane Loss Mitigation Program.-- |
628
|
(8) Notwithstanding the provisions of subsection (5), and |
629
|
for the 2003-2004 fiscal year only, the use of the Florida |
630
|
Hurricane Catastrophe Fund shall be as provided in the General |
631
|
Appropriations Act. This subsection expires on July 1, 2004.
|
632
|
Section 30. In order to implement Specific Appropriation |
633
|
1303A of the 2003-2004 General Appropriations Act, paragraph (e) |
634
|
is added to subsection (13) of section 253.025, Florida |
635
|
Statutes, to read: |
636
|
253.025 Acquisition of state lands for purposes other than |
637
|
preservation, conservation, and recreation.-- |
638
|
(13) |
639
|
(e) For the 2003-2004 fiscal year only, the use of funds |
640
|
allocated to the Relocation and Construction Trust Fund shall be |
641
|
as provided in the General Appropriations Act. This paragraph |
642
|
expires July 1, 2004.
|
643
|
Section 31. In order to implement Specific Appropriations |
644
|
1452-1459A of the 2003-2004 General Appropriations Act, |
645
|
subsection (4) of section 290.044, Florida Statutes, is amended |
646
|
to read: |
647
|
290.044 Florida Small Cities Community Development Block |
648
|
Grant Program Fund; administration; distribution.-- |
649
|
(4) The percentage of funds distributed in each of the |
650
|
grant program categories from federal funds for federal fiscal |
651
|
year 1985 shall be established by the Legislature in the |
652
|
appropriation process for the 1984 regular session and shall be |
653
|
established annually thereafter in the same manner. The |
654
|
department shall submit its recommendation on the distribution |
655
|
percentages to the Governor and Legislature as part of its |
656
|
regular budget proposals. The department may set asideshall |
657
|
provide for the set-aside of an amount of up to 510percent of |
658
|
the funds allocated to the neighborhood revitalization category |
659
|
in its distribution percentagesfor use in any eligible local |
660
|
government jurisdiction for which an emergency or natural |
661
|
disaster has been declared by executive order. Such funds may |
662
|
only be provided to a local government to fund eligible |
663
|
emergency-related activities for which no other source of |
664
|
federal, state, or local disaster funds is available. The |
665
|
department mayshallprovide for such set-aside by rule. In the |
666
|
last quarter of the state fiscal year, any funds not allocated |
667
|
under the emergency-related set-aside shall be used to fully |
668
|
fund any applications which were partially funded due to |
669
|
inadequate funds in the most recently completed neighborhood |
670
|
revitalization category funding cycle, and then any remaining |
671
|
funds shall be distributed to the next unfunded applications. |
672
|
Section 32. The amendment of subsection (4) of s. 290.044, |
673
|
Florida Statutes, by this act shall expire on July 1, 2004, and |
674
|
the text of that subsection shall revert to that in existence on |
675
|
June 30, 2003, except that any amendments to such text enacted |
676
|
other than by this act shall be preserved and continue to |
677
|
operate to the extent that such amendments are not dependent |
678
|
upon the portions of such text which expire pursuant to the |
679
|
provisions of this act. |
680
|
Section 33. In order to implement Specific Appropriation |
681
|
2014 of the 2003-2004 General Appropriations Act, section |
682
|
402.3017, Florida Statutes, is amended to read: |
683
|
402.3017 Teacher Education and Compensation Helps (TEACH) |
684
|
scholarship program.-- |
685
|
(1) The Legislature finds that the level of early child |
686
|
care teacher education and training is a key predictor for |
687
|
determining program quality. The Legislature also finds that low |
688
|
wages for child care workers prevent many from obtaining |
689
|
increased training and education and contribute to high turnover |
690
|
rates. The Legislature therefore intends to help fund a program |
691
|
which links teacher training and education to compensation and |
692
|
commitment to the field of early childhood education. |
693
|
(2) The Department of Children and Family Services is |
