HB 1887

1	A bill to be entitled
2	An act implementing the 2005-2006 General Appropriations
3	Act; providing legislative intent; amending s. 1013.62,
4	F.S.; deleting a provision providing for the allocation of
5	charter school capital outlay funds if the appropriation
6	for such funds is greater than the 2002-2003
7	appropriation; creating s. 1004.065, F.S.; providing a
8	limitation on university and direct-support organization
9	financings; amending s. 394.908, F.S.; providing for
10	substance abuse and mental health funding equity as
11	provided in the General Appropriations Act; including
12	funds appropriated for projects in specific locations in
13	the base funding of such locations when calculating the
14	distribution of funds under the equity formula; amending
15	s. 287.057, F.S.; authorizing the Department of Children
16	and Family Services to contract with a private provider
17	for a mental health treatment facility; amending s.
18	381.79, F.S.; providing for use of funds in the Brain and
19	Spinal Cord Injury Program Trust Fund for spinal cord
20	injury and brain injury research at the University of
21	Miami; amending s. 402.33, F.S.; suspending authority of
22	the Department of Children and Family Services to use
23	funds in excess of fee collections; authorizing the
24	Department of Corrections and the Department of Juvenile
25	Justice to make certain expenditures to defray costs
26	incurred by a municipality or county as a result of
27	opening or operating a facility under authority of the
28	respective department; amending s. 216.262, F.S.;
29	providing for additional positions to operate additional
30	prison bed capacity under certain circumstances; providing
31	for the transfer of a specified building to the Department
32	of Corrections for additional prison beds; authorizing the
33	Executive Office of the Governor to transfer funds between
34	departments for purposes of aligning amounts paid for risk
35	management premiums and for purposes of aligning amounts
36	paid for human resource management services; amending s.
37	112.061, F.S.; providing for computation of travel time
38	and reimbursement for public officers' and employees'
39	travel; amending s. 376.3071, F.S.; providing for use of
40	funds from the Inland Protection Trust Fund to clean up
41	certain petroleum contaminated sites and to purchase
42	generators for emergency fuel supply; amending s.
43	373.4137, F.S.; providing for water management districts
44	to use specified funds in certain surface water
45	improvement and management or invasive plant control
46	projects; amending s. 120.551, F.S.; continuing Internet
47	publication of certain notices of the Department of
48	Environmental Protection and the Board of Trustees of the
49	Internal Improvement Trust Fund; creating the Florida Pork
50	Producers Transition Grant Program within the Department
51	of Agriculture and Consumer Services; entitling certain
52	persons using farming methods described in the Florida
53	Constitution on a certain date to apply for a grant;
54	providing a cap on such grants and authorizing the
55	department to adopt rules to implement the grant program;
56	amending s. 320.08058, F.S.; authorizing proceeds from the
57	Professional Sports Development Trust Fund to be used for
58	operational expenses of the Florida Sports Foundation and
59	financial support of the Sunshine State Games; amending s.
60	445.048, F.S.; requiring that Workforce Florida, Inc.,
61	expand the Passport to Economic Progress demonstration
62	program to a statewide program; authorizing Workforce
63	Florida, Inc., to designate regional workforce boards to
64	participate in the program; deleting a provision relating
65	to the disregard of income for purposes of determining
66	eligibility for cash assistance; requiring that Workforce
67	Florida, Inc., offer incentive bonuses; providing
68	requirements for such bonuses; providing that such bonuses
69	are not an entitlement; requiring Workforce Florida, Inc.,
70	to submit evaluations and recommendations for the program
71	as part of its annual report to the Legislature; amending
72	s. 253.034, F.S.; authorizing deposit of funds from the
73	sale of property by the Department of Highway Safety and
74	Motor Vehicles located in Palm Beach County; amending s.
75	402.3017, F.S.; requiring the Agency for Workforce
76	Innovation to administer Teacher Education and
77	Compensation Helps (TEACH) scholarship program; amending
78	s. 265.702, F.S.; providing a limit on the annual amount
79	of individual cultural facilities grants; amending s.
80	287.057, F.S.; exempting certain voter education
81	activities from competitive-solicitation requirements;
82	authorizing transfer of certain funds from the courts to
83	the Justice Administrative Commission to meet certain
84	shortfalls in due process appropriations; providing for
85	expenditure of funds from the Working Capital Fund to
86	offset deficiencies in due process services; reenacting s.
87	215.32(2)(b), F.S., relating to the source and use of
88	trust funds; providing for future repeal or expiration of
89	various provisions; providing for reversion of certain
90	provisions; providing effect of veto of specific
91	appropriation or proviso to which implementing language
92	refers; incorporating by reference specified performance
93	measures and standards directly linked to the
94	appropriations made in the 2005-2006 General
95	Appropriations Act, as required by the Government
96	Performance and Accountability Act of 1994; providing
97	severability; providing an effective date.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  It is the intent of the Legislature that the
102	implementing and administering provisions of this act apply to
103	the General Appropriations Act for fiscal year 2005-2006.
104	Section 2.  In order to implement Specific Appropriation 17
105	of the 2005-2006 General Appropriations Act, subsection (7) of
106	section 1013.62, Florida Statutes, is amended to read:
107	1013.62  Charter schools capital outlay funding.--
108	(7)  Notwithstanding the provisions of this section,
109	beginning in the 2003-2004 fiscal year:
110	(a)  If the appropriation for charter school capital outlay
111	funds is no greater than the 2002-2003 appropriation, the funds
112	shall be allocated according to the formula outlined in
113	subsection (1) to:
114	1.  The same schools that received funding in 2002-2003.
