House Bill hb0029E

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    Florida House of Representatives - 2002                HB 29-E

        By the Fiscal Responsibility Council and Representative
    Lacasa





  1                      A bill to be entitled

  2         An act implementing the 2002-2003 General

  3         Appropriations Act; providing legislative

  4         intent; amending s. 236.081, F.S., relating to

  5         the Florida Education Finance Program; revising

  6         calculation of additional full-time equivalent

  7         membership based on the Advanced International

  8         Certificate of Education Program; revising the

  9         basis of the quality assurance guarantee;

10         amending s. 229.085, F.S.; exempting personnel

11         employed to plan and administer grants or

12         contracts for specific educational projects

13         from requirements for positions in excess of

14         those authorized; providing accounting

15         requirements for the state universities for the

16         2002-2003 fiscal year; amending s. 236.081,

17         F.S.; deferring application of a method for

18         adjusting a school district's full-time

19         equivalent membership; providing district

20         school boards flexibility in the use of certain

21         categorical appropriations for purposes of

22         academic classroom instruction; amending s.

23         236.7011, F.S.; deferring application of a

24         restriction on the expenditure of funds

25         received from the indirect cost allowance on

26         federal grants; providing limitation on state

27         appropriations for Knott Data Center and

28         Projects, Contracts, and Grants Programs;

29         amending s. 240.4015, F.S.; extending the time

30         initial award recipients have to complete

31         certain examinations under the Florida Bright

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         Futures Scholarship Testing Program; amending

 2         s. 216.181, F.S.; authorizing the Department of

 3         Children and Family Services and the Department

 4         of Health to advance certain moneys for certain

 5         contract services; amending ss. 430.204 and

 6         430.205, F.S.; requiring the Department of

 7         Elderly Affairs to fund certain community care

 8         services and core services for the elderly;

 9         amending s. 216.292, F.S.; authorizing the

10         Department of Children and Family Services to

11         transfer funds within the family safety

12         program; amending s. 401.113, F.S.; providing

13         that moneys in the Emergency Medical Services

14         Trust Fund may also be used for the purpose of

15         funding the rural hospital capital improvement

16         grant program; amending s. 295.182, F.S.;

17         authorizing contributions to the Florida World

18         War II Veterans Memorial Matching Trust Fund

19         from public bodies; amending s. 561.121, F.S.;

20         providing that moneys in the Children and

21         Adolescents Substance Abuse Trust Fund may also

22         be used for the purpose of funding programs

23         directed at reducing and eliminating substance

24         abuse problems among adults; amending s.

25         381.0066, F.S.; continuing the additional fee

26         on new construction permits for onsite sewage

27         treatment and disposal systems the proceeds of

28         which are used for system research,

29         demonstration, and training projects;

30         authorizing the Department of Law Enforcement

31         to use certain moneys to provide bonuses to

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         employees for meritorious performance, subject

 2         to review; amending s. 216.181, F.S.;

 3         authorizing the Department of Law Enforcement

 4         to transfer positions and associated budget and

 5         a certain percentage of salary rate between

 6         budget entities and providing requirements with

 7         respect thereto; authorizing the Correctional

 8         Privatization Commission to make certain

 9         expenditures to defray costs incurred by a

10         municipality or county as a result of opening

11         or operating a facility under authority of the

12         commission or the Department of Juvenile

13         Justice; amending s. 16.555, F.S.; authorizing

14         use of the Crime Stoppers Trust Fund to pay for

15         salaries and benefits and other expenses of the

16         Department of Legal Affairs; amending s.

17         860.158, F.S.; providing directives for the use

18         of moneys in the Florida Motor Vehicle Theft

19         Prevention Trust Fund; amending s. 985.4075,

20         F.S.; prohibiting the use of juvenile justice

21         appropriations made for operations as one-time

22         startup funding for fixed capital outlay;

23         amending s. 932.7055, F.S.; allowing municipal

24         special law enforcement trust funds to be used

25         to reimburse certain loans from municipalities;

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

27         moneys allocated to the Land Acquisition Trust

28         Fund as provided in the General Appropriations

29         Act; amending s. 403.709, F.S.; providing for

30         use of moneys allocated to the Solid Waste

31         Management Trust Fund as provided in the

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         General Appropriations Act; amending s. 373.59,

 2         F.S.; requiring release of certain moneys by

 3         the Secretary of Environmental Protection to

 4         water management districts, upon request;

 5         amending s. 581.1845, F.S.; revising

 6         eligibility for compensation of homeowners

 7         under the citrus canker eradication program;

 8         prescribing the amount of compensation for

 9         trees taken in the citrus canker eradication

10         program; amending s. 373.470, F.S.; removing a

11         requirement to deposit certain funds into the

12         Save Our Everglades Trust Fund; amending s.

13         216.181, F.S.; allowing transfers of positions

14         and funds among departments necessary for

15         implementation of the office of Chief Financial

16         Officer; requiring approval by the Legislative

17         Budget Commission; amending s. 403.7095, F.S.;

18         prescribing conditions on solid waste

19         management and recycling grants; amending s.

20         215.981, F.S.; exempting certain citizen

21         support organizations for the Department of

22         Environmental Protection from the requirement

23         to have an independent audit; amending s.

24         287.161, F.S.; requiring the Department of

25         Management Services to charge all persons

26         receiving transportation from the executive

27         aircraft pool a specified rate; amending s.

28         403.1835, F.S.; authorizing a temporary

29         moratorium in certain counties on reserve

30         requirements for certain water pollution

31         control loans; exempting thoroughbred

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         permitholders from fine or suspension or

 2         revocation of license or permit for failure to

 3         meet performance and tax requirements; amending

 4         s. 110.152, F.S.; authorizing the Department of

 5         Management Services to make lump-sum payments

 6         for adoption benefits for state employees;

 7         amending s. 110.2035, F.S.; revising provisions

 8         governing the classification and compensation

 9         program for state employees; requiring the

10         Department of Management Services to adopt

11         rules, including emergency rules, necessary to

12         implement such program; amending s. 110.12315,

13         F.S.; providing copayment requirements for the

14         state employees' prescription drug program;

15         providing for a preferred brand name drug list

16         to be used in the administration of such

17         program; amending s. 110.1239, F.S.; providing

18         requirements for the funding of the state group

19         health insurance program; amending s. 112.061,

20         F.S.; providing for computation of travel time

21         and reimbursement for public officers' and

22         employees' travel; amending s. 163.3184, F.S.;

23         prescribing standards for the state land

24         planning agency to use when issuing notice of

25         intent on a comprehensive plan or plan

26         amendment; amending s. 252.373, F.S.; providing

27         for use of certain funds of the Emergency

28         Management, Preparedness, and Assistance Trust

29         Fund for purposes of local disaster

30         preparedness and as state match for federally

31         approved Hazard Mitigation Grant Program

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         projects; amending s. 288.063, F.S.; providing

 2         that certain transportation projects may be

 3         designated and funded by the Legislature as

 4         necessary for economic development; amending s.

 5         402.3017, F.S.; providing for administration of

 6         the Teacher Education and Compensation Helps

 7         (TEACH) scholarship program; amending s.

 8         125.35, F.S.; authorizing counties to lease

 9         certain property in empowerment zones for

10         certain public purposes; amending s. 338.2216,

11         F.S.; providing that certain positions under

12         the Florida Turnpike Enterprise remain in the

13         career service; amending s. 215.20, F.S.;

14         appropriating the service charges on certain

15         income and trust funds to the General Revenue

16         Fund; amending s. 215.22, F.S.; exempting

17         certain income and trust funds from such

18         appropriation; amending s. 18.10, F.S.;

19         appropriating certain investment earnings to

20         the General Revenue Fund; amending s. 18.125,

21         F.S.; revising investment requirements for

22         certain trust funds; amending ss. 14.2015,

23         240.4075, 385.207, 860.158, and 938.01, F.S.,

24         to conform; providing for future repeal or

25         expiration of various provisions; providing for

26         reversion of certain provisions; providing

27         effect of veto of specific appropriation or

28         proviso to which implementing language refers;

29         providing applicability to other legislation;

30         incorporating by reference specified

31         performance measures and standards directly

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         linked to the appropriations made in the

 2         2001-2002 General Appropriations Act, as

 3         required by the Government Performance and

 4         Accountability Act of 1994; providing

 5         severability; providing effective dates.

 6  

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

 8  

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

10  the implementing and administering provisions of this act

11  apply to the General Appropriations Act for fiscal year

12  2002-2003.

13         Section 2.  In order to implement Specific

14  Appropriation 105 of the 2002-2003 General Appropriations Act,

15  paragraph (k) of subsection (1) and subsection (8) of section

16  236.081, Florida Statutes, as amended by section 1 of chapter

17  2001-47 and section 4 of chapter 2001-254, Laws of Florida,

18  are amended to read:

19         236.081  Funds for operation of schools.--If the annual

20  allocation from the Florida Education Finance Program to each

21  district for operation of schools is not determined in the

22  annual appropriations act or the substantive bill implementing

23  the annual appropriations act, it shall be determined as

24  follows:

25         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

26  OPERATION.--The following procedure shall be followed in

27  determining the annual allocation to each district for

28  operation:

29         (k)  Calculation of additional full-time equivalent

30  membership based on international baccalaureate examination

31  scores of students.--A value of 0.24 full-time equivalent

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  student membership shall be calculated for each student

 2  enrolled in an international baccalaureate course who receives

 3  a score of 4 or higher on a subject examination.  A value of

 4  0.3 full-time equivalent student membership shall be

 5  calculated for each student who receives an international

 6  baccalaureate diploma.  Such value shall be added to the total

 7  full-time equivalent student membership in basic programs for

 8  grades 9 through 12 in the subsequent fiscal year. During the

 9  1997-1998, 1998-1999, and 1999-2000 school years of the pilot

10  program authorized in s. 240.116, Students enrolled in the

11  Advanced International Certificate of Education Program shall

12  generate full-time equivalent student membership in a manner

13  that is equitable to the manner in which students enrolled in

14  the International Baccalaureate Program generate full-time

15  equivalent student membership.  During 1997-1998, a maximum of

16  40 students in each participating school district is

17  authorized to generate full-time equivalent student membership

18  in the pilot program, and in 1998-1999 and 1999-2000 a maximum

19  of 80 students per year in each participating school district

20  is authorized to generate full-time equivalent student

21  membership in the pilot program. The school district shall

22  distribute to each classroom teacher who provided

23  international baccalaureate instruction:

24         1.  A bonus in the amount of $50 for each student

25  taught by the International Baccalaureate teacher in each

26  international baccalaureate course who receives a score of 4

27  or higher on the international baccalaureate examination.

28         2.  An additional bonus of $500 to each International

29  Baccalaureate teacher in a school designated performance grade

30  category "D" or "F" who has at least one student scoring 4 or

31  higher on the international baccalaureate examination,

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  regardless of the number of classes taught or of the number of

 2  students scoring a 4 or higher on the international

 3  baccalaureate examination.

 4  

 5  Bonuses awarded to a teacher according to this paragraph shall

 6  not exceed $2,000 in any given school year and shall be in

 7  addition to any regular wage or other bonus the teacher

 8  received or is scheduled to receive.

 9         (8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may

10  annually in the General Appropriations Act determine a

11  percentage increase in funds per K-12 unweighted weighted FTE

12  as a minimum guarantee to each school district. The guarantee

13  shall be calculated from prior year base funding per

14  unweighted weighted FTE student which shall include the

15  adjusted FTE dollars as provided in subsection (9), quality

16  guarantee funds, and actual nonvoted discretionary local

17  effort from taxes. From the base funding per unweighted

18  weighted FTE, the increase shall be calculated for the current

19  year. The current year funds from which the guarantee shall be

20  determined shall include the adjusted FTE dollars as provided

21  in subsection (9) and potential nonvoted discretionary local

22  effort from taxes. A comparison of current year funds per

23  unweighted weighted FTE to prior year funds per unweighted

24  weighted FTE shall be computed. For those school districts

25  which have less than the legislatively assigned percentage

26  increase, funds shall be provided to guarantee the assigned

27  percentage increase in funds per unweighted weighted FTE

28  student. Should appropriated funds be less than the sum of

29  this calculated amount for all districts, the commissioner

30  shall prorate each district's allocation. This provision shall

31  be implemented to the extent specifically funded.