694
|
authorized to contract for the administration of the Teacher |
695
|
Education and Compensation Helps (TEACH) scholarship program, |
696
|
which provides educational scholarships to caregivers and |
697
|
administrators of early childhood programs, family day care |
698
|
homes, and large family child care homes. |
699
|
(3) The department shall adopt rules as necessary to |
700
|
implement this section. |
701
|
(4) For the 2003-20042002-2003fiscal year only, the |
702
|
Agency for Workforce Innovation shall administer this section. |
703
|
This subsection expires July 1, 20042003. |
704
|
Section 34. In order to implement Specific Appropriation |
705
|
2014 of the 2003-2004 General Appropriations Act, subsection |
706
|
(13) of section 411.01, Florida Statutes, is amended to read: |
707
|
411.01 Florida Partnership for School Readiness; school |
708
|
readiness coalitions.-- |
709
|
(13) PLACEMENTS.--Notwithstanding any other provision of |
710
|
this section to the contrary, and for fiscal year 2003-2004 |
711
|
2002-2003only, the first children to be placed in the school |
712
|
readiness program shall be those from families receiving |
713
|
temporary cash assistance and subject to federal work |
714
|
requirements. Subsequent placements shall be pursuant to the |
715
|
provisions of this section. This subsection expires July 1, 2004 |
716
|
2003. |
717
|
Section 35. In order to implement Specific Appropriation |
718
|
12C of the 2003-2004 General Appropriations Act, subsection (7) |
719
|
is added to section 1013.62, Florida Statutes, to read: |
720
|
1013.62 Charter schools capital outlay funding.-- |
721
|
(7) For the 2003-2004 fiscal year only, and |
722
|
notwithstanding subsection (1), funds for charter school capital |
723
|
outlay shall be distributed by the Department of Education as |
724
|
provided in the General Appropriations Act.
|
725
|
Section 36. In order to implement Specific Appropriations |
726
|
584-601A of the 2003-2004 General Appropriations Act, subsection |
727
|
(7) of section 1009.66, Florida Statutes, as amended by section |
728
|
71 of chapter 2002-402, Laws of Florida, and section 3 of |
729
|
chapter 2002-400, Laws of Florida, is amended to read: |
730
|
1009.66 Nursing Student Loan Forgiveness Program.-- |
731
|
(7)(a)Funds contained in the Nursing Student Loan |
732
|
Forgiveness Trust Fund which are to be used for loan forgiveness |
733
|
for those nurses employed by hospitals, birth centers, and |
734
|
nursing homes must be matched on a dollar-for-dollar basis by |
735
|
contributions from the employing institutions, except that this |
736
|
provision shall not apply to state-operated medical and health |
737
|
care facilities, public schools, county health departments, |
738
|
federally sponsored community health centers, teaching hospitals |
739
|
as defined in s. 408.07, family practice teaching hospitals as |
740
|
defined in s. 395.805, or specialty hospitals for children as |
741
|
used in s. 409.9119. An estimate of the annual trust fund |
742
|
dollars shall be made at the beginning of the fiscal year based |
743
|
on historic expenditures from the trust fund. Applicant requests |
744
|
shall be reviewed on a quarterly basis, and applicant awards |
745
|
shall be based on the following priority of employer until all |
746
|
such estimated trust funds are awarded: state-operated medical |
747
|
and health care facilities; public schools; county health |
748
|
departments; federally sponsored community health centers; |
749
|
teaching hospitals as defined in s. 408.07; family practice |
750
|
teaching hospitals as defined in s. 395.805; specialty hospitals |
751
|
for children as used in s. 409.9119; and other hospitals, birth |
752
|
centers, and nursing homes. |
753
|
(b) All Nursing Student Loan Forgiveness Trust Fund moneys |
754
|
shall be invested pursuant to s. 18.125. Interest income |
755
|
accruing to that portion of the trust fund not matched shall |
756
|
increase the total funds available for loan forgiveness and |
757
|
scholarships. Pledged contributions shall not be eligible for |
758
|
matching prior to the actual collection of the total private |
759
|
contribution for the year.
