HOUSE AMENDMENT Bill No. SB 2502
1	CHAMBER ACTION
2	Senate House
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12	Representative Kyle offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. It is the intent of the Legislature that the
17	implementing and administering provisions of this act apply to
18	the General Appropriations Act for fiscal year 2003-2004.
19	Section 2. In order to implement Specific Appropriations
20	7-11, 123-128, and 130 of the 2003-2004 General Appropriations
21	Act:
22	(1) Effective July 1, 2003, each university that has not
23	made the transition from the state accounting system (FLAIR)
24	shall utilize the state accounting system for fiscal year 2003-
25	2004 but is not required to provide funds to the Department of
26	Financial Services for its utilization.
27	(2) Notwithstanding the provisions of ss. 216.181,
28	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
29	216.351, Florida Statutes, funds appropriated or reappropriated
30	to the state universities in the 2003-2004 General
31	Appropriations Act, or any other act passed by the 2003
32	Legislature containing appropriations, shall be distributed to
33	each university according to the 2003-2004 fiscal year operating
34	budget approved by the university board of trustees. Each
35	university board of trustees shall have authority to amend the
36	operating budget as circumstances warrant. The operating budget
37	may utilize traditional appropriation categories or it may
38	consolidate the appropriations into a special category
39	appropriation account. The Chief Financial Officer, upon the
40	request of the university board of trustees, shall record by
41	journal transfer the distribution of the appropriated funds and
42	releases according to the approved operating budget to the
43	appropriation accounts established for disbursement purposes for
44	each university within the state accounting system (FLAIR).
45	(3) Notwithstanding the provisions of ss. 216.181,
46	216.292, 1004.22, and 1011.4105, Florida Statutes, and pursuant
47	to s. 216.351, Florida Statutes, each university board of
48	trustees shall include in an approved operating budget the
49	revenue in trust funds supported by student and other fees as
50	well as the trust funds within the Contract, Grants, and
51	Donations, Auxiliary Enterprises, and Sponsored Research budget
52	entities. The university board of trustees shall have the
53	authority to amend the operating budget as circumstances
54	warrant. The operating budget may utilize traditional
55	appropriation categories or it may consolidate the trust fund
56	spending authority into a special category appropriation
57	account. The Chief Financial Officer, upon the request of the
58	university board of trustees, shall record the distribution of
59	the trust fund spending authority and releases according to the
60	approved operating budget to the appropriation accounts
61	established for disbursement purposes for each university within
62	the state accounting system (FLAIR).
63	(4) This section expires July 1, 2004.
64	Section 3. In order to implement Specific Appropriations
65	426-441 of the 2003-2004 General Appropriations Act, paragraph
66	(b) of subsection (1) of section 430.204, Florida Statutes, is
67	amended to read:
68	430.204 Community-care-for-the-elderly core services;
69	departmental powers and duties.--
70	(1)
71	(b) For fiscal year 2003-20042002-2003only, the
72	department shall fund, through each area agency on aging in each
73	county as defined in s. 125.011(1), more than one community care
74	service system the primary purpose of which is the prevention of
75	unnecessary institutionalization of functionally impaired
76	elderly persons through the provision of community-based core
77	services. This paragraph expires July 1, 20042003.
78	Section 4. In order to implement Specific Appropriations
79	426-441 of the 2003-2004 General Appropriations Act, paragraph
80	(b) of subsection (1) of section 430.205, Florida Statutes, is
81	amended to read:
82	430.205 Community care service system.--
83	(1)
84	(b) For fiscal year 2003-20042002-2003only, the
85	department shall fund, through the area agency on aging in each
86	county as defined in s. 125.011(1), more than one community care
87	service system that provides case management and other in-home
88	and community services as needed to help elderly persons
89	maintain independence and prevent or delay more costly
90	institutional care. This paragraph expires July 1, 20042003.
91	Section 5. In order to implement Specific Appropriations
92	274-276 of the 2003-2004 General Appropriations Act, subsection
93	(12) of section 216.292, Florida Statutes, is amended to read:
94	216.292 Appropriations nontransferable; exceptions.--
95	(12) For the 2003-20042002-2003 fiscal year only,and
96	notwithstanding the other provisions of this section, the
97	Department of Children and Family Services may transfer funds
98	within the family safety program identified in the General
99	Appropriations Act from identical funding sources between the
100	following appropriation categories without limitation as long as
101	such a transfer does not result in an increase to the total
102	recurring general revenue or trust fund cost of the agency in
103	the subsequent fiscal year: adoption services and subsidy;
104	family foster care; and emergency shelter care. Such transfers
105	must be consistent with legislative policy and intent and must
106	not adversely affect achievement of approved performance
107	outcomes or outputs in the family safety program. Notice of
108	proposed transfers under this authority must be provided to the
109	Executive Office of the Governor and the chairs of the
110	legislative appropriations committees at least 5 working days
111	before their implementation. This subsection expires July 1,
112	20042003.
113	Section 6. In order to implement Specific Appropriation
114	357 of the 2003-2004 General Appropriations Act, subsection (4)
115	of section 561.121, Florida Statutes, is amended to read:
116	561.121 Deposit of revenue.--
117	(4)(a)State funds collected pursuant to s. 561.501 shall
118	be paid into the State Treasury and credited to the following
119	accounts:
120	1.(a)Twenty-seven and two-tenths percent of the surcharge
121	on the sale of alcoholic beverages for consumption on premises
122	shall be transferred to the Children and Adolescents Substance
123	Abuse Trust Fund, which shall remain with the Department of
124	Children and Family Services for the purpose of funding programs
125	directed at reducing and eliminating substance abuse problems
126	among children and adolescents.
127	2.(b)The remainder of collections shall be credited to
128	the General Revenue Fund.
129	(b) For the 2003-2004 fiscal year only, and
130	notwithstanding the provisions of subparagraph (a)1., moneys in
131	the Children and Adolescents Substance Abuse Trust Fund may also
132	be used for the purpose of funding programs directed at reducing
133	and eliminating substance abuse problems among adults. This
134	paragraph expires July 1, 2004.
135	Section 7. In order to implement Specific Appropriations
136	265-268, 268B, 270A-272, and 274-277, paragraph (b) of
137	subsection (1) of section 409.1671, Florida Statutes, is amended
138	to read:
139	409.1671 Foster care and related services;
140	privatization.--
141	(1)
142	(b) It is the intent of the Legislature that the
143	department will continue to work towards full privatization by
144	initiating the competitive procurement process in each county by
145	January 1, 2003. In order to provide for an adequate transition
146	period to develop the necessary administrative and service
147	delivery capacity in each community, the full transfer of all
148	foster care and related services must be completed statewide by
149	December 31, 2004. The department shall adopt by rule pursuant
150	to ss. 120.536(1) and 120.54 a methodology for determining and
151	transferring all available funds currently associated with the
152	services that are being furnished under contract. This
153	methodology must provide for the transfer of funds appropriated
154	and budgeted for all services and programs that have been
155	incorporated into this program, including furniture, equipment,
156	and administrative funds, to accomplish the transfer of these
157	programs. The funds appropriated for this program that are
158	distributed between the counties and the districts and to
159	community-based care providers in the state to provide child
160	protective services as contemplated in this subsection shall be
161	allocated pursuant to the terms of the rule. The rule shall
162	provide for a phased implementation of its provisions, and until
163	such time as the rule is finalized and adopted the department
164	shall allocate funds in the same proportion as the annualized
165	distribution of funds at the end of fiscal year 2002-2003.
166	Section 8. The amendment of paragraph (b) of subsection
167	(1) of s. 409.1671, Florida Statutes, by this act shall expire
168	on July 1, 2004, and the text of that paragraph shall revert to
169	that in existence on June 30, 2003, except that any amendments
170	to such text enacted other than by this act shall be preserved
171	and continue to operate to the extent that such amendments are
172	not dependent upon the portions of such text which expire
173	pursuant to the provisions of this act.
174	Section 9. In order to implement Specific Appropriation
175	269A of the 2003-2004 General Appropriations Act, subsection (7)
176	of section 409.1671, Florida Statutes, is amended to read:
177	409.1671 Foster care and related services;
178	privatization.--
179	(7) The department, in consultation with existing lead
180	agencies, shall develop a proposal regarding the long-term use
181	and structure of a statewide shared earnings program which
182	addresses the financial risk to eligible lead community-based
183	providers resulting from unanticipated caseload growth or from
184	significant changes in client mixes or services eligible for
185	federal reimbursement. The recommendations in the statewide
186	proposal must also be available to entities of the department
187	until the conversion to community-based care takes place. At a
188	minimum, the proposal must allow for use of federal earnings
189	received from child welfare programs, which earnings are
190	determined by the department to be in excess of the amount
191	appropriated in the General Appropriations Act, to be used for
192	specific purposes. These purposes include, but are not limited
193	to:
194	(a) Significant changes in the number or composition of
195	clients eligible to receive services.
196	(b) Significant changes in the services that are eligible
197	for reimbursement.
198	(c) Significant changes in the availability of federal
199	funds.
200	(d) Shortfalls in state funds available for eligible or
201	ineligible services.
202	(e) Significant changes in the mix of available funds.
203	(f) Scheduled or unanticipated, but necessary, advances to
204	providers or other cash-flow issues.
205	(g) Proposals to participate in optional Medicaid services
206	or other federal grant opportunities.
207	(h) Appropriate incentive structures.
208	(i) Continuity of care in the event of lead agency
209	failure, discontinuance of service, or financial misconduct.
210
211	The department shall further specify the necessary steps to
212	ensure the financial integrity of these dollars and their
213	continued availability on an ongoing basis. The final proposal
214	shall be submitted to the Legislative Budget Commission for
215	formal adoption before December 31, 2002. If the Legislative
216	Budget Commission refuses to concur with the adoption of the
217	proposal, the department shall present its proposal in the form
218	of recommended legislation to the President of the Senate and
219	the Speaker of the House of Representatives before the
220	commencement of the next legislative session. For fiscal year
221	2003-2004 and annually thereafter, the department of Children
222	and Family Servicesmay request in its legislative budget
223	request, and the Governor may recommend, the funding necessary
224	to carry out paragraph (i) from excess federal earnings. The
225	General Appropriations Act shall include any funds appropriated
226	for this purpose in a lump sum in the departmentAdministered
227	Funds Program, which funds constitute partial security for lead
228	agency contract performance. The department shall use this
229	appropriation to offset the need for a performance bond for that
230	year after a comparison of risk to the funds available. In no
231	event shall this performance bond exceed 2.5 percent of the
232	annual contract value. The department may separately require a
233	bond to mitigate the financial consequences of potential acts of
234	malfeasance, misfeasance, or criminal violations by the
235	provider. Prior to the release of any funds in the lump sum, the
236	department shall submit a detailed operational plan, which must
237	identify the sources of specific trust funds to be used. The
238	release of the trust fund shall be subject to the notice and
239	review provisions of s. 216.177. However, the release shall not
240	require approval of the Legislative Budget Commission.
