Senate Bill sb0004E

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 4-E

    By the Committee on Appropriations





    309-2375C-02

  1                      A bill to be entitled

  2         An act implementing the 2002-2003 General

  3         Appropriations Act; prescribing powers and

  4         duties of the Secretary of Education with

  5         respect to reorganizing the Department of

  6         Education; requiring the Department of

  7         Education to maximize federal indirect cost

  8         allowed on federal grants; requiring

  9         appropriation for expenditure of funds received

10         from indirect cost allowance; repealing s.

11         229.8065, F.S., relating to expenditures for

12         the Knott Data Center and projects, contracts,

13         and grant programs; amending s. 229.085, F.S.;

14         removing an exemption for personnel employed by

15         projects funded by contracts and grants;

16         providing legislative intent; amending s.

17         240.35, F.S.; increasing the percentage of

18         funds from the financial aid fee to be used for

19         need-based financial aid; revising provisions

20         relating to an annual report; providing

21         accounting requirements for the state

22         universities for the 2002-2003 fiscal year;

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

24         Department of Children and Family Services to

25         transfer funding between certain services;

26         amending s. 215.20, F.S.; appropriating the

27         service charges on certain income and trust

28         funds to the General Revenue Fund; amending s.

29         215.22, F.S.; exempting certain income and

30         trust funds from such appropriation; amending

31         s. 18.10, F.S.; appropriating certain

                                  1

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         investment earnings to the General Revenue

 2         Fund; amending s. 18.125, F.S.; revising

 3         investment requirements for certain trust

 4         funds; amending ss. 14.2015, 240.4075, 385.207,

 5         860.158, and 938.01, F.S., to conform;

 6         providing for future repeal or expiration of

 7         various provisions; amending s. 295.182, F.S.;

 8         authorizing contributions to the Florida World

 9         War II Veterans Memorial Matching Trust Fund

10         from public bodies; amending s. 216.262, F.S.;

11         providing for additional positions to operate

12         additional prison bed capacity under certain

13         circumstances; authorizing the Correctional

14         Privatization Commission to make certain

15         expenditures to defray costs incurred by a

16         municipality or county as a result of opening

17         or operating a facility under the authority of

18         the commission or the Department of Juvenile

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

20         use of moneys in the Crime Stoppers Trust Fund

21         to pay for salaries and benefits and other

22         expenses of the Department of Legal Affairs;

23         amending s. 860.158, F.S.; providing directives

24         for the use of moneys in the Florida Motor

25         Vehicle Theft Prevention Trust Fund; amending

26         s. 25.402, F.S.; revising uses of the County

27         Article V Trust Fund; amending s. 581.1845,

28         F.S.; revising eligibility for compensation

29         under the citrus canker eradication program;

30         prescribing the amount of compensation for

31         trees taken in canker eradication programs;

                                  2

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         amending s. 252.373, F.S.; providing for use of

 2         the Emergency Management, Preparedness, and

 3         Assistance Trust Fund; amending s. 163.3184,

 4         F.S.; prescribing standards for the state land

 5         planning agency to use when issuing notice of

 6         intent; amending s. 375.041, F.S.; providing

 7         for use of moneys in the Land Acquisition Trust

 8         Fund; amending s. 403.709, F.S.; providing for

 9         use of moneys in the Solid Waste Management

10         Trust Fund; amending s. 403.7095, F.S.;

11         prescribing conditions on solid waste

12         management and recycling grants; amending s.

13         339.12, F.S.; delaying an effective date;

14         amending s. 338.2216, F.S.; providing that

15         certain positions under the Florida Turnpike

16         Enterprise remain in the Career Service System;

17         amending s. 287.161, F.S.; amending s.

18         402.3017, F.S.; providing for administration of

19         the Teacher Education and Compensation Helps

20         scholarship program; amending s. 489.118, F.S.;

21         providing for issuance of certification to

22         certain applicant contractors upon successful

23         completion of an oral examination; authorizing

24         the Department of Business and Professional

25         Regulation to transfer positions and resources;

26         providing for the organization of the Division

27         of Florida Land Sales, Condominiums, and Mobile

28         Homes and the Division of Alcoholic Beverages

29         and Tobacco; prohibiting the transfer of

30         certain funds without prior authorization of

31         the Legislature; requiring the Department of

                                  3

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Management Services to charge all persons

 2         receiving transportation from the executive

 3         aircraft pool a specified rate; amending s.

 4         110.1239, F.S.; providing requirements for the

 5         funding of the state group health insurance

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

 7         copayment requirements for the state employees'

 8         prescription drug program; amending s. 443.036,

 9         F.S.; providing a definition and an application

10         of an alternative base period for unemployment

11         compensation; providing requirements and

12         limitations; requiring employers to respond to

13         requests for information by the Agency for

14         Workforce Innovation; providing a penalty for

15         failure to respond; providing for adjustments

16         in determinations of monetary eligibility;

17         providing effect of veto of specific

18         appropriation or proviso to which implementing

19         language refers; incorporating by reference

20         specified performance measures and standards

21         directly linked to the appropriations made in

22         the 2002-2003 General Appropriations Act, as

23         required by the Government Performance and

24         Accountability Act of 1994; limiting

25         expenditures for noncommercial sustained

26         announcements and public-service announcements;

27         providing for construction of laws enacted at

28         the 2002 Regular Session in relation to this

29         act; providing effective dates.

30  

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

                                  4

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  the implementing and administering provisions of this act

 3  apply to the General Appropriations Act for fiscal year

 4  2002-2003.

 5         Section 2.  In order to implement Specific

 6  Appropriations 1-187 of the 2002-2003 General Appropriations

 7  Act, the Secretary of Education, in consultation with the

 8  Commissioner of Education, may establish, abolish, or

 9  consolidate bureaus, sections, and subsections and reallocate

10  duties and functions within the Department of Education in

11  order to promote the effective and efficient operation of the

12  department and to implement changes to the state system of

13  education initiated by the adoption of the 1998 amendment to

14  Article IX of the State Constitution as implemented by the

15  Legislature in chapter 2001-170, Laws of Florida. Authorized

16  positions and appropriations may be transferred from one

17  budget entity to another as required to implement the

18  reorganization. The secretary may not establish, abolish, or

19  consolidate bureaus, sections, or subsections after December

20  31, 2002, unless such action is approved by the Legislative

21  Budget Commission. The secretary shall provide a report on the

22  reorganization to the President of the Senate, the Speaker of

23  the House of Representatives, the minority leaders of the

24  Senate and the House of Representatives, and the chairs of the

25  education appropriations committees of the Legislature by

26  January 1, 2003. This section expires July 1, 2003.

27         Section 3.  Effective upon this act becoming a law, in

28  order to implement section 2 of the 2002-2003 General

29  Appropriations Act, sections 29 and 30 of chapter 2001-170,

30  Laws of Florida, are amended to read:

31  

                                  5

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 29.  Effective July 1, 2003, the Department of

 2  Education shall maximize the available federal indirect cost

 3  allowed on all federal grants. Beginning with the 2003-2004

 4  2002-2003 fiscal year, none of the funds received from

 5  indirect cost allowance shall be expended by the department

 6  without specific appropriation by the Legislature. Funds

 7  received pursuant to s. 240.241, Florida Statutes, are

 8  specifically exempt from this provision.

 9         Section 30.  Effective July 1, 2003 June 30, 2002,

10  section 229.8065, Florida Statutes, is repealed.

