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. 932.7055, F.S.;
29	allowing municipalities to reimburse their general funds
30	from moneys they advanced to their own special law
31	enforcement trust funds; amending s. 216.262, F.S.;
32	providing for additional positions to operate additional
33	prison bed capacity under certain circumstances; providing
34	for the transfer of a specified building to the Department
35	of Corrections for additional prison beds; authorizing the
36	Executive Office of the Governor to transfer funds between
37	departments for purposes of aligning amounts paid for risk
38	management premiums and for purposes of aligning amounts
39	paid for human resource management services; amending s.
40	112.061, F.S.; providing for computation of travel time
41	and reimbursement for public officers' and employees'
42	travel; amending s. 376.3071, F.S.; providing for use of
43	funds from the Inland Protection Trust Fund to clean up
44	certain petroleum contaminated sites and to purchase
45	generators for emergency fuel supply; amending s.
46	373.4137, F.S.; providing for water management districts
47	to use specified funds in certain surface water
48	improvement and management or invasive plant control
49	projects; amending s. 120.551, F.S.; continuing Internet
50	publication of certain notices of the Department of
51	Environmental Protection and the Board of Trustees of the
52	Internal Improvement Trust Fund; creating the Florida Pork
53	Producers Transition Grant Program within the Department
54	of Agriculture and Consumer Services; entitling certain
55	persons using farming methods described in the Florida
56	Constitution on a certain date to apply for a grant;
57	providing a cap on such grants and authorizing the
58	department to adopt rules to implement the grant program;
59	amending s. 320.08058, F.S.; authorizing proceeds from the
60	Professional Sports Development Trust Fund to be used for
61	operational expenses of the Florida Sports Foundation and
62	financial support of the Sunshine State Games; amending s.
63	445.048, F.S.; requiring that Workforce Florida, Inc.,
64	expand the Passport to Economic Progress demonstration
65	program to a statewide program; authorizing Workforce
66	Florida, Inc., to designate regional workforce boards to
67	participate in the program; deleting a provision relating
68	to the disregard of income for purposes of determining
69	eligibility for cash assistance; requiring that Workforce
70	Florida, Inc., offer incentive bonuses; providing
71	requirements for such bonuses; providing that such bonuses
72	are not an entitlement; requiring Workforce Florida, Inc.,
73	to submit evaluations and recommendations for the program
74	as part of its annual report to the Legislature; amending
75	s. 253.034, F.S.; authorizing deposit of funds from the
76	sale of property by the Department of Highway Safety and
77	Motor Vehicles located in Palm Beach County; amending s.
78	402.3017, F.S.; requiring the Agency for Workforce
79	Innovation to administer Teacher Education and
80	Compensation Helps (TEACH) scholarship program; amending
81	s. 265.702, F.S.; providing a limit on the annual amount
82	of individual cultural facilities grants; amending s.
83	287.057, F.S.; exempting certain voter education
84	activities from competitive-solicitation requirements;
85	authorizing transfer of certain funds from the courts to
86	the Justice Administrative Commission to meet certain
87	shortfalls in due process appropriations; providing for
88	expenditure of funds from the Working Capital Fund to
89	offset deficiencies in due process services; reenacting s.
90	215.32(2)(b), F.S., relating to the source and use of
91	trust funds; providing for future repeal or expiration of
92	various provisions; providing for reversion of certain
93	provisions; providing effect of veto of specific
94	appropriation or proviso to which implementing language
95	refers; incorporating by reference specified performance
96	measures and standards directly linked to the
97	appropriations made in the 2005-2006 General
98	Appropriations Act, as required by the Government
99	Performance and Accountability Act of 1994; providing
100	severability; providing an effective date.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  It is the intent of the Legislature that the
105	implementing and administering provisions of this act apply to
106	the General Appropriations Act for fiscal year 2005-2006.
107	Section 2.  In order to implement Specific Appropriation 17
108	of the 2005-2006 General Appropriations Act, subsection (7) of
109	section 1013.62, Florida Statutes, is amended to read:
110	1013.62  Charter schools capital outlay funding.--
111	(7)  Notwithstanding the provisions of this section,
112	beginning in the 2003-2004 fiscal year:
113	(a)  If the appropriation for charter school capital outlay
114	funds is no greater than the 2002-2003 appropriation, the funds
115	shall be allocated according to the formula outlined in
116	subsection (1) to:
117	1.  The same schools that received funding in 2002-2003.
118	2.  Schools that are an expanded feeder pattern of schools
119	that received funding in 2002-2003.
120	3.  Schools that have an approved charter and are serving
121	students at the start of the 2003-2004 school year and either
122	incurred long-term financial obligations prior to January 31,
123	2003, or began construction on educational facilities prior to
124	December 31, 2002.
125	(b)  If the appropriation for charter school capital outlay
126	funds is less than the 2002-2003 appropriation, the funds shall
127	be prorated among the schools eligible in paragraph (a).
128	(c)  If the appropriation for charter school capital outlay
129	funds is greater than the 2002-2003 appropriation, the amount of
130	funds provided in the 2002-2003 appropriation shall be allocated
131	according to paragraph (a). First priority for allocating the
132	amount in excess of the 2002-2003 appropriation shall be to
133	prorate the excess funds among the charter schools with long-
134	term debt or long-term lease to the extent that the initial
135	allocation is insufficient to provide one-fifteenth of the cost
136	per student station specified in s. 1013.64(6)(b), and second
137	priority shall be to other eligible charter schools.
