Senate Bill sb0004Ae1

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    SB 4-A                                         First Engrossed



  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; authorizing school districts to use funds

  7         received pursuant to ss. 206.41(4)(e) and

  8         206.625, F.S., for student transportation

  9         services; authorizing the Department of

10         Education to conduct a pilot program for school

11         districts to purchase used instructional

12         materials from third-party vendors; amending s.

13         17.076, F.S.; providing an exception to a

14         public records exemption; amending s. 112.215,

15         F.S.; including employees of state university

16         boards of trustees in the definition of

17         "employee" for purposes of the deferred

18         compensation program; amending s. 287.064,

19         F.S.; authorizing state universities to

20         continue to participate in the consolidated

21         equipment financing program; amending s.

22         440.38, F.S.; including state universities as

23         self-insurers for purposes of workers'

24         compensation; creating s. 1010.10, F.S.;

25         creating the Florida Uniform Management of

26         Institutional Funds Act; providing definitions;

27         providing for expenditure of endowment funds by

28         a governing board; providing for a standard of

29         conduct; providing investment authority;

30         providing for delegation of investment

31         management; providing for investment costs;


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    SB 4-A                                         First Engrossed



 1         providing for uniformity of application and

 2         construction; providing for a demonstration

 3         project at Florida Agricultural and Mechanical

 4         University; renaming Chipola Junior College and

 5         Miami-Dade Community College; providing for a

 6         transfer of certain lands from the University

 7         of Florida to Florida Atlantic University;

 8         amending s. 1011.71, F.S.; allowing school

 9         boards to make payments toward the cost of

10         school buses owned by certain student

11         transportation contract providers; providing

12         requirements; requiring grant funds

13         appropriated for districts with high growth in

14         student enrollment to be awarded to districts

15         that meet specified criteria; providing a

16         methodology for calculating grants; amending

17         ss. 430.204 and 430.205, F.S.; requiring the

18         Department of Elderly Affairs to fund certain

19         community care services and core services for

20         the elderly; amending s. 216.292, F.S.;

21         authorizing the Department of Children and

22         Family Services to transfer funds within the

23         family safety program; amending s. 561.121,

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

25         Adolescents Substance Abuse Trust Fund may also

26         be used for the purpose of funding programs

27         directed at reducing and eliminating substance

28         abuse problems among adults; amending s.

29         381.0066, F.S.; continuing the additional fee

30         on new construction permits for onsite sewage

31         treatment and disposal systems the proceeds of


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    SB 4-A                                         First Engrossed



 1         which are used for system research,

 2         demonstration, and training projects; amending

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

 4         funds in the Epilepsy Services Trust Fund for

 5         epilepsy case management services; amending s.

 6         409.1671, F.S.; requiring that funds for

 7         privatized foster care and related services be

 8         allocated in accordance with a methodology

 9         adopted by the Department of Children and

10         Family Services by rule and granting rulemaking

11         authority for such purpose; providing for lump

12         sum funding in the Department of Children and

13         Family Services to provide for continuity of

14         foster care under certain circumstances;

15         amending s. 394.908, F.S.; providing for

16         substance abuse and mental health funding

17         equity as provided in the General

18         Appropriations Act; amending s. 20.19, F.S.;

19         requiring specific authority for transfer of

20         funds by the Department of Children and Family

21         Services; amending s. 381.79, F.S.; providing

22         conditions for disbursement of funds

23         appropriated for brain and spinal cord injury

24         research; amending s. 216.181, F.S.;

25         authorizing the Department of Law Enforcement

26         to transfer positions and associated budgets

27         and a certain percentage of salary rate between

28         budget entities and providing requirements with

29         respect thereto; authorizing the Correctional

30         Privatization Commission to make certain

31         expenditures to defray costs incurred by a


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    SB 4-A                                         First Engrossed



 1         municipality or county as a result of opening

 2         or operating a facility under authority of the

 3         commission or the Department of Juvenile

 4         Justice; amending s. 16.555, F.S.; authorizing

 5         use of the Crime Stoppers Trust Fund to pay for

 6         salaries and benefits and other expenses of the

 7         Department of Legal Affairs; amending s.

 8         985.4075, F.S.; prohibiting the use of juvenile

 9         justice appropriations made for operations as

10         one-time startup funding for fixed capital

11         outlay; amending s. 216.262, F.S.; providing

12         for additional positions to operate additional

13         prison bed capacity under certain

14         circumstances; authorizing the Department of

15         Law Enforcement to use certain moneys to

16         provide bonuses to employees for meritorious

17         performance, subject to review; amending s.

18         932.7055, F.S.; allowing municipal special law

19         enforcement trust funds to be used to reimburse

20         certain loans from municipalities; amending s.

21         287.161, F.S.; requiring the Department of

22         Management Services to charge all persons

23         receiving transportation from the executive

24         aircraft pool a specified rate; amending s.

25         110.12315, F.S.; providing copayment

26         requirements for the state employees'

27         prescription drug program; amending ss.

28         121.1115, 121.1122, F.S., relating to purchase

29         of retirement credits; permitting purchase of

30         additional years of out-of-state and federal

31         service not aggregated with certain in-state


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    SB 4-A                                         First Engrossed



 1         service; establishing the rate of increase for

 2         legislative salaries; providing for the budget

 3         of the Council for Education Policy Research

 4         and Improvement to be administered by the

 5         Auditor General; providing that the council is

 6         otherwise independent; authorizing the

 7         Executive Office of the Governor to transfer

 8         funds between departments for purposes of

 9         aligning amounts paid for risk management

10         premiums and for purposes of aligning amounts

11         paid for human resource management services;

12         amending s. 110.1239, F.S.; providing

13         requirements for the funding of the state group

14         health insurance program; amending s. 112.061,

15         F.S.; providing for computation of travel time

16         and reimbursement for public officers' and

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

18         requiring talent agency license fees equal to

19         costs of regulation; amending s. 378.035, F.S.;

20         permitting expenditure of moneys appropriated

21         for abatement of imminent hazards caused by,

22         and for closure of, abandoned phosphogypsum

23         stacks; amending s. 215.96, F.S.; requiring the

24         Financial Management Information Board to

25         provide certain policies, procedures, and

26         processes for integration of central

27         administrative and financial information

28         systems; requiring a task force; specifying

29         membership and responsibilities; requiring

30         recommendations on specific information systems

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


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    SB 4-A                                         First Engrossed



 1         permitting the Florida Citrus Commission to

 2         reduce certain statutory citrus tax rates by

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

 4         permitting counties to retain certain hunting

 5         and fishing fees until the Fish and Wildlife

 6         Conservation Commission implements an automated

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

 8         revising certain restrictions on investing

 9         funds maintained in the Nonmandatory Land

10         Reclamation Trust Fund; providing for a

11         schedule for legislative review of the

12         Brownfield Areas Loan Guarantee Program;

13         providing for future repeal or expiration;

14         amending s. 581.184, F.S.; requiring notice to

15         the property owner of the removal of infected

16         citrus trees or citrus trees exposed to

17         infection; amending s. 581.1845, F.S.; revising

18         eligibility for compensation of homeowners

19         under the citrus canker eradication program;

20         prescribing the amount of compensation for

21         trees taken in the citrus canker eradication

22         program; amending s. 253.025, F.S.; providing

23         that the use of funds allocated to the

24         Relocation and Construction Trust Fund shall be

25         as provided in the General Appropriations ACt;

26         amending s. 570.544, F.S.; reducing consumer

27         complaint processing responsibilities of the

28         Division of Consumer Services of the Department

29         of Agriculture and Consumer Services; amending

30         ss. 526.3135, 559.921, F.S., to conform;

31         amending s. 259.105, F.S.; permitting an


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    SB 4-A                                         First Engrossed



 1         additional allocation of Florida Forever moneys

 2         appropriated for water management districts;

 3         directing the Department of Environmental

 4         Protection to make specified awards of grant

 5         moneys for pollution control purposes;

 6         providing for an agreement between the

 7         Department of Agriculture and Consumer Services

 8         and the Department of Transportation for the

 9         construction of an agricultural interdiction

10         station in Escambia County; prohibiting the

11         Department of Business and Professional

12         Regulation and the Florida Engineers Management

13         Corporation from taking actions against certain

14         persons; amending s. 195.022, F.S.; limiting

15         the responsibility of the Department of Revenue

16         to furnish certain ad valorem tax forms to

17         specified local officials; requiring certain

18         counties to reproduce the forms; amending s.

19         252.373, F.S.; providing for use of funds of

20         the Emergency Management, Preparedness, and

21         Assistance Trust Fund, including the use of

22         certain funds as state matching funds for

23         federally approved Hazard Mitigation Grant

24         Program projects; amending s. 402.3017, F.S.;

25         providing for administration of the Teacher

26         Education and Compensation Helps (TEACH)

27         scholarship program by the Agency for Workforce

28         Innovation; amending s. 411.01, F.S.; providing

29         priority for placement of children in the

30         school readiness program; amending s. 288.063,

31         F.S.; providing for funds for certain


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    SB 4-A                                         First Engrossed



 1         transportation projects approved by the Office

 2         of Tourism, Trade, and Economic Development to

 3         be subject to reversion; amending s. 320.08058,

 4         F.S.; authorizing proceeds from the

 5         Professional Sports Development Trust Fund to

 6         be used for operational expenses of the Florida

 7         Sports Foundation and financial support of the

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

 9         transferring $200 million from the State

10         Transportation Trust Fund to the General

11         Revenue Fund; reducing the amount transferred

12         from certain transportation calculation

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

14         continuing and expanding the Passport to

15         Economic Progress demonstration project;

16         postponing the repeal of ss. 288.9511,

17         288.9515, 288.9517, F.S., relating to

18         technology development activities of Enterprise

19         Florida, Inc.; amending s. 376.875, F.S.;

20         providing additional uses of the Brownfield

21         Property Ownership Clearance Assistance

22         Revolving Loan Trust Fund; requiring the Chief

23         Financial Officer to report on costs of

24         court-related services provided by the

25         counties; providing specific requirements;

26         providing for reimbursement of certain

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

28         additional revenues from the tax collection

29         enforcement diversion program to be used for

30         the personal care attendant pilot program and

31         for state attorney contracts; amending s.


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    SB 4-A                                         First Engrossed



 1         27.701, F.S.; providing for a pilot program

 2         using a registry of attorneys instead of the

 3         capital collateral regional counsel in the

 4         northern region of the state; requiring certain

 5         qualification; requiring a report; amending s.

 6         27.709, F.S.; expanding the jurisdiction of the

 7         Commission on Capital Cases; amending s.

 8         27.711, F.S.; providing for compensation of

 9         counsel in the pilot program; providing for

10         limitations on such counsel; amending s.

11         27.702, F.S.; requiring reports from attorneys

12         participating in the pilot program; amending

13         enrolled House Bill 439 from the 2003 Regular

14         Session; repealing certain authority for

15         attorney ad litem demonstration projects;

16         transferring a position on an earlier date;

17         providing for the effect of a veto of a

18         specific appropriation or proviso to which

19         implementing provisions refer; providing

20         applicability to other legislation;

21         incorporating by reference specified

22         performance measures and standards directly

23         linked to the appropriations made in the

24         2003-2004 General Appropriations Act, as

25         required by the Government Performance and

26         Accountability Act of 1994, including measures

27         and standards specifically applicable to the

28         Department of Environmental Protection;

29         providing for construction of the act in pari

30         materia with laws enacted during the Regular

31         Session of the Legislature; providing for


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    SB 4-A                                         First Engrossed



 1         severability; providing for retroactive

 2         application; providing effective dates.

 3  

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

 5  

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

 7  the implementing and administering provisions of this act

 8  apply to the General Appropriations Act for fiscal year

 9  2003-2004.

10         Section 2.  In order to implement Specific

11  Appropriations 7-11, 12A-14E, 123-127, and 130 and sections

12  9-11 of the 2003-2004 General Appropriations Act:

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

14  effective July 1, 2003, from the state accounting system

15  (FLAIR) shall utilize the state accounting system for fiscal

16  year 2003-2004 but is not required to provide funds to the

17  Department of Financial Services for its utilization.

18         (2)  Notwithstanding the provisions of sections

19  216.181, 216.292, and 1011.4105, Florida Statutes, and

20  pursuant to section 216.351, Florida Statutes, funds

21  appropriated or reappropriated to the state universities in

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

23  passed by the 2003 Legislature containing appropriations,

24  shall be distributed to each university according to the

25  2003-2004 fiscal year operating budget approved by the

26  university board of trustees. Each university board of

27  trustees shall have authority to amend the operating budget as

28  circumstances warrant. The operating budget may utilize

29  traditional appropriation categories or it may consolidate the

30  appropriations into a special category appropriation account.

31  The Chief Financial Officer, upon the request of the


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    SB 4-A                                         First Engrossed



 1  university board of trustees, shall record by journal transfer

 2  the distribution of the appropriated funds and releases

 3  according to the approved operating budget to the

 4  appropriation accounts established for disbursement purposes

 5  for each university within the state accounting system

 6  (FLAIR).

 7         (3)  Notwithstanding the provisions of sections

 8  216.181, 216.292, and 1011.4105, Florida Statutes, and

 9  pursuant to section 216.351, Florida Statutes, each university

10  board of trustees shall include in an approved operating

11  budget the revenue in trust funds supported by student and

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

13  Grants, and Donations, Auxiliary Enterprises, and Sponsored

14  Research budget entities. The university board of trustees

15  shall have the authority to amend the operating budget as

16  circumstances warrant. The operating budget may utilize

17  traditional appropriation categories or it may consolidate the

18  trust fund spending authority into a special category

19  appropriation account. The Chief Financial Officer, upon the

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

21  distribution of the trust fund spending authority and releases

22  according to the approved operating budget to the

23  appropriation accounts established for disbursement purposes

24  for each university within the state accounting system

25  (FLAIR).

26         (4)  Notwithstanding those provisions of sections

27  216.181, 216.292, and 1011.4105, Florida Statutes, which are

28  inconsistent with the provisions of this subsection and

29  pursuant to section 216.351, Florida Statutes, fixed capital

30  outlay funds appropriated or reappropriated in the 2003-2004

31  General Appropriations Act, or any other act passed by the


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    SB 4-A                                         First Engrossed



 1  2003 Legislature containing fixed capital outlay

 2  appropriations, for universities that have made the

 3  transition, effective July 1, 2003, from the state accounting

 4  system (FLAIR) shall be administered by the Department of

 5  Education and shall be distributed to the universities as

 6  needed for projects based upon estimated invoices to be paid

 7  during the following 30 days or as required by bond documents.

