HB 1837

1
A bill to be entitled
2An act implementing the 2004-2005 General Appropriations
3Act; providing legislative intent; providing accounting
4requirements for the state universities for the 2004-2005
5fiscal year; amending s. 220.187, F.S.; specifying the
6total amount of scholarship funding tax credits and
7carryforward tax credits that may be granted for the 2004-
82005 fiscal year; amending s. 216.292, F.S.; authorizing
9the Department of Children and Family Services to transfer
10funds within the family safety program; amending s.
11561.121, F.S.; providing that moneys in the Children and
12Adolescents Substance Abuse Trust Fund may also be used
13for the purpose of funding programs directed at reducing
14and eliminating substance abuse problems among adults;
15amending s. 409.1671, F.S.; requiring that funds for
16privatized foster care and related services be allocated
17in accordance with a methodology adopted by the Department
18of Children and Family Services by rule and granting
19rulemaking authority for such purpose; providing for lump
20sum funding in the Department of Children and Family
21Services to provide for continuity of foster care under
22certain circumstances; amending s. 394.908, F.S.;
23providing for substance abuse and mental health funding
24equity as provided in the General Appropriations Act;
25amending s. 287.057, F.S.; authorizing the Department of
26Children and Family Services to contract with a private
27provider for a mental health treatment facility;
28authorizing the Department of Corrections and the
29Department of Juvenile Justice to make certain
30expenditures to defray costs incurred by a municipality or
31county as a result of opening or operating a facility
32under authority of the respective department; amending s.
33216.262, F.S.; providing for additional positions to
34operate additional prison bed capacity under certain
35circumstances; authorizing transfer of certain funds from
36the courts to the Justice Administrative Commission to
37meet certain shortfalls in due process appropriations;
38amending s. 215.96, F.S.; requiring the Financial
39Management Information Board to provide certain policies,
40procedures, and processes for integration of central
41administrative and financial information systems;
42providing for an agreement between the Department of
43Agriculture and Consumer Services and the Department of
44Transportation for the construction of an agricultural
45interdiction station in Escambia County; amending s.
46373.59, F.S.; reallocating funds from the Water Management
47Lands Trust Fund to water management districts; amending
48s. 252.373, F.S.; providing for use of funds of the
49Emergency Management, Preparedness, and Assistance Trust
50Fund, including the use of certain funds as state matching
51funds for federally approved Hazard Mitigation Grant
52Program projects; amending s. 411.01, F.S.; providing
53priority for placement of children in the school readiness
54program; amending s. 320.08058, F.S.; authorizing proceeds
55from the Professional Sports Development Trust Fund to be
56used for operational expenses of the Florida Sports
57Foundation and financial support of the Sunshine State
58Games; amending s. 339.08, F.S.; transferring funds from
59the State Transportation Trust Fund to the General Revenue
60Fund; reducing the amount transferred from certain
61transportation calculation requirements; amending s.
62287.057, F.S.; exempting certain voter education
63activities from competitive-solicitation requirements;
64amending s. 311.07, F.S.; continuing eligibility of
65seaport security infrastructure measures for funding by
66grant under the Florida Seaport Transportation and
67Economic Development Program; providing for the budget of
68the Council for Education Policy Research and Improvement
69to be administered by the Auditor General; providing that
70the council is otherwise independent; authorizing the
71Executive Office of the Governor to transfer funds between
72departments for purposes of aligning amounts paid for risk
73management premiums and for purposes of aligning amounts
74paid for human resource management services; authorizing
75the Executive Office of the Governor to transfer certain
76funds to align budget authority pursuant to redesign of
77the State Employees Group Health Insurance Program;
78amending s. 110.1239, F.S.; providing requirements for the
79funding of the state group health insurance program;
80amending s. 112.061, F.S.; providing for computation of
81travel time and reimbursement for public officers' and
82employees' travel; providing for implementation of
83strategies for state agencies to reduce salary budget;
84requiring vendors to agree to use only state residents in
85certain contracts; authorizing the Department of
86Management Services to waive such requirement under
87certain circumstances; providing waiver criteria amount to
88employing state residents; providing for ineligibility for
89further funds or incentives for violation; providing for
90future repeal or expiration of various provisions;
91providing for reversion of certain provisions; providing
92effect of veto of specific appropriation or proviso to
93which implementing language refers; incorporating by
94reference specified performance measures and standards
95directly linked to the appropriations made in the 2004-
962005 General Appropriations Act, as required by the
97Government Performance and Accountability Act of 1994;
98providing applicability to other legislation; providing
99severability; providing an effective date.
100
101Be It Enacted by the Legislature of the State of Florida:
102
103     Section 1.  It is the intent of the Legislature that the
104implementing and administering provisions of this act apply to
105the General Appropriations Act for fiscal year 2004-2005.
106     Section 2.  In order to implement Specific Appropriations
10732-36, 153-157, 159, and 160 of the 2004-2005 General
108Appropriations Act:
109     (1)  Each university that has not made the transition,
110effective July 1, 2004, from the state accounting system (FLAIR)
111shall utilize the state accounting system for fiscal year 2004-
1122005 but is not required to provide funds to the Department of
113Financial Services for its utilization.
114     (2)  Notwithstanding the provisions of ss. 216.181,
115216.292, and 1011.4105, Florida Statutes, and pursuant to s.
116216.351, Florida Statutes, funds appropriated or reappropriated
117to the state universities in the 2004-2005 General
118Appropriations Act, or any other act passed by the 2004
119Legislature containing appropriations, shall be distributed to
120each university according to the 2004-2005 fiscal year operating
121budget approved by the university board of trustees. Each
122university board of trustees shall have authority to amend the
123operating budget as circumstances warrant. The operating budget
124may utilize traditional appropriation categories or it may
125consolidate the appropriations into a special category
126appropriation account. The Chief Financial Officer, upon the
127request of the university board of trustees, shall record by
128journal transfer the distribution of the appropriated funds and
129releases according to the approved operating budget to the
130appropriation accounts established for disbursement purposes for
131each university within the state accounting system (FLAIR).
132     (3)  Notwithstanding the provisions of ss. 216.181,
133216.292, and 1011.4105, Florida Statutes, and pursuant to s.
