Senate Bill sb2502

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2502

    By the Committee on Appropriations





    309-2331A-04

  1                      A bill to be entitled

  2         An act implementing the 2004-2005 General

  3         Appropriations Act; providing legislative

  4         intent; providing accounting requirements for

  5         the state universities for the 2004-2005 fiscal

  6         year; amending s. 216.292, F.S.; authorizing

  7         the Department of Children and Family Services

  8         to transfer funds within the family safety

  9         program; amending s. 381.0066, F.S.; continuing

10         the additional fee on new construction permits

11         for onsite sewage treatment and disposal

12         systems the proceeds of which are used for

13         system research, demonstration, and training

14         projects; amending s. 385.207, F.S.;

15         authorizing appropriation of funds in the

16         Epilepsy Services Trust Fund for epilepsy case

17         management services; amending s. 394.908, F.S.;

18         providing for substance abuse and mental health

19         funding equity as provided in the General

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

21         requiring specific authority for transfer of

22         funds by the Department of Children and Family

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

24         conditions for disbursement of funds

25         appropriated for brain and spinal cord injury

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

27         authorizing the Department of Law Enforcement

28         to transfer positions and associated budgets

29         and a certain percentage of salary rate between

30         budget entities and providing requirements with

31         respect thereto; amending s. 16.555, F.S.;

                                  1

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         authorizing use of the Crime Stoppers Trust

 2         Fund to pay for salaries and benefits and other

 3         expenses of the Department of Legal Affairs;

 4         amending s. 216.262, F.S.; providing for

 5         additional positions to operate additional

 6         prison bed capacity under certain

 7         circumstances; authorizing the Department of

 8         Law Enforcement to use certain moneys to

 9         provide bonuses to employees for meritorious

10         performance, subject to review; amending s.

11         287.161, F.S.; requiring the Department of

12         Management Services to charge all persons

13         receiving transportation from the executive

14         aircraft pool a specified rate; amending s.

15         110.12315, F.S.; providing copayment

16         requirements for the state employees'

17         prescription drug program; establishing the

18         rate of increase for legislative salaries;

19         providing for the budget of the Council for

20         Education Policy Research and Improvement to be

21         administered by the Auditor General; providing

22         that the council is otherwise independent;

23         authorizing the Executive Office of the

24         Governor to transfer funds between departments

25         for purposes of aligning amounts paid for risk

26         management premiums and for purposes of

27         aligning amounts paid for human resource

28         management services; amending s. 110.1239,

29         F.S.; providing requirements for the funding of

30         the state group health insurance program;

31         amending s. 112.061, F.S.; providing for

                                  2

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         computation of travel time and reimbursement

 2         for public officers' and employees' travel;

 3         amending s. 215.96, F.S.; requiring the

 4         Financial Management Information Board to

 5         provide certain policies, procedures, and

 6         processes for integration of central

 7         administrative and financial information

 8         systems; requiring a task force; specifying

 9         membership and responsibilities; requiring

10         recommendations on specific information systems

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

12         permitting the Florida Citrus Commission to

13         reduce certain statutory tax rates by majority

14         vote; directing the Department of Environmental

15         Protection to make specified awards of grant

16         moneys for pollution control purposes;

17         providing for an agreement between the

18         Department of Agriculture and Consumer Services

19         and the Department of Transportation for the

20         construction and operation of an agricultural

21         interdiction station in Escambia County;

22         amending s. 375.041, F.S.; providing for use of

23         funds allocated to the Land Acquisition Trust

24         Fund for water quality issues; amending s.

25         375.045, F.S.; providing for use of certain

26         moneys from the Florida Preservation 2000 Trust

27         Fund for the Florida Forever Trust Fund;

28         providing directives to the State Technology

29         Office with respect to information technology;

30         amending s. 373.4137, F.S.; providing for water

31         management districts to use specified funds in

                                  3

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         certain surface water improvement and

 2         management or invasive plant control projects;

 3         amending s. 718.501, F.S.; reducing the number

 4         of days for the Division of Florida Land Sales,

 5         Condominiums, and Mobile Homes of the

 6         Department of Business and Professional

 7         Regulation to acknowledge and investigate

 8         complaints; amending s. 320.08058, F.S.;

 9         authorizing proceeds from the Professional

10         Sports Development Trust Fund to be used for

11         operational expenses of the Florida Sports

12         Foundation and financial support of the

13         Sunshine State Games; amending s. 445.048,

14         F.S.; continuing and expanding the Passport to

15         Economic Progress demonstration project;

16         amending s. 27.701, F.S.; providing for a pilot

17         program using a registry of attorneys instead

18         of the capital collateral regional counsel in

19         the northern region of the state; requiring

20         certain qualification; requiring a report;

21         amending s. 27.709, F.S.; expanding the

22         jurisdiction of the Commission on Capital

23         Cases; amending s. 27.711, F.S.; providing for

24         compensation of counsel in the pilot program;

25         providing for limitations on such counsel;

26         amending s. 27.702, F.S.; requiring reports

27         from attorneys participating in the pilot

28         program; providing for continuity of health and

29         life insurance coverage of employees

30         transferring from county employment to

31         employment in the state courts system, the

                                  4

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         office of a state attorney, or the office of a

 2         public defender; providing responsibilities of

 3         former and new employers; providing for the

 4         effect of a veto of a specific appropriation or

 5         proviso to which implementing provisions refer;

 6         providing applicability to other legislation;

 7         incorporating by reference specified

 8         performance measures and standards directly

 9         linked to the appropriations made in the

10         2003-2004 General Appropriations Act, as

11         required by the Government Performance and

12         Accountability Act of 1994; providing for

13         severability; providing for retroactive

14         application; providing effective dates.

15  

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

17  

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

19  the implementing and administering provisions of this act

20  apply to the General Appropriations Act for fiscal year

21  2004-2005.

22         Section 2.  In order to implement Specific

23  Appropriations 13-18, 21, 23, 27B, and 156-165 of the

24  2004-2005 General Appropriations Act:

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

26  effective July 1, 2004, from the state accounting system

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

28  year 2004-2005 but is not required to provide funds to the

29  Department of Financial Services for its utilization.

30         (2)  Notwithstanding the provisions of sections

31  216.181, 216.292, and 1011.4105, Florida Statutes, and

                                  5

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  pursuant to section 216.351, Florida Statutes, funds

 2  appropriated or reappropriated to the state universities in

 3  the 2004-2005 General Appropriations Act, or any other act

 4  passed by the 2004 Legislature containing appropriations,

 5  shall be distributed to each university according to the

 6  2004-2005 fiscal year operating budget approved by the

 7  university board of trustees. Each university board of

 8  trustees shall have authority to amend the operating budget as

 9  circumstances warrant. The operating budget may utilize

10  traditional appropriation categories or it may consolidate the

11  appropriations into a special category appropriation account.

12  The Chief Financial Officer, upon the request of the

13  university board of trustees, shall record by journal transfer

14  the distribution of the appropriated funds and releases

15  according to the approved operating budget to the

16  appropriation accounts established for disbursement purposes

17  for each university within the state accounting system

18  (FLAIR).