|
760
|
Section 37. The amendment of subsection (7) of s. 1009.66, |
761
|
Florida Statutes, by this act shall expire on July 1, 2004, and |
762
|
the text of that subsection shall revert to that in existence on |
763
|
June 30, 2003, except that any amendments to such text enacted |
764
|
other than by this act shall be preserved and continue to |
765
|
operate to the extent that such amendments are not dependent |
766
|
upon the portions of such text which expire pursuant to the |
767
|
provisions of this act. |
768
|
Section 38. In order to implement Specific Appropriation |
769
|
477 of the 2003-2004 General Appropriations Act, subsection (3) |
770
|
of section 385.207, Florida Statutes, as amended by section 73 |
771
|
of chapter 2002-402, Laws of Florida, is amended to read: |
772
|
385.207 Care and assistance of persons with epilepsy; |
773
|
establishment of programs in epilepsy control.-- |
774
|
(3) Revenue for statewide implementation of programs for |
775
|
epilepsy prevention and education pursuant to this section shall |
776
|
be derived pursuant to the provisions of s. 318.21(6) and shall |
777
|
be deposited in the Epilepsy Services Trust Fund, which is |
778
|
hereby established to be administered by the Department of |
779
|
Health. All funds deposited into the trust fund shall be |
780
|
invested pursuant to the provisions of s. 18.125. Interest |
781
|
income accruing to such invested funds shall increase the total |
782
|
funds available under this subsection. |
783
|
Section 39. The amendment of subsection (3) of s. 385.207, |
784
|
Florida Statutes, by this act shall expire on July 1, 2004, and |
785
|
the text of that subsection shall revert to that in existence on |
786
|
June 30, 2003, except that any amendments to such text enacted |
787
|
other than by this act shall be preserved and continue to |
788
|
operate to the extent that such amendments are not dependent |
789
|
upon the portions of such text which expire pursuant to the |
790
|
provisions of this act.
|
791
|
Section 40. In order to implement Specific Appropriations |
792
|
1335-1339 of the 2003-2004 General Appropriations Act, section |
793
|
570.544, Florida Statutes, is amended to read: |
794
|
570.544 Division of Consumer Services; director; powers; |
795
|
processing of complaints;records.-- |
796
|
(1) The director of the Division of Consumer Services |
797
|
shall be appointed by and serve at the pleasure of the |
798
|
commissioner. |
799
|
(2) The Division of Consumer Services may: |
800
|
(a) Conduct studies and make analyses of matters affecting |
801
|
the interests of consumers. |
802
|
(b) Study the operation of laws for consumer protection. |
803
|
(c) Advise and make recommendations to the various state |
804
|
agencies concerned with matters affecting consumers. |
805
|
(d) Assist, advise, and cooperate with local, state, or |
806
|
federal agencies and officials in order to promote the interests |
807
|
of consumers. |
808
|
(e) Make use of the testing and laboratory facilities of |
809
|
the department for the detection of consumer fraud. |
810
|
(f) Report to the appropriate law enforcement officers any |
811
|
information concerning violation of consumer protection laws. |
812
|
(g) Assist, develop, and conduct programs of consumer |
813
|
education and consumer information through publications and |
814
|
other informational and educational material prepared for |
815
|
dissemination to the public, in order to increase the competence |
816
|
of consumers. |
817
|
(h) Organize and hold conferences on problems affecting |
818
|
consumers. |
819
|
(i) Recommend programs to encourage business and industry |
820
|
to maintain high standards of honesty, fair business practices, |
821
|
and public responsibility in the production, promotion, and sale |
822
|
of consumer goods and services. |
823
|
(3) In addition to the powers, duties, and |
824
|
responsibilities authorized by this or any other chapter, the |
825
|
Division of Consumer Services shall serve as a clearinghouse for |
826
|
matters relating to consumer protection, consumer information, |
827
|
and consumer services generally. It shall receive complaints and |
828
|
grievances from consumers and promptly transmit them to that |
829
|
agency most directly concerned in order that the complaint or |
830
|
grievance may be expeditiously handled in the best interests of |
831
|
the complaining consumer. If no agency exists, the Division of |
832
|
Consumer Services shall seek a settlement of the complaint using |
833
|
formal or informal methods of mediation and conciliation and may |
834
|
seek any other resolution of the matter in accordance with its |
835
|
jurisdiction.
