Senate Bill sb0004A

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    Florida Senate - 2003                                   SB 4-A

    By the Committee on Appropriations





    28-2571C-03

  1                      A bill to be entitled

  2         An act implementing the 2003-2004 General

  3         Appropriations Act; providing legislative

  4         intent; providing accounting requirements for

  5         the state universities for the 2003-2004 fiscal

  6         year; amending s. 1011.71, F.S.; allowing

  7         school boards to make payments toward the cost

  8         of school buses owned by certain student

  9         transportation contract providers; providing

10         requirements; amending s. 1011.71, F.S.;

11         permitting school districts to pay for property

12         and casualty insurance from specified funds;

13         amending ss. 430.204 and 430.205, F.S.;

14         requiring the Department of Elderly Affairs to

15         fund certain community care services and core

16         services for the elderly; amending s. 216.292,

17         F.S.; authorizing the Department of Children

18         and Family Services to transfer funds within

19         the family safety program; amending s. 561.121,

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

21         Adolescents Substance Abuse Trust Fund may also

22         be used for the purpose of funding programs

23         directed at reducing and eliminating substance

24         abuse problems among adults; authorizing the

25         Department of Children and Family Services to

26         enter into a contract to finance, design,

27         construct, and operate the South Florida

28         Evaluation and Treatment Center; providing for

29         an extended contract period; authorizing

30         financing for the project; amending s.

31         381.0066, F.S.; continuing the additional fee

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    Florida Senate - 2003                                   SB 4-A
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 1         on new construction permits for onsite sewage

 2         treatment and disposal systems the proceeds of

 3         which are used for system research,

 4         demonstration, and training projects; amending

 5         s. 385.207, F.S.; authorizing appropriation of

 6         funds in the Epilepsy Services Trust Fund for

 7         epilepsy case management services; amending s.

 8         216.181, F.S.; authorizing the Department of

 9         Law Enforcement to transfer positions and

10         associated budgets and a certain percentage of

11         salary rate between budget entities and

12         providing requirements with respect thereto;

13         authorizing the Correctional Privatization

14         Commission to make certain expenditures to

15         defray costs incurred by a municipality or

16         county as a result of opening or operating a

17         facility under authority of the commission or

18         the Department of Juvenile Justice; amending s.

19         16.555, F.S.; authorizing use of the Crime

20         Stoppers Trust Fund to pay for salaries and

21         benefits and other expenses of the Department

22         of Legal Affairs; amending s. 985.4075, F.S.;

23         prohibiting the use of juvenile justice

24         appropriations made for operations as one-time

25         startup funding for fixed capital outlay;

26         amending s. 216.262, F.S.; providing for

27         additional positions to operate additional

28         prison bed capacity under certain

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

30         requiring the Department of Management Services

31         to charge all persons receiving transportation

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    Florida Senate - 2003                                   SB 4-A
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 1         from the executive aircraft pool a specified

 2         rate; amending s. 110.12315, F.S.; providing

 3         copayment requirements for the state employees'

 4         prescription drug program; amending s.

 5         110.1239, F.S.; providing requirements for the

 6         funding of the state group health insurance

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

 8         for computation of travel time and

 9         reimbursement for public officers' and

10         employees' travel; amending s. 468.404, F.S.;

11         requiring talent agency license fees equal to

12         costs of regulation; amending s. 376.3071,

13         F.S.; permitting the transfer of moneys from

14         the Inland Protection Trust Fund to the Water

15         Quality Assurance Trust Fund; amending s.

16         378.035, F.S.; permitting expenditure of moneys

17         appropriated for abatement of imminent hazards

18         caused by, and for closure of, abandoned

19         phosphogypsum stacks; amending s. 215.96, F.S.;

20         requiring the Financial Management Information

21         Board to provide certain policies, procedures,

22         and processes for integration of central

23         administrative and financial information

24         systems; requiring a task force; specifying

25         membership and responsibilities; requiring

26         recommendations on specific information systems

27         and projects; amending s. 601.15, F.S.;

28         permitting the Florida Citrus Commission to

29         reduce certain statutory citrus tax rates by

30         majority vote; amending s. 372.561, F.S.;

31         permitting counties to retain certain hunting

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    Florida Senate - 2003                                   SB 4-A
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 1         and fishing fees until the Fish and Wildlife

 2         Conservation Commission implements an automated

 3         licensing system; amending s. 376.86, F.S.;

 4         revising certain restrictions on investing

 5         funds maintained in the Nonmandatory Land

 6         Reclamation Trust Fund; providing for a

 7         schedule for legislative review of the

 8         Brownfield Areas Loan Guarantee Program;

 9         providing for future repeal or expiration;

10         authorizing a specific exchange of lands

11         between the Board of Trustees of the Internal

12         Improvement Trust Fund and the City of

13         Lakeland, various statutory provisions

14         notwithstanding; amending s. 252.373, F.S.;

15         providing for use of funds of the Emergency

16         Management, Preparedness, and Assistance Trust

17         Fund, including the use of certain funds as

18         state matching funds for federally approved

19         Hazard Mitigation Grant Program projects;

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

21         administration of the Teacher Education and

22         Compensation Helps (TEACH) scholarship program

23         by the Agency for Workforce Innovation;

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

25         for placement of children in the school

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

27         providing for funds for certain transportation

28         projects approved by the Office of Tourism,

29         Trade, and Economic Development to be subject

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

31         authorizing proceeds from the Professional

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 1         Sports Development Trust Fund to be used for

 2         operational expenses of the Florida Sports

 3         Foundation and financial support of the

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

 5         transferring $200 million from the State

 6         Transportation Trust Fund to the General

 7         Revenue Fund; reducing the amount transferred

 8         from certain transportation calculation

 9         requirements; amending s. 445.048, F.S.;

10         continuing and expanding the Passport to

11         Economic Progress demonstration project;

12         amending s. 443.036, F.S.; providing a

13         definition and an application of an alternative

14         base period for unemployment compensation;

15         providing requirements and limitations;

16         requiring employers to respond to requests for

17         information by the Agency for Workforce

18         Innovation; providing a penalty for failure to

19         respond; providing for adjustments in

20         determinations of monetary eligibility;

21         requiring the Chief Financial Officer to report

22         on costs of court-related services provided by

23         the counties; providing specific requirements;

24         providing for reimbursement of certain

25         expenses; amending s. 413.4021, F.S.; requiring

26         additional revenues from the tax collection

27         enforcement diversion program to be used for

28         the personal care attendant pilot program and

29         for state attorney contracts; reenacting s.