138	Section 3.  The amendment of subsection (7) of s. 1013.62,
139	Florida Statutes, by this act shall expire on July 1, 2006, and
140	the text of that section shall revert to that in existence on
141	June 30, 2005, except that any amendments to such text enacted
142	other than by this act shall be preserved and continue to
143	operate to the extent that such amendments are not dependent
144	upon the portions of such text which expire pursuant to the
145	provisions of this act.
146	Section 4.  In order to implement section 11 of the 2005-
147	2006 General Appropriations Act, section 1004.065, Florida
148	Statutes, is created to read:
149	1004.065  Limitation on university and direct-support
150	organization financings.--No project may be financed by or on
151	behalf of a university or a direct-support organization pursuant
152	to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
153	1013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
154	through any financing mechanism, including, but not limited to,
155	revenue bonds, promissory notes, certificates of participation,
156	lease-purchase agreements, or any other form of indebtedness,
157	without prior approval of the project by the Legislature by an
158	act relating to appropriations or general law. This section
159	expires July 1, 2006.
160	Section 5.  In order to implement Specific Appropriations
161	325-328, 332-336, 351, and 354 of the 2005-2006 General
162	Appropriations Act, subsection (8) of section 394.908, Florida
163	Statutes, is amended to read:
164	394.908  Substance abuse and mental health funding equity;
165	distribution of appropriations.--In recognition of the
166	historical inequity among service districts of the former
167	Department of Health and Rehabilitative Services in the funding
168	of substance abuse and mental health services, and in order to
169	rectify this inequity and provide for equitable funding in the
170	future throughout the state, the following funding process shall
171	be adhered to:
172	(8)  For fiscal year 2005-2006 2004-2005 only, and
173	notwithstanding the provisions of this section, all new funds
174	received in excess of fiscal year 2004-2005 2003-2004 recurring
175	appropriations shall be allocated in accordance with the
176	provisions of the General Appropriations Act; however, no
177	district shall receive an allocation of recurring funds less
178	than its initial approved operating budget, plus any
179	distributions of lump sum appropriations or reductions in
180	unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
181	appropriated for projects in specific locations in the General
182	Appropriations Act shall be included in the base funding of the
183	respective district when calculating the distribution of funds
184	under the equity formula. This subsection expires July 1, 2006
185	2005.
186	Section 6.  In order to implement Specific Appropriations
187	395-404 of the 2005-2006 General Appropriations Act, paragraph
188	(b) of subsection (14) of section 287.057, Florida Statutes, is
189	amended to read:
190	287.057  Procurement of commodities or contractual
191	services.--
192	(14)
193	(b)  Notwithstanding paragraph (a), the Department of
194	Children and Family Services may enter into agreements, not to
195	exceed 20 years, with a private provider to finance, design, and
196	construct a treatment facility, as defined in s. 394.455, of at
197	least 200 beds and to operate all aspects of daily operations
198	within the treatment facility. The selected contractor is
199	authorized to sponsor the issuance of tax-exempt certificates of
200	participation or other securities to finance the project, and
201	the state is authorized to enter into a lease-purchase agreement
202	for the treatment facility. The Department of Children and
203	Family Services shall begin the implementation of this
204	privatization initiative by January 1, 2006 2005. This paragraph
205	expires July 1, 2006 2005.
206	Section 7.  In order to implement Specific Appropriation
207	595 of the 2005-2006 General Appropriations Act, subsection (3)
208	of section 381.79, Florida Statutes, is amended to read:
209	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
210	(3)(a)  Annually, 5 percent of the revenues deposited
211	monthly in the fund pursuant to s. 318.21(2)(d) shall be
212	appropriated to the University of Florida and 5 percent to the
213	University of Miami for spinal cord injury and brain injury
214	research. The amount to be distributed to the universities shall
215	be calculated based on the deposits into the fund for each
216	quarter in the fiscal year, but may not exceed $500,000 per
217	university per year. Funds distributed under this subsection
218	shall be made in quarterly payments at the end of each quarter
219	during the fiscal year.
220	(b)  For the 2005-2006 2004-2005 fiscal year only, and
221	notwithstanding paragraph (a), revenues deposited in the fund
222	pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
223	injury and brain injury research at the University of Miami. The
224	amount appropriated in the 2005-2006 2004-2005 General
225	Appropriations Act shall be distributed in equal quarterly
226	payments at the end of each quarter during the fiscal year. This
227	paragraph expires July 1, 2006 2005.
228	Section 8.  In order to implement Specific Appropriations
229	238-404 of the 2005-2006 General Appropriations Act, paragraph
230	(b) of subsection (10) of section 402.33, Florida Statutes, is
231	amended to read:
232	402.33  Department authority to charge fees for services
233	provided.--
234	(10)
235	(b)  For the 2005-2006 2004-2005 fiscal year only, the
236	provisions of paragraph (a) shall not apply. This paragraph
237	expires July 1, 2006 2005.
238	Section 9.  In order to fulfill legislative intent
239	regarding the use of funds contained in Specific Appropriations
240	676, 688, 698, and 1136 of the 2005-2006 General Appropriations
241	Act, the Department of Corrections and the Department of
242	Juvenile Justice may expend appropriated funds to assist in
243	defraying the costs of impacts that are incurred by a
244	municipality or county and associated with opening or operating
245	a facility under the authority of the respective department
246	which is located within that municipality or county. The amount
247	that is to be paid under this section for any facility may not
248	exceed 1 percent of the facility construction cost, less
249	building impact fees imposed by the municipality or by the
250	county if the facility is located in the unincorporated portion
251	of the county. This section expires July 1, 2006.
