HB 1791, Engrossed 1 2003
1	A bill to be entitled
2	An act implementing the 2003-2004 General Appropriations
3	Act; providing legislative intent; providing accounting
4	requirements for the state universities for the 2003-2004
5	fiscal year; amending ss. 430.204 and 430.205, F.S.;
6	requiring the Department of Elderly Affairs to fund
7	certain community care services and core services for the
8	elderly; amending s. 216.292, F.S.; authorizing the
9	Department of Children and Family Services to transfer
10	funds within the family safety program; amending s.
11	561.121, F.S.; providing that moneys in the Children and
12	Adolescents Substance Abuse Trust Fund may also be used
13	for the purpose of funding programs directed at reducing
14	and eliminating substance abuse problems among adults;
15	amending s. 409.1671, F.S.; requiring that funds for
16	privatized foster care and related services be allocated
17	in accordance with a methodology adopted by the Department
18	of Children and Family Services by rule and granting
19	rulemaking authority for such purpose; providing for lump
20	sum funding in the Department of Children and Family
21	Services to provide for continuity of foster care under
22	certain circumstances; amending s. 394.908, F.S.;
23	providing for substance abuse and mental health funding
24	equity as provided in the General Appropriations Act;
25	authorizing the Department of Children and Family Services
26	to procure contractual services to outsource the operation
27	of the Northeast Florida State Hospital; amending s.
28	381.0066, F.S.; continuing the additional fee on new
29	construction permits for onsite sewage treatment and
30	disposal systems the proceeds of which are used for system
31	research, demonstration, and training projects; amending
32	s. 385.207, F.S.; authorizing appropriation of funds in
33	the Epilepsy Services Trust Fund for epilepsy case
34	management services; authorizing the Department of Law
35	Enforcement to use certain moneys to provide bonuses to
36	employees for meritorious performance, subject to review;
37	amending s. 216.181, F.S.; authorizing the Department of
38	Law Enforcement to transfer positions and associated
39	budget and a certain percentage of salary rate between
40	budget entities and providing requirements with respect
41	thereto; authorizing the Correctional Privatization
42	Commission to make certain expenditures to defray costs
43	incurred by a municipality or county as a result of
44	opening or operating a facility under authority of the
45	commission or the Department of Juvenile Justice; amending
46	s. 16.555, F.S.; authorizing use of the Crime Stoppers
47	Trust Fund to pay for salaries and benefits and other
48	expenses of the Department of Legal Affairs; amending s.
49	860.158, F.S.; providing directives for the use of moneys
50	in the Florida Motor Vehicle Theft Prevention Trust Fund;
51	amending s. 932.7055, F.S.; allowing municipal special law
52	enforcement trust funds to be used to reimburse certain
53	loans from municipalities; amending s. 581.184, F.S.;
54	requiring notice to the property owner of the removal of
55	infected citrus trees or citrus trees exposed to
56	infection; amending s. 581.1845, F.S.; revising
57	eligibility for compensation of homeowners under the
58	citrus canker eradication program; prescribing the amount
59	of compensation for trees taken in the citrus canker
60	eradication program; amending s. 215.981, F.S.; exempting
61	certain citizen support organizations for the Department
62	of Environmental Protection from the requirement to have
63	an independent audit; amending s. 61.1826, F.S.; revising
64	provisions relating to the special master to resolve
65	disputes involving cooperative agreement and contract
66	terms for certain state and federal child support
67	provisions; amending s. 287.161, F.S.; requiring the
68	Department of Management Services to charge all persons
69	receiving transportation from the executive aircraft pool
70	a specified rate; amending s. 110.116, F.S.; authorizing
71	the Department of Management Services to contract with a
72	vendor to provide a personnel information system; amending
73	s. 110.152, F.S.; authorizing the Department of Management
74	Services to make lump-sum payments for adoption benefits
75	for state employees; amending s. 110.2035, F.S.; revising
76	provisions governing the classification and compensation
77	program for state employees; requiring the Department of
78	Management Services to adopt rules, including emergency
79	rules, necessary to implement such program; amending s.
80	110.12315, F.S.; providing copayment requirements for the
81	state employees' prescription drug program; amending s.
82	110.1239, F.S.; providing requirements for the funding of
83	the state group health insurance program; amending s.
84	112.061, F.S.; providing for computation of travel time
85	and reimbursement for public officers' and employees'
86	travel; amending s. 121.091, F.S.; authorizing certain
87	school administrative personnel to participate in the
88	DROP; amending s. 252.373, F.S.; providing for use of
89	funds of the Emergency Management, Preparedness, and
90	Assistance Trust Fund, including use of certain funds as
91	state match for current federally approved disaster
92	projects; amending s. 215.559, F.S.; providing that use of
93	the Florida Hurricane Catastrophe Fund shall be as
94	provided in the General Appropriations Act; amending s.
95	253.025, F.S.; providing that the use of funds allocated
96	to the Relocation and Construction Trust Fund shall be as
97	provided in the General Appropriations Act; amending s.
98	373.4145, F.S.; extending the period for the interim
99	permitting program for the management and storage of
100	surface waters within the geographical jurisdiction of the
101	Northwest Florida Water Management District; amending s.
102	290.044, F.S.; eliminating required distribution
103	percentages for program categories from the Florida Small
104	Cities Community Development Block Grant Program Fund and
105	authorizing the set-aside of a certain amount of such
106	funds for certain emergency-related activities; amending
107	s. 15.09, F.S.; deleting provisions relating to creation
108	and use of the Public Access Data Systems Trust Fund;
109	amending s. 265.2861, F.S.; removing funding of specified
110	programs through the Cultural Institutions Trust Fund;
111	amending s. 267.0617, F.S.; deleting a funding source for
112	the Historic Preservation Grant Program; amending s.
113	607.1901, F.S.; eliminating transfers of specified funds
114	from the Corporations Trust Fund; amending s. 607.19011,
115	F.S.; providing for use of the Corporations Trust Fund as
116	directed by the Legislature; amending s. 402.3017, F.S.;
117	providing for administration of the Teacher Education and
118	Compensation Helps (TEACH) scholarship program by the
119	Agency for Workforce Innovation; amending s. 411.01, F.S.;
120	providing priority for placement of children in the school
121	readiness program; amending s. 1013.62, F.S.; providing
122	that funds for charter school capital outlay funding shall
123	be distributed by the Department of Education as provided
124	in the General Appropriations Act; amending s. 1009.66,
125	F.S.; deleting certain provisions relating to investment
126	and use of interest income of the Nursing Student Loan
127	Forgiveness Trust Fund; amending s. 385.207, F.S.;
128	deleting certain provisions relating to investment and use
129	of interest income of the Epilepsy Services Trust Fund;
130	amending s. 570.544, F.S.; reducing consumer complaint
131	processing responsibilities of the Division of Consumer
132	Services of the Department of Agriculture and Consumer
133	Services; amending ss. 526.3135 and 559.921, F.S., to
134	conform; providing for transfer pursuant to law or a type
135	two transfer of all powers, duties, functions, records,
136	personnel, property, and unexpended balances of
137	appropriations, allocations, and other funds of the Office
138	of Program Policy Analysis and Government Accountability
139	to the Office of the Auditor General; providing for a type
140	two transfer of all powers, duties, functions, records,
141	personnel, property, and unexpended balances of
142	appropriations, allocations, and other funds of the
143	Council for Education Policy Research and Improvement to
144	the Office of the Auditor General; providing for future
145	repeal or expiration of various provisions; providing for
146	reversion of certain provisions; providing effect of veto
147	of specific appropriation or proviso to which implementing
148	language refers; providing applicability to other
149	legislation; incorporating by reference specified
150	performance measures and standards directly linked to the
151	appropriations made in the 2003-2004 General
152	Appropriations Act, as required by the Government
153	Performance and Accountability Act of 1994; providing
154	severability; providing an effective date.
155
156	Be It Enacted by the Legislature of the State of Florida:
157
158	Section 1. It is the intent of the Legislature that the
159	implementing and administering provisions of this act apply to
160	the General Appropriations Act for fiscal year 2003-2004.
161	Section 2. In order to implement Specific Appropriations
162	7-11, 123-128, and 130 of the 2003-2004 General Appropriations
163	Act:
164	(1) Effective July 1, 2003, each university that has not
165	made the transition from the state accounting system (FLAIR)
166	shall utilize the state accounting system for fiscal year 2003-
167	2004 but is not required to provide funds to the Department of
168	Financial Services for its utilization.
169	(2) Notwithstanding the provisions of ss. 216.181,
170	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
171	216.351, Florida Statutes, funds appropriated or reappropriated
172	to the state universities in the 2003-2004 General
173	Appropriations Act, or any other act passed by the 2003
174	Legislature containing appropriations, shall be distributed to
175	each university according to the 2003-2004 fiscal year operating
176	budget approved by the university board of trustees. Each
177	university board of trustees shall have authority to amend the
178	operating budget as circumstances warrant. The operating budget
179	may utilize traditional appropriation categories or it may
180	consolidate the appropriations into a special category
181	appropriation account. The Chief Financial Officer, upon the
182	request of the university board of trustees, shall record by
183	journal transfer the distribution of the appropriated funds and
184	releases according to the approved operating budget to the
185	appropriation accounts established for disbursement purposes for
186	each university within the state accounting system (FLAIR).
187	(3) Notwithstanding the provisions of ss. 216.181,
188	216.292, 1004.22, and 1011.4105, Florida Statutes, and pursuant
189	to s. 216.351, Florida Statutes, each university board of
190	trustees shall include in an approved operating budget the
191	revenue in trust funds supported by student and other fees as
192	well as the trust funds within the Contract, Grants, and
193	Donations, Auxiliary Enterprises, and Sponsored Research budget
194	entities. The university board of trustees shall have the
195	authority to amend the operating budget as circumstances
196	warrant. The operating budget may utilize traditional
197	appropriation categories or it may consolidate the trust fund
198	spending authority into a special category appropriation
199	account. The Chief Financial Officer, upon the request of the
200	university board of trustees, shall record the distribution of
201	the trust fund spending authority and releases according to the
202	approved operating budget to the appropriation accounts
203	established for disbursement purposes for each university within
204	the state accounting system (FLAIR).
205	(4) This section expires July 1, 2004.
206	Section 3. In order to implement Specific Appropriations
207	426-441 of the 2003-2004 General Appropriations Act, paragraph
208	(b) of subsection (1) of section 430.204, Florida Statutes, is
209	amended to read:
210	430.204 Community-care-for-the-elderly core services;
211	departmental powers and duties.--
212	(1)
213	(b) For fiscal year 2003-20042002-2003only, the
214	department shall fund, through each area agency on aging in each
215	county as defined in s. 125.011(1), more than one community care
216	service system the primary purpose of which is the prevention of
217	unnecessary institutionalization of functionally impaired
218	elderly persons through the provision of community-based core
219	services. This paragraph expires July 1, 20042003.
