Amendment

Bill No. 1837

Amendment No. 087107

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 1837 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  It is the intent of the Legislature that the
6	implementing and administering provisions of this act apply to
7	the General Appropriations Act for fiscal year 2004-2005.
8	Section 2.  In order to implement Specific Appropriations
9	13-18, 20, 21, 23, 24, 27B-28, and 156-165 of the 2004-2005
10	General Appropriations Act:
11	(1)  Each university that has not made the transition,
12	effective July 1, 2004, from the state accounting system (FLAIR)
13	shall utilize the state accounting system for fiscal year 2004-
14	2005 but is not required to provide funds to the Department of
15	Financial Services for its utilization.
16	(2)  Notwithstanding the provisions of ss. 216.181,
17	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
18	216.351, Florida Statutes, funds appropriated or reappropriated
19	to the state universities in the 2004-2005 General
20	Appropriations Act, or any other act passed by the 2004
21	Legislature containing appropriations, shall be distributed to
22	each university according to the 2004-2005 fiscal year operating
23	budget approved by the university board of trustees. Each
24	university board of trustees shall have authority to amend the
25	operating budget as circumstances warrant. The operating budget
26	may utilize traditional appropriation categories or it may
27	consolidate the appropriations into a special category
28	appropriation account. The Chief Financial Officer, upon the
29	request of the university board of trustees, shall record by
30	journal transfer the distribution of the appropriated funds and
31	releases according to the approved operating budget to the
32	appropriation accounts established for disbursement purposes for
33	each university within the state accounting system (FLAIR).
34	(3)  Notwithstanding the provisions of ss. 216.181,
35	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
36	216.351, Florida Statutes, each university board of trustees
37	shall include in an approved operating budget the revenue in
38	trust funds supported by student and other fees as well as the
39	trust funds within the Contracts, Grants, and Donations;
40	Auxiliary Enterprises; and Sponsored Research budget entities.
41	The university board of trustees shall have the authority to
42	amend the operating budget as circumstances warrant. The
43	operating budget may utilize traditional appropriation
44	categories or it may consolidate the trust fund spending
45	authority into a special category appropriation account. The
46	Chief Financial Officer, upon the request of the university
47	board of trustees, shall record the distribution of the trust
48	fund spending authority and releases according to the approved
49	operating budget to the appropriation accounts established for
50	disbursement purposes for each university within the state
51	accounting system (FLAIR).
52	(4)  Notwithstanding those provisions of ss. 216.181,
53	216.292, and 1011.4105, Florida Statutes, which are inconsistent
54	with the provisions of this subsection and pursuant to s.
55	216.351, Florida Statutes, fixed capital outlay funds
56	appropriated or reappropriated in the 2004-2005 General
57	Appropriations Act, or any other act passed by the 2004
58	Legislature containing fixed capital outlay appropriations, for
59	universities that have made the transition, effective July 1,
60	2004, from the state accounting system (FLAIR) shall be
61	administered by the Department of Education and shall be
62	distributed to the universities as needed for projects based
63	upon estimated invoices to be paid during the following 30 days
64	or as required by bond documents. For undisbursed fixed capital
65	outlay appropriations from prior fiscal years for universities
66	that have made the transition, effective July 1, 2004, from the
67	state accounting system (FLAIR), the Executive Office of the
68	Governor and the Chief Financial Officer shall have authority to
69	transfer such undisbursed fixed capital outlay appropriations
70	into appropriations under the Department of Education for
71	distribution to the universities as needed for projects based on
72	estimated invoices to be paid during the following 30 days or as
73	required by bond documents. Expenditure of fixed capital outlay
74	appropriations shall be consistent with legislative policy and
75	intent.
76	(5)  This section expires July 1, 2005.
77	Section 3.  In order to implement Specific Appropriation
78	156 and section 9 of the 2004-2005 General Appropriations Act,
79	and notwithstanding the provisions of section 216.292(5)(d),
80	Florida Statutes, the Florida State University is authorized to
81	construct a classroom building from the funding received
82	pursuant to the 2004-2005 General Appropriations Act. This
83	section expires July 1, 2005.
84	Section 4.  In order to implement Specific Appropriations
85	303, 306, and 308 of the 2004-2005 General Appropriations Act,
86	subsection (12) of section 216.292, Florida Statutes, is amended
87	to read:
88	216.292  Appropriations nontransferable; exceptions.--
89	(12)  For the 2004-2005 2003-2004 fiscal year only and
90	notwithstanding the other provisions of this section, the
91	Department of Children and Family Services may transfer funds
92	within the family safety program identified in the General
93	Appropriations Act from identical funding sources between the
94	following appropriation categories without limitation as long as
95	such a transfer does not result in an increase to the total
96	recurring general revenue or trust fund cost of the agency in
97	the subsequent fiscal year: adoption services and subsidy;
98	family foster care; and emergency shelter care. Such transfers
99	must be consistent with legislative policy and intent and must
100	not adversely affect achievement of approved performance
101	outcomes or outputs in the family safety program. Notice of
102	proposed transfers under this authority must be provided to the
103	Executive Office of the Governor and the chairs of the
104	legislative appropriations committees at least 5 working days
105	before their implementation. This subsection expires July 1,
106	2005 2004.
107	Section 5.  In order to implement Specific Appropriation
108	388 of the 2004-2005 General Appropriations Act, subsection (4)
109	of section 561.121, Florida Statutes, is amended to read:
110	561.121  Deposit of revenue.--
111	(4)(a)  State funds collected pursuant to s. 561.501 shall
112	be paid into the State Treasury and credited to the following
113	accounts:
114	1.  Twenty-seven and two-tenths percent of the surcharge on
115	the sale of alcoholic beverages for consumption on premises
116	shall be transferred to the Children and Adolescents Substance
117	Abuse Trust Fund, which shall remain with the Department of
118	Children and Family Services for the purpose of funding programs
119	directed at reducing and eliminating substance abuse problems
120	among children and adolescents.
121	2.  The remainder of collections shall be credited to the
122	General Revenue Fund.
123	(b)  For the 2004-2005 2003-2004 state fiscal year only,
124	and notwithstanding the provisions of subparagraph (a)1., moneys
125	in the Children and Adolescents Substance Abuse Trust Fund may
126	also be used for the purpose of funding programs directed at
127	reducing and eliminating substance abuse problems among adults.
128	This paragraph expires July 1, 2005 2004.
129	Section 6.  In order to implement Specific Appropriation
130	301B of the 2004-2005 General Appropriations Act, subsection (7)
131	of section 409.1671, Florida Statutes, as amended by section 27
132	of chapter 2003-399, Laws of Florida, is amended to read:
133	409.1671  Foster care and related services;
134	privatization.--
135	(7)  The department, in consultation with existing lead
136	agencies, shall develop a proposal regarding the long-term use
137	and structure of a statewide shared earnings program which
138	addresses the financial risk to eligible lead community-based
139	providers resulting from unanticipated caseload growth or from
140	significant changes in client mixes or services eligible for
141	federal reimbursement. The recommendations in the statewide
142	proposal must also be available to entities of the department
143	until the conversion to community-based care takes place. At a
144	minimum, the proposal must allow for use of federal earnings
145	received from child welfare programs, which earnings are
146	determined by the department to be in excess of the amount
147	appropriated in the General Appropriations Act, to be used for
148	specific purposes. These purposes include, but are not limited
149	to:
150	(a)  Significant changes in the number or composition of
151	clients eligible to receive services.
152	(b)  Significant changes in the services that are eligible
153	for reimbursement.
154	(c)  Significant changes in the availability of federal
155	funds.
156	(d)  Shortfalls in state funds available for eligible or
157	ineligible services.
158	(e)  Significant changes in the mix of available funds.
159	(f)  Scheduled or unanticipated, but necessary, advances to
160	providers or other cash-flow issues.
161	(g)  Proposals to participate in optional Medicaid services
162	or other federal grant opportunities.
163	(h)  Appropriate incentive structures.
164	(i)  Continuity of care in the event of lead agency
165	failure, discontinuance of service, or financial misconduct.
166
167	The department shall further specify the necessary steps to
168	ensure the financial integrity of these dollars and their
169	continued availability on an ongoing basis. The final proposal
170	shall be submitted to the Legislative Budget Commission for
171	formal adoption before December 31, 2004 2002. If the
172	Legislative Budget Commission refuses to concur with the
173	adoption of the proposal, the department shall present its
174	proposal in the form of recommended legislation to the President
175	of the Senate and the Speaker of the House of Representatives
176	before the commencement of the next legislative session. For
177	fiscal year 2003-2004 and annually thereafter, the department of
178	Children and Family Services may request in its legislative
179	budget request, and the Governor may recommend, the funding
180	necessary to carry out paragraph (i) from excess federal
181	earnings. The General Appropriations Act shall include any funds
182	appropriated for this purpose in a lump sum in the department
183	Administered Funds Program, which funds constitute partial
184	security for lead agency contract performance. The department
185	shall use this appropriation to offset the need for a
186	performance bond for that year after a comparison of risk to the
187	funds available. In no event shall this performance bond exceed
188	2.5 percent of the annual contract value. The department may
189	separately require a bond to mitigate the financial consequences
190	of potential acts of malfeasance, misfeasance, or criminal
191	violations by the provider. Prior to the release of any funds in
192	the lump sum, the department shall submit a detailed operational
193	plan, which must identify the sources of specific trust funds to
194	be used. The release of the trust fund shall be subject to the
195	notice and review provisions of s. 216.177. However, the release
196	shall not require approval of the Legislative Budget Commission.
197	Section 7.  The amendment of subsection (7) of section
198	409.1671, Florida Statutes, by this act shall expire on July 1,
199	2005, and the text of that subsection shall revert to that in
200	existence on June 30, 2004, except that any amendments to such
201	text enacted other than by this act shall be preserved and
202	continue to operate to the extent that such amendments are not
203	dependent upon the portions of such text which expire pursuant
204	to the provisions of this act.
205	Section 8.  In order to implement Specific Appropriations
206	382-388 of the 2004-2005 General Appropriations Act, subsection
207	(8) of section 394.908, Florida Statutes, is amended to read:
208	394.908  Substance abuse and mental health funding equity;
209	distribution of appropriations.--In recognition of the
210	historical inequity among service districts of the former
211	Department of Health and Rehabilitative Services in the funding
212	of substance abuse and mental health services, and in order to
213	rectify this inequity and provide for equitable funding in the
214	future throughout the state, the following funding process shall
215	be adhered to:
216	(8)  For fiscal year 2004-2005 2003-2004 only, and
217	notwithstanding the provisions of this section, all new funds
218	received in excess of fiscal year 2003-2004 2002-2003 recurring
219	appropriations shall be allocated in accordance with the
220	provisions of the General Appropriations Act; however, no
221	district shall receive an allocation of recurring funds less
222	than its initial approved operating budget, plus any
223	distributions of lump sum appropriations or reductions in
224	unfunded budget, for fiscal year 2003-2004 2002-2003. This
225	subsection expires July 1, 2005 2004.
226	Section 9.  In order to implement Specific Appropriations
227	436-445 of the 2004-2005 General Appropriations Act, subsection
228	(14) of section 287.057, Florida Statutes, is amended to read:
229	287.057  Procurement of commodities or contractual
230	services.--
231	(14)(a)  Contracts for commodities or contractual services
232	may be renewed for a period that may not exceed 3 years or the
233	term of the original contract, whichever period is longer.
234	Renewal of a contract for commodities or contractual services
235	shall be in writing and shall be subject to the same terms and
236	conditions set forth in the initial contract. If the commodity
237	or contractual service is purchased as a result of the
238	solicitation of bids, proposals, or replies, the price of the
239	commodity or contractual service to be renewed shall be
240	specified in the bid, proposal, or reply. A renewal contract may
241	not include any compensation for costs associated with the
242	renewal. Renewals shall be contingent upon satisfactory
243	performance evaluations by the agency and subject to the
244	availability of funds. Exceptional purchase contracts pursuant
245	to s. 287.057(5)(a) and (c) may not be renewed.
246	(b)  Notwithstanding paragraph (a), the Department of
247	Children and Family Services may enter into agreements, not to
248	exceed 20 years, with a private provider to finance, design, and
249	construct a treatment facility, as defined in s. 394.455, of at
250	least 200 beds and to operate all aspects of daily operations
251	within the treatment facility. The selected contractor is
252	authorized to sponsor the issuance of tax-exempt certificates of
253	participation or other securities to finance the project, and
254	the state is authorized to enter into a lease-purchase agreement
255	for the treatment facility. The Department of Children and
256	Family Services shall begin the implementation of this
257	privatization initiative by January 1, 2005. This paragraph
258	expires July 1, 2005.
259	Section 10.  In order to implement Specific Appropriation
260	545 of the 2004-2005 General Appropriations Act, paragraph (k)
261	of subsection (2) of section 381.0066, Florida Statutes, is
262	amended to read:
263	381.0066  Onsite sewage treatment and disposal systems;
264	fees.--
265	(2)  The minimum fees in the following fee schedule apply
266	until changed by rule by the department within the following
267	limits:
268	(k)  Research: An additional $5 fee shall be added to each
269	new system construction permit issued during fiscal years 1996-
270	2005 1996-2004 to be used for onsite sewage treatment and
271	disposal system research, demonstration, and training projects.
272	Five dollars from any repair permit fee collected under this
273	section shall be used for funding the hands-on training centers
274	described in s. 381.0065(3)(j).
275
276
277	The funds collected pursuant to this subsection must be
278	deposited in a trust fund administered by the department, to be
279	used for the purposes stated in this section and ss. 381.0065
280	and 381.00655.
281	Section 11.  In order to implement Specific Appropriation
282	510 of the 2004-2005 General Appropriations Act, subsection (6)
283	of section 385.207, Florida Statutes, is amended to read:
284	385.207  Care and assistance of persons with epilepsy;
285	establishment of programs in epilepsy control.--
286	(6)  For the 2004-2005 2003-2004 fiscal year only, funds in
287	the Epilepsy Services Trust Fund may be appropriated for
288	epilepsy case management services. This subsection expires July
289	1, 2005 2004.
290	Section 12.  In order to implement Specific Appropriation
291	251-445 of the 2004-2005 General Appropriations Act, paragraph
292	(b) of subsection (5) of section 20.19, Florida Statutes, is
293	amended to read:
294	20.19  Department of Children and Family Services.--There
295	is created a Department of Children and Family Services.