115	2.  Schools that are an expanded feeder pattern of schools
116	that received funding in 2002-2003.
117	3.  Schools that have an approved charter and are serving
118	students at the start of the 2003-2004 school year and either
119	incurred long-term financial obligations prior to January 31,
120	2003, or began construction on educational facilities prior to
121	December 31, 2002.
122	(b)  If the appropriation for charter school capital outlay
123	funds is less than the 2002-2003 appropriation, the funds shall
124	be prorated among the schools eligible in paragraph (a).
125	(c)  If the appropriation for charter school capital outlay
126	funds is greater than the 2002-2003 appropriation, the amount of
127	funds provided in the 2002-2003 appropriation shall be allocated
128	according to paragraph (a). First priority for allocating the
129	amount in excess of the 2002-2003 appropriation shall be to
130	prorate the excess funds among the charter schools with long-
131	term debt or long-term lease to the extent that the initial
132	allocation is insufficient to provide one-fifteenth of the cost
133	per student station specified in s. 1013.64(6)(b), and second
134	priority shall be to other eligible charter schools.
135	Section 3.  The amendment of subsection (7) of s. 1013.62,
136	Florida Statutes, by this act shall expire on July 1, 2006, and
137	the text of that section shall revert to that in existence on
138	June 30, 2005, except that any amendments to such text enacted
139	other than by this act shall be preserved and continue to
140	operate to the extent that such amendments are not dependent
141	upon the portions of such text which expire pursuant to the
142	provisions of this act.
143	Section 4.  In order to implement section 11 of the 2005-
144	2006 General Appropriations Act, section 1004.065, Florida
145	Statutes, is created to read:
146	1004.065  Limitation on university and direct-support
147	organization financings.--No project may be financed by or on
148	behalf of a university or a direct-support organization pursuant
149	to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
150	1013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
151	through any financing mechanism, including, but not limited to,
152	revenue bonds, promissory notes, certificates of participation,
153	lease-purchase agreements, or any other form of indebtedness,
154	without prior approval of the project by the Legislature by an
155	act relating to appropriations or general law. This section
156	expires July 1, 2006.
157	Section 5.  In order to implement Specific Appropriations
158	325-328, 332-336, 351, and 354 of the 2005-2006 General
159	Appropriations Act, subsection (8) of section 394.908, Florida
160	Statutes, is amended to read:
161	394.908  Substance abuse and mental health funding equity;
162	distribution of appropriations.--In recognition of the
163	historical inequity among service districts of the former
164	Department of Health and Rehabilitative Services in the funding
165	of substance abuse and mental health services, and in order to
166	rectify this inequity and provide for equitable funding in the
167	future throughout the state, the following funding process shall
168	be adhered to:
169	(8)  For fiscal year 2005-2006 2004-2005 only, and
170	notwithstanding the provisions of this section, all new funds
171	received in excess of fiscal year 2004-2005 2003-2004 recurring
172	appropriations shall be allocated in accordance with the
173	provisions of the General Appropriations Act; however, no
174	district shall receive an allocation of recurring funds less
175	than its initial approved operating budget, plus any
176	distributions of lump sum appropriations or reductions in
177	unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
178	appropriated for projects in specific locations in the General
179	Appropriations Act shall be included in the base funding of the
180	respective district when calculating the distribution of funds
181	under the equity formula. This subsection expires July 1, 2006
182	2005.
183	Section 6.  In order to implement Specific Appropriations
184	395-404 of the 2005-2006 General Appropriations Act, paragraph
185	(b) of subsection (14) of section 287.057, Florida Statutes, is
186	amended to read:
187	287.057  Procurement of commodities or contractual
188	services.--
189	(14)
190	(b)  Notwithstanding paragraph (a), the Department of
191	Children and Family Services may enter into agreements, not to
192	exceed 20 years, with a private provider to finance, design, and
193	construct a treatment facility, as defined in s. 394.455, of at
194	least 200 beds and to operate all aspects of daily operations
195	within the treatment facility. The selected contractor is
196	authorized to sponsor the issuance of tax-exempt certificates of
197	participation or other securities to finance the project, and
198	the state is authorized to enter into a lease-purchase agreement
199	for the treatment facility. The Department of Children and
200	Family Services shall begin the implementation of this
201	privatization initiative by January 1, 2006 2005. This paragraph
202	expires July 1, 2006 2005.
203	Section 7.  In order to implement Specific Appropriation
204	595 of the 2005-2006 General Appropriations Act, subsection (3)
205	of section 381.79, Florida Statutes, is amended to read:
206	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
207	(3)(a)  Annually, 5 percent of the revenues deposited
208	monthly in the fund pursuant to s. 318.21(2)(d) shall be
209	appropriated to the University of Florida and 5 percent to the
210	University of Miami for spinal cord injury and brain injury
211	research. The amount to be distributed to the universities shall
212	be calculated based on the deposits into the fund for each
213	quarter in the fiscal year, but may not exceed $500,000 per
214	university per year. Funds distributed under this subsection
215	shall be made in quarterly payments at the end of each quarter
216	during the fiscal year.
217	(b)  For the 2005-2006 2004-2005 fiscal year only, and
218	notwithstanding paragraph (a), revenues deposited in the fund
219	pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
220	injury and brain injury research at the University of Miami. The
221	amount appropriated in the 2005-2006 2004-2005 General
222	Appropriations Act shall be distributed in equal quarterly
223	payments at the end of each quarter during the fiscal year. This
224	paragraph expires July 1, 2006 2005.