30         215.32(2)(b), F.S., to implement the transfer

31         of moneys to the Working Capital Fund from

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    Florida Senate - 2003                                   SB 4-A
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 1         certain trust funds; providing for the effect

 2         of a veto of a specific appropriation or

 3         proviso to which implementing provisions refer;

 4         providing applicability to other legislation;

 5         incorporating by reference specified

 6         performance measures and standards directly

 7         linked to the appropriations made in the

 8         2003-2004 General Appropriations Act, as

 9         required by the Government Performance and

10         Accountability Act of 1994; providing for

11         construction of the act in pari materia with

12         laws enacted during the Regular Session of the

13         Legislature; providing for severability;

14         providing for retroactive application;

15         providing effective dates.

16  

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

18  

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

20  the implementing and administering provisions of this act

21  apply to the General Appropriations Act for fiscal year

22  2003-2004.

23         Section 2.  In order to implement Specific

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

25  Appropriations Act:

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

27  effective July 1, 2003, from the state accounting

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

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

30  the Department of Financial Services for its utilization.

31  

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    Florida Senate - 2003                                   SB 4-A
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 1         (2)  Notwithstanding the provisions of sections

 2  216.181, 216.292, and 1011.4105, Florida Statutes, and

 3  pursuant to section 216.351, Florida Statutes, funds

 4  appropriated or reappropriated to the state universities in

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

 6  passed by the 2003 Legislature containing appropriations,

 7  shall be distributed to each university according to the

 8  2003-2004 fiscal year operating budget approved by the

 9  university board of trustees. Each university board of

10  trustees shall have authority to amend the operating budget as

11  circumstances warrant. The operating budget may utilize

12  traditional appropriation categories or it may consolidate the

13  appropriations into a special category appropriation account.

14  The Chief Financial Officer, upon the request of the

15  university board of trustees, shall record by journal transfer

16  the distribution of the appropriated funds and releases

17  according to the approved operating budget to the

18  appropriation accounts established for disbursement purposes

19  for each university within the state accounting system

20  (FLAIR).

21         (3)  Notwithstanding the provisions of sections

22  216.181, 216.292, and 1011.4105, Florida Statutes, and

23  pursuant to section 216.351, Florida Statutes, each university

24  board of trustees shall include in an approved operating

25  budget the revenue in trust funds supported by student and

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

27  Grants, and Donations, Auxiliary Enterprises, and Sponsored

28  Research budget entities. The university board of trustees

29  shall have the authority to amend the operating budget as

30  circumstances warrant. The operating budget may utilize

31  traditional appropriation categories or it may consolidate the

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    Florida Senate - 2003                                   SB 4-A
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 1  trust fund spending authority into a special category

 2  appropriation account. The Chief Financial Officer, upon the

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

 4  distribution of the trust fund spending authority and releases

 5  according to the approved operating budget to the

 6  appropriation accounts established for disbursement purposes

 7  for each university within the state accounting system

 8  (FLAIR).

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

10         Section 3.  In order to implement Specific

11  Appropriation 62 of the 2003-2004 General Appropriations Act,

12  paragraph (i) is added to subsection (2) of section 1011.71,

13  Florida Statutes, to read:

14         1011.71  District school tax.--

15         (2)  In addition to the maximum millage levy as

16  provided in subsection (1), each school board may levy not

17  more than 2 mills against the taxable value for school

18  purposes to fund:

19         (i)  For the 2003-2004 fiscal year only, the payment of

20  the cost of school buses when a school district contracts with

21  a private entity to provide student transportation services if

22  the district meets the requirements of this paragraph. This

23  paragraph expires July 1, 2004.

24         1.  The district's contract must require that the

25  private entity purchase, own, operate, and maintain one or

26  more school buses of a specific type and size that meet the

27  requirements of s. 1006.25.

28         2.  Each such school bus shall be used for the daily

29  transportation of public school students in the manner

30  required by the school district.

31  

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    Florida Senate - 2003                                   SB 4-A
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 1         3.  Payment for each such school bus shall not exceed

 2  10 percent of the purchase price of the state pool bid.

 3         4.  The proposed expenditure of the funds for this

 4  purpose must have been included in the district school board's

 5  notice of proposed tax for school capital outlay as provided

 6  in s. 200.065(9).

 7  

 8  Violations of these expenditure provisions shall result in an

 9  equal dollar reduction in the Florida Education Finance

10  Program (FEFP) funds for the violating district in the fiscal

11  year following the audit citation.

12         Section 4.  In order to implement Specific

13  Appropriation 59 of the 2003-2004 General Appropriations Act,

14  paragraph (g) of subsection (2) of section 1011.71, Florida

15  Statutes, is amended to read:

16         1011.71  District school tax.--

17         (2)  In addition to the maximum millage levy as

18  provided in subsection (1), each school board may levy not

19  more than 2 mills against the taxable value for school

20  purposes to fund:

21         (g)  Payment of costs directly related to complying

22  with state and federal environmental statutes, rules, and

23  regulations governing school facilities and the cost of

24  property and casualty insurance.

25  

26  Violations of these expenditure provisions shall result in an

27  equal dollar reduction in the Florida Education Finance

28  Program (FEFP) funds for the violating district in the fiscal

29  year following the audit citation.

30         Section 5.  The amendment of section 1011.71, Florida

31  Statutes, by this act shall expire on July 1, 2004, and the

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 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 continued 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 6.  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 7.  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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    Florida Senate - 2003                                   SB 4-A
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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 8.  In order to implement Specific

 6  Appropriations 271, 274, 275, 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 9.  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 10.  In order to implement Specific

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

22  Act:

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

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

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

26  replacement facility by a private contractor for the South

27  Florida Evaluation and Treatment Center in Miami, Florida.

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

29  Statutes, the department may enter into agreements not to

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

31  

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 1  and construct a replacement facility of 200 beds and to

 2  operate all aspects of daily operations within the facility.

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

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

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

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

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

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

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

10  fiscal year.

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

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

13  2004.

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

15         Section 11.  In order to implement Specific

16  Appropriation 519 of the 2003-2004 General Appropriations Act,

17  paragraph (k) of subsection (2) of section 381.0066, Florida

18  Statutes, is amended to read:

19         381.0066  Onsite sewage treatment and disposal systems;

20  fees.--

21         (2)  The minimum fees in the following fee schedule

22  apply until changed by rule by the department within the

23  following limits:

24         (k)  Research: An additional $5 fee shall be added to

25  each new system construction permit issued during fiscal years

26  1996-2004 1996-2003 to be used for onsite sewage treatment and

27  disposal system research, demonstration, and training

28  projects. Five dollars from any repair permit fee collected

29  under this section shall be used for funding the hands-on

30  training centers described in s. 381.0065(3)(j).

31  

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 1  The funds collected pursuant to this subsection must be

 2  deposited in a trust fund administered by the department, to

 3  be used for the purposes stated in this section and ss.

 4  381.0065 and 381.00655.