296	(5)  SERVICE DISTRICTS.--
297	(b)1.  The secretary shall appoint a district administrator
298	for each of the service districts. The district administrator
299	shall serve at the pleasure of the secretary and shall perform
300	such duties as assigned by the secretary. Subject to the
301	approval of the secretary, such duties shall include
302	transferring up to 10 percent of the total district budget, the
303	provisions of ss. 216.292 and 216.351 notwithstanding.
304	2.  For the 2003-2004 fiscal year only, the transfer
305	authority provided in this subsection must be specifically
306	appropriated in the 2003-2004 General Appropriations Act and
307	shall be pursuant to the requirements of s. 216.292. This
308	subparagraph expires July 1, 2004.
309	3.  For the 2004-2005 fiscal year only, the transfer
310	authority provided in this subsection is available to the
311	department without further restriction other than as contained
312	in this subsection. This subparagraph expires July 1, 2005.
313	Section 13.  In order to implement Specific Appropriation
314	588 of the 2004-2005 General Appropriations Act, subsection (3)
315	of section 381.79, Florida Statutes, is amended to read:
316	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
317	(3)(a)  Annually, 5 percent of the revenues deposited
318	monthly in the fund pursuant to s. 318.21(2)(d) shall be
319	appropriated to the University of Florida and 5 percent to the
320	University of Miami for spinal cord injury and brain injury
321	research. The amount to be distributed to the universities shall
322	be calculated based on the deposits into the fund for each
323	quarter in the fiscal year, but may not exceed $500,000 per
324	university per year. Funds distributed under this subsection
325	shall be made in quarterly payments at the end of each quarter
326	during the fiscal year.
327	(b)  For the 2004-2005 fiscal year only, and
328	notwithstanding paragraph (a), revenues deposited in the fund
329	pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
330	injury and brain injury research at the University of Miami. The
331	amount appropriated in the 2004-2005 General Appropriations Act
332	shall be distributed in equal quarterly payments at the end of
333	each quarter during the fiscal year. This paragraph expires July
334	1, 2005.
335	Section 14.  Effective upon this act becoming a law, in
336	order to implement Specific Appropriation 174-178 of the 2004-
337	2005 General Appropriations Act, and notwithstanding section
338	409.8134, Florida Statutes, as amended by chapter 2004-1, Laws
339	of Florida:
340	(1)  The first potential Florida KidCare program open
341	enrollment period for fiscal year 2004-2005 is January 1, 2005,
342	through January 30, 2005.
343	(2)  Children eligible for the Florida KidCare program who
344	were on the Florida KidCare wait list prior to March 12, 2004,
345	are eligible to be enrolled upon this act becoming a law.
346	(3)  This section expires July 1, 2005.
347	Section 15.  In order to implement Specific Appropriation
348	284 of the 2004?2005 General Appropriations Act, paragraph (g)
349	is added to subsection (2) of section 402.305, Florida Statutes,
350	to read:
351	402.305  Licensing standards; child care facilities.--
352	(2)  PERSONNEL.-Minimum standards for child care personnel
353	shall include minimum requirements as to:
354	(g)  The Department of Children and Families shall provide
355	at least one Child Care Competency Exam in Spanish during the
356	2004-2005 fiscal year. This paragraph expires July 1, 2005.
357	Section 16.  In order to implement Specific Appropriations
358	251-445 of the 2004-2005 General Appropriations Act, subsection
359	(10) of section 402.33, Florida Statutes, is amended to read:
360	402.33  Department authority to charge fees for services
361	provided.--
362	(10)(a)  Unless otherwise specified by the Legislature, fee
363	collections, including third-party reimbursements, in excess of
364	fee-supported appropriations may be used in conformance with the
365	provisions of chapter 216 to fund nonrecurring expenditures for
366	direct client services and to fund administrative costs of
367	improving the fee collection program of the department. No more
368	than one-sixth of the amount of collections in excess of the
369	amount of appropriations may be used to fund such improvements
370	to the program. Priority consideration for the expenditure of
371	excess collections shall be given to those districts and
372	programs most responsible for the excess. A plan for the use of
373	excess collections not spent in the fiscal year in which
374	collected shall be subject to approval by the Executive Office
375	of the Governor within 90 days from the end of the state fiscal
376	year in which the excess occurs.
377	(b)  For the 2004-2005 fiscal year only, the provisions of
378	paragraph (a) shall not apply. This paragraph expires July 1,
379	2005.
380	Section 17.  Effective upon this act becoming a law, in
381	order to implement Specific Appropriations 389-393 of the 2004-
382	2005 General Appropriations Act, in its Economic Self-
383	Sufficiency Services Program, the Department of Children and
384	Family Services may provide its eligibility determination
385	functions either with the department staff or through contract
386	with at least two private vendors or with a combination of at
387	least one private vendor and department employees, with the
388	following restrictions:
389	(1)  With the exception of information technology, no
390	contract with a private vendor shall be for a geographic area
391	larger than a combined seven districts or combined three zones
392	without the prior approval of the Legislative Budget Commission;
393	and
394	(2)  Department employees must provide the functions in at
395	least one zone or combined three districts of the state if their
396	proposed cost is competitive with private vendors.
397
398	This section expires July 1, 2005.
399	Section 18.  In order to implement Specific Appropriation
400	216 of the 2004-2005 General Appropriations Act, subsection (18)
401	is added to section 216.181, Florida Statutes, to read:
402	216.181  Approved budgets for operations and fixed capital
403	outlay.--
404	(18)  In order to implement Specific Appropriation 216 of
405	the 2004-2005 General Appropriations Act, if the federal Centers
406	for Medicare and Medicaid approve LifeSaver Rx during the 2004-
407	2005 fiscal year, the Agency for Health Care Administration may
408	submit a budget amendment certifying the amount of funds
409	necessary and requesting additional appropriations from the
410	General Revenue Fund sufficient to provide the state match for
411	the program and related trust fund appropriations. All actions
412	taken pursuant to the authority granted in this subsection shall
413	be subject to review and approval by the Legislative Budget
414	Commission. This subsection expires July 1, 2005.
415	Section 19.  In order to implement Specific Appropriations
416	228-237 of the 2004-2005 General Appropriations Act, the proviso
417	immediately preceding Specific Appropriation 227 of the 2004-
418	2005 General Appropriations Act, is amended to read:
419
420	From the funds in Specific Appropriations 228 through 237, the
421	Agency for Health Care Administration, in partnership with the
422	Department of Elder Affairs, shall develop a plan which
423	identifies identify funding necessary for to develop and
424	implement an integrated, long-term care, fixed payment, delivery
425	system for Medicaid beneficiaries age 65 and older. Identified
426	funds shall include funds for Medicaid Home and Community-Based
427	waiver services, all Medicaid services authorized in sections
428	409.905 and 409.906, Florida Statutes, including Medicaid
429	nursing home services and funds paid for Medicare premiums,
430	coinsurance and deductibles for persons dually eligible for
431	Medicaid and Medicare as prescribed in section 409.908(13),
432	Florida Statutes. The plan shall provide for the program shall
433	transition of all Medicaid services for eligible elderly
434	individuals into an integrated care management model designed to
435	serve consumers in their community. The agency and the
436	department shall consult with the appropriations committees and
437	the appropriate substantive committees of the Legislature during
438	the development of the plan. The plan shall include specific
439	pilot project sites and may include strategies for the phase-in
440	of  statewide coverage. The plan to implement the pilot project
441	and any necessary budget amendments shall be presented to the
442	Legislative Budget Commission no later than December 31, 2004,
443	for approval. This long-term care model shall operate in
444	Hillsborough, Polk, Orange and Seminole counties.
445
446	The plan shall provide for integration of agency shall, pursuant
447	to Chapter 216, Florida Statutes, move the proportional share of
448	Medicaid funding from specified budget entities and categories
449	to fund the integrated long-term care delivery system. Upon
450	approval, the agency is authorized to integrate all funding for
451	Medicaid services provided to individuals over the age of 65
452	into the integrated system. The agency is authorized to seek
453	federal waivers as necessary to implement this project.
454
455	The plan shall provide for a competitive procurement to operate
456	the project agency, in consultation with the Department of Elder
457	Affairs, is authorized to contract through competitive
458	procurement with two organizations to operate the project. The
459	agency shall insure that rates proposed in the plan are
460	actuarially sound and reflect the intent of the project to
461	provide quality care in the least restrictive setting. The
462	agency shall also insure that the plan provides for
463	organizations to develop a service provider credentialing system
464	and require that the organizations to contract with all Gold
465	Seal nursing homes and exclude, where feasible, chronically poor
466	performing nursing homes. In the absence of a contract between
467	the organization and the nursing home, the plan shall provide
468	that current Medicaid rates shall prevail. The plan shall
469	provide that if the consumer resides in a non-contracted nursing
470	home at the time the program is initiated, the consumer shall be
471	permitted to continue to reside in the non-contracted home for
472	not less than twelve months. The agency and the Department of
473	Elder Affairs shall jointly develop procedures to manage the
474	services provided through this project to ensure quality and
475	consumer choice. The project shall be implemented by January 1,
476	2005.
477	Section 20.  In order to implement Specific Appropriation
478	232 of the 2004-2005 General Appropriations Act, the Agency for
479	Health Care Administration, in conjunction with the Florida
480	Health Care Association and the Florida Association of Homes for
481	the Aging, shall evaluate the reimbursement methodology for
482	Medicaid nursing home services to determine the adequacy of
483	current payment rates in meeting the costs of providing care to
484	Florida's Medicaid residents. The agency shall report its
485	findings to the Speaker of the House of Representatives, the
486	President of the Senate, and the Governor by December 1, 2004.
487	The report must make recommendations for changes in the current
488	payment methodology or for development of a new payment
489	methodology necessary to ensure a stable financial environment
490	in which reimbursement is adequate to meet the costs of
491	providing nursing home care for Florida's Medicaid residents
492	served by a majority of nursing home providers.
493	Section 21.  In order to implement Specific Appropriation
494	372 of the 2004-2005 General Appropriations Act, the annual
495	report required by section 394.655(10), Florida Statutes, for
496	2004 shall include a specific analysis of managed care contracts
497	and the impact of these contracts on the mental health service
498	delivery system in Florida. Provider and client outcomes must be
499	assessed from the perspectives of cost effectiveness, quality of
500	care, and access to care. Additionally, a comparison of levels
501	of benefit packages must be included. This paragraph expires
502	July 1, 2005.
503	Section 22.  In order to implement Specific Appropriation
504	545 of the 2004-2005 General Appropriations Act, the Department
505	of Health shall review and examine how state and local fees are
506	charged in the regulation of onsite sewage treatment and
507	disposal systems. The department shall work with the affected
508	county governments, home building industry and septic tank
509	contracting interests, and the Technical Review and Advisory
510	Panel (TRAP) in arriving at recommendations. Preliminary
511	recommendations shall be submitted to TRAP for comment and input
512	no later than November 15, 2004. Final recommendations shall be
513	submitted to the Governor, the Speaker of the House of
514	Representatives, the President of the Senate, the chair and vice
515	chair of the House Appropriations Committee, and the chair and
516	vice chair of the Senate Appropriations Committee no later than
517	January 15, 2005.
518	Section 23.  In order to fulfill legislative intent
519	regarding the use of funds contained in Specific Appropriations
520	667, 681, 693, and 1138 of the 2004-2005 General Appropriations
521	Act, the Department of Corrections and the Department of
522	Juvenile Justice may expend appropriated funds to assist in
523	defraying the costs of impacts that are incurred by a
524	municipality or county and associated with opening or operating
525	a facility under the authority of the respective department
526	which is located within that municipality or county. The amount
527	that is to be paid under this section for any facility may not
528	exceed 1 percent of the facility construction cost, less
529	building impact fees imposed by the municipality or by the
530	county if the facility is located in the unincorporated portion
531	of the county. This section expires July 1, 2005.
532	Section 24.  In order to implement Specific Appropriations
533	655-751 and 781-794 of the 2004-2005 General Appropriations Act,
534	subsection (4) of section 216.262, Florida Statutes, is amended
535	to read:
536	216.262  Authorized positions.--
537	(4)  Notwithstanding the provisions of this chapter on
538	increasing the number of authorized positions, and for the 2004-
539	2005 2003-2004 fiscal year only, if the actual inmate population
540	of the Department of Corrections exceeds the inmate population
541	projections of the February 16, 2004 July 9, 2003, Criminal
542	Justice Estimating Conference by 1 percent for 2 consecutive
543	months or 2 percent for any month, the Executive Office of the
544	Governor, with the approval of the Legislative Budget
545	Commission, shall immediately notify the Criminal Justice
546	Estimating Conference, which shall convene as soon as possible
547	to revise the estimates. The Department of Corrections may then
548	submit a budget amendment requesting the establishment of
549	positions in excess of the number authorized by the Legislature
550	and additional appropriations from the General Revenue Fund or
551	the Working Capital Fund sufficient to provide for essential
552	staff and other resources to provide classification, security,
553	food services, health services, and other variable expenses
554	within the institutions to accommodate the estimated increase in
555	the inmate population. All actions taken pursuant to the
556	authority granted in this subsection shall be subject to review
557	and approval by the Legislative Budget Commission. This
558	subsection expires July 1, 2005 2004.
559	Section 25.  In order to implement Specific Appropriation
560	1232 of the 2004-2005 General Appropriations Act, paragraph (b)
561	of subsection (3) of section 16.555, Florida Statutes, is
562	amended to read:
563	16.555  Crime Stoppers Trust Fund; rulemaking.--
564	(3)
565	(b)  For the 2004-2005 2003-2004 state fiscal year only,
566	and notwithstanding any provision of this section to the
567	contrary, moneys in the trust fund may also be used to pay for
568	salaries and benefits and other expenses of the department. This
569	paragraph expires July 1, 2005 2004.
