1 | A bill to be entitled |
2 | An act implementing the 2004-2005 General Appropriations |
3 | Act; providing legislative intent; providing accounting |
4 | requirements for the state universities for the 2004-2005 |
5 | fiscal year; amending s. 220.187, F.S.; specifying the |
6 | total amount of scholarship funding tax credits and |
7 | carryforward tax credits that may be granted for the 2004- |
8 | 2005 fiscal year; amending s. 216.292, F.S.; authorizing |
9 | the Department of Children and Family Services to transfer |
10 | funds within the family safety program; amending s. |
11 | 561.121, F.S.; providing that moneys in the Children and |
12 | Adolescents Substance Abuse Trust Fund may also be used |
13 | for the purpose of funding programs directed at reducing |
14 | and eliminating substance abuse problems among adults; |
15 | amending s. 409.1671, F.S.; requiring that funds for |
16 | privatized foster care and related services be allocated |
17 | in accordance with a methodology adopted by the Department |
18 | of Children and Family Services by rule and granting |
19 | rulemaking authority for such purpose; providing for lump |
20 | sum funding in the Department of Children and Family |
21 | Services to provide for continuity of foster care under |
22 | certain circumstances; amending s. 394.908, F.S.; |
23 | providing for substance abuse and mental health funding |
24 | equity as provided in the General Appropriations Act; |
25 | amending s. 287.057, F.S.; authorizing the Department of |
26 | Children and Family Services to contract with a private |
27 | provider for a mental health treatment facility; |
28 | authorizing the Department of Corrections and the |
29 | Department of Juvenile Justice to make certain |
30 | expenditures to defray costs incurred by a municipality or |
31 | county as a result of opening or operating a facility |
32 | under authority of the respective department; amending s. |
33 | 216.262, F.S.; providing for additional positions to |
34 | operate additional prison bed capacity under certain |
35 | circumstances; authorizing transfer of certain funds from |
36 | the courts to the Justice Administrative Commission to |
37 | meet certain shortfalls in due process appropriations; |
38 | amending s. 215.96, F.S.; requiring the Financial |
39 | Management Information Board to provide certain policies, |
40 | procedures, and processes for integration of central |
41 | administrative and financial information systems; |
42 | providing for an agreement between the Department of |
43 | Agriculture and Consumer Services and the Department of |
44 | Transportation for the construction of an agricultural |
45 | interdiction station in Escambia County; amending s. |
46 | 373.59, F.S.; reallocating funds from the Water Management |
47 | Lands Trust Fund to water management districts; amending |
48 | s. 252.373, F.S.; providing for use of funds of the |
49 | Emergency Management, Preparedness, and Assistance Trust |
50 | Fund, including the use of certain funds as state matching |
51 | funds for federally approved Hazard Mitigation Grant |
52 | Program projects; amending s. 411.01, F.S.; providing |
53 | priority for placement of children in the school readiness |
54 | program; amending s. 320.08058, F.S.; authorizing proceeds |
55 | from the Professional Sports Development Trust Fund to be |
56 | used for operational expenses of the Florida Sports |
57 | Foundation and financial support of the Sunshine State |
58 | Games; amending s. 339.08, F.S.; transferring funds from |
59 | the State Transportation Trust Fund to the General Revenue |
60 | Fund; reducing the amount transferred from certain |
61 | transportation calculation requirements; amending s. |
62 | 287.057, F.S.; exempting certain voter education |
63 | activities from competitive-solicitation requirements; |
64 | amending s. 311.07, F.S.; continuing eligibility of |
65 | seaport security infrastructure measures for funding by |
66 | grant under the Florida Seaport Transportation and |
67 | Economic Development Program; providing for the budget of |
68 | the Council for Education Policy Research and Improvement |
69 | to be administered by the Auditor General; providing that |
70 | the council is otherwise independent; authorizing the |
71 | Executive Office of the Governor to transfer funds between |
72 | departments for purposes of aligning amounts paid for risk |
73 | management premiums and for purposes of aligning amounts |
74 | paid for human resource management services; authorizing |
75 | the Executive Office of the Governor to transfer certain |
76 | funds to align budget authority pursuant to redesign of |
77 | the State Employees Group Health Insurance Program; |
78 | amending s. 110.1239, F.S.; providing requirements for the |
79 | funding of the state group health insurance program; |
80 | amending s. 112.061, F.S.; providing for computation of |
81 | travel time and reimbursement for public officers' and |
82 | employees' travel; providing for implementation of |
83 | strategies for state agencies to reduce salary budget; |
84 | requiring vendors to agree to use only state residents in |
85 | certain contracts; authorizing the Department of |
86 | Management Services to waive such requirement under |
87 | certain circumstances; providing waiver criteria amount to |
88 | employing state residents; providing for ineligibility for |
89 | further funds or incentives for violation; providing for |
90 | future repeal or expiration of various provisions; |
91 | providing for reversion of certain provisions; providing |
92 | effect of veto of specific appropriation or proviso to |
93 | which implementing language refers; incorporating by |
94 | reference specified performance measures and standards |
95 | directly linked to the appropriations made in the 2004- |
96 | 2005 General Appropriations Act, as required by the |
97 | Government Performance and Accountability Act of 1994; |
98 | providing applicability to other legislation; providing |
99 | severability; providing an effective date. |
100 |
|
101 | Be It Enacted by the Legislature of the State of Florida: |
102 |
|
103 | Section 1. It is the intent of the Legislature that the |
104 | implementing and administering provisions of this act apply to |
105 | the General Appropriations Act for fiscal year 2004-2005. |
106 | Section 2. In order to implement Specific Appropriations |
107 | 32-36, 153-157, 159, and 160 of the 2004-2005 General |
108 | Appropriations Act: |
109 | (1) Each university that has not made the transition, |
110 | effective July 1, 2004, from the state accounting system (FLAIR) |
111 | shall utilize the state accounting system for fiscal year 2004- |
112 | 2005 but is not required to provide funds to the Department of |
113 | Financial Services for its utilization. |
114 | (2) Notwithstanding the provisions of ss. 216.181, |
115 | 216.292, and 1011.4105, Florida Statutes, and pursuant to s. |
116 | 216.351, Florida Statutes, funds appropriated or reappropriated |
117 | to the state universities in the 2004-2005 General |
118 | Appropriations Act, or any other act passed by the 2004 |
119 | Legislature containing appropriations, shall be distributed to |
120 | each university according to the 2004-2005 fiscal year operating |
121 | budget approved by the university board of trustees. Each |
122 | university board of trustees shall have authority to amend the |
123 | operating budget as circumstances warrant. The operating budget |
124 | may utilize traditional appropriation categories or it may |
125 | consolidate the appropriations into a special category |
126 | appropriation account. The Chief Financial Officer, upon the |
127 | request of the university board of trustees, shall record by |
128 | journal transfer the distribution of the appropriated funds and |
129 | releases according to the approved operating budget to the |
130 | appropriation accounts established for disbursement purposes for |