 5         Section 12.  In order to implement Specific

 6  Appropriation 477 of the 2003-2004 General Appropriations Act,

 7  subsection (6) of section 385.207, Florida Statutes, is

 8  amended to read:

 9         385.207  Care and assistance of persons with epilepsy;

10  establishment of programs in epilepsy control.--

11         (6)  For the 2003-2004 2002-2003 fiscal year only,

12  funds in the Epilepsy Services Trust Fund may be appropriated

13  for epilepsy case management services. This subsection expires

14  July 1, 2004 2003.

15         Section 13.  In order to implement Specific

16  Appropriations 1118-1201 of the 2003-2004 General

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

18  Florida Statutes, is amended to read:

19         216.181  Approved budgets for operations and fixed

20  capital outlay.--

21         (17)  Notwithstanding any other provision of this

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

23  fiscal year only, the Department of Law Enforcement may

24  transfer up to 20 positions and associated budget between

25  budget entities, provided the same funding source is used

26  throughout each transfer. The department may also transfer up

27  to 10 percent of the initial approved salary rate between

28  budget entities, provided the same funding source is used

29  throughout each transfer. The department must provide notice

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

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

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 1  on Criminal Justice Appropriations for all transfers of

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

 3  2003.

 4         Section 14.  In order to implement proviso language

 5  following Specific Appropriation 1103 of the 2003-2004 General

 6  Appropriations Act, the Correctional Privatization Commission

 7  may expend appropriated funds to assist in defraying the costs

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

 9  associated with opening or operating a facility under the

10  authority of the Correctional Privatization Commission or a

11  facility under the authority of the Department of Juvenile

12  Justice which is located within that municipality or county.

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

14  facility may not exceed 1 percent of the facility construction

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

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

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

18         Section 15.  In order to implement Specific

19  Appropriation 1218 of the 2003-2004 General Appropriations

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

21  Florida Statutes, is amended to read:

22         16.555  Crime Stoppers Trust Fund; rulemaking.--

23         (3)

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

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

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

27  salaries and benefits and other expenses of the department.

28  This paragraph expires July 1, 2004 2003.

29         Section 16.  In order to implement Specific

30  Appropriations 1045-1117 of the 2003-2004 General

31  

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

 2  Florida Statutes, is amended to read:

 3         985.4075  One-time startup funding for juvenile justice

 4  purposes.--

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

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

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

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

 9         Section 17.  In order to implement Specific

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

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

12  Statutes, is amended to read:

13         216.262  Authorized positions.--

14         (4)  Notwithstanding the provisions of this chapter on

15  increasing the number of authorized positions, and for the

16  2003-2004 2002-2003 fiscal year only, if the actual inmate

17  population of the Department of Corrections exceeds by 2

18  percent for 2 consecutive months or more the inmate population

19  projected by the most recent Criminal Justice Estimating

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

21  approval of the Legislative Budget Commission, may request

22  positions in excess of the number authorized by the

23  Legislature and sufficient funding from the Working number

24  authorized by the Legislature and sufficient funding from the

25  Working Capital Fund to operate the additional prison bed

26  capacity necessary to accommodate the actual inmate

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

28         Section 18.  In order to implement Specific

29  Appropriations 2592-2598 of the 2003-2004 General

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

31  Statutes, is amended to read:

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 1         287.161  Executive aircraft pool; assignment of

 2  aircraft; charge for transportation.--

 3         (4)  Notwithstanding the requirements of subsections

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

 5  the Department of Management Services shall charge all persons

 6  receiving transportation from the executive aircraft pool a

 7  rate not less than the mileage allowance fixed by the

 8  Legislature for the use of privately owned vehicles. Fees

 9  collected for persons traveling by aircraft in the executive

10  aircraft pool shall be deposited into the Bureau of Aircraft

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

12  the aircraft management activities of the department. It is

13  the intent of the Legislature that the executive aircraft pool

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

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

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

17  2003-2004 General Appropriations Act, subsection (7) of

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

19         110.12315  Prescription drug program.--The state

20  employees' prescription drug program is established.  This

21  program shall be administered by the Department of Management

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

23  established by the relevant provisions of the annual General

24  Appropriations Act and implementing legislation, subject to

25  the following conditions:

26         (7)  Under the state employees' prescription drug

27  program copayments must be made as follows:

28         (a)  Effective January 1, 2001:

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

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

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

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

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

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

 4         (b)  The Department of Management Services shall create

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

 6  administration of the state employees' prescription drug

 7  program.

 8  

 9  This subsection expires July 1, 2004 2003.

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

11  2003-2004 General Appropriations Act, section 110.1239,

12  Florida Statutes, is amended to read:

13         110.1239  State group health insurance program

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

15  the intent of the Legislature that the state group health

16  insurance program be managed, administered, operated, and

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

18  employee health insurance benefits. Inherent in this intent is

19  the recognition that the health insurance liabilities

20  attributable to the benefits offered state employees should be

21  fairly, orderly, and equitably funded. Accordingly:

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

23  necessary to fully fund the state group health insurance

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

25  made after each Self-Insurance Estimating Conference as

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

27  April 1 of each fiscal year.

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

29  budget, shall provide premium rates necessary for full funding

30  of the state group health insurance program, and the

31  Legislature shall provide in the General Appropriations Act

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

 2  group health insurance program.

 3         (3)  For purposes of funding, any additional

 4  appropriation amounts allocated to the state group health

 5  insurance program by the Legislature shall be considered as a

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

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

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

 9  2003-2004 General Appropriations Act, paragraph (c) of

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

11  112.061, Florida Statutes, are amended to read:

12         112.061  Per diem and travel expenses of public

13  officers, employees, and authorized persons.--

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

15  purposes of reimbursement and methods of calculating

16  fractional days of travel, the following principles are

17  prescribed:

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

19  notwithstanding the other provisions of this subsection, for

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

21  per diem basis nor shall a traveler receive subsistence

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

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

24  purposes of reimbursement rates and methods of calculation,

25  per diem and subsistence allowances are divided into the

26  following groups and rates:

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

28  notwithstanding the other provisions of this subsection, for

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

30  per diem basis nor shall a traveler receive subsistence

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

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 1         Section 22.  In order to implement Specific

 2  Appropriations 2132-2155 of the 2003-2004 General

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

 4  Statutes, is amended to read:

 5         468.404  License; fees; renewals.--

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

 7  fees for initial licensing, renewal of license, and

 8  reinstatement of license, none of which fees shall exceed

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

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

11  proportionately fund the expenses of the department which are

12  allocated to the regulation of talent agencies and shall be

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

14  administer this part.

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

16  notwithstanding the provisions of paragraph (a), the

17  department shall assess talent agency license fees at a level

18  sufficient to cover the cost of regulation appropriated in the

19  2003-2004 General Appropriations Act, or any other act passed

20  by the 2003 Legislature containing appropriations for such

21  purpose. This paragraph expires July 1, 2004.

