Senate Bill sb0004Ce1
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  1                      A bill to be entitled
  2         An act implementing the 2001-2002 supplemental
  3         appropriations act; providing legislative
  4         intent; amending s. 216.023, F.S.; providing
  5         directives for executive agencies and the
  6         judicial branch in adjusting performance
  7         measures and standards to respond to budgetary
  8         modifications; reenacting s. 215.32(2)(b),
  9         F.S., to implement the transfer of moneys to
10         the Working Capital Fund from certain trust
11         funds; providing a directive to the Department
12         of Juvenile Justice; amending s. 16.555, F.S.;
13         providing for the use of the Crime Stoppers
14         Trust Fund; amending s. 860.158, F.S.;
15         providing directives for the use of moneys in
16         the Florida Motor Vehicle Theft Prevention
17         Trust Fund; amending s. 339.135, F.S.;
18         requiring adjustment of the adopted work
19         program of the Department of Transportation to
20         include certain economic stimulus projects;
21         amending s. 44.108, F.S.; providing for use of
22         moneys in the state mediation and arbitration
23         trust fund; limiting the use of funds for
24         state-employee travel; requiring state agencies
25         to pursue authorization from the Legislative
26         Budget Commission to renegotiate contracts;
27         requiring the Governor to furnish a copy of his
28         recommended balanced budget to members of the
29         Legislature; requiring the State Board of
30         Administration and boards operating under the
31         authority of the state to refinance certain
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  1         bonds; requiring a report to the Legislature;
  2         providing for school district flexibility in
  3         the 2001-2002 fiscal year expenditure of
  4         specified funds appropriated in ch. 2001-253,
  5         Laws of Florida; providing for reports;
  6         delaying the requirement in s. 230.23, F.S.,
  7         that the adopted school board budget include a
  8         reserve for funding a supplement; delaying the
  9         requirement in s. 235.061, F.S., relating to
10         relocatables for long-term use; delaying the
11         requirement in s. 235.062, F.S., relating to
12         relocatable facilities; establishing conditions
13         for certain spending authority; providing for
14         repeal; providing effect of veto of specific
15         appropriation or proviso to which implementing
16         language refers; providing severability;
17         providing an effective date.
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19  Be It Enacted by the Legislature of the State of Florida:
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21         Section 1.  It is the intent of the Legislature that
22  the implementing and administering provisions of this act
23  apply to the act making appropriations and reductions in
24  appropriations for the 2001-2002 state fiscal year.
25         Section 2.  In order to implement reductions and other
26  changes in appropriations for the 2001-2002 fiscal year made
27  by Senate Bill 2-C, subsection (14) is added to section
28  216.023, Florida Statutes, to read:
29         216.023  Legislative budget requests to be furnished to
30  Legislature by agencies.--
31         (14)  For the 2001-2002 fiscal year only:
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  1         (a)  By January 15, 2002, executive agencies shall
  2  submit to the Executive Office of the Governor adjustments to
  3  their performance measures and standards necessitated by
  4  reductions and other changes by the Legislature to 2001-2002
  5  appropriations. Review, revision, and approval of such
  6  adjustments shall be conducted pursuant to the requirements of
  7  subsection (7).
  8         (b)  By January 15, 2002, the judicial branch shall
  9  make adjustments to any performance measures and standards
10  necessitated by reductions and other changes by the
11  Legislature to 2001-2002 appropriations. Review, revision, and
12  approval of such adjustments shall be conducted pursuant to
13  the requirements of subsection (9).
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15  This subsection expires July 1, 2002.
16         Section 3.  In order to implement the transfer of
17  moneys to the Working Capital Fund from trust funds, paragraph
18  (b) of subsection (2) of section 215.32, Florida Statutes, is
19  reenacted to read:
20         215.32  State funds; segregation.--
21         (2)  The source and use of each of these funds shall be
22  as follows:
23         (b)1.  The trust funds shall consist of moneys received
24  by the state which under law or under trust agreement are
25  segregated for a purpose authorized by law.  The state agency
26  or branch of state government receiving or collecting such
27  moneys shall be responsible for their proper expenditure as
28  provided by law.  Upon the request of the state agency or
29  branch of state government responsible for the administration
30  of the trust fund, the Comptroller may establish accounts
31  within the trust fund at a level considered necessary for
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  1  proper accountability. Once an account is established within a
  2  trust fund, the Comptroller may authorize payment from that
  3  account only upon determining that there is sufficient cash
  4  and releases at the level of the account.