11         Section 4.  Effective upon this act becoming a law, in

12  order to implement section 2 of the 2002-2003 General

13  Appropriations Act, notwithstanding section 229.085(2),

14  Florida Statutes, or any other law, the employment of

15  personnel to execute the terms of grants or contracts for

16  specific projects under the Department of Education's

17  Projects, Contracts, and Grants Trust Fund, or any successor

18  fund to that fund, is not subject to the requirements of

19  section 216.262(1)(a), Florida Statutes. This section expires

20  July 1, 2003.

21         Section 5.  In order to implement Specific

22  Appropriation 161 of the 2002-2003 General Appropriations Act,

23  notwithstanding paragraph 240.35(11)(c), Florida Statutes, or

24  any other law, a minimum of 75 percent of the balance of the

25  funds for new awards under that paragraph or its successor

26  shall be used to provide financial aid based on absolute need,

27  and the remainder of the funds shall be used for academic

28  merit purposes and other purposes approved by the district

29  boards of trustees. This section expires July 1, 2003.

30  

31  

                                  6

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 6.  In order to implement Specific

 2  Appropriations 166A-181 of the 2002-2003 General

 3  Appropriations Act:

 4         (1)  Universities in the State University System shall

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

 6  2002-2003 but are not required to provide funds to the

 7  Department of Banking and Finance for its utilization.

 8         (2)  Notwithstanding the provisions of sections

 9  216.181, 216.292, and 240.2094, Florida Statutes, or any other

10  law, and pursuant to section 216.351, Florida Statutes, funds

11  appropriated or reappropriated to the state universities in

12  the 2002-2003 General Appropriations Act, or any other act

13  passed by the 2002 Legislature containing appropriations,

14  shall be distributed to each university according to the

15  2002-2003 fiscal year operating budget approved by the

16  university board of trustees.  Each university board of

17  trustees shall have authority to amend the operating budget as

18  circumstances warrant.  The operating budget may utilize

19  traditional appropriation categories or it may consolidate the

20  appropriations into a special category appropriation account.

21  The Comptroller or Chief Financial Officer, upon the request

22  of the university board of trustees, shall record by journal

23  transfer the distribution of the appropriated funds and

24  releases according to the approved operating budget to the

25  appropriation accounts established for disbursement purposes

26  for each university within the state accounting system

27  (FLAIR).

28         (3)  Notwithstanding the provisions of sections

29  216.181, 216.292, 240.241, and 240.277, Florida Statutes, or

30  any other law, and pursuant to section 216.351, Florida

31  Statutes, each university board of trustees shall include in

                                  7

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  an approved operating budget the revenue in trust funds

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

 3  within the Contract, Grants, and Donations, Auxiliary

 4  Enterprises, and Sponsored Research budget entities.  The

 5  university board of trustees shall have the authority to amend

 6  the operating budget as circumstances warrant.  The operating

 7  budget may utilize traditional appropriation categories or it

 8  may consolidate the trust fund spending authority into a

 9  special category appropriation account.  The Comptroller or

10  Chief Financial Officer, upon the request of the university

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

12  fund spending authority and releases according to the approved

13  operating budget to the appropriation accounts established for

14  disbursement purposes for each university within the state

15  accounting system (FLAIR).

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

17         Section 7.  In order to implement Specific

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

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

20  amended to read:

21         216.292  Appropriations nontransferable; exceptions.--

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

23  notwithstanding the other provisions of this section, the

24  Department of Children and Family Services may transfer funds

25  within the family safety program identified in the General

26  Appropriations Act from identical funding sources between the

27  following appropriation categories without limitation as long

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

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

30  the subsequent fiscal year: adoption services and subsidy;

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

                                  8

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  must be consistent with legislative policy and intent and must

 2  not adversely affect achievement of approved performance

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

 4  proposed transfers under this authority must be provided to

 5  the Executive Office of the Governor and the chairs of the

 6  legislative appropriations committees at least 5 working days

 7  before their implementation. This subsection expires July 1,

 8  2003 2002.

 9         Section 8.  In order to implement Specific

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

11  General Appropriations Act, section 215.20, Florida Statutes,

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

13  is amended to read:

14         (Substantial rewording of section.  See

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

16         215.20  Certain income and certain trust funds to

17  contribute to the General Revenue Fund.--

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

19  estimated pro rata share of the cost of general government

20  paid from the General Revenue Fund, is appropriated from all

21  income of a revenue nature deposited in all trust funds except

22  those enumerated in s. 215.22.  Income of a revenue nature

23  shall include all earnings received or credited by such trust

24  funds, including the interest or benefit received from the

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

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

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

28  appropriations shall be deposited in the General Revenue Fund.

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

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

31  the Department of Agriculture and Consumer Services, including

                                  9

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  funds collected in the General Inspection Trust Fund for

 2  marketing orders and in the Florida Citrus Advertising Trust

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

 4  hereby appropriated to the General Revenue Fund.  This

 5  paragraph does not apply to the Conservation and Recreation

 6  Lands Program Trust Fund, the Florida Quarter Horse Racing

 7  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

 8  Florida Forever Program Trust Fund, the Florida Preservation

 9  2000 Trust Fund, the Market Improvements Working Capital Trust

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

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

12  Fund in the Department of Agriculture and Consumer Services.

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

14  Wildlife Conservation Commission shall be subject to a

15  3-percent service charge, which is appropriated to the General

16  Revenue Fund.

17         (3)  A service charge of 0.3 percent is appropriated

18  from income of a revenue nature deposited in the trust funds

19  enumerated in subsection (4). Income of a revenue nature shall

20  include all earnings received or credited by such trust funds,

21  including the interest or benefit received from the investment

22  of the principal of such trust funds as may be permitted by

23  law.  This provision shall be construed in favor of the

24  General Revenue Fund in each instance.  All such

25  appropriations shall be deposited in the General Revenue Fund.

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

27  following described trust funds, by whatever name designated,

28  is that from which the appropriations authorized by subsection

29  (3) shall be made:

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

31  

                                  10

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         1.  The Florida Organ and Tissue Donor Education and

 2  Procurement Trust Fund.

 3         2.  The Health Care Trust Fund.

 4         3.  The Resident Protection Trust Fund.

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

 6  Employment Security Administration Trust Fund.

 7         (c)  Within the Department of Agriculture and Consumer

 8  Services:

 9         1.  The Conservation and Recreation Lands Program Trust

10  Fund.

11         2.  The Florida Quarter Horse Racing Promotion Trust

12  Fund.

13         3.  The General Inspection Trust Fund and subsidiary

14  accounts thereof, unless a different percentage is authorized

15  by s. 570.20.

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

17         1.  The Administrative Trust Fund.

18         2.  The Anti-Fraud Trust Fund.

19         3.  The Financial Institutions' Regulatory Trust Fund.

20         4.  The Mortgage Brokerage Guaranty Fund.

21         5.  The Regulatory Trust Fund.

22         (e)  Within the Department of Business and Professional

23  Regulation:

24         1.  The Administrative Trust Fund.

25         2.  The Alcoholic Beverage and Tobacco Trust Fund.

26         3.  The Cigarette Tax Collection Trust Fund.

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

28  and Mobile Homes Trust Fund.

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

30  exception of those fees collected for the purpose of funding

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

                                  11

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         6.  The Professional Regulation Trust Fund.

 2         7.  The trust funds administered by the Division of

 3  Pari-mutuel Wagering.

 4         (f)  Within the Department of Children and Family

 5  Services:

 6         1.  The Administrative Trust Fund.

 7         2.  The Child Welfare Training Trust Fund.

 8         3.  The Children and Adolescents Substance Abuse Trust

 9  Fund.

10         4.  The Domestic Violence Trust Fund.

11         5.  The Grants and Donations Trust Fund.

12         6.  The Operations and Maintenance Trust Fund.

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

14  Citrus Advertising Trust Fund, including transfers from any

15  subsidiary accounts thereof, unless a different percentage is

16  authorized in s. 601.15(7).

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

18  Operating Trust Fund.

19         (i)  Within the Department of Education:

20         1.  The Educational Certification and Service Trust

21  Fund.

22         2.  The Phosphate Research Trust Fund.

23         (j)  Within the Department of Elderly Affairs:

24         1.  The Administrative Trust Fund.

25         2.  The Federal Grants Trust Fund.