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         Section 3.  The amendment of paragraph (k) of

 2  subsection (1) and subsection (8) of section 236.081, Florida

 3  Statutes, by this act shall expire on July 1, 2003, and the

 4  text of those provisions shall revert to that in existence on

 5  June 30, 2002, except that any amendments to such text enacted

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

 7  operate to the extent that such amendments are not dependent

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

 9  provisions of this act.

10         Section 4.  In order to implement Specific

11  Appropriations 71-166T of the 2002-2003 General Appropriations

12  Act, subsection (2) of section 229.085, Florida Statutes, as

13  amended by section 31 of chapter 2001-170, Laws of Florida, is

14  amended to read:

15         229.085  Custody of educational funds.--

16         (2)(a)  There is created in the Department of Education

17  the Projects, Contracts, and Grants Trust Fund.  The personnel

18  employed to plan and administer grants or contracts for

19  specific projects shall be considered in time-limited

20  employment not to exceed the duration of the grant or until

21  completion of the project, whichever first occurs.  Such

22  employees shall not acquire retention rights under the Career

23  Service System. Any employee holding permanent career service

24  status in a Department of Education position who is appointed

25  to a position under the Projects, Contracts, and Grants Trust

26  Fund shall retain such permanent status in the career service

27  position.

28         (b)  If, in executing the terms of such grants or

29  contracts for specific projects, the employment of personnel

30  shall be required, such personnel shall not be subject to the

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  requirements of s. 216.262(1)(a).  This paragraph expires July

 2  1, 2003.

 3         Section 5.  In order to implement Specific

 4  Appropriations 7B-7G and 166U-181A and Section 9 of the

 5  2002-2003 General Appropriations Act:

 6         (1)  Universities in the State University System shall

 7  utilize the state accounting system (FLAIR) for fiscal year

 8  2002-2003 but are not required to provide funds to the

 9  Department of Banking and Finance for its utilization.

10         (2)  Notwithstanding the provisions of ss. 216.181,

11  216.292, and 240.2094 and pursuant to s. 216.351, Florida

12  Statutes, funds appropriated or reappropriated to the state

13  universities in the 2002-2003 General Appropriations Act, or

14  any other act passed by the 2002 Legislature containing

15  appropriations, shall be distributed to each university

16  according to the 2002-2003 fiscal year operating budget

17  approved by the university board of trustees.  Each university

18  board of trustees shall have authority to amend the operating

19  budget as circumstances warrant.  The operating budget may

20  utilize traditional appropriation categories or it may

21  consolidate the appropriations into a special category

22  appropriation account.  The Comptroller or Chief Financial

23  Officer, upon the request of the university board of trustees,

24  shall record by journal transfer the distribution of the

25  appropriated funds and releases according to the approved

26  operating budget to the appropriation accounts established for

27  disbursement purposes for each university within the state

28  accounting system (FLAIR).

29         (3)  Notwithstanding the provisions of ss. 216.181,

30  216.292, 240.241, and 240.277 and pursuant to s. 216.351,

31  Florida Statutes, each university board of trustees shall

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  include in an approved operating budget the revenue in trust

 2  funds supported by student and other fees as well as the trust

 3  funds within the Contract, Grants, and Donations, Auxiliary

 4  Enterprises, and Sponsored Research budget entities.  The

 5  university board of trustees shall have the authority to amend

 6  the operating budget as circumstances warrant.  The operating

 7  budget may utilize traditional appropriation categories or it

 8  may consolidate the trust fund spending authority into a

 9  special category appropriation account.  The Comptroller or

10  Chief Financial Officer, upon the request of the university

11  board of trustees, shall record the distribution of the trust

12  fund spending authority and releases according to the approved

13  operating budget to the appropriation accounts established for

14  disbursement purposes for each university within the state

15  accounting system (FLAIR).

16         (4)  This section expires July 1, 2003.

17         Section 6.  In order to implement Specific

18  Appropriation 105 of the 2002-2003 General Appropriations Act,

19  paragraph (a) of subsection (1) of section 236.081, Florida

20  Statutes, is amended to read:

21         236.081  Funds for operation of schools.--If the annual

22  allocation from the Florida Education Finance Program to each

23  district for operation of schools is not determined in the

24  annual appropriations act or the substantive bill implementing

25  the annual appropriations act, it shall be determined as

26  follows:

27         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

28  OPERATION.--The following procedure shall be followed in

29  determining the annual allocation to each district for

30  operation:

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         (a)  Determination of full-time equivalent

 2  membership.--During each of several school weeks, including

 3  scheduled intersessions of a year-round school program during

 4  the fiscal year, a program membership survey of each school

 5  shall be made by each district by aggregating the full-time

 6  equivalent student membership of each program by school and by

 7  district. The department shall establish the number and

 8  interval of membership calculations, except that for basic and

 9  special programs such calculations shall not exceed nine for

10  any fiscal year. The district's full-time equivalent

11  membership shall be computed and currently maintained in

12  accordance with regulations of the commissioner. Beginning

13  with the 1999-2000 school year, each school district shall

14  also document the daily attendance of each student in

15  membership by school and by district. An average daily

16  attendance factor shall be computed by dividing the total

17  daily attendance of all students by the total number of

18  students in membership and then by the number of days in the

19  regular school year. Beginning with the 2003-2004 2002-2003

20  school year, the district's full-time equivalent membership

21  shall be adjusted by multiplying by the average daily

22  attendance factor.

23         Section 7.  In order to implement Specific

24  Appropriations 5, 105, 106A, 107, and 108 of the 2002-2003

25  General Appropriations Act, for the 2002-2003 state fiscal

26  year only, and notwithstanding the provisions of ss.

27  236.081(3), 236.08104, 236.083, and 237.34(3)(b), Florida

28  Statutes, each district school board may use and shall report

29  the use of funds allocated to the school district from such

30  appropriations as provided below:

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         (1)  If a district school board declares in a

 2  resolution adopted at a regular meeting of the board that the

 3  funds received for any of the following categorical

 4  appropriations are urgently needed to maintain academic

 5  classroom instruction specified by the board, the board may

 6  approve an amendment to the district's operating budget

 7  transferring the identified amount of the categorical funds to

 8  the appropriate account for expenditure:

 9         (a)  Student transportation: Specific Appropriation

10  107.

11         (b)  Teacher training: Specific Appropriations 5 and

12  108.

13         (c)  Safe schools: Specific Appropriation 105.

14         (d)  Public school technology: Specific Appropriation

15  106A.

16         (e)  Supplemental academic instruction: Specific

17  Appropriation 105.

18         (2)  Each district school board shall include in its

19  annual financial report to the Department of Education

20  required pursuant to s. 237.34, Florida Statutes, the amount

21  of funds the board transferred from each of the categorical

22  appropriations specified in subsection (1) and the specific

23  academic classroom instruction for which the transferred funds

24  were expended.  The Department of Education shall provide

25  instructions and specify the format to be used in submitting

26  this required information as a part of such annual financial

27  report.

28         Section 8.  In order to implement Specific

29  Appropriations 71-166T of the 2002-2003 General Appropriations

30  Act, section 236.7011, Florida Statutes, is amended to read:

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         236.7011  Federal grants; maximization of indirect cost

 2  allowance.--The Department of Education shall maximize the

 3  available federal indirect cost allowed on all federal grants.

 4  Beginning with the 2003-2004 2002-2003 fiscal year, none of

 5  the funds received from indirect cost allowance shall be

 6  expended by the department without specific appropriation by

 7  the Legislature. Funds received pursuant to s. 240.241 are

 8  specifically exempt from this provision.

 9         Section 9.  In order to implement Specific

10  Appropriations 71-166T of the 2002-2003 General Appropriations

11  Act:

12         (1)  The Knott Data Center and Projects, Contracts, and

13  Grants Programs under the management of the Department of

14  Education are exempt from the requirements of s. 216.023,

15  Florida Statutes. The Department of Education, in consultation

16  with the legislative appropriations committees, shall approve

17  an estimated level of expenditures, salary rates, and

18  positions for the Knott Data Center and for Projects,

19  Contracts, and Grants Programs. If such expenditures exceed

20  the prior year level by more than 10 percent, the full

21  membership of the legislative appropriations committees shall

22  be notified of the increase.

23         (2)  No new state appropriations shall be obligated as

24  a source of matching funds for potential federal or private

25  contracts or grants. Upon termination of any federal or

26  private contracts or grants, the state shall not be obligated

27  to provide continued funding for personnel or project costs

28  related to such contracts or grants.

29         (3)  This section expires July 1, 2003.

30         Section 10.  In order to implement Specific

31  Appropriations 166L of the 2002-2003 General Appropriations

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  Act, subsection (3) of section 240.4015, Florida Statutes, is

 2  amended to read:

 3         240.4015  Florida Bright Futures Scholarship Testing

 4  Program.--

 5         (3)(a)  Beginning with initial award recipients for the

 6  2002-2003 academic year and continuing thereafter, students

 7  eligible for a Florida Academic Scholars award or a Florida

 8  Merit Scholars award who are admitted to and enroll in a

 9  community college or state university shall, prior to

10  registering for courses that may be earned through a CLEP

11  examination and no later than registration for their second

12  term, complete at least five examinations from those specified

13  in subsection (1) in the following areas: English; humanities;

14  mathematics; natural sciences; and social sciences. Successful

15  completion of dual enrollment courses, Advanced Placement

16  examinations, and International Baccalaureate examinations

17  taken prior to high school graduation satisfy this

18  requirement. The Articulation Coordinating Committee shall

19  identify the examinations that satisfy each component of this

20  requirement.

21         (b)  Notwithstanding the provisions of paragraph (a),

22  and for the 2002-2003 fiscal year only, initial award

23  recipients for the 2002-2003 academic year who are eligible

24  for a Florida Academic Scholars award or a Florida Merit

25  Scholars award and who are admitted to and enroll in a

26  community college or state university shall, prior to

27  registering for courses that may be earned through a CLEP

28  examination and no later than the end of the 2002-2003

29  academic year, complete at least five examinations from those

30  specified in subsection (1) in the following areas: English;

31  humanities; mathematics; natural sciences; and social

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  sciences. Successful completion of dual enrollment courses,

 2  Advanced Placement examinations, and International

 3  Baccalaureate examinations taken prior to high school

 4  graduation satisfy this requirement. The Articulation

 5  Coordinating Committee shall identify the examinations that

 6  satisfy each component of this requirement. This paragraph

 7  expires July 1, 2003.

 8         Section 11.  In order to implement Specific

 9  Appropriations 270-451R and 491-650 of the 2002-2003 General

10  Appropriations Act, paragraph (c) of subsection (16) of

11  section 216.181, Florida Statutes, is amended to read:

12         216.181  Approved budgets for operations and fixed

13  capital outlay.--

14         (16)

15         (c)  For the 2002-2003 2001-2002 fiscal year only,

16  funds appropriated to the Department of Children and Family

17  Services in Specific Appropriations 270-451R 302-466 and the

18  Department of Health in Specific Appropriations 491-650

19  503-637 of the 2002-2003 2001-2002 General Appropriations Act

20  may be advanced, unless specifically prohibited in such

21  General Appropriations Act, for those contracted services that

22  were approved for advancement by the Comptroller in fiscal

23  year 1993-1994, including those services contracted on a

24  fixed-price or unit-cost basis. This paragraph expires July 1,

25  2003 2002.

26         Section 12.  In order to implement Specific

27  Appropriations 458-474 of the 2002-2003 General Appropriations

28  Act, paragraph (b) of subsection (1) of section 430.204,

29  Florida Statutes, is amended to read:

30         430.204  Community-care-for-the-elderly core services;

31  departmental powers and duties.--

                                  17

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 1         (1)

 2         (b)  For fiscal year 2002-2003 2001-2002 only, in each

 3  county having a population over 2 million, the department

 4  shall fund, through each area agency on aging in each county

 5  as defined in s. 125.011(1), more than one community care

 6  service system the primary purpose of which is the prevention

 7  of unnecessary institutionalization of functionally impaired

 8  elderly persons through the provision of community-based core

 9  services. This paragraph expires July 1, 2003 2002.

10         Section 13.  In order to implement Specific

11  Appropriations 458-474 of the 2002-2003 General Appropriations

12  Act, paragraph (b) of subsection (1) of section 430.205,

13  Florida Statutes, is amended to read:

14         430.205  Community care service system.--

15         (1)

16         (b)  For fiscal year 2002-2003 2001-2002 only, in each

17  county having a population over 2 million, the department

18  shall fund, through the area agency on aging in each county as

19  defined in s. 125.011(1), shall fund in each planning and

20  service area more than one community care service system that

21  provides case management and other in-home and community

22  services as needed to help elderly persons maintain

23  independence and prevent or delay more costly institutional

24  care. This paragraph expires July 1, 2003 2002.