  5         2.  In order to maintain a minimum number of trust
  6  funds in the State Treasury, each state agency or the judicial
  7  branch may consolidate, if permitted under the terms and
  8  conditions of their receipt, the trust funds administered by
  9  it; provided, however, the agency or judicial branch employs
10  effectively a uniform system of accounts sufficient to
11  preserve the integrity of such trust funds; and provided,
12  further, that consolidation of trust funds is approved by the
13  Governor or the Chief Justice.
14         3.  All such moneys are hereby appropriated to be
15  expended in accordance with the law or trust agreement under
16  which they were received, subject always to the provisions of
17  chapter 216 relating to the appropriation of funds and to the
18  applicable laws relating to the deposit or expenditure of
19  moneys in the State Treasury.
20         4.a.  Notwithstanding any provision of law restricting
21  the use of trust funds to specific purposes, unappropriated
22  cash balances from selected trust funds may be authorized by
23  the Legislature for transfer to the Budget Stabilization Fund
24  and Working Capital Fund in the General Appropriations Act.
25         b.  This subparagraph does not apply to trust funds
26  required by federal programs or mandates; trust funds
27  established for bond covenants, indentures, or resolutions
28  whose revenues are legally pledged by the state or public body
29  to meet debt service or other financial requirements of any
30  debt obligations of the state or any public body; the State
31  Transportation Trust Fund; the trust fund containing the net
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  1  annual proceeds from the Florida Education Lotteries; the
  2  Florida Retirement System Trust Fund; trust funds under the
  3  management of the Board of Regents, where such trust funds are
  4  for auxiliary enterprises, self-insurance, and contracts,
  5  grants, and donations, as those terms are defined by general
  6  law; trust funds that serve as clearing funds or accounts for
  7  the Comptroller or state agencies; trust funds that account
  8  for assets held by the state in a trustee capacity as an agent
  9  or fiduciary for individuals, private organizations, or other
10  governmental units; and other trust funds authorized by the
11  State Constitution.
12         Section 4.  In order to implement Specific
13  Appropriation 345 of Senate Bill 2-C and notwithstanding any
14  proviso contained in Specific Appropriation 1235 of chapter
15  2001-253, Laws of Florida, if Federal Title IV-E earnings do
16  not materialize, the Department of Juvenile Justice is
17  directed not to transfer general revenue funds from Specific
18  Appropriation 1200 to Specific Appropriation 1235.
19         Section 5.  In order to implement Specific
20  Appropriation 358 of Senate Bill 2-C, subsection (3) of
21  section 16.555, Florida Statutes, is amended to read:
22         16.555  Crime Stoppers Trust Fund; rulemaking.--
23         (3)(a)  The department shall establish a trust fund for
24  the purpose of grant administration to fund Crime Stoppers and
25  their crime fighting programs within the units of a local
26  government of the state.
27         (b)  For the 2001-2002 state fiscal year only, and
28  notwithstanding any provision of this section to the contrary,
29  moneys in the trust fund may also be used to pay for salaries
30  and benefits and other expenses of the department.  This
31  paragraph expires July 1, 2002.
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  1         Section 6.  In order to implement Specific
  2  Appropriations 358 and 361 of Senate Bill 2-C, subsection (2)
  3  of section 860.158, Florida Statutes, is amended to read:
  4         860.158  Florida Motor Vehicle Theft Prevention Trust
  5  Fund.--
  6         (2)(a)  Money in the trust fund shall be expended as
  7  follows:
  8         1.(a)  To pay the authority's cost to administer the
  9  board and the trust fund.
10         2.(b)  To achieve the purposes and objectives of this
11  act, which may include, but not be limited to, the following:
12         a.1.  To provide financial support to law enforcement
13  and correctional agencies, prosecutors, and the judiciary for
14  programs designed to reduce motor vehicle theft and to improve
15  the administration of motor vehicle theft laws.
16         b.2.  To provide financial support for federal and
17  state agencies, units of local government, corporations, and
18  neighborhood, community, or business organizations for
19  programs designed to reduce motor vehicle theft and to improve
20  the administration of motor vehicle theft laws.