252	Section 10.  In order to implement Specific Appropriation
253	1201 of the 2005-2006 General Appropriations Act, paragraph (d)
254	is added to subsection (4) of section 932.7055, Florida
255	Statutes, to read:
256	932.7055  Disposition of liens and forfeited property.--
257	(4)  The proceeds from the sale of forfeited property shall
258	be disbursed in the following priority:
259	(d)  Notwithstanding any other provision of this
260	subsection, and for the 2005-2006 fiscal year only, the funds in
261	a special law enforcement trust fund established by the
262	governing body of a municipality may be expended to reimburse
263	the general fund of the municipality for moneys advanced from
264	the general fund to the special law enforcement trust fund prior
265	to October 1, 2001. This paragraph expires July 1, 2006.
266	Section 11.  In order to implement Specific Appropriations
267	666-761 and 797-827 of the 2005-2006 General Appropriations Act,
268	subsection (4) of section 216.262, Florida Statutes, is amended
269	to read:
270	216.262  Authorized positions.--
271	(4)  Notwithstanding the provisions of this chapter on
272	increasing the number of authorized positions, and for the 2005-
273	2006 2004-2005 fiscal year only, if the actual inmate population
274	of the Department of Corrections exceeds the inmate population
275	projections of the February 16, 2005 2004, Criminal Justice
276	Estimating Conference by 1 percent for 2 consecutive months or 2
277	percent for any month, the Executive Office of the Governor,
278	with the approval of the Legislative Budget Commission, shall
279	immediately notify the Criminal Justice Estimating Conference,
280	which shall convene as soon as possible to revise the estimates.
281	The Department of Corrections may then submit a budget amendment
282	requesting the establishment of positions in excess of the
283	number authorized by the Legislature and additional
284	appropriations from the General Revenue Fund or the Working
285	Capital Fund sufficient to provide for essential staff and other
286	resources to provide classification, security, food services,
287	health services, and other variable expenses within the
288	institutions to accommodate the estimated increase in the inmate
289	population. All actions taken pursuant to the authority granted
290	in this subsection shall be subject to review and approval by
291	the Legislative Budget Commission. This subsection expires July
292	1, 2006 2005.
293	Section 12.  In order to implement Specific Appropriation
294	751 of the 2005-2006 General Appropriations Act, the Department
295	of Children and Family Services shall transfer the Tramell
296	Building on the grounds of the Florida State Hospital to the
297	Department of Corrections to be used for 953 additional prison
298	beds.
299	Section 13.  In order to implement the appropriation of
300	funds in Special Categories-Risk Management Insurance of the
301	2005-2006 General Appropriations Act, and pursuant to the
302	notice, review, and objection procedures of s. 216.177, Florida
303	Statutes, the Executive Office of the Governor is authorized to
304	transfer funds appropriated in the appropriation category
305	"Special Categories-Risk Management Insurance" of the 2005-2006
306	General Appropriations Act between departments in order to align
307	the budget authority granted with the premiums paid by each
308	department for risk management insurance. This section expires
309	July 1, 2006.
310	Section 14.  In order to implement the appropriation of
311	funds in Special Categories-Transfer to Department of Management
312	Services-Human Resources Services Purchased Per Statewide
313	Contract of the 2005-2006 General Appropriations Act, and
314	pursuant to the notice, review, and objection procedures of s.
315	216.177, Florida Statutes, the Executive Office of the Governor
316	is authorized to transfer funds appropriated in the
317	appropriation category "Special Categories-Transfer to
318	Department of Management Services-Human Resources Services
319	Purchased Per Statewide Contract" of the 2005-2006 General
320	Appropriations Act between departments in order to align the
321	budget authority granted with the assessments that must be paid
322	by each agency to the Department of Management Services for
323	human resource management services. This section expires July 1,
324	2006.
325	Section 15.  In order to implement sections 2 through 7 of
326	the 2005-2006 General Appropriations Act, paragraph (c) of
327	subsection (5) and paragraph (d) of subsection (6) of section
328	112.061, Florida Statutes, are amended to read:
329	112.061  Per diem and travel expenses of public officers,
330	employees, and authorized persons.--
331	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
332	purposes of reimbursement and methods of calculating fractional
333	days of travel, the following principles are prescribed:
334	(c)  For the 2005-2006 2004-2005 fiscal year only and
335	notwithstanding the other provisions of this subsection, for
336	Class C travel, a state traveler shall not be reimbursed on a
337	per diem basis nor shall a traveler receive subsistence
338	allowance. This paragraph expires July 1, 2006 2005.
339	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
340	purposes of reimbursement rates and methods of calculation, per
341	diem and subsistence allowances are divided into the following
342	groups and rates:
343	(d)  For the 2005-2006 2004-2005 fiscal year only and
344	notwithstanding the other provisions of this subsection, for
345	Class C travel, a state traveler shall not be reimbursed on a
346	per diem basis nor shall a traveler receive subsistence
347	allowance. This paragraph expires July 1, 2006 2005.
348	Section 16.  In order to implement Specific Appropriation
349	1742, subsection (14) is added to section 376.3071, Florida
350	Statutes, to read:
351	376.3071  Inland Protection Trust Fund; creation; purposes;
352	funding.--
353	(14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
354	YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
355	2005-2006 fiscal year only funds from the Inland Protection
356	Trust Fund may be used to clean up petroleum contaminated sites
357	registered in a state-funded program that have been identified
358	as viable affordable housing sites by the Department of
359	Community Affairs together with local governments and may be
360	used to purchase generators for emergency fuel supply. This
361	subsection expires July 1, 2006.