570	Section 26.  In order to implement Specific Appropriation
571	2321 of the 2004-2005 General Appropriations Act, subsection (4)
572	of section 215.96, Florida Statutes, is amended to read:
573	215.96  Coordinating council and design and coordination
574	staff.--
575	(4)  The Financial Management Information Board, through
576	the coordinating council, shall provide the necessary planning,
577	implementation, and integration policies, coordination
578	procedures, and reporting processes to facilitate the successful
579	and efficient integration of the central administrative and
580	financial management information systems, including the Florida
581	Accounting Information Resource system (FLAIR), Cash Management
582	System (CMS), and FLAIR/CMS replacement (Aspire) project, the
583	payroll system in the Department of Financial Services, the
584	Legislative Appropriations System/Planning and Budgeting
585	Subsystem (LAS/PBS), the State Purchasing System (SPURS) and
586	MyFlorida Marketplace project, the Cooperative Personnel
587	Employment Subsystem (COPES) and the PeopleFirst Outsourcing
588	project, and the State Unified Tax system (SUNTAX).
589	(a)  To fulfill this role, the coordinating council shall
590	establish an Enterprise Resource Planning Integration Task
591	Force, which shall consist of the coordinating council members
592	plus the Chief Information Officer in the State Technology
593	Office and the Executive Director or designee in the Department
594	of Revenue, who shall serve with voting rights on the task
595	force. The nonvoting ex officio members of the coordinating
596	council shall be nonvoting members of the task force.
597	(b)  The task force shall be established by August 1, 2003,
598	and shall remain in existence until the integration goals have
599	been achieved among the Aspire FLAIR/CMS Replacement project,
600	SPURS and MyFlorida Marketplace project, COPES and PeopleFirst
601	project, payroll system, LAS/PBS, and SUNTAX system, or until
602	June 30, 2005, whichever is later. The task force shall hold its
603	initial meeting no later than September 1, 2003, and shall meet
604	at the call of the chair or at least once every 60 days. In its
605	initial meeting, The task force members shall:
606	1.  Adopt a task force charter that identifies major
607	objectives, activities, milestones and deliverables, significant
608	assumptions, and constraints on the task force functions and
609	major stakeholder groups interested in the outcome of the task
610	force.
611	2.  Consider and adopt processes by which information will
612	be collected and business process and technical integration
613	issues will be raised for analysis and recommendation by the
614	task force.
615	3.  Elect a member to serve as vice chair. Any vacancy in
616	the vice chair position shall be filled by similar election
617	within 30 days after the date the vacancy is effective.
618	(c)  The coordinating council shall provide administrative
619	and technical support to the task force as is reasonably
620	necessary for the task force to effectively and timely carry out
621	its duties and responsibilities. The cost of providing such
622	support may be paid from funds appropriated for the operation of
623	the council or the Aspire FLAIR/CMS Replacement project. The
624	task force also may contract for services to obtain specific
625	expertise to analyze, facilitate, and formulate recommendations
626	to address process and technical integration problems that need
627	to be resolved.
628	(d)  Using information and input from project teams and
629	stakeholders responsible for the Aspire FLAIR/CMS Replacement
630	project, SPURS and MyFlorida Marketplace project, COPES and
631	PeopleFirst project, payroll system, LAS/PBS, and SUNTAX system,
632	the responsibilities of the task force shall include, but not be
633	limited to:
634	1.  Identifying and documenting central administrative and
635	financial management policies, procedures, and processes that
636	need to be integrated and recommending steps for implementation.
637	2.  Collecting information from the subsystem owners and
638	project teams and developing and publishing a consolidated list
639	of enterprise resource planning functional and technical
640	integration requirements.
641	3.  Publishing integration plans and timelines based on
642	information collected from task force members.
643	4.  Forming committees, workgroups, and teams as provided
644	in subsection (3).
645	5.  Developing recommendations for the Financial Management
646	Information Board which clearly describe any business or
647	technical problems that need to be addressed, the options for
648	resolving the problem, and the recommended actions.
649	6.  Developing and implementing plans for reporting status
650	of integration efforts.
651	(e)  The task force shall provide recommendations to the
652	Financial Management Information Board for review and approval
653	regarding the technical, procedural, policy, and process
654	requirements and changes that are needed to successfully
655	integrate, implement, and realize the benefits of the enterprise
656	resource planning initiatives associated with the Aspire
657	FLAIR/CMS Replacement project, SPURS and MyFlorida Marketplace
658	project, COPES and PeopleFirst project, payroll system, LAS/PBS,
659	and SUNTAX system. The first of these reports should be provided
660	no later than October 3, 2003.
661	(f)  The task force shall monitor, review, and evaluate the
662	progress of the Aspire FLAIR/CMS Replacement project, SPURS and
663	MyFlorida Marketplace project, COPES and PeopleFirst project,
664	payroll system, LAS/PBS, and SUNTAX system, in implementing the
665	process and technical integration requirements and changes
666	approved by the Financial Management Information Board and in
667	achieving the necessary integration among the central
668	administrative and financial management information systems
669	represented on the task force. The task force shall prepare and
670	submit quarterly reports to the Executive Office of the
671	Governor, the chairs of the Senate Appropriations Committee and
672	the House Appropriations Committee, and the Financial Management
673	Information Board. Each quarterly report shall identify and
674	describe the technical, procedural, policy, and process
675	requirements and changes proposed and adopted by the board and
676	shall describe the status of the implementation of these
677	integration efforts, identify any problems, issues, or risks
678	that require executive-level action, and report actual costs
679	related to the Enterprise Resource Planning Integration Task
680	Force.
681	(g)  By January 15, 2005 2004, and annually thereafter,
682	until it is disbanded, the Enterprise Resource Planning
683	Integration Task Force shall report to the Financial Management
684	Information Board, the Speaker of the House of Representatives,
685	and the President of the Senate the results of the task force's
686	monitoring, review, and evaluation of enterprise resource
687	planning integration activities and requirements, and any
688	recommendations for statutory changes to be considered by the
689	Legislature.
690	(h)  This subsection expires July 1, 2005 2004.
691	Section 27.  In order to implement Specific Appropriations
692	1403 and 1405 of the 2004-2005 General Appropriations Act and
693	notwithstanding any provision of chapter 287 or chapter 337,
694	Florida Statutes, from the funds appropriated to the Department
695	of Agriculture and Consumer Services for the 2002-2003, 2003-
696	2004, and 2004-2005 fiscal years for the purpose of constructing
697	and operating an agricultural interdiction station on Interstate
698	10 in Escambia County, the Department of Agriculture and
699	Consumer Services shall enter into an agreement with the
700	Department of Transportation wherein the Department of
701	Transportation, on behalf of the Department of Agriculture and
702	Consumer Services, shall proceed with the construction of the
703	station under the authority established in chapter 337, Florida
704	Statutes. The Department of Agriculture and Consumer Services
705	shall be authorized to execute all contracts resulting from such
706	Department of Transportation selection of contractors in
707	compliance with chapter 337, Florida Statutes. This section
708	expires July 1, 2005.
709	Section 28.  In order to implement Specific Appropriation
710	2589 of the 2004-2005 General Appropriations Act, effective July
711	1, 2004, and notwithstanding the provisions of s. 1008.51,
712	Florida Statutes, the budget for the Council for Education
713	Policy Research and Improvement shall be administered by the
714	Auditor General. However, the Council for Education Policy
715	Research and Improvement shall remain independent of the Auditor
716	General for all programmatic purposes, serving as a citizen
717	board for conducting and reviewing education research, providing
718	independent analysis on education progress, and providing
719	independent evaluation of education issues of statewide concern,
720	as prescribed in s. 1008.51, Florida Statutes. All work products
721	of the Council for Education Policy Research and Improvement are
722	advisory in nature. This section expires July 1, 2005.
723	Section 29.  In order to implement the appropriation of
724	funds in Special Categories-Risk Management Insurance of the
725	2004-2005 General Appropriations Act, and pursuant to the
726	notice, review, and objection procedures of s. 216.177, Florida
727	Statutes, the Executive Office of the Governor is authorized to
728	transfer funds appropriated in the appropriation category
729	"Special Categories-Risk Management Insurance" of the 2004-2005
730	General Appropriations Act between departments in order to align
731	the budget authority granted with the premiums paid by each
732	department for risk management insurance. This section expires
733	July 1, 2005.
734	Section 30.  In order to implement section 8 of the 2004-
735	2005 General Appropriations Act, section 110.1239, Florida
736	Statutes, is amended to read:
737	110.1239  State group health insurance program funding.--
738	For the 2004-2005 2003-2004 fiscal year only, it is the intent
739	of the Legislature that the state group health insurance program
740	be managed, administered, operated, and funded in such a manner
741	as to maximize the protection of state employee health insurance
742	benefits. Inherent in this intent is the recognition that the
743	health insurance liabilities attributable to the benefits
744	offered state employees should be fairly, orderly, and equitably
745	funded. Accordingly:
746	(1)  The division shall determine the level of premiums
747	necessary to fully fund the state group health insurance program
748	for the next fiscal year. Such determination shall be made after
749	each Self-Insurance Estimating Conference as provided in s.
750	216.136(11), but not later than December 1 and April 1 of each
751	fiscal year.
752	(2)  The Governor, in the Governor's recommended budget,
753	shall provide premium rates necessary for full funding of the
754	state group health insurance program, and the Legislature shall
755	provide in the General Appropriations Act for a premium level
756	necessary for full funding of the state group health insurance
757	program.
758	(3)  For purposes of funding, any additional appropriation
759	amounts allocated to the state group health insurance program by
760	the Legislature shall be considered as a state contribution and
761	thus an increase in the state premiums.
762	(4)  This section expires July 1, 2005 2004.
763	Section 31.  In order to implement the appropriation of
764	funds in Special Categories-Transfer to Department of Management
765	Services-Human Resources Services Purchased Per Statewide
766	Contract of the 2004-2005 General Appropriations Act, and
767	pursuant to the notice, review, and objection procedures of s.
768	216.177, Florida Statutes, the Executive Office of the Governor
769	is authorized to transfer funds appropriated in the
770	appropriation category "Special Categories-Transfer to
771	Department of Management Services-Human Resources Services
772	Purchased Per Statewide Contract" of the 2004-2005 General
773	Appropriations Act between departments in order to align the
774	budget authority granted with the assessments that must be paid
775	by each agency to the Department of Management Services for
776	human resource management services. This section expires July 1,
777	2005.
778	Section 32.  In order to implement sections 2 through 7 of
779	the 2004-2005 General Appropriations Act, paragraph (c) of
780	subsection (5) and paragraph (d) of subsection (6) of section
781	112.061, Florida Statutes, are amended to read:
782	112.061  Per diem and travel expenses of public officers,
783	employees, and authorized persons.--
784	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
785	purposes of reimbursement and methods of calculating fractional
786	days of travel, the following principles are prescribed:
787	(c)  For the 2004-2005 2003-2004 fiscal year only and
788	notwithstanding the other provisions of this subsection, for
789	Class C travel, a state traveler shall not be reimbursed on a
790	per diem basis nor shall a traveler receive subsistence
791	allowance. This paragraph expires July 1, 2005 2004.
792	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
793	purposes of reimbursement rates and methods of calculation, per
794	diem and subsistence allowances are divided into the following
795	groups and rates:
796	(d)  For the 2004-2005 2003-2004 fiscal year only and
797	notwithstanding the other provisions of this subsection, for
798	Class C travel, a state traveler shall not be reimbursed on a
799	per diem basis nor shall a traveler receive subsistence
800	allowance. This paragraph expires July 1, 2005 2004.
801	Section 33.  In order to implement Section 8 of the 2004-
802	2005 General Appropriations Act, subsection (7) of section
803	110.12315, Florida Statutes, is amended to read:
804	110.12315  Prescription drug program.--The state employees'
805	prescription drug program is established.  This program shall be
806	administered by the Department of Management Services, according
807	to the terms and conditions of the plan as established by the
808	relevant provisions of the annual General Appropriations Act and
809	implementing legislation, subject to the following conditions:
810	(7)  Under the state employees' prescription drug program
811	copayments must be made as follows:
812	(a)  Effective January 1, 2001, through December 31, 2003:
813	1.  For generic drug with card....$7.
814	2.  For preferred brand name drug with card....$20.
815	3.  For nonpreferred brand name drug with card....$35.
816	4.  For generic mail order drug....$10.50.
817	5.  For preferred brand name mail order drug....$30.
818	6.  For nonpreferred brand name drug....$52.50.
819	(a)(b)  Effective January 1, 2004:
820	1.  For generic drug with card....$10.
821	2.  For preferred brand name drug with card....$25.
822	3.  For nonpreferred brand name drug with card....$40.
823	4.  For generic mail order drug....$20.
824	5.  For preferred brand name mail order drug....$50.
825	6.  For nonpreferred brand name drug....$80.
826	(b)(c)  The Department of Management Services shall create
827	a preferred brand name drug list to be used in the
828	administration of the state employees' prescription drug
829	program.
830
831	This subsection expires July 1, 2005 2004.
832	Section 34.  In order to implement Specific Appropriations
833	2573 and 2574 of the 2004-2005 General Appropriations Act, and
834	notwithstanding section 11.13(1)(b), Florida Statutes, or any
835	other law, the salary of members of the Senate and the House of
836	Representatives shall not be calculated according to that
837	paragraph; instead, the annual salaries of these members for the
838	2003-2004 fiscal year shall not be increased for the 2004-2005
839	fiscal year. Further, members of the Senate and the House of
840	Representatives shall not be eligible for any bonus payments
841	during the 2004-2005 fiscal year. This section expires June 30,
842	2005.
843	Section 35.  Notwithstanding the provisions of section
844	403.7095, Florida Statutes, in order to implement Specific
845	Appropriation 1741 of the 2004-2005 General Appropriations Act,
846	the Department of Environmental Protection shall award:
847	(1)  $6,500,000 in grants equally to counties with
848	populations of fewer than 100,000 for waste tire, litter
849	prevention, recycling and education, and general solid waste
850	programs.
851	(2)  $2,639,999 in waste tire grants to counties, on a per
852	capita basis, with populations of 100,000 or more.
853	(3)  $1,347,570 in competitive innovative grants to cities
854	and counties on the prioritized list of projects submitted by
855	the Department of Environmental Protection to the Legislature.
856
857	This section expires July 1, 2005.
858	Section 36.  In order to implement Specific Appropriation
859	1684 of the 2004-2005 General Appropriations Act, subsection (6)
860	is added to section 375.041, Florida Statutes, to read:
861	375.041  Land Acquisition Trust Fund.--
862	(6)  For the 2004-2005 fiscal year only, funds allocated to
863	the Land Acquisition Trust Fund may also be appropriated for
864	water quality issues in the General Appropriations Act. This
865	subsection expires July 1, 2005.