 8  For undisbursed fixed capital outlay appropriations from prior

 9  fiscal years for universities that have made the transition,

10  effective July 1, 2003, from the state accounting system

11  (FLAIR), the Executive Office of the Governor and the Chief

12  Financial Officer shall have authority to transfer such

13  undisbursed fixed capital outlay appropriations into

14  appropriations under the Department of Education for

15  distribution to the universities as needed for projects based

16  on estimated invoices to be paid during the following 30 days

17  or as required by bond documents. Expenditure of fixed capital

18  outlay appropriations shall be consistent with legislative

19  policy and intent.

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

21         Section 3.  In order to implement Specific

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

23  notwithstanding the provisions of sections 206.41(4)(e) and

24  206.625(2), Florida Statutes, for the 2003-2004 fiscal year

25  only, a district school board that has completely addressed

26  district needs associated with the construction,

27  reconstruction, and maintenance of roads and has a fund

28  balance remaining may expend such balance for student

29  transportation services. Funds transferred pursuant to this

30  section for student transportation services shall not exceed

31  


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    SB 4-A                                         First Engrossed



 1  the actual amount expended for such services. This section

 2  expires July 1, 2004.

 3         Section 4.  In order to implement Specific

 4  Appropriation 60 of the 2003-2004 General Appropriations Act,

 5  notwithstanding the provisions of section 1006.37, Florida

 6  Statutes, for the 2003-2004 fiscal year only, the Department

 7  of Education may conduct a pilot program to enable selected

 8  school districts to realize cost savings without loss of

 9  quality or availability for individual students in the

10  purchase of used instructional materials. The school districts

11  of Hernando County, Pasco County, Seminole County, and Polk

12  County may participate in the pilot program. Charter schools

13  in such school districts shall be eligible to participate in

14  the pilot program. When a secondhand book dealer or other

15  third-party book vendor provides used adopted instructional

16  materials to a school district, the dealer or vendor must

17  certify the availability of the used instructional material,

18  provide the International Standard Book Number of each of the

19  used instructional materials, and certify that such materials

20  are not samples or first printings, are the most currently

21  adopted, Florida-specific instructional materials, and conform

22  to the Sunshine State Standards. The state is not responsible

23  for financial loss caused by the school district's deviating

24  from the requirements of section 1006.37, Florida Statutes.

25  The Department of Education shall submit to the President of

26  the Senate and the Speaker of the House of Representatives for

27  consideration during the 2004 Regular Session a report of the

28  cost savings to school districts based on results of the pilot

29  program. This section expires July 1, 2004.

30         Section 5.  In order to implement Specific

31  Appropriations 123-130 of the 2003-2004 General Appropriations


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    SB 4-A                                         First Engrossed



 1  Act, subsection (5) of section 17.076, Florida Statutes, is

 2  amended to read:

 3         17.076  Direct deposit of funds.--

 4         (5)  All direct deposit records made prior to October

 5  1, 1986, are exempt from the provisions of s. 119.07(1). With

 6  respect to direct deposit records made on or after October 1,

 7  1986, the names of the authorized financial institutions and

 8  the account numbers of the beneficiaries are confidential and

 9  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

10  I of the State Constitution. Notwithstanding this exemption

11  and the provisions of s. 119.07(3)(dd), the department may

12  provide a state university, upon request, with that

13  university's employee or vendor direct deposit authorization

14  information on file with the department in order to

15  accommodate the transition to the university accounting

16  system. The state university shall maintain the

17  confidentiality of all such information provided by the

18  department.

19         Section 6.  The amendment of section 17.076, Florida

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

21  text of that section shall revert to that in existence on June

22  30, 2003, except that any amendments to such text enacted

23  other than by this act shall be preserved and continue to

24  operate to the extent that such amendments are not dependent

25  upon the portions of such text which expire pursuant to the

26  provisions of this act.

27         Section 7.  In order to implement Specific

28  Appropriations 123-130 of the 2003-2004 General Appropriations

29  Act, subsection (2) of section 112.215, Florida Statutes, is

30  amended to read:

31  


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    SB 4-A                                         First Engrossed



 1         112.215  Government employees; deferred compensation

 2  program.--

 3         (2)  For the purposes of this section, the term

 4  "employee" means any person, whether appointed, elected, or

 5  under contract, providing services for the state; any state

 6  agency or county or other political subdivision of the state;

 7  any municipality; any state university board of trustees; or

 8  any constitutional county officer under s. 1(d), Art. VIII of

 9  the State Constitution for which compensation or statutory

10  fees are paid.

11         Section 8.  The amendment of section 112.215, Florida

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

13  text of that section shall revert to that in existence on June

14  30, 2003, except that any amendments to such text enacted

15  other than by this act shall be preserved and continue to

16  operate to the extent that such amendments are not dependent

17  upon the portions of such text which expire pursuant to the

18  provisions of this act.

19         Section 9.  In order to implement Specific

20  Appropriations 123-130 of the 2003-2004 General Appropriations

21  Act, subsections (1) through (6) of section 287.064, Florida

22  Statutes, are amended to read:

23         287.064  Consolidated financing of deferred-payment

24  purchases.--

25         (1)  The Division of Bond Finance of the State Board of

26  Administration and the Comptroller shall plan and coordinate

27  deferred-payment purchases made by or on behalf of the state

28  or its agencies or by or on behalf of state universities or

29  state community colleges participating under this section

30  pursuant to s. 1001.74(5) or s. 1001.64(26), respectively. The

31  Division of Bond Finance shall negotiate and the Comptroller


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    SB 4-A                                         First Engrossed



 1  shall execute agreements and contracts to establish master

 2  equipment financing agreements for consolidated financing of

 3  deferred-payment, installment sale, or lease purchases with a

 4  financial institution or a consortium of financial

 5  institutions. As used in this act, the term "deferred-payment"

 6  includes installment sale and lease-purchase.

 7         (a)  The period during which equipment may be acquired

 8  under any one master equipment financing agreement shall be

 9  limited to not more than 3 years.

10         (b)  Repayment of the whole or a part of the funds

11  drawn pursuant to the master equipment financing agreement may

12  continue beyond the period established pursuant to paragraph

13  (a).

14         (c)  The interest rate component of any master

15  equipment financing agreement shall be deemed to comply with

16  the interest rate limitation imposed in s. 287.063 so long as

17  the interest rate component of every interagency, state

18  university, or community college agreement entered into under

19  such master equipment financing agreement complies with the

20  interest rate limitation imposed in s. 287.063. Such interest

21  rate limitation does not apply when the payment obligation

22  under the master equipment financing agreement is rated by a

23  nationally recognized rating service in any one of the three

24  highest classifications, which rating services and

25  classifications are determined pursuant to rules adopted by

26  the Comptroller.

27         (2)  Unless specifically exempted by the Comptroller,

28  all deferred-payment purchases, including those made by a

29  state university or community college that is participating

30  under this section, shall be acquired by funding through

31  master equipment financing agreements. The Comptroller is


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    SB 4-A                                         First Engrossed



 1  authorized to exempt any purchases from consolidated financing

 2  when, in his or her judgment, alternative financing would be

 3  cost-effective or otherwise beneficial to the state.

 4         (3)  The Comptroller may require agencies to enter into

 5  interagency agreements and may require participating state

 6  universities or community colleges to enter into systemwide

 7  agreements for the purpose of carrying out the provisions of

 8  this act.

 9         (a)  The term of any interagency or systemwide

10  agreement shall expire on June 30 of each fiscal year but

11  shall automatically be renewed annually subject to

12  appropriations and deferred-payment schedules. The period of

13  any interagency or systemwide agreement shall not exceed the

14  useful life of the equipment for which the agreement was made

15  as determined by the Comptroller.

16         (b)  The interagency or systemwide agreements may

17  include, but are not limited to, equipment costs, terms, and a

18  pro rata share of program and issuance expenses.

19         (4)  Each state university or community college may

20  choose to have its purchasing agreements involving

21  administrative and instructional materials consolidated under

22  this section.

23         (5)  The Comptroller is authorized to automatically

24  debit each agency's or state university's funds and each

25  community college's portion of the Community College Program

26  Fund consistently with the deferred-payment schedules.

27         (6)  There is created the Consolidated Payment Trust

28  Fund in the Comptroller's office for the purpose of

29  implementing the provisions of this act. All funds debited

30  from each agency, state university, and each community college

31  may be deposited in the trust fund and shall be used to meet


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    SB 4-A                                         First Engrossed



 1  the financial obligations incurred pursuant to this act. Any

 2  income from the investment of funds may be used to fund

 3  administrative costs associated with this program.

 4         Section 10.  The amendment of section 287.064, Florida

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

 6  text of that section shall revert to that in existence on June

 7  30, 2003, except that any amendments to such text enacted

 8  other than by this act shall be preserved and continue to

 9  operate to the extent that such amendments are not dependent

10  upon the portions of such text which expire pursuant to the

11  provisions of this act.

12         Section 11.  In order to implement specific

13  Appropriations 123-130 of the 2003-2004 General Appropriations

14  Act, subsection (6) of section 440.38, Florida Statutes, is

15  amended to read:

16         440.38  Security for compensation; insurance carriers

17  and self-insurers.--

18         (6)  The state and its boards, bureaus, departments,

19  and agencies and all of its political subdivisions which

20  employ labor, and the state universities, shall be deemed

21  self-insurers under the terms of this chapter, unless they

22  elect to procure and maintain insurance to secure the benefits

23  of this chapter to their employees; and they are hereby

24  authorized to pay the premiums for such insurance.

25         Section 12.  The amendment of section 440.38, Florida

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

27  text of that section shall revert to that in existence on June

28  30, 2003, except that any amendments to such text enacted

29  other than by this act shall be preserved and continue to

30  operate to the extent that such amendments are not dependent

31  


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    SB 4-A                                         First Engrossed



 1  upon the portions of such text which expire pursuant to the

 2  provisions of this act.

 3         Section 13.  In order to implement Specific

 4  Appropriations 123-130 of the 2003-2004 General Appropriations

 5  Act, effective upon this act becoming a law and applicable

 6  retroactive to January 7, 2003, section 1010.10, Florida

 7  Statutes, is created to read:

 8         1010.10  Florida Uniform Management of Institutional

 9  Funds Act.--

10         (1)  SHORT TITLE.--This section may be cited as the

11  "Florida Uniform Management of Institutional Funds Act."

12         (2)  DEFINITIONS.--As used in this section, the term:

13         (a)  "Endowment fund" means an institutional fund, or

14  any part thereof, not wholly expendable by the institution on

15  a current basis under the terms of the applicable gift

16  instrument.

17         (b)  "Governing board" means the body responsible for

18  the management of an institution or of an institutional fund.

19         (c)  "Institution" means an incorporated or

20  unincorporated organization organized and operated exclusively

21  for the advancement of educational purposes, or a governmental

22  entity to the extent that it holds funds exclusively for

23  educational purposes.

24         (d)  "Institutional fund" means a fund held by an

25  institution for its exclusive use, benefit, or purposes. The

26  term excludes a fund held for an institution by a trustee that

27  is not an institution. The term also excludes a fund in which

28  a beneficiary that is not an institution has an interest,

29  other than possible rights that could arise upon violation or

30  failure of the purposes of the fund.

31  


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    SB 4-A                                         First Engrossed



 1         (e)  "Instrument" means a will; deed; grant;

 2  conveyance; agreement; memorandum; electronic record; writing;

 3  or other governing document, including the terms of any

 4  institutional solicitations from which an institutional fund

 5  resulted, under which property is transferred to or held by an

 6  institution as an institutional fund.

 7         (3)  EXPENDITURE OF ENDOWMENT FUNDS.--

 8         (a)  A governing board may expend so much of an

 9  endowment fund as the governing board determines to be prudent

10  for the uses and purposes for which the endowment fund is

11  established, consistent with the goal of conserving the

12  purchasing power of the endowment fund. In making its

13  determination the governing board shall use reasonable care,

14  skill, and caution in considering the following:

15         1.  The purposes of the institution;

16         2.  The intent of the donors of the endowment fund;

17         3.  The terms of the applicable instrument;

18         4.  The long-term and short-term needs of the

19  institution in carrying out its purposes;

20         5.  The general economic conditions;

21         6.  The possible effect of inflation or deflation;

22         7.  The other resources of the institution; and

23         8.  Perpetuation of the endowment.

24  

25  Expenditures made under this paragraph will be considered

26  prudent if the amount expended is consistent with the goal of

27  preserving the purchasing power of the endowment fund.

28         (b)  A restriction upon the expenditure of an endowment

29  fund may not be implied from a designation of a gift as an

30  endowment or from a direction or authorization in the

31  instrument to use only "income," "interest," "dividends," or


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    SB 4-A                                         First Engrossed



 1  "rents, issues or profits," or "to preserve the principal

 2  intact," or words of similar import.

 3         (c)  The provisions of paragraph (a) shall not apply to

 4  instruments if the instrument so indicates by stating, "I

 5  direct that the expenditure provision of paragraph (a) of

 6  subsection (3) of the Florida Uniform Management of

 7  Institutional Funds Act not apply to this gift" or words of

 8  similar import.

 9         (d)  This subsection does not limit the authority of a

10  governing board to expend funds as permitted under other law,

11  the terms of the instrument, or the charter of the

12  institution.

13         (e)  Except as otherwise provided, this subsection

14  applies to instruments executed or in effect before or after

15  the effective date of this section.

16         (4)  STANDARD OF CONDUCT.--

17         (a)  Members of a governing board shall invest and

18  manage an institutional fund as a prudent investor would, by

19  considering the purposes, distribution requirements, and other

20  circumstances of the fund. In satisfying this standard, the

21  governing board shall exercise reasonable care, skill, and

22  caution.

23         (b)  A governing board's investment and management

24  decisions about individual assets shall be made not in

25  isolation but in the context of the institutional fund's

26  portfolio of investments as a whole and as a part of an

27  overall investment strategy that provides risk and return

28  objectives reasonably suited to the fund and to the

29  institution.

30         (c)  Among circumstances that a governing board shall

31  consider are:


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    SB 4-A                                         First Engrossed



 1         1.  Long-term and short-term needs of the institution

 2  in carrying out its purposes;

 3         2.  Its present and anticipated financial resources;

 4         3.  General economic conditions;

 5         4.  The possible effect of inflation or deflation;

 6         5.  The expected tax consequences, if any, of

 7  investment decisions or strategies;

 8         6.  The role that each investment or course of action

 9  plays within the overall investment portfolio of the

10  institutional fund;

11         7.  The expected total return from income and the

12  appreciation of its investments;

13         8.  Other resources of the institution;

14         9.  The needs of the institution and the institutional

15  fund for liquidity, regularity of income, and preservation or

16  appreciation of capital; and

17         10.  An asset's special relationship or special value,

18  if any, to the purposes of the applicable gift instrument or

19  to the institution.

20         (d)  A governing board shall make a reasonable effort

21  to verify the facts relevant to the investment and management

22  of institutional fund assets.