225	Section 8.  In order to implement Specific Appropriations
226	238-404 of the 2005-2006 General Appropriations Act, paragraph
227	(b) of subsection (10) of section 402.33, Florida Statutes, is
228	amended to read:
229	402.33  Department authority to charge fees for services
230	provided.--
231	(10)
232	(b)  For the 2005-2006 2004-2005 fiscal year only, the
233	provisions of paragraph (a) shall not apply. This paragraph
234	expires July 1, 2006 2005.
235	Section 9.  In order to fulfill legislative intent
236	regarding the use of funds contained in Specific Appropriations
237	676, 688, 698, and 1136 of the 2005-2006 General Appropriations
238	Act, the Department of Corrections and the Department of
239	Juvenile Justice may expend appropriated funds to assist in
240	defraying the costs of impacts that are incurred by a
241	municipality or county and associated with opening or operating
242	a facility under the authority of the respective department
243	which is located within that municipality or county. The amount
244	that is to be paid under this section for any facility may not
245	exceed 1 percent of the facility construction cost, less
246	building impact fees imposed by the municipality or by the
247	county if the facility is located in the unincorporated portion
248	of the county. This section expires July 1, 2006.
249	Section 10.  In order to implement Specific Appropriations
250	666-761 and 797-827 of the 2005-2006 General Appropriations Act,
251	subsection (4) of section 216.262, Florida Statutes, is amended
252	to read:
253	216.262  Authorized positions.--
254	(4)  Notwithstanding the provisions of this chapter on
255	increasing the number of authorized positions, and for the 2005-
256	2006 2004-2005 fiscal year only, if the actual inmate population
257	of the Department of Corrections exceeds the inmate population
258	projections of the February 16, 2005 2004, Criminal Justice
259	Estimating Conference by 1 percent for 2 consecutive months or 2
260	percent for any month, the Executive Office of the Governor,
261	with the approval of the Legislative Budget Commission, shall
262	immediately notify the Criminal Justice Estimating Conference,
263	which shall convene as soon as possible to revise the estimates.
264	The Department of Corrections may then submit a budget amendment
265	requesting the establishment of positions in excess of the
266	number authorized by the Legislature and additional
267	appropriations from the General Revenue Fund or the Working
268	Capital Fund sufficient to provide for essential staff and other
269	resources to provide classification, security, food services,
270	health services, and other variable expenses within the
271	institutions to accommodate the estimated increase in the inmate
272	population. All actions taken pursuant to the authority granted
273	in this subsection shall be subject to review and approval by
274	the Legislative Budget Commission. This subsection expires July
275	1, 2006 2005.
276	Section 11.  In order to implement Specific Appropriation
277	751 of the 2005-2006 General Appropriations Act, the Department
278	of Children and Family Services shall transfer the Tramell
279	Building on the grounds of the Florida State Hospital to the
280	Department of Corrections to be used for 953 additional prison
281	beds.
282	Section 12.  In order to implement the appropriation of
283	funds in Special Categories-Risk Management Insurance of the
284	2005-2006 General Appropriations Act, and pursuant to the
285	notice, review, and objection procedures of s. 216.177, Florida
286	Statutes, the Executive Office of the Governor is authorized to
287	transfer funds appropriated in the appropriation category
288	"Special Categories-Risk Management Insurance" of the 2005-2006
289	General Appropriations Act between departments in order to align
290	the budget authority granted with the premiums paid by each
291	department for risk management insurance. This section expires
292	July 1, 2006.
293	Section 13.  In order to implement the appropriation of
294	funds in Special Categories-Transfer to Department of Management
295	Services-Human Resources Services Purchased Per Statewide
296	Contract of the 2005-2006 General Appropriations Act, and
297	pursuant to the notice, review, and objection procedures of s.
298	216.177, Florida Statutes, the Executive Office of the Governor
299	is authorized to transfer funds appropriated in the
300	appropriation category "Special Categories-Transfer to
301	Department of Management Services-Human Resources Services
302	Purchased Per Statewide Contract" of the 2005-2006 General
303	Appropriations Act between departments in order to align the
304	budget authority granted with the assessments that must be paid
305	by each agency to the Department of Management Services for
306	human resource management services. This section expires July 1,
307	2006.
308	Section 14.  In order to implement sections 2 through 7 of
309	the 2005-2006 General Appropriations Act, paragraph (c) of
310	subsection (5) and paragraph (d) of subsection (6) of section
311	112.061, Florida Statutes, are amended to read:
312	112.061  Per diem and travel expenses of public officers,
313	employees, and authorized persons.--
314	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
315	purposes of reimbursement and methods of calculating fractional
316	days of travel, the following principles are prescribed:
317	(c)  For the 2005-2006 2004-2005 fiscal year only and
318	notwithstanding the other provisions of this subsection, for
319	Class C travel, a state traveler shall not be reimbursed on a
320	per diem basis nor shall a traveler receive subsistence
321	allowance. This paragraph expires July 1, 2006 2005.
322	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
323	purposes of reimbursement rates and methods of calculation, per
324	diem and subsistence allowances are divided into the following
325	groups and rates:
326	(d)  For the 2005-2006 2004-2005 fiscal year only and
327	notwithstanding the other provisions of this subsection, for
328	Class C travel, a state traveler shall not be reimbursed on a
329	per diem basis nor shall a traveler receive subsistence
330	allowance. This paragraph expires July 1, 2006 2005.
331	Section 15.  In order to implement Specific Appropriation
332	1742, subsection (14) is added to section 376.3071, Florida
333	Statutes, to read:
334	376.3071  Inland Protection Trust Fund; creation; purposes;
335	funding.--
336	(14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
337	YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
338	2005-2006 fiscal year only funds from the Inland Protection
339	Trust Fund may be used to clean up petroleum contaminated sites
340	registered in a state-funded program that have been identified
341	as viable affordable housing sites by the Department of
342	Community Affairs together with local governments and may be
343	used to purchase generators for emergency fuel supply. This
344	subsection expires July 1, 2006.