19         (3)  Notwithstanding the provisions of sections

20  216.181, 216.292, and 1011.4105, Florida Statutes, and

21  pursuant to section 216.351, Florida Statutes, each university

22  board of trustees shall include in an approved operating

23  budget the revenue in trust funds supported by student and

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

25  Grants, and Donations, Auxiliary Enterprises, and Sponsored

26  Research budget entities. The university board of trustees

27  shall have the authority to amend the operating budget as

28  circumstances warrant. The operating budget may utilize

29  traditional appropriation categories or it may consolidate the

30  trust fund spending authority into a special category

31  appropriation account. The Chief Financial Officer, upon the

                                  6

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

 2  distribution of the trust fund spending authority and releases

 3  according to the approved operating budget to the

 4  appropriation accounts established for disbursement purposes

 5  for each university within the state accounting system

 6  (FLAIR).

 7         (4)  Notwithstanding those provisions of sections

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

 9  inconsistent with the provisions of this subsection and

10  pursuant to section 216.351, Florida Statutes, fixed capital

11  outlay funds appropriated or reappropriated in the 2004-2005

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

13  2004 Legislature containing fixed capital outlay

14  appropriations, for universities that have made the

15  transition, effective July 1, 2004, from the state accounting

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

17  Education and shall be distributed to the universities as

18  needed for projects based upon estimated invoices to be paid

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

20  For undisbursed fixed capital outlay appropriations from prior

21  fiscal years for universities that have made the transition,

22  effective July 1, 2004, from the state accounting system

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

24  Financial Officer shall have authority to transfer such

25  undisbursed fixed capital outlay appropriations into

26  appropriations under the Department of Education for

27  distribution to the universities as needed for projects based

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

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

30  outlay appropriations shall be consistent with legislative

31  policy and intent.

                                  7

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (5)  This section expires July 1, 2005.

 2         Section 3.  In order to implement Specific

 3  Appropriations 303, 306, and 308 of the 2004-2005 General

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

 5  Florida Statutes, is amended to read:

 6         216.292  Appropriations nontransferable; exceptions.--

 7         (12)  For the 2004-2005 2003-2004 fiscal year only and

 8  notwithstanding the other provisions of this section, the

 9  Department of Children and Family Services may transfer funds

10  within the family safety program identified in the General

11  Appropriations Act from identical funding sources between the

12  following appropriation categories without limitation as long

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

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

15  the subsequent fiscal year: adoption services and subsidy;

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

17  must be consistent with legislative policy and intent and must

18  not adversely affect achievement of approved performance

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

20  proposed transfers under this authority must be provided to

21  the Executive Office of the Governor and the chairs of the

22  legislative appropriations committees at least 5 working days

23  before their implementation. This subsection expires July 1,

24  2005 2004.

25         Section 4.  In order to implement Specific

26  Appropriation 545 of the 2004-2005 General Appropriations Act,

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

28  Statutes, is amended to read:

29         381.0066  Onsite sewage treatment and disposal systems;

30  fees.--

31  

                                  8

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

 2  apply until changed by rule by the department within the

 3  following limits:

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

 5  each new system construction permit issued during fiscal years

 6  1996-2005 1996-2004 to be used for onsite sewage treatment and

 7  disposal system research, demonstration, and training

 8  projects. Five dollars from any repair permit fee collected

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

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

11  

12  The funds collected pursuant to this subsection must be

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

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

15  381.0065 and 381.00655.

16         Section 5.  In order to implement Specific

17  Appropriation 510 of the 2004-2005 General Appropriations Act,

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

19  amended to read:

20         385.207  Care and assistance of persons with epilepsy;

21  establishment of programs in epilepsy control.--

22         (6)  For the 2004-2005 2003-2004 fiscal year only,

23  funds in the Epilepsy Services Trust Fund may be appropriated

24  for epilepsy case management services. This subsection expires

25  July 1, 2005 2004.

26         Section 6.  In order to implement Specific

27  Appropriations 356-388 of the 2004-2005 General Appropriations

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

29  amended to read:

30         394.908  Substance abuse and mental health funding

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

                                  9

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  historical inequity among service districts of the former

 2  Department of Health and Rehabilitative Services in the

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

 4  order to rectify this inequity and provide for equitable

 5  funding in the future throughout the state, the following

 6  funding process shall be adhered to:

 7         (8)  For fiscal year 2004-2005 2003-2004 only, and

 8  notwithstanding the provisions of this section, all new funds

 9  received in excess of fiscal year 2003-2004 2002-2003

10  recurring appropriations shall be allocated in accordance with

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

12  district shall receive an allocation of recurring funds less

13  than its initial approved operating budget, plus any

14  distributions of lump sum appropriations or reductions in

15  unfunded budget, for fiscal year 2003-2004 2002-2003. This

16  subsection expires July 1, 2005 2004.

17         Section 7.  In order to implement Specific

18  Appropriation 275 of the 2004-2005 General Appropriations Act,

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

20  Statutes, is amended to read:

21         20.19  Department of Children and Family

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

23  Family Services.

24         (5)  SERVICE DISTRICTS.--

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

26  administrator for each of the service districts.  The district

27  administrator shall serve at the pleasure of the secretary and

28  shall perform such duties as assigned by the secretary.

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

30  include transferring up to 10 percent of the total district

31  

                                  10

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  budget, the provisions of ss. 216.292 and 216.351

 2  notwithstanding.

 3         2.  For the 2004-2005 2003-2004 fiscal year only, the

 4  transfer authority provided in this subsection must be

 5  specifically appropriated in the 2004-2005 2003-2004 General

 6  Appropriations Act and shall be pursuant to the requirements

 7  of s. 216.292. This subparagraph expires July 1, 2005 2004.

 8         Section 8.  In order to implement Specific

 9  Appropriation 588AB of the 2004-2005 General Appropriations

10  Act, subsection (7) of section 381.79, Florida Statutes, is

11  amended to read:

12         381.79  Brain and Spinal Cord Injury Program Trust

13  Fund.--

14         (7)  For the 2004-2005 2003-2004 fiscal year and

15  notwithstanding the provisions of this section, the department

16  shall disburse all funds appropriated for brain and spinal

17  cord injury research in Specific Appropriation 588AB 598A of

18  the 2004-2005 2003-2004 General Appropriations Act in equal

19  payments at the end of each quarter. This subsection expires

20  July 1, 2005 2004.

21         Section 9.  In order to implement Specific

22  Appropriations 1142-1208M of the 2004-2005 General

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

24  Florida Statutes, is amended to read:

25         216.181  Approved budgets for operations and fixed

26  capital outlay.--

27         (17)  Notwithstanding any other provision of this

28  section to the contrary, and for the 2004-2005 2003-2004

29  fiscal year only, the Department of Law Enforcement may

30  transfer up to 20 positions and associated budget between

31  budget entities, provided the same funding source is used

                                  11

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  throughout each transfer. The department may also transfer up

 2  to 10 percent of the initial approved salary rate between

 3  budget entities, provided the same funding source is used

 4  throughout each transfer. The department must provide notice

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

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

 7  on Criminal Justice Appropriations for all transfers of

 8  positions or salary rate. This subsection expires July 1, 2005

 9  2004.

10         Section 10.  In order to implement Specific

11  Appropriation 1232 of the 2004-2005 General Appropriations

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

13  Florida Statutes, is amended to read:

14         16.555  Crime Stoppers Trust Fund; rulemaking.--

15         (3)

16         (b)  For the 2004-2005 2003-2004 state fiscal year

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

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

19  salaries and benefits and other expenses of the department.