362	Section 17.  In order to implement Specific Appropriation
363	1590 of the 2005-2006 General Appropriations Act, paragraph (c)
364	of subsection (4) of section 373.4137, Florida Statutes, is
365	amended to read:
366	373.4137  Mitigation requirements.--
367	(4)  Prior to December 1 of each year, each water
368	management district, in consultation with the Department of
369	Environmental Protection, the United States Army Corps of
370	Engineers, the Department of Transportation, transportation
371	authorities established pursuant to chapter 348 or chapter 349,
372	and other appropriate federal, state, and local governments, and
373	other interested parties, including entities operating
374	mitigation banks, shall develop a plan for the primary purpose
375	of complying with the mitigation requirements adopted pursuant
376	to this part and 33 U.S.C. s. 1344. This plan shall also address
377	significant invasive plant problems within wetlands and other
378	surface waters. In developing such plans, the districts shall
379	utilize sound ecosystem management practices to address
380	significant water resource needs and shall focus on activities
381	of the Department of Environmental Protection and the water
382	management districts, such as surface water improvement and
383	management (SWIM) waterbodies and lands identified for potential
384	acquisition for preservation, restoration, and enhancement, to
385	the extent that such activities comply with the mitigation
386	requirements adopted under this part and 33 U.S.C. s. 1344. In
387	determining the activities to be included in such plans, the
388	districts shall also consider the purchase of credits from
389	public or private mitigation banks permitted under s. 373.4136
390	and associated federal authorization and shall include such
391	purchase as a part of the mitigation plan when such purchase
392	would offset the impact of the transportation project, provide
393	equal benefits to the water resources than other mitigation
394	options being considered, and provide the most cost-effective
395	mitigation option. The mitigation plan shall be preliminarily
396	approved by the water management district governing board and
397	shall be submitted to the secretary of the Department of
398	Environmental Protection for review and final approval. The
399	preliminary approval by the water management district governing
400	board does not constitute a decision that affects substantial
401	interests as provided by s. 120.569. At least 30 days prior to
402	preliminary approval, the water management district shall
403	provide a copy of the draft mitigation plan to any person who
404	has requested a copy.
405	(c)  Surface water improvement and management or invasive
406	plant control projects undertaken using the $12 million advance
407	transferred from the Department of Transportation to the
408	Department of Environmental Protection in fiscal year 1996-1997
409	which meet the requirements for mitigation under this part and
410	33 U.S.C. s. 1344 shall remain available for mitigation until
411	the $12 million is fully credited up to and including fiscal
412	year 2006-2007 2005-2006. When these projects are used as
413	mitigation, the $12 million advance shall be reduced by $75,000
414	per acre of impact mitigated. For any fiscal year through and
415	including fiscal year 2006-2007 2005-2006, to the extent the
416	cost of developing and implementing the mitigation plans is less
417	than the amount transferred pursuant to subsection (3), the
418	difference shall be credited towards the $12 million advance.
419	Except as provided in this paragraph, any funds not directed to
420	implement the mitigation plan should, to the greatest extent
421	possible, be directed to fund invasive plant control within
422	wetlands and other surface waters.
423	Section 18.  In order to implement Specific Appropriation
424	1690 of the 2004-2005 General Appropriations Act, subsection (3)
425	of section 120.551, Florida Statutes, is amended to read:
426	120.551  Internet publication.--
427	(3)  This section is repealed effective July 1, 2006 2005,
428	unless reviewed and reenacted by the Legislature before that
429	date.
430	Section 19.  (1)  In order to implement Specific
431	Appropriation 1453A of the 2005-2006 General Appropriations Act,
432	there is hereby created the Florida Pork Producers Transition
433	Grant Program within the Department of Agriculture and Consumer
434	Services to provide assistance to any person or persons or
435	entities that were using farming methods described in Article X,
436	Section 21 of the Florida Constitution on November 5, 2002. The
437	purpose of the program is to assist Florida pork producers in
438	reducing encumbered debt on stranded investment in equipment and
439	in transitioning into other farming or agriculture activities.
440	(2)  Any person or persons or entities that were using
441	farming methods described in Article X, Section 21 of the
442	Florida Constitution on November 5, 2002, are entitled to apply
443	for a grant from the program if that person or entity signs a
444	letter of intent to cease or has ceased using farming methods
445	described in Article X, Section 21 of the Florida Constitution
446	on land within this state and agrees in writing to continue to
447	use the land as actively engaged in an agricultural or farming
448	activity other than pork production until at least November
449	2008.
450	(3)  The department shall provide grants of not more than
451	$275,000 to each person or persons or entities who meet the
452	criteria for the program and who enter into such a letter of
453	intent with the department, on a first-come first-served basis;
454	provided that the application for the grant is made on or before
455	December 29, 2005. The department may adopt rules to implement
456	the Florida Pork Producers Transition Grant Program.
457	(4)  This section expires July 1, 2006.
458	Section 20.  In order to implement Specific Appropriation
459	2501 of the 2005-2006 General Appropriations Act, paragraph (b)
460	of subsection (9) of section 320.08058, Florida Statutes, is
461	amended to read:
462	320.08058  Specialty license plates.--
463	(9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
464	(b)  The license plate annual use fees are to be annually
465	distributed as follows:
466	1.  Fifty-five percent of the proceeds from the Florida
467	Professional Sports Team plate must be deposited into the
468	Professional Sports Development Trust Fund within the Office of
469	Tourism, Trade, and Economic Development. These funds must be
470	used solely to attract and support major sports events in this
471	state. As used in this subparagraph, the term "major sports
472	events" means, but is not limited to, championship or all-star
473	contests of Major League Baseball, the National Basketball
474	Association, the National Football League, the National Hockey
475	League, the men's and women's National Collegiate Athletic
476	Association Final Four basketball championship, or a horseracing
477	or dogracing Breeders' Cup. All funds must be used to support
478	and promote major sporting events, and the uses must be approved
479	by the Florida Sports Foundation.