131 | each university within the state accounting system (FLAIR). |
132 | (3) Notwithstanding the provisions of ss. 216.181, |
133 | 216.292, and 1011.4105, Florida Statutes, and pursuant to s. |
134 | 216.351, Florida Statutes, each university board of trustees |
135 | shall include in an approved operating budget the revenue in |
136 | trust funds supported by student and other fees as well as the |
137 | trust funds within the Contracts, Grants, and Donations; |
138 | Auxiliary Enterprises; and Sponsored Research budget entities. |
139 | The university board of trustees shall have the authority to |
140 | amend the operating budget as circumstances warrant. The |
141 | operating budget may utilize traditional appropriation |
142 | categories or it may consolidate the trust fund spending |
143 | authority into a special category appropriation account. The |
144 | Chief Financial Officer, upon the request of the university |
145 | board of trustees, shall record the distribution of the trust |
146 | fund spending authority and releases according to the approved |
147 | operating budget to the appropriation accounts established for |
148 | disbursement purposes for each university within the state |
149 | accounting system (FLAIR). |
150 | (4) Notwithstanding those provisions of ss. 216.181, |
151 | 216.292, and 1011.4105, Florida Statutes, which are inconsistent |
152 | with the provisions of this subsection and pursuant to s. |
153 | 216.351, Florida Statutes, fixed capital outlay funds |
154 | appropriated or reappropriated in the 2004-2005 General |
155 | Appropriations Act, or any other act passed by the 2004 |
156 | Legislature containing fixed capital outlay appropriations, for |
157 | universities that have made the transition, effective July 1, |
158 | 2004, from the state accounting system (FLAIR) shall be |
159 | administered by the Department of Education and shall be |
160 | distributed to the universities as needed for projects based |
161 | upon estimated invoices to be paid during the following 30 days |
162 | or as required by bond documents. For undisbursed fixed capital |
163 | outlay appropriations from prior fiscal years for universities |
164 | that have made the transition, effective July 1, 2004, from the |
165 | state accounting system (FLAIR), the Executive Office of the |
166 | Governor and the Chief Financial Officer shall have authority to |
167 | transfer such undisbursed fixed capital outlay appropriations |
168 | into appropriations under the Department of Education for |
169 | distribution to the universities as needed for projects based on |
170 | estimated invoices to be paid during the following 30 days or as |
171 | required by bond documents. Expenditure of fixed capital outlay |
172 | appropriations shall be consistent with legislative policy and |
173 | intent. |
174 | (5) This section expires July 1, 2005. |
175 | Section 3. In order to implement sections 2 through 7 of |
176 | the 2004-2005 General Appropriations Act, paragraph (b) of |
177 | subsection (3) of section 220.187, Florida Statutes, is amended |
178 | to read: |
179 | 220.187 Credits for contributions to nonprofit |
180 | scholarship-funding organizations.-- |
181 | (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX |
182 | CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- |
183 | (b)1. The total amount of tax credits and carryforward of |
184 | tax credits which may be granted each state fiscal year under |
185 | this section is $88 million. |
186 | 2. Notwithstanding subparagraph 1., and for the 2004-2005 |
187 | fiscal year only, the total amount of tax credits and |
188 | carryforward of tax credits which may be granted each state |
189 | fiscal year under this section is $50 million. This subparagraph |
190 | expires July 1, 2005. |
191 | Section 4. In order to implement Specific Appropriations |
192 | 303, 306, and 308 of the 2004-2005 General Appropriations Act, |
193 | subsection (12) of section 216.292, Florida Statutes, is amended |
194 | to read: |
195 | 216.292 Appropriations nontransferable; exceptions.-- |
196 | (12) For the 2004-2005 2003-2004 fiscal year only and |
197 | notwithstanding the other provisions of this section, the |
198 | Department of Children and Family Services may transfer funds |
199 | within the family safety program identified in the General |
200 | Appropriations Act from identical funding sources between the |
201 | following appropriation categories without limitation as long as |
202 | such a transfer does not result in an increase to the total |
203 | recurring general revenue or trust fund cost of the agency in |
204 | the subsequent fiscal year: adoption services and subsidy; |
205 | family foster care; and emergency shelter care. Such transfers |
206 | must be consistent with legislative policy and intent and must |
207 | not adversely affect achievement of approved performance |
208 | outcomes or outputs in the family safety program. Notice of |
209 | proposed transfers under this authority must be provided to the |
210 | Executive Office of the Governor and the chairs of the |
211 | legislative appropriations committees at least 5 working days |
212 | before their implementation. This subsection expires July 1, |
213 | 2005 2004. |
214 | Section 5. In order to implement Specific Appropriations |
215 | 385 and 388 of the 2004-2005 General Appropriations Act, |
216 | subsection (4) of section 561.121, Florida Statutes, is amended |
217 | to read: |
218 | 561.121 Deposit of revenue.-- |
219 | (4)(a) State funds collected pursuant to s. 561.501 shall |
220 | be paid into the State Treasury and credited to the following |
221 | accounts: |
222 | 1. Twenty-seven and two-tenths percent of the surcharge on |
223 | the sale of alcoholic beverages for consumption on premises |
224 | shall be transferred to the Children and Adolescents Substance |
225 | Abuse Trust Fund, which shall remain with the Department of |
226 | Children and Family Services for the purpose of funding programs |
227 | directed at reducing and eliminating substance abuse problems |
228 | among children and adolescents. |
229 | 2. The remainder of collections shall be credited to the |
230 | General Revenue Fund. |
231 | (b) For the 2004-2005 2003-2004 state fiscal year only, |
232 | and notwithstanding the provisions of subparagraph (a)1., moneys |
233 | in the Children and Adolescents Substance Abuse Trust Fund may |
234 | also be used for the purpose of funding programs directed at |
235 | reducing and eliminating substance abuse problems among adults. |
236 | This paragraph expires July 1, 2005 2004. |
237 | Section 6. In order to implement Specific Appropriation |
238 | 301D of the 2004-2005 General Appropriations Act, subsection (7) |
239 | of section 409.1671, Florida Statutes, as amended by section 27 |
240 | of chapter 2003-399, Laws of Florida, is amended to read: |
241 | 409.1671 Foster care and related services; |
242 | privatization.-- |
243 | (7) The department, in consultation with existing lead |
244 | agencies, shall develop a proposal regarding the long-term use |
245 | and structure of a statewide shared earnings program which |
246 | addresses the financial risk to eligible lead community-based |
247 | providers resulting from unanticipated caseload growth or from |
248 | significant changes in client mixes or services eligible for |
249 | federal reimbursement. The recommendations in the statewide |
250 | proposal must also be available to entities of the department |
251 | until the conversion to community-based care takes place. At a |
252 | minimum, the proposal must allow for use of federal earnings |
253 | received from child welfare programs, which earnings are |
254 | determined by the department to be in excess of the amount |
255 | appropriated in the General Appropriations Act, to be used for |
256 | specific purposes. These purposes include, but are not limited |
257 | to: |
258 | (a) Significant changes in the number or composition of |