134216.351, Florida Statutes, each university board of trustees
135shall include in an approved operating budget the revenue in
136trust funds supported by student and other fees as well as the
137trust funds within the Contracts, Grants, and Donations;
138Auxiliary Enterprises; and Sponsored Research budget entities.
139The university board of trustees shall have the authority to
140amend the operating budget as circumstances warrant. The
141operating budget may utilize traditional appropriation
142categories or it may consolidate the trust fund spending
143authority into a special category appropriation account. The
144Chief Financial Officer, upon the request of the university
145board of trustees, shall record the distribution of the trust
146fund spending authority and releases according to the approved
147operating budget to the appropriation accounts established for
148disbursement purposes for each university within the state
149accounting system (FLAIR).
150     (4)  Notwithstanding those provisions of ss. 216.181,
151216.292, and 1011.4105, Florida Statutes, which are inconsistent
152with the provisions of this subsection and pursuant to s.
153216.351, Florida Statutes, fixed capital outlay funds
154appropriated or reappropriated in the 2004-2005 General
155Appropriations Act, or any other act passed by the 2004
156Legislature containing fixed capital outlay appropriations, for
157universities that have made the transition, effective July 1,
1582004, from the state accounting system (FLAIR) shall be
159administered by the Department of Education and shall be
160distributed to the universities as needed for projects based
161upon estimated invoices to be paid during the following 30 days
162or as required by bond documents. For undisbursed fixed capital
163outlay appropriations from prior fiscal years for universities
164that have made the transition, effective July 1, 2004, from the
165state accounting system (FLAIR), the Executive Office of the
166Governor and the Chief Financial Officer shall have authority to
167transfer such undisbursed fixed capital outlay appropriations
168into appropriations under the Department of Education for
169distribution to the universities as needed for projects based on
170estimated invoices to be paid during the following 30 days or as
171required by bond documents. Expenditure of fixed capital outlay
172appropriations shall be consistent with legislative policy and
173intent.
174     (5)  This section expires July 1, 2005.
175     Section 3.  In order to implement sections 2 through 7 of
176the 2004-2005 General Appropriations Act, paragraph (b) of
177subsection (3) of section 220.187, Florida Statutes, is amended
178to read:
179     220.187  Credits for contributions to nonprofit
180scholarship-funding organizations.--
181     (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
182CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
183     (b)1.  The total amount of tax credits and carryforward of
184tax credits which may be granted each state fiscal year under
185this section is $88 million.
186     2.  Notwithstanding subparagraph 1., and for the 2004-2005
187fiscal year only, the total amount of tax credits and
188carryforward of tax credits which may be granted each state
189fiscal year under this section is $50 million. This subparagraph
190expires July 1, 2005.
191     Section 4.  In order to implement Specific Appropriations
192303, 306, and 308 of the 2004-2005 General Appropriations Act,
193subsection (12) of section 216.292, Florida Statutes, is amended
194to read:
195     216.292  Appropriations nontransferable; exceptions.--
196     (12)  For the 2004-2005 2003-2004 fiscal year only and
197notwithstanding the other provisions of this section, the
198Department of Children and Family Services may transfer funds
199within the family safety program identified in the General
200Appropriations Act from identical funding sources between the
201following appropriation categories without limitation as long as
202such a transfer does not result in an increase to the total
203recurring general revenue or trust fund cost of the agency in
204the subsequent fiscal year: adoption services and subsidy;
205family foster care; and emergency shelter care. Such transfers
206must be consistent with legislative policy and intent and must
207not adversely affect achievement of approved performance
208outcomes or outputs in the family safety program. Notice of
209proposed transfers under this authority must be provided to the
210Executive Office of the Governor and the chairs of the
211legislative appropriations committees at least 5 working days
212before their implementation. This subsection expires July 1,
2132005 2004.
214     Section 5.  In order to implement Specific Appropriations
215385 and 388 of the 2004-2005 General Appropriations Act,
216subsection (4) of section 561.121, Florida Statutes, is amended
217to read:
218     561.121  Deposit of revenue.--
219     (4)(a)  State funds collected pursuant to s. 561.501 shall
220be paid into the State Treasury and credited to the following
221accounts:
222     1.  Twenty-seven and two-tenths percent of the surcharge on
223the sale of alcoholic beverages for consumption on premises
224shall be transferred to the Children and Adolescents Substance
225Abuse Trust Fund, which shall remain with the Department of
226Children and Family Services for the purpose of funding programs
227directed at reducing and eliminating substance abuse problems
228among children and adolescents.
229     2.  The remainder of collections shall be credited to the
230General Revenue Fund.
231     (b)  For the 2004-2005 2003-2004 state fiscal year only,
232and notwithstanding the provisions of subparagraph (a)1., moneys
233in the Children and Adolescents Substance Abuse Trust Fund may
234also be used for the purpose of funding programs directed at
235reducing and eliminating substance abuse problems among adults.
236This paragraph expires July 1, 2005 2004.
237     Section 6.  In order to implement Specific Appropriation
238301D of the 2004-2005 General Appropriations Act, subsection (7)
239of section 409.1671, Florida Statutes, as amended by section 27
240of chapter 2003-399, Laws of Florida, is amended to read:
241     409.1671  Foster care and related services;
242privatization.--
243     (7)  The department, in consultation with existing lead
244agencies, shall develop a proposal regarding the long-term use
245and structure of a statewide shared earnings program which
246addresses the financial risk to eligible lead community-based
247providers resulting from unanticipated caseload growth or from
248significant changes in client mixes or services eligible for
249federal reimbursement. The recommendations in the statewide
250proposal must also be available to entities of the department
251until the conversion to community-based care takes place. At a
252minimum, the proposal must allow for use of federal earnings
253received from child welfare programs, which earnings are
254determined by the department to be in excess of the amount
255appropriated in the General Appropriations Act, to be used for
256specific purposes. These purposes include, but are not limited
257to:
258     (a)  Significant changes in the number or composition of
259clients eligible to receive services.
260     (b)  Significant changes in the services that are eligible
261for reimbursement.
262     (c)  Significant changes in the availability of federal
263funds.
264     (d)  Shortfalls in state funds available for eligible or
265ineligible services.