26         3.  The Grants and Donations Trust Fund.

27         4.  The Operations and Maintenance Trust Fund.

28         (k)  Within the Department of Environmental Protection:

29         1.  The Administrative Trust Fund.

30         2.  The Air Pollution Control Trust Fund.

31         3.  The Conservation and Recreation Lands Trust Fund.

                                  12

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         4.  The Ecosystem Management and Restoration Trust

 2  Fund.

 3         5.  The Environmental Laboratory Trust Fund.

 4         6.  The Florida Coastal Protection Trust Fund.

 5         7.  The Florida Permit Fee Trust Fund.

 6         8.  The Forfeited Property Trust Fund.

 7         9.  The Grants and Donations Trust Fund.

 8         10.  The Inland Protection Trust Fund.

 9         11.  The Internal Improvement Trust Fund.

10         12.  The Land Acquisition Trust Fund.

11         13.  The Minerals Trust Fund.

12         14.  The Nonmandatory Land Reclamation Trust Fund.

13         15.  The State Park Trust Fund.

14         16.  The Water Quality Assurance Trust Fund.

15         17.  The Working Capital Trust Fund.

16         (l)  Within the Department of Health:

17         1.  The Administrative Trust Fund.

18         2.  The Brain and Spinal Cord Injury Program Trust

19  Fund.

20         3.  The Donations Trust Fund.

21         4.  The Emergency Medical Services Trust Fund.

22         5.  The Epilepsy Services Trust Fund.

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

24         7.  The Grants and Donations Trust Fund.

25         8.  The Medical Quality Assurance Trust Fund.

26         9.  The Nursing Student Loan Forgiveness Trust Fund.

27         10.  The Planning and Evaluation Trust Fund.

28         11.  The Radiation Protection Trust Fund.

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

30  Vehicles, the DUI Programs Coordination Trust Fund.

31         (n)  Within the Department of Insurance:

                                  13

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

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

 3         (o)  Within the Department of Labor and Employment

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

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

 6  transferred:

 7         1.  The Special Disability Trust Fund.

 8         2.  The Special Employment Security Administration

 9  Trust Fund.

10         3.  The Workers' Compensation Administration Trust

11  Fund.

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

13  Compensation Trust Fund.

14         (q)  Within the Department of Management Services:

15         1.  The Administrative Trust Fund.

16         2.  The Architects Incidental Trust Fund.

17         3.  The Bureau of Aircraft Trust Fund.

18         4.  The Florida Facilities Pool Working Capital Trust

19  Fund.

20         5.  The Grants and Donations Trust Fund.

21         6.  The Motor Vehicle Operating Trust Fund.

22         7.  The Police and Firefighters' Premium Tax Trust

23  Fund.

24         8.  The Public Employees Relations Commission Trust

25  Fund.

26         9.  The State Personnel System Trust Fund.

27         10.  The Supervision Trust Fund.

28         11.  The Working Capital Trust Fund.

29         (r)  Within the Department of Revenue:

30         1.  The Additional Court Cost Clearing Trust Fund.

31         2.  The Administrative Trust Fund.

                                  14

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         3.  The Apalachicola Bay Oyster Surcharge Clearing

 2  Trust Fund.

 3         4.  The Certification Program Trust Fund.

 4         5.  The Fuel Tax Collection Trust Fund.

 5         6.  The Land Reclamation Trust Fund.

 6         7.  The Local Alternative Fuel User Fee Clearing Trust

 7  Fund.

 8         8.  The Local Option Fuel Tax Trust Fund.

 9         9.  The Motor Vehicle Rental Surcharge Clearing Trust

10  Fund.

11         10.  The Motor Vehicle Warranty Trust Fund.

12         11.  The Oil and Gas Tax Trust Fund.

13         12.  The Secondhand Dealer and Secondary Metals

14  Recycler Clearing Trust Fund.

15         13.  The Severance Tax Solid Mineral Trust Fund.

16         14.  The State Alternative Fuel User Fee Clearing Trust

17  Fund.

18         15.  All taxes levied on motor fuels other than

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

20         (s)  Within the Department of State:

21         1.  The Division of Licensing Trust Fund.

22         2.  The Records Management Trust Fund.

23         3.  The trust funds administered by the Division of

24  Historical Resources.

25         (t)  Within the Department of Transportation, all

26  income derived from outdoor advertising and overweight

27  violations which is deposited in the State Transportation

28  Trust Fund.

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

30         1.  The Grants and Donations Trust Fund.

31         2.  The Operations and Maintenance Trust Fund.

                                  15

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         3.  The State Homes for Veterans Trust Fund.

 2         (v)  Within the Division of Administrative Hearings,

 3  the Administrative Trust Fund.

 4         (w)  Within the Fish and Wildlife Conservation

 5  Commission:

 6         1.  The Conservation and Recreation Lands Program Trust

 7  Fund.

 8         2.  The Florida Panther Research and Management Trust

 9  Fund.

10         3.  The Land Acquisition Trust Fund.

11         4.  The Marine Resources Conservation Trust Fund, with

12  the exception of those fees collected for recreational

13  saltwater fishing licenses as provided in s. 372.57.

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

15  Florida Public Service Regulatory Trust Fund.

16         (y)  Within the Justice Administrative Commission, the

17  Indigent Criminal Defense Trust Fund.

18  

19  The enumeration of the foregoing moneys or trust funds shall

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

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

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

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

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

25  funds or contributions or private grants to any trust fund

26  would be lost to the state.

27         (5)  There is appropriated from the proper respective

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

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

30  this section.

31  

                                  16

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 9.  The amendment of section 215.20, Florida

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

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

 4  30, 2002, except that any amendments to such text enacted

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

 6  operate to the extent that such amendments are not dependent

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

 8  provisions of this act.

 9         Section 10.  In order to implement Specific

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

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

12  Florida Statutes, is amended to read:

13         215.22  Certain income and certain trust funds

14  exempt.--

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

16  following trust funds shall be exempt from the appropriation

17  deduction required by s. 215.20(1):

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

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

20  Lottery.

21         (c)  Departmental administrative assessments for

22  administrative divisions.

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

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

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

26  branch for services provided to a state agency.

27         (e)  State, agency, or political subdivision

28  investments by the Treasurer.

29         (f)  Retirement or employee benefit funds.

30         (g)  Self-insurance programs administered by the

31  Treasurer.

                                  17

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  eradication and compensation.

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

 4  client custodial care.

 5         (j)  Bond proceeds or revenues dedicated for bond

 6  repayment, except for the Documentary Stamp Clearing Trust

 7  Fund administered by the Department of Revenue.

 8         (k)  Trust funds administered by the Department of

 9  Education.

10         (l)  Trust funds administered by the Department of

11  Transportation.

12         (m)  The following trust funds administered by the

13  Department of Agriculture and Consumer Services:

14         1.  The Citrus Inspection Trust Fund.

15         2.  The Florida Forever Program Trust Fund.

16         3.  The Florida Preservation 2000 Trust Fund.

17         4.  The Market Improvements Working Capital Trust Fund.

18         5.  The Pest Control Trust Fund.

19         6.  The Plant Industry Trust Fund.

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

21         (o)  The Solid Waste Management Trust Fund.

22         (p)  The Coconut Grove Playhouse Trust Fund.

23         (q)  The Communications Working Capital Trust Fund of

24  the Department of Management Services.

25         (r)  The Camp Blanding Management Trust Fund.

26         (s)  The Indigent Criminal Defense Trust Fund.

27         (t)  That portion of the Highway Safety Operating Trust

28  Fund funded by the motorcycle safety education fee collected

29  pursuant to s. 320.08(1)(c).

30         (u)  The Save the Manatee Trust Fund.

31  

                                  18

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         (u)(v)  Tobacco Settlement Trust Funds administered by

 2  any agency.

 3         (v)(w)  The Save Our Everglades Trust Fund.