20  This paragraph expires July 1, 2005 2004.

21         Section 11.  In order to implement Specific

22  Appropriations 655-751 and 781-794 of the 2004-2005 General

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

24  Statutes, is amended to read:

25         216.262  Authorized positions.--

26         (4)  Notwithstanding the provisions of this chapter on

27  increasing the number of authorized positions, and for the

28  2004-2005 2003-2004 fiscal year only, if the actual inmate

29  population of the Department of Corrections exceeds the inmate

30  population projections of the July 9, 2003, Criminal Justice

31  Estimating Conference by 1 percent for 2 consecutive months or

                                  12

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  2 percent for any month, the Executive Office of the Governor

 2  shall immediately notify the Criminal Justice Estimating

 3  Conference, which shall convene as soon as possible to revise

 4  the estimates. The Department of Corrections may then submit a

 5  budget amendment requesting the establishment of positions in

 6  excess of the number authorized by the Legislature and

 7  additional appropriations from the General Revenue Fund or the

 8  Working Capital Fund sufficient to provide for essential staff

 9  and other resources to provide classification, security, food

10  services, health services, and other variable expenses within

11  the institutions to accommodate the estimated increase in the

12  inmate population. All actions taken pursuant to the authority

13  granted in this subsection shall be subject to review and

14  approval by the Legislative Budget Commission. This subsection

15  expires July 1, 2005 2004.

16         Section 12.  Consistent with the provisions of section

17  216.163, Florida Statutes, in accordance with

18  performance-based program budgeting requirements, and

19  notwithstanding the provisions of section 216.181, Florida

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

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

22  1142, 1167, 1176, 1183, 1195B, 1195D, 1196, 1202, 1208B, and

23  1208G of the 2004-2005 General Appropriations Act for salary

24  bonuses for departmental employees at the discretion of the

25  executive director, provided that such bonuses are given only

26  to selected employees for meritorious performance, instead of

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

28  department, after consultation with the Executive Office of

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

30  legislative appropriations committees responsible for

31  

                                  13

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  producing the General Appropriations Act for review before

 2  awarding such bonuses. This section expires July 1, 2005.

 3         Section 13.  In order to implement Specific

 4  Appropriation 2068 of the 2004-2005 General Appropriations

 5  Act, subsection (4) of section 287.161, Florida Statutes, is

 6  amended to read:

 7         287.161  Executive aircraft pool; assignment of

 8  aircraft; charge for transportation.--

 9         (4)  Notwithstanding the requirements of subsections

10  (2) and (3) and for the 2004-2005 2003-2004 fiscal year only,

11  the Department of Management Services shall charge all persons

12  receiving transportation from the executive aircraft pool a

13  rate not less than the mileage allowance fixed by the

14  Legislature for the use of privately owned vehicles. Fees

15  collected for persons traveling by aircraft in the executive

16  aircraft pool shall be deposited into the Bureau of Aircraft

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

18  the aircraft management activities of the department. It is

19  the intent of the Legislature that the executive aircraft pool

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

21  funds. This subsection expires July 1, 2005 2004.

22         Section 14.  In order to implement Section 8 of the

23  2004-2005 General Appropriations Act, subsection (7) of

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

25         110.12315  Prescription drug program.--The state

26  employees' prescription drug program is established.  This

27  program shall be administered by the Department of Management

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

29  established by the relevant provisions of the annual General

30  Appropriations Act and implementing legislation, subject to

31  the following conditions:

                                  14

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (7)  Under the state employees' prescription drug

 2  program copayments must be made as follows:

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

 4  2003:

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

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

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

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

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

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

11         (a)(b)  Effective January 1, 2004:

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

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

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

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

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

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

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

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

20  administration of the state employees' prescription drug

21  program.

22  

23  This subsection expires July 1, 2005 2004.

24         Section 15.  In order to implement Specific

25  Appropriations 2573 and 2574 of the 2004-2005 General

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

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

28  the Senate and the House of Representatives shall not be

29  calculated according to that paragraph; instead, the annual

30  salaries of these members for the 2003-2004 fiscal year shall

31  

                                  15

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  not be increased for the 2004-2005 fiscal year. This section

 2  expires June 30, 2005.

 3         Section 16.  In order to implement Specific

 4  Appropriation 2589 of the 2004-2005 General Appropriations

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

 6  provisions of section 1008.51, Florida Statutes, the budget

 7  for the Council for Education Policy Research and Improvement

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

 9  Council for Education Policy Research and Improvement shall

10  remain independent of the Auditor General for all programmatic

11  purposes, serving as a citizen board for conducting and

12  reviewing education research, providing independent analysis

13  on education progress, and providing independent evaluation of

14  education issues of statewide concern, as prescribed in

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

16  Council for Education Policy Research and Improvement are

17  advisory in nature. This section expires July 1, 2005.

18         Section 17.  In order to implement the appropriation of

19  funds in Special Categories-Risk Management Insurance of the

20  2004-2005 General Appropriations Act, and pursuant to the

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

22  Florida Statutes, the Executive Office of the Governor is

23  authorized to transfer funds appropriated in the appropriation

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

25  2004-2005 General Appropriations Act between departments in

26  order to align the budget authority granted with the premiums

27  paid by each department for risk management insurance. This

28  section expires July 1, 2005.

29         Section 18.  In order to implement the appropriation of

30  funds in Special Categories-Transfer to Department of

31  Management Services-Human Resources Services Purchased Per

                                  16

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  Statewide Contract of the 2004-2005 General Appropriations

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

 3  procedures of section 216.177, Florida Statutes, the Executive

 4  Office of the Governor is authorized to transfer funds

 5  appropriated in the appropriation category "Special

 6  Categories-Transfer to Department of Management Services-Human

 7  Resources Services Purchased Per Statewide Contract" of the

 8  2004-2005 General Appropriations Act between departments in

 9  order to align the budget authority granted with the

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

11  of Management Services for human resource management services.

12  This section expires July 1, 2005.

13         Section 19.  In order to implement Section 8 of the

14  2004-2005 General Appropriations Act, section 110.1239,

15  Florida Statutes, is amended to read:

16         110.1239  State group health insurance program

17  funding.--For the 2004-2005 2003-2004 fiscal year only, it is

18  the intent of the Legislature that the state group health

19  insurance program be managed, administered, operated, and

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

21  employee health insurance benefits. Inherent in this intent is

22  the recognition that the health insurance liabilities

23  attributable to the benefits offered state employees should be

24  fairly, orderly, and equitably funded. Accordingly:

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

26  necessary to fully fund the state group health insurance

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

28  made after each Self-Insurance Estimating Conference as

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

30  April 1 of each fiscal year.

31  

                                  17

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

 2  budget, shall provide premium rates necessary for full funding

 3  of the state group health insurance program, and the

 4  Legislature shall provide in the General Appropriations Act

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

 6  group health insurance program.

 7         (3)  For purposes of funding, any additional

 8  appropriation amounts allocated to the state group health

 9  insurance program by the Legislature shall be considered as a

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

11         (4)  This section expires July 1, 2005 2004.