241	Section 10. The amendment of subsection (7) of s.
242	409.1671, Florida Statutes, by this act shall expire on July 1,
243	2004, and the text of that subsection shall revert to that in
244	existence on June 30, 2003, except that any amendments to such
245	text enacted other than by this act shall be preserved and
246	continue to operate to the extent that such amendments are not
247	dependent upon the portions of such text which expire pursuant
248	to the provisions of this act.
249	Section 11. In order to implement Specific Appropriations
250	324-357A of the 2003-2004 General Appropriations Act, subsection
251	(8) of section 394.908, Florida Statutes, is amended to read:
252	394.908 Substance abuse and mental health funding equity;
253	distribution of appropriations.--In recognition of the
254	historical inequity among service districts of the former
255	Department of Health and Rehabilitative Services in the funding
256	of substance abuse and mental health services, and in order to
257	rectify this inequity and provide for equitable funding in the
258	future throughout the state, the following funding process shall
259	be adhered to:
260	(8) For fiscal year 2003-20042002-2003only, and
261	notwithstanding the provisions of this section, all new funds
262	received in excess of fiscal year 2002-20032001-2002recurring
263	appropriations shall be allocated in accordance with the
264	provisions of the General Appropriations Act; however, no
265	district shall receive an allocation of recurring funds less
266	than its initial approved operating budget, plus any
267	distributions of lump sum appropriations or reductions in
268	unfunded budget, for fiscal year 2002-20032001-2002. This
269	subsection expires July 1, 20042003.
270	Section 12. In order to implement Specific Appropriation
271	415 of the 2003-2004 General Appropriations Act, for the 2003-
272	2004 fiscal year only, and notwithstanding the provisions of s.
273	287.057, Florida Statutes, the Department of Children and Family
274	Services is authorized to procure contractual services to
275	outsource the operation of the Northeast Florida State Hospital
276	with a qualified vendor with experience in operating a mental
277	health treatment facility in this state. This section expires
278	July 1, 2004.
279	Section 13. In order to implement Specific Appropriation
280	519 of the 2003-2004 General Appropriations Act, paragraph (k)
281	of subsection (2) of section 381.0066, Florida Statutes, is
282	amended to read:
283	381.0066 Onsite sewage treatment and disposal systems;
284	fees.--
285	(2) The minimum fees in the following fee schedule apply
286	until changed by rule by the department within the following
287	limits:
288	(k) Research: An additional $5 fee shall be added to each
289	new system construction permit issued during fiscal years 1996-
290	20041996-2003to be used for onsite sewage treatment and
291	disposal system research, demonstration, and training projects.
292	Five dollars from any repair permit fee collected under this
293	section shall be used for funding the hands-on training centers
294	described in s. 381.0065(3)(j).
295
296	The funds collected pursuant to this subsection must be
297	deposited in a trust fund administered by the department, to be
298	used for the purposes stated in this section and ss. 381.0065
299	and 381.00655.
300	Section 14. In order to implement Specific Appropriation
301	477 of the 2003-2004 General Appropriations Act, subsection (6)
302	of section 385.207, Florida Statutes, is amended to read:
303	385.207 Care and assistance of persons with epilepsy;
304	establishment of programs in epilepsy control.--
305	(6) For the 2003-20042002-2003fiscal year only, funds in
306	the Epilepsy Services Trust Fund may be appropriated for
307	epilepsy case management services. This subsection expires July
308	1, 20042003.
309	Section 15. Consistent with the provisions of s. 216.163,
310	Florida Statutes, in accordance with performance-based program
311	budgeting requirements, and notwithstanding the provisions of s.
312	216.181, Florida Statutes, the Department of Law Enforcement may
313	transfer up to one-half of 1 percent of the funds in Specific
314	Appropriations 1118, 1139, 1148, 1156, 1168, 1170, 1175, 1181,
315	1190, and 1195 of the 2002-2003 General Appropriations Act for
316	salary bonuses for departmental employees at the discretion of
317	the executive director, provided that such bonuses are given
318	only to selected employees for meritorious performance, instead
319	of being given as across-the-board bonuses for all employees.
320	The department, after consultation with the Executive Office of
321	the Governor, shall provide a plan to the chairs of the
322	legislative appropriations committees responsible for producing
323	the General Appropriations Act for review before awarding such
324	bonuses. This section expires July 1, 2004.
325	Section 16. In order to implement Specific Appropriations
326	1118-1201 of the 2003-2004 General Appropriations Act,
327	subsection (17) of section 216.181, Florida Statutes, is amended
328	to read:
329	216.181 Approved budgets for operations and fixed capital
330	outlay.--
331	(17) Notwithstanding any other provision of this section
332	to the contrary, and for the 2003-20042002-2003fiscal year
333	only, the Department of Law Enforcement may transfer up to 20
334	positions and associated budget between budget entities,
335	provided the same funding source is used throughout each
336	transfer. The department may also transfer up to 10 percent of
337	the initial approved salary rate between budget entities,
338	provided the same funding source is used throughout each
339	transfer. The department must provide notice to the Executive
340	Office of the Governor, the chair of the Senate Budget
341	Committee, and the chair of the House Committee on Criminal
342	Justice Appropriations for all transfers of positions or salary
343	rate. This subsection expires July 1, 20042003.
344	Section 17. In order to implement proviso language
345	following Specific Appropriation 642 of the 2003-2004 General
346	Appropriations Act, the Correctional Privatization Commission
347	may expend appropriated funds to assist in defraying the costs
348	of impacts that are incurred by a municipality or county and
349	associated with opening or operating a facility under the
350	authority of the Correctional Privatization Commission or a
351	facility under the authority of the Department of Juvenile
352	Justice which is located within that municipality or county. The
353	amount that is to be paid under this section for any facility
354	may not exceed 1 percent of the facility construction cost, less
355	building impact fees imposed by the municipality or by the
356	county if the facility is located in the unincorporated portion
357	of the county. This section expires July 1, 2004.
358	Section 18. In order to implement Specific Appropriations
359	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
360	(b) of subsection (3) of section 16.555, Florida Statutes, is
361	amended to read:
362	16.555 Crime Stoppers Trust Fund; rulemaking.--
363	(3)
364	(b) For the 2003-20042002-2003 statefiscal year only,
365	and notwithstanding any provision of this section to the
366	contrary, moneys in the trust fund may also be used to pay for
367	salaries and benefits and other expenses of the department. This
368	paragraph expires July 1, 20042003.
369	Section 19. In order to implement Specific Appropriations
370	1202-1256 of the 2003-2004 General Appropriations Act, paragraph
371	(b) of subsection (2) of section 860.158, Florida Statutes, is
372	amended to read:
373	860.158 Florida Motor Vehicle Theft Prevention Trust
374	Fund.--
375	(2)
376	(b) For the 2003-20042002-2003fiscal year only, and
377	notwithstanding s. 320.08046, the use of funds allocated to the
378	Florida Motor Vehicle Theft Prevention Trust Fund may also be as
379	provided in the General Appropriations Act. This paragraph
380	expires July 1, 20042003.
381	Section 20. In order to implement Specific Appropriation
382	1164 of the 2003-2004 General Appropriations Act, paragraph (d)
383	of subsection (4) of section 932.7055, Florida Statutes, is
384	amended to read:
385	932.7055 Disposition of liens and forfeited property.--
386	(4)
387	(d) Notwithstanding any other provision of this
388	subsection, and for the 2003-20042002-2003fiscal year only,
389	the funds in a special law enforcement trust fund established by
390	the governing body of a municipality may be expended to
391	reimburse the general fund of the municipality for moneys
392	advanced from the general fund to the special law enforcement
393	trust fund prior to October 1, 2001. This paragraph expires July
394	1, 20042003.
395	Section 21. In order to implement Specific Appropriation
396	1394A of the 2003-2004 General Appropriations Act, paragraph (b)
397	of subsection (2) of section 581.184, Florida Statutes, is
398	amended to read:
399	581.184 Adoption of rules; citrus canker eradication;
400	voluntary destruction agreements.--
401	(2)
402	(b) Notwithstanding the provisions of paragraph (a), and
403	for the 2003-20042002-2003fiscal year only, notice of the
404	removal of infected citrus trees and citrus trees exposed to
405	infection, by immediate final order, shall be provided to the
406	owner of the property on which such trees are located. This
407	paragraph expires July 1, 20042003.
408	Section 22. In order to implement section 23 of the 2003-
409	2004 General Appropriations Act, paragraph (b) of subsection (2)
410	and subsection (6) of section 581.1845, Florida Statutes, are
411	amended to read:
412	581.1845 Citrus canker eradication; compensation to
413	homeowners whose trees have been removed.--
414	(2)
415	(b) Notwithstanding subparagraph (a)1., and for
416	compensation during the 2003-20042002-2003fiscal year only, to
417	be eligible to receive compensation under the program for
418	residential property where one or more citrus trees have been
419	removed on or after July 1, 2001, as part of a citrus canker
420	eradication program, a homeowner must be the homeowner of record
421	on the date the trees were removed. This paragraph expires July
422	1, 20042003.
423	(6) For the 2003-20042002-2003 fiscal year only,and
424	notwithstanding the $100-compensation amount specified in
425	subsection (3), the amount of compensation for each tree removed
426	from residential property by the citrus canker eradication
427	program shall be $55. This subsection expires July 1, 20042003.
428	Section 23. In order to implement Specific Appropriation
429	1700 of the 2003-2004 General Appropriations Act, subsection (2)
430	of section 215.981, Florida Statutes, is amended to read:
431	215.981 Audits of state agency direct-support
432	organizations and citizen support organizations.--
433	(2) Notwithstanding the provisions of subsection (1), and
434	for the 2003-20042002-2003fiscal year only, citizen support
435	organizations for the Department of Environmental Protection
436	that are not for profit and that have annual expenditures of
437	less than $100,000 are not required to have an independent
438	audit. This subsection expires July 1, 20042003.
