House Bill hb0029Ee1

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                                          HB 29-E, First Engrossed



  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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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. 255.25, F.S.; exempting certain leases

 5         entered into by the state agencies from leasing

 6         requirements under specified circumstances;

 7         amending s. 110.152, F.S.; authorizing the

 8         Department of Management Services to make

 9         lump-sum payments for adoption benefits for

10         state employees; amending s. 110.2035, F.S.;

11         revising provisions governing the

12         classification and compensation program for

13         state employees; requiring the Department of

14         Management Services to adopt rules, including

15         emergency rules, necessary to implement such

16         program; amending s. 110.12315, F.S.; providing

17         copayment requirements for the state employees'

18         prescription drug program; providing for a

19         preferred brand name drug list to be used in

20         the administration of such program; amending s.

21         110.1239, F.S.; providing requirements for the

22         funding of the state group health insurance

23         program; amending s. 112.061, F.S.; providing

24         for computation of travel time and

25         reimbursement for public officers' and

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

27         prescribing standards for the state land

28         planning agency to use when issuing notice of

29         intent on a comprehensive plan or plan

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

31         for use of certain funds of the Emergency


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                                          HB 29-E, First Engrossed



 1         Management, Preparedness, and Assistance Trust

 2         Fund for purposes of local disaster

 3         preparedness and as state match for federally

 4         approved Hazard Mitigation Grant Program

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

 6         that certain transportation projects may be

 7         designated and funded by the Legislature as

 8         necessary for economic development; amending s.

 9         402.3017, F.S.; providing for administration of

10         the Teacher Education and Compensation Helps

11         (TEACH) scholarship program; amending s.

12         125.35, F.S.; authorizing counties to lease

13         certain property in empowerment zones for

14         certain public purposes; amending s. 338.2216,

15         F.S.; providing that certain positions under

16         the Florida Turnpike Enterprise remain in the

17         career service; amending s. 339.12, F.S.;

18         deferring application of a provision granting

19         preference to certain counties for

20         transportation grants under specified

21         circumstances; amending s. 411.01, F.S.;

22         providing priority for placement of children in

23         the school readiness program; amending s.

24         215.20, F.S.; appropriating the service charges

25         on certain income and trust funds to the

26         General Revenue Fund; amending s. 215.22, F.S.;

27         exempting certain income and trust funds from

28         such appropriation; amending s. 18.10, F.S.;

29         appropriating certain investment earnings to

30         the General Revenue Fund; amending s. 18.125,

31         F.S.; revising investment requirements for


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                                          HB 29-E, First Engrossed



 1         certain trust funds; amending ss. 14.2015,

 2         240.4075, 385.207, 860.158, and 938.01, F.S.,

 3         to conform; providing for future repeal or

 4         expiration of various provisions; providing for

 5         reversion of certain provisions; providing

 6         effect of veto of specific appropriation or

 7         proviso to which implementing language refers;

 8         providing applicability to other legislation;

 9         incorporating by reference specified

10         performance measures and standards directly

11         linked to the appropriations made in the

12         2001-2002 General Appropriations Act, as

13         required by the Government Performance and

14         Accountability Act of 1994; providing

15         severability; providing effective dates.

16  

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

18  

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

20  the implementing and administering provisions of this act

21  apply to the General Appropriations Act for fiscal year

22  2002-2003.

23         Section 2.  In order to implement Specific

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

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

26  236.081, Florida Statutes, as amended by section 1 of chapter

27  2001-47 and section 4 of chapter 2001-254, Laws of Florida,

28  are amended to read:

29         236.081  Funds for operation of schools.--If the annual

30  allocation from the Florida Education Finance Program to each

31  district for operation of schools is not determined in the


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                                          HB 29-E, First Engrossed



 1  annual appropriations act or the substantive bill implementing

 2  the annual appropriations act, it shall be determined as

 3  follows:

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

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

 6  determining the annual allocation to each district for

 7  operation:

 8         (k)  Calculation of additional full-time equivalent

 9  membership based on international baccalaureate examination

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

11  student membership shall be calculated for each student

12  enrolled in an international baccalaureate course who receives

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

14  0.3 full-time equivalent student membership shall be

15  calculated for each student who receives an international

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

17  full-time equivalent student membership in basic programs for

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

19  1997-1998, 1998-1999, and 1999-2000 school years of the pilot

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

21  Advanced International Certificate of Education Program shall

22  generate full-time equivalent student membership in a manner

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

24  the International Baccalaureate Program generate full-time

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

26  40 students in each participating school district is

27  authorized to generate full-time equivalent student membership

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

29  of 80 students per year in each participating school district

30  is authorized to generate full-time equivalent student

31  membership in the pilot program. The school district shall


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                                          HB 29-E, First Engrossed



 1  distribute to each classroom teacher who provided

 2  international baccalaureate instruction:

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

 4  taught by the International Baccalaureate teacher in each

 5  international baccalaureate course who receives a score of 4

 6  or higher on the international baccalaureate examination.

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

 8  Baccalaureate teacher in a school designated performance grade

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

10  higher on the international baccalaureate examination,

11  regardless of the number of classes taught or of the number of

12  students scoring a 4 or higher on the international

13  baccalaureate examination.

14  

15  Bonuses awarded to a teacher according to this paragraph shall

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

17  addition to any regular wage or other bonus the teacher

18  received or is scheduled to receive.

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

20  annually in the General Appropriations Act determine a

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

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

23  shall be calculated from prior year base funding per

24  unweighted weighted FTE student which shall include the

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

26  guarantee funds, and actual nonvoted discretionary local

27  effort from taxes. From the base funding per unweighted

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

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

30  determined shall include the adjusted FTE dollars as provided

31  in subsection (9) and potential nonvoted discretionary local


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                                          HB 29-E, First Engrossed



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

 2  unweighted weighted FTE to prior year funds per unweighted

 3  weighted FTE shall be computed. For those school districts

 4  which have less than the legislatively assigned percentage

 5  increase, funds shall be provided to guarantee the assigned

 6  percentage increase in funds per unweighted weighted FTE

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

 8  this calculated amount for all districts, the commissioner

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

10  be implemented to the extent specifically funded.

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

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

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

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

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

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

17  operate to the extent that such amendments are not dependent

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

19  provisions of this act.

20         Section 4.  In order to implement Specific

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

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

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

24  amended to read:

25         229.085  Custody of educational funds.--

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

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

28  employed to plan and administer grants or contracts for

29  specific projects shall be considered in time-limited

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

31  completion of the project, whichever first occurs.  Such


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                                          HB 29-E, First Engrossed



 1  employees shall not acquire retention rights under the Career

 2  Service System. Any employee holding permanent career service

 3  status in a Department of Education position who is appointed

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

 5  Fund shall retain such permanent status in the career service

 6  position.

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

 8  contracts for specific projects, the employment of personnel

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

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

11  1, 2003.

12         Section 5.  In order to implement Specific

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

14  2002-2003 General Appropriations Act:

15         (1)  Universities in the State University System shall

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

17  2002-2003 but are not required to provide funds to the

18  Department of Banking and Finance for its utilization.

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

20  216.292, and 240.2094 and pursuant to s. 216.351, Florida

21  Statutes, funds appropriated or reappropriated to the state

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

23  any other act passed by the 2002 Legislature containing

24  appropriations, shall be distributed to each university

25  according to the 2002-2003 fiscal year operating budget

26  approved by the university board of trustees.  Each university

27  board of trustees shall have authority to amend the operating

28  budget as circumstances warrant.  The operating budget may

29  utilize traditional appropriation categories or it may

30  consolidate the appropriations into a special category

31  appropriation account.  The Comptroller or Chief Financial


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                                          HB 29-E, First Engrossed



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

 2  shall record by journal transfer the distribution of the

 3  appropriated funds and releases according to the approved

 4  operating budget to the appropriation accounts established for

 5  disbursement purposes for each university within the state

 6  accounting system (FLAIR).