866	Section 37.  In order to implement Specific Appropriation
867	1584A of the 2004-2005 General Appropriations Act, subsection
868	(5) is added to section 375.045, Florida Statutes, to read:
869	375.045  Florida Preservation 2000 Trust Fund.--
870	(5)  For the 2004-2005 fiscal year only, any unobligated
871	moneys in the Florida Preservation 2000 Trust Fund resulting
872	from interest earnings and from reversions of prior
873	appropriations to any agency may be appropriated to the Florida
874	Forever Trust Fund for use pursuant to s. 259.1051. This
875	subsection expires July 1, 2005.
876
877	Upon a determination by the Department of Environmental
878	Protection that proceeds being held in the trust fund to support
879	distributions outside the Department of Environmental Protection
880	are not likely to be disbursed in accordance with the foregoing
881	considerations, the Department of Environmental Protection shall
882	petition the Governor and Cabinet to allow for the immediate
883	disbursement of such funds for the acquisition of projects
884	approved for purchase pursuant to the provisions of chapter 259.
885	Section 38.  In order to implement Specific Appropriations
886	2652-2654 of the 2004-2005 General Appropriations Act and for
887	the 2004-2005 fiscal year only, the State Technology Office is
888	directed to implement the provisions of subsection (2) of
889	section 282.102, Florida Statutes, related to rulemaking on best
890	practices for acquiring, using, upgrading, modifying, replacing,
891	or disposing of information technology, no later than December
892	31, 2004. The State Technology Office is further directed to
893	include in the agency and state information technology resource
894	inventory lists required by sections 282.3063(2)(f) and
895	282.310(2)(g), Florida Statutes, the methods used for final
896	disposition of the resources. This section expires July 1, 2005.
897	Section 39.  In order to implement Specific Appropriations
898	1677-1703 of the 2004-2005 General Appropriations Act, paragraph
899	(c) of subsection (4) of section 373.4137, Florida Statutes, is
900	amended to read:
901	373.4137  Mitigation requirements.--
902	(4)  Prior to December 1 of each year, each water
903	management district, in consultation with the Department of
904	Environmental Protection, the United States Army Corps of
905	Engineers, the Department of Transportation, transportation
906	authorities established pursuant to chapter 348 or chapter 349,
907	and other appropriate federal, state, and local governments, and
908	other interested parties, including entities operating
909	mitigation banks, shall develop a plan for the primary purpose
910	of complying with the mitigation requirements adopted pursuant
911	to this part and 33 U.S.C. s. 1344. This plan shall also address
912	significant invasive plant problems within wetlands and other
913	surface waters. In developing such plans, the districts shall
914	utilize sound ecosystem management practices to address
915	significant water resource needs and shall focus on activities
916	of the Department of Environmental Protection and the water
917	management districts, such as surface water improvement and
918	management (SWIM) waterbodies and lands identified for potential
919	acquisition for preservation, restoration, and enhancement, to
920	the extent that such activities comply with the mitigation
921	requirements adopted under this part and 33 U.S.C. s. 1344. In
922	determining the activities to be included in such plans, the
923	districts shall also consider the purchase of credits from
924	public or private mitigation banks permitted under s. 373.4136
925	and associated federal authorization and shall include such
926	purchase as a part of the mitigation plan when such purchase
927	would offset the impact of the transportation project, provide
928	equal benefits to the water resources than other mitigation
929	options being considered, and provide the most cost-effective
930	mitigation option. The mitigation plan shall be preliminarily
931	approved by the water management district governing board and
932	shall be submitted to the secretary of the Department of
933	Environmental Protection for review and final approval. The
934	preliminary approval by the water management district governing
935	board does not constitute a decision that affects substantial
936	interests as provided by s. 120.569. At least 30 days prior to
937	preliminary approval, the water management district shall
938	provide a copy of the draft mitigation plan to any person who
939	has requested a copy.
940	(c)  Surface water improvement and management or invasive
941	plant control projects undertaken using the $12 million advance
942	transferred from the Department of Transportation to the
943	Department of Environmental Protection in fiscal year 1996-1997
944	which meet the requirements for mitigation under this part and
945	33 U.S.C. s. 1344 shall remain available for mitigation until
946	the $12 million is fully credited up to and including fiscal
947	year 2005-2006 2004-2005. When these projects are used as
948	mitigation, the $12 million advance shall be reduced by $75,000
949	per acre of impact mitigated. For any fiscal year through and
950	including fiscal year 2005-2006 2004-2005, to the extent the
951	cost of developing and implementing the mitigation plans is less
952	than the amount transferred pursuant to subsection (3), the
953	difference shall be credited towards the $12 million advance.
954	Except as provided in this paragraph, any funds not directed to
955	implement the mitigation plan should, to the greatest extent
956	possible, be directed to fund invasive plant control within
957	wetlands and other surface waters.
958	Section 40.  In order to implement Specific Appropriations
959	2160-2184 of the 2004-2005 General Appropriations Act,
960	subsection (1) of section 468.404, Florida Statutes, is amended
961	to read:
962	468.404  License; fees; renewals.--
963	(1)(a)  The department by rule shall establish biennial
964	fees for initial licensing, renewal of license, and
965	reinstatement of license, none of which fees shall exceed $400.
966	The department may by rule establish a delinquency fee of no
967	more than $50. The fees shall be adequate to proportionately
968	fund the expenses of the department which are allocated to the
969	regulation of talent agencies and shall be based on the
970	department's estimate of the revenue required to administer this
971	part.
972	(b)  For the 2004-2005 2003-2004 fiscal year only,
973	notwithstanding the provisions of paragraph (a), the department
974	shall assess talent agency license fees at a level sufficient to
975	cover the cost of regulation appropriated in the 2004-2005 2003-
976	2004 General Appropriations Act, or any other act passed by the
977	2004 2003 Legislature containing appropriations for such
978	purpose. This paragraph expires July 1, 2005 2004.
979	Section 41.  In order to implement Specific Appropriation
980	1670 of the 2004-2005 General Appropriations Act, subsection (3)
981	of section 120.551, Florida Statutes, is amended to read:
982	120.551  Internet publication.--
983	(3)  This section is repealed effective July 1, 2005 2004,
984	unless reviewed and reenacted by the Legislature before that
985	date.
986	Section 42.  In order to implement Specific Appropriation
987	1922K of the 2004-2005 General Appropriations Act, subsection
988	(16) is added to section 259.032, Florida Statutes, to read:
989	259.032  Conservation and Recreation Lands Trust Fund;
990	purpose.--
991	(16)  For the 2004-2005 fiscal year only, moneys in the
992	Conservation and Recreation Lands Trust Fund reserved pursuant
993	to paragraph (e) of subsection (11) may be appropriated for the
994	Lake Jesup restoration project. This subsection expires July 1,
995	2005.
996	Section 43.  In order to implement Specific Appropriation
997	1701 of the 2004-2005 General Appropriations Act, paragraph (b)
998	of subsection (2), paragraph (f) of subsection (4), and
999	subsection (5) of section 403.121, Florida Statutes, are amended
1000	to read:
1001	403.121  Enforcement; procedure; remedies.--The department
1002	shall have the following judicial and administrative remedies
1003	available to it for violations of this chapter, as specified in
1004	s. 403.161(1).
1005	(2)  Administrative remedies:
1006	(b)  If the department has reason to believe a violation
1007	has occurred, it may institute an administrative proceeding to
1008	order the prevention, abatement, or control of the conditions
1009	creating the violation or other appropriate corrective action.
1010	Except for violations involving hazardous wastes, asbestos, or
1011	underground injection, the department shall proceed
1012	administratively in all cases in which the department seeks
1013	administrative penalties that do not exceed $10,000 per
1014	assessment as calculated in accordance with subsections (3),
1015	(4), (5), (6), and (7). Pursuant to 42 U.S.C. s. 300g-2, the
1016	administrative penalty assessed pursuant to subsection (3),
1017	subsection (4), or subsection (5) against a public water system
1018	serving a population of more than 10,000 shall be not less than
1019	$1,000 per day per violation. The department shall not impose
1020	administrative penalties in excess of $10,000 in a notice of
1021	violation. The department shall not have more than one notice of
1022	violation seeking administrative penalties pending against the
1023	same party at the same time unless the violations occurred at a
1024	different site or the violations were discovered by the
1025	department subsequent to the filing of a previous notice of
1026	violation.
1027	(4)  In an administrative proceeding, in addition to the
1028	penalties that may be assessed under subsection (3), the
1029	department shall assess administrative penalties according to
1030	the following schedule:
1031	(f)  Except as provided in subsection (2) with respect to
1032	public water systems serving a population of more than 10,000,
1033	for failure to prepare, submit, maintain, or use required
1034	reports or other required documentation, $500.
1035	(5)  Except as provided in subsection (2) with respect to
1036	public water systems serving a population of more than 10,000,
1037	for failure to comply with any other departmental regulatory
1038	statute or rule requirement not otherwise identified in this
1039	section, the department may assess a penalty of $500.
1040	Section 44.  The amendment of section 403.121, Florida
1041	Statutes, by this act shall expire on July 1, 2005, and the text
1042	of that section shall revert to that in existence on June 30,
1043	2003, except that any amendments to such text enacted other than
1044	by this act shall be preserved and continue to operate to the
1045	extent that such amendments are not dependent upon the portions
1046	of such text which expire pursuant to the provisions of this
1047	act.
1048	Section 45.  In order to implement Specific Appropriations
1049	1805-1820 of the 2004-2005 General Appropriations Act,
1050	subsection (9) of section 403.08725, Florida Statutes, is
1051	amended to read:
1052	403.08725  Citrus juice processing facilities.--
1053	(9)(a)  ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No later
1054	than February 1, 2001, the department shall submit this act to
1055	the United States Environmental Protection Agency as a revision
1056	of Florida's state implementation plan and as a revision of
1057	Florida's approved state Title V program. If the United States
1058	Environmental Protection Agency fails to approve this act as a
1059	revision of Florida's state implementation plan within 3 years
1060	after submittal, this act shall not apply with respect to
1061	construction requirements for facilities subject to regulation
1062	under the act, and the facilities subject to regulation
1063	thereunder must comply with all construction permitting
1064	requirements, including those for prevention of significant
1065	deterioration, and must make application for construction
1066	permits for any construction or modification at the facility
1067	which was not undertaken in compliance with all permitting
1068	requirements of Florida's state implementation plan, within 3
1069	months thereafter. If the United States Environmental Protection
1070	Agency fails to approve this act as a revision of Florida's
1071	approved state Title V program within 3 years after submittal,
1072	this act shall not apply with respect to operation requirements,
1073	and all facilities subject to regulation under the act must
1074	immediately comply with all Title V program requirements and
1075	must make application for Title V operation permits within 3
1076	months thereafter.
1077	(b)  Notwithstanding the provisions of paragraph (a) and
1078	for the 2004-2005 fiscal year only, if the United States
1079	Environmental Protection Agency fails to approve this act as a
1080	revision of Florida's state implementation plan within 4 years
1081	after submittal, this act shall not apply with respect to
1082	construction requirements for facilities subject to regulation
1083	under the act, and the facilities subject to regulation
1084	thereunder must comply with all construction permitting
1085	requirements, including those for prevention of significant
1086	deterioration, and must make application for construction
1087	permits for any construction or modification at the facility
1088	which was not undertaken in compliance with all permitting
1089	requirements of Florida's state implementation plan, within 3
1090	months thereafter. If the United States Environmental Protection
1091	Agency fails to approve this act as a revision of Florida's
1092	approved state Title V program within 4 years after submittal,
1093	this act shall not apply with respect to operation requirements,
1094	and all facilities subject to regulation under the act must
1095	immediately comply with all Title V program requirements and
1096	must make application for Title V operation permits within 3
1097	months thereafter. This paragraph expires July 1, 2005.
1098	Section 46.  In order to implement Specific Appropriation
1099	1358A of the 2004-2005 General Appropriations Act, section
1100	570.191, Florida Statutes, is amended to read:
1101	570.191  Agricultural Emergency Eradication Trust Fund.--
1102	There is created in the office of the commissioner the
1103	Agricultural Emergency Eradication Trust Fund. Funds in the
1104	trust fund:
1105	(1)  May be made available upon certification by the
1106	commissioner that an agricultural emergency exists and that
1107	funds specifically appropriated for the emergency's purpose are
1108	exhausted or insufficient to eliminate the agricultural
1109	emergency. The term "agricultural emergency" means an animal or
1110	plant disease, insect infestation, or plant or pest endangering
1111	or threatening the horticultural, aquacultural, or other
1112	agricultural interests in this state.
1113	(2)  May be appropriated for insect control. This
1114	subsection expires July 1, 2005.
1115	Section 47.  In order to implement Specific Appropriation
1116	1322A of the 2004-2005 General Appropriations Act, subsection
1117	(4) is added to section 570.207, Florida Statutes, to read:
1118	570.207  Conservation and Recreation Lands Program Trust
1119	Fund of the Department of Agriculture and Consumer Services.--
1120	(4)  For the 2004-2005 fiscal year only, funds in the
1121	Conservation and Recreation Lands Program Trust Fund may be
1122	appropriated for conservation easements and agreements pursuant
1123	to s. 570.71. This subsection expires July 1, 2005.
1124	Section 48.  In order to implement Specific Appropriation
1125	1496 of the 2004-2005 General Appropriations Act, section
1126	252.373, Florida Statutes, is amended to read:
1127	252.373  Allocation of funds; rules.--
1128	(1)(a)  Funds appropriated from the Emergency Management,
1129	Preparedness, and Assistance Trust Fund shall be allocated by
1130	the Department of Community Affairs for the following purposes
1131	as follows:
1132	1.  Sixty percent To implement and administer state and
1133	local emergency management programs, including administration,
1134	training, and operations of which 20 percent shall be used by
1135	the division and 80 percent shall be allocated to local
1136	emergency management agencies and programs.  Of this 80 percent,
1137	at least 80 percent shall be allocated to counties.