266     (e)  Significant changes in the mix of available funds.
267     (f)  Scheduled or unanticipated, but necessary, advances to
268providers or other cash-flow issues.
269     (g)  Proposals to participate in optional Medicaid services
270or other federal grant opportunities.
271     (h)  Appropriate incentive structures.
272     (i)  Continuity of care in the event of lead agency
273failure, discontinuance of service, or financial misconduct.
274
275The department shall further specify the necessary steps to
276ensure the financial integrity of these dollars and their
277continued availability on an ongoing basis. The final proposal
278shall be submitted to the Legislative Budget Commission for
279formal adoption before December 31, 2004 2002. If the
280Legislative Budget Commission refuses to concur with the
281adoption of the proposal, the department shall present its
282proposal in the form of recommended legislation to the President
283of the Senate and the Speaker of the House of Representatives
284before the commencement of the next legislative session. For
285fiscal year 2003-2004 and annually thereafter, the department of
286Children and Family Services may request in its legislative
287budget request, and the Governor may recommend, the funding
288necessary to carry out paragraph (i) from excess federal
289earnings. The General Appropriations Act shall include any funds
290appropriated for this purpose in a lump sum in the department
291Administered Funds Program, which funds constitute partial
292security for lead agency contract performance. The department
293shall use this appropriation to offset the need for a
294performance bond for that year after a comparison of risk to the
295funds available. In no event shall this performance bond exceed
2962.5 percent of the annual contract value. The department may
297separately require a bond to mitigate the financial consequences
298of potential acts of malfeasance, misfeasance, or criminal
299violations by the provider. Prior to the release of any funds in
300the lump sum, the department shall submit a detailed operational
301plan, which must identify the sources of specific trust funds to
302be used. The release of the trust fund shall be subject to the
303notice and review provisions of s. 216.177. However, the release
304shall not require approval of the Legislative Budget Commission.
305     Section 7.  The amendment of subsection (7) of section
306409.1671, Florida Statutes, by this act shall expire on July 1,
3072005, and the text of that subsection shall revert to that in
308existence on June 30, 2004, except that any amendments to such
309text enacted other than by this act shall be preserved and
310continue to operate to the extent that such amendments are not
311dependent upon the portions of such text which expire pursuant
312to the provisions of this act.
313     Section 8.  In order to implement Specific Appropriations
314356-388 of the 2004-2005 General Appropriations Act, subsection
315(8) of section 394.908, Florida Statutes, is amended to read:
316     394.908  Substance abuse and mental health funding equity;
317distribution of appropriations.--In recognition of the
318historical inequity among service districts of the former
319Department of Health and Rehabilitative Services in the funding
320of substance abuse and mental health services, and in order to
321rectify this inequity and provide for equitable funding in the
322future throughout the state, the following funding process shall
323be adhered to:
324     (8)  For fiscal year 2004-2005 2003-2004 only, and
325notwithstanding the provisions of this section, all new funds
326received in excess of fiscal year 2003-2004 2002-2003 recurring
327appropriations shall be allocated in accordance with the
328provisions of the General Appropriations Act; however, no
329district shall receive an allocation of recurring funds less
330than its initial approved operating budget, plus any
331distributions of lump sum appropriations or reductions in
332unfunded budget, for fiscal year 2003-2004 2002-2003. This
333subsection expires July 1, 2005 2004.
334     Section 9.  In order to implement Specific Appropriations
335436-445 of the 2004-2005 General Appropriations Act, subsection
336(14) of section 287.057, Florida Statutes, is amended to read:
337     287.057  Procurement of commodities or contractual
338services.--
339     (14)(a)  Contracts for commodities or contractual services
340may be renewed for a period that may not exceed 3 years or the
341term of the original contract, whichever period is longer.
342Renewal of a contract for commodities or contractual services
343shall be in writing and shall be subject to the same terms and
344conditions set forth in the initial contract. If the commodity
345or contractual service is purchased as a result of the
346solicitation of bids, proposals, or replies, the price of the
347commodity or contractual service to be renewed shall be
348specified in the bid, proposal, or reply. A renewal contract may
349not include any compensation for costs associated with the
350renewal. Renewals shall be contingent upon satisfactory
351performance evaluations by the agency and subject to the
352availability of funds. Exceptional purchase contracts pursuant
353to s. 287.057(5)(a) and (c) may not be renewed.
354     (b)  Notwithstanding paragraph (a), the Department of
355Children and Family Services may enter into agreements, not to
356exceed 20 years, with a private provider to finance, design, and
357construct a treatment facility, as defined in s. 394.455, of at
358least 200 beds and to operate all aspects of daily operations
359within the treatment facility. The selected contractor is
360authorized to sponsor the issuance of tax-exempt certificates of
361participation or other securities to finance the project, and
362the state is authorized to enter into a lease-purchase agreement
363for the treatment facility. The Department of Children and
364Family Services shall begin the implementation of this
365privatization initiative by January 1, 2005. This paragraph
366expires July 1, 2005.
367     Section 10.  In order to fulfill legislative intent
368regarding the use of funds contained in Specific Appropriations
369667, 681, 693, and 1138 of the 2004-2005 General Appropriations
370Act, the Department of Corrections and the Department of
371Juvenile Justice may expend appropriated funds to assist in
372defraying the costs of impacts that are incurred by a
373municipality or county and associated with opening or operating
374a facility under the authority of the respective department
375which is located within that municipality or county. The amount
376that is to be paid under this section for any facility may not
377exceed 1 percent of the facility construction cost, less
378building impact fees imposed by the municipality or by the
379county if the facility is located in the unincorporated portion
380of the county. This section expires July 1, 2005.