21         c.3.  To provide financial support to conduct programs
22  designed to inform owners of motor vehicles about the
23  financial and social cost of motor vehicle theft and to
24  suggest to those owners methods for preventing motor vehicle
25  theft.
26         d.4.  To provide financial support for plans, programs,
27  and projects consistent with the purposes of this act.
28         (b)  For the 2001-2002 fiscal year only, and
29  notwithstanding s. 320.08046, the use of funds allocated to
30  the Florida Motor Vehicle Theft Prevention Trust Fund shall be
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  1  as provided in Senate Bill 2-C. This paragraph expires July 1,
  2  2002.
  3         Section 7.  In order to implement Specific
  4  Appropriations 441-446 of Senate Bill 2-C, paragraph (g) is
  5  added to subsection (7) of section 339.135, Florida Statutes,
  6  to read:
  7         339.135  Work program; legislative budget request;
  8  definitions; preparation, adoption, execution, and
  9  amendment.--
10         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
11         (g)  For the 2001-2002 state fiscal year only, and
12  notwithstanding the provisions of paragraphs (b)-(f), the
13  adopted work program shall be adjusted to include projects
14  approved as economic stimulus projects resulting from
15  additional appropriations made by Senate Bill 2-C, 2001
16  Special Session C, or similar legislation enacted at the same
17  legislative session or an extension thereof.  This paragraph
18  expires July 1, 2002.
19         Section 8.  In order to implement Specific
20  Appropriation 633 of Senate Bill 2-C, subsection (5) is added
21  to section 44.108, Florida Statutes, to read:
22         44.108  Funding of mediation and
23  arbitration.--Mediation should be accessible to all parties
24  regardless of financial status.  Each board of county
25  commissioners may support mediation and arbitration services
26  by appropriating moneys from county revenues and by:
27         (5)  For the 2001-2002 fiscal year only, the use of the
28  funds allocated to the state mediation and arbitration trust
29  fund shall be as provided in Senate Bill 2-C. This subsection
30  expires July 1, 2002.
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  1         Section 9.  Notwithstanding any provision of law to the
  2  contrary, all agency heads shall pursue authorization from the
  3  Legislative Budget Commission in order to renegotiate current
  4  state contracts with private providers and public/private
  5  providers in an effort to reduce contract payments by up to 10
  6  percent. It is the statewide goal to achieve $75 million in
  7  savings, however, it is the intent of the Legislature that the
  8  level and quality of services not be affected. Savings
  9  realized will be redirected into budget reductions in
10  education, health care, and public safety for the current
11  fiscal year. This section expires July 1, 2002.
12         Section 10.  The State Board of Administration or any
13  other board operating under the authority of the state of
14  Florida, or any state agency that has the authority to issue
15  bonds, shall refinance any outstanding bonds of this state if
16  there is opportunity to reduce the interest rate to maximize
17  the cash flow benefit to the state. Any issuing authority
18  shall report to the Legislature on a quarterly basis all bond
19  issuance and refunding activities of the preceding quarter.
20         Section 11.  It is the policy of the state that funds
21  appropriated to state agencies which may be used for
22  state-employee travel be limited, until July 1, 2002, to
23  travel for activities that are critical to the state agency's
24  mission. Funds may not be used to pay for travel by state
25  employees to foreign countries, other states, conferences,
26  staff-training activities, or other administrative functions
27  unless the respective agency head has determined that such
28  activities are critical to the agency mission. Travel for law
29  enforcement, military purposes, emergency management, and
30  public health activities is not covered by this section. The
31  agency head, or his or her designee, must consider
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  1  teleconferencing and other forms of electronic communication
  2  to meet the needs of the proposed activity before approving
  3  mission-critical travel.
  4         Section 12.  For the Governor's recommended budget for
  5  the fiscal year 2002-2003 only, the Governor shall furnish to
  6  each member of the Senate and the House of Representatives a
  7  copy of his recommended balanced budget for the state, based
  8  on his own conclusions and judgment, by January 15, 2002.