439	Section 24. In order to implement Specific Appropriations
440	2804 and 2819 of the 2003-2004 General Appropriations Act,
441	subsection (4) of section 61.1826, Florida Statutes, is amended
442	to read:
443	61.1826 Procurement of services for State Disbursement
444	Unit and the non-Title IV-D component of the State Case
445	Registry; contracts and cooperative agreements; penalties;
446	withholding payment.--
447	(4) COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
448	contract between the Florida Association of Court Clerks and the
449	department, and cooperative agreements entered into by the
450	depositories and the department, must contain, but are not
451	limited to, the following terms:
452	(a) The initial term of the contract and cooperative
453	agreements is for 5 years. The subsequent term of the contract
454	and cooperative agreements is for 3 years, with the option of
455	two 1-year renewal periods, at the sole discretion of the
456	department.
457	(b) The duties and responsibilities of the Florida
458	Association of Court Clerks, the depositories, and the
459	department.
460	(c) Under s. 287.058(1)(a), all providers and
461	subcontractors shall submit to the department directly, or
462	through the Florida Association of Court Clerks, a report of
463	monthly expenditures in a format prescribed by the department
464	and in sufficient detail for a proper preaudit and postaudit
465	thereof.
466	(d) All providers and subcontractors shall submit to the
467	department directly, or through the Florida Association of Court
468	Clerks, management reports in a format prescribed by the
469	department.
470	(e) All subcontractors shall comply with chapter 280, as
471	may be required.
472	(f) Federal financial participation for eligible Title IV-
473	D expenditures incurred by the Florida Association of Court
474	Clerks and the depositories shall be at the maximum level
475	permitted by federal law for expenditures incurred for the
476	provision of services in support of child support enforcement in
477	accordance with 45 C.F.R. part 74 and Federal Office of
478	Management and Budget Circulars A-87 and A-122 and based on an
479	annual cost allocation study of each depository. The
480	depositories shall submit directly, or through the Florida
481	Association of Court Clerks, claims for Title IV-D expenditures
482	monthly to the department in a standardized format as prescribed
483	by the department. The Florida Association of Court Clerks shall
484	contract with a certified public accounting firm, selected by
485	the Florida Association of Court Clerks and the department, to
486	audit and certify quarterly to the department all claims for
487	expenditures submitted by the depositories for Title IV-D
488	reimbursement.
489	(g) Upon termination of the contracts between the
490	department and the Florida Association of Court Clerks or the
491	depositories, the Florida Association of Court Clerks, its
492	agents, and the depositories shall assist the department in
493	making an orderly transition to a private vendor.
494	(h) Interest on late payment by the department shall be in
495	accordance with s. 215.422.
496
497	If either the department or the Florida Association of Court
498	Clerks objects to a term of the standard cooperative agreement
499	or contract specified in subsections (2) and (3), the Chief
500	Financial Officer, with approval from the Governor and Cabinet,
501	shall appoint a third party todisputed term or terms shall be
502	presented jointly by the parties to the Attorney General or the
503	Attorney General's designee, who shall act as special master.
504	The special master shall resolve disputes between the department
505	and the Florida Association of Court Clerks related to
506	negotiation for and performance under the current contract and
507	any extended contract or subsequent contract. Additionally, the
508	special master shall resolve disputes relating to the
509	conformance of the state disbursement unit operations to the
510	recommendations in the audit performed by the chief financial
511	officer, or to any other audit duly conducted pursuant to state
512	or federal law.The special master shall resolve the dispute in
513	writing within 10 days. The resolution of a dispute by the
514	special master is binding on the department and the Florida
515	Association of Court Clerks.
516	Section 25. The amendment of subsection (4) of s. 61.1826,
517	Florida Statutes, by this act shall expire on July 1, 2004, and
518	the text of that subsection shall revert to that in existence on
519	June 30, 2003, except that any amendments to such text enacted
520	other than by this act shall be preserved and continue to
521	operate to the extent that such amendments are not dependent
522	upon the portions of such text which expire pursuant to the
523	provisions of this act.
524	Section 26. In order to implement Specific Appropriations
525	2592-2598A of the 2003-2004 General Appropriations Act,
526	subsection (4) of section 287.161, Florida Statutes, is amended
527	to read:
528	287.161 Executive aircraft pool; assignment of aircraft;
529	charge for transportation.--
530	(4) Notwithstanding the requirements of subsections (2)
531	and (3), and for the 2003-20042002-2003fiscal year only, the
532	Department of Management Services shall charge all persons
533	receiving transportation from the executive aircraft pool a rate
534	not less than the mileage allowance fixed by the Legislature for
535	the use of privately owned vehicles. Fees collected for persons
536	traveling by aircraft in the executive aircraft pool shall be
537	deposited into the Bureau of Aircraft Trust Fund and shall be
538	expended for costs incurred to operate the aircraft management
539	activities of the department. It is the intent of the
540	Legislature that the executive aircraft pool be operated on a
541	full cost recovery basis, less available funds. This subsection
542	expires July 1, 20042003.
543	Section 27. In order to implement Specific Appropriation
544	2636 of the 2003-2004 General Appropriations Act, subsection (2)
545	of section 110.116, Florida Statutes, is amended to read:
546	110.116 Personnel information system; payroll
547	procedures.--
548	(2) For the 2003-20042002-2003fiscal year only, and
549	notwithstanding the requirements of s. 215.94(5) that the
550	department design, implement, and operate the system and of s.
551	110.201(1)(e) that the individual employing agencies maintain
552	records and reports, the department is authorized to contract
553	with a vendor to provide the personnel information system for
554	state agencies. The vendor may assist the department in
555	compiling and reporting personnel data and may assist the
556	employing agencies in maintaining personnel records. This
557	subsection expires July 1, 20042003.
558	Section 28. In order to implement Specific Appropriation
559	2633A of the 2003-2004 General Appropriations Act, paragraph (a)
560	of subsection (1) of section 110.152, Florida Statutes, is
561	amended to read:
562	110.152 Adoption benefits for state employees; parental
563	leave.--
564	(1)(a)1. Any full-time or part-time employee of the state
565	who is paid from regular salary appropriations and who adopts a
566	special-needs child, as defined in paragraph (b), is eligible to
567	receive a monetary benefit in the amount of $10,000 per child,
568	$5,000 of which is payable in equal monthly installments over a
569	2-year period. Any employee of the state who adopts a child
570	whose permanent custody has been awarded to the Department of
571	Children and Family Services or to a Florida-licensed child-
572	placing agency, other than a special-needs child as defined in
573	paragraph (b), shall be eligible to receive a monetary benefit
574	in the amount of $5,000 per child, $2,000 of which is payable in
575	equal monthly installments over a 2-year period. Benefits paid
576	under this subsection to a part-time employee must be prorated
577	based on the employee's full-time-equivalency status at the time
578	of applying for the benefits.
579	2. For the 2003-20042002-2003fiscal year only, the
580	Department of Management Services is authorized to make lump-sum
581	payments for adoption benefits awarded during fiscal years 2000-
582	2001 and 2001-2002. This subparagraph expires July 1, 20042003.
583	Section 29. In order to implement Specific Appropriations
584	of funds in Salaries and Benefits categories of the 2003-2004
585	General Appropriations Act, and effective upon this act becoming
586	a law, section 110.2035, Florida Statutes, as amended by section
587	43 of chapter 2002-402, Laws of Florida, is amended to read:
588	110.2035 Classification and compensation program.--
589	(1) The Department of Management Services, in consultation
590	with the Executive Office of the Governor and the Legislature,
591	shall establish and maintaindevelopa classification and
592	compensation program addressing. This program shall be developed
593	for use by all state agencies and shall addressCareer Service,
594	Selected Exempt Service, and Senior Management Service positions
595	classes.
596	(2) The program shall consist of the following:
597	(a) A position classification system using no more than 38
598	50occupational groups and up to a 6-class series structure for
599	each occupation within an occupational group. Additional
600	occupational groups may be established only by the Executive
601	Office of the Governor after consultation with the Legislature.
602	(b) A pay plan that shall provide broad-based salary
603	ranges for each occupational group and shall consist of no more
604	than 25 pay bands.
605	(3) The following goals shall be considered in designing
606	and implementing and maintainingthe program:
607	(a) The classification system must significantly reduce
608	the need to reclassify positions due to work assignment and
609	organizational changes by decreasing the number of
610	classification changes required.
611	(b) The classification system must establish broad-based
612	classes allowing flexibility in organizational structure and
613	must reduce the levels of supervisory classes.
614	(c) The classification system and pay plan must emphasize
615	pay administration and job-performance evaluation by management
616	rather than emphasize use of the classification system to award
617	salary increases.
618	(d) The pay administration system must contain provisions
619	to allow managers the flexibility to move employees through the
620	pay ranges and provide for salary increase additives and lump-
621	sum bonuses, if authorized by the Legislature.
622	(4) The classification system shall be structured such
623	that each confidential, managerial, and supervisory employee
624	shall be included in the Selected Exempt Service, in accordance
625	with part V of this chapter.
626	(5) The Department of Management Services shall submit the
627	proposed design of the classification and compensation program
628	to the Executive Office of the Governor, the presiding officers
629	of the Legislature, and the appropriate legislative fiscal and
630	substantive standing committees on or before December 1, 2001.
631	(5)(6)The department shall establish, by rule, guidelines
632	with respect to, and shall delegate to the employing agencies,
633	where appropriate, the authority to administer the following:
634	(a) Shift differentials.
635	(b) On-call fees.
636	(c) Hazardous-duty pay.
637	(d) Advanced appointment rates.
638	(e) Salary increase and decrease corrections.
639	(f) Lead-worker pay.
640	(g) Temporary special duties pay.
641	(h) Trainer-additive pay.
642	(i) Competitive area differentials.
643	(j) Coordinator pay.
644	(k) Critical market pay.
645
646	The employing agency must use such pay additives as are
647	appropriate within the guidelines established by the department
648	and shall advise the department in writing of the plan for
649	implementing such pay additives prior to the implementation
650	date. Any action by an employing agency to implement temporary
651	special duties pay, competitive area differentials, or critical
652	market pay may be implemented only after the department has
653	reviewed and recommended such action; however, an employing
654	agency may use temporary special duties pay for up to 3 months
655	without prior review by the department. The department shall
656	annually provide a summary report of the pay additives
657	implemented pursuant to this section.