12         Section 20.  In order to implement Sections 2-7 of the

13  2004-2005 General Appropriations Act, paragraph (c) of

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

15  112.061, Florida Statutes, are amended to read:

16         112.061  Per diem and travel expenses of public

17  officers, employees, and authorized persons.--

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

19  purposes of reimbursement and methods of calculating

20  fractional days of travel, the following principles are

21  prescribed:

22         (c)  For the 2004-2005 2003-2004 fiscal year only and

23  notwithstanding the other provisions of this subsection, for

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

25  per diem basis nor shall a traveler receive subsistence

26  allowance. This paragraph expires July 1, 2005 2004.

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

28  purposes of reimbursement rates and methods of calculation,

29  per diem and subsistence allowances are divided into the

30  following groups and rates:

31  

                                  18

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (d)  For the 2004-2005 2003-2004 fiscal year only and

 2  notwithstanding the other provisions of this subsection, for

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

 4  per diem basis nor shall a traveler receive subsistence

 5  allowance. This paragraph expires July 1, 2005 2004.

 6         Section 21.  In order to implement Specific

 7  Appropriation 2321 of the 2004-2005 General Appropriations

 8  Act, subsection (4) of section 215.96, Florida Statutes, is

 9  amended to read:

10         215.96  Coordinating council and design and

11  coordination staff.--

12         (4)  The Financial Management Information Board,

13  through the coordinating council, shall provide the necessary

14  planning, implementation, and integration policies,

15  coordination procedures, and reporting processes to facilitate

16  the successful and efficient integration of the central

17  administrative and financial management information systems,

18  including the Florida Accounting Information Resource system

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

20  replacement project, the payroll system in the Department of

21  Financial Services, the Legislative Appropriations

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

23  Purchasing System (SPURS) and MyFlorida Marketplace project,

24  the Cooperative Personnel Employment Subsystem (COPES) and the

25  PeopleFirst Outsourcing project, and the State Unified Tax

26  system (SUNTAX).

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

28  shall establish an Enterprise Resource Planning Integration

29  Task Force, which shall consist of the coordinating council

30  members plus the Chief Information Officer in the State

31  Technology Office and the Executive Director or designee in

                                  19

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

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

 3  coordinating council shall be nonvoting members of the task

 4  force.

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

 6  2003, and shall remain in existence until the integration

 7  goals have been achieved among the FLAIR/CMS Replacement

 8  project, SPURS and MyFlorida Marketplace project, COPES and

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

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

11  force shall hold its initial meeting no later than September

12  1, 2003, and shall meet at the call of the chair or at least

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

14  shall:

15         1.  Adopt a task force charter that identifies major

16  objectives, activities, milestones and deliverables,

17  significant assumptions, and constraints on the task force

18  functions and major stakeholder groups interested in the

19  outcome of the task force.

20         2.  Consider and adopt processes by which information

21  will be collected and business process and technical

22  integration issues will be raised for analysis and

23  recommendation by the task force.

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

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

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

27         (c)  The coordinating council shall provide

28  administrative and technical support to the task force as is

29  reasonably necessary for the task force to effectively and

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

31  providing such support may be paid from funds appropriated for

                                  20

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

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

 3  obtain specific expertise to analyze, facilitate, and

 4  formulate recommendations to address process and technical

 5  integration problems that need to be resolved.

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

 7  stakeholders responsible for the FLAIR/CMS Replacement

 8  project, SPURS and MyFlorida Marketplace project, COPES and

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

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

11  but not be limited to:

12         1.  Identifying and documenting central administrative

13  and financial management policies, procedures, and processes

14  that need to be integrated and recommending steps for

15  implementation.

16         2.  Collecting information from the subsystem owners

17  and project teams and developing and publishing a consolidated

18  list of enterprise resource planning functional and technical

19  integration requirements.

20         3.  Publishing integration plans and timelines based on

21  information collected from task force members.

22         4.  Forming committees, workgroups, and teams as

23  provided in subsection (3).

24         5.  Developing recommendations for the Financial

25  Management Information Board which clearly describe any

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

27  options for resolving the problem, and the recommended

28  actions.

29         6.  Developing and implementing plans for reporting

30  status of integration efforts.

31  

                                  21

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (e)  The task force shall provide recommendations to

 2  the Financial Management Information Board for review and

 3  approval regarding the technical, procedural, policy, and

 4  process requirements and changes that are needed to

 5  successfully integrate, implement, and realize the benefits of

 6  the enterprise resource planning initiatives associated with

 7  the FLAIR/CMS Replacement project, SPURS and MyFlorida

 8  Marketplace project, COPES and PeopleFirst project, payroll

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

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

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

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

13  MyFlorida Marketplace project, COPES and PeopleFirst project,

14  payroll system, LAS/PBS, and SUNTAX system, in implementing

15  the process and technical integration requirements and changes

16  approved by the Financial Management Information Board and in

17  achieving the necessary integration among the central

18  administrative and financial management information systems

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

20  and submit quarterly reports to the Executive Office of the

21  Governor, the chairs of the Senate Appropriations Committee

22  and the House Appropriations Committee, and the Financial

23  Management Information Board. Each quarterly report shall

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

25  process requirements and changes proposed and adopted by the

26  board and shall describe the status of the implementation of

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

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

29  costs related to the Enterprise Resource Planning Integration

30  Task Force.

31  

                                  22

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

 2  until it is disbanded, the Enterprise Resource Planning

 3  Integration Task Force shall report to the Financial

 4  Management Information Board, the Speaker of the House of

 5  Representatives, and the President of the Senate the results

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

 7  enterprise resource planning integration activities and

 8  requirements, and any recommendations for statutory changes to

 9  be considered by the Legislature.

10         (h)  This subsection expires July 1, 2005 2004.

11         Section 22.  In order to implement Specific

12  Appropriation 2275 of the 2004-2005 General Appropriations

13  Act, paragraph (f) of subsection (3) of section 601.15,

14  Florida Statutes, is amended to read:

15         601.15  Advertising campaign; methods of conducting;

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

17         (3)

18         (f)  For the 2004-2005 2003-2004 fiscal year only and

19  notwithstanding the provisions of this section paragraph (e),

20  the commission, upon a majority vote, may reduce, for the

21  current or future citrus season, the tax rates specified in

22  this subsection. This paragraph expires July 1, 2005 2004.

23         Section 23.  Notwithstanding the provisions of section

24  403.7095, Florida Statutes, in order to implement Specific

25  Appropriation 1741 of the 2004-2005 General Appropriations

26  Act, the Department of Environmental Protection shall award:

27         (1)  $6,500,000 in grants equally to counties with

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

29  prevention, recycling and education, and general solid waste

30  programs.

31  

                                  23

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (2)  $2,939,999 in waste tire grants to counties, on a

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

 3         (3)  $1,347,570 in competitive innovative grants to

 4  cities and counties on the prioritized list of projects

 5  submitted by the Department of Environmental Protection to the

 6  Legislature.

 7         Section 24.  In order to implement Specific

 8  Appropriation 1403 of the 2004-2005 General Appropriations Act

 9  and notwithstanding any provision of chapter 287 or chapter

10  337, Florida Statutes, from the funds appropriated to the

11  Department of Agriculture and Consumer Services for the

12  2002-2003, 2003-2004, and 2004-2005 fiscal years for the

13  purpose of constructing and operating an agricultural

14  interdiction station on Interstate 10 in Escambia County, the

15  Department of Agriculture and Consumer Services shall enter

16  into an agreement with the Department of Transportation

17  wherein the Department of Transportation, on behalf of the

18  Department of Agriculture and Consumer Services, shall proceed

19  with the construction of the station under the authority

20  established in chapter 337, Florida Statutes. The Department

21  of Agriculture and Consumer Services shall be authorized to

22  execute all contracts resulting from such Department of

23  Transportation selection of contractors in compliance with

24  chapter 337, Florida Statutes. This section expires July 1,

25  2005.