220	Section 4. In order to implement Specific Appropriations
221	426-441 of the 2003-2004 General Appropriations Act, paragraph
222	(b) of subsection (1) of section 430.205, Florida Statutes, is
223	amended to read:
224	430.205 Community care service system.--
225	(1)
226	(b) For fiscal year 2003-20042002-2003only, the
227	department shall fund, through the area agency on aging in each
228	county as defined in s. 125.011(1), more than one community care
229	service system that provides case management and other in-home
230	and community services as needed to help elderly persons
231	maintain independence and prevent or delay more costly
232	institutional care. This paragraph expires July 1, 20042003.
233	Section 5. In order to implement Specific Appropriations
234	274-276 of the 2003-2004 General Appropriations Act, subsection
235	(12) of section 216.292, Florida Statutes, is amended to read:
236	216.292 Appropriations nontransferable; exceptions.--
237	(12) For the 2003-20042002-2003 fiscal year only,and
238	notwithstanding the other provisions of this section, the
239	Department of Children and Family Services may transfer funds
240	within the family safety program identified in the General
241	Appropriations Act from identical funding sources between the
242	following appropriation categories without limitation as long as
243	such a transfer does not result in an increase to the total
244	recurring general revenue or trust fund cost of the agency in
245	the subsequent fiscal year: adoption services and subsidy;
246	family foster care; and emergency shelter care. Such transfers
247	must be consistent with legislative policy and intent and must
248	not adversely affect achievement of approved performance
249	outcomes or outputs in the family safety program. Notice of
250	proposed transfers under this authority must be provided to the
251	Executive Office of the Governor and the chairs of the
252	legislative appropriations committees at least 5 working days
253	before their implementation. This subsection expires July 1,
254	20042003.
255	Section 6. In order to implement Specific Appropriation
256	357 of the 2003-2004 General Appropriations Act, subsection (4)
257	of section 561.121, Florida Statutes, is amended to read:
258	561.121 Deposit of revenue.--
259	(4)(a)State funds collected pursuant to s. 561.501 shall
260	be paid into the State Treasury and credited to the following
261	accounts:
262	1.(a)Twenty-seven and two-tenths percent of the surcharge
263	on the sale of alcoholic beverages for consumption on premises
264	shall be transferred to the Children and Adolescents Substance
265	Abuse Trust Fund, which shall remain with the Department of
266	Children and Family Services for the purpose of funding programs
267	directed at reducing and eliminating substance abuse problems
268	among children and adolescents.
269	2.(b)The remainder of collections shall be credited to
270	the General Revenue Fund.
271	(b) For the 2003-2004 fiscal year only, and
272	notwithstanding the provisions of subparagraph (a)1., moneys in
273	the Children and Adolescents Substance Abuse Trust Fund may also
274	be used for the purpose of funding programs directed at reducing
275	and eliminating substance abuse problems among adults. This
276	paragraph expires July 1, 2004.
277	Section 7. In order to implement Specific Appropriations
278	265-268, 268B, 270A-272, and 274-277, paragraph (b) of
279	subsection (1) of section 409.1671, Florida Statutes, is amended
280	to read:
281	409.1671 Foster care and related services;
282	privatization.--
283	(1)
284	(b) It is the intent of the Legislature that the
285	department will continue to work towards full privatization by
286	initiating the competitive procurement process in each county by
287	January 1, 2003. In order to provide for an adequate transition
288	period to develop the necessary administrative and service
289	delivery capacity in each community, the full transfer of all
290	foster care and related services must be completed statewide by
291	December 31, 2004. The department shall adopt by rule pursuant
292	to ss. 120.536(1) and 120.54 a methodology for determining and
293	transferring all available funds currently associated with the
294	services that are being furnished under contract. This
295	methodology must provide for the transfer of funds appropriated
296	and budgeted for all services and programs that have been
297	incorporated into this program, including furniture, equipment,
298	and administrative funds, to accomplish the transfer of these
299	programs. The funds appropriated for this program that are
300	distributed between the counties and the districts and to
301	community-based care providers in the state to provide child
302	protective services as contemplated in this subsection shall be
303	allocated pursuant to the terms of the rule. The rule shall
304	provide for a phased implementation of its provisions, and until
305	such time as the rule is finalized and adopted the department
306	shall allocate funds in the same proportion as the annualized
307	distribution of funds at the end of fiscal year 2002-2003.
308	Section 8. The amendment of paragraph (b) of subsection
309	(1) of s. 409.1671, Florida Statutes, by this act shall expire
310	on July 1, 2004, and the text of that paragraph shall revert to
311	that in existence on June 30, 2003, except that any amendments
312	to such text enacted other than by this act shall be preserved
313	and continue to operate to the extent that such amendments are
314	not dependent upon the portions of such text which expire
315	pursuant to the provisions of this act.
316	Section 9. In order to implement Specific Appropriation
317	269A of the 2003-2004 General Appropriations Act, subsection (7)
318	of section 409.1671, Florida Statutes, is amended to read:
319	409.1671 Foster care and related services;
320	privatization.--
321	(7) The department, in consultation with existing lead
322	agencies, shall develop a proposal regarding the long-term use
323	and structure of a statewide shared earnings program which
324	addresses the financial risk to eligible lead community-based
325	providers resulting from unanticipated caseload growth or from
326	significant changes in client mixes or services eligible for
327	federal reimbursement. The recommendations in the statewide
328	proposal must also be available to entities of the department
329	until the conversion to community-based care takes place. At a
330	minimum, the proposal must allow for use of federal earnings
331	received from child welfare programs, which earnings are
332	determined by the department to be in excess of the amount
333	appropriated in the General Appropriations Act, to be used for
334	specific purposes. These purposes include, but are not limited
335	to:
336	(a) Significant changes in the number or composition of
337	clients eligible to receive services.
338	(b) Significant changes in the services that are eligible
339	for reimbursement.
340	(c) Significant changes in the availability of federal
341	funds.
342	(d) Shortfalls in state funds available for eligible or
343	ineligible services.
344	(e) Significant changes in the mix of available funds.
345	(f) Scheduled or unanticipated, but necessary, advances to
346	providers or other cash-flow issues.
347	(g) Proposals to participate in optional Medicaid services
348	or other federal grant opportunities.
349	(h) Appropriate incentive structures.
350	(i) Continuity of care in the event of lead agency
351	failure, discontinuance of service, or financial misconduct.
352
353	The department shall further specify the necessary steps to
354	ensure the financial integrity of these dollars and their
355	continued availability on an ongoing basis. The final proposal
356	shall be submitted to the Legislative Budget Commission for
357	formal adoption before December 31, 2002. If the Legislative
358	Budget Commission refuses to concur with the adoption of the
359	proposal, the department shall present its proposal in the form
360	of recommended legislation to the President of the Senate and
361	the Speaker of the House of Representatives before the
362	commencement of the next legislative session. For fiscal year
363	2003-2004 and annually thereafter, the department of Children
364	and Family Servicesmay request in its legislative budget
365	request, and the Governor may recommend, the funding necessary
366	to carry out paragraph (i) from excess federal earnings. The
367	General Appropriations Act shall include any funds appropriated
368	for this purpose in a lump sum in the departmentAdministered
369	Funds Program, which funds constitute partial security for lead
370	agency contract performance. The department shall use this
371	appropriation to offset the need for a performance bond for that
372	year after a comparison of risk to the funds available. In no
373	event shall this performance bond exceed 2.5 percent of the
374	annual contract value. The department may separately require a
375	bond to mitigate the financial consequences of potential acts of
376	malfeasance, misfeasance, or criminal violations by the
377	provider. Prior to the release of any funds in the lump sum, the
378	department shall submit a detailed operational plan, which must
379	identify the sources of specific trust funds to be used. The
380	release of the trust fund shall be subject to the notice and
381	review provisions of s. 216.177. However, the release shall not
382	require approval of the Legislative Budget Commission.
383	Section 10. The amendment of subsection (7) of s.
384	409.1671, Florida Statutes, by this act shall expire on July 1,
385	2004, and the text of that subsection shall revert to that in
386	existence on June 30, 2003, except that any amendments to such
387	text enacted other than by this act shall be preserved and
388	continue to operate to the extent that such amendments are not
389	dependent upon the portions of such text which expire pursuant
390	to the provisions of this act.
391	Section 11. In order to implement Specific Appropriations
392	324-357A of the 2003-2004 General Appropriations Act, subsection
393	(8) of section 394.908, Florida Statutes, is amended to read:
394	394.908 Substance abuse and mental health funding equity;
395	distribution of appropriations.--In recognition of the
396	historical inequity among service districts of the former
397	Department of Health and Rehabilitative Services in the funding
398	of substance abuse and mental health services, and in order to
399	rectify this inequity and provide for equitable funding in the
400	future throughout the state, the following funding process shall
401	be adhered to:
402	(8) For fiscal year 2003-20042002-2003only, and
403	notwithstanding the provisions of this section, all new funds
404	received in excess of fiscal year 2002-20032001-2002recurring
405	appropriations shall be allocated in accordance with the
406	provisions of the General Appropriations Act; however, no
407	district shall receive an allocation of recurring funds less
408	than its initial approved operating budget, plus any
409	distributions of lump sum appropriations or reductions in
410	unfunded budget, for fiscal year 2002-20032001-2002. This
411	subsection expires July 1, 20042003.
412	Section 12. In order to implement Specific Appropriation
413	415 of the 2003-2004 General Appropriations Act, for the 2003-
414	2004 fiscal year only, and notwithstanding the provisions of s.
415	287.057, Florida Statutes, the Department of Children and Family
416	Services is authorized to procure contractual services to
417	outsource the operation of the Northeast Florida State Hospital
418	with a qualified vendor with experience in operating a mental
419	health treatment facility in this state. This section expires
420	July 1, 2004.
421	Section 13. In order to implement Specific Appropriation
422	519 of the 2003-2004 General Appropriations Act, paragraph (k)
423	of subsection (2) of section 381.0066, Florida Statutes, is
424	amended to read:
425	381.0066 Onsite sewage treatment and disposal systems;
426	fees.--
427	(2) The minimum fees in the following fee schedule apply
428	until changed by rule by the department within the following
429	limits:
430	(k) Research: An additional $5 fee shall be added to each
431	new system construction permit issued during fiscal years 1996-
432	20041996-2003to be used for onsite sewage treatment and
433	disposal system research, demonstration, and training projects.
434	Five dollars from any repair permit fee collected under this
435	section shall be used for funding the hands-on training centers
436	described in s. 381.0065(3)(j).
437
438	The funds collected pursuant to this subsection must be
439	deposited in a trust fund administered by the department, to be
440	used for the purposes stated in this section and ss. 381.0065
441	and 381.00655.
442	Section 14. In order to implement Specific Appropriation
443	477 of the 2003-2004 General Appropriations Act, subsection (6)
444	of section 385.207, Florida Statutes, is amended to read:
445	385.207 Care and assistance of persons with epilepsy;
446	establishment of programs in epilepsy control.--
447	(6) For the 2003-20042002-2003fiscal year only, funds in
448	the Epilepsy Services Trust Fund may be appropriated for
449	epilepsy case management services. This subsection expires July
450	1, 20042003.