345	Section 16.  In order to implement Specific Appropriation
346	1590 of the 2005-2006 General Appropriations Act, paragraph (c)
347	of subsection (4) of section 373.4137, Florida Statutes, is
348	amended to read:
349	373.4137  Mitigation requirements.--
350	(4)  Prior to December 1 of each year, each water
351	management district, in consultation with the Department of
352	Environmental Protection, the United States Army Corps of
353	Engineers, the Department of Transportation, transportation
354	authorities established pursuant to chapter 348 or chapter 349,
355	and other appropriate federal, state, and local governments, and
356	other interested parties, including entities operating
357	mitigation banks, shall develop a plan for the primary purpose
358	of complying with the mitigation requirements adopted pursuant
359	to this part and 33 U.S.C. s. 1344. This plan shall also address
360	significant invasive plant problems within wetlands and other
361	surface waters. In developing such plans, the districts shall
362	utilize sound ecosystem management practices to address
363	significant water resource needs and shall focus on activities
364	of the Department of Environmental Protection and the water
365	management districts, such as surface water improvement and
366	management (SWIM) waterbodies and lands identified for potential
367	acquisition for preservation, restoration, and enhancement, to
368	the extent that such activities comply with the mitigation
369	requirements adopted under this part and 33 U.S.C. s. 1344. In
370	determining the activities to be included in such plans, the
371	districts shall also consider the purchase of credits from
372	public or private mitigation banks permitted under s. 373.4136
373	and associated federal authorization and shall include such
374	purchase as a part of the mitigation plan when such purchase
375	would offset the impact of the transportation project, provide
376	equal benefits to the water resources than other mitigation
377	options being considered, and provide the most cost-effective
378	mitigation option. The mitigation plan shall be preliminarily
379	approved by the water management district governing board and
380	shall be submitted to the secretary of the Department of
381	Environmental Protection for review and final approval. The
382	preliminary approval by the water management district governing
383	board does not constitute a decision that affects substantial
384	interests as provided by s. 120.569. At least 30 days prior to
385	preliminary approval, the water management district shall
386	provide a copy of the draft mitigation plan to any person who
387	has requested a copy.
388	(c)  Surface water improvement and management or invasive
389	plant control projects undertaken using the $12 million advance
390	transferred from the Department of Transportation to the
391	Department of Environmental Protection in fiscal year 1996-1997
392	which meet the requirements for mitigation under this part and
393	33 U.S.C. s. 1344 shall remain available for mitigation until
394	the $12 million is fully credited up to and including fiscal
395	year 2006-2007 2005-2006. When these projects are used as
396	mitigation, the $12 million advance shall be reduced by $75,000
397	per acre of impact mitigated. For any fiscal year through and
398	including fiscal year 2006-2007 2005-2006, to the extent the
399	cost of developing and implementing the mitigation plans is less
400	than the amount transferred pursuant to subsection (3), the
401	difference shall be credited towards the $12 million advance.
402	Except as provided in this paragraph, any funds not directed to
403	implement the mitigation plan should, to the greatest extent
404	possible, be directed to fund invasive plant control within
405	wetlands and other surface waters.
406	Section 17.  In order to implement Specific Appropriation
407	1690 of the 2004-2005 General Appropriations Act, subsection (3)
408	of section 120.551, Florida Statutes, is amended to read:
409	120.551  Internet publication.--
410	(3)  This section is repealed effective July 1, 2006 2005,
411	unless reviewed and reenacted by the Legislature before that
412	date.
413	Section 18.  (1)  In order to implement Specific
414	Appropriation 1453A of the 2005-2006 General Appropriations Act,
415	there is hereby created the Florida Pork Producers Transition
416	Grant Program within the Department of Agriculture and Consumer
417	Services to provide assistance to any person or persons or
418	entities that were using farming methods described in Article X,
419	Section 21 of the Florida Constitution on November 5, 2002. The
420	purpose of the program is to assist Florida pork producers in
421	reducing encumbered debt on stranded investment in equipment and
422	in transitioning into other farming or agriculture activities.
423	(2)  Any person or persons or entities that were using
424	farming methods described in Article X, Section 21 of the
425	Florida Constitution on November 5, 2002, are entitled to apply
426	for a grant from the program if that person or entity signs a
427	letter of intent to cease or has ceased using farming methods
428	described in Article X, Section 21 of the Florida Constitution
429	on land within this state and agrees in writing to continue to
430	use the land as actively engaged in an agricultural or farming
431	activity other than pork production until at least November
432	2008.
433	(3)  The department shall provide grants of not more than
434	$275,000 to each person or persons or entities who meet the
435	criteria for the program and who enter into such a letter of
436	intent with the department, on a first-come first-served basis;
437	provided that the application for the grant is made on or before
438	December 29, 2005. The department may adopt rules to implement
439	the Florida Pork Producers Transition Grant Program.
440	(4)  This section expires July 1, 2006.
441	Section 19.  In order to implement Specific Appropriation
442	2501 of the 2005-2006 General Appropriations Act, paragraph (b)
443	of subsection (9) of section 320.08058, Florida Statutes, is
444	amended to read:
445	320.08058  Specialty license plates.--
446	(9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
447	(b)  The license plate annual use fees are to be annually
448	distributed as follows:
449	1.  Fifty-five percent of the proceeds from the Florida
450	Professional Sports Team plate must be deposited into the
451	Professional Sports Development Trust Fund within the Office of
452	Tourism, Trade, and Economic Development. These funds must be
453	used solely to attract and support major sports events in this
454	state. As used in this subparagraph, the term "major sports
455	events" means, but is not limited to, championship or all-star
456	contests of Major League Baseball, the National Basketball
457	Association, the National Football League, the National Hockey
458	League, the men's and women's National Collegiate Athletic
459	Association Final Four basketball championship, or a horseracing
460	or dogracing Breeders' Cup. All funds must be used to support
461	and promote major sporting events, and the uses must be approved
462	by the Florida Sports Foundation.