26         Section 25.  In order to implement Specific

27  Appropriation 1684 of the 2004-2005 General Appropriations

28  Act, subsection (6) is added to section 375.041, Florida

29  Statutes, to read:

30         375.041  Land Acquisition Trust Fund.--

31  

                                  24

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         (6)  For the 2004-2005 fiscal year only, funds

 2  allocated to the Land Acquisition Trust Fund may also be

 3  appropriated for water quality issues in the General

 4  Appropriations Act. This subsection expires July 1, 2005.

 5         Section 26.  In order to implement Specific

 6  Appropriation 1584A of the 2004-2005 General Appropriations

 7  Act, subsection (5) is added to section 375.045, Florida

 8  Statutes, to read:

 9         375.045  Florida Preservation 2000 Trust Fund.--

10         (5)  For the 2004-2005 fiscal year only, any

11  unobligated moneys in the Florida Preservation 2000 Trust Fund

12  resulting from interest earnings and from reversions of prior

13  appropriations to any agency may be appropriated to the

14  Florida Forever Trust Fund for use pursuant to s. 259.1051.

15  This subsection expires July 1, 2005.

16  

17  Upon a determination by the Department of Environmental

18  Protection that proceeds being held in the trust fund to

19  support distributions outside the Department of Environmental

20  Protection are not likely to be disbursed in accordance with

21  the foregoing considerations, the Department of Environmental

22  Protection shall petition the Governor and Cabinet to allow

23  for the immediate disbursement of such funds for the

24  acquisition of projects approved for purchase pursuant to the

25  provisions of chapter 259.

26         Section 27.  In order to implement Specific

27  Appropriations 2652-2654 of the 2004-2005 General

28  Appropriations Act and for the 2004-2005 fiscal year only, the

29  State Technology Office is directed to implement the

30  provisions of subsection (2) of section 282.102, Florida

31  Statutes, related to rulemaking on best practices for

                                  25

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  acquiring, using, upgrading, modifying, replacing, or

 2  disposing of information technology, no later than December

 3  31, 2004. The State Technology Office is further directed to

 4  include in the agency and state information technology

 5  resource inventory lists required by sections 282.3063(2)(f)

 6  and 282.310(2)(g), Florida Statutes, the methods used for

 7  final disposition of the resources. This section expires July

 8  1, 2005.

 9         Section 28.  In order to implement Specific

10  Appropriations 1677-1703 of the 2004-2005 General

11  Appropriations Act, paragraph (c) of subsection (4) of section

12  373.4137, Florida Statutes, is amended to read:

13         373.4137  Mitigation requirements.--

14         (4)  Prior to December 1 of each year, each water

15  management district, in consultation with the Department of

16  Environmental Protection, the United States Army Corps of

17  Engineers, the Department of Transportation, transportation

18  authorities established pursuant to chapter 348 or chapter

19  349, and other appropriate federal, state, and local

20  governments, and other interested parties, including entities

21  operating mitigation banks, shall develop a plan for the

22  primary purpose of complying with the mitigation requirements

23  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan

24  shall also address significant invasive plant problems within

25  wetlands and other surface waters. In developing such plans,

26  the districts shall utilize sound ecosystem management

27  practices to address significant water resource needs and

28  shall focus on activities of the Department of Environmental

29  Protection and the water management districts, such as surface

30  water improvement and management (SWIM) waterbodies and lands

31  identified for potential acquisition for preservation,

                                  26

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  restoration, and enhancement, to the extent that such

 2  activities comply with the mitigation requirements adopted

 3  under this part and 33 U.S.C. s. 1344. In determining the

 4  activities to be included in such plans, the districts shall

 5  also consider the purchase of credits from public or private

 6  mitigation banks permitted under s. 373.4136 and associated

 7  federal authorization and shall include such purchase as a

 8  part of the mitigation plan when such purchase would offset

 9  the impact of the transportation project, provide equal

10  benefits to the water resources than other mitigation options

11  being considered, and provide the most cost-effective

12  mitigation option. The mitigation plan shall be preliminarily

13  approved by the water management district governing board and

14  shall be submitted to the secretary of the Department of

15  Environmental Protection for review and final approval. The

16  preliminary approval by the water management district

17  governing board does not constitute a decision that affects

18  substantial interests as provided by s. 120.569. At least 30

19  days prior to preliminary approval, the water management

20  district shall provide a copy of the draft mitigation plan to

21  any person who has requested a copy.

22         (c)  Surface water improvement and management or

23  invasive plant control projects undertaken using the $12

24  million advance transferred from the Department of

25  Transportation to the Department of Environmental Protection

26  in fiscal year 1996-1997 which meet the requirements for

27  mitigation under this part and 33 U.S.C. s. 1344 shall remain

28  available for mitigation until the $12 million is fully

29  credited up to and including fiscal year 2005-2006 2004-2005.

30  When these projects are used as mitigation, the $12 million

31  advance shall be reduced by $75,000 per acre of impact

                                  27

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  mitigated. For any fiscal year through and including fiscal

 2  year 2005-2006 2004-2005, to the extent the cost of developing

 3  and implementing the mitigation plans is less than the amount

 4  transferred pursuant to subsection (3), the difference shall

 5  be credited towards the $12 million advance. Except as

 6  provided in this paragraph, any funds not directed to

 7  implement the mitigation plan should, to the greatest extent

 8  possible, be directed to fund invasive plant control within

 9  wetlands and other surface waters.

10         Section 29.  In order to implement Specific

11  Appropriations 2236, 2238, and 2239 of the 2004-2005 General

12  Appropriations Act, paragraph (m) of subsection (1) of section

13  718.501, Florida Statutes, is amended to read:

14         718.501  Powers and duties of Division of Florida Land

15  Sales, Condominiums, and Mobile Homes.--

16         (1)  The Division of Florida Land Sales, Condominiums,

17  and Mobile Homes of the Department of Business and

18  Professional Regulation, referred to as the "division" in this

19  part, in addition to other powers and duties prescribed by

20  chapter 498, has the power to enforce and ensure compliance

21  with the provisions of this chapter and rules promulgated

22  pursuant hereto relating to the development, construction,

23  sale, lease, ownership, operation, and management of

24  residential condominium units. In performing its duties, the

25  division has the following powers and duties:

26         (m)1.  When a complaint is made, the division shall

27  conduct its inquiry with due regard to the interests of the

28  affected parties. Within 30 days after receipt of a complaint,

29  the division shall acknowledge the complaint in writing and

30  notify the complainant whether the complaint is within the

31  jurisdiction of the division and whether additional

                                  28

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  information is needed by the division from the complainant.