658	(6) The department shall adopt any rules necessary to
659	implement the classification and compensation program to include
660	Career Service, Selected Exempt Service, and Senior Management
661	Service positions consistent with the plan submitted to the
662	Legislature on December 1, 2001; however, the adopted plan shall
663	include pay bandwidths of 150 percent for each occupational
664	group except the manager and executive occupational groups. The
665	department may adopt emergency rules if necessary to implement
666	this program by July 1, 2003.
667	Section 30. The amendment of s. 110.2035, Florida
668	Statutes, by this act shall expire on July 1, 2004, and the text
669	of that section shall revert to that in existence on June 30,
670	2003, except that any amendments to such text enacted other than
671	by this act shall be preserved and continue to operate to the
672	extent that such amendments are not dependent upon the portions
673	of such text which expire pursuant to the provisions of this
674	act.
675	Section 31. In order to implement Specific Appropriation
676	1949B of the 2003-2004 General Appropriations Act, subsection
677	(7) of section 110.12315, Florida Statutes, is amended to read:
678	110.12315 Prescription drug program.--The state employees'
679	prescription drug program is established. This program shall be
680	administered by the Department of Management Services, according
681	to the terms and conditions of the plan as established by the
682	relevant provisions of the annual General Appropriations Act and
683	implementing legislation, subject to the following conditions:
684	(7) Under the state employees' prescription drug program
685	copayments must be made as follows:
686	(a) Effective January 1, 2001:
687	1. For generic drug with card $7.
688	2. For preferred brand name drug with card $20.
689	3. For nonpreferred brand name drug with card $35.
690	4. For generic mail order drug $10.50.
691	5. For preferred brand name mail order drug $30.
692	6. For nonpreferred brand name drug $52.50.
693	(b) The Department of Management Services shall create a
694	preferred brand name drug list to be used in the administration
695	of the state employees' prescription drug program.
696
697	This subsection expires July 1, 20042003.
698	Section 32. In order to implement Specific Appropriation
699	1949B of the 2003-2004 General Appropriations Act, section
700	110.1239, Florida Statutes, is amended to read:
701	110.1239 State group health insurance program
702	funding.--For the 2003-20042002-2003fiscal year only, it is
703	the intent of the Legislature that the state group health
704	insurance program be managed, administered, operated, and funded
705	in such a manner as to maximize the protection of state employee
706	health insurance benefits. Inherent in this intent is the
707	recognition that the health insurance liabilities attributable
708	to the benefits offered state employees should be fairly,
709	orderly, and equitably funded. Accordingly:
710	(1) The division shall determine the level of premiums
711	necessary to fully fund the state group health insurance program
712	for the next fiscal year. Such determination shall be made after
713	each Self-Insurance Estimating Conference as provided in s.
714	216.136(11), but not later than December 1 and April 1 of each
715	fiscal year.
716	(2) The Governor, in the Governor's recommended budget,
717	shall provide premium rates necessary for full funding of the
718	state group health insurance program, and the Legislature shall
719	provide in the General Appropriations Act for a premium level
720	necessary for full funding of the state group health insurance
721	program.
722	(3) For purposes of funding, any additional appropriation
723	amounts allocated to the state group health insurance program by
724	the Legislature shall be considered as a state contribution and
725	thus an increase in the state premiums.
726	(4) This section expires July 1, 20042003.
727	Section 33. In order to implement sections 2-7 of the
728	2003-2004 General Appropriations Act, paragraph (c) of
729	subsection (5) and paragraph (d) of subsection (6) of section
730	112.061, Florida Statutes, are amended to read:
731	112.061 Per diem and travel expenses of public officers,
732	employees, and authorized persons.--
733	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
734	purposes of reimbursement and methods of calculating fractional
735	days of travel, the following principles are prescribed:
736	(c) For the 2003-20042002-2003 fiscal year only,and
737	notwithstanding the other provisions of this subsection, for
738	Class C travel, a state traveler shall not be reimbursed on a
739	per diem basis nor shall a traveler receive subsistence
740	allowance. This paragraph expires July 1, 20042003.
741	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
742	purposes of reimbursement rates and methods of calculation, per
743	diem and subsistence allowances are divided into the following
744	groups and rates:
745	(d) For the 2003-20042002-2003 fiscal year only,and
746	notwithstanding the other provisions of this subsection, for
747	Class C travel, a state traveler shall not be reimbursed on a
748	per diem basis nor shall a traveler receive subsistence
749	allowance. This paragraph expires July 1, 20042003.
750	Section 34. In order to implement Specific Appropriation
751	1950B of the 2003-2004 General Appropriations Act, paragraph (a)
752	of subsection (13) of section 121.091, Florida Statutes, is
753	amended to read:
754	121.091 Benefits payable under the system.--Benefits may
755	not be paid under this section unless the member has terminated
756	employment as provided in s. 121.021(39)(a) or begun
757	participation in the Deferred Retirement Option Program as
758	provided in subsection (13), and a proper application has been
759	filed in the manner prescribed by the department. The department
760	may cancel an application for retirement benefits when the
761	member or beneficiary fails to timely provide the information
762	and documents required by this chapter and the department's
763	rules. The department shall adopt rules establishing procedures
764	for application for retirement benefits and for the cancellation
765	of such application when the required information or documents
766	are not received.
767	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
768	subject to the provisions of this section, the Deferred
769	Retirement Option Program, hereinafter referred to as the DROP,
770	is a program under which an eligible member of the Florida
771	Retirement System may elect to participate, deferring receipt of
772	retirement benefits while continuing employment with his or her
773	Florida Retirement System employer. The deferred monthly
774	benefits shall accrue in the System Trust Fund on behalf of the
775	participant, plus interest compounded monthly, for the specified
776	period of the DROP participation, as provided in paragraph (c).
777	Upon termination of employment, the participant shall receive
778	the total DROP benefits and begin to receive the previously
779	determined normal retirement benefits. Participation in the DROP
780	does not guarantee employment for the specified period of DROP.
781	(a) Eligibility of member to participate in the DROP.--All
782	active Florida Retirement System members in a regularly
783	established position, and all active members of either the
784	Teachers' Retirement System established in chapter 238 or the
785	State and County Officers' and Employees' Retirement System
786	established in chapter 122 which systems are consolidated within
787	the Florida Retirement System under s. 121.011, are eligible to
788	elect participation in the DROP provided that:
789	1. The member is not a renewed member of the Florida
790	Retirement System under s. 121.122, or a member of the State
791	Community College System Optional Retirement Program under s.
792	121.051, the Senior Management Service Optional Annuity Program
793	under s. 121.055, or the optional retirement program for the
794	State University System under s. 121.35.
795	2. Except as provided in subparagraph 6., election to
796	participate is made within 12 months immediately following the
797	date on which the member first reaches normal retirement date,
798	or, for a member who reaches normal retirement date based on
799	service before he or she reaches age 62, or age 55 for Special
800	Risk Class members, election to participate may be deferred to
801	the 12 months immediately following the date the member attains
802	57, or age 52 for Special Risk Class members. For a member who
803	first reached normal retirement date or the deferred eligibility
804	date described above prior to the effective date of this
805	section, election to participate shall be made within 12 months
806	after the effective date of this section. A member who fails to
807	make an election within such 12-month limitation period shall
808	forfeit all rights to participate in the DROP. The member shall
809	advise his or her employer and the division in writing of the
810	date on which the DROP shall begin. Such beginning date may be
811	subsequent to the 12-month election period, but must be within
812	the 60-month limitation period as provided in subparagraph (b)1.
813	When establishing eligibility of the member to participate in
814	the DROP for the 60-month maximum participation period, the
815	member may elect to include or exclude any optional service
816	credit purchased by the member from the total service used to
817	establish the normal retirement date. A member with dual normal
818	retirement dates shall be eligible to elect to participate in
819	DROP within 12 months after attaining normal retirement date in
820	either class.
821	3. The employer of a member electing to participate in the
822	DROP, or employers if dually employed, shall acknowledge in
823	writing to the division the date the member's participation in
824	the DROP begins and the date the member's employment and DROP
825	participation will terminate.
826	4. Simultaneous employment of a participant by additional
827	Florida Retirement System employers subsequent to the
828	commencement of participation in the DROP shall be permissible
829	provided such employers acknowledge in writing a DROP
830	termination date no later than the participant's existing
831	termination date or the 60-month limitation period as provided
832	in subparagraph (b)1.
833	5. A DROP participant may change employers while
834	participating in the DROP, subject to the following:
835	a. A change of employment must take place without a break
836	in service so that the member receives salary for each month of
837	continuous DROP participation. If a member receives no salary
838	during a month, DROP participation shall cease unless the
839	employer verifies a continuation of the employment relationship
840	for such participant pursuant to s. 121.021(39)(b).
841	b. Such participant and new employer shall notify the
842	division on forms required by the division as to the identity of
843	the new employer.
844	c. The new employer shall acknowledge, in writing, the
845	participant's DROP termination date, which may be extended but
846	not beyond the original 60-month period provided in subparagraph
847	(b)1., shall acknowledge liability for any additional retirement
848	contributions and interest required if the participant fails to
849	timely terminate employment, and shall be subject to the
850	adjustment required in sub-subparagraph (c)5.d.
851	6. Effective July 1, 2001, for instructional personnel as
852	defined in s. 1012.01(2), election to participate in the DROP
853	shall be made at any time following the date on which the member
854	first reaches normal retirement date. The member shall advise
855	his or her employer and the division in writing of the date on
856	which the Deferred Retirement Option Program shall begin. When
857	establishing eligibility of the member to participate in the
858	DROP for the 60-month maximum participation period, as provided
859	in subparagraph (b)1., the member may elect to include or
860	exclude any optional service credit purchased by the member from
861	the total service used to establish the normal retirement date.
862	A member with dual normal retirement dates shall be eligible to
863	elect to participate in either class.
864	7. Beginning July 1, 2003, there shall be a period of 45
865	days within which administrative personnel as defined in s.
866	1012.01(3) who have reached normal retirement date, who have not
867	retired, and who did not elect to participate in the DROP within
868	1 year of reaching normal retirement date may elect to
869	participate in the DROP. This subparagraph expires July 1, 2004.
870	Section 35. In order to implement Specific Appropriations
871	1417-1419, 1421-1424, 1426, 1427, 1430, 1432, 1434, 1436-1438,
872	1439, 1439K-1443, and 1446-1450 of the 2003-2004 General
873	Appropriations Act, paragraphs (b) and (c) of subsection (1) of
874	section 252.373, Florida Statutes, are amended to read:
875	252.373 Allocation of funds; rules.--
876	(1)
877	(b) Notwithstanding the provisions of paragraph (a), and
878	for the 2003-20042002-2003fiscal year only, the use of the
879	Emergency Management, Preparedness, and Assistance Trust Fund
880	shall be as provided in the General Appropriations Act. This
881	paragraph expires on July 1, 20042003.