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

 5  215.22, Florida Statutes, by this act shall expire on July 1,

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

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

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

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

10  dependent upon the portions of such text which expire pursuant

11  to the provisions of this act.

12         Section 12.  In order to implement Specific

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

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

15  Statutes, is amended to read:

16         18.10  Deposits and investments of state money.--

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

18  this section are appropriated shall be credited to the General

19  Revenue Fund, except that earnings attributable to moneys made

20  available pursuant to s. 18.125(3)(a) and (b) shall be

21  credited pro rata to the funds from which such moneys were

22  made available.

23         Section 13.  The amendment of subsection (4) of section

24  18.10, Florida Statutes, by this act shall expire on July 1,

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

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

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

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

29  dependent upon the portions of such text which expire pursuant

30  to the provisions of this act.

31  

                                  19

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 14.  In order to implement Specific

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

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

 4  Statutes, is amended to read:

 5         18.125  Treasurer; powers and duties in the investment

 6  of certain funds.--

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

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

 9  judicial branch, now or hereafter charged with the

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

11  make such moneys available for investment as fully as is

12  consistent with the cash requirements of the particular fund

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

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

15  such agency or judicial branch shall notify the Treasurer of

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

17  invested by the Treasurer.  Such notification shall include

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

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

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

21  however, shall not be construed to make available for

22  investment any funds other than those referred to in

23  subsection (1).

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

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

26  shall not invest trust fund moneys as provided in this

27  section, but shall retain such moneys in their respective

28  trust funds for investment, with interest appropriated to the

29  General Revenue Fund, pursuant to s. 18.10:

30         1.  The Agency for Health Care Administration, except

31  for the Tobacco Settlement Trust Fund.

                                  20

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         2.  The Department of Children and Family Services,

 2  except for:

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

 4  Fund.

 5         b.  The Community Resources Development Trust Fund.

 6         c.  The Refugee Assistance Trust Fund.

 7         d.  The Social Services Block Grant Trust Fund.

 8         e.  The Tobacco Settlement Trust Fund.

 9         f.  The Working Capital Trust Fund.

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

11  Operating Trust Fund.

12         4.  The Department of Corrections.

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

14         a.  The Federal Grants Trust Fund.

15         b.  The Tobacco Settlement Trust Fund.

16         6.  The Department of Health, except for:

17         a.  The Federal Grants Trust Fund.

18         b.  The Grants and Donations Trust Fund.

19         c.  The Maternal and Child Health Block Grant Trust

20  Fund.

21         d.  The Tobacco Settlement Trust Fund.

22         7.  The Department of Highway Safety and Motor

23  Vehicles, only for:

24         a.  The DUI Programs Coordination Trust Fund.

25         b.  The Security Deposits Trust Fund.

26         8.  The Department of Juvenile Justice.

27         9.  The Department of Labor and Employment Security,

28  only for the Administrative Trust Fund.

29         10.  The Department of Law Enforcement.

30         11.  The Department of Legal Affairs.

31         12.  The Department of State, only for:

                                  21

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         a.  The Grants and Donations Trust Fund.

 2         b.  The Records Management Trust Fund.

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

 4         a.  The Economic Development Transportation Trust Fund.

 5         b.  The Economic Development Trust Fund.

 6         14.  The Florida Public Service Commission, only for

 7  the Florida Public Service Regulatory Trust Fund.

 8         15.  The Justice Administrative Commission.

 9         16.  The state courts system.

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

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

12  this section if:

13         1.  Investment of such moneys and the retention of

14  interest is required by federal programs or mandates;

15         2.  Investment of such moneys and the retention of

16  interest is required by bond covenants, indentures, or

17  resolutions;

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

19  capacity as an agent or fiduciary for individuals, private

20  organizations, or other governmental units; or

21         4.  The Executive Office of the Governor determines,

22  after consultation with the Legislature pursuant to the

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

24  contributions or private grants to any trust fund would be

25  lost to the state.

26         Section 15.  The amendment of subsection (3) of section

27  18.125, Florida Statutes, by this act shall expire on July 1,

28  2003, and the text of that subsection shall revert to that in

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

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

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

                                  22

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  dependent upon the portions of such text which expire pursuant

 2  to the provisions of this act.

 3         Section 16.  In order to implement Specific

 4  Appropriation 3119 of the 2002-2003 General Appropriations

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

 6  Florida Statutes, is amended to read:

 7         14.2015  Office of Tourism, Trade, and Economic

 8  Development; creation; powers and duties.--

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

10  Economic Development is to assist the Governor in working with

11  the Legislature, state agencies, business leaders, and

12  economic development professionals to formulate and implement

13  coherent and consistent policies and strategies designed to

14  provide economic opportunities for all Floridians.  To

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

16  Economic Development shall:

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

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

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

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

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

22  288.1045, contracts for transportation projects under s.

23  288.063, the sports franchise facility program under s.

24  288.1162, the professional golf hall of fame facility program

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

26  403.973, the Rural Community Development Revolving Loan Fund

27  under s. 288.065, the Regional Rural Development Grants

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

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

30  the Rural Economic Development Initiative, and other programs

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

                                  23

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  appropriations process, or by the Governor. Notwithstanding

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

 3  earned from the investment of program funds deposited in the

 4  Economic Development Trust Fund, the Grants and Donations

 5  Trust Fund and, the Brownfield Property Ownership Clearance

 6  Assistance Revolving Loan Trust Fund, and the Economic

 7  Development Transportation Trust Fund to contract for the

 8  administration of the programs, or portions of the programs,

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

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

11  expenditures shall be subject to review under chapter 216.

12         2.  The office may enter into contracts in connection

13  with the fulfillment of its duties concerning the Florida

14  First Business Bond Pool under chapter 159, tax incentives

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

16  Capital Company Act in chapter 288, foreign offices under

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

18  the Seaport Employment Training program under chapter 311, the

19  Florida Professional Sports Team License Plates under chapter

20  320, Spaceport Florida under chapter 331, Expedited Permitting

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

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

23  appropriations process, or by the Governor.

24         Section 17.  The amendment of paragraph (f) of

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

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

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

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

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

30  extent that such amendments are not dependent upon the

31  

                                  24

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  portions of such text which expire pursuant to the provisions

 2  of this act.

 3         Section 18.  In order to implement Specific

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

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

 6  amended to read:

 7         240.4075  Nursing Student Loan Forgiveness Program.--

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

 9  Forgiveness Trust Fund which are to be used for loan

10  forgiveness for those nurses employed by hospitals, birth

11  centers, and nursing homes must be matched on a

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

13  institutions, except that this provision shall not apply to

14  state-operated medical and health care facilities, public

15  schools, county health departments, federally sponsored

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

17  408.07, family practice teaching hospitals as defined in s.

18  395.805, or specialty hospitals for children as used in s.

19  409.9119. If in any given fiscal quarter there are

20  insufficient funds in the trust fund to grant all eligible

21  applicant requests, awards shall be based on the following

22  priority of employer:  county health departments; federally

23  sponsored community health centers; state-operated medical and

24  health care facilities; public schools; teaching hospitals as

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

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

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

28  nursing homes.

29         (b)  All Nursing Student Loan Forgiveness Trust Fund

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

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

                                  25

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  shall increase the total funds available for loan forgiveness

 2  and scholarships. Pledged contributions shall not be eligible

 3  for matching prior to the actual collection of the total

 4  private contribution for the year.

 5         Section 19.  The amendment of subsection (7) of section

 6  240.4075, Florida Statutes, by this act shall expire on July

 7  1, 2003, and the text of that subsection shall revert to that

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

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

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

11  not dependent upon the portions of such text which expire

12  pursuant to the provisions of this act.

13         Section 20.  In order to implement Specific

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

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

16  amended to read:

17         385.207  Care and assistance of persons with epilepsy;

18  establishment of programs in epilepsy control.--

19         (3)  Revenue for statewide implementation of programs

20  for epilepsy prevention and education pursuant to this section

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

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

23  which is hereby established to be administered by the

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

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

26  Interest income accruing to such invested funds shall increase

27  the total funds available under this subsection.