381     Section 11.  In order to implement Specific Appropriations
382655-751 and 781-794 of the 2004-2005 General Appropriations Act,
383subsection (4) of section 216.262, Florida Statutes, is amended
384to read:
385     216.262  Authorized positions.--
386     (4)  Notwithstanding the provisions of this chapter on
387increasing the number of authorized positions, and for the 2004-
3882005 2003-2004 fiscal year only, if the actual inmate population
389of the Department of Corrections exceeds the inmate population
390projections of the February 16, 2004 July 9, 2003, Criminal
391Justice Estimating Conference by 1 percent for 2 consecutive
392months or 2 percent for any month, the Executive Office of the
393Governor, with the approval of the Legislative Budget
394Commission, shall immediately notify the Criminal Justice
395Estimating Conference, which shall convene as soon as possible
396to revise the estimates. The Department of Corrections may then
397submit a budget amendment requesting the establishment of
398positions in excess of the number authorized by the Legislature
399and additional appropriations from the General Revenue Fund or
400the Working Capital Fund sufficient to provide for essential
401staff and other resources to provide classification, security,
402food services, health services, and other variable expenses
403within the institutions to accommodate the estimated increase in
404the inmate population. All actions taken pursuant to the
405authority granted in this subsection shall be subject to review
406and approval by the Legislative Budget Commission. This
407subsection expires July 1, 2005 2004.
408     Section 12.  In order to implement Specific Appropriation
4092889C of the 2004-2005 General Appropriations Act, and pursuant
410to the notice, review, and objection procedures of s. 216.177,
411Florida Statutes, funds in Specific Appropriation 2889C of the
4122004-2005 General Appropriations Act may be transferred from the
413courts to the Justice Administrative Commission in order to
414address unanticipated shortfalls in due process appropriations
415in excess of the contingency fund provided in Specific
416Appropriation 829A of the 2004-2005 General Appropriations Act.
417This section expires July 1, 2005.
418     Section 13.  In order to implement Specific Appropriation
4192321 of the 2004-2005 General Appropriations Act, subsection (4)
420of section 215.96, Florida Statutes, is amended to read:
421     215.96  Coordinating council and design and coordination
422staff.--
423     (4)  The Financial Management Information Board, through
424the coordinating council, shall provide the necessary planning,
425implementation, and integration policies, coordination
426procedures, and reporting processes to facilitate the successful
427and efficient integration of the central administrative and
428financial management information systems, including the Florida
429Accounting Information Resource system (FLAIR), Cash Management
430System (CMS), and FLAIR/CMS replacement (Aspire) project, the
431payroll system in the Department of Financial Services, the
432Legislative Appropriations System/Planning and Budgeting
433Subsystem (LAS/PBS), the State Purchasing System (SPURS) and
434MyFlorida Marketplace project, the Cooperative Personnel
435Employment Subsystem (COPES) and the PeopleFirst Outsourcing
436project, and the State Unified Tax system (SUNTAX).
437     (a)  To fulfill this role, the coordinating council shall
438establish an Enterprise Resource Planning Integration Task
439Force, which shall consist of the coordinating council members
440plus the Chief Information Officer in the State Technology
441Office and the Executive Director or designee in the Department
442of Revenue, who shall serve with voting rights on the task
443force. The nonvoting ex officio members of the coordinating
444council shall be nonvoting members of the task force.
445     (b)  The task force shall be established by August 1, 2003,
446and shall remain in existence until the integration goals have
447been achieved among the (Aspire) FLAIR/CMS Replacement project,
448SPURS and MyFlorida Marketplace project, COPES and PeopleFirst
449project, payroll system, LAS/PBS, and SUNTAX system, or until
450June 30, 2005, whichever is later. The task force shall hold its
451initial meeting no later than September 1, 2003, and shall meet
452at the call of the chair or at least once every 60 days. In its
453initial meeting, The task force members shall:
454     1.  Adopt a task force charter that identifies major
455objectives, activities, milestones and deliverables, significant
456assumptions, and constraints on the task force functions and
457major stakeholder groups interested in the outcome of the task
458force.
459     2.  Consider and adopt processes by which information will
460be collected and business process and technical integration
461issues will be raised for analysis and recommendation by the
462task force.
463     3.  Elect a member to serve as vice chair. Any vacancy in
464the vice chair position shall be filled by similar election
465within 30 days after the date the vacancy is effective.
466     (c)  The coordinating council shall provide administrative
467and technical support to the task force as is reasonably
468necessary for the task force to effectively and timely carry out
469its duties and responsibilities. The cost of providing such
470support may be paid from funds appropriated for the operation of
471the council or the (Aspire) FLAIR/CMS Replacement project. The
472task force also may contract for services to obtain specific
473expertise to analyze, facilitate, and formulate recommendations
474to address process and technical integration problems that need
475to be resolved.
476     (d)  Using information and input from project teams and
477stakeholders responsible for the (Aspire) FLAIR/CMS Replacement
478project, SPURS and MyFlorida Marketplace project, COPES and
479PeopleFirst project, payroll system, LAS/PBS, and SUNTAX system,
480the responsibilities of the task force shall include, but not be
481limited to:
482     1.  Identifying and documenting central administrative and
483financial management policies, procedures, and processes that
484need to be integrated and recommending steps for implementation.
485     2.  Collecting information from the subsystem owners and
486project teams and developing and publishing a consolidated list
487of enterprise resource planning functional and technical
488integration requirements.
489     3.  Publishing integration plans and timelines based on
490information collected from task force members.
491     4.  Forming committees, workgroups, and teams as provided
492in subsection (3).
493     5.  Developing recommendations for the Financial Management
494Information Board which clearly describe any business or
495technical problems that need to be addressed, the options for
496resolving the problem, and the recommended actions.
497     6.  Developing and implementing plans for reporting status
498of integration efforts.
499     (e)  The task force shall provide recommendations to the
500Financial Management Information Board for review and approval
501regarding the technical, procedural, policy, and process
502requirements and changes that are needed to successfully
503integrate, implement, and realize the benefits of the enterprise
504resource planning initiatives associated with the (Aspire)
505FLAIR/CMS Replacement project, SPURS and MyFlorida Marketplace
506project, COPES and PeopleFirst project, payroll system, LAS/PBS,
507and SUNTAX system. The first of these reports should be provided
508no later than October 3, 2003.