451	Section 15. Consistent with the provisions of s. 216.163,
452	Florida Statutes, in accordance with performance-based program
453	budgeting requirements, and notwithstanding the provisions of s.
454	216.181, Florida Statutes, the Department of Law Enforcement may
455	transfer up to one-half of 1 percent of the funds in Specific
456	Appropriations 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181,
457	1190, and 1195 of the 2002-2003 General Appropriations Act for
458	salary bonuses for departmental employees at the discretion of
459	the executive director, provided that such bonuses are given
460	only to selected employees for meritorious performance, instead
461	of being given as across-the-board bonuses for all employees.
462	The department, after consultation with the Executive Office of
463	the Governor, shall provide a plan to the chairs of the
464	legislative appropriations committees responsible for producing
465	the General Appropriations Act for review before awarding such
466	bonuses. This section expires July 1, 2004.
467	Section 16. In order to implement Specific Appropriations
468	1118-1201 of the 2003-2004 General Appropriations Act,
469	subsection (17) of section 216.181, Florida Statutes, is amended
470	to read:
471	216.181 Approved budgets for operations and fixed capital
472	outlay.--
473	(17) Notwithstanding any other provision of this section
474	to the contrary, and for the 2003-20042002-2003fiscal year
475	only, the Department of Law Enforcement may transfer up to 20
476	positions and associated budget between budget entities,
477	provided the same funding source is used throughout each
478	transfer. The department may also transfer up to 10 percent of
479	the initial approved salary rate between budget entities,
480	provided the same funding source is used throughout each
481	transfer. The department must provide notice to the Executive
482	Office of the Governor, the chair of the Senate Budget
483	Committee, and the chair of the House Committee on Criminal
484	Justice Appropriations for all transfers of positions or salary
485	rate. This subsection expires July 1, 20042003.
486	Section 17. In order to implement proviso language
487	following Specific Appropriation 642 of the 2003-2004 General
488	Appropriations Act, the Correctional Privatization Commission
489	may expend appropriated funds to assist in defraying the costs
490	of impacts that are incurred by a municipality or county and
491	associated with opening or operating a facility under the
492	authority of the Correctional Privatization Commission or a
493	facility under the authority of the Department of Juvenile
494	Justice which is located within that municipality or county. The
495	amount that is to be paid under this section for any facility
496	may not exceed 1 percent of the facility construction cost, less
497	building impact fees imposed by the municipality or by the
498	county if the facility is located in the unincorporated portion
499	of the county. This section expires July 1, 2004.
500	Section 18. In order to implement Specific Appropriations
501	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
502	(b) of subsection (3) of section 16.555, Florida Statutes, is
503	amended to read:
504	16.555 Crime Stoppers Trust Fund; rulemaking.--
505	(3)
506	(b) For the 2003-20042002-2003 statefiscal year only,
507	and notwithstanding any provision of this section to the
508	contrary, moneys in the trust fund may also be used to pay for
509	salaries and benefits and other expenses of the department. This
510	paragraph expires July 1, 20042003.
511	Section 19. In order to implement Specific Appropriations
512	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
513	(b) of subsection (2) of section 860.158, Florida Statutes, is
514	amended to read:
515	860.158 Florida Motor Vehicle Theft Prevention Trust
516	Fund.--
517	(2)
518	(b) For the 2003-20042002-2003fiscal year only, and
519	notwithstanding s. 320.08046, the use of funds allocated to the
520	Florida Motor Vehicle Theft Prevention Trust Fund may also be as
521	provided in the General Appropriations Act. This paragraph
522	expires July 1, 20042003.
523	Section 20. In order to implement Specific Appropriation
524	1164 of the 2003-2004 General Appropriations Act, paragraph (d)
525	of subsection (4) of section 932.7055, Florida Statutes, is
526	amended to read:
527	932.7055 Disposition of liens and forfeited property.--
528	(4)
529	(d) Notwithstanding any other provision of this
530	subsection, and for the 2003-20042002-2003fiscal year only,
531	the funds in a special law enforcement trust fund established by
532	the governing body of a municipality may be expended to
533	reimburse the general fund of the municipality for moneys
534	advanced from the general fund to the special law enforcement
535	trust fund prior to October 1, 2001. This paragraph expires July
536	1, 20042003.
537	Section 21. In order to implement Specific Appropriation
538	1394A of the 2003-2004 General Appropriations Act, paragraph (b)
539	of subsection (2) of section 581.184, Florida Statutes, is
540	amended to read:
541	581.184 Adoption of rules; citrus canker eradication;
542	voluntary destruction agreements.--
543	(2)
544	(b) Notwithstanding the provisions of paragraph (a), and
545	for the 2003-20042002-2003fiscal year only, notice of the
546	removal of infected citrus trees and citrus trees exposed to
547	infection, by immediate final order, shall be provided to the
548	owner of the property on which such trees are located. This
549	paragraph expires July 1, 20042003.
550	Section 22. In order to implement section 23 of the 2003-
551	2004 General Appropriations Act, paragraph (b) of subsection (2)
552	and subsection (6) of section 581.1845, Florida Statutes, are
553	amended to read:
554	581.1845 Citrus canker eradication; compensation to
555	homeowners whose trees have been removed.--
556	(2)
557	(b) Notwithstanding subparagraph (a)1., and for
558	compensation during the 2003-20042002-2003fiscal year only, to
559	be eligible to receive compensation under the program for
560	residential property where one or more citrus trees have been
561	removed on or after July 1, 2001, as part of a citrus canker
562	eradication program, a homeowner must be the homeowner of record
563	on the date the trees were removed. This paragraph expires July
564	1, 20042003.
565	(6) For the 2003-20042002-2003 fiscal year only,and
566	notwithstanding the $100-compensation amount specified in
567	subsection (3), the amount of compensation for each tree removed
568	from residential property by the citrus canker eradication
569	program shall be $55. This subsection expires July 1, 20042003.
570	Section 23. In order to implement Specific Appropriation
571	1700 of the 2003-2004 General Appropriations Act, subsection (2)
572	of section 215.981, Florida Statutes, is amended to read:
573	215.981 Audits of state agency direct-support
574	organizations and citizen support organizations.--
575	(2) Notwithstanding the provisions of subsection (1), and
576	for the 2003-20042002-2003fiscal year only, citizen support
577	organizations for the Department of Environmental Protection
578	that are not for profit and that have annual expenditures of
579	less than $100,000 are not required to have an independent
580	audit. This subsection expires July 1, 20042003.
581	Section 24. In order to implement Specific Appropriations
582	2804 and 2819 of the 2003-2004 General Appropriations Act,
583	subsection (4) of section 61.1826, Florida Statutes, is amended
584	to read:
585	61.1826 Procurement of services for State Disbursement
586	Unit and the non-Title IV-D component of the State Case
587	Registry; contracts and cooperative agreements; penalties;
588	withholding payment.--
589	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
590	contract between the Florida Association of Court Clerks and the
591	department, and cooperative agreements entered into by the
592	depositories and the department, must contain, but are not
593	limited to, the following terms:
594	(a) The initial term of the contract and cooperative
595	agreements is for 5 years. The subsequent term of the contract
596	and cooperative agreements is for 3 years, with the option of
597	two 1-year renewal periods, at the sole discretion of the
598	department.
599	(b) The duties and responsibilities of the Florida
600	Association of Court Clerks, the depositories, and the
601	department.
602	(c) Under s. 287.058(1)(a), all providers and
603	subcontractors shall submit to the department directly, or
604	through the Florida Association of Court Clerks, a report of
605	monthly expenditures in a format prescribed by the department
606	and in sufficient detail for a proper preaudit and postaudit
607	thereof.
608	(d) All providers and subcontractors shall submit to the
609	department directly, or through the Florida Association of Court
610	Clerks, management reports in a format prescribed by the
611	department.
612	(e) All subcontractors shall comply with chapter 280, as
613	may be required.
614	(f) Federal financial participation for eligible Title IV-
615	D expenditures incurred by the Florida Association of Court
616	Clerks and the depositories shall be at the maximum level
617	permitted by federal law for expenditures incurred for the
618	provision of services in support of child support enforcement in
619	accordance with 45 C.F.R. part 74 and Federal Office of
620	Management and Budget Circulars A-87 and A-122 and based on an
621	annual cost allocation study of each depository. The
622	depositories shall submit directly, or through the Florida
623	Association of Court Clerks, claims for Title IV-D expenditures
624	monthly to the department in a standardized format as prescribed
625	by the department. The Florida Association of Court Clerks shall
626	contract with a certified public accounting firm, selected by
627	the Florida Association of Court Clerks and the department, to
628	audit and certify quarterly to the department all claims for
629	expenditures submitted by the depositories for Title IV-D
630	reimbursement.
631	(g) Upon termination of the contracts between the
632	department and the Florida Association of Court Clerks or the
633	depositories, the Florida Association of Court Clerks, its
634	agents, and the depositories shall assist the department in
635	making an orderly transition to a private vendor.
636	(h) Interest on late payment by the department shall be in
637	accordance with s. 215.422.
638
639	If either the department or the Florida Association of Court
640	Clerks objects to a term of the standard cooperative agreement
641	or contract specified in subsections (2) and (3), the Chief
642	Financial Officer, with approval from the Governor and Cabinet,
643	shall appoint a third party todisputed term or terms shall be
644	presented jointly by the parties to the Attorney General or the
645	Attorney General's designee, who shall act as special master.
646	The special master shall resolve disputes between the department
647	and the Florida Association of Court Clerks related to
648	negotiation for and performance under the current contract and
649	any extended contract or subsequent contract. Additionally, the
650	special master shall resolve disputes relating to the
651	conformance of the state disbursement unit operations to the
652	recommendations in the audit performed by the chief financial
653	officer, or to any other audit duly conducted pursuant to state
654	or federal law.The special master shall resolve the dispute in
655	writing within 10 days. The resolution of a dispute by the
656	special master is binding on the department and the Florida
657	Association of Court Clerks.
658	Section 25. The amendment of subsection (4) of s. 61.1826,
659	Florida Statutes, by this act shall expire on July 1, 2004, and
660	the text of that subsection shall revert to that in existence on
661	June 30, 2003, except that any amendments to such text enacted
662	other than by this act shall be preserved and continue to
663	operate to the extent that such amendments are not dependent
664	upon the portions of such text which expire pursuant to the
665	provisions of this act.
666	Section 26. In order to implement Specific Appropriations
667	2592-2598A of the 2003-2004 General Appropriations Act,
668	subsection (4) of section 287.161, Florida Statutes, is amended
669	to read:
670	287.161 Executive aircraft pool; assignment of aircraft;
671	charge for transportation.--
672	(4) Notwithstanding the requirements of subsections (2)
673	and (3), and for the 2003-20042002-2003fiscal year only, the
674	Department of Management Services shall charge all persons
675	receiving transportation from the executive aircraft pool a rate
676	not less than the mileage allowance fixed by the Legislature for
677	the use of privately owned vehicles. Fees collected for persons
678	traveling by aircraft in the executive aircraft pool shall be
679	deposited into the Bureau of Aircraft Trust Fund and shall be
680	expended for costs incurred to operate the aircraft management
681	activities of the department. It is the intent of the
682	Legislature that the executive aircraft pool be operated on a
683	full cost recovery basis, less available funds. This subsection
684	expires July 1, 20042003.