28         Section 21.  The amendment of subsection (3) of section

29  385.207, Florida Statutes, by this act shall expire on July 1,

30  2003, and the text of that subsection shall revert to that in

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

                                  26

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

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

 3  dependent upon the portions of such text which expire pursuant

 4  to the provisions of this act.

 5         Section 22.  In order to implement Specific

 6  Appropriation 1170 of the 2002-2003 General Appropriations

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

 8  amended to read:

 9         860.158  Florida Motor Vehicle Theft Prevention Trust

10  Fund.--

11         (1)  There is hereby established within the Department

12  of Legal Affairs the Florida Motor Vehicle Theft Prevention

13  Trust Fund, which shall be administered by the executive

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

15  interest earned from the investment or deposit of moneys

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

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

18  collected under s. 320.08046.

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

20  860.158, 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 24.  In order to implement Specific

28  Appropriation 1170 of the 2002-2003 General Appropriations

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

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

31  amended to read:

                                  27

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         938.01  Additional Court Cost Clearing Trust Fund.--

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

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

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

 5  violation of a state penal or criminal statute or convicted

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

 7  whose adjudication is withheld pursuant to the provisions of

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

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

10  related to such penal statutes or penal ordinances shall be

11  remitted to the Department of Revenue as described in this

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

13  any person convicted for violation of any state statute,

14  municipal ordinance, or county ordinance relating to the

15  parking of vehicles.

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

17  subsection shall be remitted to the Department of Revenue in

18  accordance with administrative rules adopted by the executive

19  director of the Department of Revenue for deposit in the

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

21  funds deposited in the Additional Court Cost Clearing Trust

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

23  follows:

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

25  Enforcement Criminal Justice Standards and Training Trust

26  Fund.

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

28  Law Enforcement Operating Trust Fund for the Criminal Justice

29  Grant Program.

30  

31  

                                  28

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  Children and Family Services Domestic Violence Trust Fund for

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

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

 5  Enforcement Criminal Justice Standards and Training Trust

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

 7  and the Department of Children and Family Services Domestic

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

 9  investing such funds and any unencumbered funds remaining at

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

11  trust fund.

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

13  Criminal Justice Standards and Training Trust Fund shall be

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

15         Section 25.  The amendment of subsection (1) of section

16  938.01, 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 26.  In order to implement Specific

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

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

26         295.182  Florida World War II Veterans Memorial

27  Matching Trust Fund; contributions; use.--

28         (1)  The Florida World War II Veterans Memorial

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

30  of Veterans' Affairs shall receive private contributions and

31  matching state funds specifically appropriated by the

                                  29

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  Legislature for the purpose of matching private donations

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

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

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

 5  in a manner which will generate increased funding for the

 6  Florida World War II Veterans Memorial. Contributions to the

 7  Florida World War II Veterans Memorial Matching Trust Fund

 8  must be returned to those entities or individuals contributing

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

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

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

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

13  1.01(8). Public bodies are authorized to appropriate funds, in

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

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

16         Section 27.  In order to implement Specific

17  Appropriations 691-806 and 843-857 of the 2002-2003 General

18  Appropriations Act, subsection (4) of section 216.262, Florida

19  Statutes, is amended to read:

20         216.262  Authorized positions.--

21         (4)  Notwithstanding the provisions of this chapter on

22  increasing the number of authorized positions, and for the

23  2002-2003 2001-2002 fiscal year only,:

24         (a)  if the actual inmate population of the Department

25  of Corrections exceeds by 2 percent for 2 consecutive months

26  or more the inmate population projected by the most recent

27  Criminal Justice Estimating Conference on February 16, 2001,

28  the Executive Office of the Governor may request positions in

29  excess of the number authorized by the Legislature and

30  sufficient funding from the Working Capital Fund to operate

31  the additional prison bed capacity necessary to accommodate

                                  30

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  the actual inmate population. This subsection expires July 1,

 2  2003.

 3         (b)  If, by October 1, 2001, a contract with a private

 4  vendor or vendors for the delivery of health care services at

 5  institutions located in Department of Corrections Region IV

 6  has not been executed, up to 97 positions in excess of the

 7  number authorized and appropriate salary rate may be approved,

 8  provided that sufficient funds are available to pay salaries

 9  and benefits. If a contract for the provision of health care

10  services in the Department of Corrections Region IV is

11  subsequently executed, the Executive Office of the Governor

12  shall place these positions and associated salary rate into

13  reserve.

14         (c)  In order to implement a Close Management

15  Consolidation Plan in the Department of Corrections, positions

16  in excess of the number authorized and appropriate salary rate

17  may be approved provided that the Secretary of Corrections

18  certifies that there are no vacant positions that may be used

19  for this purpose.

20  

21  Such requests are subject to the budget amendment and

22  consultation provisions of this chapter. This subsection

23  expires July 1, 2002.

24         Section 28.  In order to implement proviso language

25  following Specific Appropriation 1178 of the 2002-2003 General

26  Appropriations Act, the Correctional Privatization Commission

27  may expend appropriated funds to assist in defraying the costs

28  of impacts which are incurred by a municipality or county and

29  associated with opening or operating a facility under the

30  authority of the Correctional Privatization Commission or a

31  facility under the authority of the Department of Juvenile

                                  31

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  Justice which is located within that municipality or county.

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

 3  facility may not exceed 1 percent of the facility construction

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

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

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

 7         Section 29.  In order to implement Specific

 8  Appropriation 1291 of the 2002-2003 General Appropriations

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

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

11  Laws of Florida, is amended to read:

12         16.555  Crime Stoppers Trust Fund; rulemaking.--

13         (3)

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

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

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

17  salaries and benefits and other expenses of the department.

18  This paragraph expires July 1, 2003 2002.

19         Section 30.  In order to implement Specific

20  Appropriations 1291 and 1322 of the 2002-2003 General

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

22  860.158, Florida Statutes, as created by section 9 of chapter

23  2001-380, Laws of Florida, is amended to read:

24         860.158  Florida Motor Vehicle Theft Prevention Trust

25  Fund.--

26         (2)

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

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

29  the Florida Motor Vehicle Theft Prevention Trust Fund may also

30  be as provided in the General Appropriations Act Senate Bill

31  2-C.  This paragraph expires July 1, 2003 2002.

                                  32

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 31.  In order to implement Specific

 2  Appropriations 889-1070, 3165, and 3201-3222 of the 2002-2003

 3  General Appropriations Act, section 25.402, Florida Statutes,

 4  is amended to read:

 5         25.402  County Article V Trust Fund.--

 6         (1)(a)  The trust fund moneys in the County Article V

 7  Trust Fund, administered by the Supreme Court, may be used to

 8  compensate counties for the costs they incur under Article V

 9  of the State Constitution in operating the state courts

10  system, including the costs they incur in providing and

11  maintaining court facilities.

12         (b)  The Supreme Court shall adopt an allocation and

13  disbursement plan for the operation of the trust fund and the

14  expenditure of moneys deposited in the trust fund. The Supreme

15  Court shall include the plan in its legislative budget

16  request. A committee of 15 people shall develop and recommend

17  the allocation and disbursement plan to the Supreme Court. The

18  committee shall be composed of:

19         1.  Six persons appointed by the Florida Association of

20  Counties, as follows:

21         a.  Two persons residing in counties with populations

22  fewer than 90,000.

23         b.  Two persons residing in counties with populations

24  greater than 89,999, but fewer than 700,000.

25         c.  Two persons residing in counties with populations

26  greater than 699,999.

27         2.  Six persons appointed by the Chief Justice of the

28  Supreme Court, as follows:

29         a.  Two persons residing in counties with populations

30  fewer than 90,000.