23         (e)  A governing board shall diversify the investments

24  of an institutional fund unless the board reasonably

25  determines that, because of special circumstances, the

26  purposes of the fund are better served without diversifying.

27         (f)  A governing board shall invest and manage the

28  assets of an institutional fund solely in the interest of the

29  institution.

30         (5)  INVESTMENT AUTHORITY.--In addition to an

31  investment otherwise authorized by law or by the applicable


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    SB 4-A                                         First Engrossed



 1  gift instrument, and without restriction to investments a

 2  fiduciary may make, the governing board, subject to any

 3  specific limitations in the applicable gift instrument or in

 4  the applicable law, other than law relating to investments by

 5  a fiduciary:

 6         (a)  Within a reasonable time after receiving property,

 7  shall review the property and make and implement decisions

 8  concerning the retention and disposition of the assets, in

 9  order to bring the portfolio of the institutional fund into

10  compliance with the purposes, terms, distribution

11  requirements, and other circumstances of the institution, and

12  with the requirements of this section;

13         (b)  May invest in any kind of property or type of

14  investment consistent with the standards of this section;

15         (c)  May include all or any part of an institutional

16  fund in any pooled or common fund maintained by the

17  institution; and

18         (d)  May invest all or any part of the institutional

19  fund in any other pooled or common fund available for

20  investment, including shares or interests in regulated

21  investment companies, mutual funds, common trust funds,

22  investment partnerships, real estate investment trusts, or

23  similar organizations in which funds are commingled and

24  investment determinations are made by persons other than the

25  governing board.

26         (6)  DELEGATION OF INVESTMENT MANAGEMENT.--

27         (a)  Except as otherwise provided by applicable law

28  relating to governmental institutions or funds, a governing

29  board may delegate investment and management functions that a

30  prudent governing body could properly delegate under the

31  


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    SB 4-A                                         First Engrossed



 1  circumstances. A governing board shall exercise reasonable

 2  care, skill, and caution in:

 3         1.  Selecting an agent;

 4         2.  Establishing the scope and terms of the delegation,

 5  consistent with the purposes of the institutional fund; and

 6         3.  Periodically reviewing the agent's actions to

 7  monitor the agent's performance and the agent's compliance

 8  with the terms of the delegation.

 9         (b)  In performing a delegated function, an agent owes

10  a duty to the governing board to exercise reasonable care to

11  comply with the terms of the delegation.

12         (c)  The members of a governing board who comply with

13  the requirements of paragraph (a) are not liable for the

14  decisions or actions of the agent to whom the function was

15  delegated.

16         (d)  By accepting the delegation of an investment or

17  management function from a governing board of an institution

18  that is subject to the laws of this state, an agent submits to

19  the jurisdiction of the courts of this state in all actions

20  arising from the delegation.

21         (7)  INVESTMENT COSTS.--In investing and managing trust

22  assets, a governing board may only incur costs that are

23  appropriate and reasonable in relation to the assets and the

24  purposes of the institution.

25         (8)  RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--

26         (a)  With the written consent of the donor, a governing

27  board may release, in whole or in part, a restriction imposed

28  by the applicable instrument on the use or investment of an

29  institutional fund.

30         (b)  If written consent of the donor cannot be obtained

31  by reason of the donor's death, disability, unavailability, or


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    SB 4-A                                         First Engrossed



 1  impossibility of identification, a governing board may

 2  release, in whole or in part, a restriction imposed by the

 3  applicable instrument on the use or investment of an

 4  institutional fund if the fund has a total value of less than

 5  $100,000 and if the governing board, in its fiduciary

 6  judgment, concludes that the value of the fund is insufficient

 7  to justify the cost of administration as a separate

 8  institutional fund.

 9         (c)  If written consent of the donor cannot be obtained

10  by reason of the donor's death, disability, unavailability, or

11  impossibility of identification, a governing board may apply

12  in the name of the institution to the circuit court of the

13  county in which the institution is located for release of a

14  restriction imposed by the applicable instrument on the use or

15  investment of an institutional fund. The Attorney General

16  shall be notified of the application and shall be given an

17  opportunity to be heard. If the court finds that the

18  restriction is unlawful, impracticable, impossible to achieve,

19  or wasteful, it may by order release the restriction in whole

20  or in part. A release under this subsection may not change an

21  endowment fund to a fund that is not an endowment fund.

22         (d)  A release under this subsection may not allow a

23  fund to be used for purposes other than the educational

24  purposes of the institution affected.

25         (e)  This subsection does not limit the application of

26  the doctrine of cy pres.

27         (9)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This

28  act shall be applied and construed so as to effectuate its

29  general purpose to make uniform the law with respect to the

30  subject of this act among those states which enact it.

31         (10)  This section expires July 1, 2004.


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    SB 4-A                                         First Engrossed



 1         Section 14.  In order to implement Specific

 2  Appropriation 123 of the 2003-2004 General Appropriations Act

 3  and notwithstanding any provision of law to the contrary,

 4  Florida Agricultural and Mechanical University (FAMU) may

 5  implement a demonstration project that uses one or more

 6  private developers to finance, construct, and lease to FAMU a

 7  replacement building for the Commons Building located on the

 8  FAMU campus. Florida Agricultural and Mechanical University

 9  may use plant operations and maintenance appropriations

10  included in the 2003-2004 General Appropriations Act for the

11  Commons Building, to make lease payments for the replacement

12  building. Selection of developers shall comply with all

13  applicable provisions of law. This section expires July 1,

14  2004.

15         Section 15.  In order to implement Specific

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

17  in order to meet SACS requirements for baccalaureate degree

18  programs, Chipola Junior College and Miami-Dade Community

19  College shall also be known as Chipola College and Miami-Dade

20  College when awarding baccalaureate degrees to students in

21  those programs approved by the State Board of Education on May

22  15, 2002, pursuant to section 1007.33, Florida Statutes. This

23  section expires July 1, 2004.

24         Section 16.  In order to implement Specific

25  Appropriation 124 of the 2003-2004 General Appropriations Act

26  and notwithstanding any provision of law to the contrary, the

27  Board of Trustees of the University of Florida shall transfer

28  the leasehold interest of 25 acres of land in Davie, Florida,

29  used by the University of Florida Institute of Food and

30  Agricultural Sciences (UF IFAS) to the Board of Trustees of

31  the Florida Atlantic University (FAU). This land shall be used


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    SB 4-A                                         First Engrossed



 1  by FAU for the expansion of academic programs in Broward

 2  County according to the FAU Master Plan. Florida Atlantic

 3  University shall make available to the UF IFAS at least 10,000

 4  square feet of space from any facilities constructed on this

 5  land, pursuant to plans agreed to by both institutions.

 6         Section 17.  In order to implement Specific

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

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

 9  Florida Statutes, to read:

10         1011.71  District school tax.--

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

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

13  more than 2 mills against the taxable value for school

14  purposes to fund:

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

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

17  a private entity to provide student transportation services if

18  the district meets the requirements of this paragraph. This

19  paragraph expires July 1, 2004.

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

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

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

23  requirements of s. 1006.25.

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

25  transportation of public school students in the manner

26  required by the school district.

27         3.  Payment for each such school bus shall not exceed

28  10 percent of the purchase price of the state pool bid.

29         4.  The proposed expenditure of the funds for this

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

31  


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    SB 4-A                                         First Engrossed



 1  notice of proposed tax for school capital outlay as provided

 2  in s. 200.065(9).

 3  

 4  Violations of these expenditure provisions shall result in an

 5  equal dollar reduction in the Florida Education Finance

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

 7  year following the audit citation.

 8         Section 18.  The amendment of section 1011.71, Florida

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

10  text of that section shall revert to that in existence on June

11  30, 2003, except that any amendments to such text enacted

12  other than by this act shall be preserved and continued to

13  operate to the extent that such amendments are not dependent

14  upon the portions of such text which expire pursuant to the

15  provisions of this act.

16         Section 19.  (1)  In order to implement Section 19 of

17  the 2003-2004 General Appropriations Act, grant funds provided

18  by that section may only be used to construct new student

19  stations. In order to qualify for a grant from the funds from

20  that section, a school district must meet the following

21  criteria:

22         (a)  The district must have levied the full 2 mills of

23  nonvoted discretionary capital outlay authorized in section

24  235.25(2), Florida Statutes, for each of the past 4 years;

25         (b)  Fifty percent of the revenue derived from the

26  2-mill nonvoted capital outlay levy for the past 4 years, when

27  divided by the district's growth in capital outlay FTE

28  students over this period, produces a value that is less than

29  the average cost per student station calculated pursuant to

30  section 235.216(2), Florida Statutes, for the 2000-2001 fiscal

31  


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    SB 4-A                                         First Engrossed



 1  year, and weighted by statewide enrollment in elementary,

 2  middle, and high school;

 3         (c)  The Commissioner of Education has released all

 4  funds allocated to the district from the Classrooms First

 5  Program authorized in section 235.187, Florida Statutes, and

 6  these funds were fully expended by the district as of February

 7  1, 2002; and

 8         (d)  The total capital outlay FTE of the district is

 9  greater than 15,000 students.

10         (2)  These funds shall be allocated pursuant to the

11  following methodology:

12         (a)  For each eligible district, the Department of

13  Education shall calculate the value of 50 percent of the

14  revenue derived from the 2-mill nonvoted discretionary capital

15  outlay tax for the past 4 fiscal years divided by the increase

16  in capital outlay FTE for the same period.

17         (b)  The Department of Education shall determine, for

18  each eligible district, the amount that must be added to the

19  value calculated in paragraph (a) to produce the weighted

20  average value per student station calculated in paragraph

21  (1)(b) for fiscal year 2000-2001.

22         (c)  The value calculated for each eligible district in

23  paragraph (b) shall be multiplied by the total increase in

24  capital outlay FTE for the past 4 years to determine the

25  maximum amount of a grant that may be awarded to a district

26  pursuant to this section.

27         (d)  In the event the funds provided in Section 19 of

28  the 2003-2004 General Appropriations Act are insufficient to

29  fully fund the maximum grants calculated in paragraph (c), the

30  Department of Education shall allocate the funds based on each

31  


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    SB 4-A                                         First Engrossed



 1  district's prorated share of the total maximum award amount

 2  calculated for all eligible districts.

 3         Section 20.  In order to implement Specific

 4  Appropriations 426-441 of the 2003-2004 General Appropriations

 5  Act, paragraph (b) of subsection (1) of section 430.204,

 6  Florida Statutes, is amended to read:

 7         430.204  Community-care-for-the-elderly core services;

 8  departmental powers and duties.--

 9         (1)

10         (b)  For fiscal year 2003-2004 2002-2003 only, the

11  department shall fund, through each area agency on aging in

12  each county as defined in s. 125.011(1), more than one

13  community care service system the primary purpose of which is

14  the prevention of unnecessary institutionalization of

15  functionally impaired elderly persons through the provision of

16  community-based core services. This paragraph expires July 1,

17  2004 2003.

18         Section 21.  In order to implement Specific

19  Appropriations 426-441 of the 2003-2004 General Appropriations

20  Act, paragraph (b) of subsection (1) of section 430.205,

21  Florida Statutes, is amended to read:

22         430.205  Community care service system.--

23         (1)

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

25  department shall fund, through the area agency on aging in

26  each county as defined in s. 125.011(1), more than one

27  community care service system that provides case management

28  and other in-home and community services as needed to help

29  elderly persons maintain independence and prevent or delay

30  more costly institutional care. This paragraph expires July 1,

31  2004 2003.


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    SB 4-A                                         First Engrossed



 1         Section 22.  In order to implement Specific

 2  Appropriations 271, 274, and 276 of the 2003-2004 General

 3  Appropriations Act, subsection (12) of section 216.292,

 4  Florida Statutes, is amended to read:

 5         216.292  Appropriations nontransferable; exceptions.--

 6         (12)  For the 2003-2004 2002-2003 fiscal year only and

 7  notwithstanding the other provisions of this section, the

 8  Department of Children and Family Services may transfer funds

 9  within the family safety program identified in the General

10  Appropriations Act from identical funding sources between the

11  following appropriation categories without limitation as long

12  as such a transfer does not result in an increase to the total

13  recurring general revenue or trust fund cost of the agency in

14  the subsequent fiscal year: adoption services and subsidy;

15  family foster care; and emergency shelter care. Such transfers

16  must be consistent with legislative policy and intent and must

17  not adversely affect achievement of approved performance

18  outcomes or outputs in the family safety program. Notice of

19  proposed transfers under this authority must be provided to

20  the Executive Office of the Governor and the chairs of the

21  legislative appropriations committees at least 5 working days

22  before their implementation. This subsection expires July 1,

23  2004 2003.

24         Section 23.  In order to implement Sections 353 and 357

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

26  section 561.121, Florida Statutes, is amended to read:

27         561.121  Deposit of revenue.--

28         (4)(a)  State funds collected pursuant to s. 561.501

29  shall be paid into the State Treasury and credited to the

30  following accounts:

31  


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    SB 4-A                                         First Engrossed



 1         1.(a)  Twenty-seven and two-tenths percent of the

 2  surcharge on the sale of alcoholic beverages for consumption

 3  on premises shall be transferred to the Children and

 4  Adolescents Substance Abuse Trust Fund, which shall remain

 5  with the Department of Children and Family Services for the

 6  purpose of funding programs directed at reducing and

 7  eliminating substance abuse problems among children and

 8  adolescents.

 9         2.(b)  The remainder of collections shall be credited

10  to the General Revenue Fund.

11         (b)  For the 2003-2004 state fiscal year only, and

12  notwithstanding the provisions of subparagraph (a)1., moneys

13  in the Children and Adolescents Substance Abuse Trust Fund may

14  also be used for the purpose of funding programs directed at

15  reducing and eliminating substance abuse problems among

16  adults. This paragraph expires July 1, 2004.

17         Section 24.  In order to implement Specific

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

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

20  Statutes, is amended to read:

21         381.0066  Onsite sewage treatment and disposal systems;

22  fees.--

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

24  apply until changed by rule by the department within the

25  following limits:

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

27  each new system construction permit issued during fiscal years

28  1996-2004 1996-2003 to be used for onsite sewage treatment and

29  disposal system research, demonstration, and training

30  projects. Five dollars from any repair permit fee collected

31  


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    SB 4-A                                         First Engrossed



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

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

 3  

 4  The funds collected pursuant to this subsection must be

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

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

 7  381.0065 and 381.00655.