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

 8  216.292, 240.241, and 240.277 and pursuant to s. 216.351,

 9  Florida Statutes, each university board of trustees shall

10  include in an approved operating budget the revenue in trust

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

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

13  Enterprises, and Sponsored Research budget entities.  The

14  university board of trustees shall have the authority to amend

15  the operating budget as circumstances warrant.  The operating

16  budget may utilize traditional appropriation categories or it

17  may consolidate the trust fund spending authority into a

18  special category appropriation account.  The Comptroller or

19  Chief Financial Officer, upon the request of the university

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

21  fund spending authority and releases according to the approved

22  operating budget to the appropriation accounts established for

23  disbursement purposes for each university within the state

24  accounting system (FLAIR).

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

26         Section 6.  In order to implement Specific

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

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

29  Statutes, is amended to read:

30         236.081  Funds for operation of schools.--If the annual

31  allocation from the Florida Education Finance Program to each


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                                          HB 29-E, First Engrossed



 1  district for operation of schools is not determined in the

 2  annual appropriations act or the substantive bill implementing

 3  the annual appropriations act, it shall be determined as

 4  follows:

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

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

 7  determining the annual allocation to each district for

 8  operation:

 9         (a)  Determination of full-time equivalent

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

11  scheduled intersessions of a year-round school program during

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

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

14  equivalent student membership of each program by school and by

15  district. The department shall establish the number and

16  interval of membership calculations, except that for basic and

17  special programs such calculations shall not exceed nine for

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

19  membership shall be computed and currently maintained in

20  accordance with regulations of the commissioner. Beginning

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

22  also document the daily attendance of each student in

23  membership by school and by district. An average daily

24  attendance factor shall be computed by dividing the total

25  daily attendance of all students by the total number of

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

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

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

29  shall be adjusted by multiplying by the average daily

30  attendance factor.

31  


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                                          HB 29-E, First Engrossed



 1         Section 7.  In order to implement Specific

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

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

 4  year only, and notwithstanding the provisions of ss.

 5  236.081(3), 236.08104, 236.083, and 237.34(3)(b), Florida

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

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

 8  appropriations as provided below:

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

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

11  funds received for any of the following categorical

12  appropriations are urgently needed to maintain academic

13  classroom instruction specified by the board, the board may

14  approve an amendment to the district's operating budget

15  transferring the identified amount of the categorical funds to

16  the appropriate account for expenditure:

17         (a)  Student transportation: Specific Appropriation

18  107.

19         (b)  Teacher training: Specific Appropriations 5 and

20  108.

21         (c)  Safe schools: Specific Appropriation 105.

22         (d)  Public school technology: Specific Appropriation

23  106A.

24         (e)  Supplemental academic instruction: Specific

25  Appropriation 105.

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

27  annual financial report to the Department of Education

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

29  of funds the board transferred from each of the categorical

30  appropriations specified in subsection (1) and the specific

31  academic classroom instruction for which the transferred funds


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                                          HB 29-E, First Engrossed



 1  were expended.  The Department of Education shall provide

 2  instructions and specify the format to be used in submitting

 3  this required information as a part of such annual financial

 4  report.

 5         Section 8.  In order to implement Specific

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

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

 8         236.7011  Federal grants; maximization of indirect cost

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

10  available federal indirect cost allowed on all federal grants.

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

12  the funds received from indirect cost allowance shall be

13  expended by the department without specific appropriation by

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

15  specifically exempt from this provision.

16         Section 9.  In order to implement Specific

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

18  Act:

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

20  Grants Programs under the management of the Department of

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

22  Florida Statutes. The Department of Education, in consultation

23  with the legislative appropriations committees, shall approve

24  an estimated level of expenditures, salary rates, and

25  positions for the Knott Data Center and for Projects,

26  Contracts, and Grants Programs. If such expenditures exceed

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

28  membership of the legislative appropriations committees shall

29  be notified of the increase.

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

31  a source of matching funds for potential federal or private


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                                          HB 29-E, First Engrossed



 1  contracts or grants. Upon termination of any federal or

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

 3  to provide continued funding for personnel or project costs

 4  related to such contracts or grants.

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

 6         Section 10.  In order to implement Specific

 7  Appropriations 166L of the 2002-2003 General Appropriations

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

 9  amended to read:

10         240.4015  Florida Bright Futures Scholarship Testing

11  Program.--

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

13  2002-2003 academic year and continuing thereafter, students

14  eligible for a Florida Academic Scholars award or a Florida

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

16  community college or state university shall, prior to

17  registering for courses that may be earned through a CLEP

18  examination and no later than registration for their second

19  term, complete at least five examinations from those specified

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

21  mathematics; natural sciences; and social sciences. Successful

22  completion of dual enrollment courses, Advanced Placement

23  examinations, and International Baccalaureate examinations

24  taken prior to high school graduation satisfy this

25  requirement. The Articulation Coordinating Committee shall

26  identify the examinations that satisfy each component of this

27  requirement.

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

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

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

31  for a Florida Academic Scholars award or a Florida Merit


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                                          HB 29-E, First Engrossed



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

 2  community college or state university shall, prior to

 3  registering for courses that may be earned through a CLEP

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

 5  academic year, complete at least five examinations from those

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

 7  humanities; mathematics; natural sciences; and social

 8  sciences. Successful completion of dual enrollment courses,

 9  Advanced Placement examinations, and International

10  Baccalaureate examinations taken prior to high school

11  graduation satisfy this requirement. The Articulation

12  Coordinating Committee shall identify the examinations that

13  satisfy each component of this requirement. This paragraph

14  expires July 1, 2003.

15         Section 11.  In order to implement Specific

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

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

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

19         216.181  Approved budgets for operations and fixed

20  capital outlay.--

21         (16)

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

23  funds appropriated to the Department of Children and Family

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

25  Department of Health in Specific Appropriations 491-650

26  503-637 of the 2002-2003 2001-2002 General Appropriations Act

27  may be advanced, unless specifically prohibited in such

28  General Appropriations Act, for those contracted services that

29  were approved for advancement by the Comptroller in fiscal

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

31  


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                                          HB 29-E, First Engrossed



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

 2  2003 2002.

 3         Section 12.  In order to implement Specific

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

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

 6  Florida Statutes, is amended to read:

 7         430.204  Community-care-for-the-elderly core services;

 8  departmental powers and duties.--

 9         (1)

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

11  county having a population over 2 million, the department

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

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

14  service system the primary purpose of which is the prevention

15  of unnecessary institutionalization of functionally impaired

16  elderly persons through the provision of community-based core

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

18         Section 13.  In order to implement Specific

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

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

21  Florida Statutes, is amended to read:

22         430.205  Community care service system.--

23         (1)

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

25  county having a population over 2 million, the department

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

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

28  service area more than one community care service system that

29  provides case management and other in-home and community

30  services as needed to help elderly persons maintain

31  


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                                          HB 29-E, First Engrossed



 1  independence and prevent or delay more costly institutional

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

 3         Section 14.  In order to implement Specific

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

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

 6  amended to read:

 7         216.292  Appropriations nontransferable; exceptions.--

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

 9  notwithstanding the other provisions of this section, the

10  Department of Children and Family Services may transfer funds

11  within the family safety program identified in the General

12  Appropriations Act from identical funding sources between the

13  following appropriation categories without limitation as long

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

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

16  the subsequent fiscal year: adoption services and subsidy;

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

18  must be consistent with legislative policy and intent and must

19  not adversely affect achievement of approved performance

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

21  proposed transfers under this authority must be provided to

22  the Executive Office of the Governor and the chairs of the

23  legislative appropriations committees at least 5 working days

24  before their implementation. This subsection expires July 1,

25  2003 2002.