1138	2.  Twenty percent to provide for state relief assistance
1139	for nonfederally declared disasters, including but not limited
1140	to grants and below-interest-rate loans to businesses for
1141	uninsured losses resulting from a disaster.
1142	2.3.  Twenty percent For grants and loans to state or
1143	regional agencies, local governments, and private organizations
1144	to implement projects that will further state and local
1145	emergency management objectives.  These projects must include,
1146	but need not be limited to, projects that will promote public
1147	education on disaster preparedness and recovery issues, enhance
1148	coordination of relief efforts of statewide private sector
1149	organizations, and improve the training and operations
1150	capabilities of agencies assigned lead or support
1151	responsibilities in the state comprehensive emergency management
1152	plan, including the State Fire Marshal's Office for coordinating
1153	the Florida fire services. The division shall establish criteria
1154	and procedures for competitive allocation of these funds by
1155	rule.  No more than 5 percent of any award made pursuant to this
1156	subparagraph may be used for administrative expenses. This
1157	competitive criteria must give priority consideration to
1158	hurricane evacuation shelter retrofit projects.
1159	3.  To meet any matching requirements imposed as a
1160	condition of receiving federal disaster relief assistance.
1161	(b)  Notwithstanding the provisions of paragraph (a), and
1162	for the 2003-2004 fiscal year only, the use of the Emergency
1163	Management, Preparedness, and Assistance Trust Fund shall be as
1164	provided in the General Appropriations Act. This paragraph
1165	expires on July 1, 2004.
1166	(c)  Notwithstanding the provisions of paragraph (a), and
1167	for the 2003-2004 fiscal year only, the Department of Community
1168	Affairs shall conduct a review of funds available in the
1169	Emergency Management, Preparedness, and Assistance Trust Fund.
1170	By December 31, 2003, when actual receipts for the 2002-2003
1171	fiscal year are determined, the Department of Community Affairs
1172	may identify any funds that were unspent or unencumbered in the
1173	2002-2003 fiscal year, and such funds may be transferred to the
1174	Grants and Donations Trust Fund to be used for the state portion
1175	of the match requirements for federally approved disaster
1176	projects. This paragraph expires July 1, 2004.
1177	(2)  The distribution formula provided in subsection (1)
1178	may be adjusted proportionally when necessary to meet any
1179	matching requirements imposed as a condition of receiving
1180	federal disaster relief assistance or planning funds.
1181	(2)(3)  The department shall allocate funds from the
1182	Emergency Management, Preparedness, and Assistance Trust Fund to
1183	local emergency management agencies and programs pursuant to
1184	criteria specified in rule.  Such rules shall include, but are
1185	not limited to:
1186	(a)  Requiring that, at a minimum, a local emergency
1187	management agency either:
1188	1.  Have a program director who works at least 40 hours a
1189	week in that capacity; or
1190	2.  If the county has fewer than 75,000 population or is
1191	party to an interjurisdictional emergency management agreement
1192	entered into pursuant to s. 252.38(3)(b), that is recognized by
1193	the Governor by executive order or rule, have an emergency
1194	management coordinator who works at least 20 hours a week in
1195	that capacity.
1196	(b)  Specifying a formula that establishes a base grant
1197	allocation and weighted factors for funds to be allocated over
1198	the base grant amount.
1199	(c)  Specifying match requirements.
1200	(d)  Preferential funding to provide incentives to counties
1201	and municipalities to participate in mutual aid agreements.
1202	(3)(4)  If adequate funds are available as determined by
1203	the division, every county shall receive funds at least
1204	sufficient to fund a dedicated, full-time emergency preparedness
1205	officer position.
1206	Section 49.  In order to implement Specific Appropriations
1207	2122F and 2122G of the 2004-2005 General Appropriations Act,
1208	subsection (13) of section 411.01, Florida Statutes, is amended
1209	to read:
1210	411.01  Florida Partnership for School Readiness; school
1211	readiness coalitions.--
1212	(13)  PLACEMENTS.--Notwithstanding any other provision of
1213	this section to the contrary, and for fiscal year 2004-2005
1214	2003-2004 only, the first children to be placed in the school
1215	readiness program shall be those from families receiving
1216	temporary cash assistance and subject to federal work
1217	requirements. Subsequent placements shall be pursuant to the
1218	provisions of this section. This subsection expires July 1, 2005
1219	2004.
1220	Section 50.  In order to implement Specific Appropriation
1221	2480M of the 2004-2005 General Appropriations Act, paragraph (b)
1222	of subsection (9) of section 320.08058, Florida Statutes, is
1223	amended to read:
1224	320.08058  Specialty license plates.--
1225	(9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
1226	(b)  The license plate annual use fees are to be annually
1227	distributed as follows:
1228	1.  Fifty-five percent of the proceeds from the Florida
1229	Professional Sports Team plate must be deposited into the
1230	Professional Sports Development Trust Fund within the Office of
1231	Tourism, Trade, and Economic Development. These funds must be
1232	used solely to attract and support major sports events in this
1233	state. As used in this subparagraph, the term "major sports
1234	events" means, but is not limited to, championship or all-star
1235	contests of Major League Baseball, the National Basketball
1236	Association, the National Football League, the National Hockey
1237	League, the men's and women's National Collegiate Athletic
1238	Association Final Four basketball championship, or a horseracing
1239	or dogracing Breeders' Cup. All funds must be used to support
1240	and promote major sporting events, and the uses must be approved
1241	by the Florida Sports Foundation.
1242	2.  The remaining proceeds of the Florida Professional
1243	Sports Team license plate must be allocated to the Florida
1244	Sports Foundation, a direct-support organization of the Office
1245	of Tourism, Trade, and Economic Development. These funds must be
1246	deposited into the Professional Sports Development Trust Fund
1247	within the Office of Tourism, Trade, and Economic Development.
1248	These funds must be used by the Florida Sports Foundation to
1249	promote the economic development of the sports industry; to
1250	distribute licensing and royalty fees to participating
1251	professional sports teams; to institute a grant program for
1252	communities bidding on minor sporting events that create an
1253	economic impact for the state; to distribute funds to Florida-
1254	based charities designated by the Florida Sports Foundation and
1255	the participating professional sports teams; and to fulfill the
1256	sports promotion responsibilities of the Office of Tourism,
1257	Trade, and Economic Development.
1258	3.  The Florida Sports Foundation shall provide an annual
1259	financial audit in accordance with s. 215.981 of its financial
1260	accounts and records by an independent certified public
1261	accountant pursuant to the contract established by the Office of
1262	Tourism, Trade, and Economic Development as specified in s.
1263	288.1229(5). The auditor shall submit the audit report to the
1264	Office of Tourism, Trade, and Economic Development for review
1265	and approval. If the audit report is approved, the office shall
1266	certify the audit report to the Auditor General for review.
1267	4.  For the 2004-2005 2003-2004 fiscal year only and
1268	notwithstanding the provisions of subparagraphs 1. and 2.,
1269	proceeds from the Professional Sports Development Trust Fund may
1270	also be used for operational expenses of the Florida Sports
1271	Foundation and financial support of the Sunshine State Games.
1272	This subparagraph expires July 1, 2005 2004.
1273	Section 51.  In order to implement Specific Appropriation
1274	1993 of the 2004-2005 General Appropriations Act, paragraph (b)
1275	of subsection (3) of section 311.07, Florida Statutes, is
1276	amended to read:
1277	311.07  Florida seaport transportation and economic
1278	development funding.--
1279	(3)
1280	(b)  Projects eligible for funding by grants under the
1281	program are limited to the following port facilities or port
1282	transportation projects:
1283	1.  Transportation facilities within the jurisdiction of
1284	the port.
1285	2.  The dredging or deepening of channels, turning basins,
1286	or harbors.
1287	3.  The construction or rehabilitation of wharves, docks,
1288	structures, jetties, piers, storage facilities, cruise
1289	terminals, automated people mover systems, or any facilities
1290	necessary or useful in connection with any of the foregoing.
1291	4.  The acquisition of vessel tracking systems, container
1292	cranes, or other mechanized equipment used in the movement of
1293	cargo or passengers in international commerce.
1294	5.  The acquisition of land to be used for port purposes.
1295	6.  The acquisition, improvement, enlargement, or extension
1296	of existing port facilities.
1297	7.  Environmental protection projects which are necessary
1298	because of requirements imposed by a state agency as a condition
1299	of a permit or other form of state approval; which are necessary
1300	for environmental mitigation required as a condition of a state,
1301	federal, or local environmental permit; which are necessary for
1302	the acquisition of spoil disposal sites and improvements to
1303	existing and future spoil sites; or which result from the
1304	funding of eligible projects listed in this paragraph.
1305	8.  Transportation facilities as defined in s. 334.03(31)
1306	which are not otherwise part of the Department of
1307	Transportation's adopted work program.
1308	9.  Seaport intermodal access projects identified in the 5-
1309	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1310	10.  Construction or rehabilitation of port facilities as
1311	defined in s. 315.02, excluding any park or recreational
1312	facilities, in ports listed in s. 311.09(1) with operating
1313	revenues of $5 million or less, provided that such projects
1314	create economic development opportunities, capital improvements,
1315	and positive financial returns to such ports.
1316	11.  Seaport security measures. Such measures include:
1317	a.  Infrastructure security measures required by seaport
1318	security plans approved by the Office of Drug Control and the
1319	Department of Law Enforcement under s. 311.12, including
1320	security gates, physical barriers, and security-related lighting
1321	systems, equipment, or facilities to be used for seaport
1322	security monitoring and recording, remote surveillance systems,
1323	concealed recording systems, or other security infrastructure,
1324	technology, vulnerability assessments, or equipment that
1325	contributes to the overall security of the seaport and its
1326	facilities as specified in the security plans approved by the
1327	Office of Drug Control and the Department of Law Enforcement
1328	under s. 311.12 or as otherwise specifically found by the
1329	Department of Law Enforcement to be a measure consistent with
1330	and supportive of such an approved plan. Program funds for such
1331	measures may come from funds made available under subsection (2)
1332	and s. 320.20(3) or (4). Infrastructure measures required by an
1333	approved seaport security plan or as otherwise found by the
1334	Department of Law Enforcement to be consistent with and
1335	supportive of an approved plan as authorized in this sub-
1336	subparagraph are not subject to the matching fund requirements
1337	of paragraph (a) or s. 320.20(3) or (4).
1338	b.  Law enforcement measures mandated by federal, state, or
1339	local governmental agencies, including the deployment of the
1340	Florida National Guard, local law enforcement personnel, seaport
1341	security personnel, private sector security personnel, or any
1342	combination thereof to provide operational security services at
1343	any seaport identified in s. 311.09(1). Program funds for such
1344	measures may come from funds made available under subsection
1345	(2). Law enforcement measures are subject to the matching fund
1346	requirements of paragraph (a), except that any funds provided
1347	for the Florida National Guard shall remain exempt from the
1348	matching fund requirements of paragraph (a) through April 30,
1349	2002.
1350
1351	Notwithstanding s. 339.135(7) or any other provision of law to
1352	the contrary, seaports may request that the department change
1353	the purpose of a project in the 2000-2001 and 2001-2002 work
1354	programs to a purpose authorized under this subparagraph.
1355	Additional consideration shall be given to seaports having
1356	operating revenues of $14 million or less for operational
1357	security and law enforcement measures for grants not to exceed
1358	$350,000. Any federal funds that are provided for port security
1359	infrastructure improvements of which funds seaports in this
1360	state are the beneficiaries shall be allocated in a manner
1361	consistent with federal requirements and guidelines. Federal
1362	funds obtained by a seaport for a specific security
1363	infrastructure project, which project has also received state
1364	seaport transportation and economic development funds, shall be
1365	used to reimburse the state funds received by the seaport under
1366	this subparagraph for the specific project. These reimbursement
1367	funds must be used for projects and measures authorized under
1368	subparagraphs 1.-10. This subparagraph shall expire June 30,
1369	2005 2004.
1370	Section 52.  In order to implement Specific Appropriation
1371	2100 of the 2004-2005 General Appropriations Act, section
1372	445.048, Florida Statutes, as amended by section 79 of chapter
1373	2003-399, Laws of Florida, is amended to read:
1374	445.048  Passport to Economic Progress demonstration
1375	program.--
1376	(1)  AUTHORIZATION.--Notwithstanding any law to the
1377	contrary, Workforce Florida, Inc., in conjunction with the
1378	Department of Children and Family Services and the Agency for
1379	Workforce Innovation, shall implement a Passport to Economic
1380	Progress demonstration program by November 1, 2001, consistent
1381	with the provisions of this section in Hillsborough, and
1382	Manatee, and Sarasota Counties. Workforce Florida, Inc., must
1383	consult with the applicable regional workforce boards and the
1384	applicable local offices of the department which serve the
1385	demonstration areas and must encourage community input into the
1386	implementation process.
1387	(2)  WAIVERS.--If Workforce Florida, Inc., in consultation
1388	with the Department of Children and Family Services, finds that
1389	federal waivers would facilitate implementation of the
1390	demonstration program, the department shall immediately request
1391	such waivers, and Workforce Florida, Inc., shall report to the
1392	Governor, the President of the Senate, and the Speaker of the
1393	House of Representatives if any refusal of the federal
1394	government to grant such waivers prevents the implementation of
1395	the demonstration program. If Workforce Florida, Inc., finds
1396	that federal waivers to provisions of the Food Stamp Program
1397	would facilitate implementation of the demonstration program,
1398	the Department of Children and Family Services shall immediately
1399	request such waivers in accordance with s. 414.175.
1400	(3)  INCOME DISREGARD.--In order to provide an additional
1401	incentive for employment, and notwithstanding the amount
1402	specified in s. 414.095(12), for individuals residing in the
1403	areas designated for this demonstration program, the first $300
1404	plus one-half of the remainder of earned income shall be
1405	disregarded in determining eligibility for temporary cash
1406	assistance. All other conditions and requirements of s.
1407	414.095(12) shall continue to apply to such individuals.
1408	(3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
1409	assist them in making the transition to economic self-
1410	sufficiency, former recipients of temporary cash assistance
1411	residing within the areas designated for this demonstration
1412	program shall be eligible for the following benefits and
1413	services:
1414	(a)  Notwithstanding the time period specified in s.
1415	445.030, transitional education and training support services as
1416	specified in s. 445.030 for up to 4 years after the family is no
1417	longer receiving temporary cash assistance;
1418	(b)  Notwithstanding the time period specified in s.