 8         Section 25.  In order to implement Specific

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

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

11  amended to read:

12         385.207  Care and assistance of persons with epilepsy;

13  establishment of programs in epilepsy control.--

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

15  funds in the Epilepsy Services Trust Fund may be appropriated

16  for epilepsy case management services. This subsection expires

17  July 1, 2004 2003.

18         Section 26.  In order to implement Specific

19  Appropriation 269A of the 2003-2004 General Appropriations

20  Act, subsection (7) of section 409.1671, Florida Statutes, is

21  amended to read:

22         409.1671  Foster care and related services;

23  privatization.--

24         (7)  The department, in consultation with existing lead

25  agencies, shall develop a proposal regarding the long-term use

26  and structure of a statewide shared earnings program which

27  addresses the financial risk to eligible lead community-based

28  providers resulting from unanticipated caseload growth or from

29  significant changes in client mixes or services eligible for

30  federal reimbursement. The recommendations in the statewide

31  proposal must also be available to entities of the department


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    SB 4-A                                         First Engrossed



 1  until the conversion to community-based care takes place. At a

 2  minimum, the proposal must allow for use of federal earnings

 3  received from child welfare programs, which earnings are

 4  determined by the department to be in excess of the amount

 5  appropriated in the General Appropriations Act, to be used for

 6  specific purposes. These purposes include, but are not limited

 7  to:

 8         (a)  Significant changes in the number or composition

 9  of clients eligible to receive services.

10         (b)  Significant changes in the services that are

11  eligible for reimbursement.

12         (c)  Significant changes in the availability of federal

13  funds.

14         (d)  Shortfalls in state funds available for eligible

15  or ineligible services.

16         (e)  Significant changes in the mix of available funds.

17         (f)  Scheduled or unanticipated, but necessary,

18  advances to providers or other cash-flow issues.

19         (g)  Proposals to participate in optional Medicaid

20  services or other federal grant opportunities.

21         (h)  Appropriate incentive structures.

22         (i)  Continuity of care in the event of lead agency

23  failure, discontinuance of service, or financial misconduct.

24  

25  The department shall further specify the necessary steps to

26  ensure the financial integrity of these dollars and their

27  continued availability on an ongoing basis. The final proposal

28  shall be submitted to the Legislative Budget Commission for

29  formal adoption before December 31, 2002. If the Legislative

30  Budget Commission refuses to concur with the adoption of the

31  proposal, the department shall present its proposal in the


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    SB 4-A                                         First Engrossed



 1  form of recommended legislation to the President of the Senate

 2  and the Speaker of the House of Representatives before the

 3  commencement of the next legislative session. For fiscal year

 4  2003-2004 and annually thereafter, the department of Children

 5  and Family Services may request in its legislative budget

 6  request, and the Governor may recommend, the funding necessary

 7  to carry out paragraph (i) from excess federal earnings. The

 8  General Appropriations Act shall include any funds

 9  appropriated for this purpose in a lump sum in the department

10  Administered Funds Program, which funds constitute partial

11  security for lead agency contract performance. The department

12  shall use this appropriation to offset the need for a

13  performance bond for that year after a comparison of risk to

14  the funds available. In no event shall this performance bond

15  exceed 2.5 percent of the annual contract value. The

16  department may separately require a bond to mitigate the

17  financial consequences of potential acts of malfeasance,

18  misfeasance, or criminal violations by the provider. Prior to

19  the release of any funds in the lump sum, the department shall

20  submit a detailed operational plan, which must identify the

21  sources of specific trust funds to be used. The release of the

22  trust fund shall be subject to the notice and review

23  provisions of s. 216.177. However, the release shall not

24  require approval of the Legislative Budget Commission.

25         Section 27.  The amendment of subsection (7) of section

26  409.1671, Florida Statutes, by this act shall expire on July

27  1, 2004, and the text of that subsection shall revert to that

28  in existence on June 30, 2003, except that any amendments to

29  such text enacted other than by this act shall be preserved

30  and continue to operate to the extent that such amendments are

31  


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    SB 4-A                                         First Engrossed



 1  not dependent upon the portions of such text which expire

 2  pursuant to the provisions of this act.

 3         Section 28.  In order to implement Specific

 4  Appropriations 324-357 of the 2003-2004 General Appropriations

 5  Act, subsection (8) of section 394.908, Florida Statutes, is

 6  amended to read:

 7         394.908  Substance abuse and mental health funding

 8  equity; distribution of appropriations.--In recognition of the

 9  historical inequity among service districts of the former

10  Department of Health and Rehabilitative Services in the

11  funding of substance abuse and mental health services, and in

12  order to rectify this inequity and provide for equitable

13  funding in the future throughout the state, the following

14  funding process shall be adhered to:

15         (8)  For fiscal year 2003-2004 2002-2003 only, and

16  notwithstanding the provisions of this section, all new funds

17  received in excess of fiscal year 2002-2003 2001-2002

18  recurring appropriations shall be allocated in accordance with

19  the provisions of the General Appropriations Act; however, no

20  district shall receive an allocation of recurring funds less

21  than its initial approved operating budget, plus any

22  distributions of lump sum appropriations or reductions in

23  unfunded budget, for fiscal year 2002-2003 2001-2002. This

24  subsection expires July 1, 2004 2003.

25         Section 29.  In order to implement Specific

26  Appropriation 242 of the 2003-2004 General Appropriations Act,

27  paragraph (b) of subsection (5) of section 20.19, Florida

28  Statutes, is amended to read:

29         20.19  Department of Children and Family

30  Services.--There is created a Department of Children and

31  Family Services.


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    SB 4-A                                         First Engrossed



 1         (5)  SERVICE DISTRICTS.--

 2         (b)1.  The secretary shall appoint a district

 3  administrator for each of the service districts.  The district

 4  administrator shall serve at the pleasure of the secretary and

 5  shall perform such duties as assigned by the secretary.

 6  Subject to the approval of the secretary, such duties shall

 7  include transferring up to 10 percent of the total district

 8  budget, the provisions of ss. 216.292 and 216.351

 9  notwithstanding.

10         2.  For the 2003-2004 fiscal year only, the transfer

11  authority provided in this subsection must be specifically

12  appropriated in the 2003-2004 General Appropriations Act and

13  shall be pursuant to the requirements of s. 216.292. This

14  subparagraph expires July 1, 2004.

15         Section 30.  In order to implement Specific

16  Appropriation 598A of the 2003-2004 General Appropriations

17  Act, subsection (7) is added to section 381.79, Florida

18  Statutes, to read:

19         381.79  Brain and Spinal Cord Injury Program Trust

20  Fund.--

21         (7)  For the 2003-2004 fiscal year and notwithstanding

22  the provisions of this section, the department shall disburse

23  all funds appropriated for brain and spinal cord injury

24  research in Specific Appropriation 598A of the 2003-2004

25  General Appropriations Act in equal payments at the end of

26  each quarter. This subsection expires July 1, 2004.

27         Section 31.  In order to implement Specific

28  Appropriations 1118-1201 of the 2003-2004 General

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

30  Florida Statutes, is amended to read:

31  


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    SB 4-A                                         First Engrossed



 1         216.181  Approved budgets for operations and fixed

 2  capital outlay.--

 3         (17)  Notwithstanding any other provision of this

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

 5  fiscal year only, the Department of Law Enforcement may

 6  transfer up to 20 positions and associated budget between

 7  budget entities, provided the same funding source is used

 8  throughout each transfer. The department may also transfer up

 9  to 10 percent of the initial approved salary rate between

10  budget entities, provided the same funding source is used

11  throughout each transfer. The department must provide notice

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

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

14  on Criminal Justice Appropriations for all transfers of

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

16  2003.

17         Section 32.  In order to implement proviso language

18  following Specific Appropriation 1103 of the 2003-2004 General

19  Appropriations Act, the Correctional Privatization Commission

20  may expend appropriated funds to assist in defraying the costs

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

22  associated with opening or operating a facility under the

23  authority of the Correctional Privatization Commission or a

24  facility under the authority of the Department of Juvenile

25  Justice which is located within that municipality or county.

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

27  facility may not exceed 1 percent of the facility construction

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

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

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

31  


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    SB 4-A                                         First Engrossed



 1         Section 33.  In order to implement Specific

 2  Appropriation 1218 of the 2003-2004 General Appropriations

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

 4  Florida Statutes, is amended to read:

 5         16.555  Crime Stoppers Trust Fund; rulemaking.--

 6         (3)

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

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

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

10  salaries and benefits and other expenses of the department.

11  This paragraph expires July 1, 2004 2003.

12         Section 34.  In order to implement Specific

13  Appropriations 1045-1117 of the 2003-2004 General

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

15  Florida Statutes, is amended to read:

16         985.4075  One-time startup funding for juvenile justice

17  purposes.--

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

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

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

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

22         Section 35.  In order to implement Specific

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

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

25  Statutes, is amended to read:

26         216.262  Authorized positions.--

27         (4)  Notwithstanding the provisions of this chapter on

28  increasing the number of authorized positions, and for the

29  2003-2004 2002-2003 fiscal year only, if the actual inmate

30  population of the Department of Corrections exceeds by 2

31  percent for 2 consecutive months or more the inmate population


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    SB 4-A                                         First Engrossed



 1  projected by the most recent Criminal Justice Estimating

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

 3  approval of the Legislative Budget Commission, may request

 4  positions in excess of the number authorized by the

 5  Legislature and sufficient funding from the Working number

 6  authorized by the Legislature and sufficient funding from the

 7  Working Capital Fund to operate the additional prison bed

 8  capacity necessary to accommodate the actual inmate

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

10         Section 36.  Consistent with the provisions of section

11  216.163, Florida Statutes, in accordance with

12  performance-based program budgeting requirements, and

13  notwithstanding the provisions of section 216.181, Florida

14  Statutes, the Department of Law Enforcement may transfer up to

15  one-half of 1 percent of the funds in Specific Appropriations

16  1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181, 1190, and 1195

17  of the 2003-2004 General Appropriations Act for salary bonuses

18  for departmental employees at the discretion of the executive

19  director, provided that such bonuses are given only to

20  selected employees for meritorious performance, instead of

21  being given as across-the-board bonuses for all employees. The

22  department, after consultation with the Executive Office of

23  the Governor, shall provide a plan to the chairs of the

24  legislative appropriations committees responsible for

25  producing the General Appropriations Act for review before

26  awarding such bonuses. This section expires July 1, 2004.

27         Section 37.  In order to implement Specific

28  Appropriation 1164 of the 2003-2004 General Appropriations

29  Act, paragraph (d) of subsection (4) of section 932.7055,

30  Florida Statutes, is amended to read:

31  


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    SB 4-A                                         First Engrossed



 1         932.7055  Disposition of liens and forfeited

 2  property.--

 3         (4)

 4         (d)  Notwithstanding any other provision of this

 5  subsection, and for the 2003-2004 2002-2003 fiscal year only,

 6  the funds in a special law enforcement trust fund established

 7  by the governing body of a municipality may be expended to

 8  reimburse the general fund of the municipality for moneys

 9  advanced from the general fund to the special law enforcement

10  trust fund prior to October 1, 2001. This paragraph expires

11  July 1, 2004 2003.

12         Section 38.  In order to implement Specific

13  Appropriations 2592-2598A of the 2003-2004 General

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

15  Statutes, is amended to read:

16         287.161  Executive aircraft pool; assignment of

17  aircraft; charge for transportation.--

18         (4)  Notwithstanding the requirements of subsections

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

20  the Department of Management Services shall charge all persons

21  receiving transportation from the executive aircraft pool a

22  rate not less than the mileage allowance fixed by the

23  Legislature for the use of privately owned vehicles. Fees

24  collected for persons traveling by aircraft in the executive

25  aircraft pool shall be deposited into the Bureau of Aircraft

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

27  the aircraft management activities of the department. It is

28  the intent of the Legislature that the executive aircraft pool

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

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

31  


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    SB 4-A                                         First Engrossed



 1         Section 39.  In order to implement Section 8 of the

 2  2003-2004 General Appropriations Act, subsection (7) of

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

 4         110.12315  Prescription drug program.--The state

 5  employees' prescription drug program is established.  This

 6  program shall be administered by the Department of Management

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

 8  established by the relevant provisions of the annual General

 9  Appropriations Act and implementing legislation, subject to

10  the following conditions:

11         (7)  Under the state employees' prescription drug

12  program copayments must be made as follows:

13         (a)  Effective January 1, 2001, through December 31,

14  2003:

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

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

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

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

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

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

21         (b)  Effective January 1, 2004:

22         1.  For generic drug with card.....................$10.

23         2.  For preferred brand name drug with card........$25.

24         3.  For nonpreferred brand name drug with card.....$40.

25         4.  For generic mail order drug....................$20.

26         5.  For preferred brand name mail order drug.......$50.

27         6.  For nonpreferred brand name drug...............$80.

28         (c)(b)  The Department of Management Services shall

29  create a preferred brand name drug list to be used in the

30  administration of the state employees' prescription drug

31  program.


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    SB 4-A                                         First Engrossed



 1  

 2  This subsection expires July 1, 2004 2003.

 3         Section 40.  In order to implement Sections 2-7 of the

 4  2003-2004 General Appropriations Act and for the 2003-2004

 5  fiscal year only, paragraph (c) of subsection (1) of section

 6  121.1115, Florida Statutes, is amended to read:

 7         121.1115  Purchase of retirement credit for

 8  out-of-state and federal service.--Effective January 1, 1995,

 9  a member of the Florida Retirement System may purchase

10  creditable service for periods of public employment in another

11  state and receive creditable service for such periods of

12  employment. Service with the Federal Government, including any

13  military service, may be claimed. Upon completion of each year

14  of service earned under the Florida Retirement System, a

15  member may purchase up to 1 year of retirement credit for his

16  or her out-of-state service, subject to the following

17  provisions:

18         (1)  LIMITATIONS AND CONDITIONS.--To receive credit for

19  the out-of-state service:

20         (c)  Not more than 10 5 years of creditable service may

21  be claimed for creditable service aggregated under the

22  provisions of this section and s. 121.1122.

23         Section 41.  The amendment of section 121.1115, Florida

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

25  text of that section shall revert to that in existence on June

26  30, 2003, except that any amendments to such text enacted

27  other than by this act shall be preserved and continue to

28  operate to the extent that such amendments are not dependent

29  upon the portions of such text which expire pursuant to the

30  provisions of this act.

31  


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    SB 4-A                                         First Engrossed



 1         Section 42.  In order to implement Sections 2-7 of the

 2  2003-2004 General Appropriations Act and for the 2003-2004

 3  fiscal year only, paragraph (b) of subsection (2) of section

 4  121.1122, Florida Statutes, is amended to read:

 5         121.1122  Purchase of retirement credit for in-state

 6  public service and in-state service in accredited nonpublic

 7  schools and colleges, including charter schools and charter

 8  technical career centers.--Effective January 1, 1998, a member

 9  of the Florida Retirement System may purchase creditable

10  service for periods of certain public or nonpublic employment

11  performed in this state, as provided in this section.

12         (2)  LIMITATIONS AND CONDITIONS.--

13         (b)  A member may not purchase and receive credit for

14  more than 5 years of creditable service aggregated under the

15  provisions of this section and s. 121.1115.