22         Section 23.  In order to implement Specific

23  Appropriation 1624 of the 2003-2004 General Appropriations

24  Act, subsection (14) is added to section 376.3071, Florida

25  Statutes, to read:

26         376.3071  Inland Protection Trust Fund; creation;

27  purposes; funding.--

28         (14)  For the 2003-2004 fiscal year only,

29  notwithstanding the provisions of this section, moneys in the

30  fund may be transferred by the General Appropriations Act to

31  

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 1  the Water Quality Assurance Trust Fund. This subsection

 2  expires July 1, 2004.

 3         Section 24.  In order to implement Specific

 4  Appropriations 1617, 1618, 1619, 1622, 1630, 1635, and 1637A

 5  of the 2003-2004 General Appropriations Act, subsection (10)

 6  is added to section 378.035, Florida Statutes, to read:

 7         378.035  Department responsibilities and duties with

 8  respect to Nonmandatory Land Reclamation Trust Fund.--

 9         (10)  For the 2003-2004 fiscal year only,

10  notwithstanding the provisions of subsections (5) and (6), the

11  department is authorized to expend the moneys appropriated in

12  the General Appropriations Act for the abatement of imminent

13  hazards caused by, and for the closure of, abandoned

14  phosphogypsum stack systems as provided in subsections

15  403.4154(3) and (5), respectively. This subsection expires

16  July 1, 2004.

17         Section 25.  In order to implement Specific

18  Appropriation 2286AU of the 2003-2004 General Appropriations

19  Act, subsection (4) is added to section 215.96, Florida

20  Statutes, to read:

21         215.96  Coordinating council and design and

22  coordination staff.--

23         (4)  The Financial Management Information Board,

24  through the coordinating council, shall provide the necessary

25  planning, implementation, and integration policies,

26  coordination procedures, and reporting processes to facilitate

27  the successful and efficient integration of the central

28  administrative and financial management information systems,

29  including the Florida Accounting Information Retrieval system

30  (FLAIR), Cash Management System (CMS), and FLAIR/CMS

31  replacement project, the payroll system in the Department of

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 1  Financial Services, the Legislative Appropriations

 2  System/Planning and Budgeting Subsystem (LAS/PBS), the State

 3  Purchasing System (SPURS) and MyFlorida Marketplace project,

 4  the Cooperative Personnel Employment Subsystem (COPES) and the

 5  PeopleFirst Outsourcing project, and the State Unified Tax

 6  system (SUNTAX).

 7         (a)  To fulfill this role, the coordinating council

 8  shall establish an Enterprise Resource Planning Integration

 9  Task Force, which shall consist of the coordinating council

10  members plus the Chief Information Officer in the State

11  Technology Office and the Executive Director or designee in

12  the Department of Revenue, who shall serve with voting rights

13  on the task force. The nonvoting ex officio members of the

14  coordinating council shall be nonvoting members of the task

15  force.

16         (b)  The task force shall be established by August 1,

17  2003, and shall remain in existence until the integration

18  goals have been achieved among the FLAIR/CMS Replacement

19  project, SPURS and MyFlorida Marketplace project, COPES and

20  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX

21  system, or until June 30, 2005, whichever is later. The task

22  force shall hold its initial meeting no later than September

23  1, 2003, and shall meet at the call of the chair or at least

24  once every 60 days. In its initial meeting, task force members

25  shall:

26         1.  Adopt a task force charter that identifies major

27  objectives, activities, milestones and deliverables,

28  significant assumptions, and constraints on the task force

29  functions and major stakeholder groups interested in the

30  outcome of the task force.

31  

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 1         2.  Consider and adopt processes by which information

 2  will be collected and business process and technical

 3  integration issues will be raised for analysis and

 4  recommendation by the task force.

 5         3.  Elect a member to serve as vice chair. Any vacancy

 6  in the vice chair position shall be filled by similar election

 7  within 30 days after the date the vacancy is effective.

 8         (c)  The coordinating council shall provide

 9  administrative and technical support to the task force as is

10  reasonably necessary for the task force to effectively and

11  timely carry out its duties and responsibilities. The cost of

12  providing such support may be paid from funds appropriated for

13  the operation of the council or the FLAIR/CMS Replacement

14  project. The task force also may contract for services to

15  obtain specific expertise to analyze, facilitate, and

16  formulate recommendations to address process and technical

17  integration problems that need to be resolved.

18         (d)  Using information and input from project teams and

19  stakeholders responsible for the FLAIR/CMS Replacement

20  project, SPURS and MyFlorida Marketplace project, COPES and

21  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX

22  system, the responsibilities of the task force shall include,

23  but not be limited to:

24         1.  Identifying and documenting central administrative

25  and financial management policies, procedures, and processes

26  that need to be integrated and recommending steps for

27  implementation.

28         2.  Collecting information from the subsystem owners

29  and project teams and developing and publishing a consolidated

30  list of enterprise resource planning functional and technical

31  integration requirements.

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 1         3.  Publishing integration plans and timelines based on

 2  information collected from task force members.

 3         4.  Forming committees, workgroups, and teams as

 4  provided in subsection (3).

 5         5.  Developing recommendations for the Financial

 6  Management Information Board which clearly describe any

 7  business or technical problems that need to be addressed, the

 8  options for resolving the problem, and the recommended

 9  actions.

10         6.  Developing and implementing plans for reporting

11  status of integration efforts.

12         (e)  The task force shall provide recommendations to

13  the Financial Management Information Board for review and

14  approval regarding the technical, procedural, policy, and

15  process requirements and changes that are needed to

16  successfully integrate, implement, and realize the benefits of

17  the enterprise resource planning initiatives associated with

18  the FLAIR/CMS Replacement project, SPURS and MyFlorida

19  Marketplace project, COPES and PeopleFirst project, payroll

20  system, LAS/PBS, and SUNTAX system. The first of these reports

21  should be provided no later than October 3, 2003.

22         (f)  The task force shall monitor, review, and evaluate

23  the progress of the FLAIR/CMS Replacement project, SPURS and

24  MyFlorida Marketplace project, COPES and PeopleFirst project,

25  payroll system, LAS/PBS and SUNTAX system, in implementing the

26  process and technical integration requirements and changes

27  approved by the Financial Management Information Board and in

28  achieving the necessary integration among the central

29  administrative and financial management information systems

30  represented on the task force. The task force shall prepare

31  and submit quarterly reports to the Executive Office of the

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 1  Governor, the chairs of the Senate Appropriations Committee

 2  and the House Appropriations Committee, and the Financial

 3  Management Information Board. Each quarterly report shall

 4  identify and describe the technical, procedural, policy, and

 5  process requirements and changes proposed and adopted by the

 6  board and shall describe the status of the implementation of

 7  these integration efforts, identify any problems, issues, or

 8  risks that require executive-level action, and report actual

 9  costs related to the Enterprise Resource Planning Integration

10  Task Force.

11         (g)  By January 15, 2004, and annually thereafter,

12  until it is disbanded, the Enterprise Resource Planning

13  Integration Task Force shall report to the Financial

14  Management Information Board, the Speaker of the House of

15  Representatives, and the President of the Senate the results

16  of the task force's monitoring, review, and evaluation of

17  enterprise resource planning integration activities and

18  requirements, and any recommendations for statutory changes to

19  be considered by the Legislature.