25         Section 14.  In order to implement Specific

26  Appropriations 303-338 of the 2002-2003 General Appropriations

27  Act, subsection (12) of section 216.292, Florida Statutes, is

28  amended to read:

29         216.292  Appropriations nontransferable; exceptions.--

30         (12)  For the 2002-2003 2001-2002 fiscal year only and

31  notwithstanding the other provisions of this section, the

                                  18

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 1  Department of Children and Family Services may transfer funds

 2  within the family safety program identified in the General

 3  Appropriations Act from identical funding sources between the

 4  following appropriation categories without limitation as long

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

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

 7  the subsequent fiscal year: adoption services and subsidy;

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

 9  must be consistent with legislative policy and intent and must

10  not adversely affect achievement of approved performance

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

12  proposed transfers under this authority must be provided to

13  the Executive Office of the Governor and the chairs of the

14  legislative appropriations committees at least 5 working days

15  before their implementation. This subsection expires July 1,

16  2003 2002.

17         Section 15.  In order to implement Specific

18  Appropriation 644A of the 2002-2003 General Appropriations

19  Act, subsection (4) of section 401.113, Florida Statutes, as

20  created by section 6 of chapter 2001-380, Laws of Florida, is

21  amended to read:

22         401.113  Department; powers and duties.--

23         (4)  For the 2002-2003 2001-2002 state fiscal year

24  only, and notwithstanding the provisions of subsections (1)

25  and (2), moneys in the Emergency Medical Services Trust Fund

26  may also be used for the purpose of funding the rural hospital

27  capital improvement grant program in accordance with the

28  provisions of s. 395.6061. This subsection expires July 1,

29  2003 2002.

30  

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1         Section 16.  In order to implement Specific

 2  Appropriation 672 of the 2002-2003 General Appropriations Act,

 3  section 295.182, Florida Statutes, is amended to read:

 4         295.182  Florida World War II Veterans Memorial

 5  Matching Trust Fund; contributions; use.--

 6         (1)  The Florida World War II Veterans Memorial

 7  Matching Trust Fund, if created by law, within the Department

 8  of Veterans' Affairs shall receive private contributions and

 9  matching state funds specifically appropriated by the

10  Legislature for the purpose of matching private donations

11  deposited into the trust fund to build a Florida World War II

12  Veterans Memorial as provided by this act. The department is

13  authorized to use moneys in the trust fund, if created by law,

14  in a manner which will generate increased funding for the

15  Florida World War II Veterans Memorial. Contributions to the

16  Florida World War II Veterans Memorial Matching Trust Fund

17  must be returned to those entities or individuals contributing

18  to the trust fund if the Florida World War II Veterans

19  Memorial is not constructed as provided for in s. 295.183.

20         (2)  For the 2002-2003 fiscal year only, the department

21  may receive contributions from public bodies as defined in s.

22  1.01(8). Public bodies are authorized to appropriate funds, in

23  lump sum or otherwise, for the purpose of making contributions

24  to the trust fund. This subsection expires July 1, 2003.

25         Section 17.  In order to implement Section 20 of the

26  2002-2003 General Appropriations Act, subsection (4) of

27  section 561.121, Florida Statutes, as amended by section 4 of

28  chapter 2001-380, Laws of Florida, is amended to read:

29         561.121  Deposit of revenue.--

30  

31  

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 1         (4)(a)  State funds collected pursuant to s. 561.501

 2  shall be paid into the State Treasury and credited to the

 3  following accounts:

 4         1.(a)  Twenty-seven and two-tenths percent of the

 5  surcharge on the sale of alcoholic beverages for consumption

 6  on premises shall be transferred to the Children and

 7  Adolescents Substance Abuse Trust Fund, which shall remain

 8  with the Department of Children and Family Services for the

 9  purpose of funding programs directed at reducing and

10  eliminating substance abuse problems among children and

11  adolescents.

12         2.(b)  The remainder of collections shall be credited

13  to the General Revenue Fund.

14         (b)  For the 2002-2003 state fiscal year only, and

15  notwithstanding the provisions of subparagraph (a)1., moneys

16  in the Children and Adolescents Substance Abuse Trust Fund may

17  also be used for the purpose of funding programs directed at

18  reducing and eliminating substance abuse problems among

19  adults. This paragraph expires July 1, 2003.

20         (c)  Notwithstanding paragraph (a), the Legislature may

21  authorize the Department of Children and Family Services to

22  transfer moneys in the Children and Adolescents Substance

23  Abuse Trust Fund to the Administrative Trust Fund, as provided

24  in Senate Bill 2-C. This paragraph expires July 1, 2002.

25         Section 18.  In order to implement Specific

26  Appropriation 558 of the 2002-2003 General Appropriations Act,

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

28  Statutes, is amended to read:

29         381.0066  Onsite sewage treatment and disposal systems;

30  fees.--

31  

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

 2  apply until changed by rule by the department within the

 3  following limits:

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

 5  each new system construction permit issued during fiscal years

 6  1996-2003 1996-2002 to be used for onsite sewage treatment and

 7  disposal system research, demonstration, and training

 8  projects. Five dollars from any repair permit fee collected

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

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

11  

12  The funds collected pursuant to this subsection must be

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

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

15  381.0065 and 381.00655.

16         Section 19.  Consistent with the provisions of s.

17  216.163, Florida Statutes, in accordance with

18  performance-based program budgeting requirements, and

19  notwithstanding the provisions of s. 216.181, Florida

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

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

22  1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of

23  the 2002-2003 General Appropriations Act for salary bonuses

24  for departmental employees at the discretion of the executive

25  director, provided that such bonuses are given only to

26  selected employees for meritorious performance, instead of

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

28  The department, after consultation with the Executive Office

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

30  legislative appropriations committees responsible for

31  

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 1  producing the General Appropriations Act for review before

 2  awarding such bonuses.  This section expires July 1, 2003.

 3         Section 20.  In order to implement Specific

 4  Appropriations 1195-1272 of the 2002-2003 General

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

 6  Florida Statutes, is amended to read:

 7         216.181  Approved budgets for operations and fixed

 8  capital outlay.--

 9         (17)  Notwithstanding any other provision of this

10  section to the contrary, and for the 2002-2003 2001-2002

11  fiscal year only, the Department of Law Enforcement may

12  transfer up to 20 positions and associated budget between

13  budget entities, provided the same funding source is used

14  throughout each transfer. The department may also transfer up

15  to 10 percent of the initial approved salary rate between

16  budget entities, provided the same funding source is used

17  throughout each transfer. The department must provide notice

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

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

20  on Criminal Justice Appropriations for all transfers of

21  positions or salary rate. This subsection expires July 1, 2003

22  2002.

23         Section 21.  In order to implement proviso language

24  following Specific Appropriation 1178 of the 2002-2003 General

25  Appropriations Act, the Correctional Privatization Commission

26  may expend appropriated funds to assist in defraying the costs

27  of impacts that are incurred by a municipality or county and

28  associated with opening or operating a facility under the

29  authority of the Correctional Privatization Commission or a

30  facility under the authority of the Department of Juvenile

31  Justice which is located within that municipality or county.

                                  23

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 1  The amount that is to be paid under this section for any

 2  facility may not exceed 1 percent of the facility construction

 3  cost, less building impact fees imposed by the municipality or

 4  by the county if the facility is located in the unincorporated

 5  portion of the county.  This section expires July 1, 2003.

 6         Section 22.  In order to implement Specific

 7  Appropriation 1291 of the 2002-2003 General Appropriations

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

 9  Florida Statutes, as created by section 8 of chapter 2001-380,

10  Laws of Florida, is amended to read:

11         16.555  Crime Stoppers Trust Fund; rulemaking.--

12         (3)

13         (b)  For the 2002-2003 2001-2002 state fiscal year

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

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

16  salaries and benefits and other expenses of the department.

17  This paragraph expires July 1, 2003 2002.

18         Section 23.  In order to implement Specific

19  Appropriations 1291 and 1322 of the 2002-2003 General

20  Appropriations Act, paragraph (b) of subsection (2) of section

21  860.158, Florida Statutes, as created by section 9 of chapter

22  2001-380, Laws of Florida, is amended to read:

23         860.158  Florida Motor Vehicle Theft Prevention Trust

24  Fund.--

25         (2)

26         (b)  For the 2002-2003 2001-2002 fiscal year only, and

27  notwithstanding s. 320.08046, the use of funds allocated to

28  the Florida Motor Vehicle Theft Prevention Trust Fund may also

29  be as provided in the General Appropriations Act Senate Bill

30  2-C.  This paragraph expires July 1, 2003 2002.

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1         Section 24.  In order to implement Specific

 2  Appropriations 1112-1194A of the 2002-2003 General

 3  Appropriations Act, section 985.4075, Florida Statutes, is

 4  amended to read:

 5         985.4075  One-time startup funding for juvenile justice

 6  purposes.--

 7         (1)  Funds from juvenile justice appropriations may be

 8  utilized as one-time startup funding for juvenile justice

 9  purposes that include, but are not limited to, remodeling or

10  renovation of existing facilities, construction costs, leasing

11  costs, purchase of equipment and furniture, site development,

12  and other necessary and reasonable costs associated with the

13  startup of facilities or programs.

14         (2)  The department may not use appropriations made for

15  operations, pursuant to the provisions of this section, as

16  one-time startup funding for fixed capital outlay as defined

17  in s. 216.011. This subsection expires July 1, 2003.

18         Section 25.  In order to implement Specific

19  Appropriation 1233 of the 2002-2003 General Appropriations

20  Act, paragraph (d) is added to subsection (4) of section

21  932.7055, Florida Statutes, to read:

22         932.7055  Disposition of liens and forfeited

23  property.--

24         (4)

25         (d)  Notwithstanding any other provision of this

26  subsection, and for the 2002-2003 fiscal year only, the funds

27  in a special law enforcement trust fund established by the

28  governing body of a municipality may be expended to reimburse

29  the general fund of the municipality for moneys advanced from

30  the general fund to the special law enforcement trust fund

31  

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 1  prior to October 1, 2001.  This paragraph expires July 1,

 2  2003.

 3         Section 26.  In order to implement Specific

 4  Appropriations 1760A, 1769, and 1798A of the 2002-2003 General

 5  Appropriations Act, subsection (6) is added to section

 6  375.041, Florida Statutes, to read:

 7         375.041  Land Acquisition Trust Fund.--

 8         (6)  For the 2002-2003 fiscal year only, the use of

 9  funds allocated to the Land Acquisition Trust Fund shall be as

10  provided in the General Appropriations Act.  This subsection

11  expires July 1, 2003.

12         Section 27.  If Council Substitute for House Bill 851,

13  Enrolled, 2002 Regular Session, does not become law, in order

14  to implement Specific Appropriations 1760A and 1769 of the

15  2002-2003 General Appropriations Act, paragraph (d) is added

16  to subsection (1) and paragraph (f) is added to subsection (3)

17  of section 403.709, Florida Statutes, to read:

18         403.709  Solid Waste Management Trust Fund; use of

19  waste tire fee moneys; waste tire site management.--

20         (1)  There is created the Solid Waste Management Trust

21  Fund, to be administered by the department for the purposes

22  of:

23         (d)  For the 2002-2003 fiscal year only, funding issues

24  provided in the General Appropriations Act.  This paragraph

25  expires July 1, 2003.

26         (3)  Moneys allocated to the fund from waste tire fees

27  shall be used:

28         (f)  For the 2002-2003 fiscal year only, as provided in

29  the General Appropriations Act.  This paragraph expires July

30  1, 2003.

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1         Section 28.  If Council Substitute for House Bill 851,

 2  Enrolled, 2002 Regular Session, becomes law, in order to

 3  implement Specific Appropriations 1760A and 1769 of the

 4  2002-2003 General Appropriations Act, subsection (9) is added

 5  to section 403.709, Florida Statutes, as amended by section 7

 6  of said bill, to read:

 7         403.709  Solid Waste Management Trust Fund; use of

 8  waste tire fees.--There is created the Solid Waste Management

 9  Trust Fund, to be administered by the department. From the

10  annual revenues deposited in the trust fund, unless otherwise

11  specified in the General Appropriations Act:

12         (9)  Notwithstanding any other provision of law to the

13  contrary, and for the 2002-2003 fiscal year only, moneys in

14  the Solid Waste Management Trust Fund may be used only as

15  provided in the 2002-2003 General Appropriations Act. This

16  subsection expires July 1, 2003.