463	2.  The remaining proceeds of the Florida Professional
464	Sports Team license plate must be allocated to the Florida
465	Sports Foundation, a direct-support organization of the Office
466	of Tourism, Trade, and Economic Development. These funds must be
467	deposited into the Professional Sports Development Trust Fund
468	within the Office of Tourism, Trade, and Economic Development.
469	These funds must be used by the Florida Sports Foundation to
470	promote the economic development of the sports industry; to
471	distribute licensing and royalty fees to participating
472	professional sports teams; to promote education programs in
473	Florida schools that provide an awareness of the benefits of
474	physical activity and nutrition standards; to partner with the
475	Department of Education and the Department of Health to develop
476	a program that recognizes schools whose students demonstrate
477	excellent physical fitness or fitness improvement; to institute
478	a grant program for communities bidding on minor sporting events
479	that create an economic impact for the state; to distribute
480	funds to Florida-based charities designated by the Florida
481	Sports Foundation and the participating professional sports
482	teams; and to fulfill the sports promotion responsibilities of
483	the Office of Tourism, Trade, and Economic Development.
484	3.  The Florida Sports Foundation shall provide an annual
485	financial audit in accordance with s. 215.981 of its financial
486	accounts and records by an independent certified public
487	accountant pursuant to the contract established by the Office of
488	Tourism, Trade, and Economic Development as specified in s.
489	288.1229(5). The auditor shall submit the audit report to the
490	Office of Tourism, Trade, and Economic Development for review
491	and approval. If the audit report is approved, the office shall
492	certify the audit report to the Auditor General for review.
493	4.  For the 2005-2006 2004-2005 fiscal year only and
494	notwithstanding the provisions of subparagraphs 1. and 2.,
495	proceeds from the Professional Sports Development Trust Fund may
496	also be used for operational expenses of the Florida Sports
497	Foundation and financial support of the Sunshine State Games.
498	This subparagraph expires July 1, 2006 2005.
499	Section 20.  In order to implement Specific Appropriation
500	2121 of the 2005-2006 General Appropriations Act, section
501	445.048, Florida Statutes, as amended by section 53 of chapter
502	2004-269, Laws of Florida, is amended to read:
503	445.048  Passport to Economic Progress demonstration
504	program.--
505	(1)  AUTHORIZATION.--Notwithstanding any law to the
506	contrary, Workforce Florida, Inc., in conjunction with the
507	Department of Children and Family Services and the Agency for
508	Workforce Innovation, shall implement a Passport to Economic
509	Progress demonstration program by November 1, 2001, consistent
510	with the provisions of this section in Hillsborough and Manatee
511	counties. Workforce Florida, Inc., may designate regional
512	workforce boards to participate in the program. Expenses for the
513	program may come from appropriated revenues or from funds
514	otherwise available to a regional workforce board which may be
515	legally used for such purposes. Workforce Florida, Inc., must
516	consult with the applicable regional workforce boards and the
517	applicable local offices of the Department of Children and
518	Family Services which serve the demonstration areas and must
519	encourage community input into the implementation process.
520	(2)  WAIVERS.--If Workforce Florida, Inc., in consultation
521	with the Department of Children and Family Services, finds that
522	federal waivers would facilitate implementation of the
523	demonstration program, the department shall immediately request
524	such waivers, and Workforce Florida, Inc., shall report to the
525	Governor, the President of the Senate, and the Speaker of the
526	House of Representatives if any refusal of the federal
527	government to grant such waivers prevents the implementation of
528	the demonstration program. If Workforce Florida, Inc., finds
529	that federal waivers to provisions of the Food Stamp Program
530	would facilitate implementation of the demonstration program,
531	the Department of Children and Family Services shall immediately
532	request such waivers in accordance with s. 414.175.
533	(3)  INCOME DISREGARD.--In order to provide an additional
534	incentive for employment, and notwithstanding the amount
535	specified in s. 414.095(12), for individuals residing in the
536	areas designated for this demonstration program, the first $300
537	plus one-half of the remainder of earned income shall be
538	disregarded in determining eligibility for temporary cash
539	assistance. All other conditions and requirements of s.
540	414.095(12) shall continue to apply to such individuals.
541	(3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
542	assist them in making the transition to economic
543	self-sufficiency, former recipients of temporary cash assistance
544	residing within the areas designated for this demonstration
545	program shall be eligible for the following benefits and
546	services:
547	(a)  Notwithstanding the time period specified in s.
548	445.030, transitional education and training support services as
549	specified in s. 445.030 for up to 4 years after the family is no
550	longer receiving temporary cash assistance;
551	(b)  Notwithstanding the time period specified in s.
552	445.031, transitional transportation support services as
553	specified in s. 445.031 for up to 4 years after the family is no
554	longer receiving temporary cash assistance; and
555	(c)  Notwithstanding the time period specified in s.
556	445.032, transitional child care as specified in s. 445.032 for
557	up to 4 years after the family is no longer receiving temporary
558	cash assistance.