20         (h)  This subsection expires July 1, 2004.

21         Section 26.  In order to implement Specific

22  Appropriation 2285 of the 2003-2004 General Appropriations

23  Act, paragraph (f) is added to subsection (3) of section

24  601.15, Florida Statutes, to read:

25         601.15  Advertising campaign; methods of conducting;

26  excise tax; emergency reserve fund; citrus research.--

27         (3)

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

29  notwithstanding the provisions of paragraph (e), the

30  commission, upon a majority vote, may reduce the tax rates

31  

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 1  specified in this subsection. This paragraph expires July 1,

 2  2004.

 3         Section 27.  In order to implement Specific

 4  Appropriations 1782 and 1783 of the 2003-2004 General

 5  Appropriations Act, subsection (9) is added to section

 6  372.561, Florida Statutes, to read:

 7         372.561  Recreational licenses, permits, and

 8  authorization numbers to take wild animal life, freshwater

 9  aquatic life, and marine life; issuance; costs; reporting.--

10         (9)  Effective July 1, 2003, the license and permit

11  fees, reporting, and recordkeeping requirements of subsection

12  (6) shall not take effect for any county until the Fish and

13  Wildlife Conservation Commission has implemented an automated

14  licensing system that incorporates the county. Until such

15  system is implemented for each county, the provisions of

16  subsection (6) which were law on June 30, 2003, shall apply.

17  This subsection expires July 1, 2004.

18         Section 28.  In order to implement Specific

19  Appropriation 1637B of the 2003-2004 General Appropriations

20  Act, subsections (3) and (8) of section 376.86, Florida

21  Statutes, are amended to read:

22         376.86  Brownfield Areas Loan Guarantee Program.--

23         (3)  The council may enter into an investment agreement

24  with the Department of Environmental Protection and the State

25  Board of Administration concerning the investment of the

26  earnings accrued and collected upon the investment of the

27  balance of funds maintained in the Nonmandatory Land

28  Reclamation Trust Fund. The investment must be limited as

29  follows:

30         (a)  Not more than $5 million of the investment

31  earnings earned on the investment of the minimum balance of

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 1  the Nonmandatory Land Reclamation Trust Fund in a fiscal year

 2  may be at risk at any time on loan guarantees or as loan loss

 3  reserves. Of that amount, 15 percent shall be reserved for

 4  investment agreements involving predominantly minority-owned

 5  businesses which meet the requirements of subsection (4).

 6         (b)  Such funds at risk at any time The investment

 7  earnings may not be used to guarantee any loan guaranty or

 8  loan loss reserve agreement for a period longer than 5 years.

 9         (8)  The council shall provide an annual report to the

10  Legislature by February 1 of each year describing its

11  activities and agreements approved relating to redevelopment

12  of brownfield areas. This section shall be reviewed by the

13  Legislature by June 30, 2004 October 1, 2003, and a

14  determination made related to the need to continue or modify

15  this section. New loan guarantees may not be approved in 2004

16  2003 until the review by the Legislature has been completed

17  and a determination has been made as to the feasibility of

18  continuing the use of the Nonmandatory Land Reclamation Trust

19  Fund to guarantee portions of loans under this section.

20         Section 29.  The amendment of section 376.86, 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 30.  In order to implement Specific

29  Appropriation 1509 of the 2003-2004 General Appropriations

30  Act, in regard to an exchange of lands contemplated between

31  the Board of Trustees of the Internal Improvement Trust Fund

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 1  and the City of Lakeland, commonly referred to as the "Tenoroc

 2  Exchange," the Legislature finds that the completion of the

 3  land exchange is in the public interest; the lands currently

 4  owned by the board of trustees which are to be conveyed to the

 5  City of Lakeland are no longer needed for conservation

 6  purposes; and the lands proposed to be exchanged are

 7  considered to be of equal value and no further consideration

 8  shall be paid by the board of trustees or the City of

 9  Lakeland. Notwithstanding the requirements of chapters 253,

10  259, and 270, Florida Statutes, the board of trustees and the

11  City of Lakeland shall consummate this exchange no later than

12  August 31, 2003. The board of trustees shall include in the

13  deed of conveyance to the City of Lakeland a deed restriction

14  that limits the use of the portion of the property that was

15  received by the board as a donation to that of a public

16  purpose use by the City of Lakeland. The board of trustees'

17  deed of conveyance of the donated property shall also contain

18  a reverter that automatically reverts title to the board of

19  trustees if the City of Lakeland fails to use the property for

20  a public purpose. This section expires July 1, 2004.

21         Section 31.  In order to implement Specific

22  Appropriation 1430 of the 2003-2004 General Appropriations

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

24  252.373, Florida Statutes, are amended to read:

25         252.373  Allocation of funds; rules.--

26         (1)

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

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

29  the Emergency Management, Preparedness, and Assistance Trust

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

31  This paragraph expires on July 1, 2004 2003.

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

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

 3  Department of Community Affairs shall conduct a review of

 4  funds available in the Emergency Management, Preparedness, and

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

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

 7  determined, the Department of Community Affairs may identify

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

 9  2001-2002 fiscal year that are not required to implement

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

11  the Emergency Management, Preparedness, and Assistance Trust

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

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

14  match requirements for federally approved Hazard Mitigation

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

16  2003.

17         Section 32.  In order to implement proviso language in

18  Specific Appropriation 2014 of the 2003-2004 General

19  Appropriations Act, section 402.3017, Florida Statutes, is

20  amended to read:

21         402.3017  Teacher Education and Compensation Helps

22  (TEACH) scholarship program.--

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

24  child care teacher education and training is a key predictor

25  for determining program quality. The Legislature also finds

26  that low wages for child care workers prevent many from

27  obtaining increased training and education and contribute to

28  high turnover rates.  The Legislature therefore intends to

29  help fund a program which links teacher training and education

30  to compensation and commitment to the field of early childhood

31  education.

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

 2  authorized to contract for the administration of the Teacher

 3  Education and Compensation Helps (TEACH) scholarship program,

 4  which provides educational scholarships to caregivers and

 5  administrators of early childhood programs, family day care

 6  homes, and large family child care homes.

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

 8  implement this section.