17         Section 29.  In order to implement Specific

18  Appropriations 1645 and 1769 of the 2002-2003 General

19  Appropriations Act, subsection (11) of section 373.59, Florida

20  Statutes, as amended by section 23 of chapter 2001-256, Laws

21  of Florida, is amended to read:

22         373.59  Water Management Lands Trust Fund.--

23         (11)  Notwithstanding any provision of this section to

24  the contrary, and for the 2002-2003 fiscal year only, the

25  governing board of a water management district may request,

26  and the Secretary of Environmental Protection shall release

27  upon such request, moneys allocated to the districts pursuant

28  to subsection (8) for purposes consistent with the provisions

29  of s. 373.0361, s. 373.0831, s. 373.139, or ss.

30  373.451-373.4595 and for legislatively authorized land

31  acquisition and water restoration initiatives. No funds may be

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    Florida House of Representatives - 2002                HB 29-E

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 1  used pursuant to this subsection until necessary debt service

 2  obligations, requirements for payments in lieu of taxes, and

 3  land management obligations that may be required by this

 4  chapter are provided for.  This subsection expires July 1,

 5  2003.

 6         Section 30.  In order to implement Specific

 7  Appropriation 1480A of the 2002-2003 General Appropriations

 8  Act, subsection (2) of section 581.1845, Florida Statutes, and

 9  subsection (6) of said section, as created by section 11 of

10  chapter 2001-380, Laws of Florida, are amended to read:

11         581.1845  Citrus canker eradication; compensation to

12  homeowners whose trees have been removed.--

13         (2)(a)  To be eligible to receive compensation under

14  the program, a homeowner must:

15         1.(a)  Be the homeowner of record on the effective date

16  of this act for residential property where one or more citrus

17  trees have been removed as part of a citrus canker eradication

18  program;

19         2.(b)  Have had one or more citrus trees removed from

20  the property by a tree-cutting contractor as part of a citrus

21  canker eradication program on or after January 1, 1995; and

22         3.(c)  Have received no commercial compensation and is

23  not eligible to receive commercial compensation from the

24  United States Department of Agriculture for citrus trees

25  removed as part of a citrus canker eradication program.

26         (b)  Notwithstanding subparagraph (a)1., and for

27  compensation during the 2002-2003 fiscal year only, to be

28  eligible to receive compensation under the program for

29  residential property where one or more citrus trees have been

30  removed on or after July 1, 2001, as part of a citrus canker

31  eradication program, a homeowner must be the homeowner of

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 1  record on the date the trees were removed. This paragraph

 2  expires July 1, 2003.

 3         (6)(a)  For the 2001-2002 fiscal year only and

 4  notwithstanding the $100-compensation amount specified in

 5  subsection (3); in subsection (3) of section 45 of chapter

 6  2001-254, Laws of Florida; and in proviso following Specific

 7  Appropriation 1488A of chapter 2001-253, Laws of Florida, the

 8  amount of compensation for each tree removed from residential

 9  property by the citrus canker eradication program shall be

10  $55. This paragraph subsection expires July 1, 2002.

11         (b)  For the 2002-2003 fiscal year only and

12  notwithstanding the $100-compensation amount specified in

13  subsection (3), the amount of compensation for each tree

14  removed from residential property by the citrus canker

15  eradication program shall be $55.  This paragraph expires July

16  1, 2003.

17         Section 31.  If House Bill 813, Enrolled, 2002 Regular

18  Session, does not become law, in order to implement Specific

19  Appropriations 1645 and 1770 of the 2002-2003 General

20  Appropriations Act, paragraph (b) of subsection (5) of section

21  373.470, Florida Statutes, is amended to read:

22         373.470  Everglades restoration.--

23         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--

24         (b)1.  For each year of the 10 consecutive years

25  beginning with fiscal year 2000-2001, the department shall

26  deposit $25 million of the funds allocated to the district by

27  the department under s. 259.105(11)(a) into the Save Our

28  Everglades Trust Fund created by s. 373.472.

29         2.  For fiscal year 2002-2003 only, the provisions of

30  subparagraph 1. shall not apply.  This subparagraph expires

31  July 1, 2003.

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    Florida House of Representatives - 2002                HB 29-E

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 1         Section 32.  Subsection (18) is added to section

 2  216.181, Florida Statutes, to read:

 3         216.181  Approved budgets for operations and fixed

 4  capital outlay.--

 5         (18)  In order to implement Specific Appropriations

 6  2237-2314, 2594-2698, and 1195-1272 of the 2002-2003 General

 7  Appropriations Act, from July 1, 2002, until January 7, 2003,

 8  the Department of Banking and Finance, the Department of

 9  Insurance, and the Department of Law Enforcement may transfer

10  positions and general revenue and trust funds as necessary to

11  comply with substantive legislation passed in 2002 that amends

12  the statutes to conform to the changes to s. 4, Art. IV of the

13  State Constitution creating the Chief Financial Officer and

14  that requires or specifically authorizes the transfer of

15  positions and funds among these agencies.  Further, from

16  January 7, 2003, until July 1, 2003, the Office of Chief

17  Financial Officer, the Department of Law Enforcement, and the

18  Departments of Banking and Finance and Insurance, or their

19  successor agency or agencies, may transfer positions and

20  general revenue and trust funds as necessary to comply with

21  substantive legislation passed in 2002 that amends the

22  statutes to conform to the changes to s. 4, Art. IV of the

23  State Constitution creating the Chief Financial Officer and

24  that requires or specifically authorizes the transfer of

25  positions and funds among these agencies.  Consistent with the

26  provisions of s. 216.292(11), proposed transfers pursuant to

27  this subsection shall be subject to approval by the

28  Legislative Budget Commission.  This subsection expires July

29  1, 2003.

30         Section 33.  If Council Substitute for House Bill 851,

31  Enrolled, 2002 Regular Session, does not become law, in order

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    Florida House of Representatives - 2002                HB 29-E

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 1  to implement Specific Appropriation 1819 of the 2002-2003

 2  General Appropriations Act, subsection (8) of section

 3  403.7095, Florida Statutes, is amended to read:

 4         403.7095  Solid waste management grant program.--

 5         (8)  Notwithstanding the provisions of this section,

 6  for fiscal year 2002-2003 2001-2002 only, the department shall

 7  provide solid waste management and recycling grants only to

 8  counties with populations under 100,000. Such grants must be

 9  at least 80 percent of the level of funding they received in

10  fiscal year 2000-2001. This subsection expires July 1, 2003

11  2002.

12         Section 34.  If Council Substitute for House Bill 851,

13  Enrolled, 2002 Regular Session, becomes law, in order to

14  implement Specific Appropriation 1819 of the 2002-2003 General

15  Appropriations Act, subsection (7) is added to section

16  403.7095, Florida Statutes, as amended by section 8 of said

17  bill, to read:

18         403.7095  Solid waste management grant program.--

19         (7)  Notwithstanding the provisions of this section,

20  for fiscal year 2002-2003 only, the department shall provide

21  solid waste management and recycling grants only to counties

22  with populations under 100,000. Such grants must be at least

23  80 percent of the level of funding they received in fiscal

24  year 2000-2001. This subsection expires July 1, 2003.

25         Section 35.  In order to implement Specific

26  Appropriation 1852 of the 2002-2003 General Appropriations

27  Act, section 215.981, Florida Statutes, is amended to read:

28         215.981  Audits of state agency direct-support

29  organizations and citizen support organizations.--

30         (1)  Each direct-support organization and each citizen

31  support organization, created or authorized pursuant to law,

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 1  and created, approved, or administered by a state agency,

 2  other than a university, district board of trustees of a

 3  community college, or district school board, shall provide for

 4  an annual financial audit of its accounts and records to be

 5  conducted by an independent certified public accountant in

 6  accordance with rules adopted by the Auditor General pursuant

 7  to s. 11.45(8) and the state agency that created, approved, or

 8  administers the direct-support organization or citizen support

 9  organization. The audit report shall be submitted within 9

10  months after the end of the fiscal year to the Auditor General

11  and to the state agency responsible for creation,

12  administration, or approval of the direct-support organization

13  or citizen support organization. Such state agency, the

14  Auditor General, and the Office of Program Policy Analysis and

15  Government Accountability shall have the authority to require

16  and receive from the organization or from the independent

17  auditor any records relative to the operation of the

18  organization.

19         (2)  Notwithstanding the provisions of subsection (1),

20  and for the 2002-2003 fiscal year only, citizen support

21  organizations for the Department of Environmental Protection

22  that are not for profit and that have annual expenditures of

23  less than $100,000 are not required to have an independent

24  audit. This subsection expires July 1, 2003.

25         Section 36.  In order to implement Specific

26  Appropriations 2776-2782 of the 2002-2003 General

27  Appropriations Act, subsection (4) of section 287.161, Florida

28  Statutes, is amended to read:

29         287.161  Executive aircraft pool; assignment of

30  aircraft; charge for transportation.--

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1         (4)  Notwithstanding the requirements of subsections

 2  (2) and (3) and for the 2002-2003 2001-2002 fiscal year only,

 3  the Department of Management Services shall charge all persons

 4  receiving transportation from the executive aircraft pool a

 5  rate not less than the mileage allowance fixed by the

 6  Legislature for the use of privately owned vehicles. Fees

 7  collected for persons traveling by aircraft in the executive

 8  aircraft pool shall be deposited into the Bureau of Aircraft

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

10  the aircraft management activities of the department. It is

11  the intent of the Legislature that the executive aircraft pool

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

13  funds. This subsection expires July 1, 2003 2002.

14         Section 37.  In order to implement Specific

15  Appropriations 1767-1768 of the 2002-2003 General

16  Appropriations Act, paragraph (a) of subsection (6) of section

17  403.1835, Florida Statutes, is amended to read:

18         403.1835  Water pollution control financial

19  assistance.--

20         (6)  Prior to approval of financial assistance, the

21  applicant shall:

22         (a)1.  Submit evidence of credit worthiness, loan

23  security, and a loan repayment schedule in support of a

24  request for a loan.

25         2.  The department may allow a 5-year moratorium on the

26  loan reserve requirements established by any existing

27  stipulation of loan agreement for a grantee in a county as

28  defined in s. 125.011(1).  This subparagraph expires July 1,

29  2003.

30  

31  

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 1         Section 38.  In order to implement Specific

 2  Appropriations 2359-2382 of the 2002-2003 General

 3  Appropriations Act, and for the 2002-2003 fiscal year only:

 4         (1)(a)  Notwithstanding the provisions of s.

 5  550.01215(4), Florida Statutes, the license of a thoroughbred

 6  permitholder who fails to operate all performances specified

 7  on its license that are scheduled prior to July 1, 2003, shall

 8  not be subject to fine or suspension by the division.

 9         (b)  Notwithstanding the provisions of s.

10  550.09515(3)(a), Florida Statutes, a thoroughbred permitholder

11  who does not pay tax on handle for live thoroughbred

12  performances through the period ending July 1, 2003, does not

13  abandon its interest in its permit.

14         (c)  Notwithstanding the provision of s. 550.5251(2),

15  Florida Statutes, through the period ending July 1, 2003, the

16  ability to operate horseracing meets the full number of days

17  authorized on each of the dates set forth in its license shall

18  not be a condition precedent to the validity of a thoroughbred

19  permitholder's license or permit.

20         (2)  This section expires July 1, 2003.

21         Section 39.  In order to implement Specific

22  Appropriation 2815A of the 2002-2003 General Appropriations

23  Act, paragraph (a) of subsection (1) of section 110.152,

24  Florida Statutes, is amended to read:

25         110.152  Adoption benefits for state employees;

26  parental leave.--

27         (1)(a)1.  Any full-time or part-time employee of the

28  state who is paid from regular salary appropriations and who

29  adopts a special-needs child, as defined in paragraph (b), is

30  eligible to receive a monetary benefit in the amount of

31  $10,000 per child, $5,000 of which is payable in equal monthly

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    Florida House of Representatives - 2002                HB 29-E

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 1  installments over a 2-year period. Any employee of the state

 2  who adopts a child whose permanent custody has been awarded to

 3  the Department of Children and Family Services or to a

 4  Florida-licensed child-placing agency, other than a

 5  special-needs child as defined in paragraph (b), shall be

 6  eligible to receive a monetary benefit in the amount of $5,000

 7  per child, $2,000 of which is payable in equal monthly

 8  installments over a 2-year period. Benefits paid under this

 9  subsection to a part-time employee must be prorated based on

10  the employee's full-time-equivalency status at the time of

11  applying for the benefits.