559
560	All other provisions of ss. 445.030, 445.031, and 445.032 shall
561	apply to such individuals, as appropriate. This subsection does
562	not constitute an entitlement to transitional benefits and
563	services. If funds are insufficient to provide benefits and
564	services under this subsection, the board of directors of
565	Workforce Florida, Inc., or its agent, may limit such benefits
566	and services or otherwise establish priorities for the
567	provisions of such benefits and services.
568	(4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
569	SUPPLEMENTATION.--
570	(a)  The Legislature finds that:
571	1.  There are former recipients of temporary cash
572	assistance who are working full time but whose incomes are below
573	the federal poverty level.
574	2.  Having incomes below the federal poverty level makes
575	such individuals particularly vulnerable to reliance on public
576	assistance despite their best efforts to achieve or maintain
577	economic independence through employment.
578	3.  It is necessary to implement a performance-based
579	program that defines economic incentives for achieving specific
580	benchmarks toward self-sufficiency while the individual is
581	working full-time supplement the wages of such individuals for a
582	limited period of time in order to assist them in fulfilling the
583	transition to economic self-sufficiency.
584	(b)  Workforce Florida, Inc., in cooperation with the
585	Department of Children and Family Services and the Agency for
586	Workforce Innovation, shall offer performance-based incentive
587	bonuses create a transitional wage supplementation program by
588	November 1, 2001, as a component of the Passport to Economic
589	Progress demonstration program in the areas designated for the
590	demonstration program. This wage supplementation program does
591	not constitute an entitlement to wage supplementation. The
592	bonuses do not represent a program entitlement and shall be
593	contingent on achieving specific benchmarks prescribed in the
594	self-sufficiency plan. If the funds appropriated for this
595	purpose are insufficient to provide this financial incentive
596	wage supplementation, the board of directors of Workforce
597	Florida, Inc., may reduce or suspend the bonuses in order not to
598	exceed the appropriation or may direct the regional boards to
599	use resources otherwise given to the regional workforce to pay
600	such bonuses if such payments comply with applicable state and
601	federal laws limit wage supplementation or otherwise establish
602	priorities for wage supplementation.
603	(c)  To be eligible for an incentive bonus wage
604	supplementation under this subsection, an individual must:
605	1.  Be a former recipient of temporary cash assistance who
606	last received such assistance on or after January 1, 2000;
607	2.  Be employed full time, which for the purposes of this
608	subsection means employment averaging at least 32 hours per
609	week, until the United States Congress enacts legislation
610	reauthorizing the Temporary Assistance for Needy Families block
611	grant and, after the reauthorization, means employment complying
612	with the employment requirements of the reauthorization; and
613	3.  Have an average family income for the 6 months
614	preceding the date of application for an incentive bonus wage
615	supplementation which is less than 200 100 percent of the
616	federal poverty level.
617	(d)  Workforce Florida, Inc., shall determine the schedule
618	for the payment of wage supplementation under this subsection.
619	An individual eligible for wage supplementation under this
620	subsection may receive a payment that equals the amount
621	necessary to bring the individual's total family income for the
622	period covered by the payment to 100 percent of the federal
623	poverty level. An individual may not receive wage
624	supplementation payments for more than a total of 12 months.
625	(e)  The wage supplementation program authorized by this
626	subsection shall be administered through the regional workforce
627	boards and the one-stop delivery system, under policy
628	guidelines, criteria, and applications developed by Workforce
629	Florida, Inc., in cooperation with the Department of Children
630	and Family Services and the Agency for Workforce Innovation. To
631	the maximum extent possible, the regional workforce boards shall
632	use electronic debit card technologies to provide wage
633	supplementation payments under this program.
634	(5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
635	Florida, Inc., in conjunction with the Department of Children
636	and Family Services, the Agency for Workforce Innovation, and
637	the regional workforce boards in the areas designated for this
638	demonstration program, shall conduct a comprehensive evaluation
639	of the effectiveness of the demonstration program operated under
640	this section. Evaluations and recommendations for the program
641	shall be submitted by Workforce Florida, Inc., as part of its
642	annual report to the Legislature. By January 1, 2003, Workforce
643	Florida, Inc., shall submit a report on such evaluation to the
644	Governor, the President of the Senate, and the Speaker of the
645	House of Representatives. The report must include
646	recommendations as to whether the demonstration program should
647	be expanded to other service areas or statewide and whether the
648	program should be revised to enhance its administration or
649	effectiveness.
650	(6)(7)  CONFLICTS.--If there is a conflict between the
651	implementation procedures described in this section and federal
652	requirements and regulations, federal requirements and
653	regulations shall control.
654	Section 21.  The amendment of s. 445.048, Florida Statutes,
655	by this act shall expire on July 1, 2006, and the text of that
656	section shall revert to that in existence on June 30, 2005,
657	except that any amendments to such text enacted other than by
658	this act shall be preserved and continue to operate to the
659	extent that such amendments are not dependent upon the portions
660	of such text which expire pursuant to the provisions of this
661	act.
662	Section 22.  In order to implement section 31 of the 2005-
663	2006 General Appropriations Act, subsection (13) of section
664	253.034, Florida Statutes, is amended to read:
665	253.034  State-owned lands; uses.--
666	(13)  Notwithstanding the provisions of this section, funds
667	from the sale of property by the Department of Highway Safety
668	and Motor Vehicles located in Palm Beach County and Orange
669	Counties are authorized to be deposited into the Highway Safety
670	Operating Trust Fund to facilitate the exchange as provided in
671	the General Appropriations Act, provided that at the conclusion
672	of both exchanges the values are equalized. This subsection
673	expires July 1, 2006 2005.