 2  The division shall conduct its investigation and shall, within

 3  90 days after receipt of the original complaint or of timely

 4  requested additional information, take action upon the

 5  complaint. However, the failure to complete the investigation

 6  within 90 days does not prevent the division from continuing

 7  the investigation, accepting or considering evidence obtained

 8  or received after 90 days, or taking administrative action if

 9  reasonable cause exists to believe that a violation of this

10  chapter or a rule of the division has occurred. If an

11  investigation is not completed within the time limits

12  established in this paragraph, the division shall, on a

13  monthly basis, notify the complainant in writing of the status

14  of the investigation. When reporting its action to the

15  complainant, the division shall inform the complainant of any

16  right to a hearing pursuant to ss. 120.569 and 120.57.

17         2.  For the 2004-2005 fiscal year only, and

18  notwithstanding the provisions of subparagraph 1., when a

19  complaint is made, the division shall conduct its inquiry with

20  due regard to the interests of the affected parties. Within 15

21  days after receipt of a complaint, the division shall

22  acknowledge the complaint in writing and notify the

23  complainant whether the complaint is within the jurisdiction

24  of the division and whether additional information is needed

25  by the division from the complainant. The division shall

26  conduct its investigation and shall, within 30 days after

27  receipt of the original complaint or of timely requested

28  additional information, take action upon the complaint.

29  However, the failure to complete the investigation within 30

30  days does not prevent the division from continuing the

31  investigation, accepting or considering evidence obtained or

                                  29

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  received after 30 days, or taking administrative action if

 2  reasonable cause exists to believe that a violation of this

 3  chapter or a rule of the division has occurred. If an

 4  investigation is not completed within the time limits

 5  established in this subparagraph, the division shall, on a

 6  monthly basis, notify the complainant in writing of the status

 7  of the investigation. When reporting its action to the

 8  complainant, the division shall inform the complainant of any

 9  right to a hearing pursuant to ss. 120.569 and 120.57. This

10  subparagraph expires July 1, 2005.

11         Section 30.  In order to implement Specific

12  Appropriation 2480L of the 2004-2005 General Appropriations

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

14  Florida Statutes, is amended to read:

15         320.08058  Specialty license plates.--

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

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

18  annually distributed as follows:

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

20  Professional Sports Team plate must be deposited into the

21  Professional Sports Development Trust Fund within the Office

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

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

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

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

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

27  Basketball Association, the National Football League, the

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

29  Collegiate Athletic Association Final Four basketball

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

31  funds must be used to support and promote major sporting

                                  30

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




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

 2  Foundation.

 3         2.  The remaining proceeds of the Florida Professional

 4  Sports Team license plate must be allocated to the Florida

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

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

 7  be deposited into the Professional Sports Development Trust

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

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

10  Foundation to promote the economic development of the sports

11  industry; to distribute licensing and royalty fees to

12  participating professional sports teams; to institute a grant

13  program for communities bidding on minor sporting events that

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

15  to Florida-based charities designated by the Florida Sports

16  Foundation and the participating professional sports teams;

17  and to fulfill the sports promotion responsibilities of the

18  Office of Tourism, Trade, and Economic Development.

19         3.  The Florida Sports Foundation shall provide an

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

21  financial accounts and records by an independent certified

22  public accountant pursuant to the contract established by the

23  Office of Tourism, Trade, and Economic Development as

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

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

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

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

28  Auditor General for review.

29         4.  For the 2004-2005 2003-2004 fiscal year only and

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

31  proceeds from the Professional Sports Development Trust Fund

                                  31

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  may also be used for operational expenses of the Florida

 2  Sports Foundation and financial support of the Sunshine State

 3  Games. This subparagraph expires July 1, 2005 2004.

 4         Section 31.  In order to implement Specific

 5  Appropriation 2100 of the 2004-2005 General Appropriations

 6  Act, section 445.048, Florida Statutes, as amended by section

 7  79 of chapter 2003-399, Laws of Florida, is amended to read:

 8         445.048  Passport to Economic Progress demonstration

 9  program.--

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

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

12  Department of Children and Family Services and the Agency for

13  Workforce Innovation, shall implement a Passport to Economic

14  Progress demonstration program by November 1, 2001, consistent

15  with the provisions of this section in Hillsborough, and

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

17  consult with the applicable regional workforce boards and the

18  applicable local offices of the department which serve the

19  demonstration areas and must encourage community input into

20  the implementation process.

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

22  consultation with the Department of Children and Family

23  Services, finds that federal waivers would facilitate

24  implementation of the demonstration program, the department

25  shall immediately request such waivers, and Workforce Florida,

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

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

28  refusal of the federal government to grant such waivers

29  prevents the implementation of the demonstration program. If

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

31  provisions of the Food Stamp Program would facilitate

                                  32

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  implementation of the demonstration program, the Department of

 2  Children and Family Services shall immediately request such

 3  waivers in accordance with s. 414.175.

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

 5  additional incentive for employment, and notwithstanding the

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

 7  in the areas designated for this demonstration program, the

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

 9  shall be disregarded in determining eligibility for temporary

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

11  414.095(12) shall continue to apply to such individuals.

12         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

13  to assist them in making the transition to economic

14  self-sufficiency, former recipients of temporary cash

15  assistance residing within the areas designated for this

16  demonstration program shall be eligible for the following

17  benefits and services:

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

19  445.030, transitional education and training support services

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

21  is no longer receiving temporary cash assistance;

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

23  445.031, transitional transportation support services as

24  specified in s. 445.031 for up to 4 years after the family is

25  no longer receiving temporary cash assistance; and

26         (c)  Notwithstanding the time period specified in s.

27  445.032, transitional child care as specified in s. 445.032

28  for up to 4 years after the family is no longer receiving

29  temporary cash assistance.

30  

31  

                                  33

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  All other provisions of ss. 445.030, 445.031, and 445.032

 2  shall apply to such individuals, as appropriate. This

 3  subsection does not constitute an entitlement to transitional

 4  benefits and services. If funds are insufficient to provide

 5  benefits and services under this subsection, the board of

 6  directors of Workforce Florida, Inc., may limit such benefits

 7  and services or otherwise establish priorities for the

 8  provisions of such benefits and services.

 9         (4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--

10         (a)  The Legislature finds that:

11         1.  There are former recipients of temporary cash

12  assistance who are working full time but whose incomes are

13  below the poverty level.

14         2.  Having incomes below the federal poverty level

15  makes such individuals particularly vulnerable to reliance on

16  public assistance despite their best efforts to achieve or

17  maintain economic independence through employment.

18         3.  It is necessary to implement a performance-based

19  program that defines economic incentives for achieving

20  specific benchmarks toward self-sufficiency while the

21  individual is working full time.

22         (b)  Workforce Florida, Inc., in cooperation with the

23  Department of Children and Family Services and the Agency for

24  Workforce Innovation, shall offer performance-based incentive

25  bonuses as a component of the Passport to Economic Progress

26  demonstration program in the areas of the state which are

27  designated for the demonstration program. The bonuses do not

28  represent a program entitlement and shall be contingent on

29  achieving specific benchmarks prescribed in the

30  self-sufficiency plan. If the funds appropriated for this

31  purpose are insufficient to provide this financial incentive,

                                  34

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  the board of directors of Workforce Florida, Inc., shall

 2  reduce or suspend the bonuses in order not to exceed the

 3  appropriation.