16         Section 43.  The amendment of section 121.1122, Florida

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

18  text of that section shall revert to that in existence on June

19  30, 2003, except that any amendments to such text enacted

20  other than by this act shall be preserved and continue to

21  operate to the extent that such amendments are not dependent

22  upon the portions of such text which expire pursuant to the

23  provisions of this act.

24         Section 44.  In order to implement Specific

25  Appropriations 2526 and 2527 of the 2003-2004 General

26  Appropriations Act, and notwithstanding section 11.13(1)(b),

27  Florida Statutes, or any other law, the salary of members of

28  the Senate and the House of Representatives shall not be

29  calculated according to that paragraph; instead, the annual

30  salaries of these members for the 2002-2003 fiscal year shall

31  


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    SB 4-A                                         First Engrossed



 1  be increased 2 percent for the 2003-2004 fiscal year. This

 2  section expires June 30, 2004.

 3         Section 45.  In order to implement Specific

 4  Appropriation 2545 of the 2003-2004 General Appropriations

 5  Act, effective July 1, 2003, and notwithstanding the

 6  provisions of section 1008.51, Florida Statutes, the budget

 7  for the Council for Education Policy Research and Improvement

 8  shall be administered by the Auditor General. However, the

 9  Council for Education Policy Research and Improvement shall

10  remain independent of the Auditor General for all programmatic

11  purposes, serving as a citizen board for conducting and

12  reviewing education research, providing independent analysis

13  on education progress, and providing independent evaluation of

14  education issues of statewide concern, as prescribed in

15  section 1008.51, Florida Statutes. All work products of the

16  Council for Education Policy Research and Improvement are

17  advisory in nature. This section expires July 1, 2004.

18         Section 46.  In order to implement the appropriation of

19  funds in Special Categories-Risk Management Insurance of the

20  2003-2004 General Appropriations Act, and pursuant to the

21  notice, review, and objection procedures of section 216.177,

22  Florida Statutes, the Executive Office of the Governor is

23  authorized to transfer funds appropriated in the appropriation

24  category "Special Categories-Risk Management Insurance" of the

25  2003-2004 General Appropriations Act between departments in

26  order to align the budget authority granted with the premiums

27  paid by each department for risk management insurance. This

28  section expires July 1, 2004.

29         Section 47.  In order to implement the appropriation of

30  funds in Special Categories-Transfer to Department of

31  Management Services-Human Resources Services Purchased Per


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    SB 4-A                                         First Engrossed



 1  Statewide Contract of the 2003-2004 General Appropriations

 2  Act, and pursuant to the notice, review, and objection

 3  procedures of section 216.177, Florida Statutes, the Executive

 4  Office of the Governor is authorized to transfer funds

 5  appropriated in the appropriation category "Special

 6  Categories-Transfer to Department of Management Services-Human

 7  Resources Services Purchased Per Statewide Contract" of the

 8  2003-2004 General Appropriations Act between departments in

 9  order to align the budget authority granted with the

10  assessments that must be paid by each agency to the Department

11  of Management Services for human resource management services.

12  This section expires July 1, 2004.

13         Section 48.  In order to implement Section 8 of the

14  2003-2004 General Appropriations Act, section 110.1239,

15  Florida Statutes, is amended to read:

16         110.1239  State group health insurance program

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

18  the intent of the Legislature that the state group health

19  insurance program be managed, administered, operated, and

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

21  employee health insurance benefits. Inherent in this intent is

22  the recognition that the health insurance liabilities

23  attributable to the benefits offered state employees should be

24  fairly, orderly, and equitably funded. Accordingly:

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

26  necessary to fully fund the state group health insurance

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

28  made after each Self-Insurance Estimating Conference as

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

30  April 1 of each fiscal year.

31  


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    SB 4-A                                         First Engrossed



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

 2  budget, shall provide premium rates necessary for full funding

 3  of the state group health insurance program, and the

 4  Legislature shall provide in the General Appropriations Act

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

 6  group health insurance program.

 7         (3)  For purposes of funding, any additional

 8  appropriation amounts allocated to the state group health

 9  insurance program by the Legislature shall be considered as a

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

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

12         Section 49.  In order to implement Sections 2-7 of the

13  2003-2004 General Appropriations Act, paragraph (c) of

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

15  112.061, Florida Statutes, are amended to read:

16         112.061  Per diem and travel expenses of public

17  officers, employees, and authorized persons.--

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

19  purposes of reimbursement and methods of calculating

20  fractional days of travel, the following principles are

21  prescribed:

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

23  notwithstanding the other provisions of this subsection, for

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

25  per diem basis nor shall a traveler receive subsistence

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

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

28  purposes of reimbursement rates and methods of calculation,

29  per diem and subsistence allowances are divided into the

30  following groups and rates:

31  


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    SB 4-A                                         First Engrossed



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

 2  notwithstanding the other provisions of this subsection, for

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

 4  per diem basis nor shall a traveler receive subsistence

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

 6         Section 50.  In order to implement Specific

 7  Appropriations 2132-2155 of the 2003-2004 General

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

 9  Statutes, is amended to read:

10         468.404  License; fees; renewals.--

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

12  fees for initial licensing, renewal of license, and

13  reinstatement of license, none of which fees shall exceed

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

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

16  proportionately fund the expenses of the department which are

17  allocated to the regulation of talent agencies and shall be

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

19  administer this part.

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

21  notwithstanding the provisions of paragraph (a), the

22  department shall assess talent agency license fees at a level

23  sufficient to cover the cost of regulation appropriated in the

24  2003-2004 General Appropriations Act, or any other act passed

25  by the 2003 Legislature containing appropriations for such

26  purpose. This paragraph expires July 1, 2004.

27         Section 51.  In order to implement Specific

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

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

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

31  


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    SB 4-A                                         First Engrossed



 1         378.035  Department responsibilities and duties with

 2  respect to Nonmandatory Land Reclamation Trust Fund.--

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

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

 5  department is authorized to expend the moneys appropriated in

 6  the General Appropriations Act for the abatement of imminent

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

 8  phosphogypsum stack systems as provided in subsections

 9  403.4154(3) and (5), respectively. This subsection expires

10  July 1, 2004.

11         Section 52.  In order to implement Specific

12  Appropriation 2286AT of the 2003-2004 General Appropriations

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

14  Statutes, to read:

15         215.96  Coordinating council and design and

16  coordination staff.--

17         (4)  The Financial Management Information Board,

18  through the coordinating council, shall provide the necessary

19  planning, implementation, and integration policies,

20  coordination procedures, and reporting processes to facilitate

21  the successful and efficient integration of the central

22  administrative and financial management information systems,

23  including the Florida Accounting Information Resource system

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

25  replacement project, the payroll system in the Department of

26  Financial Services, the Legislative Appropriations

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

28  Purchasing System (SPURS) and MyFlorida Marketplace project,

29  the Cooperative Personnel Employment Subsystem (COPES) and the

30  PeopleFirst Outsourcing project, and the State Unified Tax

31  system (SUNTAX).


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    SB 4-A                                         First Engrossed



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

 2  shall establish an Enterprise Resource Planning Integration

 3  Task Force, which shall consist of the coordinating council

 4  members plus the Chief Information Officer in the State

 5  Technology Office and the Executive Director or designee in

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

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

 8  coordinating council shall be nonvoting members of the task

 9  force.

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

11  2003, and shall remain in existence until the integration

12  goals have been achieved among the FLAIR/CMS Replacement

13  project, SPURS and MyFlorida Marketplace project, COPES and

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

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

16  force shall hold its initial meeting no later than September

17  1, 2003, and shall meet at the call of the chair or at least

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

19  shall:

20         1.  Adopt a task force charter that identifies major

21  objectives, activities, milestones and deliverables,

22  significant assumptions, and constraints on the task force

23  functions and major stakeholder groups interested in the

24  outcome of the task force.

25         2.  Consider and adopt processes by which information

26  will be collected and business process and technical

27  integration issues will be raised for analysis and

28  recommendation by the task force.

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

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

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


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    SB 4-A                                         First Engrossed



 1         (c)  The coordinating council shall provide

 2  administrative and technical support to the task force as is

 3  reasonably necessary for the task force to effectively and

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

 5  providing such support may be paid from funds appropriated for

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

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

 8  obtain specific expertise to analyze, facilitate, and

 9  formulate recommendations to address process and technical

10  integration problems that need to be resolved.

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

12  stakeholders responsible for the FLAIR/CMS Replacement

13  project, SPURS and MyFlorida Marketplace project, COPES and

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

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

16  but not be limited to:

17         1.  Identifying and documenting central administrative

18  and financial management policies, procedures, and processes

19  that need to be integrated and recommending steps for

20  implementation.

21         2.  Collecting information from the subsystem owners

22  and project teams and developing and publishing a consolidated

23  list of enterprise resource planning functional and technical

24  integration requirements.

25         3.  Publishing integration plans and timelines based on

26  information collected from task force members.

27         4.  Forming committees, workgroups, and teams as

28  provided in subsection (3).

29         5.  Developing recommendations for the Financial

30  Management Information Board which clearly describe any

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


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    SB 4-A                                         First Engrossed



 1  options for resolving the problem, and the recommended

 2  actions.

 3         6.  Developing and implementing plans for reporting

 4  status of integration efforts.

 5         (e)  The task force shall provide recommendations to

 6  the Financial Management Information Board for review and

 7  approval regarding the technical, procedural, policy, and

 8  process requirements and changes that are needed to

 9  successfully integrate, implement, and realize the benefits of

10  the enterprise resource planning initiatives associated with

11  the FLAIR/CMS Replacement project, SPURS and MyFlorida

12  Marketplace project, COPES and PeopleFirst project, payroll

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

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

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

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

17  MyFlorida Marketplace project, COPES and PeopleFirst project,

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

19  process and technical integration requirements and changes

20  approved by the Financial Management Information Board and in

21  achieving the necessary integration among the central

22  administrative and financial management information systems

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

24  and submit quarterly reports to the Executive Office of the

25  Governor, the chairs of the Senate Appropriations Committee

26  and the House Appropriations Committee, and the Financial

27  Management Information Board. Each quarterly report shall

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

29  process requirements and changes proposed and adopted by the

30  board and shall describe the status of the implementation of

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


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    SB 4-A                                         First Engrossed



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

 2  costs related to the Enterprise Resource Planning Integration

 3  Task Force.

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

 5  until it is disbanded, the Enterprise Resource Planning

 6  Integration Task Force shall report to the Financial

 7  Management Information Board, the Speaker of the House of

 8  Representatives, and the President of the Senate the results

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

10  enterprise resource planning integration activities and

11  requirements, and any recommendations for statutory changes to

12  be considered by the Legislature.

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

14         Section 53.  In order to implement Specific

15  Appropriation 2285 of the 2003-2004 General Appropriations

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

17  601.15, Florida Statutes, to read:

18         601.15  Advertising campaign; methods of conducting;

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

20         (3)

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

22  notwithstanding the provisions of paragraph (e), the

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

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

25  2004.

26         Section 54.  In order to implement Specific

27  Appropriations 1782 and 1783 of the 2003-2004 General

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

29  372.561, Florida Statutes, to read:

30  

31  


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 1         372.561  Recreational licenses, permits, and

 2  authorization numbers to take wild animal life, freshwater

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

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

 5  fees, reporting, and recordkeeping requirements of subsection

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

 7  Wildlife Conservation Commission has implemented an automated

 8  licensing system that incorporates the county. Until such

 9  system is implemented for each county, the provisions of

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

11  This subsection expires July 1, 2004.

12         Section 55.  In order to implement Specific

13  Appropriation 1637A of the 2003-2004 General Appropriations

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

15  Statutes, are amended to read:

16         376.86  Brownfield Areas Loan Guarantee Program.--

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

18  with the Department of Environmental Protection and the State

19  Board of Administration concerning the investment of the

20  earnings accrued and collected upon the investment of the

21  balance of funds maintained in the Nonmandatory Land

22  Reclamation Trust Fund. The investment must be limited as

23  follows:

24         (a)  Not more than $1.5 $5 million of the investment

25  earnings earned on the investment of the minimum balance of

26  the Nonmandatory Land Reclamation Trust Fund in a fiscal year

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

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

29  investment agreements involving predominantly minority-owned

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

31  


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

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

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

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

 5  Legislature by February 1 of each year describing its

 6  activities and agreements approved relating to redevelopment

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

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

 9  determination made related to the need to continue or modify

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

11  2003 until the review by the Legislature has been completed

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

13  continuing the use of the Nonmandatory Land Reclamation Trust

14  Fund to guarantee portions of loans under this section.

15         Section 56.  The amendment of section 376.86, Florida

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

17  text of that section shall revert to that in existence on June

18  30, 2003, except that any amendments to such text enacted

19  other than by this act shall be preserved and continue to

20  operate to the extent that such amendments are not dependent

21  upon the portions of such text which expire pursuant to the

22  provisions of this act.

23         Section 57.  In order to implement Specific

24  Appropriation 1394A of the 2003-2004 General Appropriations

25  Act, paragraph (b) of subsection (2) of section 581.184,

26  Florida Statutes, is amended to read:

27         581.184  Adoption of rules; citrus canker eradication;

28  voluntary destruction agreements.--

29         (2)

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

31  and for the 2003-2004 2002-2003 fiscal year only, notice of


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 1  the removal of infected citrus trees and citrus trees exposed

 2  to infection, by immediate final order, shall be provided to

 3  the owner of the property on which such trees are located.

 4  This paragraph expires July 1, 2004 2003.

 5         Section 58.  In order to implement Specific

 6  Appropriation 1396A of the 2003-2004 General Appropriations

 7  Act, paragraph (b) of subsection (2) and subsection (6) of

 8  section 581.1845, Florida Statutes, are amended to read:

 9         581.1845  Citrus canker eradication; compensation to

10  homeowners whose trees have been removed.--

11         (2)

12         (b)  Notwithstanding subparagraph (a)1., and for

13  compensation during the 2003-2004 2002-2003 fiscal year only,

14  to be eligible to receive compensation under the program for

15  residential property where one or more citrus trees have been

16  removed on or after July 1, 2001, as part of a citrus canker

17  eradication program, a homeowner must be the homeowner of

18  record on the date the trees were removed. This paragraph

19  expires July 1, 2004 2003.

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

21  notwithstanding the $100-compensation amount specified in

22  subsection (3), the amount of compensation for each tree

23  removed from residential property by the citrus canker

24  eradication program shall be $55. This subsection expires July

25  1, 2004 2003.