259 | clients eligible to receive services. |
260 | (b) Significant changes in the services that are eligible |
261 | for reimbursement. |
262 | (c) Significant changes in the availability of federal |
263 | funds. |
264 | (d) Shortfalls in state funds available for eligible or |
265 | ineligible services. |
266 | (e) Significant changes in the mix of available funds. |
267 | (f) Scheduled or unanticipated, but necessary, advances to |
268 | providers or other cash-flow issues. |
269 | (g) Proposals to participate in optional Medicaid services |
270 | or other federal grant opportunities. |
271 | (h) Appropriate incentive structures. |
272 | (i) Continuity of care in the event of lead agency |
273 | failure, discontinuance of service, or financial misconduct. |
274 |
|
275 | The department shall further specify the necessary steps to |
276 | ensure the financial integrity of these dollars and their |
277 | continued availability on an ongoing basis. The final proposal |
278 | shall be submitted to the Legislative Budget Commission for |
279 | formal adoption before December 31, 2004 2002. If the |
280 | Legislative Budget Commission refuses to concur with the |
281 | adoption of the proposal, the department shall present its |
282 | proposal in the form of recommended legislation to the President |
283 | of the Senate and the Speaker of the House of Representatives |
284 | before the commencement of the next legislative session. For |
285 | fiscal year 2003-2004 and annually thereafter, the department of |
286 | Children and Family Services may request in its legislative |
287 | budget request, and the Governor may recommend, the funding |
288 | necessary to carry out paragraph (i) from excess federal |
289 | earnings. The General Appropriations Act shall include any funds |
290 | appropriated for this purpose in a lump sum in the department |
291 | Administered Funds Program, which funds constitute partial |
292 | security for lead agency contract performance. The department |
293 | shall use this appropriation to offset the need for a |
294 | performance bond for that year after a comparison of risk to the |
295 | funds available. In no event shall this performance bond exceed |
296 | 2.5 percent of the annual contract value. The department may |
297 | separately require a bond to mitigate the financial consequences |
298 | of potential acts of malfeasance, misfeasance, or criminal |
299 | violations by the provider. Prior to the release of any funds in |
300 | the lump sum, the department shall submit a detailed operational |
301 | plan, which must identify the sources of specific trust funds to |
302 | be used. The release of the trust fund shall be subject to the |
303 | notice and review provisions of s. 216.177. However, the release |
304 | shall not require approval of the Legislative Budget Commission. |
305 | Section 7. The amendment of subsection (7) of section |
306 | 409.1671, Florida Statutes, by this act shall expire on July 1, |
307 | 2005, and the text of that subsection shall revert to that in |
308 | existence on June 30, 2004, except that any amendments to such |
309 | text enacted other than by this act shall be preserved and |
310 | continue to operate to the extent that such amendments are not |
311 | dependent upon the portions of such text which expire pursuant |
312 | to the provisions of this act. |
313 | Section 8. In order to implement Specific Appropriations |
314 | 356-388 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; |
317 | distribution of appropriations.--In recognition of the |
318 | historical inequity among service districts of the former |
319 | Department of Health and Rehabilitative Services in the funding |
320 | of substance abuse and mental health services, and in order to |
321 | rectify this inequity and provide for equitable funding in the |
322 | future throughout the state, the following funding process shall |
323 | be adhered to: |
324 | (8) For fiscal year 2004-2005 2003-2004 only, and |
325 | notwithstanding the provisions of this section, all new funds |
326 | received in excess of fiscal year 2003-2004 2002-2003 recurring |
327 | appropriations shall be allocated in accordance with the |
328 | provisions of the General Appropriations Act; however, no |
329 | district shall receive an allocation of recurring funds less |
330 | than its initial approved operating budget, plus any |
331 | distributions of lump sum appropriations or reductions in |
332 | unfunded budget, for fiscal year 2003-2004 2002-2003. This |
333 | subsection expires July 1, 2005 2004. |
334 | Section 9. In order to implement Specific Appropriations |
335 | 436-445 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 |
338 | services.-- |
339 | (14)(a) Contracts for commodities or contractual services |
340 | may be renewed for a period that may not exceed 3 years or the |
341 | term of the original contract, whichever period is longer. |
342 | Renewal of a contract for commodities or contractual services |
343 | shall be in writing and shall be subject to the same terms and |
344 | conditions set forth in the initial contract. If the commodity |
345 | or contractual service is purchased as a result of the |
346 | solicitation of bids, proposals, or replies, the price of the |
347 | commodity or contractual service to be renewed shall be |
348 | specified in the bid, proposal, or reply. A renewal contract may |
349 | not include any compensation for costs associated with the |
350 | renewal. Renewals shall be contingent upon satisfactory |
351 | performance evaluations by the agency and subject to the |
352 | availability of funds. Exceptional purchase contracts pursuant |
353 | to s. 287.057(5)(a) and (c) may not be renewed. |
354 | (b) Notwithstanding paragraph (a), the Department of |
355 | Children and Family Services may enter into agreements, not to |
356 | exceed 20 years, with a private provider to finance, design, and |
357 | construct a treatment facility, as defined in s. 394.455, of at |
358 | least 200 beds and to operate all aspects of daily operations |
359 | within the treatment facility. The selected contractor is |
360 | authorized to sponsor the issuance of tax-exempt certificates of |
361 | participation or other securities to finance the project, and |
362 | the state is authorized to enter into a lease-purchase agreement |
363 | for the treatment facility. The Department of Children and |
364 | Family Services shall begin the implementation of this |
365 | privatization initiative by January 1, 2005. This paragraph |
366 | expires July 1, 2005. |
367 | Section 10. In order to fulfill legislative intent |
368 | regarding the use of funds contained in Specific Appropriations |
369 | 667, 681, 693, and 1138 of the 2004-2005 General Appropriations |
370 | Act, the Department of Corrections and the Department of |
371 | Juvenile Justice may expend appropriated funds to assist in |
372 | defraying the costs of impacts that are incurred by a |
373 | municipality or county and associated with opening or operating |
374 | a facility under the authority of the respective department |
375 | which is located within that municipality or county. The amount |
376 | that is to be paid under this section for any facility may not |
377 | exceed 1 percent of the facility construction cost, less |
378 | building impact fees imposed by the municipality or by the |
379 | county if the facility is located in the unincorporated portion |
380 | of the county. This section expires July 1, 2005. |
381 | Section 11. In order to implement Specific Appropriations |
382 | 655-751 and 781-794 of the 2004-2005 General Appropriations Act, |
383 | subsection (4) of section 216.262, Florida Statutes, is amended |
384 | to read: |
385 | 216.262 Authorized positions.-- |
386 | (4) Notwithstanding the provisions of this chapter on |
387 | increasing the number of authorized positions, and for the 2004- |