509     (f)  The task force shall monitor, review, and evaluate the
510progress of the (Aspire) FLAIR/CMS Replacement project, SPURS
511and MyFlorida Marketplace project, COPES and PeopleFirst
512project, payroll system, LAS/PBS, and SUNTAX system, in
513implementing the process and technical integration requirements
514and changes approved by the Financial Management Information
515Board and in achieving the necessary integration among the
516central administrative and financial management information
517systems represented on the task force. The task force shall
518prepare and submit quarterly reports to the Executive Office of
519the Governor, the chairs of the Senate Appropriations Committee
520and the House Appropriations Committee, and the Financial
521Management Information Board. Each quarterly report shall
522identify and describe the technical, procedural, policy, and
523process requirements and changes proposed and adopted by the
524board and shall describe the status of the implementation of
525these integration efforts, identify any problems, issues, or
526risks that require executive-level action, and report actual
527costs related to the Enterprise Resource Planning Integration
528Task Force.
529     (g)  By January 15, 2005 2004, and annually thereafter,
530until it is disbanded, the Enterprise Resource Planning
531Integration Task Force shall report to the Financial Management
532Information Board, the Speaker of the House of Representatives,
533and the President of the Senate the results of the task force's
534monitoring, review, and evaluation of enterprise resource
535planning integration activities and requirements, and any
536recommendations for statutory changes to be considered by the
537Legislature.
538     (h)  This subsection expires July 1, 2005 2004.
539     Section 14.  In order to continue implementing Specific
540Appropriation 1379B of the 2003-2004 General Appropriations Act
541and notwithstanding any provision of chapter 287 or chapter 337,
542Florida Statutes, from the funds appropriated to the Department
543of Agriculture and Consumer Services for the 2003-2004 and 2004-
5442005 fiscal years for the purpose of constructing an
545agricultural interdiction station on Interstate 10 in Escambia
546County, the Department of Agriculture and Consumer Services
547shall enter into an agreement with the Department of
548Transportation wherein the Department of Transportation, on
549behalf of the Department of Agriculture and Consumer Services,
550shall proceed with the construction of the station under the
551authority established in chapter 337, Florida Statutes. The
552Department of Agriculture and Consumer Services shall be
553authorized to execute all contracts resulting from such
554Department of Transportation selection of contractors in
555compliance with chapter 337, Florida Statutes. This section
556expires July 1, 2005.
557     Section 15.  In order to implement Specific Appropriation
5581705A and 1706 of the 2004-2005 General Appropriations Act,
559subsection (8) of section 373.59, Florida Statutes, is amended
560to read:
561     373.59  Water Management Lands Trust Fund.--
562     (8)(a)  Moneys from the Water Management Lands Trust Fund
563shall be allocated to the five water management districts in the
564following percentages:
565     1.(a)  Thirty percent to the South Florida Water Management
566District.
567     2.(b)  Twenty-five percent to the Southwest Florida Water
568Management District.
569     3.(c)  Twenty-five percent to the St. Johns River Water
570Management District.
571     4.(d)  Ten percent to the Suwannee River Water Management
572District.
573     5.(e)  Ten percent to the Northwest Florida Water
574Management District.
575     (b)  Notwithstanding paragraph (a), and for the 2004-2005
576fiscal year only, the first $329,977 of the moneys allocated to
577the water management districts from the Water Management Lands
578Trust Fund shall be distributed to the Suwannee River Water
579Management District for implementing best management practices
580in the Suwannee River Basin and the next $1,044,926 shall be
581distributed to the Northwest Florida Water Management District
582for administration. The remaining moneys shall be distributed as
583provided in paragraph (a). This paragraph expires July 1, 2005.
584     Section 16.  In order to implement Specific Appropriation
5851496 of the 2004-2005 General Appropriations Act, paragraphs (b)
586and (c) of subsection (1) of section 252.373, Florida Statutes,
587are amended to read:
588     252.373  Allocation of funds; rules.--
589     (1)
590     (b)  Notwithstanding the provisions of paragraph (a), and
591for the 2004-2005 2003-2004 fiscal year only, the use of the
592Emergency Management, Preparedness, and Assistance Trust Fund
593shall be as provided in the General Appropriations Act. This
594paragraph expires on July 1, 2005 2004.
595     (c)  Notwithstanding the provisions of paragraph (a), and
596for the 2004-2005 2003-2004 fiscal year only, the Department of
597Community Affairs shall conduct a review of funds available in
598the Emergency Management, Preparedness, and Assistance Trust
599Fund. By December 31, 2004 2003, when actual receipts for the
6002003-2004 2002-2003 fiscal year are determined, the Department
601of Community Affairs may identify any funds that were unspent or
602unencumbered in the 2003-2004 2002-2003 fiscal year, and such
603funds may be transferred to the Grants and Donations Trust Fund
604to be used for the state portion of the match requirements for
605federally approved disaster projects. This paragraph expires
606July 1, 2005 2004.
607     Section 17.  In order to implement Specific Appropriations
6082122F and 2122G of the 2004-2005 General Appropriations Act,
609subsection (13) of section 411.01, Florida Statutes, is amended
610to read:
611     411.01  Florida Partnership for School Readiness; school
612readiness coalitions.--
613     (13)  PLACEMENTS.--Notwithstanding any other provision of
614this section to the contrary, and for fiscal year 2004-2005
6152003-2004 only, the first children to be placed in the school
616readiness program shall be those from families receiving
617temporary cash assistance and subject to federal work
618requirements. Subsequent placements shall be pursuant to the
619provisions of this section. This subsection expires July 1, 2005
6202004.
621     Section 18.  In order to implement Specific Appropriation
6222480L of the 2004-2005 General Appropriations Act, paragraph (b)
623of subsection (9) of section 320.08058, Florida Statutes, is
624amended to read:
625     320.08058  Specialty license plates.--
626     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
627     (b)  The license plate annual use fees are to be annually
628distributed as follows:
629     1.  Fifty-five percent of the proceeds from the Florida
630Professional Sports Team plate must be deposited into the
631Professional Sports Development Trust Fund within the Office of
632Tourism, Trade, and Economic Development. These funds must be
633used solely to attract and support major sports events in this
634state. As used in this subparagraph, the term "major sports
635events" means, but is not limited to, championship or all-star
636contests of Major League Baseball, the National Basketball
637Association, the National Football League, the National Hockey
638League, the men's and women's National Collegiate Athletic
639Association Final Four basketball championship, or a horseracing
640or dogracing Breeders' Cup. All funds must be used to support
641and promote major sporting events, and the uses must be approved
642by the Florida Sports Foundation.