480	2.  The remaining proceeds of the Florida Professional
481	Sports Team license plate must be allocated to the Florida
482	Sports Foundation, a direct-support organization of the Office
483	of Tourism, Trade, and Economic Development. These funds must be
484	deposited into the Professional Sports Development Trust Fund
485	within the Office of Tourism, Trade, and Economic Development.
486	These funds must be used by the Florida Sports Foundation to
487	promote the economic development of the sports industry; to
488	distribute licensing and royalty fees to participating
489	professional sports teams; to promote education programs in
490	Florida schools that provide an awareness of the benefits of
491	physical activity and nutrition standards; to partner with the
492	Department of Education and the Department of Health to develop
493	a program that recognizes schools whose students demonstrate
494	excellent physical fitness or fitness improvement; to institute
495	a grant program for communities bidding on minor sporting events
496	that create an economic impact for the state; to distribute
497	funds to Florida-based charities designated by the Florida
498	Sports Foundation and the participating professional sports
499	teams; and to fulfill the sports promotion responsibilities of
500	the Office of Tourism, Trade, and Economic Development.
501	3.  The Florida Sports Foundation shall provide an annual
502	financial audit in accordance with s. 215.981 of its financial
503	accounts and records by an independent certified public
504	accountant pursuant to the contract established by the Office of
505	Tourism, Trade, and Economic Development as specified in s.
506	288.1229(5). The auditor shall submit the audit report to the
507	Office of Tourism, Trade, and Economic Development for review
508	and approval. If the audit report is approved, the office shall
509	certify the audit report to the Auditor General for review.
510	4.  For the 2005-2006 2004-2005 fiscal year only and
511	notwithstanding the provisions of subparagraphs 1. and 2.,
512	proceeds from the Professional Sports Development Trust Fund may
513	also be used for operational expenses of the Florida Sports
514	Foundation and financial support of the Sunshine State Games.
515	This subparagraph expires July 1, 2006 2005.
516	Section 21.  In order to implement Specific Appropriation
517	2121 of the 2005-2006 General Appropriations Act, section
518	445.048, Florida Statutes, as amended by section 53 of chapter
519	2004-269, Laws of Florida, is amended to read:
520	445.048  Passport to Economic Progress demonstration
521	program.--
522	(1)  AUTHORIZATION.--Notwithstanding any law to the
523	contrary, Workforce Florida, Inc., in conjunction with the
524	Department of Children and Family Services and the Agency for
525	Workforce Innovation, shall implement a Passport to Economic
526	Progress demonstration program by November 1, 2001, consistent
527	with the provisions of this section in Hillsborough and Manatee
528	counties. Workforce Florida, Inc., may designate regional
529	workforce boards to participate in the program. Expenses for the
530	program may come from appropriated revenues or from funds
531	otherwise available to a regional workforce board which may be
532	legally used for such purposes. Workforce Florida, Inc., must
533	consult with the applicable regional workforce boards and the
534	applicable local offices of the Department of Children and
535	Family Services which serve the demonstration areas and must
536	encourage community input into the implementation process.
537	(2)  WAIVERS.--If Workforce Florida, Inc., in consultation
538	with the Department of Children and Family Services, finds that
539	federal waivers would facilitate implementation of the
540	demonstration program, the department shall immediately request
541	such waivers, and Workforce Florida, Inc., shall report to the
542	Governor, the President of the Senate, and the Speaker of the
543	House of Representatives if any refusal of the federal
544	government to grant such waivers prevents the implementation of
545	the demonstration program. If Workforce Florida, Inc., finds
546	that federal waivers to provisions of the Food Stamp Program
547	would facilitate implementation of the demonstration program,
548	the Department of Children and Family Services shall immediately
549	request such waivers in accordance with s. 414.175.
550	(3)  INCOME DISREGARD.--In order to provide an additional
551	incentive for employment, and notwithstanding the amount
552	specified in s. 414.095(12), for individuals residing in the
553	areas designated for this demonstration program, the first $300
554	plus one-half of the remainder of earned income shall be
555	disregarded in determining eligibility for temporary cash
556	assistance. All other conditions and requirements of s.
557	414.095(12) shall continue to apply to such individuals.
558	(3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
559	assist them in making the transition to economic
560	self-sufficiency, former recipients of temporary cash assistance
561	residing within the areas designated for this demonstration
562	program shall be eligible for the following benefits and
563	services:
564	(a)  Notwithstanding the time period specified in s.
565	445.030, transitional education and training support services as
566	specified in s. 445.030 for up to 4 years after the family is no
567	longer receiving temporary cash assistance;
568	(b)  Notwithstanding the time period specified in s.
569	445.031, transitional transportation support services as
570	specified in s. 445.031 for up to 4 years after the family is no
571	longer receiving temporary cash assistance; and
572	(c)  Notwithstanding the time period specified in s.
573	445.032, transitional child care as specified in s. 445.032 for
574	up to 4 years after the family is no longer receiving temporary
575	cash assistance.
576
577	All other provisions of ss. 445.030, 445.031, and 445.032 shall
578	apply to such individuals, as appropriate. This subsection does
579	not constitute an entitlement to transitional benefits and
580	services. If funds are insufficient to provide benefits and
581	services under this subsection, the board of directors of
582	Workforce Florida, Inc., or its agent, may limit such benefits
583	and services or otherwise establish priorities for the
584	provisions of such benefits and services.