26         Section 15.  In order to implement Specific

27  Appropriation 644A of the 2002-2003 General Appropriations

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

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

30  amended to read:

31         401.113  Department; powers and duties.--


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                                          HB 29-E, First Engrossed



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

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

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

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

 5  capital improvement grant program in accordance with the

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

 7  2003 2002.

 8         Section 16.  In order to implement Specific

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

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

11         295.182  Florida World War II Veterans Memorial

12  Matching Trust Fund; contributions; use.--

13         (1)  The Florida World War II Veterans Memorial

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

15  of Veterans' Affairs shall receive private contributions and

16  matching state funds specifically appropriated by the

17  Legislature for the purpose of matching private donations

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

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

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

21  in a manner which will generate increased funding for the

22  Florida World War II Veterans Memorial. Contributions to the

23  Florida World War II Veterans Memorial Matching Trust Fund

24  must be returned to those entities or individuals contributing

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

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

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

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

29  1.01(8). Public bodies are authorized to appropriate funds, in

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

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


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                                          HB 29-E, First Engrossed



 1         Section 17.  In order to implement Section 21 of the

 2  2002-2003 General Appropriations Act, subsection (4) of

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

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

 5         561.121  Deposit of revenue.--

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

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

 8  following accounts:

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

10  surcharge on the sale of alcoholic beverages for consumption

11  on premises shall be transferred to the Children and

12  Adolescents Substance Abuse Trust Fund, which shall remain

13  with the Department of Children and Family Services for the

14  purpose of funding programs directed at reducing and

15  eliminating substance abuse problems among children and

16  adolescents.

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

18  to the General Revenue Fund.

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

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

21  in the Children and Adolescents Substance Abuse Trust Fund may

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

23  reducing and eliminating substance abuse problems among

24  adults. This paragraph expires July 1, 2003.

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

26  authorize the Department of Children and Family Services to

27  transfer moneys in the Children and Adolescents Substance

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

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

30         Section 18.  In order to implement Specific

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


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                                          HB 29-E, First Engrossed



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

 2  Statutes, is amended to read:

 3         381.0066  Onsite sewage treatment and disposal systems;

 4  fees.--

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

 6  apply until changed by rule by the department within the

 7  following limits:

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

 9  each new system construction permit issued during fiscal years

10  1996-2003 1996-2002 to be used for onsite sewage treatment and

11  disposal system research, demonstration, and training

12  projects. Five dollars from any repair permit fee collected

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

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

15  

16  The funds collected pursuant to this subsection must be

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

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

19  381.0065 and 381.00655.

20         Section 19.  Consistent with the provisions of s.

21  216.163, Florida Statutes, in accordance with

22  performance-based program budgeting requirements, and

23  notwithstanding the provisions of s. 216.181, Florida

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

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

26  1195, 1216, 1225, 1237, 1240, 1245, 1252, 1260, and 1266 of

27  the 2002-2003 General Appropriations Act for salary bonuses

28  for departmental employees at the discretion of the executive

29  director, provided that such bonuses are given only to

30  selected employees for meritorious performance, instead of

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


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                                          HB 29-E, First Engrossed



 1  The department, after consultation with the Executive Office

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

 3  legislative appropriations committees responsible for

 4  producing the General Appropriations Act for review before

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

 6         Section 20.  In order to implement Specific

 7  Appropriations 1195-1272 of the 2002-2003 General

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

 9  Florida Statutes, is amended to read:

10         216.181  Approved budgets for operations and fixed

11  capital outlay.--

12         (17)  Notwithstanding any other provision of this

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

14  fiscal year only, the Department of Law Enforcement may

15  transfer up to 20 positions and associated budget between

16  budget entities, provided the same funding source is used

17  throughout each transfer. The department may also transfer up

18  to 10 percent of the initial approved salary rate between

19  budget entities, provided the same funding source is used

20  throughout each transfer. The department must provide notice

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

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

23  on Criminal Justice Appropriations for all transfers of

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

25  2002.

26         Section 21.  In order to implement proviso language

27  following Specific Appropriation 1178 of the 2002-2003 General

28  Appropriations Act, the Correctional Privatization Commission

29  may expend appropriated funds to assist in defraying the costs

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

31  associated with opening or operating a facility under the


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                                          HB 29-E, First Engrossed



 1  authority of the Correctional Privatization Commission or a

 2  facility under the authority of the Department of Juvenile

 3  Justice which is located within that municipality or county.

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

 5  facility may not exceed 1 percent of the facility construction

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

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

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

 9         Section 22.  In order to implement Specific

10  Appropriation 1291 of the 2002-2003 General Appropriations

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

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

13  Laws of Florida, is amended to read:

14         16.555  Crime Stoppers Trust Fund; rulemaking.--

15         (3)

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

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

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

19  salaries and benefits and other expenses of the department.

20  This paragraph expires July 1, 2003 2002.

21         Section 23.  In order to implement Specific

22  Appropriations 1291 and 1322 of the 2002-2003 General

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

24  860.158, Florida Statutes, as created by section 9 of chapter

25  2001-380, Laws of Florida, is amended to read:

26         860.158  Florida Motor Vehicle Theft Prevention Trust

27  Fund.--

28         (2)

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

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

31  the Florida Motor Vehicle Theft Prevention Trust Fund may also


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                                          HB 29-E, First Engrossed



 1  be as provided in the General Appropriations Act Senate Bill

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

 3         Section 24.  In order to implement Specific

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

 5  Appropriations Act, section 985.4075, Florida Statutes, is

 6  amended to read:

 7         985.4075  One-time startup funding for juvenile justice

 8  purposes.--

 9         (1)  Funds from juvenile justice appropriations may be

10  utilized as one-time startup funding for juvenile justice

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

12  renovation of existing facilities, construction costs, leasing

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

14  and other necessary and reasonable costs associated with the

15  startup of facilities or programs.

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

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

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

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

20         Section 25.  In order to implement Specific

21  Appropriation 1233 of the 2002-2003 General Appropriations

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

23  932.7055, Florida Statutes, to read:

24         932.7055  Disposition of liens and forfeited

25  property.--

26         (4)

27         (d)  Notwithstanding any other provision of this

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

29  in a special law enforcement trust fund established by the

30  governing body of a municipality may be expended to reimburse

31  the general fund of the municipality for moneys advanced from


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                                          HB 29-E, First Engrossed



 1  the general fund to the special law enforcement trust fund

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

 3  2003.

 4         Section 26.  In order to implement Specific

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

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

 7  375.041, Florida Statutes, to read:

 8         375.041  Land Acquisition Trust Fund.--

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

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

11  provided in the General Appropriations Act.  This subsection

12  expires July 1, 2003.

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

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

15  to implement Specific Appropriations 1760A and 1769 of the

16  2002-2003 General Appropriations Act, paragraph (d) is added

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

18  of section 403.709, Florida Statutes, to read:

19         403.709  Solid Waste Management Trust Fund; use of

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

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

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

23  of:

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

25  provided in the General Appropriations Act.  This paragraph

26  expires July 1, 2003.

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

28  shall be used:

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

30  the General Appropriations Act.  This paragraph expires July

31  1, 2003.


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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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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                                          HB 29-E, First Engrossed



 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 2746 of the 2002-2003 General Appropriations Act

18  and other Specific Appropriations from the expense category as

19  defined in paragraph (n) of subsection (1) of section 216.011,

20  Florida Statutes, paragraph (b) of subsection (3) of section

21  255.25, Florida Statutes, is amended to read:

22         255.25  Approval required prior to construction or

23  lease of buildings.--

24         (3)

25         (b) 1.  The Department of Management Services may

26  approve extensions of an existing lease of 5,000 square feet

27  or more of space if such extensions are determined to be in

28  the best interests of the state, but in no case shall the

29  total of such extensions exceed 11 months.  If at the end of

30  the 11th month an agency still needs that space, it shall be

31  procured by competitive bid in accordance with s.