 4         (5)  WAGE SUPPLEMENTATION.--

 5         (a)  The Legislature finds that:

 6         1.  There are former recipients of temporary cash

 7  assistance who are working full time but whose incomes are

 8  below the federal poverty level.

 9         2.  Having incomes below the federal poverty level

10  makes such individuals particularly vulnerable to reliance on

11  public assistance despite their best efforts to achieve or

12  maintain economic independence through employment.

13         3.  It is necessary to supplement the wages of such

14  individuals for a limited period of time in order to assist

15  them in fulfilling the transition to economic

16  self-sufficiency.

17         (b)  Workforce Florida, Inc., in cooperation with the

18  Department of Children and Family Services and the Agency for

19  Workforce Innovation, shall create a transitional wage

20  supplementation program by November 1, 2001, as a component of

21  the Passport to Economic Progress demonstration program in the

22  areas designated for the demonstration program. This wage

23  supplementation program does not constitute an entitlement to

24  wage supplementation. If funds appropriated are insufficient

25  to provide wage supplementation, the board of directors of

26  Workforce Florida, Inc., may limit wage supplementation or

27  otherwise establish priorities for wage supplementation.

28         (c)  To be eligible for an incentive bonus wage

29  supplementation under this subsection, an individual must:

30         1.  Be a former recipient of temporary cash assistance

31  who last received such assistance on or after January 1, 2000;

                                  35

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         2.  Be employed full time, which for the purposes of

 2  this subsection means employment averaging at least 32 hours

 3  per week, until the United States Congress enacts legislation

 4  reauthorizing the Temporary Assistance for Needy Families

 5  block grant and, after the reauthorization, means employment

 6  complying with the employment requirements of the reauthorized

 7  law; and

 8         3.  Have an average family income for the 6 months

 9  preceding the date of application for an incentive bonus wage

10  supplementation which is less than 150 100 percent of the

11  federal poverty level.

12         (d)  Workforce Florida, Inc., shall determine the

13  schedule for the payment of wage supplementation under this

14  subsection. An individual eligible for wage supplementation

15  under this subsection may receive a payment that equals the

16  amount necessary to bring the individual's total family income

17  for the period covered by the payment to 100 percent of the

18  federal poverty level. An individual may not receive wage

19  supplementation payments for more than a total of 12 months.

20         (e)  The wage supplementation program authorized by

21  this subsection shall be administered through the regional

22  workforce boards and the one-stop delivery system, under

23  policy guidelines, criteria, and applications developed by

24  Workforce Florida, Inc., in cooperation with the Department of

25  Children and Family Services and the Agency for Workforce

26  Innovation. To the maximum extent possible, the regional

27  workforce boards shall use electronic debit card technologies

28  to provide wage supplementation payments under this program.

29         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

30  Florida, Inc., in conjunction with the Department of Children

31  and Family Services, the Agency for Workforce Innovation, and

                                  36

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  the regional workforce boards in the areas designated for this

 2  demonstration program, shall conduct a comprehensive

 3  evaluation of the effectiveness of the demonstration program

 4  operated under this section. By January 1, 2005 2003,

 5  Workforce Florida, Inc., shall submit a report on such

 6  evaluation to the Governor, the President of the Senate, and

 7  the Speaker of the House of Representatives. The report must

 8  include recommendations as to whether the demonstration

 9  program should be expanded to other service areas or statewide

10  and whether the program should be revised to enhance its

11  administration or effectiveness.

12         (6)(7)  CONFLICTS.--If there is a conflict between the

13  implementation procedures described in this section and

14  federal requirements and regulations, federal requirements and

15  regulations shall control.

16         Section 32.  The amendment of section 445.048, Florida

17  Statutes, by this act shall expire on July 1, 2005, and the

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

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

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

21  operate to the extent that such amendments are not dependent

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

23  provisions of this act.

24         Section 33.  In order to implement Specific

25  Appropriation 831 of the 2004-2005 General Appropriations Act,

26  section 27.701, Florida Statutes, is amended to read:

27         27.701  Capital collateral regional counsels.--

28         (1)  There are created three regional offices of

29  capital collateral counsel, which shall be located in a

30  northern, middle, and southern region of the state. The

31  northern region shall consist of the First, Second, Third,

                                  37

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  Fourth, Eighth, and Fourteenth Judicial Circuits; the middle

 2  region shall consist of the Fifth, Sixth, Seventh, Ninth,

 3  Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits;

 4  and the southern region shall consist of the Eleventh,

 5  Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth

 6  Judicial Circuits.  Each regional office shall be administered

 7  by a regional counsel. A regional counsel must be, and must

 8  have been for the preceding 5 years, a member in good standing

 9  of The Florida Bar or a similar organization in another state.

10  Each capital collateral regional counsel shall be appointed by

11  the Governor, and is subject to confirmation by the Senate.

12  The Supreme Court Judicial Nominating Commission shall

13  recommend to the Governor three qualified candidates for each

14  appointment as regional counsel. The Governor shall appoint a

15  regional counsel for each region from among the

16  recommendations, or, if it is in the best interest of the fair

17  administration of justice in capital cases, the Governor may

18  reject the nominations and request submission of three new

19  nominees by the Supreme Court Judicial Nominating Commission.

20  Each capital collateral regional counsel shall be appointed to

21  a term of 3 years. Vacancies in the office of capital

22  collateral regional counsel shall be filled in the same manner

23  as appointments. A person appointed as a regional counsel may

24  not run for or accept appointment to any state office for 2

25  years following vacation of office.

26         (2)  For the 2004-2005 2003-2004 fiscal year only and

27  notwithstanding the provisions of subsection (1), the

28  responsibilities of the regional office of capital collateral

29  counsel for the northern region of the state shall be met

30  through a pilot program using only attorneys from the registry

31  of attorneys maintained pursuant to s. 27.710. Each attorney

                                  38

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  participating in the pilot must be qualified to provide

 2  representation in federal court. The Auditor General shall

 3  present a status report on the implementation of the pilot

 4  program to the President of the Senate and the Speaker of the

 5  House of Representatives by February 27, 2004. The Auditor

 6  General shall also schedule a performance review of the pilot

 7  program to determine the effectiveness and efficiency of using

 8  attorneys from the registry compared to the capital collateral

 9  regional counsels. The review, at a minimum, shall include

10  comparisons of the timeliness and costs of the pilot and the

11  counsels and shall be submitted to the President of the Senate

12  and the Speaker of the House of Representatives by January 30,

13  2007. This subsection expires July 1, 2005 2004.

14         Section 34.  In order to implement Specific

15  Appropriation 831 of the 2004-2005 General Appropriations Act,

16  paragraphs (a) and (c) of subsection (2) of section 27.709,

17  Florida Statutes, as amended by section 86 of chapter

18  2003-399, Laws of Florida, are amended to read:

19         27.709  Commission on Capital Cases.--

20         (2)(a)  The commission shall review the administration

21  of justice in capital collateral cases, receive relevant

22  public input, review the operation of the capital collateral

23  regional counsel and private counsel appointed pursuant to ss.

24  27.710 and 27.711, and advise and make recommendations to the

25  Governor, Legislature, and Supreme Court.

26         (c)  In addition, the commission shall receive

27  complaints regarding the practice of any office of regional

28  counsel and private counsel appointed pursuant to ss. 27.710

29  and 27.711 and shall refer any complaint to The Florida Bar,

30  the State Supreme Court, or the Commission on Ethics, as

31  appropriate.