12         2.  For the 2002-2003 fiscal year only, the Department

13  of Management Services is authorized to make lump-sum payments

14  for adoption benefits awarded during fiscal years 2000-2001

15  and 2001-2002.  This subparagraph expires July 1, 2003.

16         Section 40.  In order to implement Specific

17  Appropriation 2163 and Section 8 of the 2002-2003 General

18  Appropriations Act, and effective upon this act becoming a

19  law, section 110.2035, Florida Statutes, is amended to read:

20         110.2035  Classification and compensation program.--

21         (1)  The Department of Management Services, in

22  consultation with the Executive Office of the Governor and the

23  Legislature, shall establish and maintain develop a

24  classification and compensation program addressing.  This

25  program shall be developed for use by all state agencies and

26  shall address Career Service, Selected Exempt Service, and

27  Senior Management Service positions classes.

28         (2)  The program shall consist of the following:

29         (a)  A position classification system using no more

30  than 38 50 occupational groups and up to a 6-class series

31  structure for each occupation within an occupational group.

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 1  Additional occupational groups may be established only by the

 2  Executive Office of the Governor after consultation with the

 3  Legislature.

 4         (b)  A pay plan that shall provide broad-based salary

 5  ranges for each occupational group and shall consist of no

 6  more than 25 pay bands.

 7         (3)  The following goals shall be considered in

 8  designing and implementing and maintaining the program:

 9         (a)  The classification system must significantly

10  reduce the need to reclassify positions due to work assignment

11  and organizational changes by decreasing the number of

12  classification changes required.

13         (b)  The classification system must establish

14  broad-based classes allowing flexibility in organizational

15  structure and must reduce the levels of supervisory classes.

16         (c)  The classification system and pay plan must

17  emphasize pay administration and job-performance evaluation by

18  management rather than emphasize use of the classification

19  system to award salary increases.

20         (d)  The pay administration system must contain

21  provisions to allow managers the flexibility to move employees

22  through the pay ranges and provide for salary increase

23  additives and lump-sum bonuses if authorized by the

24  Legislature.

25         (4)  The classification system shall be structured such

26  that each confidential, managerial, and supervisory employee

27  shall be included in the Selected Exempt Service, in

28  accordance with part V of this chapter.

29         (5)  The Department of Management Services shall submit

30  the proposed design of the classification and compensation

31  program to the Executive Office of the Governor, the presiding

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    Florida House of Representatives - 2002                HB 29-E

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 1  officers of the Legislature, and the appropriate legislative

 2  fiscal and substantive standing committees on or before

 3  December 1, 2001.

 4         (5)(6)  The department shall establish, by rule,

 5  guidelines with respect to, and shall delegate to the

 6  employing agencies, where appropriate, the authority to

 7  administer the following:

 8         (a)  Shift differentials.

 9         (b)  On-call fees.

10         (c)  Hazardous-duty pay.

11         (d)  Advanced appointment rates.

12         (e)  Salary increase and decrease corrections.

13         (f)  Lead-worker pay.

14         (g)  Temporary special duties pay.

15         (h)  Trainer-additive pay.

16         (i)  Competitive area differentials.

17         (j)  Coordinator pay.

18         (k)  Critical market pay.

19  

20  The employing agency must use such pay additives as are

21  appropriate within the guidelines established by the

22  department and shall advise the department in writing of the

23  plan for implementing such pay additives prior to the

24  implementation date. Any action by an employing agency to

25  implement temporary special duties pay, competitive area

26  differentials, or critical market pay may be implemented only

27  after the department has reviewed and recommended such action;

28  however, an employing agency may use temporary special duties

29  pay for up to 3 months without prior review by the department.

30  The department shall annually provide a summary report of the

31  pay additives implemented pursuant to this section.

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    Florida House of Representatives - 2002                HB 29-E

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 1         (6)  The department shall adopt any rules necessary to

 2  implement the classification and compensation program to

 3  include Career Service, Selected Exempt Service, and Senior

 4  Management Service positions consistent with the plan

 5  submitted to the Legislature on December 1, 2001; however, the

 6  adopted plan shall include pay bandwidths of 150 percent for

 7  each occupational group except the manager and executive

 8  occupational groups. The department may adopt emergency rules

 9  if necessary to implement this program by July 1, 2002.

10         Section 41.  The amendment of section 110.2035, Florida

11  Statutes, by this act shall expire on July 1, 2003, and the

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

13  30, 2002, except that any amendments to such text enacted

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

15  operate to the extent that such amendments are not dependent

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

17  provisions of this act.

18         Section 42.  In order to implement Section 8 of the

19  2002-2003 General Appropriations Act, subsection (7) of

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

21         110.12315  Prescription drug program.--The state

22  employees' prescription drug program is established.  This

23  program shall be administered by the Department of Management

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

25  established by the relevant provisions of the annual General

26  Appropriations Act and implementing legislation, subject to

27  the following conditions:

28         (7)  Notwithstanding the provisions of subsections (1)

29  and (2), Under the state employees' prescription drug program

30  copayments must be made as follows:

31         (a)  Effective January 1, 2001:

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

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

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

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

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

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

 7         (b)  The Department of Management Services shall create

 8  a preferred brand name drug list to be used in the

 9  administration of the state employees' prescription drug

10  program.

11  

12  This subsection expires July 1, 2003 2002.

13         Section 43.  In order to implement Section 8 of the

14  2002-2003 General Appropriations Act, section 110.1239,

15  Florida Statutes, is amended to read:

16         110.1239  State group health insurance program

17  funding.--For the 2002-2003 2001-2002 fiscal year only, it is

18  the intent of the Legislature that the state group health

19  insurance program be managed, administered, operated, and

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

21  employee health insurance benefits. Inherent in this intent is

22  the recognition that the health insurance liabilities

23  attributable to the benefits offered state employees should be

24  fairly, orderly, and equitably funded. Accordingly:

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

26  necessary to fully fund the state group health insurance

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

28  made after each revenue estimating conference on health

29  insurance as provided in s. 216.136(1), but not later than

30  December 1 and April 1 of each fiscal year.

31  

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

 2  budget, shall provide premium rates necessary for full funding

 3  of the state group health insurance program, and the

 4  Legislature shall provide in the General Appropriations Act

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

 6  group health insurance program.

 7         (3)  For purposes of funding, any additional

 8  appropriation amounts allocated to the state group health

 9  insurance program by the Legislature shall be considered as a

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

11         (4)  This section expires July 1, 2003 2002.

12         Section 44.  In order to implement Sections 2-7 of the

13  2002-2003 General Appropriations Act, paragraph (c) of

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

15  112.061, Florida Statutes, are amended to read:

16         112.061  Per diem and travel expenses of public

17  officers, employees, and authorized persons.--

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

19  purposes of reimbursement and methods of calculating

20  fractional days of travel, the following principles are

21  prescribed:

22         (c)  For the 2002-2003 2001-2002 fiscal year only and

23  notwithstanding the other provisions of this subsection, for

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

25  per diem basis nor shall a traveler receive subsistence

26  allowance.  This paragraph expires July 1, 2003 2002.

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

28  purposes of reimbursement rates and methods of calculation,

29  per diem and subsistence allowances are divided into the

30  following groups and rates:

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1         (d)  For the 2002-2003 2001-2002 fiscal year only and

 2  notwithstanding the other provisions of this subsection, for

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

 4  per diem basis nor shall a traveler receive subsistence

 5  allowance.  This paragraph expires July 1, 2003 2002.

 6         Section 45.  If Committee Substitute for Senate Bills

 7  1906 and 550, Enrolled, 2002 Regular Session, does not become

 8  law, in order to implement Specific Appropriation 1498 of the

 9  2002-2003 General Appropriations Act, paragraph (b) of

10  subsection (8) of section 163.3184, Florida Statutes, is

11  amended to read:

12         163.3184  Process for adoption of comprehensive plan or

13  plan amendment.--

14         (8)  NOTICE OF INTENT.--

15         (b)1.  During the time period provided for in this

16  subsection, the state land planning agency shall issue,

17  through a senior administrator or the secretary, as specified

18  in the agency's procedural rules, a notice of intent to find

19  that the plan or plan amendment is in compliance or not in

20  compliance. A notice of intent shall be issued by publication

21  in the manner provided by this paragraph and by mailing a copy

22  to the local government and to persons who request notice.

23  The required advertisement shall be no less than 2 columns

24  wide by 10 inches long, and the headline in the advertisement

25  shall be in a type no smaller than 12 point. The advertisement

26  shall not be placed in that portion of the newspaper where

27  legal notices and classified advertisements appear.  The

28  advertisement shall be published in a newspaper which meets

29  the size and circulation requirements set forth in paragraph

30  (15)(c) and which has been designated in writing by the

31  affected local government at the time of transmittal of the

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    Florida House of Representatives - 2002                HB 29-E

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 1  amendment. Publication by the state land planning agency of a

 2  notice of intent in the newspaper designated by the local

 3  government shall be prima facie evidence of compliance with

 4  the publication requirements of this section.

 5         2.  For fiscal year 2002-2003 2001-2002 only, the

 6  provisions of this subparagraph shall supersede the provisions

 7  of subparagraph 1. During the time period provided for in this

 8  subsection, the state land planning agency shall issue,

 9  through a senior administrator or the secretary, as specified

10  in the agency's procedural rules, a notice of intent to find

11  that the plan or plan amendment is in compliance or not in

12  compliance. A notice of intent shall be issued by publication

13  in the manner provided by this paragraph and by mailing a copy

14  to the local government. The advertisement shall be placed in

15  that portion of the newspaper where legal notices appear. The

16  advertisement shall be published in a newspaper that meets the

17  size and circulation requirements set forth in paragraph

18  (15)(c) and that has been designated in writing by the

19  affected local government at the time of transmittal of the

20  amendment. Publication by the state land planning agency of a

21  notice of intent in the newspaper designated by the local

22  government shall be prima facie evidence of compliance with

23  the publication requirements of this section. The state land

24  planning agency shall post a copy of the notice of intent on

25  the agency's Internet site. The agency shall, no later than

26  the date the notice of intent is transmitted to the newspaper,

27  send by regular mail a courtesy informational statement to

28  persons who provide their names and addresses to the local

29  government at the transmittal hearing or at the adoption

30  hearing where the local government has provided the names and

31  addresses of such persons to the department at the time of

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    Florida House of Representatives - 2002                HB 29-E

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 1  transmittal of the adopted amendment. The informational

 2  statements shall include the name of the newspaper in which

 3  the notice of intent will appear, the approximate date of

 4  publication, the ordinance number of the plan or plan

 5  amendment, and a statement that affected persons have 21 days

 6  after the actual date of publication of the notice to file a

 7  petition. This subparagraph expires July 1, 2003 2002.

 8         Section 46.  In order to implement Specific

 9  Appropriations 1511 and 1523A of the 2002-2003 General

10  Appropriations Act, paragraph (b) of subsection (1) of section

11  252.373, Florida Statutes, is amended, and paragraph (c) is

12  added to said subsection, to read:

13         252.373  Allocation of funds; rules.--

14         (1)

15         (b)  Notwithstanding the provisions of paragraph (a),

16  and for the 2002-2003 2001-2002 fiscal year only, up to $2.2

17  million of the unencumbered balance of the Emergency

18  Management, Preparedness, and Assistance Trust Fund shall be

19  utilized to improve, and increase the number of, disaster

20  shelters within the state and improve local disaster

21  preparedness.  This paragraph expires on July 1, 2003 2002.

22         (c)  Notwithstanding the provisions of paragraph (a),

23  and for the 2002-2003 fiscal year only, the Department of

24  Community Affairs shall conduct a review of funds available in

25  the Emergency Management, Preparedness, and Assistance Trust

26  Fund. By December 1, 2002, when actual receipts for the

27  2001-2002 fiscal year are determined, the Department of

28  Community Affairs may identify any funds that were unspent or

29  unencumbered in the 2001-2002 fiscal year that are not

30  required to implement appropriations for the 2002-2003 fiscal

31  year from the Emergency Management, Preparedness, and

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    Florida House of Representatives - 2002                HB 29-E

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 1  Assistance Trust Fund, and such funds may be transferred to

 2  the Grants and Donations Trust Fund to be used for the state

 3  portion of the match requirements for federally approved

 4  Hazard Mitigation Grant Program projects. This paragraph

 5  expires July 1, 2003.