882	(c) Notwithstanding the provisions of paragraph (a), and
883	for the 2003-20042002-2003fiscal year only, the Department of
884	Community Affairs shall conduct a review of funds available in
885	the Emergency Management, Preparedness, and Assistance Trust
886	Fund. By December 311, 20032002, when actual receipts for the
887	2002-20032001-2002fiscal year are determined, the Department
888	of Community Affairs may identify any funds that were unspent or
889	unencumbered in the 2002-20032001-2002 fiscal year that are not
890	required to implement appropriations for the 2002-2003 fiscal
891	year from the Emergency Management, Preparedness, and Assistance
892	Trust Fund, and such funds may be transferred to the Grants and
893	Donations Trust Fund to be used for the state portion of the
894	match requirements for current federally approved disaster
895	Hazard Mitigation Grant Programprojects. This paragraph expires
896	July 1, 20042003.
897	Section 36. In order to implement Specific Appropriations
898	1432A, 1438A-1438I, 1438K, 1438L, 1438N, and 1439E-1439J of the
899	2003-2004 General Appropriations Act, subsection (8) of section
900	215.559, Florida Statutes, is renumbered as subsection (9), and
901	a new subsection (8) is added to said section to read:
902	215.559 Hurricane Loss Mitigation Program.--
903	(8) Notwithstanding the provisions of subsection (5), and
904	for the 2003-2004 fiscal year only, the use of the Florida
905	Hurricane Catastrophe Fund shall be as provided in the General
906	Appropriations Act. This subsection expires on July 1, 2004.
907	Section 37. In order to implement Specific Appropriation
908	1303A of the 2003-2004 General Appropriations Act, paragraph (e)
909	is added to subsection (13) of section 253.025, Florida
910	Statutes, to read:
911	253.025 Acquisition of state lands for purposes other than
912	preservation, conservation, and recreation.--
913	(13)
914	(e) For the 2003-2004 fiscal year only, the use of funds
915	allocated to the Relocation and Construction Trust Fund shall be
916	as provided in the General Appropriations Act. This paragraph
917	expires July 1, 2004.
918	Section 38. In order to implement Specific Appropriation
919	1520A of the 2003-2004 General Appropriations Act, section
920	373.4145, Florida Statutes, is amended to read:
921	373.4145 Interim part IV permitting program for the
922	Northwest Florida Water Management District.--
923	(1) Within the geographical jurisdiction of the Northwest
924	Florida Water Management District, the permitting authority of
925	the department under this part shall consist solely of the
926	following, notwithstanding the rule adoption deadline in s.
927	373.414(9):
928	(a) Chapter 17-25, Florida Administrative Code, shall
929	remain in full force and effect, and shall be implemented by the
930	department. Notwithstanding the provisions of this section,
931	chapter 17-25, Florida Administrative Code, may be amended by
932	the department as necessary to comply with any requirements of
933	state or federal laws or regulations, or any condition imposed
934	by a federal program, or as a requirement for receipt of federal
935	grant funds.
936	(b) Rules adopted pursuant to the authority of ss. 403.91-
937	403.929, 1984 Supplement to the Florida Statutes 1983, as
938	amended, in effect prior to July 1, 1994, shall remain in full
939	force and effect, and shall be implemented by the department.
940	However, the department is authorized to establish additional
941	exemptions and general permits for dredging and filling, if such
942	exemptions or general permits do not allow significant adverse
943	impacts to occur individually or cumulatively. However, for the
944	purpose of chapter 17-312, Florida Administrative Code, the
945	landward extent of surface waters of the state identified in
946	rule 17-312.030(2), Florida Administrative Code, shall be
947	determined in accordance with the methodology in rules 17-
948	340.100 through 17-340.600, Florida Administrative Code, as
949	ratified in s. 373.4211, upon the effective date of such
950	ratified methodology. In implementing s. 373.421(2), the
951	department shall determine the extent of those surface waters
952	and wetlands within the regulatory authority of the department
953	as described in this paragraph. At the request of the
954	petitioner, the department shall also determine the extent of
955	surface waters and wetlands which can be delineated by the
956	methodology ratified in s. 373.4211, but which are not subject
957	to the regulatory authority of the department as described in
958	this paragraph.
959	(c) The department may implement chapter 40A-4, Florida
960	Administrative Code, in effect prior to July 1, 1994, pursuant
961	to an interagency agreement with the Northwest Florida Water
962	Management District adopted under s. 373.046(4).
963	(2) The authority of the Northwest Florida Water
964	Management District to implement this part or to implement any
965	authority pursuant to delegation by the department shall not be
966	affected by this section. The rule adoption deadline in s.
967	373.414(9) shall not apply to said district.
968	(3) The division of permitting responsibilities in s.
969	373.046(4) shall not apply within the geographical jurisdiction
970	of the Northwest Florida Water Management District.
971	(4) If the United States Environmental Protection Agency
972	approves an assumption of the federal program to regulate the
973	discharge of dredged or fill material by the department or the
974	water management districts, or both, pursuant to s. 404 of the
975	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
976	1251 et seq.; the United States Army Corps of Engineers issues
977	one or more state programmatic general permits under the
978	referenced statutes; or the United States Environmental
979	Protection Agency or the United States Corps of Engineers
980	approves any other delegation of regulatory authority under the
981	referenced statutes, then the department may implement any
982	permitting authority granted in this part within the Northwest
983	Florida Water Management District which is prescribed as a
984	condition of granting such assumption, general permit, or
985	delegation.
986	(5) Within the geographical jurisdiction of the Northwest
987	Florida Water Management District, the methodology for
988	determining the landward extent of surface waters of the state
989	under chapter 403 in effect prior to the effective date of the
990	methodology ratified in s. 373.4211 shall apply to:
991	(a) Activities permitted under the rules adopted pursuant
992	to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
993	1983, as amended, or which were exempted from regulation under
994	such rules, prior to July 1, 1994, and which were permitted
995	under chapter 17-25, Florida Administrative Code, or exempt from
996	chapter 17-25, Florida Administrative Code, prior to July 1,
997	1994, provided:
998	1. An activity authorized by such permits is conducted in
999	accordance with the plans, terms, and conditions of such
1000	permits.
1001	2. An activity exempted from the permitting requirements
1002	of the rules adopted pursuant to ss. 403.91-403.929, 1984
1003	Supplement to the Florida Statutes 1983, as amended, or chapter
1004	17-25, Florida Administrative Code, is:
1005	a. Commenced prior to July 1, 1994, and completed by July
1006	1, 1999;
1007	b. Conducted in accordance with a plan depicting the
1008	activity which has been submitted to and approved for
1009	construction by the department, the appropriate local
1010	government, the United States Army Corps of Engineers, or the
1011	Northwest Florida Water Management District; and
1012	c. Conducted in accordance with the terms of the
1013	exemption.
1014	(b) An activity within the boundaries of a valid
1015	jurisdictional declaratory statement issued pursuant to s.
1016	403.914, 1984 Supplement to the Florida Statutes 1983, as
1017	amended, or the rules adopted thereunder, in response to a
1018	petition received prior to June 1, 1994.
1019	(c) Any modification of a permitted or exempt activity as
1020	described in paragraph (a) which does not constitute a
1021	substantial modification or which lessens the environmental
1022	impact of such permitted or exempt activity. For the purposes of
1023	this section, a substantial modification is one which is
1024	reasonably expected to lead to substantially different
1025	environmental impacts.
1026	(d) Applications for activities permitted under the rules
1027	adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
1028	1983 Florida Statutes, as amended, which were pending on June
1029	15, 1994, unless the application elects to have applied the
1030	delineation methodology ratified in s. 373.4211.
1031	(6) Subsections (1), (2), (3), and (4) shall be repealed
1032	effective July 1, 20042003.
1033	(7)(a) The department and the Northwest Florida Water
1034	Management District are directed to begin developing a plan by
1035	which the permitting for activities proposed in surface waters
1036	and wetlands shall fully comply with the provisions of this
1037	part, beginning July 1, 20042003. The plan also shall address
1038	the division of environmental resource permitting
1039	responsibilities between the department and the Northwest
1040	Florida Water Management District; the methodology of
1041	delineating wetlands in the Northwest Florida Water Management
1042	District; authority of the Northwest Florida Water Management
1043	District to implement federal permitting programs related to
1044	activities in surface waters and wetlands; and the chapter 70
1045	implications of implementing the provisions of this part within
1046	the jurisdiction of the Northwest Florida Water Management
1047	District.
1048	(b) The department and Northwest Florida Water Management
1049	District shall jointly prepare an interim report on their
1050	progress in developing the aforementioned plan, to be presented
1051	March 1, 2001 to the Governor, the President of the Senate, the
1052	Speaker of the House of Representatives, and the chairs of the
1053	relevant substantive and fiscal committees. The department and
1054	district shall present a final report on March 1, 2003.
1055	(c) Any jurisdictional declaratory statement issued for a
1056	project within the geographic jurisdiction of the Northwest
1057	Florida Water Management District that is valid on July 1, 1999,
1058	and for which there has been issued a permit pursuant to this
1059	chapter and chapter 403 for a phase of that project and which
1060	identified proposed future development, including mitigation,
1061	that would require an additional permit pursuant to this chapter
1062	and chapter 403 shall not expire until January 1, 2002.
1063	Section 39. In order to implement Specific Appropriations
1064	1452-1459A of the 2003-2004 General Appropriations Act,
1065	subsection (4) of section 290.044, Florida Statutes, is amended
1066	to read:
1067	290.044 Florida Small Cities Community Development Block
1068	Grant Program Fund; administration; distribution.--
1069	(4) The percentage of funds distributed in each of the
1070	grant program categories from federal funds for federal fiscal
1071	year 1985 shall be established by the Legislature in the
1072	appropriation process for the 1984 regular session and shall be
1073	established annually thereafter in the same manner. The
1074	department shall submit its recommendation on the distribution
1075	percentages to the Governor and Legislature as part of its
1076	regular budget proposals. The department may set asideshall
1077	provide for the set-aside of an amount of up to 510percent of
1078	the funds allocated to the neighborhood revitalization category
1079	in its distribution percentagesfor use in any eligible local
1080	government jurisdiction for which an emergency or natural
1081	disaster has been declared by executive order. Such funds may
1082	only be provided to a local government to fund eligible
1083	emergency-related activities for which no other source of
1084	federal, state, or local disaster funds is available. The
1085	department mayshallprovide for such set-aside by rule. In the
1086	last quarter of the state fiscal year, any funds not allocated
1087	under the emergency-related set-aside shall be used to fully
1088	fund any applications which were partially funded due to
1089	inadequate funds in the most recently completed neighborhood
1090	revitalization category funding cycle, and then any remaining
1091	funds shall be distributed to the next unfunded applications.