643     2.  The remaining proceeds of the Florida Professional
644Sports Team license plate must be allocated to the Florida
645Sports Foundation, a direct-support organization of the Office
646of Tourism, Trade, and Economic Development. These funds must be
647deposited into the Professional Sports Development Trust Fund
648within the Office of Tourism, Trade, and Economic Development.
649These funds must be used by the Florida Sports Foundation to
650promote the economic development of the sports industry; to
651distribute licensing and royalty fees to participating
652professional sports teams; to institute a grant program for
653communities bidding on minor sporting events that create an
654economic impact for the state; to distribute funds to Florida-
655based charities designated by the Florida Sports Foundation and
656the participating professional sports teams; and to fulfill the
657sports promotion responsibilities of the Office of Tourism,
658Trade, and Economic Development.
659     3.  The Florida Sports Foundation shall provide an annual
660financial audit in accordance with s. 215.981 of its financial
661accounts and records by an independent certified public
662accountant pursuant to the contract established by the Office of
663Tourism, Trade, and Economic Development as specified in s.
664288.1229(5). The auditor shall submit the audit report to the
665Office of Tourism, Trade, and Economic Development for review
666and approval. If the audit report is approved, the office shall
667certify the audit report to the Auditor General for review.
668     4.  For the 2004-2005 2003-2004 fiscal year only and
669notwithstanding the provisions of subparagraphs 1. and 2.,
670proceeds from the Professional Sports Development Trust Fund may
671also be used for operational expenses of the Florida Sports
672Foundation and financial support of the Sunshine State Games.
673This subparagraph expires July 1, 2005 2004.
674     Section 19.  In order to implement section 20 of the 2004-
6752005 General Appropriations Act, subsection (5) of section
676339.08, Florida Statutes, is amended to read:
677     339.08  Use of moneys in State Transportation Trust Fund.--
678     (5)  For the 2004-2005 2003-2004 fiscal year only and
679notwithstanding the provisions of this section and s. 339.09(1),
680$100 $200 million may be transferred from the State
681Transportation Trust Fund to the General Revenue Fund in the
6822004-2005 2003-2004 General Appropriations Act. Such transfer
683may be comprised of several smaller transfers made during the
6842004-2005 2003-2004 fiscal year. Notwithstanding ss. 206.46(3)
685and 206.606(2), the total amount transferred shall be reduced
686from total state revenues deposited into the State
687Transportation Trust Fund for the calculation requirements of
688ss. 206.46(3) and 206.606(2). This subsection expires July 1,
6892005 2004.
690     Section 20.  In order to implement Specific Appropriation
6912826O of the 2004-2005 General Appropriations Act, paragraph (f)
692of subsection (5) of section 287.057, Florida Statutes, is
693amended to read:
694     287.057  Procurement of commodities or contractual
695services.--
696     (5)  When the purchase price of commodities or contractual
697services exceeds the threshold amount provided in s. 287.017 for
698CATEGORY TWO, no purchase of commodities or contractual services
699may be made without receiving competitive sealed bids,
700competitive sealed proposals, or competitive sealed replies
701unless:
702     (f)  The following contractual services and commodities are
703not subject to the competitive-solicitation requirements of this
704section:
705     1.  Artistic services.
706     2.  Academic program reviews.
707     3.  Lectures by individuals.
708     4.  Auditing services.
709     5.  Legal services, including attorney, paralegal, expert
710witness, appraisal, or mediator services.
711     6.  Health services involving examination, diagnosis,
712treatment, prevention, medical consultation, or administration.
713     7.  Services provided to persons with mental or physical
714disabilities by not-for-profit corporations which have obtained
715exemptions under the provisions of s. 501(c)(3) of the United
716States Internal Revenue Code or when such services are governed
717by the provisions of Office of Management and Budget Circular A-
718122. However, in acquiring such services, the agency shall
719consider the ability of the vendor, past performance,
720willingness to meet time requirements, and price.
721     8.  Medicaid services delivered to an eligible Medicaid
722recipient by a health care provider who has not previously
723applied for and received a Medicaid provider number from the
724Agency for Health Care Administration. However, this exception
725shall be valid for a period not to exceed 90 days after the date
726of delivery to the Medicaid recipient and shall not be renewed
727by the agency.
728     9.  Family placement services.
729     10.  Prevention services related to mental health,
730including drug abuse prevention programs, child abuse prevention
731programs, and shelters for runaways, operated by not-for-profit
732corporations. However, in acquiring such services, the agency
733shall consider the ability of the vendor, past performance,
734willingness to meet time requirements, and price.
735     11.  Training and education services provided to injured
736employees pursuant to s. 440.49(1).
737     12.  Contracts entered into pursuant to s. 337.11.
738     13.  Services or commodities provided by governmental
739agencies.
740     14.  Voter education activities of the Department of State
741or the supervisors of elections, either individually or in the
742aggregate or with their respective professional associations.
743This subparagraph expires July 1, 2005.
744     Section 21.  In order to implement Specific Appropriation
7451993 of the 2004-2005 General Appropriations Act, paragraph (b)
746of subsection (3) of section 311.07, Florida Statutes, is
747amended to read:
748     311.07  Florida seaport transportation and economic
749development funding.--
750     (3)
751     (b)  Projects eligible for funding by grants under the
752program are limited to the following port facilities or port
753transportation projects:
754     1.  Transportation facilities within the jurisdiction of
755the port.
756     2.  The dredging or deepening of channels, turning basins,
757or harbors.
758     3.  The construction or rehabilitation of wharves, docks,
759structures, jetties, piers, storage facilities, cruise
760terminals, automated people mover systems, or any facilities
761necessary or useful in connection with any of the foregoing.
762     4.  The acquisition of container cranes or other mechanized
763equipment used in the movement of cargo or passengers in
764international commerce.
765     5.  The acquisition of land to be used for port purposes.
766     6.  The acquisition, improvement, enlargement, or extension
767of existing port facilities.
768     7.  Environmental protection projects which are necessary
769because of requirements imposed by a state agency as a condition
770of a permit or other form of state approval; which are necessary
771for environmental mitigation required as a condition of a state,
772federal, or local environmental permit; which are necessary for
773the acquisition of spoil disposal sites and improvements to
774existing and future spoil sites; or which result from the
775funding of eligible projects listed in this paragraph.