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

10  Agency for Workforce Innovation shall administer this section.

11  This subsection expires July 1, 2004 2003.

12         Section 33.  In order to implement Specific

13  Appropriation 2014 of the 2003-2004 General Appropriations

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

15  amended to read:

16         411.01  Florida Partnership for School Readiness;

17  school readiness coalitions.--

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

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

20  2002-2003 only, the first children to be placed in the school

21  readiness program shall be those from families receiving

22  temporary cash assistance and subject to federal work

23  requirements. Subsequent placements shall be pursuant to the

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

25  2004 2003.

26         Section 34.  In order to implement Specific

27  Appropriation 2315M of the 2003-2004 General Appropriations

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

29  amended to read:

30         288.063  Contracts for transportation projects.--

31  

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

 2  funds appropriated for this purpose shall not be subject to

 3  reversion.

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

 5  notwithstanding paragraph (a), funds appropriated for this

 6  purpose in previous years are subject to the reversion

 7  requirements of s. 216.301. This paragraph expires July 1,

 8  2004.

 9         Section 35.  In order to implement Specific

10  Appropriation 2315D of the 2003-2004 General Appropriations

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

12  Florida Statutes, is amended to read:

13         320.08058  Specialty license plates.--

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

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

16  annually distributed as follows:

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

18  Professional Sports Team plate must be deposited into the

19  Professional Sports Development Trust Fund within the Office

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

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

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

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

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

25  Basketball Association, the National Football League, the

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

27  Collegiate Athletic Association Final Four basketball

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

29  funds must be used to support and promote major sporting

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

31  Foundation.

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 1         2.  The remaining proceeds of the Florida Professional

 2  Sports Team license plate must be allocated to the Florida

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

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

 5  be deposited into the Professional Sports Development Trust

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

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

 8  Foundation to promote the economic development of the sports

 9  industry; to distribute licensing and royalty fees to

10  participating professional sports teams; to institute a grant

11  program for communities bidding on minor sporting events that

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

13  to Florida-based charities designated by the Florida Sports

14  Foundation and the participating professional sports teams;

15  and to fulfill the sports promotion responsibilities of the

16  Office of Tourism, Trade, and Economic Development.

17         3.  The Florida Sports Foundation shall provide an

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

19  financial accounts and records by an independent certified

20  public accountant pursuant to the contract established by the

21  Office of Tourism, Trade, and Economic Development as

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

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

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

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

26  Auditor General for review.

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

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

29  proceeds from the Professional Sports Development Trust Fund

30  may also be used for operational expenses of the Florida

31  

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 1  Sports Foundation and financial support of the Sunshine State

 2  Games. This subparagraph expires July 1, 2004.

 3         Section 36.  In order to implement Section 32 of the

 4  2003-2004 General Appropriations Act, subsection (5) is added

 5  to section 339.08, Florida Statutes, to read:

 6         339.08  Use of moneys in State Transportation Trust

 7  Fund.--

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

 9  notwithstanding the provisions of this section and s.

10  339.09(1), $200 million may be transferred from the State

11  Transportation Trust Fund to the General Revenue Fund in the

12  2003-2004 General Appropriations Act. Such transfer may be

13  comprised of several smaller transfers made during the

14  2003-2004 fiscal year. Notwithstanding ss. 206.46(3) and

15  206.606(2), the total amount transferred shall be reduced from

16  total state revenues deposited into the State Transportation

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

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

19         Section 37.  In order to implement Specific

20  Appropriation 1979A of the 2003-2004 General Appropriations

21  Act, section 445.048, Florida Statutes, is amended to read:

22         445.048  Passport to Economic Progress demonstration

23  program.--

24         (1)  AUTHORIZATION.--Notwithstanding any law to the

25  contrary, Workforce Florida, Inc., in conjunction with the

26  Department of Children and Family Services and the Agency for

27  Workforce Innovation, shall implement a Passport to Economic

28  Progress demonstration program by November 1, 2001, consistent

29  with the provisions of this section in Hillsborough, and

30  Manatee, and Sarasota counties. Workforce Florida, Inc., must

31  consult with the applicable regional workforce boards and the

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 1  applicable local offices of the department which serve the

 2  demonstration areas and must encourage community input into

 3  the implementation process.

 4         (2)  WAIVERS.--If Workforce Florida, Inc., in

 5  consultation with the Department of Children and Family

 6  Services, finds that federal waivers would facilitate

 7  implementation of the demonstration program, the department

 8  shall immediately request such waivers, and Workforce Florida,

 9  Inc., shall report to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives if any

11  refusal of the federal government to grant such waivers

12  prevents the implementation of the demonstration program. If

13  Workforce Florida, Inc., finds that federal waivers to

14  provisions of the Food Stamp Program would facilitate

15  implementation of the demonstration program, the Department of

16  Children and Family Services shall immediately request such

17  waivers in accordance with s. 414.175.

18         (3)  INCOME DISREGARD.--In order to provide an

19  additional incentive for employment, and notwithstanding the

20  amount specified in s. 414.095(12), for individuals residing

21  in the areas designated for this demonstration program, the

22  first $300 plus one-half of the remainder of earned income

23  shall be disregarded in determining eligibility for temporary

24  cash assistance. All other conditions and requirements of s.

25  414.095(12) shall continue to apply to such individuals.

26         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

27  to assist them in making the transition to economic

28  self-sufficiency, former recipients of temporary cash

29  assistance residing within the areas designated for this

30  demonstration program shall be eligible for the following

31  benefits and services:

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 1         (a)  Notwithstanding the time period specified in s.

 2  445.030, transitional education and training support services

 3  as specified in s. 445.030 for up to 4 years after the family

 4  is no longer receiving temporary cash assistance;

 5         (b)  Notwithstanding the time period specified in s.

 6  445.031, transitional transportation support services as

 7  specified in s. 445.031 for up to 4 years after the family is

 8  no longer receiving temporary cash assistance; and

 9         (c)  Notwithstanding the time period specified in s.

10  445.032, transitional child care as specified in s. 445.032

11  for up to 4 years after the family is no longer receiving

12  temporary cash assistance.

13  

14  All other provisions of ss. 445.030, 445.031, and 445.032

15  shall apply to such individuals, as appropriate. This

16  subsection does not constitute an entitlement to transitional

17  benefits and services. If funds are insufficient to provide

18  benefits and services under this subsection, the board of

19  directors of Workforce Florida, Inc., may limit such benefits

20  and services or otherwise establish priorities for the

21  provisions of such benefits and services.

22         (4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--

23         (a)  The Legislature finds that:

24         1.  There are former recipients of temporary cash

25  assistance who are working full time but whose incomes are

26  below the poverty level.

27         2.  Having incomes below the federal poverty level

28  makes such individuals particularly vulnerable to reliance on

29  public assistance despite their best efforts to achieve or

30  maintain economic independence through employment.

31  

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 1         3.  It is necessary to implement a performance-based

 2  program that defines economic incentives for achieving

 3  specific benchmarks toward self-sufficiency while the

 4  individual is working full time.