26         Section 59.  In order to implement Specific

27  Appropriation 1303A of the 2003-2004 General Appropriations

28  Act, paragraph (e) is added to subsection (13) of section

29  253.025, Florida Statutes, to read:

30         253.025  Acquisition of state lands for purposes other

31  than preservation, conservation, and recreation.--


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 1         (13)

 2         (e)  For the 2003-2004 fiscal year only, the use of

 3  funds allocated to the Relocation and Construction Trust Fund

 4  shall be as provided in the General Appropriations Act. This

 5  paragraph expires July 1, 2004.

 6         Section 60.  In order to implement Specific

 7  Appropriations 1335-1339 of the 2003-2004 General

 8  Appropriations Act, section 570.544, Florida Statutes, is

 9  amended to read:

10         570.544  Division of Consumer Services; director;

11  powers; processing of complaints; records.--

12         (1)  The director of the Division of Consumer Services

13  shall be appointed by and serve at the pleasure of the

14  commissioner.

15         (2)  The Division of Consumer Services may:

16         (a)  Conduct studies and make analyses of matters

17  affecting the interests of consumers.

18         (b)  Study the operation of laws for consumer

19  protection.

20         (c)  Advise and make recommendations to the various

21  state agencies concerned with matters affecting consumers.

22         (d)  Assist, advise, and cooperate with local, state,

23  or federal agencies and officials in order to promote the

24  interests of consumers.

25         (e)  Make use of the testing and laboratory facilities

26  of the department for the detection of consumer fraud.

27         (f)  Report to the appropriate law enforcement officers

28  any information concerning violation of consumer protection

29  laws.

30         (g)  Assist, develop, and conduct programs of consumer

31  education and consumer information through publications and


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    SB 4-A                                         First Engrossed



 1  other informational and educational material prepared for

 2  dissemination to the public, in order to increase the

 3  competence of consumers.

 4         (h)  Organize and hold conferences on problems

 5  affecting consumers.

 6         (i)  Recommend programs to encourage business and

 7  industry to maintain high standards of honesty, fair business

 8  practices, and public responsibility in the production,

 9  promotion, and sale of consumer goods and services.

10         (3)  In addition to the powers, duties, and

11  responsibilities authorized by this or any other chapter, the

12  Division of Consumer Services shall serve as a clearinghouse

13  for matters relating to consumer protection, consumer

14  information, and consumer services generally. It shall receive

15  complaints and grievances from consumers and promptly transmit

16  them to that agency most directly concerned in order that the

17  complaint or grievance may be expeditiously handled in the

18  best interests of the complaining consumer. If no agency

19  exists, the Division of Consumer Services shall seek a

20  settlement of the complaint using formal or informal methods

21  of mediation and conciliation and may seek any other

22  resolution of the matter in accordance with its jurisdiction.

23         (4)  If any complaint received by the Division of

24  Consumer Services concerns matters which involve concurrent

25  jurisdiction in more than one agency, duplicate copies of the

26  complaint shall be referred to those offices deemed to have

27  concurrent jurisdiction.

28         (3)(5)(a)  Any agency, office, bureau, division, or

29  board of state government receiving a complaint which deals

30  with consumer fraud or consumer protection and which is not

31  within the jurisdiction of the receiving agency, office,


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    SB 4-A                                         First Engrossed



 1  bureau, division, or board originally receiving it, shall

 2  immediately refer the complaint to the Division of Consumer

 3  Services.

 4         (b)  Upon receipt of such a complaint, the Division of

 5  Consumer Services shall make a determination of the proper

 6  jurisdiction to which the complaint relates and shall

 7  immediately refer the complaint to the agency, office, bureau,

 8  division, or board which does have the proper regulatory or

 9  enforcement authority to deal with it.

10         (6)(a)  The office or agency to which a complaint has

11  been referred shall within 30 days acknowledge receipt of the

12  complaint and report on the disposition made of the complaint.

13  In the event a complaint has not been disposed of within 30

14  days, the receiving office or agency shall file progress

15  reports with the Division of Consumer Services no less

16  frequently than 30 days until final disposition.

17         (b)  The report shall contain at least the following

18  information:

19         1.  A finding of whether the receiving agency has

20  jurisdiction of the subject matter involved in the complaint.

21         2.  Whether the complaint is deemed to be frivolous,

22  sham, or without basis in fact or law.

23         3.  What action has been taken and a report on whether

24  the original complainant was satisfied with the final

25  disposition.

26         4.  Any recommendation regarding needed changes in law

27  or procedure which in the opinion of the reporting agency or

28  office will improve consumer protection in the area involved.

29         (7)(a)  If the office or agency receiving a complaint

30  fails to file a report as contemplated in this section, that

31  failure shall be construed as a denial by the receiving office


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    SB 4-A                                         First Engrossed



 1  or agency that it has jurisdiction of the subject matter

 2  contained in the complaint.

 3         (b)  If an office or agency receiving a complaint

 4  determines that the matter presents a prima facie case for

 5  criminal prosecution or if the complaint cannot be settled at

 6  the administrative level, the complaint together with all

 7  supporting evidence shall be transmitted to the Department of

 8  Legal Affairs or other appropriate enforcement agency with a

 9  recommendation for civil or criminal action warranted by the

10  evidence.

11         (4)(8)  The records of the Division of Consumer

12  Services are public records. However, customer lists, customer

13  names, and trade secrets are confidential and exempt from the

14  provisions of s. 119.07(1). Disclosure necessary to

15  enforcement procedures shall not be construed as violative of

16  this prohibition.

17         (5)(9)  It shall be the duty of the Division of

18  Consumer Services to maintain records and compile summaries

19  and analyses of consumer complaints under its jurisdiction and

20  their eventual disposition, which data may serve as a basis

21  for recommendations to the Legislature and to state regulatory

22  agencies.

23         Section 61.  The amendment of section 570.544, Florida

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

25  text of that section shall revert to that in existence on June

26  30, 2003, except that any amendments to such text enacted

27  other than by this act shall be preserved and continue to

28  operate to the extent that such amendments are not dependent

29  upon the portions of such text which expire pursuant to the

30  provisions of this act.

31  


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    SB 4-A                                         First Engrossed



 1         Section 62.  In order to implement Specific

 2  Appropriations 1335-1339 of the 2003-2004 General

 3  Appropriations Act, section 526.3135, Florida Statutes, is

 4  amended to read:

 5         526.3135  Reports by the Division of Standards.--The

 6  Division of Standards is directed to compile a report pursuant

 7  to s. 570.544 of all complaints received by the Department of

 8  Agriculture and Consumer Services pursuant to this act. Such

 9  report shall contain at least the information required by s.

10  570.544(6)(b)2.-4. and shall be presented to the Speaker of

11  the House of Representatives and the President of the Senate

12  no later than January 1 of each year.

13         Section 63.  The amendment of section 526.3135, Florida

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

15  text of that section shall revert to that in existence on June

16  30, 2003, except that any amendments to such text enacted

17  other than by this act shall be preserved and continue to

18  operate to the extent that such amendments are not dependent

19  upon the portions of such text which expire pursuant to the

20  provisions of this act.

21         Section 64.  In order to implement Specific

22  Appropriations 1335-1339 of the 2003-2004 General

23  Appropriations Act, subsection (2) of section 559.921, Florida

24  Statutes, is amended to read:

25         559.921  Remedies.--

26         (2)  The department shall refer process consumer

27  complaints to the Division of Consumer Services according to

28  ss. 570.07 and 570.544.

29         Section 65.  The amendment of subsection (2) of section

30  559.921, Florida Statutes, by this act shall expire on July 1,

31  2004, and the text of that subsection shall revert to that in


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    SB 4-A                                         First Engrossed



 1  existence on June 30, 2003, except that any amendments to such

 2  text enacted other than by this act shall be preserved and

 3  continue to operate to the extent that such amendments are not

 4  dependent upon the portions of such text which expire pursuant

 5  to the provisions of this act.

 6         Section 66.  In order to implement Section 63 of the

 7  2003-2004 General Appropriations Act, subsection (21) is added

 8  to section 259.105, Florida Statutes, to read:

 9         259.105  The Florida Forever Act.--

10         (21)  For the 2003-2004 fiscal year only and

11  notwithstanding the provisions of subsection (11), the

12  distribution of funds to water management districts for the

13  purposes of funding projects pursuant to paragraph (3)(a)

14  shall include the additional amount appropriated in the

15  2003-2004 General Appropriations Act to the South Florida

16  Water Management District to offset the amount vetoed in

17  chapter 2002-394, Laws of Florida. This subsection expires

18  July 1, 2004.

19         Section 67.  Notwithstanding the provisions of section

20  403.7095, Florida Statutes, in order to implement Specific

21  Appropriation 1677A of the 2003-2004 General Appropriations

22  Act, the Department of Environmental Protection shall award:

23         (1)  $4,000,000 in grants equally to counties with

24  populations of fewer than 100,000 for waste tire, litter

25  prevention, recycling and education, and general solid waste

26  programs.

27         (2)  $1,750,000 in waste tire grants to counties, on a

28  per capita basis, with populations of 100,000 or more.

29         (3)  $750,000 in competitive innovative grants to

30  cities and counties on the prioritized list of projects

31  


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    SB 4-A                                         First Engrossed



 1  submitted by the Department of Environmental Protection to the

 2  Legislature.

 3         Section 68.  In order to implement Specific

 4  Appropriation 1379A of the 2003-2004 General Appropriations

 5  Act and notwithstanding any provision of chapter 287 or

 6  chapter 337, Florida Statutes, from the funds appropriated to

 7  the Department of Agriculture and Consumer Services for the

 8  2002-2003 and 2003-2004 fiscal years for the purpose of

 9  constructing an agricultural interdiction station on

10  Interstate 10 in Escambia County, the Department of

11  Agriculture and Consumer Services shall enter into an

12  agreement with the Department of Transportation wherein the

13  Department of Transportation, on behalf of the Department of

14  Agriculture and Consumer Services, shall proceed with the

15  construction of the station under the authority established in

16  chapter 337, Florida Statutes. The Department of Agriculture

17  and Consumer Services shall be authorized to execute all

18  contracts resulting from such Department of Transportation

19  selection of contractors in compliance with chapter 337,

20  Florida Statutes. This section expires July 1, 2004.

21         Section 69.  In order to implement Specific

22  Appropriations 2132 through 2169 of the 2003-2004 General

23  Appropriations Act and notwithstanding the provisions of

24  section 471.003, Florida Statutes, neither the Department of

25  Business and Professional Regulation nor the Florida Engineers

26  Management Corporation may utilize any funds to investigate,

27  prosecute, or maintain any action against any employee or

28  contractor of a sole proprietorship, firm, limited liability

29  company, partnership, joint stock association, corporation, or

30  other business entity that:

31  


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    SB 4-A                                         First Engrossed



 1         (1)  Provides products, services, or a project

 2  described in section 288.1045(1)(i), Florida Statutes, to an

 3  agency or department of the United States or the government of

 4  a foreign country which involves the design, development,

 5  production, sale, or provision of defense or aerospace

 6  products or services;

 7         (2)  Consists of or supports commercial aircraft and

 8  the entity holds a certificate issued by the Federal Aviation

 9  Administration under Chapter 21, Title 14, Code of Federal

10  Regulations;

11         (3)  Consists of space vehicles or space services that

12  are subject to licensing or regulation by an agency or

13  department of the United States under Title 14, Title 47, or

14  Title 48 of the Code of Federal Regulations or for sale or use

15  outside the United States;

16         (4)  Allows the use of the term "engineer" or

17  "engineering" in a job title or personnel classification by an

18  employee or contractor to the extent that the use of the title

19  or classification is related to activities described in

20  subsections (1)-(3) and such employee or contractor is

21  authorized under the terms of a contract described in

22  subsections (1)-(3) to provide such services; or

23         (5)  Is employed by an entity not offering engineering

24  services to either the public or providing services described

25  in subsections (1)-(3). Such employee or contractor may use

26  the title "engineer" or any title listed in paragraph

27  471.031(1)(b), Florida Statutes, except "professional

28  engineer," "licensed engineer," or "registered engineer," so

29  long as such use does not indicate that the person is duly

30  licensed and is authorized to practice engineering beyond the

31  scope of the exemptions set forth in section 471.003(2),


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    SB 4-A                                         First Engrossed



 1  Florida Statutes. Provided, however, that a person described

 2  in this subsection shall have obtained a baccalaureate degree

 3  in engineering.

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

 5         Section 70.  In order to implement Specific

 6  Appropriations 2776 and 2783 of the 2003-2004 General

 7  Appropriations Act, section 195.022, Florida Statutes, is

 8  amended to read:

 9         195.022  Forms to be prescribed by Department of

10  Revenue.--The Department of Revenue shall prescribe and

11  furnish all forms to be used by property appraisers, tax

12  collectors, clerks of the circuit court, and value adjustment

13  boards in administering and collecting ad valorem taxes.  The

14  department shall prescribe a form for each purpose. For

15  counties with a population of 100,000 or fewer, the Department

16  of Revenue shall furnish the forms. For counties with a

17  population greater than 100,000, the county officer shall

18  reproduce forms for distribution at the expense of his or her

19  office. A county officer may use a form other than the form

20  prescribed by the department, but only at the expense of his

21  or her office and upon obtaining written permission from the

22  executive director of the department; however, provided that

23  no county officer shall use a form the substantive content of

24  which is at variance with the form prescribed by the

25  department for the same or a similar purpose. If the executive

26  director finds good cause to grant such permission he or she

27  may do so.  The county officer may continue to use such

28  approved form until the law which specifies the form is

29  amended or repealed or until the officer receives written

30  disapproval from the executive director.  Otherwise, all such

31  officers and their employees shall use the forms, and follow


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    SB 4-A                                         First Engrossed



 1  the instructions applicable to the forms, which are prescribed

 2  furnished to them by the department.  The department, upon

 3  request of any property appraiser or, in any event, at least

 4  once every 3 years, shall prescribe and furnish such aerial

 5  photographs and nonproperty ownership maps to the property

 6  appraisers as are necessary to ensure that all real property

 7  within the state is properly listed on the roll.  All forms

 8  and maps furnished by the department shall be paid for by the

 9  department as provided by law.  All forms and maps and

10  instructions relating to their use shall be substantially

11  uniform throughout the state.  An officer may employ

12  supplemental forms and maps, at the expense of his or her

13  office, which he or she deems expedient for the purpose of

14  administering and collecting ad valorem taxes.  The forms

15  required in ss. 193.461(3)(a) and 196.011(1) for renewal

16  purposes shall require sufficient information for the property

17  appraiser to evaluate the changes in use since the prior year.

18  If the property appraiser determines, in the case of a

19  taxpayer, that he or she has insufficient current information

20  upon which to approve the exemption, or if the information on

21  the renewal form is inadequate for him or her to evaluate the

22  taxable status of the property, he or she may require the

23  resubmission of an original application.