1092	Section 40. The amendment of subsection (4) of s. 290.044,
1093	Florida Statutes, by this act shall expire on July 1, 2004, and
1094	the text of that subsection shall revert to that in existence on
1095	June 30, 2003, except that any amendments to such text enacted
1096	other than by this act shall be preserved and continue to
1097	operate to the extent that such amendments are not dependent
1098	upon the portions of such text which expire pursuant to the
1099	provisions of this act.
1100	Section 41. In order to implement Specific Appropriations
1101	2863-2931A of the 2003-2004 General Appropriations Act, section
1102	15.09, Florida Statutes, is amended to read:
1103	15.09 Fees.--
1104	(1) The fees, except as provided by law, to be collected
1105	by the Department of State, are:
1106	(a) For searching of papers or records, $3.50, except that
1107	there shall be no charge for telephone requests for general
1108	corporate information, including the corporation's status, names
1109	of officers and directors, address of principal place of
1110	business, and name and address of resident agent.
1111	(b) For providing a certificate with seal, $8.75; however,
1112	no fee shall be charged for providing a certificate with seal to
1113	any officer appointed to an office requiring Senate
1114	confirmation.
1115	(c) For furnishing statistical information and for copying
1116	any document not mentioned, $1 per page or fraction thereof.
1117	(2) The department may in its discretion establish a
1118	reasonable fee for filing or copying any document or instrument
1119	not mentioned herein or provided for in other laws.
1120	(3) All fees arising from certificates of election or
1121	appointment to office and from commissions to officers shall be
1122	paid to the Treasurer for deposit in the General Revenue Fund.
1123	(4) All funds collected by the Division of Corporations of
1124	the department shall be deposited in the Corporations Trust
1125	Fund.
1126	(5)(a) There is created within the Department of State a
1127	Public Access Data Systems Trust Fund, which shall be used by
1128	the department to purchase information systems and equipment
1129	that provide greater public accessibility to the information and
1130	records maintained by it. Notwithstanding any other provision of
1131	law, the Divisions of Licensing, Elections, and Corporations of
1132	the department shall transfer each fiscal year to the Public
1133	Access Data Systems Trust Fund from their respective trust
1134	funds:
1135	1. An amount equal to 2 percent of all revenues received
1136	for the processing of documents, filings, or information
1137	requests.
1138	2. All public access network revenues collected pursuant
1139	to s. 15.16 or s. 119.085.
1140	(b) Funds from the Public Access Data Systems Trust Fund
1141	may be appropriated for the operations of the department.
1142	Section 42. The amendment of s. 15.09, Florida Statutes,
1143	by this act shall expire on July 1, 2004, and the text of that
1144	section shall revert to that in existence on June 30, 2003,
1145	except that any amendments to such text enacted other than by
1146	this act shall be preserved and continue to operate to the
1147	extent that such amendments are not dependent upon the portions
1148	of such text which expire pursuant to the provisions of this
1149	act.
1150	Section 43. In order to implement Specific Appropriations
1151	2863-2931A of the 2003-2004 General Appropriations Act,
1152	subsection (1) of section 265.2861, Florida Statutes, is amended
1153	to read:
1154	265.2861 Cultural Institutions Program; trust fund.--
1155	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
1156	Cultural Institutions Trust Fund to be administered by the
1157	Department of State for the purposes set forth in this section.
1158	and to support the following programs as follows:
1159	(a) For statewide arts grants, $2.7 million.
1160	(b) For arts in education and visiting arts programs,
1161	$250,000.
1162	(c) For the State Touring Program, $200,000. First
1163	priority for the issuance of State Touring Program grants shall
1164	be given to applicants that reside in counties with a population
1165	of 75,000 or less.
1166	(d) For local arts agencies or state service
1167	organizations, $400,000.
1168	(e)1. For the officially designated Art Museum of the
1169	State of Florida described in s. 1004.45, $2.2 million, and for
1170	state-owned cultural facilities assigned to the Department of
1171	State, which receive a portion of any operating funds from the
1172	Department of State and one of the primary purposes of which is
1173	the presentation of fine arts or performing arts, $500,000.
1174	2. For fiscal year 2001-2002 only, the provisions of
1175	subparagraph 1. relating to state-owned cultural facilities
1176	shall not be applicable. This subparagraph expires July 1, 2002.
1177
1178	The trust fund shall consist of moneys appropriated by the
1179	Legislature, moneys deposited pursuant to s. 607.1901(2), and
1180	moneys contributed to the fund from any other source.
1181	Section 44. The amendment of subsection (1) of s.
1182	265.2861, Florida Statutes, by this act shall expire on July 1,
1183	2004, and the text of that subsection shall revert to that in
1184	existence on June 30, 2003, except that any amendments to such
1185	text enacted other than by this act shall be preserved and
1186	continue to operate to the extent that such amendments are not
1187	dependent upon the portions of such text which expire pursuant
1188	to the provisions of this act.
1189	Section 45. In order to implement Specific Appropriations
1190	2863-2931A of the 2003-2004 General Appropriations Act,
1191	subsection (1) of section 267.0617, Florida Statutes, is amended
1192	to read:
1193	267.0617 Historic Preservation Grant Program.--
1194	(1) There is hereby created within the division the
1195	Historic Preservation Grant Program, which shall make grants of
1196	moneys appropriated by the Legislature, moneys deposited
1197	pursuant to s.ss. 550.0351(2) and 607.1901(2)(g), and moneys
1198	contributed for that purpose from any other source. The program
1199	funds shall be used by the division for the purpose of financing
1200	grants in furtherance of the purposes of this section.
1201	Section 46. The amendment of subsection (1) of s.
1202	267.0617, Florida Statutes, by this act shall expire on July 1,
1203	2004, and the text of that subsection shall revert to that in
1204	existence on June 30, 2003, except that any amendments to such
1205	text enacted other than by this act shall be preserved and
1206	continue to operate to the extent that such amendments are not
1207	dependent upon the portions of such text which expire pursuant
1208	to the provisions of this act.
1209	Section 47. In order to implement Specific Appropriations
1210	2863-2931A of the 2003-2004 General Appropriations Act,
1211	subsection (2) of section 607.1901, Florida Statutes, is amended
1212	to read:
1213	607.1901 Corporations Trust Fund creation; transfer of
1214	funds.--
1215	(2)(a) The Legislature shall appropriate from the fund
1216	such amounts as it deems necessary for the operation of the
1217	division.
1218	(b) An amount equal to 2.9 percent of all moneys deposited
1219	each month in the fund is transferred to the Corporation Tax
1220	Administration Trust Fund created pursuant to s. 213.31.
1221	(c) In the last six months of any fiscal year, an amount
1222	equal to 43 percent of all moneys deposited each month into the
1223	fund is transferred to the General Revenue Fund.
1224	(d) The division shall transfer from the trust fund to the
1225	Cultural Institutions Trust Fund, quarterly, the amount of $10
1226	from each corporate annual report fee collected by the division
1227	and prorations transferring $8 million each fiscal year, to be
1228	used as provided in s. 265.2861. Effective October 1, 2001, an
1229	additional $2 million each fiscal year shall be transferred from
1230	the Corporations Trust Fund to the Cultural Institutions Trust
1231	Fund to be used as provided in s. 265.2861. The additional $2
1232	million is contingent upon the receipt of corresponding revenues
1233	collected under s. 55.209, as created by this act.
1234	(e) The division shall transfer from the trust fund to the
1235	Cultural Institutions Trust Fund, quarterly, prorations
1236	transferring $250,000 each fiscal year, to be used as provided
1237	in s. 265.609.
1238	(f) The division shall transfer from the trust fund to the
1239	Cultural Institutions Trust Fund, quarterly, prorations
1240	transferring $550,000 each fiscal year, to be used as provided
1241	in s. 265.608.
1242	(g) The division shall transfer from the trust fund to the
1243	Historical Resources Operating Trust Fund, quarterly, prorations
1244	transferring $2 million each fiscal year, to be used as provided
1245	in s. 267.0617.
1246	(h) The division shall transfer from the trust fund to the
1247	Historical Resources Operating Trust Fund, quarterly, prorations
1248	transferring $1.5 million each fiscal year, to be used as
1249	provided in s. 267.0619.
1250	(i) Effective October 1, 2001, the division shall transfer
1251	from the trust fund to the department's Grants and Donations
1252	Trust Fund quarterly prorations equaling not more than $1.6
1253	million each fiscal year, to be used in the provision of
1254	services under s. 288.816. The transfer of $1.6 million is
1255	contingent upon the receipt of corresponding revenues collected
1256	under s. 55.209, as created by this act.
1257	Section 48. The amendment of subsection (2) of s.
1258	607.1901, Florida Statutes, by this act shall expire on July 1,
1259	2004, and the text of that subsection shall revert to that in
1260	existence on June 30, 2003, except that any amendments to such
1261	text enacted other than by this act shall be preserved and
1262	continue to operate to the extent that such amendments are not
1263	dependent upon the portions of such text which expire pursuant
1264	to the provisions of this act.
1265	Section 49. In order to implement Specific Appropriations
1266	2863-2931A of the 2003-2004 General Appropriations Act, section
1267	607.19011, Florida Statutes, is amended to read:
1268	607.19011 Corporations Trust Fund; deposit and use of
1269	revenues collected in accordance with ch. 95-242.--All revenues
1270	collected in accordance with this act shall be deposited into
1271	the Corporations Trust Fund of the Department of State and shall
1272	be used in furtherance of the Department of State's cultural and
1273	historic preservation programs and other activitiesas the
1274	Legislature may direct.
1275	Section 50. The amendment of s. 607.19011, Florida
1276	Statutes, by this act shall expire on July 1, 2004, and the text
1277	of that section shall revert to that in existence on June 30,
1278	2003, except that any amendments to such text enacted other than
1279	by this act shall be preserved and continue to operate to the
1280	extent that such amendments are not dependent upon the portions
1281	of such text which expire pursuant to the provisions of this
1282	act.