|
836
|
(4) If any complaint received by the Division of Consumer |
837
|
Services concerns matters which involve concurrent jurisdiction |
838
|
in more than one agency, duplicate copies of the complaint shall |
839
|
be referred to those offices deemed to have concurrent |
840
|
jurisdiction.
|
841
|
(3)(5)(a) Any agency, office, bureau, division, or board |
842
|
of state government receiving a complaint which deals with |
843
|
consumer fraud or consumer protection and which is not within |
844
|
the jurisdiction of the receiving agency, office, bureau, |
845
|
division, or board originally receiving it, shall immediately |
846
|
refer the complaint to the Division of Consumer Services. |
847
|
(b) Upon receipt of such a complaint, the Division of |
848
|
Consumer Services shall make a determination of the proper |
849
|
jurisdiction to which the complaint relates and shall |
850
|
immediately refer the complaint to the agency, office, bureau, |
851
|
division, or board which does have the proper regulatory or |
852
|
enforcement authority to deal with it. |
853
|
(6)(a) The office or agency to which a complaint has been |
854
|
referred shall within 30 days acknowledge receipt of the |
855
|
complaint and report on the disposition made of the complaint. |
856
|
In the event a complaint has not been disposed of within 30 |
857
|
days, the receiving office or agency shall file progress reports |
858
|
with the Division of Consumer Services no less frequently than |
859
|
30 days until final disposition.
|
860
|
(b) The report shall contain at least the following |
861
|
information:
|
862
|
1. A finding of whether the receiving agency has |
863
|
jurisdiction of the subject matter involved in the complaint.
|
864
|
2. Whether the complaint is deemed to be frivolous, sham, |
865
|
or without basis in fact or law.
|
866
|
3. What action has been taken and a report on whether the |
867
|
original complainant was satisfied with the final disposition.
|
868
|
4. Any recommendation regarding needed changes in law or |
869
|
procedure which in the opinion of the reporting agency or office |
870
|
will improve consumer protection in the area involved.
|
871
|
(7)(a) If the office or agency receiving a complaint fails |
872
|
to file a report as contemplated in this section, that failure |
873
|
shall be construed as a denial by the receiving office or agency |
874
|
that it has jurisdiction of the subject matter contained in the |
875
|
complaint.
|
876
|
(b) If an office or agency receiving a complaint |
877
|
determines that the matter presents a prima facie case for |
878
|
criminal prosecution or if the complaint cannot be settled at |
879
|
the administrative level, the complaint together with all |
880
|
supporting evidence shall be transmitted to the Department of |
881
|
Legal Affairs or other appropriate enforcement agency with a |
882
|
recommendation for civil or criminal action warranted by the |
883
|
evidence.
|
884
|
(4)(8)The records of the Division of Consumer Services |
885
|
are public records. However, customer lists, customer names, and |
886
|
trade secrets are confidential and exempt from the provisions of |
887
|
s. 119.07(1). Disclosure necessary to enforcement procedures |
888
|
shall not be construed as violative of this prohibition. |
889
|
(5)(9)It shall be the duty of the Division of Consumer |
890
|
Services to maintain records and compile summaries and analyses |
891
|
of consumer complaints under its jurisdictionand their eventual |
892
|
disposition, which data may serve as a basis for recommendations |
893
|
to the Legislature and to state regulatory agencies. |
894
|
Section 41. The amendment of s. 570.544, Florida Statutes, |
895
|
by this act shall expire on July 1, 2004, and the text of that |
896
|
section shall revert to that in existence on June 30, 2003, |
897
|
except that any amendments to such text enacted other than by |
898
|
this act shall be preserved and continue to operate to the |
899
|
extent that such amendments are not dependent upon the portions |
900
|
of such text which expire pursuant to the provisions of this |
901
|
act. |
902
|
Section 42. In order to implement Specific Appropriations |
903
|