  9         Section 13.  School District Flexibility Act of 2001.--
10         (1)  This act may be cited as the "School District
11  Flexibility Act of 2001."
12         (2)  During the 2001-2002 fiscal year, each district
13  school board is authorized flexibility to expend funds
14  allocated to the school district from the appropriations in
15  chapter 2001-253, Laws of Florida, as provided below:
16         (a)  If a district school board finds and declares in a
17  resolution adopted at a regular meeting of the school board
18  that the funds received for the programs listed below are
19  urgently needed to maintain board-specified academic classroom
20  instruction, the school board may consider and approve an
21  amendment to the school district's 2001-2002 operating budget
22  transferring the identified amount of funds to the appropriate
23  account for expenditure. These accounts are:
24         1.  Section 236.081(3), Florida Statutes, Funds for
25  Inservice Educational Personnel Training, Specific
26  Appropriation 122.
27         2.  Funds allocated for Safe Schools Activities,
28  Specific Appropriation 118.
29         3.  Funds for Public School Technology, Specific
30  Appropriation 120A.
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  1         4.  Funds for Teacher Recruitment Signing Bonuses,
  2  Specific Appropriation 119, which are in excess of the amount
  3  required to provide $850 Teacher Retention Bonuses.
  4         5.  Funds for the District Discretionary Lottery
  5  Allocation, Specific Appropriation 4A(a).
  6         6.  Section 231.67, Florida Statutes, the Florida
  7  Teachers Lead Program Stipend, Specific Appropriation 122A,
  8  carryforward funds only.
  9         (b)  If the district school board finds that funds
10  allocated for the purpose set forth in s. 236.08104, Florida
11  Statutes, Supplemental Academic Instruction, Specific
12  Appropriation 118, are budgeted to be expended for
13  nonclassroom instruction, the school board may consider and
14  approve an amendment to the school district's 2001-2002
15  operating budget transferring such funds to an appropriate
16  academic classroom instruction account for expenditure.
17         (3)  Each district school board shall report to the
18  Department of Education the amount of funds it transfers from
19  each of the programs identified in this section and the
20  specific academic classroom instruction for which these funds
21  are being expended. The department shall provide instructions
22  and format to be used in submitting this required information.
23  The department shall submit to the Governor, the President of
24  the Senate, and the Speaker of the House of Representatives a
25  report showing the actions taken by each district school board
26  and providing a statewide summary for all school districts.
27         (4)  The standard in paragraph (c) of subsection (5) of
28  section 230.23, Florida Statutes, requiring the adopted
29  district school board budget to include a reserve to fully
30  fund an additional 5-percent supplement for school
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  1  administrators and instructional personnel need not be met
  2  until June 30, 2003.
  3         (5)  The standard in subsection (1) of section 235.061,
  4  Florida Statutes, requiring State Board of Education rules to
  5  prohibit the use as classrooms of relocatables that fail to
  6  meet the standards need not be met until July 1, 2003.
  7         (6)  The standard in paragraph (a) of subsection (1) of
  8  section 235.062, Florida Statutes, for student stations in
  9  relocatable facilities exceeding 20 years of age need not be
10  met until July 1, 2004.
11         (7)  Subsections (1) through (3) expire June 30, 2002.
12         (8)  To take advantage of the delayed dates authorized
13  in subsections (5) and (6), a school district must:
14         (a)  First use the authority for the transfer of funds
15  provided by subsections (1)-(4) before using the flexibility
16  provided by subsections (5) and (6).
17         (b)  Submit to the Department of Education a plan that
18  identifies how the school district will fully comply with
19  standards for relocatable classrooms by July 1, 2003, and will
20  fully comply with the requirements of section 235.062, Florida
21  Statutes, by July 1, 2004.
22         (9)  The purpose of this section is to implement
23  section 2 of Senate Bill 2-C.
24         Section 14.  A section of this act that implements a
25  specific appropriation or specifically identified proviso
26  language in the act making appropriations and reductions in
27  appropriations for the 2001-2002 state fiscal year is void if
28  the specific appropriation or specifically identified proviso
29  language is vetoed.  A section of this act that implements
30  more than one specific appropriation or more than one portion
31  of specifically identified proviso language in the act making
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  1  appropriations and reductions in appropriations for the
  2  2001-2002 state fiscal year is void if all the specific
  3  appropriations or portions of specifically identified proviso
  4  language are vetoed.
  5         Section 15.  If any provision of this act or its
  6  application to any person or circumstance is held invalid, the
  7  invalidity shall not affect other provisions or applications
  8  of the act which can be given effect without the invalid
  9  provision or application, and to this end the provisions of
10  this act are declared severable.
11         Section 16.  This act shall take effect upon becoming a
12  law.
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