388 | 2005 2003-2004 fiscal year only, if the actual inmate population |
389 | of the Department of Corrections exceeds the inmate population |
390 | projections of the February 16, 2004 July 9, 2003, Criminal |
391 | Justice Estimating Conference by 1 percent for 2 consecutive |
392 | months or 2 percent for any month, the Executive Office of the |
393 | Governor, with the approval of the Legislative Budget |
394 | Commission, shall immediately notify the Criminal Justice |
395 | Estimating Conference, which shall convene as soon as possible |
396 | to revise the estimates. The Department of Corrections may then |
397 | submit a budget amendment requesting the establishment of |
398 | positions in excess of the number authorized by the Legislature |
399 | and additional appropriations from the General Revenue Fund or |
400 | the Working Capital Fund sufficient to provide for essential |
401 | staff and other resources to provide classification, security, |
402 | food services, health services, and other variable expenses |
403 | within the institutions to accommodate the estimated increase in |
404 | the inmate population. All actions taken pursuant to the |
405 | authority granted in this subsection shall be subject to review |
406 | and approval by the Legislative Budget Commission. This |
407 | subsection expires July 1, 2005 2004. |
408 | Section 12. In order to implement Specific Appropriation |
409 | 2889C of the 2004-2005 General Appropriations Act, and pursuant |
410 | to the notice, review, and objection procedures of s. 216.177, |
411 | Florida Statutes, funds in Specific Appropriation 2889C of the |
412 | 2004-2005 General Appropriations Act may be transferred from the |
413 | courts to the Justice Administrative Commission in order to |
414 | address unanticipated shortfalls in due process appropriations |
415 | in excess of the contingency fund provided in Specific |
416 | Appropriation 829A of the 2004-2005 General Appropriations Act. |
417 | This section expires July 1, 2005. |
418 | Section 13. In order to implement Specific Appropriation |
419 | 2321 of the 2004-2005 General Appropriations Act, subsection (4) |
420 | of section 215.96, Florida Statutes, is amended to read: |
421 | 215.96 Coordinating council and design and coordination |
422 | staff.-- |
423 | (4) The Financial Management Information Board, through |
424 | the coordinating council, shall provide the necessary planning, |
425 | implementation, and integration policies, coordination |
426 | procedures, and reporting processes to facilitate the successful |
427 | and efficient integration of the central administrative and |
428 | financial management information systems, including the Florida |
429 | Accounting Information Resource system (FLAIR), Cash Management |
430 | System (CMS), and FLAIR/CMS replacement (Aspire) project, the |
431 | payroll system in the Department of Financial Services, the |
432 | Legislative Appropriations System/Planning and Budgeting |
433 | Subsystem (LAS/PBS), the State Purchasing System (SPURS) and |
434 | MyFlorida Marketplace project, the Cooperative Personnel |
435 | Employment Subsystem (COPES) and the PeopleFirst Outsourcing |
436 | project, and the State Unified Tax system (SUNTAX). |
437 | (a) To fulfill this role, the coordinating council shall |
438 | establish an Enterprise Resource Planning Integration Task |
439 | Force, which shall consist of the coordinating council members |
440 | plus the Chief Information Officer in the State Technology |
441 | Office and the Executive Director or designee in the Department |
442 | of Revenue, who shall serve with voting rights on the task |
443 | force. The nonvoting ex officio members of the coordinating |
444 | council shall be nonvoting members of the task force. |
445 | (b) The task force shall be established by August 1, 2003, |
446 | and shall remain in existence until the integration goals have |
447 | been achieved among the (Aspire) FLAIR/CMS Replacement project, |
448 | SPURS and MyFlorida Marketplace project, COPES and PeopleFirst |
449 | project, payroll system, LAS/PBS, and SUNTAX system, or until |
450 | June 30, 2005, whichever is later. The task force shall hold its |
451 | initial meeting no later than September 1, 2003, and shall meet |
452 | at the call of the chair or at least once every 60 days. In its |
453 | initial meeting, The task force members shall: |
454 | 1. Adopt a task force charter that identifies major |
455 | objectives, activities, milestones and deliverables, significant |
456 | assumptions, and constraints on the task force functions and |
457 | major stakeholder groups interested in the outcome of the task |
458 | force. |
459 | 2. Consider and adopt processes by which information will |
460 | be collected and business process and technical integration |
461 | issues will be raised for analysis and recommendation by the |
462 | task force. |
463 | 3. Elect a member to serve as vice chair. Any vacancy in |
464 | the vice chair position shall be filled by similar election |
465 | within 30 days after the date the vacancy is effective. |
466 | (c) The coordinating council shall provide administrative |
467 | and technical support to the task force as is reasonably |
468 | necessary for the task force to effectively and timely carry out |
469 | its duties and responsibilities. The cost of providing such |
470 | support may be paid from funds appropriated for the operation of |
471 | the council or the (Aspire) FLAIR/CMS Replacement project. The |
472 | task force also may contract for services to obtain specific |
473 | expertise to analyze, facilitate, and formulate recommendations |
474 | to address process and technical integration problems that need |
475 | to be resolved. |
476 | (d) Using information and input from project teams and |
477 | stakeholders responsible for the (Aspire) FLAIR/CMS Replacement |
478 | project, SPURS and MyFlorida Marketplace project, COPES and |
479 | PeopleFirst project, payroll system, LAS/PBS, and SUNTAX system, |
480 | the responsibilities of the task force shall include, but not be |
481 | limited to: |
482 | 1. Identifying and documenting central administrative and |
483 | financial management policies, procedures, and processes that |
484 | need to be integrated and recommending steps for implementation. |
485 | 2. Collecting information from the subsystem owners and |
486 | project teams and developing and publishing a consolidated list |
487 | of enterprise resource planning functional and technical |
488 | integration requirements. |
489 | 3. Publishing integration plans and timelines based on |
490 | information collected from task force members. |
491 | 4. Forming committees, workgroups, and teams as provided |
492 | in subsection (3). |
493 | 5. Developing recommendations for the Financial Management |
494 | Information Board which clearly describe any business or |
495 | technical problems that need to be addressed, the options for |
496 | resolving the problem, and the recommended actions. |
497 | 6. Developing and implementing plans for reporting status |
498 | of integration efforts. |
499 | (e) The task force shall provide recommendations to the |
500 | Financial Management Information Board for review and approval |
501 | regarding the technical, procedural, policy, and process |
502 | requirements and changes that are needed to successfully |
503 | integrate, implement, and realize the benefits of the enterprise |
504 | resource planning initiatives associated with the (Aspire) |
505 | FLAIR/CMS Replacement project, SPURS and MyFlorida Marketplace |
506 | project, COPES and PeopleFirst project, payroll system, LAS/PBS, |
507 | and SUNTAX system. The first of these reports should be provided |
508 | no later than October 3, 2003. |
509 | (f) The task force shall monitor, review, and evaluate the |
510 | progress of the (Aspire) FLAIR/CMS Replacement project, SPURS |
511 | and MyFlorida Marketplace project, COPES and PeopleFirst |