 5         (b)  Workforce Florida, Inc., in cooperation with the

 6  Department of Children and Family Services and the Agency for

 7  Workforce Innovation, shall offer performance-based incentive

 8  bonuses as a component of the Passport to Economic Progress

 9  demonstration program in the areas of the state which are

10  designated for demonstration programs. The bonuses do not

11  represent a program entitlement and shall be contingent on

12  achieving specific benchmarks prescribed in the

13  self-sufficiency plan. If the funds appropriated for this

14  purpose are insufficient to provide this financial incentive,

15  the board of directors of Workforce Florida, Inc., shall

16  reduce or suspend the bonuses in order not to exceed the

17  appropriation.

18         (5)  WAGE SUPPLEMENTATION.--

19         (a)  The Legislature finds that:

20         1.  There are former recipients of temporary cash

21  assistance who are working full time but whose incomes are

22  below the federal poverty level.

23         2.  Having incomes below the federal poverty level

24  makes such individuals particularly vulnerable to reliance on

25  public assistance despite their best efforts to achieve or

26  maintain economic independence through employment.

27         3.  It is necessary to supplement the wages of such

28  individuals for a limited period of time in order to assist

29  them in fulfilling the transition to economic

30  self-sufficiency.

31  

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 1         (b)  Workforce Florida, Inc., in cooperation with the

 2  Department of Children and Family Services and the Agency for

 3  Workforce Innovation, shall create a transitional wage

 4  supplementation program by November 1, 2001, as a component of

 5  the Passport to Economic Progress demonstration program in the

 6  areas designated for the demonstration program. This wage

 7  supplementation program does not constitute an entitlement to

 8  wage supplementation. If funds appropriated are insufficient

 9  to provide wage supplementation, the board of directors of

10  Workforce Florida, Inc., may limit wage supplementation or

11  otherwise establish priorities for wage supplementation.

12         (c)  To be eligible for wage supplementation under this

13  subsection, an individual must:

14         1.  Be a former recipient of temporary cash assistance

15  who last received such assistance on or after January 1, 2000;

16         2.  Be employed full time, which for the purposes of

17  this subsection means employment averaging at least 32 hours

18  per week, or, following Congressional passage of legislation

19  reauthorizing Temporary Assistance to Needy Families, comply

20  with the employment requirements of the reauthorized law; and

21         3.  Have an average family income for the 6 months

22  preceding the date of application for wage supplementation

23  which is less than 100 percent of the federal poverty level.

24         (d)  Workforce Florida, Inc., shall determine the

25  schedule for the payment of wage supplementation under this

26  subsection. An individual eligible for wage supplementation

27  under this subsection may receive a payment that equals the

28  amount necessary to bring the individual's total family income

29  for the period covered by the payment to 100 percent of the

30  federal poverty level. An individual may not receive wage

31  supplementation payments for more than a total of 12 months.

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 1         (e)  The wage supplementation program authorized by

 2  this subsection shall be administered through the regional

 3  workforce boards and the one-stop delivery system, under

 4  policy guidelines, criteria, and applications developed by

 5  Workforce Florida, Inc., in cooperation with the Department of

 6  Children and Family Services and the Agency for Workforce

 7  Innovation. To the maximum extent possible, the regional

 8  workforce boards shall use electronic debit card technologies

 9  to provide wage supplementation payments under this program.

10         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

11  Florida, Inc., in conjunction with the Department of Children

12  and Family Services, the Agency for Workforce Innovation, and

13  the regional workforce boards in the areas designated for this

14  demonstration program, shall conduct a comprehensive

15  evaluation of the effectiveness of the demonstration program

16  operated under this section. By January 1, 2005 2003,

17  Workforce Florida, Inc., shall submit a report on such

18  evaluation to the Governor, the President of the Senate, and

19  the Speaker of the House of Representatives. The report must

20  include recommendations as to whether the demonstration

21  program should be expanded to other service areas or statewide

22  and whether the program should be revised to enhance its

23  administration or effectiveness.

24         (6)(7)  CONFLICTS.--If there is a conflict between the

25  implementation procedures described in this section and

26  federal requirements and regulations, federal requirements and

27  regulations shall control.

28         Section 38.  The amendment of section 445.048, 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 39.  In order to implement Specific

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

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

 8  Statutes, is amended to read:

 9         443.036  Definitions.--As used in this chapter, unless

10  the context clearly requires otherwise:

11         (7)  BASE PERIOD.--

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

13  five completed calendar quarters immediately preceding the

14  first day of an individual's benefit year.

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

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

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

18  period to qualify for benefits, the Agency for Workforce

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

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

21  "alternative base period" means the last four completed

22  calendar quarters immediately preceding the first day of an

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

24  establish a monetarily eligible benefit year may not be

25  applied to establish monetary eligibility in any succeeding

26  benefit year. If information regarding wages for the calendar

27  quarter or quarters immediately preceding the benefit year has

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

29  regular quarterly reports of wage information or is otherwise

30  unavailable, the Agency for Workforce Innovation shall request

31  such information from the employer. An employer must provide

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 1  the requested wage information within 10 days after receiving

 2  a request from the Agency for Workforce Innovation. An

 3  employer who fails to provide the requested wage information

 4  within the required time is subject to the penalty for

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

 6  July 1, 2004.

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

 8  determinations based upon the alternative base period under

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

10  unable to access the wage information through its mainframe

11  database, the agency may base the determination of eligibility

12  for benefits on an affidavit submitted by the individual with

13  respect to wages for those calendar quarters. The individual

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

15  the affidavit. A determination of benefits based upon an

16  alternative base period shall be adjusted when the quarterly

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

18  that information causes a change in the determination. This

19  paragraph expires July 1, 2004.

20         Section 40.  In order to implement Specific

21  Appropriation 2286AP, of the 2003-2004 General Appropriations

22  Act:

23         (1)  The Chief Financial Officer shall provide to the

24  Legislature detailed information on all costs of court-related

25  services provided by the counties for the county fiscal year

26  that ended September 30, 2002. The required information must

27  be provided to the Chief Financial Officer by the clerks of

28  the court, or the appropriate county officer in counties where

29  the clerk of the court is not the county's chief financial

30  officer, in such manner as is prescribed by the Chief

31  Financial Officer and subject to reporting deadlines

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 1  prescribed by the Chief Financial Officer. The clerks of the

 2  court, state attorneys, public defenders, court

 3  administrators, boards of county commissioners, and sheriffs

 4  must provide such assistance to the Chief Financial Officer in

 5  gathering the necessary cost data as is requested by the Chief

 6  Financial Officer. The Legislative Committee on

 7  Intergovernmental Relations also shall assist in gathering and

 8  assessing the cost data and provide technical assistance as

 9  requested by the Chief Financial Officer. The Auditor General

10  shall provide technical advice with respect to the gathering

11  and analysis of the cost data.