 6         Section 47.  In order to implement Specific

 7  Appropriation 2486 of the 2002-2003 General Appropriations

 8  Act, subsection (11) is added to section 288.063, Florida

 9  Statutes, to read:

10         288.063  Contracts for transportation projects.--

11         (11)  In addition to the other provisions of this

12  section, projects that the Legislature deems necessary to

13  facilitate the economic development and growth of the state

14  may be designated and funded in the General Appropriations

15  Act.  Such transportation projects create new employment

16  opportunities, expand transportation infrastructure, improve

17  mobility, or increase transportation innovation.  The Office

18  of Tourism, Trade, and Economic Development shall enter into

19  contracts with, and make expenditures to, the appropriate

20  entities for the costs of transportation projects designated

21  in the General Appropriations Act.  This subsection expires

22  July 1, 2003.

23         Section 48.  In order to implement proviso language in

24  Specific Appropriation 2235 of the 2002-2003 General

25  Appropriations Act, section 402.3017, Florida Statutes, is

26  amended to read:

27         402.3017  Teacher Education and Compensation Helps

28  (TEACH) scholarship program.--

29         (1)  The Legislature finds that the level of early

30  child care teacher education and training is a key predictor

31  for determining program quality. The Legislature also finds

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    Florida House of Representatives - 2002                HB 29-E

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 1  that low wages for child care workers prevent many from

 2  obtaining increased training and education and contribute to

 3  high turnover rates.  The Legislature therefore intends to

 4  help fund a program which links teacher training and education

 5  to compensation and commitment to the field of early childhood

 6  education.

 7         (2)  The Department of Children and Family Services is

 8  authorized to contract for the administration of the Teacher

 9  Education and Compensation Helps (TEACH) scholarship program,

10  which provides educational scholarships to caregivers and

11  administrators of early childhood programs, family day care

12  homes, and large family child care homes.

13         (3)  The department shall adopt rules as necessary to

14  implement this section.

15         (4)  For the 2002-2003 fiscal year only, the Agency for

16  Workforce Innovation shall administer this section. This

17  subsection expires July 1, 2003.

18         Section 49.  In order to implement Specific

19  Appropriation 1574B of the 2002-2003 General Appropriations

20  Act, subsection (4) is added to section 125.35, Florida

21  Statutes, to read:

22         125.35  County authorized to sell real and personal

23  property and to lease real property.--

24         (4)  For fiscal year 2002-2003 only, the board of

25  county commissioners is authorized to lease, under terms and

26  conditions negotiated by the board, a parcel of real property

27  of 5 acres or less that is located in an area designated as an

28  empowerment zone under the Taxpayer Relief Act of 1997 for the

29  purpose of:

30         (a)  Enhancement, promotion, or improvement of economic

31  activity or revitalization;

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 1         (b)  Urban development or redevelopment;

 2         (c)  Tourism;

 3         (d)  Transportation; or

 4         (e)  Opportunities for gainful employment.

 5  

 6  Such purposes are hereby found and declared to be public

 7  purposes.  This subsection expires July 1, 2003.

 8         Section 50.  In order to implement Specific

 9  Appropriations 2161A and 2161G of the 2002-2003 General

10  Appropriations Act, subsection (5) is added to section

11  338.2216, Florida Statutes, as created by section 18 of

12  chapter 2002-20, Laws of Florida, to read:

13         338.2216  Florida Turnpike Enterprise; powers and

14  authority.--

15         (5)  For the 2002-2003 fiscal year only, any toll

16  collector or laborer retained in a position temporarily

17  continued under the authority provided by proviso following

18  Specific Appropriations 2161A and 2161G of the 2002-2003

19  General Appropriations Act shall remain in the career service.

20         Section 51.  In order to implement Specific

21  Appropriations 349, 1170, 2877, and 3119 of the 2002-2003

22  General Appropriations Act, section 215.20, Florida Statutes,

23  as amended by section 2 of chapter 2002-46, Laws of Florida,

24  is amended to read:

25         (Substantial rewording of section.  See

26         s. 215.20, F.S., for present text.)

27         215.20  Certain income and certain trust funds to

28  contribute to the General Revenue Fund.--

29         (1)  A service charge of 7 percent, representing the

30  estimated pro rata share of the cost of general government

31  paid from the General Revenue Fund, is hereby appropriated

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    Florida House of Representatives - 2002                HB 29-E

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 1  from all income of a revenue nature deposited in all trust

 2  funds except those enumerated in s. 215.22.  Income of a

 3  revenue nature shall include all earnings received or credited

 4  by such trust funds, including the interest or benefit

 5  received from the investment of the principal of such trust

 6  funds as may be permitted by law.  This provision shall be

 7  construed in favor of the General Revenue Fund in each

 8  instance.  All such appropriations shall be deposited in the

 9  General Revenue Fund.

10         (2)  Notwithstanding the provisions of subsection (1):

11         (a)  The trust funds of the Department of Citrus and

12  the Department of Agriculture and Consumer Services, including

13  funds collected in the General Inspection Trust Fund for

14  marketing orders and in the Florida Citrus Advertising Trust

15  Fund, shall be subject to a 3-percent service charge, which is

16  hereby appropriated to the General Revenue Fund.  This

17  paragraph does not apply to the Conservation and Recreation

18  Lands Program Trust Fund, the Florida Quarter Horse Racing

19  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

20  Florida Forever Program Trust Fund, the Florida Preservation

21  2000 Trust Fund, the Market Improvements Working Capital Trust

22  Fund, the Pest Control Trust Fund, the Plant Industry Trust

23  Fund, or other funds collected in the General Inspection Trust

24  Fund in the Department of Agriculture and Consumer Services.

25         (b)  The Save the Manatee Trust Fund in the Fish and

26  Wildlife Conservation Commission shall be subject to a

27  3-percent service charge, which is hereby appropriated to the

28  General Revenue Fund.

29         (3)  A service charge of 0.3 percent is hereby

30  appropriated from income of a revenue nature deposited in the

31  trust funds enumerated in subsection (4). Income of a revenue

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    Florida House of Representatives - 2002                HB 29-E

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 1  nature shall include all earnings received or credited by such

 2  trust funds, including the interest or benefit received from

 3  the investment of the principal of such trust funds as may be

 4  permitted by law.  This provision shall be construed in favor

 5  of the General Revenue Fund in each instance.  All such

 6  appropriations shall be deposited in the General Revenue Fund.

 7         (4)  The income of a revenue nature deposited in the

 8  following described trust funds, by whatever name designated,

 9  is that from which the appropriations authorized by subsection

10  (3) shall be made:

11         (a)  Within the Agency for Health Care Administration:

12         1.  The Florida Organ and Tissue Donor Education and

13  Procurement Trust Fund.

14         2.  The Health Care Trust Fund.

15         3.  The Resident Protection Trust Fund.

16         (b)  Within the Agency for Workforce Innovation, the

17  Employment Security Administration Trust Fund.

18         (c)  Within the Department of Agriculture and Consumer

19  Services:

20         1.  The Conservation and Recreation Lands Program Trust

21  Fund.

22         2.  The Florida Quarter Horse Racing Promotion Trust

23  Fund.

24         3.  The General Inspection Trust Fund and subsidiary

25  accounts thereof, unless a different percentage is authorized

26  by s. 570.20.

27         (d)  Within the Department of Banking and Finance:

28         1.  The Administrative Trust Fund.

29         2.  The Anti-Fraud Trust Fund.

30         3.  The Financial Institutions' Regulatory Trust Fund.

31         4.  The Mortgage Brokerage Guaranty Fund.

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    Florida House of Representatives - 2002                HB 29-E

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 1         5.  The Regulatory Trust Fund.

 2         (e)  Within the Department of Business and Professional

 3  Regulation:

 4         1.  The Administrative Trust Fund.

 5         2.  The Alcoholic Beverage and Tobacco Trust Fund.

 6         3.  The Cigarette Tax Collection Trust Fund.

 7         4.  The Division of Florida Land Sales, Condominiums,

 8  and Mobile Homes Trust Fund.

 9         5.  The Hotel and Restaurant Trust Fund, with the

10  exception of those fees collected for the purpose of funding

11  of the hospitality education program as stated in s. 509.302.

12         6.  The Professional Regulation Trust Fund.

13         7.  The trust funds administered by the Division of

14  Pari-mutuel Wagering.

15         (f)  Within the Department of Children and Family

16  Services:

17         1.  The Administrative Trust Fund.

18         2.  The Child Welfare Training Trust Fund.

19         3.  The Children and Adolescents Substance Abuse Trust

20  Fund.

21         4.  The Domestic Violence Trust Fund.

22         5.  The Grants and Donations Trust Fund.

23         6.  The Operations and Maintenance Trust Fund.

24         (g)  Within the Department of Citrus, the Florida

25  Citrus Advertising Trust Fund, including transfers from any

26  subsidiary accounts thereof, unless a different percentage is

27  authorized in s. 601.15(7).

28         (h)  Within the Department of Community Affairs, the

29  Operating Trust Fund.

30         (i)  Within the Department of Education:

31  

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 1         1.  The Educational Certification and Service Trust

 2  Fund.

 3         2.  The Phosphate Research Trust Fund.

 4         (j)  Within the Department of Elderly Affairs:

 5         1.  The Administrative Trust Fund.

 6         2.  The Federal Grants Trust Fund.

 7         3.  The Grants and Donations Trust Fund.

 8         4.  The Operations and Maintenance Trust Fund.

 9         (k)  Within the Department of Environmental Protection:

10         1.  The Administrative Trust Fund.

11         2.  The Air Pollution Control Trust Fund.

12         3.  The Conservation and Recreation Lands Trust Fund.

13         4.  The Ecosystem Management and Restoration Trust

14  Fund.

15         5.  The Environmental Laboratory Trust Fund.

16         6.  The Florida Coastal Protection Trust Fund.

17         7.  The Florida Permit Fee Trust Fund.

18         8.  The Forfeited Property Trust Fund.

19         9.  The Grants and Donations Trust Fund.

20         10.  The Inland Protection Trust Fund.

21         11.  The Internal Improvement Trust Fund.

22         12.  The Land Acquisition Trust Fund.

23         13.  The Minerals Trust Fund.

24         14.  The Nonmandatory Land Reclamation Trust Fund.

25         15.  The State Park Trust Fund.

26         16.  The Water Quality Assurance Trust Fund.

27         17.  The Working Capital Trust Fund.

28         (l)  Within the Department of Health:

29         1.  The Administrative Trust Fund.

30         2.  The Brain and Spinal Cord Injury Program Trust

31  Fund.

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    Florida House of Representatives - 2002                HB 29-E

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 1         3.  The Donations Trust Fund.

 2         4.  The Emergency Medical Services Trust Fund.

 3         5.  The Epilepsy Services Trust Fund.

 4         6.  The Florida Drug, Device, and Cosmetic Trust Fund.

 5         7.  The Grants and Donations Trust Fund.

 6         8.  The Medical Quality Assurance Trust Fund.

 7         9.  The Nursing Student Loan Forgiveness Trust Fund.

 8         10.  The Planning and Evaluation Trust Fund.

 9         11.  The Radiation Protection Trust Fund.

10         (m)  Within the Department of Highway Safety and Motor

11  Vehicles, the DUI Programs Coordination Trust Fund.

12         (n)  Within the Department of Insurance:

13         1.  The Agents and Solicitors County Tax Trust Fund.

14         2.  The Insurance Commissioner's Regulatory Trust Fund.

15         (o)  Within the Department of Labor and Employment

16  Security or, if such department is terminated, within the

17  agency or department to which the named trust fund has been

18  transferred:

19         1.  The Special Disability Trust Fund.

20         2.  The Special Employment Security Administration

21  Trust Fund.

22         3.  The Workers' Compensation Administration Trust

23  Fund.

24         (p)  Within the Department of Legal Affairs, the Crimes

25  Compensation Trust Fund.

26         (q)  Within the Department of Management Services:

27         1.  The Administrative Trust Fund.

28         2.  The Architects Incidental Trust Fund.

29         3.  The Bureau of Aircraft Trust Fund.

30         4.  The Florida Facilities Pool Working Capital Trust

31  Fund.

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 1         5.  The Grants and Donations Trust Fund.

 2         6.  The Motor Vehicle Operating Trust Fund.

 3         7.  The Police and Firefighters' Premium Tax Trust

 4  Fund.

 5         8.  The Public Employees Relations Commission Trust

 6  Fund.

 7         9.  The State Personnel System Trust Fund.

 8         10.  The Supervision Trust Fund.