585	(4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
586	SUPPLEMENTATION.--
587	(a)  The Legislature finds that:
588	1.  There are former recipients of temporary cash
589	assistance who are working full time but whose incomes are below
590	the federal poverty level.
591	2.  Having incomes below the federal poverty level makes
592	such individuals particularly vulnerable to reliance on public
593	assistance despite their best efforts to achieve or maintain
594	economic independence through employment.
595	3.  It is necessary to implement a performance-based
596	program that defines economic incentives for achieving specific
597	benchmarks toward self-sufficiency while the individual is
598	working full-time supplement the wages of such individuals for a
599	limited period of time in order to assist them in fulfilling the
600	transition to economic self-sufficiency.
601	(b)  Workforce Florida, Inc., in cooperation with the
602	Department of Children and Family Services and the Agency for
603	Workforce Innovation, shall offer performance-based incentive
604	bonuses create a transitional wage supplementation program by
605	November 1, 2001, as a component of the Passport to Economic
606	Progress demonstration program in the areas designated for the
607	demonstration program. This wage supplementation program does
608	not constitute an entitlement to wage supplementation. The
609	bonuses do not represent a program entitlement and shall be
610	contingent on achieving specific benchmarks prescribed in the
611	self-sufficiency plan. If the funds appropriated for this
612	purpose are insufficient to provide this financial incentive
613	wage supplementation, the board of directors of Workforce
614	Florida, Inc., may reduce or suspend the bonuses in order not to
615	exceed the appropriation or may direct the regional boards to
616	use resources otherwise given to the regional workforce to pay
617	such bonuses if such payments comply with applicable state and
618	federal laws limit wage supplementation or otherwise establish
619	priorities for wage supplementation.
620	(c)  To be eligible for an incentive bonus wage
621	supplementation under this subsection, an individual must:
622	1.  Be a former recipient of temporary cash assistance who
623	last received such assistance on or after January 1, 2000;
624	2.  Be employed full time, which for the purposes of this
625	subsection means employment averaging at least 32 hours per
626	week, until the United States Congress enacts legislation
627	reauthorizing the Temporary Assistance for Needy Families block
628	grant and, after the reauthorization, means employment complying
629	with the employment requirements of the reauthorization; and
630	3.  Have an average family income for the 6 months
631	preceding the date of application for an incentive bonus wage
632	supplementation which is less than 200 100 percent of the
633	federal poverty level.
634	(d)  Workforce Florida, Inc., shall determine the schedule
635	for the payment of wage supplementation under this subsection.
636	An individual eligible for wage supplementation under this
637	subsection may receive a payment that equals the amount
638	necessary to bring the individual's total family income for the
639	period covered by the payment to 100 percent of the federal
640	poverty level. An individual may not receive wage
641	supplementation payments for more than a total of 12 months.
642	(e)  The wage supplementation program authorized by this
643	subsection shall be administered through the regional workforce
644	boards and the one-stop delivery system, under policy
645	guidelines, criteria, and applications developed by Workforce
646	Florida, Inc., in cooperation with the Department of Children
647	and Family Services and the Agency for Workforce Innovation. To
648	the maximum extent possible, the regional workforce boards shall
649	use electronic debit card technologies to provide wage
650	supplementation payments under this program.
651	(5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
652	Florida, Inc., in conjunction with the Department of Children
653	and Family Services, the Agency for Workforce Innovation, and
654	the regional workforce boards in the areas designated for this
655	demonstration program, shall conduct a comprehensive evaluation
656	of the effectiveness of the demonstration program operated under
657	this section. Evaluations and recommendations for the program
658	shall be submitted by Workforce Florida, Inc., as part of its
659	annual report to the Legislature. By January 1, 2003, Workforce
660	Florida, Inc., shall submit a report on such evaluation to the
661	Governor, the President of the Senate, and the Speaker of the
662	House of Representatives. The report must include
663	recommendations as to whether the demonstration program should
664	be expanded to other service areas or statewide and whether the
665	program should be revised to enhance its administration or
666	effectiveness.
667	(6)(7)  CONFLICTS.--If there is a conflict between the
668	implementation procedures described in this section and federal
669	requirements and regulations, federal requirements and
670	regulations shall control.
671	Section 22.  The amendment of s. 445.048, Florida Statutes,
672	by this act shall expire on July 1, 2006, and the text of that
673	section shall revert to that in existence on June 30, 2005,
674	except that any amendments to such text enacted other than by
675	this act shall be preserved and continue to operate to the
676	extent that such amendments are not dependent upon the portions
677	of such text which expire pursuant to the provisions of this
678	act.
679	Section 23.  In order to implement section 31 of the 2005-
680	2006 General Appropriations Act, subsection (13) of section
681	253.034, Florida Statutes, is amended to read:
682	253.034  State-owned lands; uses.--
683	(13)  Notwithstanding the provisions of this section, funds
684	from the sale of property by the Department of Highway Safety
685	and Motor Vehicles located in Palm Beach County and Orange
686	Counties are authorized to be deposited into the Highway Safety
687	Operating Trust Fund to facilitate the exchange as provided in
688	the General Appropriations Act, provided that at the conclusion
689	of both exchanges the values are equalized. This subsection
690	expires July 1, 2006 2005.