685	Section 27. In order to implement Specific Appropriation
686	2636 of the 2003-2004 General Appropriations Act, subsection (2)
687	of section 110.116, Florida Statutes, is amended to read:
688	110.116 Personnel information system; payroll
689	procedures.--
690	(2) For the 2003-20042002-2003fiscal year only, and
691	notwithstanding the requirements of s. 215.94(5) that the
692	department design, implement, and operate the system and of s.
693	110.201(1)(e) that the individual employing agencies maintain
694	records and reports, the department is authorized to contract
695	with a vendor to provide the personnel information system for
696	state agencies. The vendor may assist the department in
697	compiling and reporting personnel data and may assist the
698	employing agencies in maintaining personnel records. This
699	subsection expires July 1, 20042003.
700	Section 28. In order to implement Specific Appropriation
701	2633A of the 2003-2004 General Appropriations Act, paragraph (a)
702	of subsection (1) of section 110.152, Florida Statutes, is
703	amended to read:
704	110.152 Adoption benefits for state employees; parental
705	leave.--
706	(1)(a)1. Any full-time or part-time employee of the state
707	who is paid from regular salary appropriations and who adopts a
708	special-needs child, as defined in paragraph (b), is eligible to
709	receive a monetary benefit in the amount of $10,000 per child,
710	$5,000 of which is payable in equal monthly installments over a
711	2-year period. Any employee of the state who adopts a child
712	whose permanent custody has been awarded to the Department of
713	Children and Family Services or to a Florida-licensed child-
714	placing agency, other than a special-needs child as defined in
715	paragraph (b), shall be eligible to receive a monetary benefit
716	in the amount of $5,000 per child, $2,000 of which is payable in
717	equal monthly installments over a 2-year period. Benefits paid
718	under this subsection to a part-time employee must be prorated
719	based on the employee's full-time-equivalency status at the time
720	of applying for the benefits.
721	2. For the 2003-20042002-2003fiscal year only, the
722	Department of Management Services is authorized to make lump-sum
723	payments for adoption benefits awarded during fiscal years 2000-
724	2001 and 2001-2002. This subparagraph expires July 1, 20042003.
725	Section 29. In order to implement Specific Appropriations
726	of funds in Salaries and Benefits categories of the 2003-2004
727	General Appropriations Act, and effective upon this act becoming
728	a law, section 110.2035, Florida Statutes, as amended by section
729	43 of chapter 2002-402, Laws of Florida, is amended to read:
730	110.2035 Classification and compensation program.--
731	(1) The Department of Management Services, in consultation
732	with the Executive Office of the Governor and the Legislature,
733	shall establish and maintaindevelopa classification and
734	compensation program addressing. This program shall be developed
735	for use by all state agencies and shall addressCareer Service,
736	Selected Exempt Service, and Senior Management Service positions
737	classes.
738	(2) The program shall consist of the following:
739	(a) A position classification system using no more than 38
740	50occupational groups and up to a 6-class series structure for
741	each occupation within an occupational group. Additional
742	occupational groups may be established only by the Executive
743	Office of the Governor after consultation with the Legislature.
744	(b) A pay plan that shall provide broad-based salary
745	ranges for each occupational group and shall consist of no more
746	than 25 pay bands.
747	(3) The following goals shall be considered in designing
748	and implementing and maintainingthe program:
749	(a) The classification system must significantly reduce
750	the need to reclassify positions due to work assignment and
751	organizational changes by decreasing the number of
752	classification changes required.
753	(b) The classification system must establish broad-based
754	classes allowing flexibility in organizational structure and
755	must reduce the levels of supervisory classes.
756	(c) The classification system and pay plan must emphasize
757	pay administration and job-performance evaluation by management
758	rather than emphasize use of the classification system to award
759	salary increases.
760	(d) The pay administration system must contain provisions
761	to allow managers the flexibility to move employees through the
762	pay ranges and provide for salary increase additives and lump-
763	sum bonuses, if authorized by the Legislature.
764	(4) The classification system shall be structured such
765	that each confidential, managerial, and supervisory employee
766	shall be included in the Selected Exempt Service, in accordance
767	with part V of this chapter.
768	(5) The Department of Management Services shall submit the
769	proposed design of the classification and compensation program
770	to the Executive Office of the Governor, the presiding officers
771	of the Legislature, and the appropriate legislative fiscal and
772	substantive standing committees on or before December 1, 2001.
773	(5)(6)The department shall establish, by rule, guidelines
774	with respect to, and shall delegate to the employing agencies,
775	where appropriate, the authority to administer the following:
776	(a) Shift differentials.
777	(b) On-call fees.
778	(c) Hazardous-duty pay.
779	(d) Advanced appointment rates.
780	(e) Salary increase and decrease corrections.
781	(f) Lead-worker pay.
782	(g) Temporary special duties pay.
783	(h) Trainer-additive pay.
784	(i) Competitive area differentials.
785	(j) Coordinator pay.
786	(k) Critical market pay.
787
788	The employing agency must use such pay additives as are
789	appropriate within the guidelines established by the department
790	and shall advise the department in writing of the plan for
791	implementing such pay additives prior to the implementation
792	date. Any action by an employing agency to implement temporary
793	special duties pay, competitive area differentials, or critical
794	market pay may be implemented only after the department has
795	reviewed and recommended such action; however, an employing
796	agency may use temporary special duties pay for up to 3 months
797	without prior review by the department. The department shall
798	annually provide a summary report of the pay additives
799	implemented pursuant to this section.
800	(6) The department shall adopt any rules necessary to
801	implement the classification and compensation program to include
802	Career Service, Selected Exempt Service, and Senior Management
803	Service positions consistent with the plan submitted to the
804	Legislature on December 1, 2001; however, the adopted plan shall
805	include pay bandwidths of 150 percent for each occupational
806	group except the manager and executive occupational groups. The
807	department may adopt emergency rules if necessary to implement
808	this program by July 1, 2003.
809	Section 30. The amendment of s. 110.2035, Florida
810	Statutes, by this act shall expire on July 1, 2004, and the text
811	of that section shall revert to that in existence on June 30,
812	2003, except that any amendments to such text enacted other than
813	by this act shall be preserved and continue to operate to the
814	extent that such amendments are not dependent upon the portions
815	of such text which expire pursuant to the provisions of this
816	act.
817	Section 31. In order to implement Specific Appropriation
818	1949B of the 2003-2004 General Appropriations Act, subsection
819	(7) of section 110.12315, Florida Statutes, is amended to read:
820	110.12315 Prescription drug program.--The state employees'
821	prescription drug program is established. This program shall be
822	administered by the Department of Management Services, according
823	to the terms and conditions of the plan as established by the
824	relevant provisions of the annual General Appropriations Act and
825	implementing legislation, subject to the following conditions:
826	(7) Under the state employees' prescription drug program
827	copayments must be made as follows:
828	(a) Effective January 1, 2001:
829	1. For generic drug with card $7.
830	2. For preferred brand name drug with card $20.
831	3. For nonpreferred brand name drug with card $35.
832	4. For generic mail order drug $10.50.
833	5. For preferred brand name mail order drug $30.
834	6. For nonpreferred brand name drug $52.50.
835	(b) The Department of Management Services shall create a
836	preferred brand name drug list to be used in the administration
837	of the state employees' prescription drug program.
838
839	This subsection expires July 1, 20042003.
840	Section 32. In order to implement Specific Appropriation
841	1949B of the 2003-2004 General Appropriations Act, section
842	110.1239, Florida Statutes, is amended to read:
843	110.1239 State group health insurance program
844	funding.--For the 2003-20042002-2003fiscal year only, it is
845	the intent of the Legislature that the state group health
846	insurance program be managed, administered, operated, and funded
847	in such a manner as to maximize the protection of state employee
848	health insurance benefits. Inherent in this intent is the
849	recognition that the health insurance liabilities attributable
850	to the benefits offered state employees should be fairly,
851	orderly, and equitably funded. Accordingly:
852	(1) The division shall determine the level of premiums
853	necessary to fully fund the state group health insurance program
854	for the next fiscal year. Such determination shall be made after
855	each Self-Insurance Estimating Conference as provided in s.
856	216.136(11), but not later than December 1 and April 1 of each
857	fiscal year.
858	(2) The Governor, in the Governor's recommended budget,
859	shall provide premium rates necessary for full funding of the
860	state group health insurance program, and the Legislature shall
861	provide in the General Appropriations Act for a premium level
862	necessary for full funding of the state group health insurance
863	program.
864	(3) For purposes of funding, any additional appropriation
865	amounts allocated to the state group health insurance program by
866	the Legislature shall be considered as a state contribution and
867	thus an increase in the state premiums.
868	(4) This section expires July 1, 20042003.
869	Section 33. In order to implement sections 2-7 of the
870	2003-2004 General Appropriations Act, paragraph (c) of
871	subsection (5) and paragraph (d) of subsection (6) of section
872	112.061, Florida Statutes, are amended to read:
873	112.061 Per diem and travel expenses of public officers,
874	employees, and authorized persons.--
875	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
876	purposes of reimbursement and methods of calculating fractional
877	days of travel, the following principles are prescribed:
878	(c) For the 2003-20042002-2003 fiscal year only,and
879	notwithstanding the other provisions of this subsection, for
880	Class C travel, a state traveler shall not be reimbursed on a
881	per diem basis nor shall a traveler receive subsistence
882	allowance. This paragraph expires July 1, 20042003.
883	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
884	purposes of reimbursement rates and methods of calculation, per
885	diem and subsistence allowances are divided into the following
886	groups and rates:
887	(d) For the 2003-20042002-2003 fiscal year only,and
888	notwithstanding the other provisions of this subsection, for
889	Class C travel, a state traveler shall not be reimbursed on a
890	per diem basis nor shall a traveler receive subsistence
891	allowance. This paragraph expires July 1, 20042003.
892	Section 34. In order to implement Specific Appropriation
893	1950B of the 2003-2004 General Appropriations Act, paragraph (a)
894	of subsection (13) of section 121.091, Florida Statutes, is
895	amended to read:
896	121.091 Benefits payable under the system.--Benefits may
897	not be paid under this section unless the member has terminated
898	employment as provided in s. 121.021(39)(a) or begun
899	participation in the Deferred Retirement Option Program as
900	provided in subsection (13), and a proper application has been
901	filed in the manner prescribed by the department. The department
902	may cancel an application for retirement benefits when the
903	member or beneficiary fails to timely provide the information
904	and documents required by this chapter and the department's
905	rules. The department shall adopt rules establishing procedures
906	for application for retirement benefits and for the cancellation
907	of such application when the required information or documents
908	are not received.