1335-1339 of the 2003-2004 General Appropriations Act, section |
904
|
526.3135, Florida Statutes, is amended to read: |
905
|
526.3135 Reports by the Division of Standards.--The |
906
|
Division of Standards is directed to compile a report pursuant |
907
|
to s. 570.544 of all complaints received by the Department of |
908
|
Agriculture and Consumer Services pursuant to this act. Such |
909
|
report shall contain at least the information required by s. |
910
|
570.544(6)(b)2.-4. and shallbe presented to the Speaker of the |
911
|
House of Representatives and the President of the Senate no |
912
|
later than January 1 of each year. |
913
|
Section 43. The amendment of s. 526.3135, Florida |
914
|
Statutes, by this act shall expire on July 1, 2004, and the text |
915
|
of that section shall revert to that in existence on June 30, |
916
|
2003, except that any amendments to such text enacted other than |
917
|
by this act shall be preserved and continue to operate to the |
918
|
extent that such amendments are not dependent upon the portions |
919
|
of such text which expire pursuant to the provisions of this |
920
|
act. |
921
|
Section 44. In order to implement Specific Appropriations |
922
|
1335-1339 of the 2003-2004 General Appropriations Act, |
923
|
subsection (2) of section 559.921, Florida Statutes, is amended |
924
|
to read: |
925
|
559.921 Remedies.-- |
926
|
(2) The department shall referprocess consumer complaints |
927
|
to the Division of Consumer Servicesaccording to ss. 570.07 and |
928
|
570.544. |
929
|
Section 45. The amendment of subsection (2) of s. 559.921, |
930
|
Florida Statutes, by this act shall expire on July 1, 2004, and |
931
|
the text of that subsection shall revert to that in existence on |
932
|
June 30, 2003, except that any amendments to such text enacted |
933
|
other than by this act shall be preserved and continue to |
934
|
operate to the extent that such amendments are not dependent |
935
|
upon the portions of such text which expire pursuant to the |
936
|
provisions of this act. |
937
|
Section 46. In order to implement Section 24 of the 2003- |
938
|
2004 General Appropriations Act, subsection (10) of section |
939
|
288.063, Florida Statutes, is amended to read: |
940
|
288.063 Contracts for transportation projects.-- |
941
|
(10)(a)Notwithstanding the provisions of s. 216.301, |
942
|
funds appropriated for this purpose shall not be subject to |
943
|
reversion. |
944
|
(b) For the 2003-2004 fiscal year only and notwithstanding |
945
|
paragraph (a), funds appropriated for this purpose in previous |
946
|
years are subject to the reversion requirements of s. 216.301. |
947
|
This paragraph expires July 1, 2004. |
948
|
Section 47. In order to implement Section 30 of the 2003- |
949
|
2004 General Appropriations Act, subsection (5) is added to |
950
|
section 339.08, Florida Statutes, to read: |
951
|
339.08 Use of moneys in State Transportation Trust Fund.-- |
952
|
(5) For the 2003-2004 fiscal year only and notwithstanding |
953
|
the provisions of this section and s. 339.09(1), $200 million |
954
|
may be transferred from the State Transportation Trust Fund to |
955
|
the General Revenue Fund in the 2003-2004 General Appropriations |
956
|
Act. Such transfer may be comprised of several smaller transfers |
957
|
made during the 2003-2004 fiscal year. Notwithstanding ss. |
958
|
206.46(3) and 206.606(2), the total amount transferred shall be |
959
|
reduced from total state revenues deposited into the State |
960
|
Transportation Trust Fund for the calculation requirements of |
961
|
ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
962
|
2004. |
963
|
Section 48. In order to implement Specific Appropriation |
964
|
2545 of the 2003-2004 General Appropriations Act, effective July |
965
|
1, 2003, transfers shall occur as described in legislation that |
966
|
becomes law reorganizing the Office of the Auditor General and |
967
|
the Office of Program Policy Analysis and Government |
968
|
Accountability into the Office of Government Accountability. If |
969
|
such legislation does not become law, all powers, duties, |
970
|
functions, records, personnel, property, and unexpended balances |
971
|