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                                          HB 29-E, First Engrossed



 1  255.249(4)(b). However, an agency that determines that it is

 2  in its best interest to remain in the space it currently

 3  occupies may negotiate a replacement lease with the lessor if

 4  an independent comparative market analysis demonstrates that

 5  the rates offered are within market rates for the space and

 6  the cost of the new lease does not exceed the cost of a

 7  comparable lease plus documented moving costs. A present-value

 8  analysis and the consumer price index shall be used in the

 9  calculation of lease costs. The term of the replacement lease

10  may not exceed the base term of the expiring lease.

11         2.  For the 2002-2003 fiscal year only, and

12  notwithstanding the provisions of paragraph (2)(c), the

13  Department of Management Services may exempt the replacement

14  lease from Rule 60H-1.007, Florida Administrative Code, if,

15  upon complying with this paragraph, the cumulative cost of the

16  new lease is at least 10 percent less than the cost of a

17  comparable lease plus documented moving costs.  This

18  subparagraph expires July 1, 2003.

19         Section 41.  In order to implement Specific

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

21  Appropriations Act, and effective upon this act becoming a

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

23         110.2035  Classification and compensation program.--

24         (1)  The Department of Management Services, in

25  consultation with the Executive Office of the Governor and the

26  Legislature, shall establish and maintain develop a

27  classification and compensation program addressing.  This

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

29  shall address Career Service, Selected Exempt Service, and

30  Senior Management Service positions classes.

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


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                                          HB 29-E, First Engrossed



 1         (a)  A position classification system using no more

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

 3  structure for each occupation within an occupational group.

 4  Additional occupational groups may be established only by the

 5  Executive Office of the Governor after consultation with the

 6  Legislature.

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

 8  ranges for each occupational group and shall consist of no

 9  more than 25 pay bands.

10         (3)  The following goals shall be considered in

11  designing and implementing and maintaining the program:

12         (a)  The classification system must significantly

13  reduce the need to reclassify positions due to work assignment

14  and organizational changes by decreasing the number of

15  classification changes required.

16         (b)  The classification system must establish

17  broad-based classes allowing flexibility in organizational

18  structure and must reduce the levels of supervisory classes.

19         (c)  The classification system and pay plan must

20  emphasize pay administration and job-performance evaluation by

21  management rather than emphasize use of the classification

22  system to award salary increases.

23         (d)  The pay administration system must contain

24  provisions to allow managers the flexibility to move employees

25  through the pay ranges and provide for salary increase

26  additives and lump-sum bonuses if authorized by the

27  Legislature.

28         (4)  The classification system shall be structured such

29  that each confidential, managerial, and supervisory employee

30  shall be included in the Selected Exempt Service, in

31  accordance with part V of this chapter.


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                                          HB 29-E, First Engrossed



 1         (5)  The Department of Management Services shall submit

 2  the proposed design of the classification and compensation

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

 4  officers of the Legislature, and the appropriate legislative

 5  fiscal and substantive standing committees on or before

 6  December 1, 2001.

 7         (5)(6)  The department shall establish, by rule,

 8  guidelines with respect to, and shall delegate to the

 9  employing agencies, where appropriate, the authority to

10  administer the following:

11         (a)  Shift differentials.

12         (b)  On-call fees.

13         (c)  Hazardous-duty pay.

14         (d)  Advanced appointment rates.

15         (e)  Salary increase and decrease corrections.

16         (f)  Lead-worker pay.

17         (g)  Temporary special duties pay.

18         (h)  Trainer-additive pay.

19         (i)  Competitive area differentials.

20         (j)  Coordinator pay.

21         (k)  Critical market pay.

22  

23  The employing agency must use such pay additives as are

24  appropriate within the guidelines established by the

25  department and shall advise the department in writing of the

26  plan for implementing such pay additives prior to the

27  implementation date. Any action by an employing agency to

28  implement temporary special duties pay, competitive area

29  differentials, or critical market pay may be implemented only

30  after the department has reviewed and recommended such action;

31  however, an employing agency may use temporary special duties


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                                          HB 29-E, First Engrossed



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

 2  The department shall annually provide a summary report of the

 3  pay additives implemented pursuant to this section.

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

 5  implement the classification and compensation program to

 6  include Career Service, Selected Exempt Service, and Senior

 7  Management Service positions consistent with the plan

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

 9  adopted plan shall include pay bandwidths of 150 percent for

10  each occupational group except the manager and executive

11  occupational groups. The department may adopt emergency rules

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

13         Section 42.  The amendment of section 110.2035, 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 43.  In order to implement Section 8 of the

22  2002-2003 General Appropriations Act, subsection (7) of

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

24         110.12315  Prescription drug program.--The state

25  employees' prescription drug program is established.  This

26  program shall be administered by the Department of Management

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

28  established by the relevant provisions of the annual General

29  Appropriations Act and implementing legislation, subject to

30  the following conditions:

31  


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                                          HB 29-E, First Engrossed



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

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

 3  copayments must be made as follows:

 4         (a)  Effective January 1, 2001:

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

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

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

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

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

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

11         (b)  The Department of Management Services shall create

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

13  administration of the state employees' prescription drug

14  program.

15  

16  This subsection expires July 1, 2003 2002.

17         Section 44.  In order to implement Section 8 of the

18  2002-2003 General Appropriations Act, section 110.1239,

19  Florida Statutes, is amended to read:

20         110.1239  State group health insurance program

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

22  the intent of the Legislature that the state group health

23  insurance program be managed, administered, operated, and

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

25  employee health insurance benefits. Inherent in this intent is

26  the recognition that the health insurance liabilities

27  attributable to the benefits offered state employees should be

28  fairly, orderly, and equitably funded. Accordingly:

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

30  necessary to fully fund the state group health insurance

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


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                                          HB 29-E, First Engrossed



 1  made after each revenue estimating conference on health

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

 3  December 1 and April 1 of each fiscal year.

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

 5  budget, shall provide premium rates necessary for full funding

 6  of the state group health insurance program, and the

 7  Legislature shall provide in the General Appropriations Act

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

 9  group health insurance program.

10         (3)  For purposes of funding, any additional

11  appropriation amounts allocated to the state group health

12  insurance program by the Legislature shall be considered as a

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

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

15         Section 45.  In order to implement Sections 2-7 of the

16  2002-2003 General Appropriations Act, paragraph (c) of

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

18  112.061, Florida Statutes, are amended to read:

19         112.061  Per diem and travel expenses of public

20  officers, employees, and authorized persons.--

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

22  purposes of reimbursement and methods of calculating

23  fractional days of travel, the following principles are

24  prescribed:

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

26  notwithstanding the other provisions of this subsection, for

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

28  per diem basis nor shall a traveler receive subsistence

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

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

31  purposes of reimbursement rates and methods of calculation,


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                                          HB 29-E, First Engrossed



 1  per diem and subsistence allowances are divided into the

 2  following groups and rates:

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

 4  notwithstanding the other provisions of this subsection, for

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

 6  per diem basis nor shall a traveler receive subsistence

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

 8         Section 46.  If Committee Substitute for Senate Bills

 9  1906 and 550, Enrolled, 2002 Regular Session, does not become

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

11  2002-2003 General Appropriations Act, paragraph (b) of

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

13  amended to read:

14         163.3184  Process for adoption of comprehensive plan or

15  plan amendment.--

16         (8)  NOTICE OF INTENT.--

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

18  subsection, the state land planning agency shall issue,

19  through a senior administrator or the secretary, as specified

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

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

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

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

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

25  The required advertisement shall be no less than 2 columns

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

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

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

29  legal notices and classified advertisements appear.  The

30  advertisement shall be published in a newspaper which meets

31  the size and circulation requirements set forth in paragraph


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                                          HB 29-E, First Engrossed



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

 2  affected local government at the time of transmittal of the

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

 4  notice of intent in the newspaper designated by the local

 5  government shall be prima facie evidence of compliance with

 6  the publication requirements of this section.