776     8.  Transportation facilities as defined in s. 334.03(31)
777which are not otherwise part of the Department of
778Transportation's adopted work program.
779     9.  Seaport intermodal access projects identified in the 5-
780year Florida Seaport Mission Plan as provided in s. 311.09(3).
781     10.  Construction or rehabilitation of port facilities as
782defined in s. 315.02, excluding any park or recreational
783facilities, in ports listed in s. 311.09(1) with operating
784revenues of $5 million or less, provided that such projects
785create economic development opportunities, capital improvements,
786and positive financial returns to such ports.
787     11.  Seaport security measures. Such measures include:
788     a.  Infrastructure security measures required by seaport
789security plans approved by the Office of Drug Control and the
790Department of Law Enforcement under s. 311.12, including
791security gates, physical barriers, and security-related lighting
792systems, equipment, or facilities to be used for seaport
793security monitoring and recording, remote surveillance systems,
794concealed recording systems, or other security infrastructure,
795technology, vulnerability assessments, or equipment that
796contributes to the overall security of the seaport and its
797facilities as specified in the security plans approved by the
798Office of Drug Control and the Department of Law Enforcement
799under s. 311.12 or as otherwise specifically found by the
800Department of Law Enforcement to be a measure consistent with
801and supportive of such an approved plan. Program funds for such
802measures may come from funds made available under subsection (2)
803and s. 320.20(3) or (4). Infrastructure measures required by an
804approved seaport security plan or as otherwise found by the
805Department of Law Enforcement to be consistent with and
806supportive of an approved plan as authorized in this sub-
807subparagraph are not subject to the matching fund requirements
808of paragraph (a) or s. 320.20(3) or (4).
809     b.  Law enforcement measures mandated by federal, state, or
810local governmental agencies, including the deployment of the
811Florida National Guard, local law enforcement personnel, seaport
812security personnel, private sector security personnel, or any
813combination thereof to provide operational security services at
814any seaport identified in s. 311.09(1). Program funds for such
815measures may come from funds made available under subsection
816(2). Law enforcement measures are subject to the matching fund
817requirements of paragraph (a), except that any funds provided
818for the Florida National Guard shall remain exempt from the
819matching fund requirements of paragraph (a) through April 30,
8202002.
821
822Notwithstanding s. 339.135(7) or any other provision of law to
823the contrary, seaports may request that the department change
824the purpose of a project in the 2000-2001 and 2001-2002 work
825programs to a purpose authorized under this subparagraph.
826Additional consideration shall be given to seaports having
827operating revenues of $14 million or less for operational
828security and law enforcement measures for grants not to exceed
829$350,000. Any federal funds that are provided for port security
830infrastructure improvements of which funds seaports in this
831state are the beneficiaries shall be allocated in a manner
832consistent with federal requirements and guidelines. Federal
833funds obtained by a seaport for a specific security
834infrastructure project, which project has also received state
835seaport transportation and economic development funds, shall be
836used to reimburse the state funds received by the seaport under
837this subparagraph for the specific project. These reimbursement
838funds must be used for projects and measures authorized under
839subparagraphs 1.-10. This subparagraph shall expire June 30,
8402005 2004.
841     Section 22.  In order to implement Specific Appropriation
8422589 of the 2004-2005 General Appropriations Act, effective July
8431, 2004, and notwithstanding the provisions of s. 1008.51,
844Florida Statutes, the budget for the Council for Education
845Policy Research and Improvement shall be administered by the
846Auditor General. However, the Council for Education Policy
847Research and Improvement shall remain independent of the Auditor
848General for all programmatic purposes, serving as a citizen
849board for conducting and reviewing education research, providing
850independent analysis on education progress, and providing
851independent evaluation of education issues of statewide concern,
852as prescribed in s. 1008.51, Florida Statutes. All work products
853of the Council for Education Policy Research and Improvement are
854advisory in nature. This section expires July 1, 2005.
855     Section 23.  In order to implement the appropriation of
856funds in Special Categories-Risk Management Insurance of the
8572004-2005 General Appropriations Act, and pursuant to the
858notice, review, and objection procedures of s. 216.177, Florida
859Statutes, the Executive Office of the Governor is authorized to
860transfer funds appropriated in the appropriation category
861"Special Categories-Risk Management Insurance" of the 2004-2005
862General Appropriations Act between departments in order to align
863the budget authority granted with the premiums paid by each
864department for risk management insurance. This section expires
865July 1, 2005.
866     Section 24.  In order to implement the appropriation of
867funds in Special Categories-Transfer to Department of Management
868Services-Human Resources Services Purchased Per Statewide
869Contract of the 2004-2005 General Appropriations Act, and
870pursuant to the notice, review, and objection procedures of s.
871216.177, Florida Statutes, the Executive Office of the Governor
872is authorized to transfer funds appropriated in the
873appropriation category "Special Categories-Transfer to
874Department of Management Services-Human Resources Services
875Purchased Per Statewide Contract" of the 2004-2005 General
876Appropriations Act between departments in order to align the
877budget authority granted with the assessments that must be paid
878by each agency to the Department of Management Services for
879human resource management services. This section expires July 1,
8802005.
881     Section 25.  In order to implement section 8 of the 2004-
8822005 General Appropriations Act, relating to the state
883contribution for the State Employees Group Health Insurance Plan
884and pursuant to the notice, review, and objection procedures of
885s. 216.177, Florida Statutes, the Executive Office of the
886Governor is authorized to transfer funds appropriated in the
887Salaries and Benefits category of the General Appropriations Act
888between departments in order to align the budget authority
889granted in accordance with the redesign of the State Employees
890Group Health Insurance Program and the realignment necessary
891based upon state contribution revisions and the results of the
892open enrollment period. This transfer is not subject to the
893provisions of s. 216.181, Florida Statutes. This section expires
894July 1, 2005.