of appropriations, allocations, and other funds of the Office of |
972
|
Program Policy Analysis and Government Accountability are |
973
|
transferred by a type two transfer, as defined in s. 20.06, |
974
|
Florida Statutes, to the Office of the Auditor General. |
975
|
Consistent with the provisions of s. 11.45(4)(a), Florida |
976
|
Statutes, and notwithstanding any other provision of law to the |
977
|
contrary, the Auditor General shall, within the funding |
978
|
provided, determine which duties and responsibilities assigned |
979
|
by law to the Office of Program Policy Analysis and Government |
980
|
Accountability shall be provided during the 2003-2004 fiscal |
981
|
year. This section expires July 1, 2004. |
982
|
Section 49. In order to implement Specific Appropriation |
983
|
2545 of the 2003-2004 General Appropriations Act, effective July |
984
|
1, 2003, all powers, duties, functions, records, personnel, |
985
|
property, and unexpended balances of appropriations, |
986
|
allocations, and other funds of the Council for Education Policy |
987
|
Research and Improvement are transferred by a type two transfer, |
988
|
as defined in s. 20.06, Florida Statutes, to the Office of the |
989
|
Auditor General. Notwithstanding the provisions of s. 1008.51, |
990
|
Florida Statutes, all powers, duties, funding, and functions of |
991
|
the Council for Education Policy Research and Improvement are |
992
|
suspended for the 2003-2004 fiscal year. The Auditor General |
993
|
may, within the funding provided, provide policy research and |
994
|
analysis of education issues. This section expires July 1, 2004. |
995
|
Section 50. A section of this act that implements a |
996
|
specific appropriation or specifically identified proviso |
997
|
language in the 2003-2004 General Appropriations Act is void if |
998
|
the specific appropriation or specifically identified proviso |
999
|
language is vetoed. A section of this act that implements more |
1000
|
than one specific appropriation or more than one portion of |
1001
|
specifically identified proviso language in the 2003-2004 |
1002
|
General Appropriations Act is void if all the specific |
1003
|
appropriations or portions of specifically identified proviso |
1004
|
language are vetoed. |
1005
|
Section 51. If any other act passed in 2003 contains a |
1006
|
provision that is substantively the same as a provision in this |
1007
|
act, but that removes or is otherwise not subject to the future |
1008
|
repeal applied to such provision by this act, the Legislature |
1009
|
intends that the provision in the other act shall take |
1010
|
precedence and shall continue to operate, notwithstanding the |
1011
|
future repeal provided by this act. |
1012
|
Section 52. The agency performance measures and standards |
1013
|
in the document entitled "Florida's Budget 2003 Agency |
1014
|
Performance Measures and Standards Approved by the Legislature |
1015
|
for Fiscal Year 2003-04" dated March 24, 2003, and filed with |
1016
|
the Clerk of the House of Representatives are incorporated by |
1017
|
reference. Such performance measures and standards are directly |
1018
|
linked to the appropriations made in the General Appropriations |
1019
|
Act for fiscal year 2003-2004, as required by the Government |
1020
|
Performance and Accountability Act of 1994. State agencies are |
1021
|
directed to revise their long-range program plans required under |
1022
|
s. 216.013, Florida Statutes, to be consistent with these |
1023
|
performance measures and standards. |
1024
|
Section 53. If any provision of this act or its |
1025
|
application to any person or circumstance is held invalid, the |
1026
|
invalidity shall not affect other provisions or applications of |
1027
|
the act which can be given effect without the invalid provision |
1028
|
or application, and to this end the provisions of this act are |
1029
|
declared severable. |
1030
|
Section 54. If any law amended by this act was also |
1031
|
amended by a law enacted at the 2003 Regular Session of the |
1032
|
Legislature, such laws shall be construed as if they had been |
1033
|
enacted at the same session of the Legislature, and full effect |
1034
|
shall be given to each if possible.