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

 8  provisions of this subparagraph shall supersede the provisions

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

10  subsection, the state land planning agency shall issue,

11  through a senior administrator or the secretary, as specified

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

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

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

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

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

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

18  advertisement shall be published in a newspaper that meets the

19  size and circulation requirements set forth in paragraph

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

21  affected local government at the time of transmittal of the

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

23  notice of intent in the newspaper designated by the local

24  government shall be prima facie evidence of compliance with

25  the publication requirements of this section. The state land

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

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

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

29  send by regular mail a courtesy informational statement to

30  persons who provide their names and addresses to the local

31  government at the transmittal hearing or at the adoption


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                                          HB 29-E, First Engrossed



 1  hearing where the local government has provided the names and

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

 3  transmittal of the adopted amendment. The informational

 4  statements shall include the name of the newspaper in which

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

 6  publication, the ordinance number of the plan or plan

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

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

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

10         Section 47.  In order to implement Specific

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

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

13  252.373, Florida Statutes, is amended, and paragraph (c) is

14  added to said subsection, to read:

15         252.373  Allocation of funds; rules.--

16         (1)

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

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

19  million of the unencumbered balance of the Emergency

20  Management, Preparedness, and Assistance Trust Fund shall be

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

22  shelters within the state and improve local disaster

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

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

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

26  Community Affairs shall conduct a review of funds available in

27  the Emergency Management, Preparedness, and Assistance Trust

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

29  2001-2002 fiscal year are determined, the Department of

30  Community Affairs may identify any funds that were unspent or

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


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                                          HB 29-E, First Engrossed



 1  required to implement appropriations for the 2002-2003 fiscal

 2  year from the Emergency Management, Preparedness, and

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

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

 5  portion of the match requirements for federally approved

 6  Hazard Mitigation Grant Program projects. This paragraph

 7  expires July 1, 2003.

 8         Section 48.  In order to implement Specific

 9  Appropriation 2486 of the 2002-2003 General Appropriations

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

11  Statutes, to read:

12         288.063  Contracts for transportation projects.--

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

14  section, projects that the Legislature deems necessary to

15  facilitate the economic development and growth of the state

16  may be designated and funded in the General Appropriations

17  Act.  Such transportation projects create new employment

18  opportunities, expand transportation infrastructure, improve

19  mobility, or increase transportation innovation.  The Office

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

21  contracts with, and make expenditures to, the appropriate

22  entities for the costs of transportation projects designated

23  in the General Appropriations Act.  This subsection expires

24  July 1, 2003.

25         Section 49.  In order to implement proviso language in

26  Specific Appropriation 2235 of the 2002-2003 General

27  Appropriations Act, section 402.3017, Florida Statutes, is

28  amended to read:

29         402.3017  Teacher Education and Compensation Helps

30  (TEACH) scholarship program.--

31  


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                                          HB 29-E, First Engrossed



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

 2  child care teacher education and training is a key predictor

 3  for determining program quality. The Legislature also finds

 4  that low wages for child care workers prevent many from

 5  obtaining increased training and education and contribute to

 6  high turnover rates.  The Legislature therefore intends to

 7  help fund a program which links teacher training and education

 8  to compensation and commitment to the field of early childhood

 9  education.

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

11  authorized to contract for the administration of the Teacher

12  Education and Compensation Helps (TEACH) scholarship program,

13  which provides educational scholarships to caregivers and

14  administrators of early childhood programs, family day care

15  homes, and large family child care homes.

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

17  implement this section.

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

19  Workforce Innovation shall administer this section. This

20  subsection expires July 1, 2003.

21         Section 50.  In order to implement Specific

22  Appropriation 1574B of the 2002-2003 General Appropriations

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

24  Statutes, to read:

25         125.35  County authorized to sell real and personal

26  property and to lease real property.--

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

28  county commissioners is authorized to lease, under terms and

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

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

31  


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                                          HB 29-E, First Engrossed



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

 2  purpose of:

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

 4  activity or revitalization;

 5         (b)  Urban development or redevelopment;

 6         (c)  Tourism;

 7         (d)  Transportation; or

 8         (e)  Opportunities for gainful employment.

 9  

10  Such purposes are hereby found and declared to be public

11  purposes.  This subsection expires July 1, 2003.

12         Section 51.  In order to implement Specific

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

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

15  338.2216, Florida Statutes, as created by section 18 of

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

17         338.2216  Florida Turnpike Enterprise; powers and

18  authority.--

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

20  collector or laborer retained in a position temporarily

21  continued under the authority provided by proviso following

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

23  General Appropriations Act shall remain in the career service.

24         Section 52.  In order to implement Specific

25  Appropriation 2075 of the 2002-2003 General Appropriations

26  Act, subsection (10) of section 339.12, Florida Statutes, as

27  created by section 83 of chapter 2002-20, Laws of Florida, is

28  amended to read:

29         339.12  Aid and contributions by governmental entities

30  for department projects; federal aid.--

31  


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                                          HB 29-E, First Engrossed



 1         (10)  Beginning with the 2003-2004 fiscal year, any

 2  county with a population greater than 50,000 that levies the

 3  full 6 cents of local option fuel tax pursuant to ss.

 4  206.41(1)(e) and 206.87(1)(c), or that dedicates 35 percent or

 5  more of its discretionary sales surtax, pursuant to s.

 6  212.055, for improvements to the state transportation system

 7  or to local projects directly upgrading the state

 8  transportation system within the county's boundaries shall

 9  receive preference for receipt of any transportation grant for

10  which the county applies. This subsection shall not apply to

11  loans or nonhighway grant programs.

12         Section 53.  In order to implement Specific

13  Appropriation 2235 of the 2002-2003 General Appropriations

14  Act, subsection (13) is added to section 411.01, Florida

15  Statutes to read:

16         411.01  Florida Partnership for School Readiness;

17  school readiness coalitions.--

18         (13)  Notwithstanding any other provision of this

19  section to the contrary, and for fiscal year 2002-2003 only,

20  the first children to be placed in the school readiness

21  program shall be those from families receiving temporary cash

22  assistance and subject to federal work requirements.  As

23  appropriate placements become available for the school

24  readiness program, the next children to be placed shall be

25  those who are 4 years old and are from families that meet the

26  financial eligibility requirements of subsection (6).

27  Subsequent placements shall be pursuant to the provisions of

28  this section.  This subsection expires July 1, 2003.

29         Section 54.  In order to implement Specific

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

31  General Appropriations Act, section 215.20, Florida Statutes,


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                                          HB 29-E, First Engrossed



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

 2  is amended to read:

 3         (Substantial rewording of section.  See

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

 5         215.20  Certain income and certain trust funds to

 6  contribute to the General Revenue Fund.--

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

 8  estimated pro rata share of the cost of general government

 9  paid from the General Revenue Fund, is hereby appropriated

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

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

12  revenue nature shall include all earnings received or credited

13  by such trust funds, including the interest or benefit

14  received from the investment of the principal of such trust

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

16  construed in favor of the General Revenue Fund in each

17  instance.  All such appropriations shall be deposited in the

18  General Revenue Fund.

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

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

21  the Department of Agriculture and Consumer Services, including

22  funds collected in the General Inspection Trust Fund for

23  marketing orders and in the Florida Citrus Advertising Trust

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

25  hereby appropriated to the General Revenue Fund.  This

26  paragraph does not apply to the Conservation and Recreation

27  Lands Program Trust Fund, the Florida Quarter Horse Racing

28  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

29  Florida Forever Program Trust Fund, the Florida Preservation

30  2000 Trust Fund, the Market Improvements Working Capital Trust

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


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                                          HB 29-E, First Engrossed



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

 2  Fund in the Department of Agriculture and Consumer Services.

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

 4  Wildlife Conservation Commission shall be subject to a

 5  3-percent service charge, which is hereby appropriated to the

 6  General Revenue Fund.

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

 8  appropriated from income of a revenue nature deposited in the

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

10  nature shall include all earnings received or credited by such

11  trust funds, including the interest or benefit received from

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

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

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

15  appropriations shall be deposited in the General Revenue Fund.