512 | project, payroll system, LAS/PBS, and SUNTAX system, in |
513 | implementing the process and technical integration requirements |
514 | and changes approved by the Financial Management Information |
515 | Board and in achieving the necessary integration among the |
516 | central administrative and financial management information |
517 | systems represented on the task force. The task force shall |
518 | prepare and submit quarterly reports to the Executive Office of |
519 | the Governor, the chairs of the Senate Appropriations Committee |
520 | and the House Appropriations Committee, and the Financial |
521 | Management Information Board. Each quarterly report shall |
522 | identify and describe the technical, procedural, policy, and |
523 | process requirements and changes proposed and adopted by the |
524 | board and shall describe the status of the implementation of |
525 | these integration efforts, identify any problems, issues, or |
526 | risks that require executive-level action, and report actual |
527 | costs related to the Enterprise Resource Planning Integration |
528 | Task Force. |
529 | (g) By January 15, 2005 2004, and annually thereafter, |
530 | until it is disbanded, the Enterprise Resource Planning |
531 | Integration Task Force shall report to the Financial Management |
532 | Information Board, the Speaker of the House of Representatives, |
533 | and the President of the Senate the results of the task force's |
534 | monitoring, review, and evaluation of enterprise resource |
535 | planning integration activities and requirements, and any |
536 | recommendations for statutory changes to be considered by the |
537 | Legislature. |
538 | (h) This subsection expires July 1, 2005 2004. |
539 | Section 14. In order to continue implementing Specific |
540 | Appropriation 1379B of the 2003-2004 General Appropriations Act |
541 | and notwithstanding any provision of chapter 287 or chapter 337, |
542 | Florida Statutes, from the funds appropriated to the Department |
543 | of Agriculture and Consumer Services for the 2003-2004 and 2004- |
544 | 2005 fiscal years for the purpose of constructing an |
545 | agricultural interdiction station on Interstate 10 in Escambia |
546 | County, the Department of Agriculture and Consumer Services |
547 | shall enter into an agreement with the Department of |
548 | Transportation wherein the Department of Transportation, on |
549 | behalf of the Department of Agriculture and Consumer Services, |
550 | shall proceed with the construction of the station under the |
551 | authority established in chapter 337, Florida Statutes. The |
552 | Department of Agriculture and Consumer Services shall be |
553 | authorized to execute all contracts resulting from such |
554 | Department of Transportation selection of contractors in |
555 | compliance with chapter 337, Florida Statutes. This section |
556 | expires July 1, 2005. |
557 | Section 15. In order to implement Specific Appropriation |
558 | 1705A and 1706 of the 2004-2005 General Appropriations Act, |
559 | subsection (8) of section 373.59, Florida Statutes, is amended |
560 | to read: |
561 | 373.59 Water Management Lands Trust Fund.-- |
562 | (8)(a) Moneys from the Water Management Lands Trust Fund |
563 | shall be allocated to the five water management districts in the |
564 | following percentages: |
565 | 1.(a) Thirty percent to the South Florida Water Management |
566 | District. |
567 | 2.(b) Twenty-five percent to the Southwest Florida Water |
568 | Management District. |
569 | 3.(c) Twenty-five percent to the St. Johns River Water |
570 | Management District. |
571 | 4.(d) Ten percent to the Suwannee River Water Management |
572 | District. |
573 | 5.(e) Ten percent to the Northwest Florida Water |
574 | Management District. |
575 | (b) Notwithstanding paragraph (a), and for the 2004-2005 |
576 | fiscal year only, the first $329,977 of the moneys allocated to |
577 | the water management districts from the Water Management Lands |
578 | Trust Fund shall be distributed to the Suwannee River Water |
579 | Management District for implementing best management practices |
580 | in the Suwannee River Basin and the next $1,044,926 shall be |
581 | distributed to the Northwest Florida Water Management District |
582 | for administration. The remaining moneys shall be distributed as |
583 | provided in paragraph (a). This paragraph expires July 1, 2005. |
584 | Section 16. In order to implement Specific Appropriation |
585 | 1496 of the 2004-2005 General Appropriations Act, paragraphs (b) |
586 | and (c) of subsection (1) of section 252.373, Florida Statutes, |
587 | are amended to read: |
588 | 252.373 Allocation of funds; rules.-- |
589 | (1) |
590 | (b) Notwithstanding the provisions of paragraph (a), and |
591 | for the 2004-2005 2003-2004 fiscal year only, the use of the |
592 | Emergency Management, Preparedness, and Assistance Trust Fund |
593 | shall be as provided in the General Appropriations Act. This |
594 | paragraph expires on July 1, 2005 2004. |
595 | (c) Notwithstanding the provisions of paragraph (a), and |
596 | for the 2004-2005 2003-2004 fiscal year only, the Department of |
597 | Community Affairs shall conduct a review of funds available in |
598 | the Emergency Management, Preparedness, and Assistance Trust |
599 | Fund. By December 31, 2004 2003, when actual receipts for the |
600 | 2003-2004 2002-2003 fiscal year are determined, the Department |
601 | of Community Affairs may identify any funds that were unspent or |
602 | unencumbered in the 2003-2004 2002-2003 fiscal year, and such |
603 | funds may be transferred to the Grants and Donations Trust Fund |
604 | to be used for the state portion of the match requirements for |
605 | federally approved disaster projects. This paragraph expires |
606 | July 1, 2005 2004. |
607 | Section 17. In order to implement Specific Appropriations |
608 | 2122F and 2122G of the 2004-2005 General Appropriations Act, |
609 | subsection (13) of section 411.01, Florida Statutes, is amended |
610 | to read: |
611 | 411.01 Florida Partnership for School Readiness; school |
612 | readiness coalitions.-- |
613 | (13) PLACEMENTS.--Notwithstanding any other provision of |
614 | this section to the contrary, and for fiscal year 2004-2005 |
615 | 2003-2004 only, the first children to be placed in the school |
616 | readiness program shall be those from families receiving |
617 | temporary cash assistance and subject to federal work |
618 | requirements. Subsequent placements shall be pursuant to the |
619 | provisions of this section. This subsection expires July 1, 2005 |
620 | 2004. |
621 | Section 18. In order to implement Specific Appropriation |
622 | 2480L of the 2004-2005 General Appropriations Act, paragraph (b) |
623 | of subsection (9) of section 320.08058, Florida Statutes, is |
624 | amended 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 |
628 | distributed as follows: |
629 | 1. Fifty-five percent of the proceeds from the Florida |
630 | Professional Sports Team plate must be deposited into the |
631 | Professional Sports Development Trust Fund within the Office of |
632 | Tourism, Trade, and Economic Development. These funds must be |
633 | used solely to attract and support major sports events in this |
634 | state. As used in this subparagraph, the term "major sports |
635 | events" means, but is not limited to, championship or all-star |
636 | contests of Major League Baseball, the National Basketball |
637 | Association, the National Football League, the National Hockey |
638 | League, the men's and women's National Collegiate Athletic |
639 | Association Final Four basketball championship, or a horseracing |
640 | or dogracing Breeders' Cup. All funds must be used to support |
641 | and promote major sporting events, and the uses must be approved |
642 | by the Florida Sports Foundation. |
643 | 2. The remaining proceeds of the Florida Professional |
644 | Sports Team license plate must be allocated to the Florida |