|
1035
|
Section 55. Except as otherwise provided in this act, this |
1036
|
act shall take effect July 1, 2003; or, in the event this act |
1037
|
fails to become a law until after that date, it shall take |
1038
|
effect upon becoming a law and shall operate retroactively to |
1039
|
July 1, 2003. |
1040
|
|
1041
|
================= T I T L E A M E N D M E N T ================= |
1042
|
Remove the entire title, and insert: |
1043
|
A bill to be entitled |
1044
|
An act implementing the 2003-2004 General Appropriations |
1045
|
Act; providing legislative intent; providing accounting |
1046
|
requirements for the state universities for the 2003-2004 |
1047
|
fiscal year; amending ss. 430.204 and 430.205, F.S.; |
1048
|
requiring the Department of Elderly Affairs to fund |
1049
|
certain community care services and core services for the |
1050
|
elderly; amending s. 216.292, F.S.; authorizing the |
1051
|
Department of Children and Family Services to transfer |
1052
|
funds within the family safety program; amending s. |
1053
|
561.121, F.S.; providing that moneys in the Children and |
1054
|
Adolescents Substance Abuse Trust Fund may also be used |
1055
|
for the purpose of funding programs directed at reducing |
1056
|
and eliminating substance abuse problems among adults; |
1057
|
amending s. 409.1671, F.S.; requiring that funds for |
1058
|
privatized foster care and related services be allocated |
1059
|
in accordance with a methodology adopted by the Department |
1060
|
of Children and Family Services by rule and granting |
1061
|
rulemaking authority for such purpose; providing for lump |
1062
|
sum funding in the Department of Children and Family |
1063
|
Services to provide for continuity of foster care under |
1064
|
certain circumstances; amending s. 394.908, F.S.; |
1065
|
providing for substance abuse and mental health funding |
1066
|
equity as provided in the General Appropriations Act; |
1067
|
authorizing the Department of Children and Family Services |
1068
|
to procure contractual services to outsource the operation |
1069
|
of the Northeast Florida State Hospital; amending s. |
1070
|
381.0066, F.S.; continuing the additional fee on new |
1071
|
construction permits for onsite sewage treatment and |
1072
|
disposal systems the proceeds of which are used for system |
1073
|
research, demonstration, and training projects; amending |
1074
|
s. 385.207, F.S.; authorizing appropriation of funds in |
1075
|
the Epilepsy Services Trust Fund for epilepsy case |
1076
|
management services; authorizing the Department of Law |
1077
|
Enforcement to use certain moneys to provide bonuses to |
1078
|
employees for meritorious performance, subject to review; |
1079
|
amending s. 216.181, F.S.; authorizing the Department of |
1080
|
Law Enforcement to transfer positions and associated |
1081
|
budget and a certain percentage of salary rate between |
1082
|
budget entities and providing requirements with respect |
1083
|
thereto; authorizing the Correctional Privatization |
1084
|
Commission to make certain expenditures to defray costs |
1085
|
incurred by a municipality or county as a result of |
1086
|
opening or operating a facility under authority of the |
1087
|
commission or the Department of Juvenile Justice; amending |
1088
|
s. 16.555, F.S.; authorizing use of the Crime Stoppers |
1089
|
Trust Fund to pay for salaries and benefits and other |
1090
|
expenses of the Department of Legal Affairs; amending s. |
1091
|
932.7055, F.S.; allowing municipal special law enforcement |
1092
|
trust funds to be used to reimburse certain loans from |
1093
|
municipalities; amending s. 581.184, F.S.; requiring |
1094
|
notice to the property owner of the removal of infected |
1095
|
citrus trees or citrus trees exposed to infection; |
1096
|
amending s. 581.1845, F.S.; revising eligibility for |
1097
|
compensation of homeowners under the citrus canker |
1098
|
eradication program; prescribing the amount of |
1099
|
compensation for trees taken in the citrus canker |
1100
|
eradication program; amending s. 61.1826, F.S.; revising |
1101
|
provisions relating to the special master to resolve |
1102
|
disputes involving cooperative agreement and contract |
1103
|
terms for certain state and federal child support |
1104
|
provisions; amending s. 287.161, F.S.; requiring the |
1105
|
Department of Management Services to charge all persons |
1106
|
receiving transportation from the executive aircraft pool |