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

17  following described trust funds, by whatever name designated,

18  is that from which the appropriations authorized by subsection

19  (3) shall be made:

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

21         1.  The Florida Organ and Tissue Donor Education and

22  Procurement Trust Fund.

23         2.  The Health Care Trust Fund.

24         3.  The Resident Protection Trust Fund.

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

26  Employment Security Administration Trust Fund.

27         (c)  Within the Department of Agriculture and Consumer

28  Services:

29         1.  The Conservation and Recreation Lands Program Trust

30  Fund.

31  


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                                          HB 29-E, First Engrossed



 1         2.  The Florida Quarter Horse Racing Promotion Trust

 2  Fund.

 3         3.  The General Inspection Trust Fund and subsidiary

 4  accounts thereof, unless a different percentage is authorized

 5  by s. 570.20.

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

 7         1.  The Administrative Trust Fund.

 8         2.  The Anti-Fraud Trust Fund.

 9         3.  The Financial Institutions' Regulatory Trust Fund.

10         4.  The Mortgage Brokerage Guaranty Fund.

11         5.  The Regulatory Trust Fund.

12         (e)  Within the Department of Business and Professional

13  Regulation:

14         1.  The Administrative Trust Fund.

15         2.  The Alcoholic Beverage and Tobacco Trust Fund.

16         3.  The Cigarette Tax Collection Trust Fund.

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

18  and Mobile Homes Trust Fund.

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

20  exception of those fees collected for the purpose of funding

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

22         6.  The Professional Regulation Trust Fund.

23         7.  The trust funds administered by the Division of

24  Pari-mutuel Wagering.

25         (f)  Within the Department of Children and Family

26  Services:

27         1.  The Administrative Trust Fund.

28         2.  The Child Welfare Training Trust Fund.

29         3.  The Children and Adolescents Substance Abuse Trust

30  Fund.

31         4.  The Domestic Violence Trust Fund.


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                                          HB 29-E, First Engrossed



 1         5.  The Grants and Donations Trust Fund.

 2         6.  The Operations and Maintenance Trust Fund.

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

 4  Citrus Advertising Trust Fund, including transfers from any

 5  subsidiary accounts thereof, unless a different percentage is

 6  authorized in s. 601.15(7).

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

 8  Operating Trust Fund.

 9         (i)  Within the Department of Education:

10         1.  The Educational Certification and Service Trust

11  Fund.

12         2.  The Phosphate Research Trust Fund.

13         (j)  Within the Department of Elderly Affairs:

14         1.  The Administrative Trust Fund.

15         2.  The Federal Grants Trust Fund.

16         3.  The Grants and Donations Trust Fund.

17         4.  The Operations and Maintenance Trust Fund.

18         (k)  Within the Department of Environmental Protection:

19         1.  The Administrative Trust Fund.

20         2.  The Air Pollution Control Trust Fund.

21         3.  The Conservation and Recreation Lands Trust Fund.

22         4.  The Ecosystem Management and Restoration Trust

23  Fund.

24         5.  The Environmental Laboratory Trust Fund.

25         6.  The Florida Coastal Protection Trust Fund.

26         7.  The Florida Permit Fee Trust Fund.

27         8.  The Forfeited Property Trust Fund.

28         9.  The Grants and Donations Trust Fund.

29         10.  The Inland Protection Trust Fund.

30         11.  The Internal Improvement Trust Fund.

31         12.  The Land Acquisition Trust Fund.


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                                          HB 29-E, First Engrossed



 1         13.  The Minerals Trust Fund.

 2         14.  The Nonmandatory Land Reclamation Trust Fund.

 3         15.  The State Park Trust Fund.

 4         16.  The Water Quality Assurance Trust Fund.

 5         17.  The Working Capital Trust Fund.

 6         (l)  Within the Department of Health:

 7         1.  The Administrative Trust Fund.

 8         2.  The Brain and Spinal Cord Injury Program Trust

 9  Fund.

10         3.  The Donations Trust Fund.

11         4.  The Emergency Medical Services Trust Fund.

12         5.  The Epilepsy Services Trust Fund.

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

14         7.  The Grants and Donations Trust Fund.

15         8.  The Medical Quality Assurance Trust Fund.

16         9.  The Nursing Student Loan Forgiveness Trust Fund.

17         10.  The Planning and Evaluation Trust Fund.

18         11.  The Radiation Protection Trust Fund.

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

20  Vehicles, the DUI Programs Coordination Trust Fund.

21         (n)  Within the Department of Insurance:

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

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

24         (o)  Within the Department of Labor and Employment

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

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

27  transferred:

28         1.  The Special Disability Trust Fund.

29         2.  The Special Employment Security Administration

30  Trust Fund.

31  


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                                          HB 29-E, First Engrossed



 1         3.  The Workers' Compensation Administration Trust

 2  Fund.

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

 4  Compensation Trust Fund.

 5         (q)  Within the Department of Management Services:

 6         1.  The Administrative Trust Fund.

 7         2.  The Architects Incidental Trust Fund.

 8         3.  The Bureau of Aircraft Trust Fund.

 9         4.  The Florida Facilities Pool Working Capital Trust

10  Fund.

11         5.  The Grants and Donations Trust Fund.

12         6.  The Motor Vehicle Operating Trust Fund.

13         7.  The Police and Firefighters' Premium Tax Trust

14  Fund.

15         8.  The Public Employees Relations Commission Trust

16  Fund.

17         9.  The State Personnel System Trust Fund.

18         10.  The Supervision Trust Fund.

19         11.  The Working Capital Trust Fund.

20         (r)  Within the Department of Revenue:

21         1.  The Additional Court Cost Clearing Trust Fund.

22         2.  The Administrative Trust Fund.

23         3.  The Apalachicola Bay Oyster Surcharge Clearing

24  Trust Fund.

25         4.  The Certification Program Trust Fund.

26         5.  The Fuel Tax Collection Trust Fund.

27         6.  The Land Reclamation Trust Fund.

28         7.  The Local Alternative Fuel User Fee Clearing Trust

29  Fund.

30         8.  The Local Option Fuel Tax Trust Fund.

31  


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                                          HB 29-E, First Engrossed



 1         9.  The Motor Vehicle Rental Surcharge Clearing Trust

 2  Fund.

 3         10.  The Motor Vehicle Warranty Trust Fund.

 4         11.  The Oil and Gas Tax Trust Fund.

 5         12.  The Secondhand Dealer and Secondary Metals

 6  Recycler Clearing Trust Fund.

 7         13.  The Severance Tax Solid Mineral Trust Fund.

 8         14.  The State Alternative Fuel User Fee Clearing Trust

 9  Fund.

10         15.  All taxes levied on motor fuels other than

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

12         (s)  Within the Department of State:

13         1.  The Division of Licensing Trust Fund.

14         2.  The Records Management Trust Fund.

15         3.  The trust funds administered by the Division of

16  Historical Resources.

17         (t)  Within the Department of Transportation, all

18  income derived from outdoor advertising and overweight

19  violations which is deposited in the State Transportation

20  Trust Fund.

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

22         1.  The Grants and Donations Trust Fund.

23         2.  The Operations and Maintenance Trust Fund.

24         3.  The State Homes for Veterans Trust Fund.