691	Section 24.  In order to implement proviso language in
692	Specific Appropriation 2162G of the 2005-2006 General
693	Appropriations Act, subsection (4) of section 402.3017, Florida
694	Statutes, is amended to read:
695	402.3017  Teacher Education and Compensation Helps (TEACH)
696	scholarship program.--
697	(4)  For the 2005-2006 2004-2005 fiscal year only, the
698	Agency for Workforce Innovation shall administer this section.
699	This subsection expires July 1, 2006 2005.
700	Section 25.  In order to implement Specific Appropriation
701	2982B of the 2005-2006 General Appropriations Act, paragraph (b)
702	of subsection (7) of section 265.702, Florida Statutes, is
703	amended to read:
704	265.702  Regional cultural facilities; grants for
705	acquisition, renovation, or construction; funding; approval;
706	allocation.--
707	(7)
708	(b)  For the 2005-2006 2004-2005 fiscal year only, the
709	annual amount of a grant made under this section may not exceed
710	the amount specified in the General Appropriations Act or the
711	amount specified in paragraph (a), whichever is less. This
712	paragraph expires July 1, 2006 2005.
713	Section 26.  In order to implement Specific Appropriation
714	2930 of the 2005-2006 General Appropriations Act, paragraph (f)
715	of subsection (5) of section 287.057, Florida Statutes, is
716	amended to read:
717	287.057  Procurement of commodities or contractual
718	services.--
719	(5)  When the purchase price of commodities or contractual
720	services exceeds the threshold amount provided in s. 287.017 for
721	CATEGORY TWO, no purchase of commodities or contractual services
722	may be made without receiving competitive sealed bids,
723	competitive sealed proposals, or competitive sealed replies
724	unless:
725	(f)  The following contractual services and commodities are
726	not subject to the competitive-solicitation requirements of this
727	section:
728	1.  Artistic services.
729	2.  Academic program reviews.
730	3.  Lectures by individuals.
731	4.  Auditing services.
732	5.  Legal services, including attorney, paralegal, expert
733	witness, appraisal, or mediator services.
734	6.  Health services involving examination, diagnosis,
735	treatment, prevention, medical consultation, or administration.
736	7.  Services provided to persons with mental or physical
737	disabilities by not-for-profit corporations which have obtained
738	exemptions under the provisions of s. 501(c)(3) of the United
739	States Internal Revenue Code or when such services are governed
740	by the provisions of Office of Management and Budget Circular A-
741	122. However, in acquiring such services, the agency shall
742	consider the ability of the vendor, past performance,
743	willingness to meet time requirements, and price.
744	8.  Medicaid services delivered to an eligible Medicaid
745	recipient by a health care provider who has not previously
746	applied for and received a Medicaid provider number from the
747	Agency for Health Care Administration. However, this exception
748	shall be valid for a period not to exceed 90 days after the date
749	of delivery to the Medicaid recipient and shall not be renewed
750	by the agency.
751	9.  Family placement services.
752	10.  Prevention services related to mental health,
753	including drug abuse prevention programs, child abuse prevention
754	programs, and shelters for runaways, operated by not-for-profit
755	corporations. However, in acquiring such services, the agency
756	shall consider the ability of the vendor, past performance,
757	willingness to meet time requirements, and price.
758	11.  Training and education services provided to injured
759	employees pursuant to s. 440.491(6).
760	12.  Contracts entered into pursuant to s. 337.11.
761	13.  Services or commodities provided by governmental
762	agencies.
763	14.  Voter education activities of the Department of State
764	or the supervisors of elections funded by Specific Appropriation
765	2930 2871H of the 2005-2006 2004-2005 General Appropriations
766	Act, either individually or in the aggregate or with their
767	respective professional associations. This subparagraph expires
768	July 1, 2006 2005.
769	Section 27.  In order to implement Specific Appropriation
770	2999 of the 2005-2006 General Appropriations Act, and pursuant
771	to the notice, review, and objection procedures of s. 216.177,
772	Florida Statutes, funds in Specific Appropriation 2999 of the
773	2005-2006 General Appropriations Act may be transferred from the
774	courts to the Justice Administrative Commission in order to
775	address unanticipated shortfalls in due process services
776	appropriations in excess of the contingency fund provided in
777	Specific Appropriation 2999 of the 2005-2006 General
778	Appropriations Act. This section expires July 1, 2006.
779	Section 28.  In order to implement Specific Appropriations
780	836, 837, 839, 840, and 3020 of the 2005-2006 General
781	Appropriations Act, if a deficit is projected by the Justice
782	Administrative Commission or the state courts in any specific
783	appropriation provided for due process services, the Governor or
784	the Chief Justice of the Supreme Court, respectively, may submit
785	a budget amendment for consideration by the Legislative Budget
786	Commission to authorize the expenditure of funds from the
787	Working Capital Fund to offset such deficiency. Any budget
788	amendment submitted by the Governor to the Legislative Budget
789	Commission shall contain certification by the Justice
790	Administrative Commission that all actions required by s.
791	29.015, Florida Statutes, have been completed and that no funds
792	exist in any contingency fund appropriation available to the
793	entity projected to experience the deficiency. Any budget
794	amendment submitted by the Supreme Court shall contain
795	certification that the court has completed all actions required
796	by s. 29.016, Florida Statutes, and that no funds exist in any
797	contingency fund available to the state courts system. This
798	section expires July 1, 2006.