 9         11.  The Working Capital Trust Fund.

10         (r)  Within the Department of Revenue:

11         1.  The Additional Court Cost Clearing Trust Fund.

12         2.  The Administrative Trust Fund.

13         3.  The Apalachicola Bay Oyster Surcharge Clearing

14  Trust Fund.

15         4.  The Certification Program Trust Fund.

16         5.  The Fuel Tax Collection Trust Fund.

17         6.  The Land Reclamation Trust Fund.

18         7.  The Local Alternative Fuel User Fee Clearing Trust

19  Fund.

20         8.  The Local Option Fuel Tax Trust Fund.

21         9.  The Motor Vehicle Rental Surcharge Clearing Trust

22  Fund.

23         10.  The Motor Vehicle Warranty Trust Fund.

24         11.  The Oil and Gas Tax Trust Fund.

25         12.  The Secondhand Dealer and Secondary Metals

26  Recycler Clearing Trust Fund.

27         13.  The Severance Tax Solid Mineral Trust Fund.

28         14.  The State Alternative Fuel User Fee Clearing Trust

29  Fund.

30         15.  All taxes levied on motor fuels other than

31  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

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    Florida House of Representatives - 2002                HB 29-E

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 1         (s)  Within the Department of State:

 2         1.  The Division of Licensing Trust Fund.

 3         2.  The Records Management Trust Fund.

 4         3.  The trust funds administered by the Division of

 5  Historical Resources.

 6         (t)  Within the Department of Transportation, all

 7  income derived from outdoor advertising and overweight

 8  violations which is deposited in the State Transportation

 9  Trust Fund.

10         (u)  Within the Department of Veterans' Affairs:

11         1.  The Grants and Donations Trust Fund.

12         2.  The Operations and Maintenance Trust Fund.

13         3.  The State Homes for Veterans Trust Fund.

14         (v)  Within the Division of Administrative Hearings,

15  the Administrative Trust Fund.

16         (w)  Within the Fish and Wildlife Conservation

17  Commission:

18         1.  The Conservation and Recreation Lands Program Trust

19  Fund.

20         2.  The Florida Panther Research and Management Trust

21  Fund.

22         3.  The Land Acquisition Trust Fund.

23         4.  The Marine Resources Conservation Trust Fund, with

24  the exception of those fees collected for recreational

25  saltwater fishing licenses as provided in s. 372.57.

26         (x)  Within the Florida Public Service Commission, the

27  Florida Public Service Regulatory Trust Fund.

28         (y)  Within the Justice Administrative Commission, the

29  Indigent Criminal Defense Trust Fund.

30  

31  

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    Florida House of Representatives - 2002                HB 29-E

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 1  The enumeration of the foregoing moneys or trust funds shall

 2  not prohibit the applicability thereto of s. 215.24 should the

 3  Governor determine that for the reasons mentioned in s. 215.24

 4  the money or trust funds should be exempt herefrom, as it is

 5  the purpose of this law to exempt income from its force and

 6  effect when, by the operation of this law, federal matching

 7  funds or contributions or private grants to any trust fund

 8  would be lost to the state.

 9         (5)  There is appropriated from the proper respective

10  trust funds from time to time such sums as may be necessary to

11  pay to the General Revenue Fund the service charges imposed by

12  this section.

13         Section 52.  The amendment of section 215.20, Florida

14  Statutes, by this act shall expire on July 1, 2003, and the

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

16  30, 2002, except that any amendments to such text enacted

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

18  operate to the extent that such amendments are not dependent

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

20  provisions of this act.

21         Section 53.  In order to implement Specific

22  Appropriations 349, 1170, 2877, and 3119 of the 2002-2003

23  General Appropriations Act, subsection (1) of section 215.22,

24  Florida Statutes, is amended to read:

25         215.22  Certain income and certain trust funds

26  exempt.--

27         (1)  The following income of a revenue nature or the

28  following trust funds shall be exempt from the appropriation

29  deduction required by s. 215.20(1):

30         (a)  Student financial aid or prepaid tuition receipts.

31  

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 1         (b)  Trust funds administered by the Department of the

 2  Lottery.

 3         (c)  Departmental administrative assessments for

 4  administrative divisions.

 5         (d)  Funds charged by a state agency for services

 6  provided to another state agency, by a state agency for

 7  services provided to the judicial branch, or by the judicial

 8  branch for services provided to a state agency.

 9         (e)  State, agency, or political subdivision

10  investments by the Treasurer.

11         (f)  Retirement or employee benefit funds.

12         (g)  Self-insurance programs administered by the

13  Treasurer.

14         (h)  Funds held for the payment of citrus canker

15  eradication and compensation.

16         (i)  Medicaid, Medicare, or third-party receipts for

17  client custodial care.

18         (j)  Bond proceeds or revenues dedicated for bond

19  repayment, except for the Documentary Stamp Clearing Trust

20  Fund administered by the Department of Revenue.

21         (k)  Trust funds administered by the Department of

22  Education.

23         (l)  Trust funds administered by the Department of

24  Transportation.

25         (m)  The following trust funds administered by the

26  Department of Agriculture and Consumer Services:

27         1.  The Citrus Inspection Trust Fund.

28         2.  The Florida Forever Program Trust Fund.

29         3.  The Florida Preservation 2000 Trust Fund.

30         4.  The Market Improvements Working Capital Trust Fund.

31         5.  The Pest Control Trust Fund.

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    Florida House of Representatives - 2002                HB 29-E

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 1         6.  The Plant Industry Trust Fund.

 2         (n)  The Motor Vehicle License Clearing Trust Fund.

 3         (o)  The Solid Waste Management Trust Fund.

 4         (p)  The Coconut Grove Playhouse Trust Fund.

 5         (q)  The Communications Working Capital Trust Fund of

 6  the Department of Management Services.

 7         (r)  The Camp Blanding Management Trust Fund.

 8         (s)  The Indigent Criminal Defense Trust Fund.

 9         (s)(t)  That portion of the Highway Safety Operating

10  Trust Fund funded by the motorcycle safety education fee

11  collected pursuant to s. 320.08(1)(c).

12         (u)  The Save the Manatee Trust Fund.

13         (t)(v)  Tobacco Settlement Trust Funds administered by

14  any agency.

15         (u)(w)  The Save Our Everglades Trust Fund.

16         Section 54.  The amendment of subsection (1) of section

17  215.22, Florida Statutes, by this act shall expire on July 1,

18  2003, and the text of that subsection shall revert to that in

19  existence on June 30, 2002, except that any amendments to such

20  text enacted other than by this act shall be preserved and

21  continue to operate to the extent that such amendments are not

22  dependent upon the portions of such text which expire pursuant

23  to the provisions of this act.

24         Section 55.  In order to implement Specific

25  Appropriations 349, 1170, and 3119 of the 2002-2003 General

26  Appropriations Act, subsection (4) of section 18.10, Florida

27  Statutes, is amended to read:

28         18.10  Deposits and investments of state money.--

29         (4)  All earnings on any investments made pursuant to

30  this section are hereby appropriated shall be credited to the

31  General Revenue Fund, except that earnings attributable to

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    Florida House of Representatives - 2002                HB 29-E

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 1  moneys made available pursuant to s. 18.125(3)(a) and (b)

 2  shall be credited pro rata to the funds from which such moneys

 3  were made available.

 4         Section 56.  The amendment of subsection (4) of section

 5  18.10, Florida Statutes, by this act shall expire on July 1,

 6  2003, and the text of that subsection shall revert to that in

 7  existence on June 30, 2002, except that any amendments to such

 8  text enacted other than by this act shall be preserved and

 9  continue to operate to the extent that such amendments are not

10  dependent upon the portions of such text which expire pursuant

11  to the provisions of this act.

12         Section 57.  In order to implement Specific

13  Appropriations 349, 1170, and 3119 of the 2002-2003 General

14  Appropriations Act, subsection (3) of section 18.125, Florida

15  Statutes, is amended to read:

16         18.125  Treasurer; powers and duties in the investment

17  of certain funds.--

18         (3)(a)  Except as otherwise provided in this

19  subsection, it is the duty of each state agency, and of the

20  judicial branch, now or hereafter charged with the

21  administration of the funds referred to in subsection (1) to

22  make such moneys available for investment as fully as is

23  consistent with the cash requirements of the particular fund

24  and to authorize investment of such moneys by the Treasurer.

25         (b)  Monthly, and more often as circumstances require,

26  such agency or judicial branch shall notify the Treasurer of

27  the amount available for investment; and the moneys shall be

28  invested by the Treasurer.  Such notification shall include

29  the name and number of the fund for which the investments are

30  to be made and the life of the investment if the principal sum

31  is to be required for meeting obligations.  This subsection,

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    Florida House of Representatives - 2002                HB 29-E

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 1  however, shall not be construed to make available for

 2  investment any funds other than those referred to in

 3  subsection (1).

 4         (c)  Except as provided in this paragraph and except

 5  for moneys described in paragraph (d), the following agencies

 6  shall not invest trust fund moneys as provided in this

 7  section, but shall retain such moneys in their respective

 8  trust funds for investment, with interest appropriated to the

 9  General Revenue Fund, pursuant to s. 18.10:

10         1.  The Agency for Health Care Administration, except

11  for the Tobacco Settlement Trust Fund.

12         2.  The Department of Children and Family Services,

13  except for:

14         a.  The Alcohol, Drug Abuse, and Mental Health Trust

15  Fund.

16         b.  The Community Resources Development Trust Fund.

17         c.  The Refugee Assistance Trust Fund.

18         d.  The Social Services Block Grant Trust Fund.

19         e.  The Tobacco Settlement Trust Fund.

20         f.  The Working Capital Trust Fund.

21         3.  The Department of Community Affairs, only for the

22  Operating Trust Fund.

23         4.  The Department of Corrections.

24         5.  The Department of Elderly Affairs, except for:

25         a.  The Federal Grants Trust Fund.

26         b.  The Tobacco Settlement Trust Fund.

27         6.  The Department of Health, except for:

28         a.  The Federal Grants Trust Fund.

29         b.  The Grants and Donations Trust Fund.

30         c.  The Maternal and Child Health Block Grant Trust

31  Fund.

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 1         d.  The Tobacco Settlement Trust Fund.

 2         7.  The Department of Highway Safety and Motor

 3  Vehicles, only for:

 4         a.  The DUI Programs Coordination Trust Fund.

 5         b.  The Security Deposits Trust Fund.

 6         8.  The Department of Juvenile Justice.

 7         9.  The Department of Labor and Employment Security,

 8  only for the Administrative Trust Fund.

 9         10.  The Department of Law Enforcement.

10         11.  The Department of Legal Affairs.

11         12.  The Department of State, only for:

12         a.  The Grants and Donations Trust Fund.

13         b.  The Records Management Trust Fund.

14         13.  The Executive Office of the Governor, only for:

15         a.  The Economic Development Transportation Trust Fund.

16         b.  The Economic Development Trust Fund.

17         14.  The Florida Public Service Commission, only for

18  the Florida Public Service Regulatory Trust Fund.

19         15.  The Justice Administrative Commission.

20         16.  The state courts system.

21         (d)  Moneys in any trust funds of the agencies in

22  paragraph (c) may be invested pursuant to the provisions of

23  this section if:

24         1.  Investment of such moneys and the retention of

25  interest is required by federal programs or mandates;

26         2.  Investment of such moneys and the retention of

27  interest is required by bond covenants, indentures, or

28  resolutions;

29         3.  Such moneys are held by the state in a trustee

30  capacity as an agent or fiduciary for individuals, private

31  organizations, or other governmental units; or

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    Florida House of Representatives - 2002                HB 29-E

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 1         4.  The Executive Office of the Governor determines,

 2  after consultation with the Legislature pursuant to the

 3  procedures of s. 216.177, that federal matching funds or

 4  contributions or private grants to any trust fund would be

 5  lost to the state.

 6         Section 58.  The amendment of subsection (3) of section

 7  18.125, Florida Statutes, by this act shall expire on July 1,

 8  2003, and the text of that subsection shall revert to that in

 9  existence on June 30, 2002, except that any amendments to such

10  text enacted other than by this act shall be preserved and

11  continue to operate to the extent that such amendments are not

12  dependent upon the portions of such text which expire pursuant

13  to the provisions of this act.