25         (v)  Within the Division of Administrative Hearings,

26  the Administrative Trust Fund.

27         (w)  Within the Fish and Wildlife Conservation

28  Commission:

29         1.  The Conservation and Recreation Lands Program Trust

30  Fund.

31  


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                                          HB 29-E, First Engrossed



 1         2.  The Florida Panther Research and Management Trust

 2  Fund.

 3         3.  The Land Acquisition Trust Fund.

 4         4.  The Marine Resources Conservation Trust Fund, with

 5  the exception of those fees collected for recreational

 6  saltwater fishing licenses as provided in s. 372.57.

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

 8  Florida Public Service Regulatory Trust Fund.

 9         (y)  Within the Justice Administrative Commission, the

10  Indigent Criminal Defense Trust Fund.

11  

12  The enumeration of the foregoing moneys or trust funds shall

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

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

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

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

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

18  funds or contributions or private grants to any trust fund

19  would be lost to the state.

20         (5)  There is appropriated from the proper respective

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

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

23  this section.

24         Section 55.  The amendment of section 215.20, Florida

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

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

27  30, 2002, except that any amendments to such text enacted

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

29  operate to the extent that such amendments are not dependent

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

31  provisions of this act.


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                                          HB 29-E, First Engrossed



 1         Section 56.  In order to implement Specific

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

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

 4  Florida Statutes, is amended to read:

 5         215.22  Certain income and certain trust funds

 6  exempt.--

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

 8  following trust funds shall be exempt from the appropriation

 9  deduction required by s. 215.20(1):

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

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

12  Lottery.

13         (c)  Departmental administrative assessments for

14  administrative divisions.

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

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

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

18  branch for services provided to a state agency.

19         (e)  State, agency, or political subdivision

20  investments by the Treasurer.

21         (f)  Retirement or employee benefit funds.

22         (g)  Self-insurance programs administered by the

23  Treasurer.

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

25  eradication and compensation.

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

27  client custodial care.

28         (j)  Bond proceeds or revenues dedicated for bond

29  repayment, except for the Documentary Stamp Clearing Trust

30  Fund administered by the Department of Revenue.

31  


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                                          HB 29-E, First Engrossed



 1         (k)  Trust funds administered by the Department of

 2  Education.

 3         (l)  Trust funds administered by the Department of

 4  Transportation.

 5         (m)  The following trust funds administered by the

 6  Department of Agriculture and Consumer Services:

 7         1.  The Citrus Inspection Trust Fund.

 8         2.  The Florida Forever Program Trust Fund.

 9         3.  The Florida Preservation 2000 Trust Fund.

10         4.  The Market Improvements Working Capital Trust Fund.

11         5.  The Pest Control Trust Fund.

12         6.  The Plant Industry Trust Fund.

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

14         (o)  The Solid Waste Management Trust Fund.

15         (p)  The Coconut Grove Playhouse Trust Fund.

16         (q)  The Communications Working Capital Trust Fund of

17  the Department of Management Services.

18         (r)  The Camp Blanding Management Trust Fund.

19         (s)  The Indigent Criminal Defense Trust Fund.

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

21  Trust Fund funded by the motorcycle safety education fee

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

23         (u)  The Save the Manatee Trust Fund.

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

25  any agency.

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

27         Section 57.  The amendment of subsection (1) of section

28  215.22, Florida Statutes, by this act shall expire on July 1,

29  2003, and the text of that subsection shall revert to that in

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

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


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                                          HB 29-E, First Engrossed



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

 2  dependent upon the portions of such text which expire pursuant

 3  to the provisions of this act.

 4         Section 58.  In order to implement Specific

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

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

 7  Statutes, is amended to read:

 8         18.10  Deposits and investments of state money.--

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

10  this section are hereby appropriated shall be credited to the

11  General Revenue Fund, except that earnings attributable to

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

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

14  were made available.

15         Section 59.  The amendment of subsection (4) of section

16  18.10, Florida Statutes, by this act shall expire on July 1,

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

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

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

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

21  dependent upon the portions of such text which expire pursuant

22  to the provisions of this act.

23         Section 60.  In order to implement Specific

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

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

26  Statutes, is amended to read:

27         18.125  Treasurer; powers and duties in the investment

28  of certain funds.--

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

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

31  judicial branch, now or hereafter charged with the


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                                          HB 29-E, First Engrossed



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

 2  make such moneys available for investment as fully as is

 3  consistent with the cash requirements of the particular fund

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

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

 6  such agency or judicial branch shall notify the Treasurer of

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

 8  invested by the Treasurer.  Such notification shall include

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

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

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

12  however, shall not be construed to make available for

13  investment any funds other than those referred to in

14  subsection (1).

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

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

17  shall not invest trust fund moneys as provided in this

18  section, but shall retain such moneys in their respective

19  trust funds for investment, with interest appropriated to the

20  General Revenue Fund, pursuant to s. 18.10:

21         1.  The Agency for Health Care Administration, except

22  for the Tobacco Settlement Trust Fund.

23         2.  The Department of Children and Family Services,

24  except for:

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

26  Fund.

27         b.  The Community Resources Development Trust Fund.

28         c.  The Refugee Assistance Trust Fund.

29         d.  The Social Services Block Grant Trust Fund.

30         e.  The Tobacco Settlement Trust Fund.

31         f.  The Working Capital Trust Fund.


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                                          HB 29-E, First Engrossed



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

 2  Operating Trust Fund.

 3         4.  The Department of Corrections.

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

 5         a.  The Federal Grants Trust Fund.

 6         b.  The Tobacco Settlement Trust Fund.

 7         6.  The Department of Health, except for:

 8         a.  The Federal Grants Trust Fund.

 9         b.  The Grants and Donations Trust Fund.

10         c.  The Maternal and Child Health Block Grant Trust

11  Fund.

12         d.  The Tobacco Settlement Trust Fund.

13         7.  The Department of Highway Safety and Motor

14  Vehicles, only for:

15         a.  The DUI Programs Coordination Trust Fund.

16         b.  The Security Deposits Trust Fund.

17         8.  The Department of Juvenile Justice.

18         9.  The Department of Labor and Employment Security,

19  only for the Administrative Trust Fund.

20         10.  The Department of Law Enforcement.

21         11.  The Department of Legal Affairs.

22         12.  The Department of State, only for:

23         a.  The Grants and Donations Trust Fund.

24         b.  The Records Management Trust Fund.

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

26         a.  The Economic Development Transportation Trust Fund.

27         b.  The Economic Development Trust Fund.

28         14.  The Florida Public Service Commission, only for

29  the Florida Public Service Regulatory Trust Fund.

30         15.  The Justice Administrative Commission.

31         16.  The state courts system.


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                                          HB 29-E, First Engrossed



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

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

 3  this section if:

 4         1.  Investment of such moneys and the retention of

 5  interest is required by federal programs or mandates;

 6         2.  Investment of such moneys and the retention of

 7  interest is required by bond covenants, indentures, or

 8  resolutions;

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

10  capacity as an agent or fiduciary for individuals, private

11  organizations, or other governmental units; or

12         4.  The Executive Office of the Governor determines,

13  after consultation with the Legislature pursuant to the

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

15  contributions or private grants to any trust fund would be

16  lost to the state.

17         Section 61.  The amendment of subsection (3) of section

18  18.125, Florida Statutes, by this act shall expire on July 1,

19  2003, and the text of that subsection shall revert to that in

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

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

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

23  dependent upon the portions of such text which expire pursuant

24  to the provisions of this act.

25         Section 62.  In order to implement Specific

26  Appropriation 3119 of the 2002-2003 General Appropriations

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

28  Florida Statutes, is amended to read:

29         14.2015  Office of Tourism, Trade, and Economic

30  Development; creation; powers and duties.--

31  


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                                          HB 29-E, First Engrossed



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

 2  Economic Development is to assist the Governor in working with

 3  the Legislature, state agencies, business leaders, and

 4  economic development professionals to formulate and implement

 5  coherent and consistent policies and strategies designed to

 6  provide economic opportunities for all Floridians.  To

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

 8  Economic Development shall:

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

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

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

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

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

14  288.1045, contracts for transportation projects under s.