1419	445.031, transitional transportation support services as
1420	specified in s. 445.031 for up to 4 years after the family is no
1421	longer receiving temporary cash assistance; and
1422	(c)  Notwithstanding the time period specified in s.
1423	445.032, transitional child care as specified in s. 445.032 for
1424	up to 4 years after the family is no longer receiving temporary
1425	cash assistance.
1426
1427	All other provisions of ss. 445.030, 445.031, and 445.032 shall
1428	apply to such individuals, as appropriate. This subsection does
1429	not constitute an entitlement to transitional benefits and
1430	services. If funds are insufficient to provide benefits and
1431	services under this subsection, the board of directors of
1432	Workforce Florida, Inc., may limit such benefits and services or
1433	otherwise establish priorities for the provisions of such
1434	benefits and services.
1435	(4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--
1436	(a)  The Legislature finds that:
1437	1.  There are former recipients of temporary cash
1438	assistance who are working full time but whose incomes are below
1439	the poverty level.
1440	2.  Having incomes below the federal poverty level makes
1441	such individuals particularly vulnerable to reliance on public
1442	assistance despite their best efforts to achieve or maintain
1443	economic independence through employment.
1444	3.  It is necessary to implement a performance-based
1445	program that defines economic incentives for achieving specific
1446	benchmarks toward self-sufficiency while the individual is
1447	working full time.
1448	(b)  Workforce Florida, Inc., in cooperation with the
1449	Department of Children and Family Services and the Agency for
1450	Workforce Innovation, shall offer performance-based incentive
1451	bonuses as a component of the Passport to Economic Progress
1452	demonstration program in the areas of the state which are
1453	designated for the demonstration program. The bonuses do not
1454	represent a program entitlement and shall be contingent on
1455	achieving specific benchmarks prescribed in the self-sufficiency
1456	plan. If the funds appropriated for this purpose are
1457	insufficient to provide this financial incentive, the board of
1458	directors of Workforce Florida, Inc., shall reduce or suspend
1459	the bonuses in order not to exceed the appropriation.
1460	(5)  WAGE SUPPLEMENTATION.--
1461	(a)  The Legislature finds that:
1462	1.  There are former recipients of temporary cash
1463	assistance who are working full time but whose incomes are below
1464	the federal poverty level.
1465	2.  Having incomes below the federal poverty level makes
1466	such individuals particularly vulnerable to reliance on public
1467	assistance despite their best efforts to achieve or maintain
1468	economic independence through employment.
1469	3.  It is necessary to supplement the wages of such
1470	individuals for a limited period of time in order to assist them
1471	in fulfilling the transition to economic self-sufficiency.
1472	(b)  Workforce Florida, Inc., in cooperation with the
1473	Department of Children and Family Services and the Agency for
1474	Workforce Innovation, shall create a transitional wage
1475	supplementation program by November 1, 2001, as a component of
1476	the Passport to Economic Progress demonstration program in the
1477	areas designated for the demonstration program. This wage
1478	supplementation program does not constitute an entitlement to
1479	wage supplementation. If funds appropriated are insufficient to
1480	provide wage supplementation, the board of directors of
1481	Workforce Florida, Inc., may limit wage supplementation or
1482	otherwise establish priorities for wage supplementation.
1483	(c)  To be eligible for an incentive bonus wage
1484	supplementation under this subsection, an individual must:
1485	1.  Be a former recipient of temporary cash assistance who
1486	last received such assistance on or after January 1, 2000;
1487	2.  Be employed full time, which for the purposes of this
1488	subsection means employment averaging at least 32 hours per
1489	week, until the United States Congress enacts legislation
1490	reauthorizing the Temporary Assistance for Needy Families block
1491	grant and, after the reauthorization, means employment complying
1492	with the employment requirements of the reauthorized law; and
1493	3.  Have an average family income for the 6 months
1494	preceding the date of application for an incentive bonus wage
1495	supplementation which is less than 150 100 percent of the
1496	federal poverty level.
1497	(d)  Workforce Florida, Inc., shall determine the schedule
1498	for the payment of wage supplementation under this subsection.
1499	An individual eligible for wage supplementation under this
1500	subsection may receive a payment that equals the amount
1501	necessary to bring the individual's total family income for the
1502	period covered by the payment to 100 percent of the federal
1503	poverty level. An individual may not receive wage
1504	supplementation payments for more than a total of 12 months.
1505	(e)  The wage supplementation program authorized by this
1506	subsection shall be administered through the regional workforce
1507	boards and the one-stop delivery system, under policy
1508	guidelines, criteria, and applications developed by Workforce
1509	Florida, Inc., in cooperation with the Department of Children
1510	and Family Services and the Agency for Workforce Innovation. To
1511	the maximum extent possible, the regional workforce boards shall
1512	use electronic debit card technologies to provide wage
1513	supplementation payments under this program.
1514	(5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
1515	Florida, Inc., in conjunction with the Department of Children
1516	and Family Services, the Agency for Workforce Innovation, and
1517	the regional workforce boards in the areas designated for this
1518	demonstration program, shall conduct a comprehensive evaluation
1519	of the effectiveness of the demonstration program operated under
1520	this section. By January 1, 2005 2003, Workforce Florida, Inc.,
1521	shall submit a report on such evaluation to the Governor, the
1522	President of the Senate, and the Speaker of the House of
1523	Representatives. The report must include recommendations as to
1524	whether the demonstration program should be expanded to other
1525	service areas or statewide and whether the program should be
1526	revised to enhance its administration or effectiveness.
1527	(6)(7)  CONFLICTS.--If there is a conflict between the
1528	implementation procedures described in this section and federal
1529	requirements and regulations, federal requirements and
1530	regulations shall control.
1531	Section 53.  The amendment of section 445.048, Florida
1532	Statutes, by this act shall expire on July 1, 2005, and the text
1533	of that section shall revert to that in existence on June 30,
1534	2003, except that any amendments to such text enacted other than
1535	by this act shall be preserved and continue to operate to the
1536	extent that such amendments are not dependent upon the portions
1537	of such text which expire pursuant to the provisions of this
1538	act.
1539	Section 54.  In order to implement section 27 of the 2004-
1540	2005 General Appropriations Act, subsection (13) is added to
1541	section 253.034, Florida Statutes, to read:
1542	253.034  State-owned lands; uses.--
1543	(13)  Notwithstanding the provisions of this section, funds
1544	from the sale of property by the Department of Highway Safety
1545	and Motor Vehicles located in Palm Beach and Orange Counties are
1546	authorized to be deposited into the Highway Safety Operating
1547	Trust Fund to facilitate the exchange as provided in the General
1548	Appropriations Act, provided that at the conclusion of both
1549	exchanges the values are equalized. This subsection expires July
1550	1, 2005.
1551	Section 55.  In order to implement proviso language in
1552	Specific Appropriation 2122F of the 2004-2005 General
1553	Appropriations Act, section 402.3017, Florida Statutes, is
1554	amended to read:
1555	402.3017  Teacher Education and Compensation Helps (TEACH)
1556	scholarship program.--
1557	(1)  The Legislature finds that the level of early child
1558	care teacher education and training is a key predictor for
1559	determining program quality. The Legislature also finds that low
1560	wages for child care workers prevent many from obtaining
1561	increased training and education and contribute to high turnover
1562	rates. The Legislature therefore intends to help fund a program
1563	which links teacher training and education to compensation and
1564	commitment to the field of early childhood education.
1565	(2)  The Department of Children and Family Services is
1566	authorized to contract for the administration of the Teacher
1567	Education and Compensation Helps (TEACH) scholarship program,
1568	which provides educational scholarships to caregivers and
1569	administrators of early childhood programs, family day care
1570	homes, and large family child care homes.
1571	(3)  The department shall adopt rules as necessary to
1572	implement this section.
1573	(4)  For the 2004-2005 2003-2004 fiscal year only, the
1574	Agency for Workforce Innovation shall administer this section.
1575	This subsection expires July 1, 2005 2004.
1576	Section 56.  In order to implement Specific Appropriation
1577	2871BM of the 2004-2005 General Appropriations Act, subsection
1578	(7) of section 265.702, Florida Statutes, is amended to read:
1579	265.702  Regional cultural facilities; grants for
1580	acquisition, renovation, or construction; funding; approval;
1581	allocation.--
1582	(7)(a)  The annual amount of a grant made under this
1583	section may not exceed the lesser of $2.5 million or 10 percent
1584	of the total costs of the regional cultural facility. The total
1585	amount of the grants awarded to a regional cultural facility in
1586	a 5-year period may not exceed the lesser of $10 million or 10
1587	percent of the total costs of a regional cultural facility. The
1588	total cost of a regional cultural facility must be calculated
1589	with respect to the primary scope of the original proposal as
1590	submitted under this section and may not include the cost of any
1591	additions that change the scope of the regional cultural
1592	facility, such as additional facilities or significant design
1593	alterations.
1594	(b)  For the 2004-2005 fiscal year only, the annual amount
1595	of a grant made under this section may not exceed the amount
1596	specified in the General Appropriations Act or the amount
1597	specified in paragraph (a), whichever is less. This paragraph
1598	expires July 1, 2005.
1599	Section 57.  In order to implement Specific Appropriation
1600	2871AU of the 2004-2005 General Appropriations Act, section 11
1601	of chapter 2003-401, Laws of Florida, is amended to read:
1602	Section 11.  A project that is ranked but not funded for
1603	the fiscal year 2003-2004 grant cycle under the Department of
1604	State's Historical Facilities Special Category Fixed Capital
1605	Outlay Grants Program, Cultural Facilities Fixed Capital Outlay
1606	Grants Program, or Regional Cultural Facilities Grants Program,
1607	or Library Construction Fixed Capital Outlay Grants Program
1608	shall, if it continues to meet applicable criteria for the grant
1609	program for which it is ranked, maintain its relative ranking
1610	for the fiscal year 2004-2005 grant cycle and shall receive
1611	priority ranking over new projects applying for the fiscal year
1612	2004-2005 grant cycle. A project that is ranked but not funded
1613	for the fiscal year 2003-2004 grant cycle under the Department
1614	of State's Library Construction Fixed Capital Outlay Grants
1615	Program shall, if it continues to meet applicable criteria for
1616	the grant program for which it is ranked, and notwithstanding
1617	the requirements of Chapter 1B-2, Florida Administrative Code,
1618	be carried forward as the 2003-2004 list of ranked projects
1619	recommended to the 2004 Legislature along with the 2004-2005
1620	list of ranked projects submitted by the department. Each list
1621	may be considered separately for funding by the 2004
1622	Legislature.
1623	Section 58.  In order to implement Specific Appropriation
1624	2871H of the 2004-2005 General Appropriations Act, paragraph (f)
1625	of subsection (5) of section 287.057, Florida Statutes, is
1626	amended to read:
1627	287.057  Procurement of commodities or contractual
1628	services.--
1629	(5)  When the purchase price of commodities or contractual
1630	services exceeds the threshold amount provided in s. 287.017 for
1631	CATEGORY TWO, no purchase of commodities or contractual services
1632	may be made without receiving competitive sealed bids,
1633	competitive sealed proposals, or competitive sealed replies
1634	unless:
1635	(f)  The following contractual services and commodities are
1636	not subject to the competitive-solicitation requirements of this
1637	section:
1638	1.  Artistic services.
1639	2.  Academic program reviews.
1640	3.  Lectures by individuals.
1641	4.  Auditing services.
1642	5.  Legal services, including attorney, paralegal, expert
1643	witness, appraisal, or mediator services.
1644	6.  Health services involving examination, diagnosis,
1645	treatment, prevention, medical consultation, or administration.
1646	7.  Services provided to persons with mental or physical
1647	disabilities by not-for-profit corporations which have obtained
1648	exemptions under the provisions of s. 501(c)(3) of the United
1649	States Internal Revenue Code or when such services are governed
1650	by the provisions of Office of Management and Budget Circular A-
1651	122. However, in acquiring such services, the agency shall
1652	consider the ability of the vendor, past performance,
1653	willingness to meet time requirements, and price.
1654	8.  Medicaid services delivered to an eligible Medicaid
1655	recipient by a health care provider who has not previously
1656	applied for and received a Medicaid provider number from the
1657	Agency for Health Care Administration. However, this exception
1658	shall be valid for a period not to exceed 90 days after the date
1659	of delivery to the Medicaid recipient and shall not be renewed
1660	by the agency.
1661	9.  Family placement services.
1662	10.  Prevention services related to mental health,
1663	including drug abuse prevention programs, child abuse prevention
1664	programs, and shelters for runaways, operated by not-for-profit
1665	corporations. However, in acquiring such services, the agency
1666	shall consider the ability of the vendor, past performance,
1667	willingness to meet time requirements, and price.
1668	11.  Training and education services provided to injured
1669	employees pursuant to s. 440.49(1).
1670	12.  Contracts entered into pursuant to s. 337.11.
1671	13.  Services or commodities provided by governmental
1672	agencies.
1673	14.  Voter education activities of the Department of State
1674	or the supervisors of elections funded by Specific Appropriation
1675	2871H of the 2004-2005 General Appropriations Act, either
1676	individually or in the aggregate or with their respective
1677	professional associations. This subparagraph expires July 1,
1678	2005.
1679	Section 59.  In order to implement Specific Appropriation
1680	2480K of the 2004-2005 General Appropriations Act, reference
1681	therein to "Streetscape Lee County" is changed to "Streetscape
1682	Design and Construction Enhancements - City of Ft. Myers."
1683	Section 60.  In order to implement Specific Appropriation
1684	2480G of the 2004-2005 General Appropriations Act, subsection
1685	(7) of section 288.1045, Florida Statutes, is amended to read:
1686	288.1045  Qualified defense contractor tax refund
1687	program.--
1688	(7)  EXPIRATION.--An applicant may not be certified as
1689	qualified under this section after June 30, 2005 2004.
1690	Section 61.  In order to implement Specific Appropriation
1691	2480G of the 2004-2005 General Appropriations Act, subsection
1692	(7) of section 288.106, Florida Statutes, is amended to read:
1693	288.106  Tax refund program for qualified target industry
1694	businesses.--
1695	(7)  EXPIRATION.--This section expires June 30, 2005 2004.