24         Section 71.  The amendment of section 195.022, Florida

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

26  text of that section shall revert to that in existence on June

27  30, 2003, except that any amendments to such text enacted

28  other than by this act shall be preserved and continue to

29  operate to the extent that such amendments are not dependent

30  upon the portions of such text which expire pursuant to the

31  provisions of this act.


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 1         Section 72.  In order to implement Specific

 2  Appropriation 1439K of the 2003-2004 General Appropriations

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

 4  252.373, Florida Statutes, are amended to read:

 5         252.373  Allocation of funds; rules.--

 6         (1)

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

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

 9  the Emergency Management, Preparedness, and Assistance Trust

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

11  This paragraph expires on July 1, 2004 2003.

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

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

14  Department of Community Affairs shall conduct a review of

15  funds available in the Emergency Management, Preparedness, and

16  Assistance Trust Fund. By December 31 1, 2003 2002, when

17  actual receipts for the 2002-2003 2001-2002 fiscal year are

18  determined, the Department of Community Affairs may identify

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

20  2001-2002 fiscal year that are not required to implement

21  appropriations for the 2002-2003 fiscal year from the

22  Emergency Management, Preparedness, and Assistance Trust Fund,

23  and such funds may be transferred to the Grants and Donations

24  Trust Fund to be used for the state portion of the match

25  requirements for federally approved disaster Hazard Mitigation

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

27  2003.

28         Section 73.  In order to implement proviso language in

29  Specific Appropriation 2014A of the 2003-2004 General

30  Appropriations Act, section 402.3017, Florida Statutes, is

31  amended to read:


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    SB 4-A                                         First Engrossed



 1         402.3017  Teacher Education and Compensation Helps

 2  (TEACH) scholarship program.--

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

 4  child care teacher education and training is a key predictor

 5  for determining program quality. The Legislature also finds

 6  that low wages for child care workers prevent many from

 7  obtaining increased training and education and contribute to

 8  high turnover rates.  The Legislature therefore intends to

 9  help fund a program which links teacher training and education

10  to compensation and commitment to the field of early childhood

11  education.

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

13  authorized to contract for the administration of the Teacher

14  Education and Compensation Helps (TEACH) scholarship program,

15  which provides educational scholarships to caregivers and

16  administrators of early childhood programs, family day care

17  homes, and large family child care homes.

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

19  implement this section.

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

21  Agency for Workforce Innovation shall administer this section.

22  This subsection expires July 1, 2004 2003.

23         Section 74.  In order to implement Specific

24  Appropriation 2014A of the 2003-2004 General Appropriations

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

26  amended to read:

27         411.01  Florida Partnership for School Readiness;

28  school readiness coalitions.--

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

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

31  2002-2003 only, the first children to be placed in the school


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    SB 4-A                                         First Engrossed



 1  readiness program shall be those from families receiving

 2  temporary cash assistance and subject to federal work

 3  requirements. Subsequent placements shall be pursuant to the

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

 5  2004 2003.

 6         Section 75.  In order to implement Section 40 of the

 7  2003-2004 General Appropriations Act, subsection (10) of

 8  section 288.063, Florida Statutes, is amended to read:

 9         288.063  Contracts for transportation projects.--

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

11  funds appropriated for this purpose shall not be subject to

12  reversion.

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

14  notwithstanding paragraph (a), funds appropriated for this

15  purpose in previous years are subject to the reversion

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

17  2004.

18         Section 76.  In order to implement Specific

19  Appropriation 2315D of the 2003-2004 General Appropriations

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

21  Florida Statutes, is amended to read:

22         320.08058  Specialty license plates.--

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

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

25  annually distributed as follows:

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

27  Professional Sports Team plate must be deposited into the

28  Professional Sports Development Trust Fund within the Office

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

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

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


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    SB 4-A                                         First Engrossed



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

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

 3  Basketball Association, the National Football League, the

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

 5  Collegiate Athletic Association Final Four basketball

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

 7  funds must be used to support and promote major sporting

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

 9  Foundation.

10         2.  The remaining proceeds of the Florida Professional

11  Sports Team license plate must be allocated to the Florida

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

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

14  be deposited into the Professional Sports Development Trust

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

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

17  Foundation to promote the economic development of the sports

18  industry; to distribute licensing and royalty fees to

19  participating professional sports teams; to institute a grant

20  program for communities bidding on minor sporting events that

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

22  to Florida-based charities designated by the Florida Sports

23  Foundation and the participating professional sports teams;

24  and to fulfill the sports promotion responsibilities of the

25  Office of Tourism, Trade, and Economic Development.

26         3.  The Florida Sports Foundation shall provide an

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

28  financial accounts and records by an independent certified

29  public accountant pursuant to the contract established by the

30  Office of Tourism, Trade, and Economic Development as

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


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

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

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

 4  Auditor General for review.

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

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

 7  proceeds from the Professional Sports Development Trust Fund

 8  may also be used for operational expenses of the Florida

 9  Sports Foundation and financial support of the Sunshine State

10  Games. This subparagraph expires July 1, 2004.

11         Section 77.  In order to implement Section 62 of the

12  2003-2004 General Appropriations Act, subsection (5) is added

13  to section 339.08, Florida Statutes, to read:

14         339.08  Use of moneys in State Transportation Trust

15  Fund.--

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

17  notwithstanding the provisions of this section and s.

18  339.09(1), $200 million may be transferred from the State

19  Transportation Trust Fund to the General Revenue Fund in the

20  2003-2004 General Appropriations Act. Such transfer may be

21  comprised of several smaller transfers made during the

22  2003-2004 fiscal year. Notwithstanding ss. 206.46(3) and

23  206.606(2), the total amount transferred shall be reduced from

24  total state revenues deposited into the State Transportation

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

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

27         Section 78.  In order to implement Specific

28  Appropriation 1979A of the 2003-2004 General Appropriations

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

30         445.048  Passport to Economic Progress demonstration

31  program.--


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

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

 3  Department of Children and Family Services and the Agency for

 4  Workforce Innovation, shall implement a Passport to Economic

 5  Progress demonstration program by November 1, 2001, consistent

 6  with the provisions of this section in Hillsborough, and

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

 8  consult with the applicable regional workforce boards and the

 9  applicable local offices of the department which serve the

10  demonstration areas and must encourage community input into

11  the implementation process.

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

13  consultation with the Department of Children and Family

14  Services, finds that federal waivers would facilitate

15  implementation of the demonstration program, the department

16  shall immediately request such waivers, and Workforce Florida,

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

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

19  refusal of the federal government to grant such waivers

20  prevents the implementation of the demonstration program. If

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

22  provisions of the Food Stamp Program would facilitate

23  implementation of the demonstration program, the Department of

24  Children and Family Services shall immediately request such

25  waivers in accordance with s. 414.175.

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

27  additional incentive for employment, and notwithstanding the

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

29  in the areas designated for this demonstration program, the

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

31  shall be disregarded in determining eligibility for temporary


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    SB 4-A                                         First Engrossed



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

 2  414.095(12) shall continue to apply to such individuals.

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

 4  to assist them in making the transition to economic

 5  self-sufficiency, former recipients of temporary cash

 6  assistance residing within the areas designated for this

 7  demonstration program shall be eligible for the following

 8  benefits and services:

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

10  445.030, transitional education and training support services

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

12  is no longer receiving temporary cash assistance;

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

14  445.031, transitional transportation support services as

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

16  no longer receiving temporary cash assistance; and

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

18  445.032, transitional child care as specified in s. 445.032

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

20  temporary cash assistance.

21  

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

23  shall apply to such individuals, as appropriate. This

24  subsection does not constitute an entitlement to transitional

25  benefits and services. If funds are insufficient to provide

26  benefits and services under this subsection, the board of

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

28  and services or otherwise establish priorities for the

29  provisions of such benefits and services.

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

31         (a)  The Legislature finds that:


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    SB 4-A                                         First Engrossed



 1         1.  There are former recipients of temporary cash

 2  assistance who are working full time but whose incomes are

 3  below the poverty level.

 4         2.  Having incomes below the federal poverty level

 5  makes such individuals particularly vulnerable to reliance on

 6  public assistance despite their best efforts to achieve or

 7  maintain economic independence through employment.

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

 9  program that defines economic incentives for achieving

10  specific benchmarks toward self-sufficiency while the

11  individual is working full time.

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

13  Department of Children and Family Services and the Agency for

14  Workforce Innovation, shall offer performance-based incentive

15  bonuses as a component of the Passport to Economic Progress

16  demonstration program in the areas of the state which are

17  designated for the demonstration program. The bonuses do not

18  represent a program entitlement and shall be contingent on

19  achieving specific benchmarks prescribed in the

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

21  purpose are insufficient to provide this financial incentive,

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

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

24  appropriation.

25         (5)  WAGE SUPPLEMENTATION.--

26         (a)  The Legislature finds that:

27         1.  There are former recipients of temporary cash

28  assistance who are working full time but whose incomes are

29  below the federal poverty level.

30         2.  Having incomes below the federal poverty level

31  makes such individuals particularly vulnerable to reliance on


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    SB 4-A                                         First Engrossed



 1  public assistance despite their best efforts to achieve or

 2  maintain economic independence through employment.

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

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

 5  them in fulfilling the transition to economic

 6  self-sufficiency.

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

 8  Department of Children and Family Services and the Agency for

 9  Workforce Innovation, shall create a transitional wage

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

11  the Passport to Economic Progress demonstration program in the

12  areas designated for the demonstration program. This wage

13  supplementation program does not constitute an entitlement to

14  wage supplementation. If funds appropriated are insufficient

15  to provide wage supplementation, the board of directors of

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

17  otherwise establish priorities for wage supplementation.

18         (c)  To be eligible for an incentive bonus wage

19  supplementation under this subsection, an individual must:

20         1.  Be a former recipient of temporary cash assistance

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

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

23  this subsection means employment averaging at least 32 hours

24  per week, until the United States Congress enacts legislation

25  reauthorizing the Temporary Assistance for Needy Families

26  block grant and, after the reauthorization, means employment

27  complying with the employment requirements of the reauthorized

28  law; and

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

30  preceding the date of application for an incentive bonus wage

31  


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    SB 4-A                                         First Engrossed



 1  supplementation which is less than 100 percent of the federal

 2  poverty level.

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

 4  schedule for the payment of wage supplementation under this

 5  subsection. An individual eligible for wage supplementation

 6  under this subsection may receive a payment that equals the

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

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

 9  federal poverty level. An individual may not receive wage

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

11         (e)  The wage supplementation program authorized by

12  this subsection shall be administered through the regional

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

14  policy guidelines, criteria, and applications developed by

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

16  Children and Family Services and the Agency for Workforce

17  Innovation. To the maximum extent possible, the regional

18  workforce boards shall use electronic debit card technologies

19  to provide wage supplementation payments under this program.

20         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

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

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

23  the regional workforce boards in the areas designated for this

24  demonstration program, shall conduct a comprehensive

25  evaluation of the effectiveness of the demonstration program

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

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

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

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

30  include recommendations as to whether the demonstration

31  program should be expanded to other service areas or statewide


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    SB 4-A                                         First Engrossed



 1  and whether the program should be revised to enhance its

 2  administration or effectiveness.

 3         (6)(7)  CONFLICTS.--If there is a conflict between the

 4  implementation procedures described in this section and

 5  federal requirements and regulations, federal requirements and

 6  regulations shall control.

 7         Section 79.  The amendment of section 445.048, Florida

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

 9  text of that section shall revert to that in existence on June

10  30, 2003, except that any amendments to such text enacted

11  other than by this act shall be preserved and continue to

12  operate to the extent that such amendments are not dependent

13  upon the portions of such text which expire pursuant to the

14  provisions of this act.

15         Section 80.  In order to implement Specific

16  Appropriation 2315E of the 2003-2004 General Appropriations

17  Act, and notwithstanding section 14 of chapter 93-187, Laws of

18  Florida, sections 288.9511, 288.9515, and 288.9517, Florida

19  Statutes, relating to technology development activities of

20  Enterprise Florida, Inc., shall not stand repealed on December

21  31, 2003, as scheduled by such chapter law, but are repealed

22  on July 1, 2004.

23         Section 81.  In order to implement Specific

24  Appropriations 2315F, 2315L, and 2315M of the 2003-2004

25  General Appropriations Act, subsection (6) is added to section

26  376.875, Florida Statutes, to read:

27         376.875  Brownfield Property Ownership Clearance

28  Assistance Revolving Loan Trust Fund.--

29         (6)  For the 2003-2004 fiscal year only, and

30  notwithstanding the provisions of subsection (1), moneys in

31  the Brownfield Property Ownership Clearance Assistance


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 1  Revolving Loan Trust Fund may also be used for the purpose of

 2  funding military base protection activities or rural defense

 3  fixed capital outlay infrastructure grants as provided in the

 4  General Appropriations Act. This subsection expires July 1,

 5  2004.

 6         Section 82.  In order to implement Specific

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

 8  Act:

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

10  Legislature detailed information on all costs of court-related

11  services provided by the counties for the county fiscal year

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

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

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

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

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

17  Financial Officer and subject to reporting deadlines

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

19  court, state attorneys, public defenders, court

20  administrators, boards of county commissioners, and sheriffs

21  must provide such assistance to the Chief Financial Officer in

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

23  Financial Officer. The Legislative Committee on

24  Intergovernmental Relations also shall assist in gathering and

25  assessing the cost data and provide technical assistance as

26  requested by the Chief Financial Officer. The Auditor General

27  shall provide technical advice with respect to the gathering

28  and analysis of the cost data.

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

30  Financial Officer at the transaction code level and, for

31  specific transaction codes specified by the Chief Financial


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    SB 4-A                                         First Engrossed



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

 2  Uniform Accounting System Manual developed by the Chief

 3  Financial Officer pursuant to section 218.33, Florida

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

 5  specific programs or purposes categories as are determined

 6  necessary by the Chief Financial Officer. Cost information

 7  provided for such programs or purposes includes identification

 8  of the specific account classifications within the Uniform

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

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

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

12  chief financial officer, must reconcile the cost information

13  provided to the Chief Financial Officer with the Annual

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

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

16  Financial Officer with written certification, signed by the

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

18  administrators, boards of county commissions' chairpersons,

19  and sheriffs attesting to the accuracy of the cost

20  information.

21         (3)  The Chief Financial Officer shall reimburse

22  individuals for travel costs incurred as a result of

23  participation in the gathering and analysis of the cost data

24  from funds specifically appropriated for such purpose.

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

26  to the chairs of the Senate and House of Representatives

27  appropriations committees no later than November 1, 2003,

28  summarizing the court-related cost information submitted by

29  the clerks of the court.