31  

                                  33

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         b.  Two persons residing in counties with populations

 2  greater than 89,999, but fewer than 700,000.

 3         c.  Two persons residing in counties with populations

 4  greater than 699,999.

 5         3.  Three persons appointed by the Florida Association

 6  of Court Clerks and Comptrollers, as follows:

 7         a.  One person residing in a county with a population

 8  fewer than 90,000.

 9         b.  One person residing in a county with a population

10  greater than 89,999, but fewer than 700,000.

11         c.  One person residing in a county with a population

12  greater than 699,999.

13  

14  The allocation and disbursement plan shall include provisions

15  to compensate counties with fewer than 90,000 residents for

16  court facility needs.

17         (c)  Amendments to the approved operating budget for

18  expenditures from the County Article V Trust Fund must be

19  approved in accordance with the provisions of s. 216.181. The

20  total amount disbursed from the County Article V Trust Fund

21  may not exceed the amount authorized by the General

22  Appropriations Act.

23         (d)  Effective July 1, 2001, moneys generated from

24  civil penalties distributed under s. 318.21(2) and s.

25  318.21(2)(h) shall be deposited in the trust fund may be used

26  for the following purposes:

27         1.  Funds paid to counties with populations fewer than

28  90,000 shall be grants-in-aid to be used, in priority order,

29  for: operating expenditures of the offices of the state

30  attorneys and public defenders as appropriated by the

31  Legislature in accordance with Specific Appropriation 2978B;

                                  34

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  consulting or architectural studies related to the improvement

 2  of courthouse facilities; improving court facilities to ensure

 3  compliance with the Americans with Disabilities Act and other

 4  federal or state requirements; other renovations in court

 5  facilities; improvements in court security; and expert witness

 6  fees in criminal cases, court reporting and transcribing costs

 7  in criminal cases, and costs associated with the appointment

 8  of special public defenders.

 9         2.  Funds paid to counties with populations exceeding

10  89,999 shall be grants-in-aid to be used, in priority order,

11  for operating expenditures of the offices of the state

12  attorneys and public defenders as appropriated by the

13  Legislature in accordance with Specific Appropriation 2978B,

14  costs paid by the county for expert witness fees in criminal

15  cases, court reporting and transcribing costs in criminal

16  cases, and costs associated with the appointment of special

17  public defenders.

18         3.  Funds may be appropriated for the operation of the

19  trial courts.

20         (2)  This section expires June 30, 2003 2002.

21         Section 32.  In order to implement Specific

22  Appropriation 1480A of the 2002-2003 General Appropriations

23  Act, subsections (2) and (6) of section 581.1845, Florida

24  Statutes, as amended by section 11 of chapter 2001-380, Laws

25  of Florida, are amended to read:

26         581.1845  Citrus canker eradication; compensation to

27  homeowners whose trees have been removed.--

28         (2)  To be eligible to receive compensation under the

29  program, a homeowner must:

30         (a)  Be the homeowner of record on July 1, 2001, the

31  effective date of this act for residential property where one

                                  35

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  or more citrus trees have been removed as part of a citrus

 2  canker eradication program, except that, for the 2002-2003

 3  fiscal year only, a homeowner must be the homeowner of record

 4  on the date the trees were removed in order to be eligible to

 5  receive compensation;

 6         (b)  Have had one or more citrus trees removed from the

 7  property by a tree-cutting contractor as part of a citrus

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

 9         (c)  Have received no commercial compensation and is

10  not eligible to receive commercial compensation from the

11  United States Department of Agriculture for citrus trees

12  removed as part of a citrus canker eradication program.

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

14  notwithstanding the $100-compensation amount specified in

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

16  2001-254, Laws of Florida; and in proviso following Specific

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

18  amount of compensation for each tree removed from residential

19  property by the citrus canker eradication program shall be

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

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

22  notwithstanding the $100-compensation amount specified in

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

24  removed from residential property by the citrus canker

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

26  1, 2003.

27         Section 33.  In order to implement Specific

28  Appropriations 1517 and 1523 of the 2002-2003 General

29  Appropriations Act, subsection (1) of section 252.373, Florida

30  Statutes, is amended to read:

31         252.373  Allocation of funds; rules.--

                                  36

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         (1)(a)  Funds appropriated from the Emergency

 2  Management, Preparedness, and Assistance Trust Fund shall be

 3  allocated by the Department of Community Affairs as follows:

 4         1.  Sixty percent to implement and administer state and

 5  local emergency management programs, including training, of

 6  which 20 percent shall be used by the division and 80 percent

 7  shall be allocated to local emergency management agencies and

 8  programs.  Of this 80 percent, at least 80 percent shall be

 9  allocated to counties.

10         2.  Twenty percent to provide for state relief

11  assistance for nonfederally declared disasters, including but

12  not limited to grants and below-interest-rate loans to

13  businesses for uninsured losses resulting from a disaster.

14         3.  Twenty percent for grants and loans to state or

15  regional agencies, local governments, and private

16  organizations to implement projects that will further state

17  and local emergency management objectives.  These projects

18  must include, but need not be limited to, projects that will

19  promote public education on disaster preparedness and recovery

20  issues, enhance coordination of relief efforts of statewide

21  private sector organizations, and improve the training and

22  operations capabilities of agencies assigned lead or support

23  responsibilities in the state comprehensive emergency

24  management plan, including the State Fire Marshal's Office for

25  coordinating the Florida fire services. The division shall

26  establish criteria and procedures for competitive allocation

27  of these funds by rule.  No more than 5 percent of any award

28  made pursuant to this subparagraph may be used for

29  administrative expenses. This competitive criteria must give

30  priority consideration to hurricane evacuation shelter

31  retrofit projects.

                                  37

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  and for the 2002-2003 2001-2002 fiscal year only, the use up

 3  to $2.2 million of the unencumbered balance of the Emergency

 4  Management, Preparedness, and Assistance Trust Fund shall be

 5  as provided in the General Appropriations Act utilized to

 6  improve, and increase the number of, disaster shelters within

 7  the state and improve local disaster preparedness. This

 8  paragraph expires on July 1, 2003 2002.

 9         Section 34.  In order to implement Specific

10  Appropriation 1498 of the 2002-2003 General Appropriations

11  Act, subsection (8) of section 163.3184, Florida Statutes, is

12  amended to read:

13         163.3184  Process for adoption of comprehensive plan or

14  plan amendment.--

15         (8)  NOTICE OF INTENT.--

16         (a)  Except as provided in s. 163.3187(3), the state

17  land planning agency, upon receipt of a local government's

18  adopted comprehensive plan or plan amendment, shall have 45

19  days for review and to determine if the plan or plan amendment

20  is in compliance with this act, unless the amendment is the

21  result of a compliance agreement entered into under subsection

22  (16), in which case the time period for review and

23  determination shall be 30 days.  If review was not conducted

24  under subsection (6), the agency's determination must be based

25  upon the plan amendment as adopted.  If review was conducted

26  under subsection (6), the agency's determination of compliance

27  must be based only upon one or both of the following:

28         1.  The state land planning agency's written comments

29  to the local government pursuant to subsection (6); or

30         2.  Any changes made by the local government to the

31  comprehensive plan or plan amendment as adopted.

                                  38

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  subsection, the state land planning agency shall issue,

 3  through a senior administrator or the secretary, as specified

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

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

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

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

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

 9  The required advertisement shall be no less than 2 columns

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

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

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

13  legal notices and classified advertisements appear.  The

14  advertisement shall be published in a newspaper which meets

15  the size and circulation requirements set forth in paragraph

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

17  affected local government at the time of transmittal of the

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

19  notice of intent in the newspaper designated by the local

20  government shall be prima facie evidence of compliance with

21  the publication requirements of this section.