674	Section 23.  In order to implement proviso language in
675	Specific Appropriation 2162G of the 2005-2006 General
676	Appropriations Act, subsection (4) of section 402.3017, Florida
677	Statutes, is amended to read:
678	402.3017  Teacher Education and Compensation Helps (TEACH)
679	scholarship program.--
680	(4)  For the 2005-2006 2004-2005 fiscal year only, the
681	Agency for Workforce Innovation shall administer this section.
682	This subsection expires July 1, 2006 2005.
683	Section 24.  In order to implement Specific Appropriation
684	2982B of the 2005-2006 General Appropriations Act, paragraph (b)
685	of subsection (7) of section 265.702, Florida Statutes, is
686	amended to read:
687	265.702  Regional cultural facilities; grants for
688	acquisition, renovation, or construction; funding; approval;
689	allocation.--
690	(7)
691	(b)  For the 2005-2006 2004-2005 fiscal year only, the
692	annual amount of a grant made under this section may not exceed
693	the amount specified in the General Appropriations Act or the
694	amount specified in paragraph (a), whichever is less. This
695	paragraph expires July 1, 2006 2005.
696	Section 25.  In order to implement Specific Appropriation
697	2930 of the 2005-2006 General Appropriations Act, paragraph (f)
698	of subsection (5) of section 287.057, Florida Statutes, is
699	amended to read:
700	287.057  Procurement of commodities or contractual
701	services.--
702	(5)  When the purchase price of commodities or contractual
703	services exceeds the threshold amount provided in s. 287.017 for
704	CATEGORY TWO, no purchase of commodities or contractual services
705	may be made without receiving competitive sealed bids,
706	competitive sealed proposals, or competitive sealed replies
707	unless:
708	(f)  The following contractual services and commodities are
709	not subject to the competitive-solicitation requirements of this
710	section:
711	1.  Artistic services.
712	2.  Academic program reviews.
713	3.  Lectures by individuals.
714	4.  Auditing services.
715	5.  Legal services, including attorney, paralegal, expert
716	witness, appraisal, or mediator services.
717	6.  Health services involving examination, diagnosis,
718	treatment, prevention, medical consultation, or administration.
719	7.  Services provided to persons with mental or physical
720	disabilities by not-for-profit corporations which have obtained
721	exemptions under the provisions of s. 501(c)(3) of the United
722	States Internal Revenue Code or when such services are governed
723	by the provisions of Office of Management and Budget Circular A-
724	122. However, in acquiring such services, the agency shall
725	consider the ability of the vendor, past performance,
726	willingness to meet time requirements, and price.
727	8.  Medicaid services delivered to an eligible Medicaid
728	recipient by a health care provider who has not previously
729	applied for and received a Medicaid provider number from the
730	Agency for Health Care Administration. However, this exception
731	shall be valid for a period not to exceed 90 days after the date
732	of delivery to the Medicaid recipient and shall not be renewed
733	by the agency.
734	9.  Family placement services.
735	10.  Prevention services related to mental health,
736	including drug abuse prevention programs, child abuse prevention
737	programs, and shelters for runaways, operated by not-for-profit
738	corporations. However, in acquiring such services, the agency
739	shall consider the ability of the vendor, past performance,
740	willingness to meet time requirements, and price.
741	11.  Training and education services provided to injured
742	employees pursuant to s. 440.491(6).
743	12.  Contracts entered into pursuant to s. 337.11.
744	13.  Services or commodities provided by governmental
745	agencies.
746	14.  Voter education activities of the Department of State
747	or the supervisors of elections funded by Specific Appropriation
748	2930 2871H of the 2005-2006 2004-2005 General Appropriations
749	Act, either individually or in the aggregate or with their
750	respective professional associations. This subparagraph expires
751	July 1, 2006 2005.
752	Section 26.  In order to implement Specific Appropriation
753	2999 of the 2005-2006 General Appropriations Act, and pursuant
754	to the notice, review, and objection procedures of s. 216.177,
755	Florida Statutes, funds in Specific Appropriation 2999 of the
756	2005-2006 General Appropriations Act may be transferred from the
757	courts to the Justice Administrative Commission in order to
758	address unanticipated shortfalls in due process services
759	appropriations in excess of the contingency fund provided in
760	Specific Appropriation 2999 of the 2005-2006 General
761	Appropriations Act. This section expires July 1, 2006.
762	Section 27.  In order to implement Specific Appropriations
763	836, 837, 839, 840, and 3020 of the 2005-2006 General
764	Appropriations Act, if a deficit is projected by the Justice
765	Administrative Commission or the state courts in any specific
766	appropriation provided for due process services, the Governor or
767	the Chief Justice of the Supreme Court, respectively, may submit
768	a budget amendment for consideration by the Legislative Budget
769	Commission to authorize the expenditure of funds from the
770	Working Capital Fund to offset such deficiency. Any budget
771	amendment submitted by the Governor to the Legislative Budget
772	Commission shall contain certification by the Justice
773	Administrative Commission that all actions required by s.
774	29.015, Florida Statutes, have been completed and that no funds
775	exist in any contingency fund appropriation available to the
776	entity projected to experience the deficiency. Any budget
777	amendment submitted by the Supreme Court shall contain
778	certification that the court has completed all actions required
779	by s. 29.016, Florida Statutes, and that no funds exist in any
780	contingency fund available to the state courts system. This
781	section expires July 1, 2006.