645 | Sports Foundation, a direct-support organization of the Office |
646 | of Tourism, Trade, and Economic Development. These funds must be |
647 | deposited into the Professional Sports Development Trust Fund |
648 | within the Office of Tourism, Trade, and Economic Development. |
649 | These funds must be used by the Florida Sports Foundation to |
650 | promote the economic development of the sports industry; to |
651 | distribute licensing and royalty fees to participating |
652 | professional sports teams; to institute a grant program for |
653 | communities bidding on minor sporting events that create an |
654 | economic impact for the state; to distribute funds to Florida- |
655 | based charities designated by the Florida Sports Foundation and |
656 | the participating professional sports teams; and to fulfill the |
657 | sports promotion responsibilities of the Office of Tourism, |
658 | Trade, and Economic Development. |
659 | 3. The Florida Sports Foundation shall provide an annual |
660 | financial audit in accordance with s. 215.981 of its financial |
661 | accounts and records by an independent certified public |
662 | accountant pursuant to the contract established by the Office of |
663 | Tourism, Trade, and Economic Development as specified in s. |
664 | 288.1229(5). The auditor shall submit the audit report to the |
665 | Office of Tourism, Trade, and Economic Development for review |
666 | and approval. If the audit report is approved, the office shall |
667 | certify the audit report to the Auditor General for review. |
668 | 4. For the 2004-2005 2003-2004 fiscal year only and |
669 | notwithstanding the provisions of subparagraphs 1. and 2., |
670 | proceeds from the Professional Sports Development Trust Fund may |
671 | also be used for operational expenses of the Florida Sports |
672 | Foundation and financial support of the Sunshine State Games. |
673 | This subparagraph expires July 1, 2005 2004. |
674 | Section 19. In order to implement section 20 of the 2004- |
675 | 2005 General Appropriations Act, subsection (5) of section |
676 | 339.08, 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 |
679 | notwithstanding the provisions of this section and s. 339.09(1), |
680 | $100 $200 million may be transferred from the State |
681 | Transportation Trust Fund to the General Revenue Fund in the |
682 | 2004-2005 2003-2004 General Appropriations Act. Such transfer |
683 | may be comprised of several smaller transfers made during the |
684 | 2004-2005 2003-2004 fiscal year. Notwithstanding ss. 206.46(3) |
685 | and 206.606(2), the total amount transferred shall be reduced |
686 | from total state revenues deposited into the State |
687 | Transportation Trust Fund for the calculation requirements of |
688 | ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
689 | 2005 2004. |
690 | Section 20. In order to implement Specific Appropriation |
691 | 2826O of the 2004-2005 General Appropriations Act, paragraph (f) |
692 | of subsection (5) of section 287.057, Florida Statutes, is |
693 | amended to read: |
694 | 287.057 Procurement of commodities or contractual |
695 | services.-- |
696 | (5) When the purchase price of commodities or contractual |
697 | services exceeds the threshold amount provided in s. 287.017 for |
698 | CATEGORY TWO, no purchase of commodities or contractual services |
699 | may be made without receiving competitive sealed bids, |
700 | competitive sealed proposals, or competitive sealed replies |
701 | unless: |
702 | (f) The following contractual services and commodities are |
703 | not subject to the competitive-solicitation requirements of this |
704 | section: |
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 |
710 | witness, appraisal, or mediator services. |
711 | 6. Health services involving examination, diagnosis, |
712 | treatment, prevention, medical consultation, or administration. |
713 | 7. Services provided to persons with mental or physical |
714 | disabilities by not-for-profit corporations which have obtained |
715 | exemptions under the provisions of s. 501(c)(3) of the United |
716 | States Internal Revenue Code or when such services are governed |
717 | by the provisions of Office of Management and Budget Circular A- |
718 | 122. However, in acquiring such services, the agency shall |
719 | consider the ability of the vendor, past performance, |
720 | willingness to meet time requirements, and price. |
721 | 8. Medicaid services delivered to an eligible Medicaid |
722 | recipient by a health care provider who has not previously |
723 | applied for and received a Medicaid provider number from the |
724 | Agency for Health Care Administration. However, this exception |
725 | shall be valid for a period not to exceed 90 days after the date |
726 | of delivery to the Medicaid recipient and shall not be renewed |
727 | by the agency. |
728 | 9. Family placement services. |
729 | 10. Prevention services related to mental health, |
730 | including drug abuse prevention programs, child abuse prevention |
731 | programs, and shelters for runaways, operated by not-for-profit |
732 | corporations. However, in acquiring such services, the agency |
733 | shall consider the ability of the vendor, past performance, |
734 | willingness to meet time requirements, and price. |
735 | 11. Training and education services provided to injured |
736 | employees pursuant to s. 440.49(1). |
737 | 12. Contracts entered into pursuant to s. 337.11. |
738 | 13. Services or commodities provided by governmental |
739 | agencies. |
740 | 14. Voter education activities of the Department of State |
741 | or the supervisors of elections, either individually or in the |
742 | aggregate or with their respective professional associations. |
743 | This subparagraph expires July 1, 2005. |
744 | Section 21. In order to implement Specific Appropriation |
745 | 1993 of the 2004-2005 General Appropriations Act, paragraph (b) |
746 | of subsection (3) of section 311.07, Florida Statutes, is |
747 | amended to read: |
748 | 311.07 Florida seaport transportation and economic |
749 | development funding.-- |
750 | (3) |
751 | (b) Projects eligible for funding by grants under the |
752 | program are limited to the following port facilities or port |
753 | transportation projects: |
754 | 1. Transportation facilities within the jurisdiction of |
755 | the port. |
756 | 2. The dredging or deepening of channels, turning basins, |
757 | or harbors. |
758 | 3. The construction or rehabilitation of wharves, docks, |
759 | structures, jetties, piers, storage facilities, cruise |
760 | terminals, automated people mover systems, or any facilities |
761 | necessary or useful in connection with any of the foregoing. |
762 | 4. The acquisition of container cranes or other mechanized |
763 | equipment used in the movement of cargo or passengers in |
764 | international commerce. |
765 | 5. The acquisition of land to be used for port purposes. |
766 | 6. The acquisition, improvement, enlargement, or extension |
767 | of existing port facilities. |
768 | 7. Environmental protection projects which are necessary |
769 | because of requirements imposed by a state agency as a condition |
770 | of a permit or other form of state approval; which are necessary |
771 | for environmental mitigation required as a condition of a state, |
772 | federal, or local environmental permit; which are necessary for |
773 | the acquisition of spoil disposal sites and improvements to |
774 | existing and future spoil sites; or which result from the |
775 | funding of eligible projects listed in this paragraph. |
776 | 8. Transportation facilities as defined in s. 334.03(31) |
777 | which are not otherwise part of the Department of |
778 | Transportation's adopted work program. |
779 | 9. Seaport intermodal access projects identified in the 5- |
780 | year Florida Seaport Mission Plan as provided in s. 311.09(3). |
781 | 10. Construction or rehabilitation of port facilities as |