1696	Section 62.  In order to implement Specific Appropriation
1697	2934C of the 2004-2005 General Appropriations Act, and pursuant
1698	to the notice, review, and objection procedures of s. 216.177,
1699	Florida Statutes, funds in Specific Appropriation 2934C of the
1700	2004-2005 General Appropriations Act may be transferred from the
1701	courts to the Justice Administrative Commission in order to
1702	address unanticipated shortfalls in due process services
1703	appropriations in excess of the contingency fund provided in
1704	Specific Appropriation 829A of the 2004-2005 General
1705	Appropriations Act. This section expires July 1, 2005.
1706	Section 63.  In order to implement Specific Appropriation
1707	831 of the 2004-2005 General Appropriations Act, section 27.701,
1708	Florida Statutes, is amended to read:
1709	27.701  Capital collateral regional counsels.--
1710	(1)  There are created three regional offices of capital
1711	collateral counsel, which shall be located in a northern,
1712	middle, and southern region of the state. The northern region
1713	shall consist of the First, Second, Third, Fourth, Eighth, and
1714	Fourteenth Judicial Circuits; the middle region shall consist of
1715	the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth,
1716	and Eighteenth Judicial Circuits; and the southern region shall
1717	consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth,
1718	Nineteenth, and Twentieth Judicial Circuits.  Each regional
1719	office shall be administered by a regional counsel. A regional
1720	counsel must be, and must have been for the preceding 5 years, a
1721	member in good standing of The Florida Bar or a similar
1722	organization in another state. Each capital collateral regional
1723	counsel shall be appointed by the Governor, and is subject to
1724	confirmation by the Senate. The Supreme Court Judicial
1725	Nominating Commission shall recommend to the Governor three
1726	qualified candidates for each appointment as regional counsel.
1727	The Governor shall appoint a regional counsel for each region
1728	from among the recommendations, or, if it is in the best
1729	interest of the fair administration of justice in capital cases,
1730	the Governor may reject the nominations and request submission
1731	of three new nominees by the Supreme Court Judicial Nominating
1732	Commission. Each capital collateral regional counsel shall be
1733	appointed to a term of 3 years. Vacancies in the office of
1734	capital collateral regional counsel shall be filled in the same
1735	manner as appointments. A person appointed as a regional counsel
1736	may not run for or accept appointment to any state office for 2
1737	years following vacation of office.
1738	(2)  For the 2004-2005 2003-2004 fiscal year only and
1739	notwithstanding the provisions of subsection (1), the
1740	responsibilities of the regional office of capital collateral
1741	counsel for the northern region of the state shall be met
1742	through a pilot program using only attorneys from the registry
1743	of attorneys maintained pursuant to s. 27.710. Each attorney
1744	participating in the pilot must be qualified to provide
1745	representation in federal court. The Auditor General shall
1746	present a status report on the implementation of the pilot
1747	program to the President of the Senate and the Speaker of the
1748	House of Representatives by February 27, 2004. The Auditor
1749	General shall also schedule a performance review of the pilot
1750	program to determine the effectiveness and efficiency of using
1751	attorneys from the registry compared to the capital collateral
1752	regional counsels. The review, at a minimum, shall include
1753	comparisons of the timeliness and costs of the pilot and the
1754	counsels and shall be submitted to the President of the Senate
1755	and the Speaker of the House of Representatives by January 30,
1756	2007. This subsection expires July 1, 2005 2004.
1757	Section 64.  In order to implement Specific Appropriation
1758	831 of the 2004-2005 General Appropriations Act, paragraphs (a)
1759	and (c) of subsection (2) of section 27.709, Florida Statutes,
1760	as amended by section 86 of chapter 2003-399, Laws of Florida,
1761	are amended to read:
1762	27.709  Commission on Capital Cases.--
1763	(2)(a)  The commission shall review the administration of
1764	justice in capital collateral cases, receive relevant public
1765	input, review the operation of the capital collateral regional
1766	counsel and private counsel appointed pursuant to ss. 27.710 and
1767	27.711, and advise and make recommendations to the Governor,
1768	Legislature, and Supreme Court.
1769	(c)  In addition, the commission shall receive complaints
1770	regarding the practice of any office of regional counsel and
1771	private counsel appointed pursuant to ss. 27.710 and 27.711 and
1772	shall refer any complaint to The Florida Bar, the State Supreme
1773	Court, or the Commission on Ethics, as appropriate.
1774	Section 65.  The amendment of section 27.709, Florida
1775	Statutes, by this act shall expire on July 1, 2005, and the text
1776	of that section shall revert to that in existence on June 30,
1777	2003, except that any amendments to such text enacted other than
1778	by this act shall be preserved and continue to operate to the
1779	extent that such amendments are not dependent upon the portions
1780	of such text which expire pursuant to the provisions of this
1781	act.
1782	Section 66.  In order to implement Specific Appropriation
1783	831 of the 2004-2005 General Appropriations Act, subsections (3)
1784	and (9) of section 27.711, Florida Statutes, as amended by
1785	section 88 of chapter 2003-399, Laws of Florida, are amended,
1786	and subsection (14) is added to said section, to read:
1787	27.711  Terms and conditions of appointment of attorneys as
1788	counsel in postconviction capital collateral proceedings.--
1789	(3)  An attorney appointed to represent a capital defendant
1790	is entitled to payment of the fees set forth in this section
1791	only upon full performance by the attorney of the duties
1792	specified in this section and approval of payment by the trial
1793	court, and the submission of a payment request by the attorney,
1794	subject to the availability of sufficient funding specifically
1795	appropriated for this purpose. An attorney may not be
1796	compensated under this section for work performed by the
1797	attorney before July 1, 2003, while employed by the northern
1798	regional office of the capital collateral counsel. The Chief
1799	Financial Officer shall notify the executive director and the
1800	court if it appears that sufficient funding has not been
1801	specifically appropriated for this purpose to pay any fees which
1802	may be incurred. The attorney shall maintain appropriate
1803	documentation, including a current and detailed hourly
1804	accounting of time spent representing the capital defendant. The
1805	fee and payment schedule in this section is the exclusive means
1806	of compensating a court-appointed attorney who represents a
1807	capital defendant. When appropriate, a court-appointed attorney
1808	must seek further compensation from the Federal Government, as
1809	provided in 18 U.S.C. s. 3006A or other federal law, in habeas
1810	corpus litigation in the federal courts.
1811	(9)  An attorney may not represent more than five capital
1812	defendants in capital postconviction litigation at any one time.
1813	(14)  Each attorney participating in the pilot program in
1814	the northern region pursuant to s. 27.701(2), as a condition of
1815	payment pursuant to this section, shall report on the
1816	performance measures adopted by the Legislature for the capital
1817	collateral regional counsels.
1818	Section 67.  The amendment of section 27.711, Florida
1819	Statutes, by this act shall expire on July 1, 2005, and the text
1820	of that section shall revert to that in existence on June 30,
1821	2003, except that any amendments to such text enacted other than
1822	by this act shall be preserved and continue to operate to the
1823	extent that such amendments are not dependent upon the portions
1824	of such text which expire pursuant to the provisions of this
1825	act.
1826	Section 68.  In order to implement Specific Appropriation
1827	831 of the 2004-2005 General Appropriations Act, paragraph (b)
1828	of subsection (4) of section 27.702, Florida Statutes, as
1829	amended by section 90 of chapter 2003-399, Laws of Florida, is
1830	amended to read:
1831	27.702  Duties of the capital collateral regional counsel;
1832	reports.--
1833	(4)
1834	(b)  Each capital collateral regional counsel and each
1835	attorney participating in the pilot program in the northern
1836	region pursuant to s. 27.701(2) shall provide a quarterly report
1837	to the President of the Senate, the Speaker of the House of
1838	Representatives, and the Commission on Capital Cases which
1839	details the number of hours worked by investigators and legal
1840	counsel per case and the amounts per case expended during the
1841	preceding quarter in investigating and litigating capital
1842	collateral cases.
1843	Section 69.  The amendment of section 27.702, Florida
1844	Statutes, by this act shall expire on July 1, 2005, and the text
1845	of that section shall revert to that in existence on June 30,
1846	2003, except that any amendments to such text enacted other than
1847	by this act shall be preserved and continue to operate to the
1848	extent that such amendments are not dependent upon the portions
1849	of such text which expire pursuant to the provisions of this
1850	act.
1851	Section 70.  In order to implement Specific Appropriations
1852	812-1066 and 2919-2968 of the 2004-2005 General Appropriations
1853	Act and for the 2004-2005 fiscal year only, all personnel moving
1854	from county government to positions in the state courts system,
1855	an office of the state attorney, or an office of the public
1856	defender as a part of the implementation of Revision 7 to
1857	Article V of the Florida Constitution who were eligible for
1858	coverage under a county-sponsored group insurance program June
1859	30, 2004, and who elect and are qualified to be covered under
1860	the State Group Insurance Program in the Department of
1861	Management Services shall be enrolled for health and life
1862	insurance effective July 1, 2004. The state courts system and
1863	the respective offices of the state attorney or the offices of
1864	the public defender shall be responsible for ensuring affected
1865	employees' health and life insurance benefit enrollment
1866	elections are made and processed by June 23, 2004, and shall
1867	make a one-time total premium payment to the Division of State
1868	Group Insurance of the Department of Management Services not
1869	later than July 15, 2004, for coverage for the month of July
1870	2004. For health and life insurance coverage only, the premium
1871	remittance mechanism for each such premium payment shall be in
1872	the form of a separate journal transfer. Accompanying
1873	documentation, as prescribed by the Division of State Group
1874	Insurance, is required to distinguish employee from employer
1875	contributions, by subscriber. Subsequent premium payments and
1876	eligibility determinations shall be made in accordance with
1877	existing laws and administrative rules to ensure continuity of
1878	employee benefit coverage. This section shall take effect upon
1879	becoming law. This section expires July 1, 2005.
1880	Section 71.  In order to implement Specific Appropriations
1881	853, 854, 892, 895, 903, 906, 915, 927, and 929 of the 2004-2005
1882	General Appropriations Act, subsection (4) of section 413.4021,
1883	Florida Statutes, is amended to read:
1884	413.4021  Pilot program participant county selection; tax
1885	collection enforcement diversion program.--The Department of
1886	Revenue, in coordination with the Florida Association of Centers
1887	for Independent Living and the Florida Prosecuting Attorneys
1888	Association, shall select four counties in which to operate the
1889	pilot program. The association and the state attorneys' offices
1890	in Duval County and the four pilot program counties shall
1891	develop and implement a tax collection enforcement diversion
1892	program, which shall collect revenue due from persons who have
1893	not remitted their collected sales tax. The criteria for
1894	referral to the tax collection enforcement diversion program
1895	shall be determined cooperatively between the state attorneys'
1896	offices in those counties and the Department of Revenue.
1897	(4)  For the 2004-2005 2003-2004 fiscal year only and
1898	notwithstanding the provisions of subsection (1), 50 percent of
1899	the revenues collected from the tax collection enforcement
1900	diversion program shall be deposited into the operating account
1901	of the Florida Endowment Foundation for Vocational
1902	Rehabilitation, to be used to implement the personal care
1903	attendant pilot program and to contract with the state attorneys
1904	participating in the tax collection enforcement diversion
1905	program in an amount of not more than $50,000 for each state
1906	attorney. This subsection expires July 1, 2005 2004.
1907	Section 72.  In order to implement Specific Appropriations
1908	825A, 825B, 826A, 826B,  and 2956A of the 2004-2005 General
1909	Appropriations Act, if a deficit is projected by the Justice
1910	Administrative Commission or the state courts in any specific
1911	appropriation provided for due process services, the Governor or
1912	the Chief Justice of the Supreme Court, respectively, may submit
1913	a budget amendment for consideration by the Legislative Budget
1914	Commission to authorize the expenditure of funds from the
1915	Working Capital Fund to offset such deficiency. Any budget
1916	amendment submitted by the Governor to the Legislative Budget
1917	Commission shall contain certification by the Justice
1918	Administrative Commission that all actions required by section
1919	29.015, Florida Statutes, have been completed and that no funds
1920	exist in any contingency fund appropriation available to the
1921	entity projected to experience the deficiency. Any budget
1922	amendment submitted by the Supreme Court shall contain
1923	certification that the court has completed all actions required
1924	by section 29.016, Florida Statutes, and that no funds exist in
1925	any contingency fund available to the state courts system. This
1926	section expires July 1, 2005.
1927	Section 73.  In order to implement the transfer of moneys
1928	to the Working Capital Fund from trust funds in the 2004-2005
1929	General Appropriations Act, paragraph (b) of subsection (2) of
1930	section 215.32, Florida Statutes, is reenacted to read:
1931	215.32  State funds; segregation.--
1932	(2)  The source and use of each of these funds shall be as
1933	follows:
1934	(b)1.  The trust funds shall consist of moneys received by
1935	the state which under law or under trust agreement are
1936	segregated for a purpose authorized by law. The state agency or
1937	branch of state government receiving or collecting such moneys
1938	shall be responsible for their proper expenditure as provided by
1939	law. Upon the request of the state agency or branch of state
1940	government responsible for the administration of the trust fund,
1941	the Chief Financial Officer may establish accounts within the
1942	trust fund at a level considered necessary for proper
1943	accountability. Once an account is established within a trust
1944	fund, the Chief Financial Officer may authorize payment from
1945	that account only upon determining that there is sufficient cash
1946	and releases at the level of the account.
1947	2.  In order to maintain a minimum number of trust funds in
1948	the State Treasury, each state agency or the judicial branch may
1949	consolidate, if permitted under the terms and conditions of
1950	their receipt, the trust funds administered by it; provided,
1951	however, the agency or judicial branch employs effectively a
1952	uniform system of accounts sufficient to preserve the integrity
1953	of such trust funds; and provided, further, that consolidation
1954	of trust funds is approved by the Governor or the Chief Justice.