895     Section 26.  In order to implement section 8 of the 2004-
8962005 General Appropriations Act, section 110.1239, Florida
897Statutes, is amended to read:
898     110.1239  State group health insurance program
899funding.--For the 2004-2005 2003-2004 fiscal year only, it is
900For the 2004-2005 2003-2004 fiscal year only, it is the intent
901of the Legislature that the state group health insurance program
902be managed, administered, operated, and funded in such a manner
903as to maximize the protection of state employee health insurance
904benefits. Inherent in this intent is the recognition that the
905health insurance liabilities attributable to the benefits
906offered state employees should be fairly, orderly, and equitably
907funded. Accordingly:
908     (1)  The division shall determine the level of premiums
909necessary to fully fund the state group health insurance program
910for the next fiscal year. Such determination shall be made after
911each Self-Insurance Estimating Conference as provided in s.
912216.136(11), but not later than December 1 and April 1 of each
913fiscal year.
914     (2)  The Governor, in the Governor's recommended budget,
915shall provide premium rates necessary for full funding of the
916state group health insurance program, and the Legislature shall
917provide in the General Appropriations Act for a premium level
918necessary for full funding of the state group health insurance
919program.
920     (3)  For purposes of funding, any additional appropriation
921amounts allocated to the state group health insurance program by
922the Legislature shall be considered as a state contribution and
923thus an increase in the state premiums.
924     (4)  This section expires July 1, 2005 2004.
925     Section 27.  In order to implement sections 2 through 7 of
926the 2004-2005 General Appropriations Act, paragraph (c) of
927subsection (5) and paragraph (d) of subsection (6) of section
928112.061, Florida Statutes, are amended to read:
929     112.061  Per diem and travel expenses of public officers,
930employees, and authorized persons.--
931     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
932purposes of reimbursement and methods of calculating fractional
933days of travel, the following principles are prescribed:
934     (c)  For the 2004-2005 2003-2004 fiscal year only and
935notwithstanding the other provisions of this subsection, for
936Class C travel, a state traveler shall not be reimbursed on a
937per diem basis nor shall a traveler receive subsistence
938allowance. This paragraph expires July 1, 2005 2004.
939     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
940purposes of reimbursement rates and methods of calculation, per
941diem and subsistence allowances are divided into the following
942groups and rates:
943     (d)  For the 2004-2005 2003-2004 fiscal year only and
944notwithstanding the other provisions of this subsection, for
945Class C travel, a state traveler shall not be reimbursed on a
946per diem basis nor shall a traveler receive subsistence
947allowance. This paragraph expires July 1, 2005 2004.
948     Section 28.  In order to implement all line items in the
9492004-2005 General Appropriations Act relating to the
950nonrecurring portion of the salary budget, it is the intent of
951the Legislature that the head of each state agency as defined in
952s. 216.011, Florida Statutes, immediately begin to implement
953strategies to achieve an overall salary reduction that
954annualizes to 10 percent of the agency's 2004-2005 approved
955salary budget by July 1, 2005. Such strategies must include, but
956are not limited to:
957     (1)  Hiring replacement positions for retiring employees at
95810 percent below the departing employee's salary or at the
959minimum for the class if that is higher.
960     (2)  Using attrition to eliminate vacant positions that are
961not serving critical functions.
962     (3)  Employing time-limited assistance to address functions
963that are seasonal or cyclical in nature in lieu of full-time
964employees.
965     (4)  Monitoring and limiting the use of overtime.
966     (5)  Outsourcing, when such activity produces a savings
967during each year of the contracted period.
968     Section 29.  In order to implement Specific Appropriations
9692652-2660 of the 2004-2005 General Appropriations Act,
970notwithstanding any provision of law to the contrary and for the
9712004-2005 fiscal year only, each state contract over $50,000 for
972the performance of services must specify that vendors shall be
973required to agree, as a provision in the contract, to use only
974residents of this state as the providers of the services. This
975requirement also applies to any employees or other business
976entities subcontracted for services by the vendor under such
977contract. The requirement may be waived if the Department of
978Management Services determines that a compelling state interest
979exists to waive the requirement and such a determination is
980approved by the Administration Commission. If a contractor is
981found to be in violation of the state contract for the
982performance of services with regard to the residence of
983employees as provided in this section, the contractor and its
984principals shall be deemed ineligible to receive any state
985contract, grant, or incentive funding for the remainder of the
986fiscal year. This section expires July 1, 2005.
987     Section 30.  A section of this act that implements a
988specific appropriation or specifically identified proviso
989language in the 2004-2005 General Appropriations Act is void if
990the specific appropriation or specifically identified proviso
991language is vetoed. A section of this act that implements more
992than one specific appropriation or more than one portion of
993specifically identified proviso language in the 2004-2005
994General Appropriations Act is void if all the specific
995appropriations or portions of specifically identified proviso
996language are vetoed.
997     Section 31.  If any other act passed in 2004 contains a
998provision that is substantively the same as a provision in this
999act, but that removes or is otherwise not subject to the future
1000repeal applied to such provision by this act, the Legislature
1001intends that the provision in the other act shall take
1002precedence and shall continue to operate, notwithstanding the
1003future repeal provided by this act.
1004     Section 32.  The agency performance measures and standards
1005in the document entitled "Performance Measures and Standards
1006Approved by the Legislature for Fiscal Year 2004-2005" dated
1007March 31, 2004, and filed with the Clerk of the House of
1008Representatives are incorporated by reference. Such performance
1009measures and standards are directly linked to the appropriations
1010made in the General Appropriations Act for fiscal year 2004-
10112005, as required by the Government Performance and
1012Accountability Act of 1994. State agencies are directed to
1013revise their long-range program plans required under s. 216.013,
1014Florida Statutes, to be consistent with these performance
1015measures and standards.
1016     Section 33.  If any law that is amended by this act was
1017also amended by a law enacted at the 2004 Regular Session of the
1018Legislature, such laws shall be construed as if they had been
1019enacted during the same session of the Legislature, and full
1020effect should be given to each if that is possible.
1021     Section 34.  If any provision of this act or its
1022application to any person or circumstance is held invalid, the
1023invalidity does not affect other provisions or applications of
1024the act which can be given effect without the invalid provision
1025or application, and to this end the provisions of this act are
1026severable.
1027     Section 35.  Except as otherwise expressly provided in this
1028act, this act shall take effect July 1, 2004; or, if this act
1029fails to become a law until after that date, it shall take
1030effect upon becoming a law and shall operate retroactively to
1031July 1, 2004.


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