1283	Section 51. In order to implement Specific Appropriation
1284	2014 of the 2003-2004 General Appropriations Act, section
1285	402.3017, Florida Statutes, is amended to read:
1286	402.3017 Teacher Education and Compensation Helps (TEACH)
1287	scholarship program.--
1288	(1) The Legislature finds that the level of early child
1289	care teacher education and training is a key predictor for
1290	determining program quality. The Legislature also finds that low
1291	wages for child care workers prevent many from obtaining
1292	increased training and education and contribute to high turnover
1293	rates. The Legislature therefore intends to help fund a program
1294	which links teacher training and education to compensation and
1295	commitment to the field of early childhood education.
1296	(2) The Department of Children and Family Services is
1297	authorized to contract for the administration of the Teacher
1298	Education and Compensation Helps (TEACH) scholarship program,
1299	which provides educational scholarships to caregivers and
1300	administrators of early childhood programs, family day care
1301	homes, and large family child care homes.
1302	(3) The department shall adopt rules as necessary to
1303	implement this section.
1304	(4) For the 2003-20042002-2003fiscal year only, the
1305	Agency for Workforce Innovation shall administer this section.
1306	This subsection expires July 1, 20042003.
1307	Section 52. In order to implement Specific Appropriation
1308	2014 of the 2003-2004 General Appropriations Act, subsection
1309	(13) of section 411.01, Florida Statutes, is amended to read:
1310	411.01 Florida Partnership for School Readiness; school
1311	readiness coalitions.--
1312	(13) PLACEMENTS.--Notwithstanding any other provision of
1313	this section to the contrary, and for fiscal year 2003-2004
1314	2002-2003only, the first children to be placed in the school
1315	readiness program shall be those from families receiving
1316	temporary cash assistance and subject to federal work
1317	requirements. Subsequent placements shall be pursuant to the
1318	provisions of this section. This subsection expires July 1, 2004
1319	2003.
1320	Section 53. In order to implement Specific Appropriation
1321	12C of the 2003-2004 General Appropriations Act, subsection (7)
1322	is added to section 1013.62, Florida Statutes, to read:
1323	1013.62 Charter schools capital outlay funding.--
1324	(7) For the 2003-2004 fiscal year only, and
1325	notwithstanding subsection (1), funds for charter school capital
1326	outlay shall be distributed by the Department of Education as
1327	provided in the General Appropriations Act.
1328	Section 54. In order to implement Specific Appropriations
1329	584-601A of the 2003-2004 General Appropriations Act, subsection
1330	(7) of section 1009.66, Florida Statutes, as amended by section
1331	71 of chapter 2002-402, Laws of Florida, and section 3 of
1332	chapter 2002-400, Laws of Florida, is amended to read:
1333	1009.66 Nursing Student Loan Forgiveness Program.--
1334	(7)(a)Funds contained in the Nursing Student Loan
1335	Forgiveness Trust Fund which are to be used for loan forgiveness
1336	for those nurses employed by hospitals, birth centers, and
1337	nursing homes must be matched on a dollar-for-dollar basis by
1338	contributions from the employing institutions, except that this
1339	provision shall not apply to state-operated medical and health
1340	care facilities, public schools, county health departments,
1341	federally sponsored community health centers, teaching hospitals
1342	as defined in s. 408.07, family practice teaching hospitals as
1343	defined in s. 395.805, or specialty hospitals for children as
1344	used in s. 409.9119. An estimate of the annual trust fund
1345	dollars shall be made at the beginning of the fiscal year based
1346	on historic expenditures from the trust fund. Applicant requests
1347	shall be reviewed on a quarterly basis, and applicant awards
1348	shall be based on the following priority of employer until all
1349	such estimated trust funds are awarded: state-operated medical
1350	and health care facilities; public schools; county health
1351	departments; federally sponsored community health centers;
1352	teaching hospitals as defined in s. 408.07; family practice
1353	teaching hospitals as defined in s. 395.805; specialty hospitals
1354	for children as used in s. 409.9119; and other hospitals, birth
1355	centers, and nursing homes.
1356	(b) All Nursing Student Loan Forgiveness Trust Fund moneys
1357	shall be invested pursuant to s. 18.125. Interest income
1358	accruing to that portion of the trust fund not matched shall
1359	increase the total funds available for loan forgiveness and
1360	scholarships. Pledged contributions shall not be eligible for
1361	matching prior to the actual collection of the total private
1362	contribution for the year.
1363	Section 55. The amendment of subsection (7) of s. 1009.66,
1364	Florida Statutes, by this act shall expire on July 1, 2004, and
1365	the text of that subsection shall revert to that in existence on
1366	June 30, 2003, except that any amendments to such text enacted
1367	other than by this act shall be preserved and continue to
1368	operate to the extent that such amendments are not dependent
1369	upon the portions of such text which expire pursuant to the
1370	provisions of this act.
1371	Section 56. In order to implement Specific Appropriation
1372	477 of the 2003-2004 General Appropriations Act, subsection (3)
1373	of section 385.207, Florida Statutes, as amended by section 73
1374	of chapter 2002-402, Laws of Florida, is amended to read:
1375	385.207 Care and assistance of persons with epilepsy;
1376	establishment of programs in epilepsy control.--
1377	(3) Revenue for statewide implementation of programs for
1378	epilepsy prevention and education pursuant to this section shall
1379	be derived pursuant to the provisions of s. 318.21(6) and shall
1380	be deposited in the Epilepsy Services Trust Fund, which is
1381	hereby established to be administered by the Department of
1382	Health. All funds deposited into the trust fund shall be
1383	invested pursuant to the provisions of s. 18.125. Interest
1384	income accruing to such invested funds shall increase the total
1385	funds available under this subsection.
1386	Section 57. The amendment of subsection (3) of s. 385.207,
1387	Florida Statutes, by this act shall expire on July 1, 2004, and
1388	the text of that subsection shall revert to that in existence on
1389	June 30, 2003, except that any amendments to such text enacted
1390	other than by this act shall be preserved and continue to
1391	operate to the extent that such amendments are not dependent
1392	upon the portions of such text which expire pursuant to the
1393	provisions of this act.
1394	Section 58. In order to implement Specific Appropriations
1395	1335-1339 of the 2003-2004 General Appropriations Act, section
1396	570.544, Florida Statutes, is amended to read:
1397	570.544 Division of Consumer Services; director; powers;
1398	processing of complaints;records.--
1399	(1) The director of the Division of Consumer Services
1400	shall be appointed by and serve at the pleasure of the
1401	commissioner.
1402	(2) The Division of Consumer Services may:
1403	(a) Conduct studies and make analyses of matters affecting
1404	the interests of consumers.
1405	(b) Study the operation of laws for consumer protection.
1406	(c) Advise and make recommendations to the various state
1407	agencies concerned with matters affecting consumers.
1408	(d) Assist, advise, and cooperate with local, state, or
1409	federal agencies and officials in order to promote the interests
1410	of consumers.
1411	(e) Make use of the testing and laboratory facilities of
1412	the department for the detection of consumer fraud.
1413	(f) Report to the appropriate law enforcement officers any
1414	information concerning violation of consumer protection laws.
1415	(g) Assist, develop, and conduct programs of consumer
1416	education and consumer information through publications and
1417	other informational and educational material prepared for
1418	dissemination to the public, in order to increase the competence
1419	of consumers.
1420	(h) Organize and hold conferences on problems affecting
1421	consumers.
1422	(i) Recommend programs to encourage business and industry
1423	to maintain high standards of honesty, fair business practices,
1424	and public responsibility in the production, promotion, and sale
1425	of consumer goods and services.
1426	(3) In addition to the powers, duties, and
1427	responsibilities authorized by this or any other chapter, the
1428	Division of Consumer Services shall serve as a clearinghouse for
1429	matters relating to consumer protection, consumer information,
1430	and consumer services generally. It shall receive complaints and
1431	grievances from consumers and promptly transmit them to that
1432	agency most directly concerned in order that the complaint or
1433	grievance may be expeditiously handled in the best interests of
1434	the complaining consumer. If no agency exists, the Division of
1435	Consumer Services shall seek a settlement of the complaint using
1436	formal or informal methods of mediation and conciliation and may
1437	seek any other resolution of the matter in accordance with its
1438	jurisdiction.
1439	(4) If any complaint received by the Division of Consumer
1440	Services concerns matters which involve concurrent jurisdiction
1441	in more than one agency, duplicate copies of the complaint shall
1442	be referred to those offices deemed to have concurrent
1443	jurisdiction.
1444	(3)(5)(a) Any agency, office, bureau, division, or board
1445	of state government receiving a complaint which deals with
1446	consumer fraud or consumer protection and which is not within
1447	the jurisdiction of the receiving agency, office, bureau,
1448	division, or board originally receiving it, shall immediately
1449	refer the complaint to the Division of Consumer Services.
1450	(b) Upon receipt of such a complaint, the Division of
1451	Consumer Services shall make a determination of the proper
1452	jurisdiction to which the complaint relates and shall
1453	immediately refer the complaint to the agency, office, bureau,
1454	division, or board which does have the proper regulatory or
1455	enforcement authority to deal with it.
1456	(6)(a) The office or agency to which a complaint has been
1457	referred shall within 30 days acknowledge receipt of the
1458	complaint and report on the disposition made of the complaint.
1459	In the event a complaint has not been disposed of within 30
1460	days, the receiving office or agency shall file progress reports
1461	with the Division of Consumer Services no less frequently than
1462	30 days until final disposition.
1463	(b) The report shall contain at least the following
1464	information:
1465	1. A finding of whether the receiving agency has
1466	jurisdiction of the subject matter involved in the complaint.
1467	2. Whether the complaint is deemed to be frivolous, sham,
1468	or without basis in fact or law.
1469	3. What action has been taken and a report on whether the
1470	original complainant was satisfied with the final disposition.
1471	4. Any recommendation regarding needed changes in law or
1472	procedure which in the opinion of the reporting agency or office
1473	will improve consumer protection in the area involved.
1474	(7)(a) If the office or agency receiving a complaint fails
1475	to file a report as contemplated in this section, that failure
1476	shall be construed as a denial by the receiving office or agency
1477	that it has jurisdiction of the subject matter contained in the
1478	complaint.