782 | defined in s. 315.02, excluding any park or recreational |
783 | facilities, in ports listed in s. 311.09(1) with operating |
784 | revenues of $5 million or less, provided that such projects |
785 | create economic development opportunities, capital improvements, |
786 | and positive financial returns to such ports. |
787 | 11. Seaport security measures. Such measures include: |
788 | a. Infrastructure security measures required by seaport |
789 | security plans approved by the Office of Drug Control and the |
790 | Department of Law Enforcement under s. 311.12, including |
791 | security gates, physical barriers, and security-related lighting |
792 | systems, equipment, or facilities to be used for seaport |
793 | security monitoring and recording, remote surveillance systems, |
794 | concealed recording systems, or other security infrastructure, |
795 | technology, vulnerability assessments, or equipment that |
796 | contributes to the overall security of the seaport and its |
797 | facilities as specified in the security plans approved by the |
798 | Office of Drug Control and the Department of Law Enforcement |
799 | under s. 311.12 or as otherwise specifically found by the |
800 | Department of Law Enforcement to be a measure consistent with |
801 | and supportive of such an approved plan. Program funds for such |
802 | measures may come from funds made available under subsection (2) |
803 | and s. 320.20(3) or (4). Infrastructure measures required by an |
804 | approved seaport security plan or as otherwise found by the |
805 | Department of Law Enforcement to be consistent with and |
806 | supportive of an approved plan as authorized in this sub- |
807 | subparagraph are not subject to the matching fund requirements |
808 | of paragraph (a) or s. 320.20(3) or (4). |
809 | b. Law enforcement measures mandated by federal, state, or |
810 | local governmental agencies, including the deployment of the |
811 | Florida National Guard, local law enforcement personnel, seaport |
812 | security personnel, private sector security personnel, or any |
813 | combination thereof to provide operational security services at |
814 | any seaport identified in s. 311.09(1). Program funds for such |
815 | measures may come from funds made available under subsection |
816 | (2). Law enforcement measures are subject to the matching fund |
817 | requirements of paragraph (a), except that any funds provided |
818 | for the Florida National Guard shall remain exempt from the |
819 | matching fund requirements of paragraph (a) through April 30, |
820 | 2002. |
821 |
|
822 | Notwithstanding s. 339.135(7) or any other provision of law to |
823 | the contrary, seaports may request that the department change |
824 | the purpose of a project in the 2000-2001 and 2001-2002 work |
825 | programs to a purpose authorized under this subparagraph. |
826 | Additional consideration shall be given to seaports having |
827 | operating revenues of $14 million or less for operational |
828 | security and law enforcement measures for grants not to exceed |
829 | $350,000. Any federal funds that are provided for port security |
830 | infrastructure improvements of which funds seaports in this |
831 | state are the beneficiaries shall be allocated in a manner |
832 | consistent with federal requirements and guidelines. Federal |
833 | funds obtained by a seaport for a specific security |
834 | infrastructure project, which project has also received state |
835 | seaport transportation and economic development funds, shall be |
836 | used to reimburse the state funds received by the seaport under |
837 | this subparagraph for the specific project. These reimbursement |
838 | funds must be used for projects and measures authorized under |
839 | subparagraphs 1.-10. This subparagraph shall expire June 30, |
840 | 2005 2004. |
841 | Section 22. In order to implement Specific Appropriation |
842 | 2589 of the 2004-2005 General Appropriations Act, effective July |
843 | 1, 2004, and notwithstanding the provisions of s. 1008.51, |
844 | Florida Statutes, the budget for the Council for Education |
845 | Policy Research and Improvement shall be administered by the |
846 | Auditor General. However, the Council for Education Policy |
847 | Research and Improvement shall remain independent of the Auditor |
848 | General for all programmatic purposes, serving as a citizen |
849 | board for conducting and reviewing education research, providing |
850 | independent analysis on education progress, and providing |
851 | independent evaluation of education issues of statewide concern, |
852 | as prescribed in s. 1008.51, Florida Statutes. All work products |
853 | of the Council for Education Policy Research and Improvement are |
854 | advisory in nature. This section expires July 1, 2005. |
855 | Section 23. In order to implement the appropriation of |
856 | funds in Special Categories-Risk Management Insurance of the |
857 | 2004-2005 General Appropriations Act, and pursuant to the |
858 | notice, review, and objection procedures of s. 216.177, Florida |
859 | Statutes, the Executive Office of the Governor is authorized to |
860 | transfer funds appropriated in the appropriation category |
861 | "Special Categories-Risk Management Insurance" of the 2004-2005 |
862 | General Appropriations Act between departments in order to align |
863 | the budget authority granted with the premiums paid by each |
864 | department for risk management insurance. This section expires |
865 | July 1, 2005. |
866 | Section 24. In order to implement the appropriation of |
867 | funds in Special Categories-Transfer to Department of Management |
868 | Services-Human Resources Services Purchased Per Statewide |
869 | Contract of the 2004-2005 General Appropriations Act, and |
870 | pursuant to the notice, review, and objection procedures of s. |
871 | 216.177, Florida Statutes, the Executive Office of the Governor |
872 | is authorized to transfer funds appropriated in the |
873 | appropriation category "Special Categories-Transfer to |
874 | Department of Management Services-Human Resources Services |
875 | Purchased Per Statewide Contract" of the 2004-2005 General |
876 | Appropriations Act between departments in order to align the |
877 | budget authority granted with the assessments that must be paid |
878 | by each agency to the Department of Management Services for |
879 | human resource management services. This section expires July 1, |
880 | 2005. |
881 | Section 25. In order to implement section 8 of the 2004- |
882 | 2005 General Appropriations Act, relating to the state |
883 | contribution for the State Employees Group Health Insurance Plan |
884 | and pursuant to the notice, review, and objection procedures of |
885 | s. 216.177, Florida Statutes, the Executive Office of the |
886 | Governor is authorized to transfer funds appropriated in the |
887 | Salaries and Benefits category of the General Appropriations Act |
888 | between departments in order to align the budget authority |
889 | granted in accordance with the redesign of the State Employees |
890 | Group Health Insurance Program and the realignment necessary |
891 | based upon state contribution revisions and the results of the |
892 | open enrollment period. This transfer is not subject to the |
893 | provisions of s. 216.181, Florida Statutes. This section expires |
894 | July 1, 2005. |
895 | Section 26. In order to implement section 8 of the 2004- |
896 | 2005 General Appropriations Act, section 110.1239, Florida |
897 | Statutes, is amended to read: |
898 | 110.1239 State group health insurance program |
899 | funding.--For the 2004-2005 2003-2004 fiscal year only, it is |
900 | For the 2004-2005 2003-2004 fiscal year only, it is the intent |
901 | of the Legislature that the state group health insurance program |
902 | be managed, administered, operated, and funded in such a manner |
903 | as to maximize the protection of state employee health insurance |