30         Section 83.  In order to implement Specific

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


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    SB 4-A                                         First Engrossed



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

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

 3         413.4021  Pilot program participant county selection;

 4  tax collection enforcement diversion program.--The Department

 5  of Revenue, in coordination with the Florida Association of

 6  Centers for Independent Living and the Florida Prosecuting

 7  Attorneys Association, shall select four counties in which to

 8  operate the pilot program. The association and the state

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

10  counties shall develop and implement a tax collection

11  enforcement diversion program, which shall collect revenue due

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

13  The criteria for referral to the tax collection enforcement

14  diversion program shall be determined cooperatively between

15  the state attorneys' offices in those counties and the

16  Department of Revenue.

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

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

19  of the revenues collected from the tax collection enforcement

20  diversion program shall be deposited into the operating

21  account of the Florida Endowment Foundation for Vocational

22  Rehabilitation, to be used to implement the personal care

23  attendant pilot program and to contract with the state

24  attorneys participating in the tax collection enforcement

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

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

27         Section 84.  In order to implement Specific

28  Appropriation 818 of the 2003-2004 General Appropriations Act,

29  section 27.701, Florida Statutes, is amended to read:

30         27.701  Capital collateral regional counsels.--

31  


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    SB 4-A                                         First Engrossed



 1         (1)  There are created three regional offices of

 2  capital collateral counsel, which shall be located in a

 3  northern, middle, and southern region of the state. The

 4  northern region shall consist of the First, Second, Third,

 5  Fourth, Eighth, and Fourteenth Judicial Circuits; the middle

 6  region shall consist of the Fifth, Sixth, Seventh, Ninth,

 7  Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits;

 8  and the southern region shall consist of the Eleventh,

 9  Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth

10  Judicial Circuits.  Each regional office shall be administered

11  by a regional counsel. A regional counsel must be, and must

12  have been for the preceding 5 years, a member in good standing

13  of The Florida Bar or a similar organization in another state.

14  Each capital collateral regional counsel shall be appointed by

15  the Governor, and is subject to confirmation by the Senate.

16  The Supreme Court Judicial Nominating Commission shall

17  recommend to the Governor three qualified candidates for each

18  appointment as regional counsel. The Governor shall appoint a

19  regional counsel for each region from among the

20  recommendations, or, if it is in the best interest of the fair

21  administration of justice in capital cases, the Governor may

22  reject the nominations and request submission of three new

23  nominees by the Supreme Court Judicial Nominating Commission.

24  Each capital collateral regional counsel shall be appointed to

25  a term of 3 years. Vacancies in the office of capital

26  collateral regional counsel shall be filled in the same manner

27  as appointments. A person appointed as a regional counsel may

28  not run for or accept appointment to any state office for 2

29  years following vacation of office.

30         (2)  For the 2003-2004 fiscal year only and

31  notwithstanding the provisions of subsection (1), the


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    SB 4-A                                         First Engrossed



 1  responsibilities of the regional office of capital collateral

 2  counsel for the northern region of the state shall be met

 3  through a pilot program using only attorneys from the registry

 4  of attorneys maintained pursuant to s. 27.710. Each attorney

 5  participating in the pilot must be qualified to provide

 6  representation in federal court. The Auditor General shall

 7  present a status report on the implementation of the pilot

 8  program to the President of the Senate and the Speaker of the

 9  House of Representatives by February 27, 2004. The Auditor

10  General shall also schedule a performance review of the pilot

11  program to determine the effectiveness and efficiency of using

12  attorneys from the registry compared to the capital collateral

13  regional counsels. The review, at a minimum, shall include

14  comparisons of the timeliness and costs of the pilot and the

15  counsels and shall be submitted to the President of the Senate

16  and the Speaker of the House of Representatives by January 30,

17  2007. This subsection expires July 1, 2004.

18         Section 85.  In order to implement Specific

19  Appropriation 818 of the 2003-2004 General Appropriations Act,

20  paragraphs (a) and (c) of subsection (2) of section 27.709,

21  Florida Statutes, are amended to read:

22         27.709  Commission on Capital Cases.--

23         (2)(a)  The commission shall review the administration

24  of justice in capital collateral cases, receive relevant

25  public input, review the operation of the capital collateral

26  regional counsel and private counsel appointed pursuant to ss.

27  27.710 and 27.711, and advise and make recommendations to the

28  Governor, Legislature, and Supreme Court.

29         (c)  In addition, the commission shall receive

30  complaints regarding the practice of any office of regional

31  counsel and private counsel appointed pursuant to ss. 27.710


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    SB 4-A                                         First Engrossed



 1  and 27.711 and shall refer any complaint to The Florida Bar,

 2  the State Supreme Court, or the Commission on Ethics, as

 3  appropriate.

 4         Section 86.  The amendment of section 27.709, Florida

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

 6  text of that section shall revert to that in existence on June

 7  30, 2003, except that any amendments to such text enacted

 8  other than by this act shall be preserved and continue to

 9  operate to the extent that such amendments are not dependent

10  upon the portions of such text which expire pursuant to the

11  provisions of this act.

12         Section 87.  In order to implement Specific

13  Appropriation 818 of the 2003-2004 General Appropriations Act,

14  subsections (3) and (9) of section 27.711, Florida Statutes,

15  are amended, and subsection (14) is added to that section, to

16  read:

17         27.711  Terms and conditions of appointment of

18  attorneys as counsel in postconviction capital collateral

19  proceedings.--

20         (3)  An attorney appointed to represent a capital

21  defendant is entitled to payment of the fees set forth in this

22  section only upon full performance by the attorney of the

23  duties specified in this section and approval of payment by

24  the trial court, and the submission of a payment request by

25  the attorney, subject to the availability of sufficient

26  funding specifically appropriated for this purpose. An

27  attorney may not be compensated under this section for work

28  performed by the attorney before July 1, 2003, while employed

29  by the northern regional office of the capital collateral

30  counsel. The Comptroller shall notify the executive director

31  and the court if it appears that sufficient funding has not


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    SB 4-A                                         First Engrossed



 1  been specifically appropriated for this purpose to pay any

 2  fees which may be incurred. The attorney shall maintain

 3  appropriate documentation, including a current and detailed

 4  hourly accounting of time spent representing the capital

 5  defendant. The fee and payment schedule in this section is the

 6  exclusive means of compensating a court-appointed attorney who

 7  represents a capital defendant. When appropriate, a

 8  court-appointed attorney must seek further compensation from

 9  the Federal Government, as provided in 18 U.S.C. s. 3006A or

10  other federal law, in habeas corpus litigation in the federal

11  courts.

12         (9)  An attorney may not represent more than five

13  capital defendants in capital postconviction litigation at any

14  one time.

15         (14)  Each attorney participating in the pilot program

16  in the northern region pursuant to s. 27.701(2), as a

17  condition of payment pursuant to this section, shall report on

18  the performance measures adopted by the Legislature for the

19  capital collateral regional counsels.

20         Section 88.  The amendment of section 27.711, 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 89.  In order to implement Specific

29  Appropriation 818 of the 2003-2004 General Appropriations Act,

30  paragraph (b) of subsection (4) of section 27.702, Florida

31  Statutes, is amended to read:


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    SB 4-A                                         First Engrossed



 1         27.702  Duties of the capital collateral regional

 2  counsel; reports.--

 3         (4)

 4         (b)  Each capital collateral regional counsel and each

 5  attorney participating in the pilot program in the northern

 6  region pursuant to s. 27.701(2) shall provide a quarterly

 7  report to the President of the Senate, the Speaker of the

 8  House of Representatives, and the Commission on Capital Cases

 9  which details the number of hours worked by investigators and

10  legal counsel per case and the amounts per case expended

11  during the preceding quarter in investigating and litigating

12  capital collateral cases.

13         Section 90.  The amendment of section 27.702, Florida

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

15  text of that section shall revert to that in existence on June

16  30, 2003, except that any amendments to such text enacted

17  other than by this act shall be preserved and continue to

18  operate to the extent that such amendments are not dependent

19  upon the portions of such text which expire pursuant to the

20  provisions of this act.

21         Section 91.  In order to implement Specific

22  Appropriations 819A-819D of the 2003-2004 General

23  Appropriations Act, paragraph (b) of subsection (2) of section

24  1 of enrolled House Bill 439 from the 2003 regular legislative

25  session and subsection (2) of section 2 of that bill are

26  amended to read:

27         Section 1.  Statewide Guardian Ad Litem Office;

28  legislative findings and intent; creation; appointment of

29  executive director; duties of office.--

30         (2)  STATEWIDE GUARDIAN AD LITEM OFFICE.--There is

31  created a Statewide Guardian Ad Litem Office within the


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    SB 4-A                                         First Engrossed



 1  Justice Administrative Commission. The Justice Administrative

 2  Commission shall provide administrative support and service to

 3  the office to the extent requested by the executive director

 4  within the available resources of the commission. The

 5  Statewide Guardian Ad Litem Office shall not be subject to

 6  control, supervision, or direction by the Justice

 7  Administrative Commission in the performance of its duties.

 8         (b)  The Statewide Guardian Ad Litem Office shall,

 9  within available resources, have oversight responsibilities

10  for and provide technical assistance to all guardian ad litem

11  and attorney ad litem programs located within the judicial

12  circuits.

13         1.  The office shall identify the resources required to

14  implement methods of collecting, reporting, and tracking

15  reliable and consistent case data.

16         2.  The office shall review the current guardian ad

17  litem programs in Florida and other states.

18         3.  The office, in consultation with local guardian ad

19  litem offices, shall develop statewide performance measures

20  and standards.

21         4.  The office shall develop a guardian ad litem

22  training program. The office shall establish a curriculum

23  committee to develop the training program specified in this

24  subparagraph. The curriculum committee shall include, but not

25  be limited to, dependency judges, directors of circuit

26  guardian ad litem programs, active certified guardians ad

27  litem, a mental health professional who specializes in the

28  treatment of children, a member of a child advocacy group, a

29  representative of the Florida Coalition Against Domestic

30  Violence, and a social worker experienced in working with

31  victims and perpetrators of child abuse.


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    SB 4-A                                         First Engrossed



 1         5.  The office shall review the various methods of

 2  funding guardian ad litem programs, shall maximize the use of

 3  those funding sources to the extent possible, and shall review

 4  the kinds of services being provided by circuit guardian ad

 5  litem programs.

 6         6.  The office shall continue the attorney ad litem

 7  demonstration projects through at least October 1, 2004, and

 8  may conduct or contract for other demonstration projects,

 9  within funds appropriated or through gifts, grants, or

10  contributions for such purposes, to determine the feasibility

11  or desirability of new concepts of organization,

12  administration, financing, or service delivery designed to

13  preserve the civil and constitutional rights and fulfill other

14  needs of dependent children.

15         7.  No later than October 1, 2004, the office shall

16  submit to the Governor, the President of the Senate, the

17  Speaker of the House of Representatives, and the Chief Justice

18  of the Supreme Court an interim report describing the progress

19  of the office in meeting the goals as described in this

20  section. No later than October 1, 2004, the office shall

21  submit to the Governor, the President of the Senate, the

22  Speaker of the House of Representatives, and the Chief Justice

23  of the Supreme Court a proposed plan including alternatives

24  for meeting the state's guardian ad litem and attorney ad

25  litem needs. This plan may include recommendations for less

26  than the entire state, may include a phase-in system, and

27  shall include estimates of the cost of each of the

28  alternatives. Each year thereafter, the office shall provide a

29  status report and provide further recommendations to address

30  the need for guardian ad litem services and related issues.

31         Section 2.  Transfer of existing programs.--


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    SB 4-A                                         First Engrossed



 1         (1)  The pilot program for attorneys ad litem for

 2  dependent children established in s. 39.4086, Florida

 3  Statutes, shall be transferred from the State Courts System to

 4  the Statewide Guardian Ad Litem Office within the Justice

 5  Administrative Commission. The Statewide Guardian Ad Litem

 6  Office shall submit the final report required by s.

 7  39.4086(2)(h), Florida Statutes, by October 1, 2004.

 8         (2)  All funds and positions associated with the

 9  Guardian Ad Litem Program within the State Courts System are

10  transferred by a type two transfer, pursuant to s. 20.06(2),

11  Florida Statutes, to the Statewide Guardian Ad Litem Office

12  within the Justice Administrative Commission on January 1,

13  2004, except that up to $35,000 and one full-time equivalent

14  position shall be transferred to the Justice Administrative

15  Commission effective October 1, 2003 2004, to pay for the

16  salary and expenses of an executive director.

17         Section 92.  A section of this act that implements a

18  specific appropriation or specifically identified proviso

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

20  if the specific appropriation or specifically identified

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

22  implements more than one specific appropriation or more than

23  one portion of specifically identified proviso language in the

24  2003-2004 General Appropriations Act is void if all the

25  specific appropriations or portions of specifically identified

26  proviso language are vetoed.

27         Section 93.  If any other act passed in 2003 contains a

28  provision that is substantively the same as a provision in

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

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

31  Legislature intends that the provision in the other act shall


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    SB 4-A                                         First Engrossed



 1  take precedence and shall continue to operate, notwithstanding

 2  the future repeal provided by this act.

 3         Section 94.  (1)  The agency performance measures and

 4  standards in the document entitled "Performance Measures and

 5  Standards Approved by the Legislature for Fiscal Year

 6  2003-2004" dated May 12, 2003, and filed with the Secretary of

 7  the Senate are incorporated by reference. Such performance

 8  measures and standards are directly linked to the

 9  appropriations made in the General Appropriations Act for

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

11  Performance and Accountability Act of 1994. State agencies are

12  directed to revise their long-range program plans required

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

14  these performance measures and standards.

15         (2)  For the Department of Environmental Protection,

16  the approved performance measures incorporated by reference

17  for the 2003-2004 Fiscal Year shall be those revised

18  activity-based measures developed by the department pursuant

19  to its Fiscal Year 2002-2003 review of approved activities and

20  measures. Such revised activities and measures shall be

21  incorporated into the department's Long-Range Program Plan for

22  Fiscal Years 2004-2005 to 2008-2009 and shall be used as the

23  basis for all activity references and performance measurement

24  exhibits required in the department's Legislative Budget

25  Request for the Fiscal Year 2004-2005. Current performance

26  standards shall be retained where applicable. Standards shall

27  be proposed in June 2004 and adopted for Fiscal Year

28  2004-2005, based upon Fiscal Year 2003-2004 performance data

29  for measures without current performance standards. As of July

30  1, 2003, expenditure data will be entered into the Florida

31  


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    SB 4-A                                         First Engrossed



 1  Accounting Information Resource system at the revised activity

 2  level.

 3         Section 95.  If any law that is amended by this act was

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

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

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

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

 8         Section 96.  If any provision of this act or its

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

10  invalidity does not affect other provisions or applications of

11  the act which can be given effect without the invalid

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

13  this act are severable.

14         Section 97.  Except as otherwise expressly provided in

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

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

17  effect upon becoming a law and shall operate retroactively to

18  July 1, 2003.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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