12         (2)  Cost information shall be reported to the Chief

13  Financial Officer at the transaction code level and, for

14  specific transaction codes specified by the Chief Financial

15  Officer, object and sub-object level, as set forth in the

16  Uniform Accounting System Manual developed by the Chief

17  Financial Officer pursuant to section 218.33, Florida

18  Statutes. In addition, costs must be reported for such

19  specific programs or purposes categories as are determined

20  necessary by the Chief Financial Officer. Cost information

21  provided for such programs or purposes includes identification

22  of the specific account classifications within the Uniform

23  Accounting System Manual to which the costs were recorded. The

24  clerks of the court, or the appropriate county officer in

25  counties where the clerk of the court is not the county's

26  chief financial officer, must reconcile the cost information

27  provided to the Chief Financial Officer with the Annual

28  Financial Report, which is required by section 218.32, Florida

29  Statutes. The clerks of the court must provide the Chief

30  Financial Officer with written certification, signed by the

31  clerks of the court, state attorneys, public defenders, court

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 1  administrators, boards of county commissions' chairpersons,

 2  and sheriffs attesting to the accuracy of the cost

 3  information.

 4         (3)  The Chief Financial Officer shall reimburse

 5  individuals for travel costs incurred as a result of

 6  participation in the gathering and analysis of the cost data

 7  from funds specifically appropriated for such purpose.

 8         (4)  The Chief Financial Officer shall provide a report

 9  to the chairs of the Senate and House of Representatives

10  appropriations committees no later than November 1, 2003,

11  summarizing the court-related cost information submitted by

12  the clerks of the court.

13         Section 41.  In order to implement Specific

14  Appropriations 835, 836, 870, 872, 880, 882, 890, 900, and 902

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

16  added to section 413.4021, Florida Statutes, to read:

17         413.4021  Pilot program participant county selection;

18  tax collection enforcement diversion program.--The Department

19  of Revenue, in coordination with the Florida Association of

20  Centers for Independent Living and the Florida Prosecuting

21  Attorneys Association, shall select four counties in which to

22  operate the pilot program. The association and the state

23  attorneys' offices in Duval County and the four pilot program

24  counties shall develop and implement a tax collection

25  enforcement diversion program, which shall collect revenue due

26  from persons who have not remitted their collected sales tax.

27  The criteria for referral to the tax collection enforcement

28  diversion program shall be determined cooperatively between

29  the state attorneys' offices in those counties and the

30  Department of Revenue.

31  

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 1         (4)  For the 2003-2004 fiscal year only and

 2  notwithstanding the provisions of subsection (1), 50 percent

 3  of the revenues collected from the tax collection enforcement

 4  diversion program shall be deposited into the operating

 5  account of the Florida Endowment Foundation for Vocational

 6  Rehabilitation, to be used to implement the personal care

 7  attendant pilot program and to contract with the state

 8  attorneys participating in the tax collection enforcement

 9  diversion program in an amount of not more than $50,000 for

10  each state attorney. This subsection expires July 1, 2004.

11         Section 42.  In order to implement Section 25 of the

12  2003-2004 General Appropriations Act, paragraph (b) of

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

14  reenacted to read:

15         215.32  State funds; segregation.--

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

17  as follows:

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

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

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

21  or branch of state government receiving or collecting such

22  moneys shall be responsible for their proper expenditure as

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

24  branch of state government responsible for the administration

25  of the trust fund, the Comptroller may establish accounts

26  within the trust fund at a level considered necessary for

27  proper accountability. Once an account is established within a

28  trust fund, the Comptroller may authorize payment from that

29  account only upon determining that there is sufficient cash

30  and releases at the level of the account.

31  

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

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

 3  branch may consolidate, if permitted under the terms and

 4  conditions of their receipt, the trust funds administered by

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

 6  effectively a uniform system of accounts sufficient to

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

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

 9  Governor or the Chief Justice.

10         3.  All such moneys are hereby appropriated to be

11  expended in accordance with the law or trust agreement under

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

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

14  applicable laws relating to the deposit or expenditure of

15  moneys in the State Treasury.

16         4.a.  Notwithstanding any provision of law restricting

17  the use of trust funds to specific purposes, unappropriated

18  cash balances from selected trust funds may be authorized by

19  the Legislature for transfer to the Budget Stabilization Fund

20  and Working Capital Fund in the General Appropriations Act.

21         b.  This subparagraph does not apply to trust funds

22  required by federal programs or mandates; trust funds

23  established for bond covenants, indentures, or resolutions

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

25  to meet debt service or other financial requirements of any

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

27  Transportation Trust Fund; the trust fund containing the net

28  annual proceeds from the Florida Education Lotteries; the

29  Florida Retirement System Trust Fund; trust funds under the

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

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

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

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

 3  the Comptroller or state agencies; trust funds that account

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

 5  or fiduciary for individuals, private organizations, or other

 6  governmental units; and other trust funds authorized by the

 7  State Constitution.

 8         Section 43.  A section of this act that implements a

 9  specific appropriation or specifically identified proviso

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

11  if the specific appropriation or specifically identified

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

13  implements more than one specific appropriation or more than

14  one portion of specifically identified proviso language in the

15  2003-2004 General Appropriations Act is void if all the

16  specific appropriations or portions of specifically identified

17  proviso language are vetoed.

18         Section 44.  If any other act passed in 2003 contains a

19  provision that is substantively the same as a provision in

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

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

22  Legislature intends that the provision in the other act shall

23  take precedence and shall continue to operate, notwithstanding

24  the future repeal provided by this act.

25         Section 45.  The agency performance measures and

26  standards in the document entitled "Performance Measures and

27  Standards Approved by the Legislature for Fiscal Year

28  2003-2004" dated May 12, 2003, and filed with the Secretary of

29  the Senate are incorporated by reference. Such performance

30  measures and standards are directly linked to the

31  appropriations made in the General Appropriations Act for

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

 2  Performance and Accountability Act of 1994. State agencies are

 3  directed to revise their long-range program plans required

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

 5  these performance measures and standards.

 6         Section 46.  If any law that is amended by this act was

 7  also amended by a law enacted at the 2003 Regular Session of

 8  the Legislature, such laws shall be construed as if they had

 9  been enacted during the same session of the Legislature, and

10  full effect should be given to each if that is possible.

11         Section 47.  If any provision of this act or its

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

13  invalidity does not affect other provisions or applications of

14  the act which can be given effect without the invalid

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

16  this act are severable.

17         Section 48.  Except as otherwise expressly provided in

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

19  act fails to become a law until after that date, it shall take

20  effect upon becoming a law and shall operate retroactively to

21  July 1, 2003.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Implements the 2003-2004 General Appropriations Act.

26  

27  

28  

29  

30  

31  

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