909	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
910	subject to the provisions of this section, the Deferred
911	Retirement Option Program, hereinafter referred to as the DROP,
912	is a program under which an eligible member of the Florida
913	Retirement System may elect to participate, deferring receipt of
914	retirement benefits while continuing employment with his or her
915	Florida Retirement System employer. The deferred monthly
916	benefits shall accrue in the System Trust Fund on behalf of the
917	participant, plus interest compounded monthly, for the specified
918	period of the DROP participation, as provided in paragraph (c).
919	Upon termination of employment, the participant shall receive
920	the total DROP benefits and begin to receive the previously
921	determined normal retirement benefits. Participation in the DROP
922	does not guarantee employment for the specified period of DROP.
923	(a) Eligibility of member to participate in the DROP.--All
924	active Florida Retirement System members in a regularly
925	established position, and all active members of either the
926	Teachers' Retirement System established in chapter 238 or the
927	State and County Officers' and Employees' Retirement System
928	established in chapter 122 which systems are consolidated within
929	the Florida Retirement System under s. 121.011, are eligible to
930	elect participation in the DROP provided that:
931	1. The member is not a renewed member of the Florida
932	Retirement System under s. 121.122, or a member of the State
933	Community College System Optional Retirement Program under s.
934	121.051, the Senior Management Service Optional Annuity Program
935	under s. 121.055, or the optional retirement program for the
936	State University System under s. 121.35.
937	2. Except as provided in subparagraph 6., election to
938	participate is made within 12 months immediately following the
939	date on which the member first reaches normal retirement date,
940	or, for a member who reaches normal retirement date based on
941	service before he or she reaches age 62, or age 55 for Special
942	Risk Class members, election to participate may be deferred to
943	the 12 months immediately following the date the member attains
944	57, or age 52 for Special Risk Class members. For a member who
945	first reached normal retirement date or the deferred eligibility
946	date described above prior to the effective date of this
947	section, election to participate shall be made within 12 months
948	after the effective date of this section. A member who fails to
949	make an election within such 12-month limitation period shall
950	forfeit all rights to participate in the DROP. The member shall
951	advise his or her employer and the division in writing of the
952	date on which the DROP shall begin. Such beginning date may be
953	subsequent to the 12-month election period, but must be within
954	the 60-month limitation period as provided in subparagraph (b)1.
955	When establishing eligibility of the member to participate in
956	the DROP for the 60-month maximum participation period, the
957	member may elect to include or exclude any optional service
958	credit purchased by the member from the total service used to
959	establish the normal retirement date. A member with dual normal
960	retirement dates shall be eligible to elect to participate in
961	DROP within 12 months after attaining normal retirement date in
962	either class.
963	3. The employer of a member electing to participate in the
964	DROP, or employers if dually employed, shall acknowledge in
965	writing to the division the date the member's participation in
966	the DROP begins and the date the member's employment and DROP
967	participation will terminate.
968	4. Simultaneous employment of a participant by additional
969	Florida Retirement System employers subsequent to the
970	commencement of participation in the DROP shall be permissible
971	provided such employers acknowledge in writing a DROP
972	termination date no later than the participant's existing
973	termination date or the 60-month limitation period as provided
974	in subparagraph (b)1.
975	5. A DROP participant may change employers while
976	participating in the DROP, subject to the following:
977	a. A change of employment must take place without a break
978	in service so that the member receives salary for each month of
979	continuous DROP participation. If a member receives no salary
980	during a month, DROP participation shall cease unless the
981	employer verifies a continuation of the employment relationship
982	for such participant pursuant to s. 121.021(39)(b).
983	b. Such participant and new employer shall notify the
984	division on forms required by the division as to the identity of
985	the new employer.
986	c. The new employer shall acknowledge, in writing, the
987	participant's DROP termination date, which may be extended but
988	not beyond the original 60-month period provided in subparagraph
989	(b)1., shall acknowledge liability for any additional retirement
990	contributions and interest required if the participant fails to
991	timely terminate employment, and shall be subject to the
992	adjustment required in sub-subparagraph (c)5.d.
993	6. Effective July 1, 2001, for instructional personnel as
994	defined in s. 1012.01(2), election to participate in the DROP
995	shall be made at any time following the date on which the member
996	first reaches normal retirement date. The member shall advise
997	his or her employer and the division in writing of the date on
998	which the Deferred Retirement Option Program shall begin. When
999	establishing eligibility of the member to participate in the
1000	DROP for the 60-month maximum participation period, as provided
1001	in subparagraph (b)1., the member may elect to include or
1002	exclude any optional service credit purchased by the member from
1003	the total service used to establish the normal retirement date.
1004	A member with dual normal retirement dates shall be eligible to
1005	elect to participate in either class.
1006	7. Beginning July 1, 2003, there shall be a period of 45
1007	days within which administrative personnel as defined in s.
1008	1012.01(3) who have reached normal retirement date, who have not
1009	retired, and who did not elect to participate in the DROP within
1010	1 year of reaching normal retirement date may elect to
1011	participate in the DROP. This subparagraph expires July 1, 2004.
1012	Section 35. In order to implement Specific Appropriations
1013	1417-1419, 1421-1424, 1426, 1427, 1430, 1432, 1434, 1436-1438,
1014	1439, 1439K-1443, and 1446-1450 of the 2003-2004 General
1015	Appropriations Act, paragraphs (b) and (c) of subsection (1) of
1016	section 252.373, Florida Statutes, are amended to read:
1017	252.373 Allocation of funds; rules.--
1018	(1)
1019	(b) Notwithstanding the provisions of paragraph (a), and
1020	for the 2003-20042002-2003fiscal year only, the use of the
1021	Emergency Management, Preparedness, and Assistance Trust Fund
1022	shall be as provided in the General Appropriations Act. This
1023	paragraph expires on July 1, 20042003.
1024	(c) Notwithstanding the provisions of paragraph (a), and
1025	for the 2003-20042002-2003fiscal year only, the Department of
1026	Community Affairs shall conduct a review of funds available in
1027	the Emergency Management, Preparedness, and Assistance Trust
1028	Fund. By December 311, 20032002, when actual receipts for the
1029	2002-20032001-2002fiscal year are determined, the Department
1030	of Community Affairs may identify any funds that were unspent or
1031	unencumbered in the 2002-20032001-2002 fiscal year that are not
1032	required to implement appropriations for the 2002-2003 fiscal
1033	year from the Emergency Management, Preparedness, and Assistance
1034	Trust Fund, and such funds may be transferred to the Grants and
1035	Donations Trust Fund to be used for the state portion of the
1036	match requirements for current federally approved disaster
1037	Hazard Mitigation Grant Programprojects. This paragraph expires
1038	July 1, 20042003.
1039	Section 36. In order to implement Specific Appropriations
1040	1432A, 1438A-1438I, 1438K, 1438L, 1438N, and 1439E-1439J of the
1041	2003-2004 General Appropriations Act, subsection (8) of section
1042	215.559, Florida Statutes, is renumbered as subsection (9), and
1043	a new subsection (8) is added to said section to read:
1044	215.559 Hurricane Loss Mitigation Program.--
1045	(8) Notwithstanding the provisions of subsection (5), and
1046	for the 2003-2004 fiscal year only, the use of the Florida
1047	Hurricane Catastrophe Fund shall be as provided in the General
1048	Appropriations Act. This subsection expires on July 1, 2004.
1049	Section 37. In order to implement Specific Appropriation
1050	1303A of the 2003-2004 General Appropriations Act, paragraph (e)
1051	is added to subsection (13) of section 253.025, Florida
1052	Statutes, to read:
1053	253.025 Acquisition of state lands for purposes other than
1054	preservation, conservation, and recreation.--
1055	(13)
1056	(e) For the 2003-2004 fiscal year only, the use of funds
1057	allocated to the Relocation and Construction Trust Fund shall be
1058	as provided in the General Appropriations Act. This paragraph
1059	expires July 1, 2004.
1060	Section 38. In order to implement Specific Appropriation
1061	1520A of the 2003-2004 General Appropriations Act, section
1062	373.4145, Florida Statutes, is amended to read:
1063	373.4145 Interim part IV permitting program for the
1064	Northwest Florida Water Management District.--
1065	(1) Within the geographical jurisdiction of the Northwest
1066	Florida Water Management District, the permitting authority of
1067	the department under this part shall consist solely of the
1068	following, notwithstanding the rule adoption deadline in s.
1069	373.414(9):
1070	(a) Chapter 17-25, Florida Administrative Code, shall
1071	remain in full force and effect, and shall be implemented by the
1072	department. Notwithstanding the provisions of this section,
1073	chapter 17-25, Florida Administrative Code, may be amended by
1074	the department as necessary to comply with any requirements of
1075	state or federal laws or regulations, or any condition imposed
1076	by a federal program, or as a requirement for receipt of federal
1077	grant funds.
1078	(b) Rules adopted pursuant to the authority of ss. 403.91-
1079	403.929, 1984 Supplement to the Florida Statutes 1983, as
1080	amended, in effect prior to July 1, 1994, shall remain in full
1081	force and effect, and shall be implemented by the department.
1082	However, the department is authorized to establish additional
1083	exemptions and general permits for dredging and filling, if such
1084	exemptions or general permits do not allow significant adverse
1085	impacts to occur individually or cumulatively. However, for the
1086	purpose of chapter 17-312, Florida Administrative Code, the
1087	landward extent of surface waters of the state identified in
1088	rule 17-312.030(2), Florida Administrative Code, shall be
1089	determined in accordance with the methodology in rules 17-
1090	340.100 through 17-340.600, Florida Administrative Code, as
1091	ratified in s. 373.4211, upon the effective date of such
1092	ratified methodology. In implementing s. 373.421(2), the
1093	department shall determine the extent of those surface waters
1094	and wetlands within the regulatory authority of the department
1095	as described in this paragraph. At the request of the
1096	petitioner, the department shall also determine the extent of
1097	surface waters and wetlands which can be delineated by the
1098	methodology ratified in s. 373.4211, but which are not subject
1099	to the regulatory authority of the department as described in
1100	this paragraph.
1101	(c) The department may implement chapter 40A-4, Florida
1102	Administrative Code, in effect prior to July 1, 1994, pursuant
1103	to an interagency agreement with the Northwest Florida Water
1104	Management District adopted under s. 373.046(4).
1105	(2) The authority of the Northwest Florida Water
1106	Management District to implement this part or to implement any
1107	authority pursuant to delegation by the department shall not be
1108	affected by this section. The rule adoption deadline in s.
1109	373.414(9) shall not apply to said district.
1110	(3) The division of permitting responsibilities in s.
1111	373.046(4) shall not apply within the geographical jurisdiction
1112	of the Northwest Florida Water Management District.