782	Section 28.  In order to implement the transfer of moneys
783	to the Working Capital Fund from trust funds in the 2005-2006
784	General Appropriations Act, paragraph (b) of subsection (2) of
785	section 215.32, Florida Statutes, is reenacted to read:
786	215.32  State funds; segregation.--
787	(2)  The source and use of each of these funds shall be as
788	follows:
789	(b)1.  The trust funds shall consist of moneys received by
790	the state which under law or under trust agreement are
791	segregated for a purpose authorized by law. The state agency or
792	branch of state government receiving or collecting such moneys
793	shall be responsible for their proper expenditure as provided by
794	law. Upon the request of the state agency or branch of state
795	government responsible for the administration of the trust fund,
796	the Chief Financial Officer may establish accounts within the
797	trust fund at a level considered necessary for proper
798	accountability. Once an account is established within a trust
799	fund, the Chief Financial Officer may authorize payment from
800	that account only upon determining that there is sufficient cash
801	and releases at the level of the account.
802	2.  In addition to other trust funds created by law, to the
803	extent possible, each agency shall use the following trust funds
804	as described in this subparagraph for day-to-day operations:
805	a.  Operations or operating trust fund, for use as a
806	depository for funds to be used for program operations funded by
807	program revenues, with the exception of administrative
808	activities when the operations or operating trust fund is a
809	proprietary fund.
810	b.  Operations and maintenance trust fund, for use as a
811	depository for client services funded by third-party payors.
812	c.  Administrative trust fund, for use as a depository for
813	funds to be used for management activities that are departmental
814	in nature and funded by indirect cost earnings and assessments
815	against trust funds. Proprietary funds are excluded from the
816	requirement of using an administrative trust fund.
817	d.  Grants and donations trust fund, for use as a
818	depository for funds to be used for allowable grant or donor
819	agreement activities funded by restricted contractual revenue
820	from private and public nonfederal sources.
821	e.  Agency working capital trust fund, for use as a
822	depository for funds to be used pursuant to s. 216.272.
823	f.  Clearing funds trust fund, for use as a depository for
824	funds to account for collections pending distribution to lawful
825	recipients.
826	g.  Federal grant trust fund, for use as a depository for
827	funds to be used for allowable grant activities funded by
828	restricted program revenues from federal sources.
829
830	To the extent possible, each agency must adjust its internal
831	accounting to use existing trust funds consistent with the
832	requirements of this subparagraph. If an agency does not have
833	trust funds listed in this subparagraph and cannot make such
834	adjustment, the agency must recommend the creation of the
835	necessary trust funds to the Legislature no later than the next
836	scheduled review of the agency's trust funds pursuant to s.
837	215.3206.
838	3.  All such moneys are hereby appropriated to be expended
839	in accordance with the law or trust agreement under which they
840	were received, subject always to the provisions of chapter 216
841	relating to the appropriation of funds and to the applicable
842	laws relating to the deposit or expenditure of moneys in the
843	State Treasury.
844	4.a.  Notwithstanding any provision of law restricting the
845	use of trust funds to specific purposes, unappropriated cash
846	balances from selected trust funds may be authorized by the
847	Legislature for transfer to the Budget Stabilization Fund and
848	Working Capital Fund in the General Appropriations Act.
849	b.  This subparagraph does not apply to trust funds
850	required by federal programs or mandates; trust funds
851	established for bond covenants, indentures, or resolutions whose
852	revenues are legally pledged by the state or public body to meet
853	debt service or other financial requirements of any debt
854	obligations of the state or any public body; the State
855	Transportation Trust Fund; the trust fund containing the net
856	annual proceeds from the Florida Education Lotteries; the
857	Florida Retirement System Trust Fund; trust funds under the
858	management of the Board of Regents, where such trust funds are
859	for auxiliary enterprises, self-insurance, and contracts,
860	grants, and donations, as those terms are defined by general
861	law; trust funds that serve as clearing funds or accounts for
862	the Chief Financial Officer or state agencies; trust funds that
863	account for assets held by the state in a trustee capacity as an
864	agent or fiduciary for individuals, private organizations, or
865	other governmental units; and other trust funds authorized by
866	the State Constitution.
867	Section 29.  A section of this act that implements a
868	specific appropriation or specifically identified proviso
869	language in the 2005-2006 General Appropriations Act is void if
870	the specific appropriation or specifically identified proviso
871	language is vetoed. A section of this act that implements more
872	than one specific appropriation or more than one portion of
873	specifically identified proviso language in the 2005-2006
874	General Appropriations Act is void if all the specific
875	appropriations or portions of specifically identified proviso
876	language are vetoed.
877	Section 30.  If any other act passed in 2005 contains a
878	provision that is substantively the same as a provision in this
879	act, but that removes or is otherwise not subject to the future
880	repeal applied to such provision by this act, the Legislature
881	intends that the provision in the other act shall take
882	precedence and shall continue to operate, notwithstanding the
883	future repeal provided by this act.
884	Section 31.  The agency performance measures and standards
885	in the document entitled "Performance Measures and Standards
886	Approved by the Legislature for Fiscal Year 2005-2006" dated
887	April 4, 2005, and filed with the Clerk of the House of
888	Representatives are incorporated by reference. Such performance
889	measures and standards are directly linked to the appropriations
890	made in the General Appropriations Act for fiscal year 2005-
891	2006, as required by the Government Performance and
892	Accountability Act of 1994. State agencies are directed to
893	revise their long-range program plans required under s. 216.013,
894	Florida Statutes, to be consistent with these performance
895	measures and standards.
896	Section 32.  If any provision of this act or its
897	application to any person or circumstance is held invalid, the
898	invalidity does not affect other provisions or applications of
899	the act which can be given effect without the invalid provision
900	or application, and to this end the provisions of this act are
901	severable.
902	Section 33.  Except as otherwise expressly provided in this
903	act, this act shall take effect July 1, 2005; or, if this act
904	fails to become a law until after that date, it shall take
905	effect upon becoming a law and shall operate retroactively to
906	July 1, 2005.

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