1107
|
a specified rate; amending s. 110.12315, F.S.; providing |
1108
|
copayment requirements for the state employees' |
1109
|
prescription drug program; amending s. 110.1239, F.S.; |
1110
|
providing requirements for the funding of the state group |
1111
|
health insurance program; amending s. 112.061, F.S.; |
1112
|
providing for computation of travel time and reimbursement |
1113
|
for public officers' and employees' travel; amending s. |
1114
|
252.373, F.S.; providing for use of funds of the Emergency |
1115
|
Management, Preparedness, and Assistance Trust Fund, |
1116
|
including use of certain funds as state match for current |
1117
|
federally approved disaster projects; amending s. 215.559, |
1118
|
F.S.; providing that use of the Florida Hurricane |
1119
|
Catastrophe Fund shall be as provided in the General |
1120
|
Appropriations Act; amending s. 253.025, F.S.; providing |
1121
|
that the use of funds allocated to the Relocation and |
1122
|
Construction Trust Fund shall be as provided in the |
1123
|
General Appropriations Act; amending s. 290.044, F.S.; |
1124
|
eliminating required distribution percentages for program |
1125
|
categories from the Florida Small Cities Community |
1126
|
Development Block Grant Program Fund and authorizing the |
1127
|
set-aside of a certain amount of such funds for certain |
1128
|
emergency-related activities; amending s. 402.3017, F.S.; |
1129
|
providing for administration of the Teacher Education and |
1130
|
Compensation Helps (TEACH) scholarship program by the |
1131
|
Agency for Workforce Innovation; amending s. 411.01, F.S.; |
1132
|
providing priority for placement of children in the school |
1133
|
readiness program; amending s. 1013.62, F.S.; providing |
1134
|
that funds for charter school capital outlay funding shall |
1135
|
be distributed by the Department of Education as provided |
1136
|
in the General Appropriations Act; amending s. 1009.66, |
1137
|
F.S.; deleting certain provisions relating to investment |
1138
|
and use of interest income of the Nursing Student Loan |
1139
|
Forgiveness Trust Fund; amending s. 385.207, F.S.; |
1140
|
deleting certain provisions relating to investment and use |
1141
|
of interest income of the Epilepsy Services Trust Fund; |
1142
|
amending s. 570.544, F.S.; reducing consumer complaint |
1143
|
processing responsibilities of the Division of Consumer |
1144
|
Services of the Department of Agriculture and Consumer |
1145
|
Services; amending ss. 526.3135 and 559.921, F.S., to |
1146
|
conform; amending s. 288.063, F.S.; providing for funds |
1147
|
for certain transportation projects approved by the Office |
1148
|
of Tourism, Trade, and Economic Development to be subject |
1149
|
to reversion; amending s. 339.08, F.S.; transferring $200 |
1150
|
million from the State Transportation Trust Fund to the |
1151
|
General Revenue Fund; reducing the amount transferred from |
1152
|
certain transportation calculation requirements; providing |
1153
|
for transfer pursuant to law or a type two transfer of all |
1154
|
powers, duties, functions, records, personnel, property, |
1155
|
and unexpended balances of appropriations, allocations, |
1156
|
and other funds of the Office of Program Policy Analysis |
1157
|
and Government Accountability to the Office of the Auditor |
1158
|
General; providing for a type two transfer of all powers, |
1159
|
duties, functions, records, personnel, property, and |
1160
|
unexpended balances of appropriations, allocations, and |
1161
|
other funds of the Council for Education Policy Research |
1162
|
and Improvement to the Office of the Auditor General; |
1163
|
providing for future repeal or expiration of various |
1164
|
provisions; providing for reversion of certain provisions; |
1165
|
providing effect of veto of specific appropriation or |
1166
|
proviso to which implementing language refers; providing |
1167
|
applicability to other legislation; incorporating by |
1168
|
reference specified performance measures and standards |
1169
|
directly linked to the appropriations made in the 2003- |
1170
|
2004 General Appropriations Act, as required by the |
1171
|
Government Performance and Accountability Act of 1994; |
1172
|
providing severability; providing for construction of the |
1173
|
act in pari materia with laws enacted during the 2003 |
1174
|
Regular Session of the Legislature; providing an effective |
1175
|
date. |