1113	(4) If the United States Environmental Protection Agency
1114	approves an assumption of the federal program to regulate the
1115	discharge of dredged or fill material by the department or the
1116	water management districts, or both, pursuant to s. 404 of the
1117	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
1118	1251 et seq.; the United States Army Corps of Engineers issues
1119	one or more state programmatic general permits under the
1120	referenced statutes; or the United States Environmental
1121	Protection Agency or the United States Corps of Engineers
1122	approves any other delegation of regulatory authority under the
1123	referenced statutes, then the department may implement any
1124	permitting authority granted in this part within the Northwest
1125	Florida Water Management District which is prescribed as a
1126	condition of granting such assumption, general permit, or
1127	delegation.
1128	(5) Within the geographical jurisdiction of the Northwest
1129	Florida Water Management District, the methodology for
1130	determining the landward extent of surface waters of the state
1131	under chapter 403 in effect prior to the effective date of the
1132	methodology ratified in s. 373.4211 shall apply to:
1133	(a) Activities permitted under the rules adopted pursuant
1134	to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
1135	1983, as amended, or which were exempted from regulation under
1136	such rules, prior to July 1, 1994, and which were permitted
1137	under chapter 17-25, Florida Administrative Code, or exempt from
1138	chapter 17-25, Florida Administrative Code, prior to July 1,
1139	1994, provided:
1140	1. An activity authorized by such permits is conducted in
1141	accordance with the plans, terms, and conditions of such
1142	permits.
1143	2. An activity exempted from the permitting requirements
1144	of the rules adopted pursuant to ss. 403.91-403.929, 1984
1145	Supplement to the Florida Statutes 1983, as amended, or chapter
1146	17-25, Florida Administrative Code, is:
1147	a. Commenced prior to July 1, 1994, and completed by July
1148	1, 1999;
1149	b. Conducted in accordance with a plan depicting the
1150	activity which has been submitted to and approved for
1151	construction by the department, the appropriate local
1152	government, the United States Army Corps of Engineers, or the
1153	Northwest Florida Water Management District; and
1154	c. Conducted in accordance with the terms of the
1155	exemption.
1156	(b) An activity within the boundaries of a valid
1157	jurisdictional declaratory statement issued pursuant to s.
1158	403.914, 1984 Supplement to the Florida Statutes 1983, as
1159	amended, or the rules adopted thereunder, in response to a
1160	petition received prior to June 1, 1994.
1161	(c) Any modification of a permitted or exempt activity as
1162	described in paragraph (a) which does not constitute a
1163	substantial modification or which lessens the environmental
1164	impact of such permitted or exempt activity. For the purposes of
1165	this section, a substantial modification is one which is
1166	reasonably expected to lead to substantially different
1167	environmental impacts.
1168	(d) Applications for activities permitted under the rules
1169	adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
1170	1983 Florida Statutes, as amended, which were pending on June
1171	15, 1994, unless the application elects to have applied the
1172	delineation methodology ratified in s. 373.4211.
1173	(6) Subsections (1), (2), (3), and (4) shall be repealed
1174	effective July 1, 20042003.
1175	(7)(a) The department and the Northwest Florida Water
1176	Management District are directed to begin developing a plan by
1177	which the permitting for activities proposed in surface waters
1178	and wetlands shall fully comply with the provisions of this
1179	part, beginning July 1, 20042003. The plan also shall address
1180	the division of environmental resource permitting
1181	responsibilities between the department and the Northwest
1182	Florida Water Management District; the methodology of
1183	delineating wetlands in the Northwest Florida Water Management
1184	District; authority of the Northwest Florida Water Management
1185	District to implement federal permitting programs related to
1186	activities in surface waters and wetlands; and the chapter 70
1187	implications of implementing the provisions of this part within
1188	the jurisdiction of the Northwest Florida Water Management
1189	District.
1190	(b) The department and Northwest Florida Water Management
1191	District shall jointly prepare an interim report on their
1192	progress in developing the aforementioned plan, to be presented
1193	March 1, 2001 to the Governor, the President of the Senate, the
1194	Speaker of the House of Representatives, and the chairs of the
1195	relevant substantive and fiscal committees. The department and
1196	district shall present a final report on March 1, 2003.
1197	(c) Any jurisdictional declaratory statement issued for a
1198	project within the geographic jurisdiction of the Northwest
1199	Florida Water Management District that is valid on July 1, 1999,
1200	and for which there has been issued a permit pursuant to this
1201	chapter and chapter 403 for a phase of that project and which
1202	identified proposed future development, including mitigation,
1203	that would require an additional permit pursuant to this chapter
1204	and chapter 403 shall not expire until January 1, 2002.
1205	Section 39. In order to implement Specific Appropriations
1206	1452-1459A of the 2003-2004 General Appropriations Act,
1207	subsection (4) of section 290.044, Florida Statutes, is amended
1208	to read:
1209	290.044 Florida Small Cities Community Development Block
1210	Grant Program Fund; administration; distribution.--
1211	(4) The percentage of funds distributed in each of the
1212	grant program categories from federal funds for federal fiscal
1213	year 1985 shall be established by the Legislature in the
1214	appropriation process for the 1984 regular session and shall be
1215	established annually thereafter in the same manner. The
1216	department shall submit its recommendation on the distribution
1217	percentages to the Governor and Legislature as part of its
1218	regular budget proposals. The department may set asideshall
1219	provide for the set-aside of an amount of up to 510percent of
1220	the funds allocated to the neighborhood revitalization category
1221	in its distribution percentagesfor use in any eligible local
1222	government jurisdiction for which an emergency or natural
1223	disaster has been declared by executive order. Such funds may
1224	only be provided to a local government to fund eligible
1225	emergency-related activities for which no other source of
1226	federal, state, or local disaster funds is available. The
1227	department mayshallprovide for such set-aside by rule. In the
1228	last quarter of the state fiscal year, any funds not allocated
1229	under the emergency-related set-aside shall be used to fully
1230	fund any applications which were partially funded due to
1231	inadequate funds in the most recently completed neighborhood
1232	revitalization category funding cycle, and then any remaining
1233	funds shall be distributed to the next unfunded applications.
1234	Section 40. The amendment of subsection (4) of s. 290.044,
1235	Florida Statutes, by this act shall expire on July 1, 2004, and
1236	the text of that subsection shall revert to that in existence on
1237	June 30, 2003, except that any amendments to such text enacted
1238	other than by this act shall be preserved and continue to
1239	operate to the extent that such amendments are not dependent
1240	upon the portions of such text which expire pursuant to the
1241	provisions of this act.
1242	Section 41. In order to implement Specific Appropriations
1243	2863-2931A of the 2003-2004 General Appropriations Act, section
1244	15.09, Florida Statutes, is amended to read:
1245	15.09 Fees.--
1246	(1) The fees, except as provided by law, to be collected
1247	by the Department of State, are:
1248	(a) For searching of papers or records, $3.50, except that
1249	there shall be no charge for telephone requests for general
1250	corporate information, including the corporation's status, names
1251	of officers and directors, address of principal place of
1252	business, and name and address of resident agent.
1253	(b) For providing a certificate with seal, $8.75; however,
1254	no fee shall be charged for providing a certificate with seal to
1255	any officer appointed to an office requiring Senate
1256	confirmation.
1257	(c) For furnishing statistical information and for copying
1258	any document not mentioned, $1 per page or fraction thereof.
1259	(2) The department may in its discretion establish a
1260	reasonable fee for filing or copying any document or instrument
1261	not mentioned herein or provided for in other laws.
1262	(3) All fees arising from certificates of election or
1263	appointment to office and from commissions to officers shall be
1264	paid to the Treasurer for deposit in the General Revenue Fund.
1265	(4) All funds collected by the Division of Corporations of
1266	the department shall be deposited in the Corporations Trust
1267	Fund.
1268	(5)(a) There is created within the Department of State a
1269	Public Access Data Systems Trust Fund, which shall be used by
1270	the department to purchase information systems and equipment
1271	that provide greater public accessibility to the information and
1272	records maintained by it. Notwithstanding any other provision of
1273	law, the Divisions of Licensing, Elections, and Corporations of
1274	the department shall transfer each fiscal year to the Public
1275	Access Data Systems Trust Fund from their respective trust
1276	funds:
1277	1. An amount equal to 2 percent of all revenues received
1278	for the processing of documents, filings, or information
1279	requests.
1280	2. All public access network revenues collected pursuant
1281	to s. 15.16 or s. 119.085.
1282	(b) Funds from the Public Access Data Systems Trust Fund
1283	may be appropriated for the operations of the department.
1284	Section 42. The amendment of s. 15.09, Florida Statutes,
1285	by this act shall expire on July 1, 2004, and the text of that
1286	section shall revert to that in existence on June 30, 2003,
1287	except that any amendments to such text enacted other than by
1288	this act shall be preserved and continue to operate to the
1289	extent that such amendments are not dependent upon the portions
1290	of such text which expire pursuant to the provisions of this
1291	act.
1292	Section 43. In order to implement Specific Appropriations
1293	2863-2931A of the 2003-2004 General Appropriations Act,
1294	subsection (1) of section 265.2861, Florida Statutes, is amended
1295	to read:
1296	265.2861 Cultural Institutions Program; trust fund.--
1297	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
1298	Cultural Institutions Trust Fund to be administered by the
1299	Department of State for the purposes set forth in this section.
1300	and to support the following programs as follows:
1301	(a) For statewide arts grants, $2.7 million.
1302	(b) For arts in education and visiting arts programs,
1303	$250,000.
1304	(c) For the State Touring Program, $200,000. First
1305	priority for the issuance of State Touring Program grants shall
1306	be given to applicants that reside in counties with a population
1307	of 75,000 or less.
1308	(d) For local arts agencies or state service
1309	organizations, $400,000.
1310	(e)1. For the officially designated Art Museum of the
1311	State of Florida described in s. 1004.45, $2.2 million, and for
1312	state-owned cultural facilities assigned to the Department of
1313	State, which receive a portion of any operating funds from the
1314	Department of State and one of the primary purposes of which is
1315	the presentation of fine arts or performing arts, $500,000.
1316	2. For fiscal year 2001-2002 only, the provisions of
1317	subparagraph 1. relating to state-owned cultural facilities
1318	shall not be applicable. This subparagraph expires July 1, 2002.
1319
1320	The trust fund shall consist of moneys appropriated by the
1321	Legislature, moneys deposited pursuant to s. 607.1901(2), and
1322	moneys contributed to the fund from any other source.
1323	Section 44. The amendment of subsection (1) of s.
1324	265.2861, Florida Statutes, by this act shall expire on July 1,
1325	2004, and the text of that subsection shall revert to that in
1326	existence on June 30, 2003, except that any amendments to such
1327	text enacted other than by this act shall be preserved and
1328	continue to operate to the extent that such amendments are not
1329	dependent upon the portions of such text which expire pursuant
1330	to the provisions of this act.
1331	Section 45. In order to implement Specific Appropriations
1332	2863-2931A of the 2003-2004 General Appropriations Act,
1333	subsection (1) of section 267.0617, Florida Statutes, is amended
1334	to read:
1335	267.0617 Historic Preservation Grant Program.--
1336	(1) There is hereby created within the division the
1337	Historic Preservation Grant Program, which shall make grants of
1338	moneys appropriated by the Legislature, moneys deposited
1339	pursuant to s.ss. 550.0351(2) and 607.1901(2)(g), and moneys
1340	contributed for that purpose from any other source. The program
1341	funds shall be used by the division for the purpose of financing
1342	grants in furtherance of the purposes of this section.