15  288.063, the sports franchise facility program under s.

16  288.1162, the professional golf hall of fame facility program

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

18  403.973, the Rural Community Development Revolving Loan Fund

19  under s. 288.065, the Regional Rural Development Grants

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

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

22  the Rural Economic Development Initiative, and other programs

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

24  appropriations process, or by the Governor. Notwithstanding

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

26  earned from the investment of program funds deposited in the

27  Economic Development Trust Fund, the Grants and Donations

28  Trust Fund and, the Brownfield Property Ownership Clearance

29  Assistance Revolving Loan Trust Fund, and the Economic

30  Development Transportation Trust Fund to contract for the

31  administration of the programs, or portions of the programs,


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                                          HB 29-E, First Engrossed



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

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

 3  expenditures shall be subject to review under chapter 216.

 4         2.  The office may enter into contracts in connection

 5  with the fulfillment of its duties concerning the Florida

 6  First Business Bond Pool under chapter 159, tax incentives

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

 8  Capital Company Act in chapter 288, foreign offices under

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

10  the Seaport Employment Training program under chapter 311, the

11  Florida Professional Sports Team License Plates under chapter

12  320, Spaceport Florida under chapter 331, Expedited Permitting

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

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

15  appropriations process, or by the Governor.

16         Section 63.  The amendment of paragraph (f) of

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

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

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

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

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

22  extent that such amendments are not dependent upon the

23  portions of such text which expire pursuant to the provisions

24  of this act.

25         Section 64.  In order to implement Specific

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

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

28  amended to read:

29         240.4075  Nursing Student Loan Forgiveness Program.--

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

31  Forgiveness Trust Fund which are to be used for loan


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                                          HB 29-E, First Engrossed



 1  forgiveness for those nurses employed by hospitals, birth

 2  centers, and nursing homes must be matched on a

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

 4  institutions, except that this provision shall not apply to

 5  state-operated medical and health care facilities, public

 6  schools, county health departments, federally sponsored

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

 8  408.07, family practice teaching hospitals as defined in s.

 9  395.805, or specialty hospitals for children as used in s.

10  409.9119. If in any given fiscal quarter there are

11  insufficient funds in the trust fund to grant all eligible

12  applicant requests, awards shall be based on the following

13  priority of employer:  county health departments; federally

14  sponsored community health centers; state-operated medical and

15  health care facilities; public schools; teaching hospitals as

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

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

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

19  nursing homes.

20         (b)  All Nursing Student Loan Forgiveness Trust Fund

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

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

23  shall increase the total funds available for loan forgiveness

24  and scholarships. Pledged contributions shall not be eligible

25  for matching prior to the actual collection of the total

26  private contribution for the year.

27         Section 65.  The amendment of subsection (7) of section

28  240.4075, Florida Statutes, by this act shall expire on July

29  1, 2003, and the text of that subsection shall revert to that

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

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


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                                          HB 29-E, First Engrossed



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

 2  not dependent upon the portions of such text which expire

 3  pursuant to the provisions of this act.

 4         Section 66.  In order to implement Specific

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

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

 7  amended to read:

 8         385.207  Care and assistance of persons with epilepsy;

 9  establishment of programs in epilepsy control.--

10         (3)  Revenue for statewide implementation of programs

11  for epilepsy prevention and education pursuant to this section

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

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

14  which is hereby established to be administered by the

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

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

17  Interest income accruing to such invested funds shall increase

18  the total funds available under this subsection.

19         Section 67.  The amendment of subsection (3) of section

20  385.207, Florida Statutes, by this act shall expire on July 1,

21  2003, and the text of that subsection shall revert to that in

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

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

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

25  dependent upon the portions of such text which expire pursuant

26  to the provisions of this act.

27         Section 68.  In order to implement Specific

28  Appropriation 1170 of the 2002-2003 General Appropriations

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

30  amended to read:

31  


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                                          HB 29-E, First Engrossed



 1         860.158  Florida Motor Vehicle Theft Prevention Trust

 2  Fund.--

 3         (1)  There is hereby established within the Department

 4  of Legal Affairs the Florida Motor Vehicle Theft Prevention

 5  Trust Fund, which shall be administered by the executive

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

 7  interest earned from the investment or deposit of moneys

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

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

10  collected under s. 320.08046.

11         Section 69.  The amendment of subsection (1) of section

12  860.158, Florida Statutes, by this act shall expire on July 1,

13  2003, and the text of that subsection shall revert to that in

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

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

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

17  dependent upon the portions of such text which expire pursuant

18  to the provisions of this act.

19         Section 70.  In order to implement Specific

20  Appropriation 1170 of the 2002-2003 General Appropriations

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

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

23  amended to read:

24         938.01  Additional Court Cost Clearing Trust Fund.--

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

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

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

28  violation of a state penal or criminal statute or convicted

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

30  whose adjudication is withheld pursuant to the provisions of

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


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                                          HB 29-E, First Engrossed



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

 2  related to such penal statutes or penal ordinances shall be

 3  remitted to the Department of Revenue as described in this

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

 5  any person convicted for violation of any state statute,

 6  municipal ordinance, or county ordinance relating to the

 7  parking of vehicles.

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

 9  subsection shall be remitted to the Department of Revenue in

10  accordance with administrative rules adopted by the executive

11  director of the Department of Revenue for deposit in the

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

13  funds deposited in the Additional Court Cost Clearing Trust

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

15  follows:

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

17  Enforcement Criminal Justice Standards and Training Trust

18  Fund.

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

20  Law Enforcement Operating Trust Fund for the Criminal Justice

21  Grant Program.

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

23  Children and Family Services Domestic Violence Trust Fund for

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

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

26  Enforcement Criminal Justice Standards and Training Trust

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

28  and the Department of Children and Family Services Domestic

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

30  investing such funds and any unencumbered funds remaining at

31  


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                                          HB 29-E, First Engrossed



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

 2  trust fund.

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

 4  Criminal Justice Standards and Training Trust Fund shall be

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

 6         Section 71.  The amendment of subsection (1) of section

 7  938.01, 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 72.  A section of this act that implements a

15  specific appropriation or specifically identified proviso

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

17  if the specific appropriation or specifically identified

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

19  implements more than one specific appropriation or more than

20  one portion of specifically identified proviso language in the

21  2002-2003 General Appropriations Act is void if all the

22  specific appropriations or portions of specifically identified

23  proviso language are vetoed.

24         Section 73.  If any other act passed in 2002 contains a

25  provision that is substantively the same as a provision in

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

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

28  Legislature intends that the provision in the other act shall

29  take precedence and shall continue to operate, notwithstanding

30  the future repeal provided by this act.

31  


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                                          HB 29-E, First Engrossed



 1         Section 74.  The agency performance measures and

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

 3  Agency Performance Measures and Standards Approved by the

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

 5  filed with the Clerk of the House of Representatives are

 6  incorporated by reference. Such performance measures and

 7  standards are directly linked to the appropriations made in

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

 9  required by the Government Performance and Accountability Act

10  of 1994. State agencies are directed to revise their

11  long-range program plans required under section 216.013,

12  Florida Statutes, to be consistent with these performance

13  measures and standards.

14         Section 75.  If any provision of this act or its

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

16  invalidity shall not affect other provisions or applications

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

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

19  this act are declared severable.

20         Section 76.  Except as otherwise provided in this act,

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

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

23  effect upon becoming a law and shall operate retroactively to

24  July 1, 2002.

25  

26  

27  

28  

29  

30  

31  


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