904 | benefits. Inherent in this intent is the recognition that the |
905 | health insurance liabilities attributable to the benefits |
906 | offered state employees should be fairly, orderly, and equitably |
907 | funded. Accordingly: |
908 | (1) The division shall determine the level of premiums |
909 | necessary to fully fund the state group health insurance program |
910 | for the next fiscal year. Such determination shall be made after |
911 | each Self-Insurance Estimating Conference as provided in s. |
912 | 216.136(11), but not later than December 1 and April 1 of each |
913 | fiscal year. |
914 | (2) The Governor, in the Governor's recommended budget, |
915 | shall provide premium rates necessary for full funding of the |
916 | state group health insurance program, and the Legislature shall |
917 | provide in the General Appropriations Act for a premium level |
918 | necessary for full funding of the state group health insurance |
919 | program. |
920 | (3) For purposes of funding, any additional appropriation |
921 | amounts allocated to the state group health insurance program by |
922 | the Legislature shall be considered as a state contribution and |
923 | thus 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 |
926 | the 2004-2005 General Appropriations Act, paragraph (c) of |
927 | subsection (5) and paragraph (d) of subsection (6) of section |
928 | 112.061, Florida Statutes, are amended to read: |
929 | 112.061 Per diem and travel expenses of public officers, |
930 | employees, and authorized persons.-- |
931 | (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For |
932 | purposes of reimbursement and methods of calculating fractional |
933 | days of travel, the following principles are prescribed: |
934 | (c) For the 2004-2005 2003-2004 fiscal year only and |
935 | notwithstanding the other provisions of this subsection, for |
936 | Class C travel, a state traveler shall not be reimbursed on a |
937 | per diem basis nor shall a traveler receive subsistence |
938 | allowance. This paragraph expires July 1, 2005 2004. |
939 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
940 | purposes of reimbursement rates and methods of calculation, per |
941 | diem and subsistence allowances are divided into the following |
942 | groups and rates: |
943 | (d) For the 2004-2005 2003-2004 fiscal year only and |
944 | notwithstanding the other provisions of this subsection, for |
945 | Class C travel, a state traveler shall not be reimbursed on a |
946 | per diem basis nor shall a traveler receive subsistence |
947 | allowance. This paragraph expires July 1, 2005 2004. |
948 | Section 28. In order to implement all line items in the |
949 | 2004-2005 General Appropriations Act relating to the |
950 | nonrecurring portion of the salary budget, it is the intent of |
951 | the Legislature that the head of each state agency as defined in |
952 | s. 216.011, Florida Statutes, immediately begin to implement |
953 | strategies to achieve an overall salary reduction that |
954 | annualizes to 10 percent of the agency's 2004-2005 approved |
955 | salary budget by July 1, 2005. Such strategies must include, but |
956 | are not limited to: |
957 | (1) Hiring replacement positions for retiring employees at |
958 | 10 percent below the departing employee's salary or at the |
959 | minimum for the class if that is higher. |
960 | (2) Using attrition to eliminate vacant positions that are |
961 | not serving critical functions. |
962 | (3) Employing time-limited assistance to address functions |
963 | that are seasonal or cyclical in nature in lieu of full-time |
964 | employees. |
965 | (4) Monitoring and limiting the use of overtime. |
966 | (5) Outsourcing, when such activity produces a savings |
967 | during each year of the contracted period. |
968 | Section 29. In order to implement Specific Appropriations |
969 | 2652-2660 of the 2004-2005 General Appropriations Act, |
970 | notwithstanding any provision of law to the contrary and for the |
971 | 2004-2005 fiscal year only, each state contract over $50,000 for |
972 | the performance of services must specify that vendors shall be |
973 | required to agree, as a provision in the contract, to use only |
974 | residents of this state as the providers of the services. This |
975 | requirement also applies to any employees or other business |
976 | entities subcontracted for services by the vendor under such |
977 | contract. The requirement may be waived if the Department of |
978 | Management Services determines that a compelling state interest |
979 | exists to waive the requirement and such a determination is |
980 | approved by the Administration Commission. If a contractor is |
981 | found to be in violation of the state contract for the |
982 | performance of services with regard to the residence of |
983 | employees as provided in this section, the contractor and its |
984 | principals shall be deemed ineligible to receive any state |
985 | contract, grant, or incentive funding for the remainder of the |
986 | fiscal year. This section expires July 1, 2005. |
987 | Section 30. A section of this act that implements a |
988 | specific appropriation or specifically identified proviso |
989 | language in the 2004-2005 General Appropriations Act is void if |
990 | the specific appropriation or specifically identified proviso |
991 | language is vetoed. A section of this act that implements more |
992 | than one specific appropriation or more than one portion of |
993 | specifically identified proviso language in the 2004-2005 |
994 | General Appropriations Act is void if all the specific |
995 | appropriations or portions of specifically identified proviso |
996 | language are vetoed. |
997 | Section 31. If any other act passed in 2004 contains a |
998 | provision that is substantively the same as a provision in this |
999 | act, but that removes or is otherwise not subject to the future |
1000 | repeal applied to such provision by this act, the Legislature |
1001 | intends that the provision in the other act shall take |
1002 | precedence and shall continue to operate, notwithstanding the |
1003 | future repeal provided by this act. |
1004 | Section 32. The agency performance measures and standards |
1005 | in the document entitled "Performance Measures and Standards |
1006 | Approved by the Legislature for Fiscal Year 2004-2005" dated |
1007 | March 31, 2004, and filed with the Clerk of the House of |
1008 | Representatives are incorporated by reference. Such performance |
1009 | measures and standards are directly linked to the appropriations |
1010 | made in the General Appropriations Act for fiscal year 2004- |
1011 | 2005, as required by the Government Performance and |
1012 | Accountability Act of 1994. State agencies are directed to |
1013 | revise their long-range program plans required under s. 216.013, |
1014 | Florida Statutes, to be consistent with these performance |
1015 | measures and standards. |
1016 | Section 33. If any law that is amended by this act was |
1017 | also amended by a law enacted at the 2004 Regular Session of the |
1018 | Legislature, such laws shall be construed as if they had been |
1019 | enacted during the same session of the Legislature, and full |
1020 | effect should be given to each if that is possible. |
1021 | Section 34. If any provision of this act or its |
1022 | application to any person or circumstance is held invalid, the |
1023 | invalidity does not affect other provisions or applications of |
1024 | the act which can be given effect without the invalid provision |
1025 | or application, and to this end the provisions of this act are |
1026 | severable. |
1027 | Section 35. Except as otherwise expressly provided in this |
1028 | act, this act shall take effect July 1, 2004; or, if this act |
1029 | fails to become a law until after that date, it shall take |
1030 | effect upon becoming a law and shall operate retroactively to |
1031 | July 1, 2004. |