1955	3.  All such moneys are hereby appropriated to be expended
1956	in accordance with the law or trust agreement under which they
1957	were received, subject always to the provisions of chapter 216
1958	relating to the appropriation of funds and to the applicable
1959	laws relating to the deposit or expenditure of moneys in the
1960	State Treasury.
1961	4.a.  Notwithstanding any provision of law restricting the
1962	use of trust funds to specific purposes, unappropriated cash
1963	balances from selected trust funds may be authorized by the
1964	Legislature for transfer to the Budget Stabilization Fund and
1965	Working Capital Fund in the General Appropriations Act.
1966	b.  This subparagraph does not apply to trust funds
1967	required by federal programs or mandates; trust funds
1968	established for bond covenants, indentures, or resolutions whose
1969	revenues are legally pledged by the state or public body to meet
1970	debt service or other financial requirements of any debt
1971	obligations of the state or any public body; the State
1972	Transportation Trust Fund; the trust fund containing the net
1973	annual proceeds from the Florida Education Lotteries; the
1974	Florida Retirement System Trust Fund; trust funds under the
1975	management of the Board of Regents, where such trust funds are
1976	for auxiliary enterprises, self-insurance, and contracts,
1977	grants, and donations, as those terms are defined by general
1978	law; trust funds that serve as clearing funds or accounts for
1979	the Chief Financial Officer or state agencies; trust funds that
1980	account for assets held by the state in a trustee capacity as an
1981	agent or fiduciary for individuals, private organizations, or
1982	other governmental units; and other trust funds authorized by
1983	the State Constitution.
1984	Section 74.  In order to implement the issuance of new debt
1985	authorized in the 2004-2005 General Appropriations Act, and
1986	pursuant to the requirements of section 215.98, Florida
1987	Statutes, the Legislature determines that the authorization and
1988	issuance of debt for the 2004-2005 fiscal year is in the best
1989	interest of the state and should be implemented.
1990	Section 75.  A section of this act that implements a
1991	specific appropriation or specifically identified proviso
1992	language in the 2004-2005 General Appropriations Act is void if
1993	the specific appropriation or specifically identified proviso
1994	language is vetoed. A section of this act that implements more
1995	than one specific appropriation or more than one portion of
1996	specifically identified proviso language in the 2004-2005
1997	General Appropriations Act is void if all the specific
1998	appropriations or portions of specifically identified proviso
1999	language are vetoed.
2000	Section 76.  If any other act passed in 2004 contains a
2001	provision that is substantively the same as a provision in this
2002	act, but that removes or is otherwise not subject to the future
2003	repeal applied to such provision by this act, the Legislature
2004	intends that the provision in the other act shall take
2005	precedence and shall continue to operate, notwithstanding the
2006	future repeal provided by this act.
2007	Section 77.  It is the intent of the Legislature that,
2008	notwithstanding section 76 of this act, section 17 shall take
2009	precedence in fiscal year 2004-2005 over any other substantive
2010	law regarding this issue with respect to the Economic Self-
2011	Sufficiency Services Program initiative.
2012	Section 78.  The agency performance measures and standards
2013	in the document entitled "Performance Measures and Standards
2014	Approved by the Legislature for Fiscal Year 2004-2005" dated
2015	April 30, 2004, and filed with the Clerk of the House of
2016	Representatives are incorporated by reference. Such performance
2017	measures and standards are directly linked to the appropriations
2018	made in the General Appropriations Act for fiscal year 2004-
2019	2005, as required by the Government Performance and
2020	Accountability Act of 1994. State agencies are directed to
2021	revise their long-range program plans required under s. 216.013,
2022	Florida Statutes, to be consistent with these performance
2023	measures and standards.
2024	Section 79.  If any law that is amended by this act was
2025	also amended by a law enacted at the 2004 Regular Session of the
2026	Legislature, such laws shall be construed as if they had been
2027	enacted during the same session of the Legislature, and full
2028	effect should be given to each if that is possible.
2029	Section 80.  If any provision of this act or its
2030	application to any person or circumstance is held invalid, the
2031	invalidity does not affect other provisions or applications of
2032	the act which can be given effect without the invalid provision
2033	or application, and to this end the provisions of this act are
2034	severable.
2035	Section 81.  Except as otherwise expressly provided in this
2036	act, this act shall take effect July 1, 2004; or, if this act
2037	fails to become a law until after that date, it shall take
2038	effect upon becoming a law and shall operate retroactively to
2039	July 1, 2004.
2040
2041
2042	================= T I T L E  A M E N D M E N T =================
2043	Remove the entire title and insert:
2044	A bill to be entitled
2045	An act implementing the 2004-2005 General Appropriations
2046	Act; providing legislative intent; providing accounting
2047	requirements for the state universities for the 2004-2005
2048	fiscal year; authorizing Florida State University to
2049	construct a classroom building from certain funds;
2050	amending s. 216.292, F.S.; authorizing the Department of
2051	Children and Family Services to transfer funds within the
2052	family safety program; amending s. 561.121, F.S.;
2053	providing that moneys in the Children and Adolescents
2054	Substance Abuse Trust Fund may also be used for the
2055	purpose of funding programs directed at reducing and
2056	eliminating substance abuse problems among adults;
2057	amending s. 409.1671, F.S.; requiring that funds for
2058	privatized foster care and related services be allocated
2059	in accordance with a methodology adopted by the Department
2060	of Children and Family Services by rule and granting
2061	rulemaking authority for such purpose; providing for lump
2062	sum funding in the Department of Children and Family
2063	Services to provide for continuity of foster care under
2064	certain circumstances; amending s. 394.908, F.S.;
2065	providing for substance abuse and mental health funding
2066	equity as provided in the General Appropriations Act;
2067	amending s. 287.057, F.S.; authorizing the Department of
2068	Children and Family Services to contract with a private
2069	provider for a mental health treatment facility; amending
2070	s. 381.0066, F.S.; continuing the additional fee on new
2071	construction permits for onsite sewage treatment and
2072	disposal systems the proceeds of which are used for system
2073	research, demonstration, and training projects; amending
2074	s. 385.207, F.S.; authorizing appropriation of funds in
2075	the Epilepsy Services Trust Fund for epilepsy case
2076	management services; amending s. 20.19, F.S.; authorizing
2077	Department of Children and Family Services to transfer of
2078	a portion of total district budget; amending s. 381.79,
2079	F.S.; providing for use of funds in the Brain and Spinal
2080	Cord Injury Program Trust Fund for spinal cord injury and
2081	brain injury research at the University of Miami;
2082	providing for enrollment in the Florida KidCare program;
2083	amending s. 402.305, F.S.; providing for the child care
2084	competency examination to be given in Spanish; amending s.
2085	402.33, F.S.; suspending authority of the Department of
2086	Children and Family Services to use funds in excess of fee
2087	collections; authorizing contracting with private vendors
2088	for eligibility determination functions of the Economic
2089	Self-Sufficiency Services Program; amending s. 216.181,
2090	F.S.; providing for state match for the LifeSaver Rx
2091	program; revising proviso to provide for a plan to
2092	identify funding necessary for an integrated, long-term
2093	care, fixed payment, delivery system for Medicaid
2094	beneficiaries age 65 and older; providing for evaluation
2095	of the reimbursement methodology for Medicaid nursing home
2096	services; requiring a report to the Governor and
2097	Legislature; requiring the Florida Substance Abuse and
2098	Mental Health Corporation to include in its annual report
2099	a specific analysis of managed care contracts and the
2100	impact of these contracts on the mental health service
2101	delivery system in the state; requiring the Department of
2102	Health to review and examine how state and local fees are
2103	charged in the regulation of onsite sewage treatment and
2104	disposal systems; authorizing the Department of
2105	Corrections and the Department of Juvenile Justice to make
2106	certain expenditures to defray costs incurred by a
2107	municipality or county as a result of opening or operating
2108	a facility under authority of the respective department;
2109	amending s. 216.262, F.S.; providing for additional
2110	positions to operate additional prison bed capacity under
2111	certain circumstances; amending s. 16.555, F.S.;
2112	authorizing use of the Crime Stoppers Trust Fund to pay
2113	for salaries and benefits and other expenses of the
2114	Department of Legal Affairs; amending s. 215.96, F.S.;
2115	requiring the Financial Management Information Board to
2116	provide certain policies, procedures, and processes for
2117	integration of central administrative and financial
2118	information systems; providing for an agreement between
2119	the Department of Agriculture and Consumer Services and
2120	the Department of Transportation for the construction of
2121	an agricultural interdiction station in Escambia County;
2122	providing for the budget of the Council for Education
2123	Policy Research and Improvement to be administered by the
2124	Auditor General; providing that the council is otherwise
2125	independent; authorizing the Executive Office of the
2126	Governor to transfer funds between departments for
2127	purposes of aligning amounts paid for risk management
2128	premiums and for purposes of aligning amounts paid for
2129	human resource management services; amending s. 110.1239,
2130	F.S.; providing requirements for the funding of the state
2131	group health insurance program; authorizing the Executive
2132	Office of the Governor to transfer funds between
2133	departments for purposes of aligning amounts paid for risk
2134	management premiums and for purposes of aligning amounts
2135	paid for human resource management services; amending s.
2136	112.061, F.S.; providing for computation of travel time
2137	and reimbursement for public officers' and employees'
2138	travel; amending s. 110.12315, F.S.; providing copayment
2139	requirements for the state employees' prescription drug
2140	program; establishing the rate of increase for legislative
2141	salaries; directing the Department of Environmental
2142	Protection to make specified awards of grant moneys for
2143	pollution control purposes; amending s. 375.041, F.S.;
2144	providing for use of funds allocated to the Land
2145	Acquisition Trust Fund for water quality issues; amending
2146	s. 375.045, F.S.; providing for use of certain moneys from
2147	the Florida Preservation 2000 Trust Fund for the Florida
2148	Forever Trust Fund; providing directives to the State
2149	Technology Office with respect to information technology;
2150	amending s. 373.4137, F.S.; providing for water management
2151	districts to use specified funds in certain surface water
2152	improvement and management or invasive plant control
2153	projects; amending s. 468.404, F.S.; requiring talent
2154	agency fees to cover the costs of regulation; amending s.
2155	120.551, F.S.; continuing Internet publication of certain
2156	notices of the Department of Environmental Protection and
2157	the Board of Trustees of the Internal Improvement Trust
2158	Fund; amending s. 259.032, F.S.; authorizing use of
2159	certain funds in the Conservation and Lands Recreation
2160	Trust Fund for the Lake Jesup restoration project;
2161	amending s. 403.121, F.S.; specifying minimum
2162	administrative penalties for violations relating to public
2163	water systems; amending s. 403.08725, F.S.; providing
2164	exemption from certain air pollution construction and
2165	operation requirements for citrus juice processing
2166	facilities; amending s. 570.191, F.S.; authorizing use of
2167	funds in the Agricultural Emergency Eradication Trust Fund
2168	for insect control; amending s. 570.207, F.S.; authorizing
2169	use of funds in the Conservation and Recreation Lands
2170	Program Trust Fund for conservation easements and
2171	agreements; amending s. 252.373, F.S.; providing for use
2172	of funds of the Emergency Management, Preparedness, and
2173	Assistance Trust Fund, including the use of certain funds
2174	as state matching funds for federally approved Hazard
2175	Mitigation Grant Program projects; amending s. 411.01,
2176	F.S.; providing priority for placement of children in the
2177	school readiness program; amending s. 320.08058, F.S.;
2178	authorizing proceeds from the Professional Sports
2179	Development Trust Fund to be used for operational expenses
2180	of the Florida Sports Foundation and financial support of
2181	the Sunshine State Games; amending s. 311.07, F.S.;
2182	continuing eligibility of seaport security infrastructure
2183	measures for funding by grant under the Florida Seaport
2184	Transportation and Economic Development Program; amending
2185	s. 445.048, F.S.; continuing and expanding the Passport to
2186	Economic Progress demonstration project; amending s.
2187	253.034, F.S.; authorizing deposit of funds from the sale
2188	of property by the Department of Highway Safety and Motor
2189	Vehicles located in Palm Beach and Orange Counties;
2190	amending s. 402.3017, F.S.; requiring the Agency for
2191	Workforce Innovation to administer Teacher Education and
2192	Compensation Helps (TEACH) scholarship program; amending
2193	s. 265.702, F.S.; providing a limit on the annual amount
2194	of individual cultural facilities grants; amending s. 11,
2195	ch. 2003-401, Laws of Florida; providing for separate
2196	funding of certain listed library construction projects;
2197	amending s. 287.057, F.S.; exempting certain voter
2198	education activities from competitive-solicitation
2199	requirements; correcting a reference in proviso; amending
2200	s. 288.1045, F.S.; extending the qualified defense
2201	contractor tax refund program; amending s. 288.106, F.S.;
2202	extending the tax refund program for qualified target
2203	industry businesses; authorizing transfer of certain funds
2204	from the courts to the Justice Administrative Commission
2205	to meet certain shortfalls in due process appropriations;
2206	amending s. 27.701, F.S.; providing for a pilot program
2207	using a registry of attorneys instead of the capital
2208	collateral regional counsel in the northern region of the
2209	state; requiring certain qualification; requiring a
2210	report; amending s. 27.709, F.S.; expanding the
2211	jurisdiction of the Commission on Capital Cases; amending
2212	s. 27.711, F.S.; providing for compensation of counsel in
2213	the pilot program; providing for limitations on such
2214	counsel; amending s. 27.702, F.S.; requiring reports from
2215	attorneys participating in the pilot program; providing
2216	for continuity of health and life insurance coverage of
2217	employees transferring from county employment to
2218	employment in the state courts system, the office of a
2219	state attorney, or the office of a public defender;
2220	providing responsibilities of former and new employers;
2221	amending s. 413.4021, F.S.; requiring additional revenues
2222	from the tax collection enforcement diversion program to
2223	be used for the personal care attendant pilot program and
2224	for state attorney contracts; providing for expenditure of
2225	funds from the Working Capital Fund to offset deficiencies
2226	in due process services; reenacting s. 215.32(2)(b), F.S.,
2227	relating to the source and use of trust funds; providing
2228	finding of best interest of the state for authorization
2229	and issuance of certain debt; providing for future repeal
2230	or expiration of various provisions; providing for
2231	reversion of certain provisions; providing effect of veto
2232	of specific appropriation or proviso to which implementing
2233	language refers; incorporating by reference specified
2234	performance measures and standards directly linked to the
2235	appropriations made in the 2004-2005 General
2236	Appropriations Act, as required by the Government
2237	Performance and Accountability Act of 1994; providing
2238	applicability to other legislation; providing
2239	severability; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.