14         Section 59.  In order to implement Specific

15  Appropriation 3119 of the 2002-2003 General Appropriations

16  Act, paragraph (f) of subsection (2) of section 14.2015,

17  Florida Statutes, is amended to read:

18         14.2015  Office of Tourism, Trade, and Economic

19  Development; creation; powers and duties.--

20         (2)  The purpose of the Office of Tourism, Trade, and

21  Economic Development is to assist the Governor in working with

22  the Legislature, state agencies, business leaders, and

23  economic development professionals to formulate and implement

24  coherent and consistent policies and strategies designed to

25  provide economic opportunities for all Floridians.  To

26  accomplish such purposes, the Office of Tourism, Trade, and

27  Economic Development shall:

28         (f)1.  Administer the Florida Enterprise Zone Act under

29  ss. 290.001-290.016, the community contribution tax credit

30  program under ss. 220.183 and 624.5105, the tax refund program

31  for qualified target industry businesses under s. 288.106, the

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    Florida House of Representatives - 2002                HB 29-E

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 1  tax-refund program for qualified defense contractors under s.

 2  288.1045, contracts for transportation projects under s.

 3  288.063, the sports franchise facility program under s.

 4  288.1162, the professional golf hall of fame facility program

 5  under s. 288.1168, the expedited permitting process under s.

 6  403.973, the Rural Community Development Revolving Loan Fund

 7  under s. 288.065, the Regional Rural Development Grants

 8  Program under s. 288.018, the Certified Capital Company Act

 9  under s. 288.99, the Florida State Rural Development Council,

10  the Rural Economic Development Initiative, and other programs

11  that are specifically assigned to the office by law, by the

12  appropriations process, or by the Governor. Notwithstanding

13  any other provisions of law, the office may expend interest

14  earned from the investment of program funds deposited in the

15  Economic Development Trust Fund, the Grants and Donations

16  Trust Fund and, the Brownfield Property Ownership Clearance

17  Assistance Revolving Loan Trust Fund, and the Economic

18  Development Transportation Trust Fund to contract for the

19  administration of the programs, or portions of the programs,

20  enumerated in this paragraph or assigned to the office by law,

21  by the appropriations process, or by the Governor. Such

22  expenditures shall be subject to review under chapter 216.

23         2.  The office may enter into contracts in connection

24  with the fulfillment of its duties concerning the Florida

25  First Business Bond Pool under chapter 159, tax incentives

26  under chapters 212 and 220, tax incentives under the Certified

27  Capital Company Act in chapter 288, foreign offices under

28  chapter 288, the Enterprise Zone program under chapter 290,

29  the Seaport Employment Training program under chapter 311, the

30  Florida Professional Sports Team License Plates under chapter

31  320, Spaceport Florida under chapter 331, Expedited Permitting

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    Florida House of Representatives - 2002                HB 29-E

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 1  under chapter 403, and in carrying out other functions that

 2  are specifically assigned to the office by law, by the

 3  appropriations process, or by the Governor.

 4         Section 60.  The amendment of paragraph (f) of

 5  subsection (2) of section 14.2015, Florida Statutes, by this

 6  act shall expire on July 1, 2003, and the text of that

 7  paragraph shall revert to that in existence on June 30, 2002,

 8  except that any amendments to such text enacted other than by

 9  this act shall be preserved and continue to operate to the

10  extent that such amendments are not dependent upon the

11  portions of such text which expire pursuant to the provisions

12  of this act.

13         Section 61.  In order to implement Specific

14  Appropriation 349 of the 2002-2003 General Appropriations Act,

15  subsection (7) of section 240.4075, Florida Statutes, is

16  amended to read:

17         240.4075  Nursing Student Loan Forgiveness Program.--

18         (7)(a)  Funds contained in the Nursing Student Loan

19  Forgiveness Trust Fund which are to be used for loan

20  forgiveness for those nurses employed by hospitals, birth

21  centers, and nursing homes must be matched on a

22  dollar-for-dollar basis by contributions from the employing

23  institutions, except that this provision shall not apply to

24  state-operated medical and health care facilities, public

25  schools, county health departments, federally sponsored

26  community health centers, teaching hospitals as defined in s.

27  408.07, family practice teaching hospitals as defined in s.

28  395.805, or specialty hospitals for children as used in s.

29  409.9119. If in any given fiscal quarter there are

30  insufficient funds in the trust fund to grant all eligible

31  applicant requests, awards shall be based on the following

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 1  priority of employer:  county health departments; federally

 2  sponsored community health centers; state-operated medical and

 3  health care facilities; public schools; teaching hospitals as

 4  defined in s. 408.07; family practice teaching hospitals as

 5  defined in s. 395.805; specialty hospitals for children as

 6  used in s. 409.9119; and other hospitals, birth centers, and

 7  nursing homes.

 8         (b)  All Nursing Student Loan Forgiveness Trust Fund

 9  moneys shall be invested pursuant to s. 18.125.  Interest

10  income accruing to that portion of the trust fund not matched

11  shall increase the total funds available for loan forgiveness

12  and scholarships. Pledged contributions shall not be eligible

13  for matching prior to the actual collection of the total

14  private contribution for the year.

15         Section 62.  The amendment of subsection (7) of section

16  240.4075, Florida Statutes, by this act shall expire on July

17  1, 2003, and the text of that subsection shall revert to that

18  in existence on June 30, 2002, except that any amendments to

19  such text enacted other than by this act shall be preserved

20  and continue to operate to the extent that such amendments are

21  not dependent upon the portions of such text which expire

22  pursuant to the provisions of this act.

23         Section 63.  In order to implement Specific

24  Appropriation 349 of the 2002-2003 General Appropriations Act,

25  subsection (3) of section 385.207, Florida Statutes, is

26  amended to read:

27         385.207  Care and assistance of persons with epilepsy;

28  establishment of programs in epilepsy control.--

29         (3)  Revenue for statewide implementation of programs

30  for epilepsy prevention and education pursuant to this section

31  shall be derived pursuant to the provisions of s. 318.21(6)

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 1  and shall be deposited in the Epilepsy Services Trust Fund,

 2  which is hereby established to be administered by the

 3  Department of Health.  All funds deposited into the trust fund

 4  shall be invested pursuant to the provisions of s. 18.125.

 5  Interest income accruing to such invested funds shall increase

 6  the total funds available under this subsection.

 7         Section 64.  The amendment of subsection (3) of section

 8  385.207, Florida Statutes, by this act shall expire on July 1,

 9  2003, and the text of that subsection shall revert to that in

10  existence on June 30, 2002, except that any amendments to such

11  text enacted other than by this act shall be preserved and

12  continue to operate to the extent that such amendments are not

13  dependent upon the portions of such text which expire pursuant

14  to the provisions of this act.

15         Section 65.  In order to implement Specific

16  Appropriation 1170 of the 2002-2003 General Appropriations

17  Act, subsection (1) of section 860.158, Florida Statutes, is

18  amended to read:

19         860.158  Florida Motor Vehicle Theft Prevention Trust

20  Fund.--

21         (1)  There is hereby established within the Department

22  of Legal Affairs the Florida Motor Vehicle Theft Prevention

23  Trust Fund, which shall be administered by the executive

24  director of the authority at the direction of the board. All

25  interest earned from the investment or deposit of moneys

26  accumulated in the trust fund shall be deposited in the trust

27  fund. The trust fund shall be funded from the surcharge

28  collected under s. 320.08046.

29         Section 66.  The amendment of subsection (1) of section

30  860.158, Florida Statutes, by this act shall expire on July 1,

31  2003, and the text of that subsection shall revert to that in

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 1  existence on June 30, 2002, except that any amendments to such

 2  text enacted other than by this act shall be preserved and

 3  continue to operate to the extent that such amendments are not

 4  dependent upon the portions of such text which expire pursuant

 5  to the provisions of this act.

 6         Section 67.  In order to implement Specific

 7  Appropriation 1170 of the 2002-2003 General Appropriations

 8  Act, subsection (1) of section 938.01, Florida Statutes, as

 9  amended by section 18 of chapter 2002-55, Laws of Florida, is

10  amended to read:

11         938.01  Additional Court Cost Clearing Trust Fund.--

12         (1)  All courts created by Art. V of the State

13  Constitution shall, in addition to any fine or other penalty,

14  assess $3 as a court cost against every person convicted for

15  violation of a state penal or criminal statute or convicted

16  for violation of a municipal or county ordinance. Any person

17  whose adjudication is withheld pursuant to the provisions of

18  s. 318.14(9) or (10) shall also be assessed such cost. In

19  addition, $3 from every bond estreature or forfeited bail bond

20  related to such penal statutes or penal ordinances shall be

21  remitted to the Department of Revenue as described in this

22  subsection. However, no such assessment may be made against

23  any person convicted for violation of any state statute,

24  municipal ordinance, or county ordinance relating to the

25  parking of vehicles.

26         (a)  All costs collected by the courts pursuant to this

27  subsection shall be remitted to the Department of Revenue in

28  accordance with administrative rules adopted by the executive

29  director of the Department of Revenue for deposit in the

30  Additional Court Cost Clearing Trust Fund. These funds and the

31  funds deposited in the Additional Court Cost Clearing Trust

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1  Fund pursuant to s. 318.21(2)(c) shall be distributed as

 2  follows:

 3         1.  Ninety-two percent to the Department of Law

 4  Enforcement Criminal Justice Standards and Training Trust

 5  Fund.

 6         2.  Six and three-tenths percent to the Department of

 7  Law Enforcement Operating Trust Fund for the Criminal Justice

 8  Grant Program.

 9         3.  One and seven-tenths percent to the Department of

10  Children and Family Services Domestic Violence Trust Fund for

11  the domestic violence program pursuant to s. 39.903(3).

12         (b)  The funds deposited in the Department of Law

13  Enforcement Criminal Justice Standards and Training Trust

14  Fund, the Department of Law Enforcement Operating Trust Fund,

15  and the Department of Children and Family Services Domestic

16  Violence Trust Fund may be invested. Any interest earned from

17  investing such funds and any unencumbered funds remaining at

18  the end of the budget cycle shall remain in the respective

19  trust fund.

20         (b)(c)  All funds in the Department of Law Enforcement

21  Criminal Justice Standards and Training Trust Fund shall be

22  disbursed only in compliance with s. 943.25(9).

23         Section 68.  The amendment of subsection (1) of section

24  938.01, Florida Statutes, by this act shall expire on July 1,

25  2003, and the text of that subsection shall revert to that in

26  existence on June 30, 2002, except that any amendments to such

27  text enacted other than by this act shall be preserved and

28  continue to operate to the extent that such amendments are not

29  dependent upon the portions of such text which expire pursuant

30  to the provisions of this act.

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         Section 69.  A section of this act that implements a

 2  specific appropriation or specifically identified proviso

 3  language in the 2002-2003 General Appropriations Act is void

 4  if the specific appropriation or specifically identified

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

 6  implements more than one specific appropriation or more than

 7  one portion of specifically identified proviso language in the

 8  2002-2003 General Appropriations Act is void if all the

 9  specific appropriations or portions of specifically identified

10  proviso language are vetoed.

11         Section 70.  If any other act passed in 2002 contains a

12  provision that is substantively the same as a provision in

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

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

15  Legislature intends that the provision in the other act shall

16  take precedence and shall continue to operate, notwithstanding

17  the future repeal provided by this act.

18         Section 71.  The agency performance measures and

19  standards in the document entitled "Florida's Budget 2002

20  Agency Performance Measures and Standards Approved by the

21  Legislature for Fiscal Year 2002-03" dated April 29, 2002, and

22  filed with the Clerk of the House of Representatives are

23  incorporated by reference. Such performance measures and

24  standards are directly linked to the appropriations made in

25  the General Appropriations Act for fiscal year 2002-2003, as

26  required by the Government Performance and Accountability Act

27  of 1994. State agencies are directed to revise their

28  long-range program plans required under section 216.013,

29  Florida Statutes, to be consistent with these performance

30  measures and standards.

31  

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    Florida House of Representatives - 2002                HB 29-E

    187-958C-02E






 1         Section 72.  If any provision of this act or its

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

 3  invalidity shall not affect other provisions or applications

 4  of the act which can be given effect without the invalid

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

 6  this act are declared severable.

 7         Section 73.  Except as otherwise provided in this act,

 8  this act shall take effect July 1, 2002; or, in the event this

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

10  effect upon becoming a law and shall operate retroactively to

11  July 1, 2002.

12  

13            *****************************************

14                          HOUSE SUMMARY

15  
      Provides guidelines for implementing the 2002-2003
16    General Appropriations Act.  Adopts state agency program
      performance measures and standards.  See bill for
17    details.

18  

19  

20  

21  

22  

23  

24  

25  

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30  

31  

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