Senate Bill sb0004A
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.--
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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:
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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:
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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.
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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,
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 4-A
28-2571C-03
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
46
CODING: Words stricken are deletions; words underlined are additions.