1343	Section 46. The amendment of subsection (1) of s.
1344	267.0617, Florida Statutes, by this act shall expire on July 1,
1345	2004, and the text of that subsection shall revert to that in
1346	existence on June 30, 2003, except that any amendments to such
1347	text enacted other than by this act shall be preserved and
1348	continue to operate to the extent that such amendments are not
1349	dependent upon the portions of such text which expire pursuant
1350	to the provisions of this act.
1351	Section 47. In order to implement Specific Appropriations
1352	2863-2931A of the 2003-2004 General Appropriations Act,
1353	subsection (2) of section 607.1901, Florida Statutes, is amended
1354	to read:
1355	607.1901 Corporations Trust Fund creation; transfer of
1356	funds.--
1357	(2)(a) The Legislature shall appropriate from the fund
1358	such amounts as it deems necessary for the operation of the
1359	division.
1360	(b) An amount equal to 2.9 percent of all moneys deposited
1361	each month in the fund is transferred to the Corporation Tax
1362	Administration Trust Fund created pursuant to s. 213.31.
1363	(c) In the last six months of any fiscal year, an amount
1364	equal to 43 percent of all moneys deposited each month into the
1365	fund is transferred to the General Revenue Fund.
1366	(d) The division shall transfer from the trust fund to the
1367	Cultural Institutions Trust Fund, quarterly, the amount of $10
1368	from each corporate annual report fee collected by the division
1369	and prorations transferring $8 million each fiscal year, to be
1370	used as provided in s. 265.2861. Effective October 1, 2001, an
1371	additional $2 million each fiscal year shall be transferred from
1372	the Corporations Trust Fund to the Cultural Institutions Trust
1373	Fund to be used as provided in s. 265.2861. The additional $2
1374	million is contingent upon the receipt of corresponding revenues
1375	collected under s. 55.209, as created by this act.
1376	(e) The division shall transfer from the trust fund to the
1377	Cultural Institutions Trust Fund, quarterly, prorations
1378	transferring $250,000 each fiscal year, to be used as provided
1379	in s. 265.609.
1380	(f) The division shall transfer from the trust fund to the
1381	Cultural Institutions Trust Fund, quarterly, prorations
1382	transferring $550,000 each fiscal year, to be used as provided
1383	in s. 265.608.
1384	(g) The division shall transfer from the trust fund to the
1385	Historical Resources Operating Trust Fund, quarterly, prorations
1386	transferring $2 million each fiscal year, to be used as provided
1387	in s. 267.0617.
1388	(h) The division shall transfer from the trust fund to the
1389	Historical Resources Operating Trust Fund, quarterly, prorations
1390	transferring $1.5 million each fiscal year, to be used as
1391	provided in s. 267.0619.
1392	(i) Effective October 1, 2001, the division shall transfer
1393	from the trust fund to the department's Grants and Donations
1394	Trust Fund quarterly prorations equaling not more than $1.6
1395	million each fiscal year, to be used in the provision of
1396	services under s. 288.816. The transfer of $1.6 million is
1397	contingent upon the receipt of corresponding revenues collected
1398	under s. 55.209, as created by this act.
1399	Section 48. The amendment of subsection (2) of s.
1400	607.1901, Florida Statutes, by this act shall expire on July 1,
1401	2004, and the text of that subsection shall revert to that in
1402	existence on June 30, 2003, except that any amendments to such
1403	text enacted other than by this act shall be preserved and
1404	continue to operate to the extent that such amendments are not
1405	dependent upon the portions of such text which expire pursuant
1406	to the provisions of this act.
1407	Section 49. In order to implement Specific Appropriations
1408	2863-2931A of the 2003-2004 General Appropriations Act, section
1409	607.19011, Florida Statutes, is amended to read:
1410	607.19011 Corporations Trust Fund; deposit and use of
1411	revenues collected in accordance with ch. 95-242.--All revenues
1412	collected in accordance with this act shall be deposited into
1413	the Corporations Trust Fund of the Department of State and shall
1414	be used in furtherance of the Department of State's cultural and
1415	historic preservation programs and other activitiesas the
1416	Legislature may direct.
1417	Section 50. The amendment of s. 607.19011, Florida
1418	Statutes, by this act shall expire on July 1, 2004, and the text
1419	of that section shall revert to that in existence on June 30,
1420	2003, except that any amendments to such text enacted other than
1421	by this act shall be preserved and continue to operate to the
1422	extent that such amendments are not dependent upon the portions
1423	of such text which expire pursuant to the provisions of this
1424	act.
1425	Section 51. In order to implement Specific Appropriation
1426	2014 of the 2003-2004 General Appropriations Act, section
1427	402.3017, Florida Statutes, is amended to read:
1428	402.3017 Teacher Education and Compensation Helps (TEACH)
1429	scholarship program.--
1430	(1) The Legislature finds that the level of early child
1431	care teacher education and training is a key predictor for
1432	determining program quality. The Legislature also finds that low
1433	wages for child care workers prevent many from obtaining
1434	increased training and education and contribute to high turnover
1435	rates. The Legislature therefore intends to help fund a program
1436	which links teacher training and education to compensation and
1437	commitment to the field of early childhood education.
1438	(2) The Department of Children and Family Services is
1439	authorized to contract for the administration of the Teacher
1440	Education and Compensation Helps (TEACH) scholarship program,
1441	which provides educational scholarships to caregivers and
1442	administrators of early childhood programs, family day care
1443	homes, and large family child care homes.
1444	(3) The department shall adopt rules as necessary to
1445	implement this section.
1446	(4) For the 2003-20042002-2003fiscal year only, the
1447	Agency for Workforce Innovation shall administer this section.
1448	This subsection expires July 1, 20042003.
1449	Section 52. In order to implement Specific Appropriation
1450	2014 of the 2003-2004 General Appropriations Act, subsection
1451	(13) of section 411.01, Florida Statutes, is amended to read:
1452	411.01 Florida Partnership for School Readiness; school
1453	readiness coalitions.--
1454	(13) PLACEMENTS.--Notwithstanding any other provision of
1455	this section to the contrary, and for fiscal year 2003-2004
1456	2002-2003only, the first children to be placed in the school
1457	readiness program shall be those from families receiving
1458	temporary cash assistance and subject to federal work
1459	requirements. Subsequent placements shall be pursuant to the
1460	provisions of this section. This subsection expires July 1, 2004
1461	2003.
1462	Section 53. In order to implement Specific Appropriation
1463	12C of the 2003-2004 General Appropriations Act, subsection (7)
1464	is added to section 1013.62, Florida Statutes, to read:
1465	1013.62 Charter schools capital outlay funding.--
1466	(7) For the 2003-2004 fiscal year only, and
1467	notwithstanding subsection (1), funds for charter school capital
1468	outlay shall be distributed by the Department of Education as
1469	provided in the General Appropriations Act.
1470	Section 54. In order to implement Specific Appropriations
1471	584-601A of the 2003-2004 General Appropriations Act, subsection
1472	(7) of section 1009.66, Florida Statutes, as amended by section
1473	71 of chapter 2002-402, Laws of Florida, and section 3 of
1474	chapter 2002-400, Laws of Florida, is amended to read:
1475	1009.66 Nursing Student Loan Forgiveness Program.--
1476	(7)(a)Funds contained in the Nursing Student Loan
1477	Forgiveness Trust Fund which are to be used for loan forgiveness
1478	for those nurses employed by hospitals, birth centers, and
1479	nursing homes must be matched on a dollar-for-dollar basis by
1480	contributions from the employing institutions, except that this
1481	provision shall not apply to state-operated medical and health
1482	care facilities, public schools, county health departments,
1483	federally sponsored community health centers, teaching hospitals
1484	as defined in s. 408.07, family practice teaching hospitals as
1485	defined in s. 395.805, or specialty hospitals for children as
1486	used in s. 409.9119. An estimate of the annual trust fund
1487	dollars shall be made at the beginning of the fiscal year based
1488	on historic expenditures from the trust fund. Applicant requests
1489	shall be reviewed on a quarterly basis, and applicant awards
1490	shall be based on the following priority of employer until all
1491	such estimated trust funds are awarded: state-operated medical
1492	and health care facilities; public schools; county health
1493	departments; federally sponsored community health centers;
1494	teaching hospitals as defined in s. 408.07; family practice
1495	teaching hospitals as defined in s. 395.805; specialty hospitals
1496	for children as used in s. 409.9119; and other hospitals, birth
1497	centers, and nursing homes.
1498	(b) All Nursing Student Loan Forgiveness Trust Fund moneys
1499	shall be invested pursuant to s. 18.125. Interest income
1500	accruing to that portion of the trust fund not matched shall
1501	increase the total funds available for loan forgiveness and
1502	scholarships. Pledged contributions shall not be eligible for
1503	matching prior to the actual collection of the total private
1504	contribution for the year.
1505	Section 55. The amendment of subsection (7) of s. 1009.66,
1506	Florida Statutes, by this act shall expire on July 1, 2004, and
1507	the text of that subsection shall revert to that in existence on
1508	June 30, 2003, except that any amendments to such text enacted
1509	other than by this act shall be preserved and continue to
1510	operate to the extent that such amendments are not dependent
1511	upon the portions of such text which expire pursuant to the
1512	provisions of this act.
1513	Section 56. In order to implement Specific Appropriation
1514	477 of the 2003-2004 General Appropriations Act, subsection (3)
1515	of section 385.207, Florida Statutes, as amended by section 73
1516	of chapter 2002-402, Laws of Florida, is amended to read:
1517	385.207 Care and assistance of persons with epilepsy;
1518	establishment of programs in epilepsy control.--
1519	(3) Revenue for statewide implementation of programs for
1520	epilepsy prevention and education pursuant to this section shall
1521	be derived pursuant to the provisions of s. 318.21(6) and shall
1522	be deposited in the Epilepsy Services Trust Fund, which is
1523	hereby established to be administered by the Department of
1524	Health. All funds deposited into the trust fund shall be
1525	invested pursuant to the provisions of s. 18.125. Interest
1526	income accruing to such invested funds shall increase the total
1527	funds available under this subsection.
1528	Section 57. The amendment of subsection (3) of s. 385.207,
1529	Florida Statutes, by this act shall expire on July 1, 2004, and
1530	the text of that subsection shall revert to that in existence on
1531	June 30, 2003, except that any amendments to such text enacted
1532	other than by this act shall be preserved and continue to
1533	operate to the extent that such amendments are not dependent
1534	upon the portions of such text which expire pursuant to the
1535	provisions of this act.