799	Section 29.  In order to implement the transfer of moneys
800	to the Working Capital Fund from trust funds in the 2005-2006
801	General Appropriations Act, paragraph (b) of subsection (2) of
802	section 215.32, Florida Statutes, is reenacted to read:
803	215.32  State funds; segregation.--
804	(2)  The source and use of each of these funds shall be as
805	follows:
806	(b)1.  The trust funds shall consist of moneys received by
807	the state which under law or under trust agreement are
808	segregated for a purpose authorized by law. The state agency or
809	branch of state government receiving or collecting such moneys
810	shall be responsible for their proper expenditure as provided by
811	law. Upon the request of the state agency or branch of state
812	government responsible for the administration of the trust fund,
813	the Chief Financial Officer may establish accounts within the
814	trust fund at a level considered necessary for proper
815	accountability. Once an account is established within a trust
816	fund, the Chief Financial Officer may authorize payment from
817	that account only upon determining that there is sufficient cash
818	and releases at the level of the account.
819	2.  In addition to other trust funds created by law, to the
820	extent possible, each agency shall use the following trust funds
821	as described in this subparagraph for day-to-day operations:
822	a.  Operations or operating trust fund, for use as a
823	depository for funds to be used for program operations funded by
824	program revenues, with the exception of administrative
825	activities when the operations or operating trust fund is a
826	proprietary fund.
827	b.  Operations and maintenance trust fund, for use as a
828	depository for client services funded by third-party payors.
829	c.  Administrative trust fund, for use as a depository for
830	funds to be used for management activities that are departmental
831	in nature and funded by indirect cost earnings and assessments
832	against trust funds. Proprietary funds are excluded from the
833	requirement of using an administrative trust fund.
834	d.  Grants and donations trust fund, for use as a
835	depository for funds to be used for allowable grant or donor
836	agreement activities funded by restricted contractual revenue
837	from private and public nonfederal sources.
838	e.  Agency working capital trust fund, for use as a
839	depository for funds to be used pursuant to s. 216.272.
840	f.  Clearing funds trust fund, for use as a depository for
841	funds to account for collections pending distribution to lawful
842	recipients.
843	g.  Federal grant trust fund, for use as a depository for
844	funds to be used for allowable grant activities funded by
845	restricted program revenues from federal sources.
846
847	To the extent possible, each agency must adjust its internal
848	accounting to use existing trust funds consistent with the
849	requirements of this subparagraph. If an agency does not have
850	trust funds listed in this subparagraph and cannot make such
851	adjustment, the agency must recommend the creation of the
852	necessary trust funds to the Legislature no later than the next
853	scheduled review of the agency's trust funds pursuant to s.
854	215.3206.
855	3.  All such moneys are hereby appropriated to be expended
856	in accordance with the law or trust agreement under which they
857	were received, subject always to the provisions of chapter 216
858	relating to the appropriation of funds and to the applicable
859	laws relating to the deposit or expenditure of moneys in the
860	State Treasury.
861	4.a.  Notwithstanding any provision of law restricting the
862	use of trust funds to specific purposes, unappropriated cash
863	balances from selected trust funds may be authorized by the
864	Legislature for transfer to the Budget Stabilization Fund and
865	Working Capital Fund in the General Appropriations Act.
866	b.  This subparagraph does not apply to trust funds
867	required by federal programs or mandates; trust funds
868	established for bond covenants, indentures, or resolutions whose
869	revenues are legally pledged by the state or public body to meet
870	debt service or other financial requirements of any debt
871	obligations of the state or any public body; the State
872	Transportation Trust Fund; the trust fund containing the net
873	annual proceeds from the Florida Education Lotteries; the
874	Florida Retirement System Trust Fund; trust funds under the
875	management of the Board of Regents, where such trust funds are
876	for auxiliary enterprises, self-insurance, and contracts,
877	grants, and donations, as those terms are defined by general
878	law; trust funds that serve as clearing funds or accounts for
879	the Chief Financial Officer or state agencies; trust funds that
880	account for assets held by the state in a trustee capacity as an
881	agent or fiduciary for individuals, private organizations, or
882	other governmental units; and other trust funds authorized by
883	the State Constitution.
884	Section 30.  A section of this act that implements a
885	specific appropriation or specifically identified proviso
886	language in the 2005-2006 General Appropriations Act is void if
887	the specific appropriation or specifically identified proviso
888	language is vetoed. A section of this act that implements more
889	than one specific appropriation or more than one portion of
890	specifically identified proviso language in the 2005-2006
891	General Appropriations Act is void if all the specific
892	appropriations or portions of specifically identified proviso
893	language are vetoed.
894	Section 31.  If any other act passed in 2005 contains a
895	provision that is substantively the same as a provision in this
896	act, but that removes or is otherwise not subject to the future
897	repeal applied to such provision by this act, the Legislature
898	intends that the provision in the other act shall take
899	precedence and shall continue to operate, notwithstanding the
900	future repeal provided by this act.
901	Section 32.  The agency performance measures and standards
902	in the document entitled "Performance Measures and Standards
903	Approved by the Legislature for Fiscal Year 2005-2006" dated
904	April 4, 2005, and filed with the Clerk of the House of
905	Representatives are incorporated by reference. Such performance
906	measures and standards are directly linked to the appropriations
907	made in the General Appropriations Act for fiscal year 2005-
908	2006, as required by the Government Performance and
909	Accountability Act of 1994. State agencies are directed to
910	revise their long-range program plans required under s. 216.013,
911	Florida Statutes, to be consistent with these performance
912	measures and standards.
913	Section 33.  If any provision of this act or its
914	application to any person or circumstance is held invalid, the
915	invalidity does not affect other provisions or applications of
916	the act which can be given effect without the invalid provision
917	or application, and to this end the provisions of this act are
918	severable.
919	Section 34.  Except as otherwise expressly provided in this
920	act, this act shall take effect July 1, 2005; or, if this act
921	fails to become a law until after that date, it shall take
922	effect upon becoming a law and shall operate retroactively to
923	July 1, 2005.

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