                                  39

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         Section 35.  The amendment of section 27.709, Florida

 2  Statutes, by this act shall expire on July 1, 2005, and the

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

 4  30, 2003, except that any amendments to such text enacted

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

 6  operate to the extent that such amendments are not dependent

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

 8  provisions of this act.

 9         Section 36.  In order to implement Specific

10  Appropriation 831 of the 2004-2005 General Appropriations Act,

11  subsections (3) and (9) of section 27.711, Florida Statutes,

12  as amended by section 88 of chapter 2003-399, Laws of Florida,

13  are amended, and subsection (14) is added to that section, to

14  read:

15         27.711  Terms and conditions of appointment of

16  attorneys as counsel in postconviction capital collateral

17  proceedings.--

18         (3)  An attorney appointed to represent a capital

19  defendant is entitled to payment of the fees set forth in this

20  section only upon full performance by the attorney of the

21  duties specified in this section and approval of payment by

22  the trial court, and the submission of a payment request by

23  the attorney, subject to the availability of sufficient

24  funding specifically appropriated for this purpose. An

25  attorney may not be compensated under this section for work

26  performed by the attorney before July 1, 2003, while employed

27  by the northern regional office of the capital collateral

28  counsel. The Chief Financial Officer shall notify the

29  executive director and the court if it appears that sufficient

30  funding has not been specifically appropriated for this

31  purpose to pay any fees which may be incurred. The attorney

                                  40

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  shall maintain appropriate documentation, including a current

 2  and detailed hourly accounting of time spent representing the

 3  capital defendant. The fee and payment schedule in this

 4  section is the exclusive means of compensating a

 5  court-appointed attorney who represents a capital defendant.

 6  When appropriate, a court-appointed attorney must seek further

 7  compensation from the Federal Government, as provided in 18

 8  U.S.C. s. 3006A or other federal law, in habeas corpus

 9  litigation in the federal courts.

10         (9)  An attorney may not represent more than five

11  capital defendants in capital postconviction litigation at any

12  one time.

13         (14)  Each attorney participating in the pilot program

14  in the northern region pursuant to s. 27.701(2), as a

15  condition of payment pursuant to this section, shall report on

16  the performance measures adopted by the Legislature for the

17  capital collateral regional counsels.

18         Section 37.  The amendment of section 27.711, Florida

19  Statutes, by this act shall expire on July 1, 2005, and the

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

21  30, 2003, except that any amendments to such text enacted

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

23  operate to the extent that such amendments are not dependent

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

25  provisions of this act.

26         Section 38.  In order to implement Specific

27  Appropriation 831 of the 2004-2005 General Appropriations Act,

28  paragraph (b) of subsection (4) of section 27.702, Florida

29  Statutes, as amended by section 90 of chapter 2003-399, Laws

30  of Florida, is amended to read:

31  

                                  41

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1         27.702  Duties of the capital collateral regional

 2  counsel; reports.--

 3         (4)

 4         (b)  Each capital collateral regional counsel and each

 5  attorney participation in the pilot program in the northern

 6  region pursuant to s. 27.701(2) shall provide a quarterly

 7  report to the President of the Senate, the Speaker of the

 8  House of Representatives, and the Commission on Capital Cases

 9  which details the number of hours worked by investigators and

10  legal counsel per case and the amounts per case expended

11  during the preceding quarter in investigating and litigating

12  capital collateral cases.

13         Section 39.  The amendment of section 27.702, Florida

14  Statutes, by this act shall expire on July 1, 2005, and the

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

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

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

18  operate to the extent that such amendments are not dependent

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

20  provisions of this act.

21         Section 40.  In order to implement Specific

22  Appropriations 812-1066 and 2919-2968 of the 2004-2005 General

23  Appropriations Act and for the 2004-2005 fiscal year only, all

24  personnel moving from county government to positions in the

25  state courts system, an office of the state attorney, or an

26  office of the public defender as a part of the implementation

27  of revision 7 to Article V of the Florida Constitution who

28  were eligible for coverage under a county-sponsored group

29  insurance program June 30, 2004, and who elect and are

30  qualified to be covered under the State Group Insurance

31  Program in the Department of Management Services shall be

                                  42

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  enrolled for health and life insurance effective July 1, 2004.

 2  The state courts system and the respective offices of the

 3  state attorney or the offices of the public defender shall be

 4  responsible for ensuring affected employees' health and life

 5  insurance benefit enrollment elections are made and processed

 6  by June 23, 2004, and shall make a one-time total premium

 7  payment to the Division of State Group Insurance of the

 8  Department of Management Services not later than July 15,

 9  2004, for coverage for the month of July 2004. For health and

10  life insurance coverage only, the premium remittance mechanism

11  for each such premium payment shall be in the form of a

12  separate journal transfer. Accompanying documentation, as

13  prescribed by the Division of State Group Insurance, is

14  required to distinguish employee from employer contributions,

15  by subscriber. Subsequent premium payments and eligibility

16  determinations shall be made in accordance with existing laws

17  and administrative rules to ensure continuity of employee

18  benefit coverage. This section shall take effect upon becoming

19  law. This section expires July 1, 2005.

20         Section 41.  A section of this act that implements a

21  specific appropriation or specifically identified proviso

22  language in the 2004-2005 General Appropriations Act is void

23  if the specific appropriation or specifically identified

24  proviso language is vetoed. A section of this act that

25  implements more than one specific appropriation or more than

26  one portion of specifically identified proviso language in the

27  2004-2005 General Appropriations Act is void if all the

28  specific appropriations or portions of specifically identified

29  proviso language are vetoed.

30         Section 42.  If any other act passed in 2004 contains a

31  provision that is substantively the same as a provision in

                                  43

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1  this act, but that removes or is otherwise not subject to the

 2  future repeal applied to such provision by this act, the

 3  Legislature intends that the provision in the other act shall

 4  take precedence and shall continue to operate, notwithstanding

 5  the future repeal provided by this act.

 6         Section 43.  The agency performance measures and

 7  standards in the document entitled "Performance Measures and

 8  Standards Approved by the Legislature for Fiscal Year

 9  2004-2005" dated March 22, 2004, and filed with the Secretary

10  of the Senate are incorporated by reference. Such performance

11  measures and standards are directly linked to the

12  appropriations made in the General Appropriations Act for

13  fiscal year 2004-2005, as required by the Government

14  Performance and Accountability Act of 1994. State agencies are

15  directed to revise their long-range program plans required

16  under section 216.013, Florida Statutes, to be consistent with

17  these performance measures and standards.

18         Section 44.  If any provision of this act or its

19  application to any person or circumstance is held invalid, the

20  invalidity does not affect other provisions or applications of

21  the act which can be given effect without the invalid

22  provision or application, and to this end the provisions of

23  this act are severable.

24         Section 45.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1, 2004; or, if this

26  act fails to become a law until after that date, it shall take

27  effect upon becoming a law and shall operate retroactively to

28  July 1, 2004.

29  

30  

31  

                                  44

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






    Florida Senate - 2004                                  SB 2502
    309-2331A-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Implements the 2004-2005 General Appropriations Act.

 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  45

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