HB 1837

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

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