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

23  provisions of this subparagraph shall supersede the provisions

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

25  subsection, the state land planning agency shall issue,

26  through a senior administrator or the secretary, as specified

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

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

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

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

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

                                  39

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  advertisement shall be published in a newspaper that meets the

 3  size and circulation requirements set forth in paragraph

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

 5  affected local government at the time of transmittal of the

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

 7  notice of intent in the newspaper designated by the local

 8  government shall be prima facie evidence of compliance with

 9  the publication requirements of this section. The state land

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

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

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

13  send by regular mail a courtesy informational statement to

14  persons who provide their names and addresses to the local

15  government at the transmittal hearing or at the adoption

16  hearing where the local government has provided the names and

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

18  transmittal of the adopted amendment. The informational

19  statements shall include the name of the newspaper in which

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

21  publication, the ordinance number of the plan or plan

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

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

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

25         Section 35.  In order to implement Specific

26  Appropriation 1760A of the 2002-2003 General Appropriations

27  Act, subsection (6) is added to section 375.041, Florida

28  Statutes, to read:

29         375.041  Land Acquisition Trust Fund.--

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

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

                                  40

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  provided in the General Appropriations Act. This subsection

 2  expires July 1, 2003.

 3         Section 36.  If Council Substitute for House Bill 851,

 4  Enrolled, 2002 Regular Session does not become a law, in order

 5  to implement Specific Appropriations 1760A and 1768A of the

 6  2002-2003 General Appropriations Act, subsection (7) is added

 7  to section 403.709, Florida Statutes, to read:

 8         403.709  Solid Waste Management Trust Fund; use of

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

10         (7)  For the 2002-2003 fiscal year only, the use of

11  funds allocated to the Solid Waste Management Trust Fund shall

12  be as provided in the General Appropriations Act. This

13  subsection expires July 1, 2003.

14         Section 37.  If Council Substitute for House Bill 851,

15  Enrolled, 2002 Regular Session, does not become a law, in

16  order to implement Specific Appropriation 1819 of the

17  2002-2003 General Appropriations Act, subsection (8) of

18  section 403.7095, Florida Statutes, is amended to read:

19         403.7095  Solid waste management grant program.--

20         (8)  Notwithstanding the provisions of this section,

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

22  provide solid waste management and recycling grants only to

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

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

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

26  2002.

27         Section 38.  If Council Substitute for House Bill 851,

28  Enrolled, 2002 Regular Session, becomes a law, in order to

29  implement Specific Appropriation 1819 of the 2002-2003 General

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

31  

                                  41

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  403.7095, Florida Statutes, as amended by section 8 of that

 2  bill, to read:

 3         403.7095  Solid waste management grant program.--

 4         (7)  Notwithstanding the provisions of this section,

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

 6  solid waste management and recycling grants only to counties

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

 8  80 percent of the level of funding they received in fiscal

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

10         Section 39.  In order to implement Specific

11  Appropriation 2075 of the 2002-2003 General Appropriations

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

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

14  amended to read:

15         339.12  Aid and contributions by governmental entities

16  for department projects; federal aid.--

17         (10)  Effective July 1, 2003, any county with a

18  population greater than 50,000 that levies the full 6 cents of

19  local option fuel tax pursuant to ss. 206.41(1)(e) and

20  206.87(1)(c), or that dedicates 35 percent or more of its

21  discretionary sales surtax, pursuant to s. 212.055, for

22  improvements to the state transportation system or to local

23  projects directly upgrading the state transportation system

24  within the county's boundaries shall receive preference for

25  receipt of any transportation grant for which the county

26  applies. This subsection shall not apply to loans or

27  nonhighway grant programs.

28         Section 40.  In order to implement Specific

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

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

31  

                                  42

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  338.2216, Florida Statutes, as created by chapter 2002-20,

 2  Laws of Florida, to read:

 3         338.2216  Florida Turnpike Enterprise; powers and

 4  authority.--

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

 6  collector or laborer retained in a position temporarily

 7  continued under the authority provided by proviso following

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

 9  General Appropriations Act shall remain in the Career Service

10  System. This subsection expires July 1, 2003.

11         Section 41.  In order to implement proviso language in

12  Specific Appropriation 2235 of the 2002-2003 General

13  Appropriations Act, section 402.3017, Florida Statutes, is

14  amended to read:

15         402.3017  Teacher Education and Compensation Helps

16  (TEACH) scholarship program.--

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

18  child care teacher education and training is a key predictor

19  for determining program quality. The Legislature also finds

20  that low wages for child care workers prevent many from

21  obtaining increased training and education and contribute to

22  high turnover rates.  The Legislature therefore intends to

23  help fund a program which links teacher training and education

24  to compensation and commitment to the field of early childhood

25  education.

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

27  authorized to contract for the administration of the Teacher

28  Education and Compensation Helps (TEACH) scholarship program,

29  which provides educational scholarships to caregivers and

30  administrators of early childhood programs, family day care

31  homes, and large family child care homes.

                                  43

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  implement this section.

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

 4  Workforce Innovation shall administer this section. This

 5  subsection expires July 1, 2003.

 6         Section 42.  In order to implement Specific

 7  Appropriation 2352 of the 2002-2003 General Appropriations

 8  Act, subsection (2) of section 489.118, Florida Statutes, is

 9  amended to read:

10         489.118  Certification of registered contractors;

11  grandfathering provisions.--The board shall, upon receipt of a

12  completed application and appropriate fee, issue a certificate

13  in the appropriate category to any contractor registered under

14  this part who makes application to the board and can show that

15  he or she meets each of the following requirements:

16         (2)(a)  Has, for that category, passed a written

17  examination that the board finds to be substantially similar

18  to the examination required to be licensed as a certified

19  contractor under this part. For purposes of this subsection, a

20  written, proctored examination such as that produced by the

21  National Assessment Institute, Block and Associates,

22  NAI/Block, Experior Assessments, Professional Testing, Inc.,

23  or Assessment Systems, Inc., shall be considered to be

24  substantially similar to the examination required to be

25  licensed as a certified contractor.  The board may not impose

26  or make any requirements regarding the nature or content of

27  these cited examinations.

28         (b)  Has, for the 2002-2003 fiscal year only and in

29  lieu of passing the written examination required by paragraph

30  (a), successfully passed an oral examination that the board

31  finds to be substantially similar to the examination required

                                  44

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  to be licensed as a certified contractor under this part. This

 2  paragraph applies only to applicants who are disabled. This

 3  paragraph expires July 1, 2003.

 4  

 5  Applicants wishing to obtain a certificate pursuant to this

 6  section must make application by November 1, 2004.

 7         Section 43.  In order to implement Specific

 8  Appropriations 2396-2416 of the 2002-2003 General

 9  Appropriations Act, the Department of Business and

10  Professional Regulation is authorized to transfer no more than

11  34 positions and the resources identified in the reengineering

12  issue from Compliance and Enforcement, no more than 12

13  positions and the resources identified in the reengineering

14  issues from Standards and Licensure, and no more than 20

15  positions and the resources identified in the reengineering

16  issue from tax collection to begin implementation of the

17  on-line licensing and reengineering project. To ensure current

18  service delivery levels pertaining to regulation, licensing,

19  compliance, enforcement, and tax collection, the department is

20  authorized to retain positions in the current programs as

21  necessary to facilitate migration to the new business process.

22  The transfer must be completed prior to June 30, 2003. The

23  Executive Office of the Governor is authorized to establish

24  positions in excess in the current programs to meet these

25  requirements, subject to the provisions of section 216.177,

26  Florida Statutes.

27         Section 44.  In order to implement Specific

28  Appropriations 2418-2433 of the 2002-2003 General

29  Appropriations Act:

30         (1)  Any other provision of law to the contrary

31  notwithstanding, the Division of Florida Land Sales,

                                  45

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  Condominiums, and Mobile Homes shall be organized with at

 2  least three bureaus to be known as the Bureau of Condominiums,

 3  the Bureau of Mobile Homes, and the Bureau of Time-shares.