1536	Section 58. In order to implement Specific Appropriations
1537	1335-1339 of the 2003-2004 General Appropriations Act, section
1538	570.544, Florida Statutes, is amended to read:
1539	570.544 Division of Consumer Services; director; powers;
1540	processing of complaints;records.--
1541	(1) The director of the Division of Consumer Services
1542	shall be appointed by and serve at the pleasure of the
1543	commissioner.
1544	(2) The Division of Consumer Services may:
1545	(a) Conduct studies and make analyses of matters affecting
1546	the interests of consumers.
1547	(b) Study the operation of laws for consumer protection.
1548	(c) Advise and make recommendations to the various state
1549	agencies concerned with matters affecting consumers.
1550	(d) Assist, advise, and cooperate with local, state, or
1551	federal agencies and officials in order to promote the interests
1552	of consumers.
1553	(e) Make use of the testing and laboratory facilities of
1554	the department for the detection of consumer fraud.
1555	(f) Report to the appropriate law enforcement officers any
1556	information concerning violation of consumer protection laws.
1557	(g) Assist, develop, and conduct programs of consumer
1558	education and consumer information through publications and
1559	other informational and educational material prepared for
1560	dissemination to the public, in order to increase the competence
1561	of consumers.
1562	(h) Organize and hold conferences on problems affecting
1563	consumers.
1564	(i) Recommend programs to encourage business and industry
1565	to maintain high standards of honesty, fair business practices,
1566	and public responsibility in the production, promotion, and sale
1567	of consumer goods and services.
1568	(3) In addition to the powers, duties, and
1569	responsibilities authorized by this or any other chapter, the
1570	Division of Consumer Services shall serve as a clearinghouse for
1571	matters relating to consumer protection, consumer information,
1572	and consumer services generally. It shall receive complaints and
1573	grievances from consumers and promptly transmit them to that
1574	agency most directly concerned in order that the complaint or
1575	grievance may be expeditiously handled in the best interests of
1576	the complaining consumer. If no agency exists, the Division of
1577	Consumer Services shall seek a settlement of the complaint using
1578	formal or informal methods of mediation and conciliation and may
1579	seek any other resolution of the matter in accordance with its
1580	jurisdiction.
1581	(4) If any complaint received by the Division of Consumer
1582	Services concerns matters which involve concurrent jurisdiction
1583	in more than one agency, duplicate copies of the complaint shall
1584	be referred to those offices deemed to have concurrent
1585	jurisdiction.
1586	(3)(5)(a) Any agency, office, bureau, division, or board
1587	of state government receiving a complaint which deals with
1588	consumer fraud or consumer protection and which is not within
1589	the jurisdiction of the receiving agency, office, bureau,
1590	division, or board originally receiving it, shall immediately
1591	refer the complaint to the Division of Consumer Services.
1592	(b) Upon receipt of such a complaint, the Division of
1593	Consumer Services shall make a determination of the proper
1594	jurisdiction to which the complaint relates and shall
1595	immediately refer the complaint to the agency, office, bureau,
1596	division, or board which does have the proper regulatory or
1597	enforcement authority to deal with it.
1598	(6)(a) The office or agency to which a complaint has been
1599	referred shall within 30 days acknowledge receipt of the
1600	complaint and report on the disposition made of the complaint.
1601	In the event a complaint has not been disposed of within 30
1602	days, the receiving office or agency shall file progress reports
1603	with the Division of Consumer Services no less frequently than
1604	30 days until final disposition.
1605	(b) The report shall contain at least the following
1606	information:
1607	1. A finding of whether the receiving agency has
1608	jurisdiction of the subject matter involved in the complaint.
1609	2. Whether the complaint is deemed to be frivolous, sham,
1610	or without basis in fact or law.
1611	3. What action has been taken and a report on whether the
1612	original complainant was satisfied with the final disposition.
1613	4. Any recommendation regarding needed changes in law or
1614	procedure which in the opinion of the reporting agency or office
1615	will improve consumer protection in the area involved.
1616	(7)(a) If the office or agency receiving a complaint fails
1617	to file a report as contemplated in this section, that failure
1618	shall be construed as a denial by the receiving office or agency
1619	that it has jurisdiction of the subject matter contained in the
1620	complaint.
1621	(b) If an office or agency receiving a complaint
1622	determines that the matter presents a prima facie case for
1623	criminal prosecution or if the complaint cannot be settled at
1624	the administrative level, the complaint together with all
1625	supporting evidence shall be transmitted to the Department of
1626	Legal Affairs or other appropriate enforcement agency with a
1627	recommendation for civil or criminal action warranted by the
1628	evidence.
1629	(4)(8)The records of the Division of Consumer Services
1630	are public records. However, customer lists, customer names, and
1631	trade secrets are confidential and exempt from the provisions of
1632	s. 119.07(1). Disclosure necessary to enforcement procedures
1633	shall not be construed as violative of this prohibition.
1634	(5)(9)It shall be the duty of the Division of Consumer
1635	Services to maintain records and compile summaries and analyses
1636	of consumer complaints under its jurisdictionand their eventual
1637	disposition, which data may serve as a basis for recommendations
1638	to the Legislature and to state regulatory agencies.
1639	Section 59. The amendment of s. 570.544, Florida Statutes,
1640	by this act shall expire on July 1, 2004, and the text of that
1641	section shall revert to that in existence on June 30, 2003,
1642	except that any amendments to such text enacted other than by
1643	this act shall be preserved and continue to operate to the
1644	extent that such amendments are not dependent upon the portions
1645	of such text which expire pursuant to the provisions of this
1646	act.
1647	Section 60. In order to implement Specific Appropriations
1648	1335-1339 of the 2003-2004 General Appropriations Act, section
1649	526.3135, Florida Statutes, is amended to read:
1650	526.3135 Reports by the Division of Standards.--The
1651	Division of Standards is directed to compile a report pursuant
1652	to s. 570.544 of all complaints received by the Department of
1653	Agriculture and Consumer Services pursuant to this act. Such
1654	report shall contain at least the information required by s.
1655	570.544(6)(b)2.-4. and shallbe presented to the Speaker of the
1656	House of Representatives and the President of the Senate no
1657	later than January 1 of each year.
1658	Section 61. The amendment of s. 526.3135, Florida
1659	Statutes, by this act shall expire on July 1, 2004, and the text
1660	of that section shall revert to that in existence on June 30,
1661	2003, except that any amendments to such text enacted other than
1662	by this act shall be preserved and continue to operate to the
1663	extent that such amendments are not dependent upon the portions
1664	of such text which expire pursuant to the provisions of this
1665	act.
1666	Section 62. In order to implement Specific Appropriations
1667	1335-1339 of the 2003-2004 General Appropriations Act,
1668	subsection (2) of section 559.921, Florida Statutes, is amended
1669	to read:
1670	559.921 Remedies.--
1671	(2) The department shall referprocess consumer complaints
1672	to the Division of Consumer Servicesaccording to ss. 570.07 and
1673	570.544.
1674	Section 63. The amendment of subsection (2) of s. 559.921,
1675	Florida Statutes, by this act shall expire on July 1, 2004, and
1676	the text of that subsection shall revert to that in existence on
1677	June 30, 2003, except that any amendments to such text enacted
1678	other than by this act shall be preserved and continue to
1679	operate to the extent that such amendments are not dependent
1680	upon the portions of such text which expire pursuant to the
1681	provisions of this act.
1682	Section 64. In order to implement Specific Appropriation
1683	2545 of the 2003-2004 General Appropriations Act, effective July
1684	1, 2003, transfers shall occur as described in legislation that
1685	becomes law reorganizing the Office of the Auditor General and
1686	the Office of Program Policy Analysis and Government
1687	Accountability into the Office of Government Accountability. If
1688	such legislation does not become law, all powers, duties,
1689	functions, records, personnel, property, and unexpended balances
1690	of appropriations, allocations, and other funds of the Office of
1691	Program Policy Analysis and Government Accountability are
1692	transferred by a type two transfer, as defined in s. 20.06,
1693	Florida Statutes, to the Office of the Auditor General.
1694	Consistent with the provisions of s. 11.45(4)(a), Florida
1695	Statutes, and notwithstanding any other provision of law to the
1696	contrary, the Auditor General shall, within the funding
1697	provided, determine which duties and responsibilities assigned
1698	by law to the Office of Program Policy Analysis and Government
1699	Accountability shall be provided during the 2003-2004 fiscal
1700	year. This section expires July 1, 2004.
1701	Section 65. In order to implement Specific Appropriation
1702	2545 of the 2003-2004 General Appropriations Act, effective July
1703	1, 2003, all powers, duties, functions, records, personnel,
1704	property, and unexpended balances of appropriations,
1705	allocations, and other funds of the Council for Education Policy
1706	Research and Improvement are transferred by a type two transfer,
1707	as defined in s. 20.06, Florida Statutes, to the Office of the
1708	Auditor General. Notwithstanding the provisions of s. 1008.51,
1709	Florida Statutes, all powers, duties, funding, and functions of
1710	the Council for Education Policy Research and Improvement are
1711	suspended for the 2003-2004 fiscal year. The Auditor General
1712	may, within the funding provided, provide policy research and
1713	analysis of education issues. This section expires July 1, 2004.
1714	Section 66. A section of this act that implements a
1715	specific appropriation or specifically identified proviso
1716	language in the 2003-2004 General Appropriations Act is void if
1717	the specific appropriation or specifically identified proviso
1718	language is vetoed. A section of this act that implements more
1719	than one specific appropriation or more than one portion of
1720	specifically identified proviso language in the 2003-2004
1721	General Appropriations Act is void if all the specific
1722	appropriations or portions of specifically identified proviso
1723	language are vetoed.
1724	Section 67. If any other act passed in 2003 contains a
1725	provision that is substantively the same as a provision in this
1726	act, but that removes or is otherwise not subject to the future
1727	repeal applied to such provision by this act, the Legislature
1728	intends that the provision in the other act shall take
1729	precedence and shall continue to operate, notwithstanding the
1730	future repeal provided by this act.
1731	Section 68. The agency performance measures and standards
1732	in the document entitled "Florida's Budget 2003 Agency
1733	Performance Measures and Standards Approved by the Legislature
1734	for Fiscal Year 2003-04" dated March 24, 2003, and filed with
1735	the Clerk of the House of Representatives are incorporated by
1736	reference. Such performance measures and standards are directly
1737	linked to the appropriations made in the General Appropriations
1738	Act for fiscal year 2003-2004, as required by the Government
1739	Performance and Accountability Act of 1994. State agencies are
1740	directed to revise their long-range program plans required under
1741	s. 216.013, Florida Statutes, to be consistent with these
1742	performance measures and standards.
1743	Section 69. If any provision of this act or its
1744	application to any person or circumstance is held invalid, the
1745	invalidity shall not affect other provisions or applications of
1746	the act which can be given effect without the invalid provision
1747	or application, and to this end the provisions of this act are
1748	declared severable.
1749	Section 70. Except as otherwise provided in this act, this
1750	act shall take effect July 1, 2003; or, in the event this act
1751	fails to become a law until after that date, it shall take
1752	effect upon becoming a law and shall operate retroactively to
1753	July 1, 2003.