 4         (2)  No more than 10 percent of the moneys deposited in

 5  the trust fund of the Division of Florida Land Sales,

 6  Condominiums, and Mobile Homes shall be transferred to the

 7  office of the Secretary of Business and Professional

 8  Regulation or to other parts of the Department of Business and

 9  Professional Regulation during any fiscal year without the

10  prior specific authorization by the Legislature in the General

11  Appropriations Act.

12  

13  This section expires July 1, 2003.

14         Section 45.  In order to implement Specific

15  Appropriations 2396-2416 of the 2002-2003 General

16  Appropriations Act:

17         (1)  Any other provision of law to the contrary

18  notwithstanding, the Division of Alcoholic Beverages and

19  Tobacco shall be organized with at least three bureaus to be

20  known as the Bureau of Licensing, the Bureau of Auditing, and

21  the Bureau of Law Enforcement.

22         (2)  No more than 10 percent of the moneys deposited in

23  the trust fund of the Division of Alcoholic Beverages and

24  Tobacco shall be transferred to the office of the Secretary of

25  Business and Professional Regulation or to other parts of the

26  Department of Business and Professional Regulation during any

27  fiscal year without the prior specific authorization by the

28  Legislature in the General Appropriations Act.

29  

30  This section expires July 1, 2003.

31  

                                  46

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 46.  In order to implement Specific

 2  Appropriations 2776-2782 of the 2002-2003 General

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

 4  Statutes, is amended to read:

 5         287.161  Executive aircraft pool; assignment of

 6  aircraft; charge for transportation.--

 7         (4)  Notwithstanding the requirements of subsections

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

 9  the Department of Management Services shall charge all persons

10  receiving transportation from the executive aircraft pool a

11  rate not less than the mileage allowance fixed by the

12  Legislature for the use of privately owned vehicles. Fees

13  collected for persons traveling by aircraft in the executive

14  aircraft pool shall be deposited into the Bureau of Aircraft

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

16  the aircraft management activities of the department. It is

17  the intent of the Legislature that the executive aircraft pool

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

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

20         Section 47.  In order to implement section 8 of the

21  2002-2003 General Appropriations Act, section 110.1239,

22  Florida Statutes, is amended to read:

23         110.1239  State group health insurance program

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

25  the intent of the Legislature that the state group health

26  insurance program be managed, administered, operated, and

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

28  employee health insurance benefits. Inherent in this intent is

29  the recognition that the health insurance liabilities

30  attributable to the benefits offered state employees should be

31  fairly, orderly, and equitably funded. Accordingly:

                                  47

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




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

 2  necessary to fully fund the state group health insurance

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

 4  made after each self-insurance revenue estimating conference

 5  on health insurance as provided in s. 216.136(11) s.

 6  216.136(1), but not later than December 1 and April 1 of each

 7  fiscal year.

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

 9  budget, shall provide premium rates necessary for full funding

10  of the state group health insurance program, and the

11  Legislature shall provide in the General Appropriations Act

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

13  group health insurance program.

14         (3)  For purposes of funding, any additional

15  appropriation amounts allocated to the state group health

16  insurance program by the Legislature shall be considered as a

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

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

19         Section 48.  In order to implement section 8 of the

20  2002-2003 General Appropriations Act, subsection (7) of

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

22         110.12315  Prescription drug program.--The state

23  employees' prescription drug program is established.  This

24  program shall be administered by the Department of Management

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

26  established by the relevant provisions of the annual General

27  Appropriations Act and implementing legislation, subject to

28  the following conditions:

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

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

31  copayments must be made as follows:

                                  48

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         (a)  Effective January 1, 2001:

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

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

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

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

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

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

 8         (b)  The Department of Management Services shall create

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

10  administration of the state employees' prescription drug

11  program.

12  

13  This subsection expires July 1, 2003 2002.

14         Section 49.  In order to implement Specific

15  Appropriations 2195-2202 of the 2002-2003 General

16  Appropriations Act, subsection (7) of section 443.036, Florida

17  Statutes, is amended to read:

18         443.036  Definitions.--As used in this chapter, unless

19  the context clearly requires otherwise:

20         (7)  BASE PERIOD.--

21         (a)  "Base period" means the first four of the last

22  five completed calendar quarters immediately preceding the

23  first day of an individual's benefit year.

24         (b)  For the 2002-2003 fiscal year only, with respect

25  to a benefit year commencing on or after October 1, 2002, if

26  an individual is not monetarily eligible in his or her base

27  period to qualify for benefits, the Agency for Workforce

28  Innovation must designate his or her base period to be the

29  alternative base period. As used in this paragraph, the term

30  "alternative base period" means the last four completed

31  calendar quarters immediately preceding the first day of an

                                  49

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  individual's benefit year. Wages used in a base period to

 2  establish a monetarily eligible benefit year may not be

 3  applied to establish monetary eligibility in any succeeding

 4  benefit year. If information regarding wages for the calendar

 5  quarter or quarters immediately preceding the benefit year has

 6  not been input into the agency's mainframe database from the

 7  regular quarterly reports of wage information or is otherwise

 8  unavailable, the Agency for Workforce Innovation shall request

 9  such information from the employer. An employer must provide

10  the requested wage information within 10 days after receiving

11  a request from the Agency for Workforce Innovation. An

12  employer who fails to provide the requested wage information

13  within the required time is subject to the penalty for

14  delinquent reports in s. 443.141(1)(b). This paragraph expires

15  July 1, 2003.

16         (c)  For the 2002-2003 fiscal year only, for monetary

17  determinations based upon the alternative base period under

18  paragraph (b), if the Agency for Workforce Innovation is

19  unable to access the wage information through its mainframe

20  database, the agency may base the determination of eligibility

21  for benefits on an affidavit submitted by the individual with

22  respect to wages for those calendar quarters. The individual

23  must furnish payroll information, if available, in support of

24  the affidavit. A determination of benefits based upon an

25  alternative base period shall be adjusted when the quarterly

26  report of wage information from the employer is received, if

27  that information causes a change in the determination. This

28  paragraph expires July 1, 2003.

29         Section 50.  A section of this act that implements a

30  specific appropriation or specifically identified proviso

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

                                  50

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1  if the specific appropriation or specifically identified

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

 3  implements more than one specific appropriation or more than

 4  one portion of specifically identified proviso language in the

 5  2002-2003 General Appropriations Act is void if all the

 6  specific appropriations or portions of specifically identified

 7  proviso language are vetoed.

 8         Section 51.  The agency performance measures and

 9  standards in the document entitled "Agency Performance

10  Measures and Standards for Fiscal Year 2002-2003" dated April

11  30, 2002, and filed with the Secretary of the Senate are

12  incorporated by reference. Such performance measures and

13  standards are directly linked to the appropriations made in

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

15  required by the Government Performance and Accountability Act

16  of 1994. State agencies are directed to revise their

17  Long-Range Program Plans required under section 216.013,

18  Florida Statutes, to be consistent with these performance

19  measures and standards.

20         Section 52.  It is the policy of the state that funds

21  provided in the 2002-2003 General Appropriations Act may not

22  be expended for contracts in excess of $5,000 for the radio or

23  broadcast television noncommercial sustained announcements or

24  for public-service announcements unless specifically approved

25  by the Legislative Budget Commission.

26         Section 53.  If any law that is amended by this act was

27  also amended by a law enacted at the 2002 Regular Session of

28  the Legislature, such laws shall be construed as if they had

29  been enacted at the same session of the Legislature, and full

30  effect should be given to each if that is possible.

31  

                                  51

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






    Florida Senate - 2002                                   SB 4-E
    309-2375C-02




 1         Section 54.  Except as otherwise specifically provided

 2  in this act, this act shall take effect July 1, 2002; and if

 3  this act fails to become a law until after that date, it shall

 4  take effect upon becoming a law and shall operate

 5  retroactively to July 1, 2002.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Implements the 2002-2003 General Appropriations Act.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  52

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