1479	(b) If an office or agency receiving a complaint
1480	determines that the matter presents a prima facie case for
1481	criminal prosecution or if the complaint cannot be settled at
1482	the administrative level, the complaint together with all
1483	supporting evidence shall be transmitted to the Department of
1484	Legal Affairs or other appropriate enforcement agency with a
1485	recommendation for civil or criminal action warranted by the
1486	evidence.
1487	(4)(8)The records of the Division of Consumer Services
1488	are public records. However, customer lists, customer names, and
1489	trade secrets are confidential and exempt from the provisions of
1490	s. 119.07(1). Disclosure necessary to enforcement procedures
1491	shall not be construed as violative of this prohibition.
1492	(5)(9)It shall be the duty of the Division of Consumer
1493	Services to maintain records and compile summaries and analyses
1494	of consumer complaints under its jurisdictionand their eventual
1495	disposition, which data may serve as a basis for recommendations
1496	to the Legislature and to state regulatory agencies.
1497	Section 59. The amendment of s. 570.544, Florida Statutes,
1498	by this act shall expire on July 1, 2004, and the text of that
1499	section shall revert to that in existence on June 30, 2003,
1500	except that any amendments to such text enacted other than by
1501	this act shall be preserved and continue to operate to the
1502	extent that such amendments are not dependent upon the portions
1503	of such text which expire pursuant to the provisions of this
1504	act.
1505	Section 60. In order to implement Specific Appropriations
1506	1335-1339 of the 2003-2004 General Appropriations Act, section
1507	526.3135, Florida Statutes, is amended to read:
1508	526.3135 Reports by the Division of Standards.--The
1509	Division of Standards is directed to compile a report pursuant
1510	to s. 570.544 of all complaints received by the Department of
1511	Agriculture and Consumer Services pursuant to this act. Such
1512	report shall contain at least the information required by s.
1513	570.544(6)(b)2.-4. and shallbe presented to the Speaker of the
1514	House of Representatives and the President of the Senate no
1515	later than January 1 of each year.
1516	Section 61. The amendment of s. 526.3135, Florida
1517	Statutes, by this act shall expire on July 1, 2004, and the text
1518	of that section shall revert to that in existence on June 30,
1519	2003, except that any amendments to such text enacted other than
1520	by this act shall be preserved and continue to operate to the
1521	extent that such amendments are not dependent upon the portions
1522	of such text which expire pursuant to the provisions of this
1523	act.
1524	Section 62. In order to implement Specific Appropriations
1525	1335-1339 of the 2003-2004 General Appropriations Act,
1526	subsection (2) of section 559.921, Florida Statutes, is amended
1527	to read:
1528	559.921 Remedies.--
1529	(2) The department shall referprocess consumer complaints
1530	to the Division of Consumer Servicesaccording to ss. 570.07 and
1531	570.544.
1532	Section 63. The amendment of subsection (2) of s. 559.921,
1533	Florida Statutes, by this act shall expire on July 1, 2004, and
1534	the text of that subsection shall revert to that in existence on
1535	June 30, 2003, except that any amendments to such text enacted
1536	other than by this act shall be preserved and continue to
1537	operate to the extent that such amendments are not dependent
1538	upon the portions of such text which expire pursuant to the
1539	provisions of this act.
1540	Section 64. In order to implement Specific Appropriation
1541	2545 of the 2003-2004 General Appropriations Act, effective July
1542	1, 2003, transfers shall occur as described in legislation that
1543	becomes law reorganizing the Office of the Auditor General and
1544	the Office of Program Policy Analysis and Government
1545	Accountability into the Office of Government Accountability. If
1546	such legislation does not become law, all powers, duties,
1547	functions, records, personnel, property, and unexpended balances
1548	of appropriations, allocations, and other funds of the Office of
1549	Program Policy Analysis and Government Accountability are
1550	transferred by a type two transfer, as defined in s. 20.06,
1551	Florida Statutes, to the Office of the Auditor General.
1552	Consistent with the provisions of s. 11.45(4)(a), Florida
1553	Statutes, and notwithstanding any other provision of law to the
1554	contrary, the Auditor General shall, within the funding
1555	provided, determine which duties and responsibilities assigned
1556	by law to the Office of Program Policy Analysis and Government
1557	Accountability shall be provided during the 2003-2004 fiscal
1558	year. This section expires July 1, 2004.
1559	Section 65. In order to implement Specific Appropriation
1560	2545 of the 2003-2004 General Appropriations Act, effective July
1561	1, 2003, all powers, duties, functions, records, personnel,
1562	property, and unexpended balances of appropriations,
1563	allocations, and other funds of the Council for Education Policy
1564	Research and Improvement are transferred by a type two transfer,
1565	as defined in s. 20.06, Florida Statutes, to the Office of the
1566	Auditor General. Notwithstanding the provisions of s. 1008.51,
1567	Florida Statutes, all powers, duties, funding, and functions of
1568	the Council for Education Policy Research and Improvement are
1569	suspended for the 2003-2004 fiscal year. The Auditor General
1570	may, within the funding provided, provide policy research and
1571	analysis of education issues. This section expires July 1, 2004.
1572	Section 66. A section of this act that implements a
1573	specific appropriation or specifically identified proviso
1574	language in the 2003-2004 General Appropriations Act is void if
1575	the specific appropriation or specifically identified proviso
1576	language is vetoed. A section of this act that implements more
1577	than one specific appropriation or more than one portion of
1578	specifically identified proviso language in the 2003-2004
1579	General Appropriations Act is void if all the specific
1580	appropriations or portions of specifically identified proviso
1581	language are vetoed.
1582	Section 67. If any other act passed in 2003 contains a
1583	provision that is substantively the same as a provision in this
1584	act, but that removes or is otherwise not subject to the future
1585	repeal applied to such provision by this act, the Legislature
1586	intends that the provision in the other act shall take
1587	precedence and shall continue to operate, notwithstanding the
1588	future repeal provided by this act.
1589	Section 68. The agency performance measures and standards
1590	in the document entitled "Florida's Budget 2003 Agency
1591	Performance Measures and Standards Approved by the Legislature
1592	for Fiscal Year 2003-04" dated March 24, 2003, and filed with
1593	the Clerk of the House of Representatives are incorporated by
1594	reference. Such performance measures and standards are directly
1595	linked to the appropriations made in the General Appropriations
1596	Act for fiscal year 2003-2004, as required by the Government
1597	Performance and Accountability Act of 1994. State agencies are
1598	directed to revise their long-range program plans required under
1599	s. 216.013, Florida Statutes, to be consistent with these
1600	performance measures and standards.
1601	Section 69. If any provision of this act or its
1602	application to any person or circumstance is held invalid, the
1603	invalidity shall not affect other provisions or applications of
1604	the act which can be given effect without the invalid provision
1605	or application, and to this end the provisions of this act are
1606	declared severable.
1607	Section 70. Except as otherwise provided in this act, this
1608	act shall take effect July 1, 2003; or, in the event this act
1609	fails to become a law until after that date, it shall take
1610	effect upon becoming a law and shall operate retroactively to
1611	July 1, 2003.
1612
1613	================= T I T L E A M E N D M E N T =================
1614	Remove the entire title, and insert:
1615	A bill to be entitled
1616	An act implementing the 2003-2004 General Appropriations
1617	Act; providing legislative intent; providing accounting
1618	requirements for the state universities for the 2003-2004
1619	fiscal year; amending ss. 430.204 and 430.205, F.S.;
1620	requiring the Department of Elderly Affairs to fund
1621	certain community care services and core services for the
1622	elderly; amending s. 216.292, F.S.; authorizing the
1623	Department of Children and Family Services to transfer
1624	funds within the family safety program; amending s.
1625	561.121, F.S.; providing that moneys in the Children and
1626	Adolescents Substance Abuse Trust Fund may also be used
1627	for the purpose of funding programs directed at reducing
1628	and eliminating substance abuse problems among adults;
1629	amending s. 409.1671, F.S.; requiring that funds for
1630	privatized foster care and related services be allocated
1631	in accordance with a methodology adopted by the Department
1632	of Children and Family Services by rule and granting
1633	rulemaking authority for such purpose; providing for lump
1634	sum funding in the Department of Children and Family
1635	Services to provide for continuity of foster care under
1636	certain circumstances; amending s. 394.908, F.S.;
1637	providing for substance abuse and mental health funding
1638	equity as provided in the General Appropriations Act;
1639	authorizing the Department of Children and Family Services
1640	to procure contractual services to outsource the operation
1641	of the Northeast Florida State Hospital; amending s.
1642	381.0066, F.S.; continuing the additional fee on new
1643	construction permits for onsite sewage treatment and
1644	disposal systems the proceeds of which are used for system
1645	research, demonstration, and training projects; amending
1646	s. 385.207, F.S.; authorizing appropriation of funds in
1647	the Epilepsy Services Trust Fund for epilepsy case
1648	management services; authorizing the Department of Law
1649	Enforcement to use certain moneys to provide bonuses to
1650	employees for meritorious performance, subject to review;
1651	amending s. 216.181, F.S.; authorizing the Department of
1652	Law Enforcement to transfer positions and associated
1653	budget and a certain percentage of salary rate between
1654	budget entities and providing requirements with respect
1655	thereto; authorizing the Correctional Privatization
1656	Commission to make certain expenditures to defray costs
1657	incurred by a municipality or county as a result of
1658	opening or operating a facility under authority of the
1659	commission or the Department of Juvenile Justice; amending
1660	s. 16.555, F.S.; authorizing use of the Crime Stoppers
1661	Trust Fund to pay for salaries and benefits and other
1662	expenses of the Department of Legal Affairs; amending s.
1663	860.158, F.S.; providing directives for the use of moneys
1664	in the Florida Motor Vehicle Theft Prevention Trust Fund;
1665	amending s. 932.7055, F.S.; allowing municipal special law
1666	enforcement trust funds to be used to reimburse certain
1667	loans from municipalities; amending s. 581.184, F.S.;
1668	requiring notice to the property owner of the removal of
1669	infected citrus trees or citrus trees exposed to
1670	infection; amending s. 581.1845, F.S.; revising
1671	eligibility for compensation of homeowners under the
1672	citrus canker eradication program; prescribing the amount
1673	of compensation for trees taken in the citrus canker
1674	eradication program; amending s. 215.981, F.S.; exempting
1675	certain citizen support organizations for the Department
1676	of Environmental Protection from the requirement to have
1677	an independent audit; amending s. 61.1826, F.S.; revising
1678	provisions relating to the special master to resolve
1679	disputes involving cooperative agreement and contract
1680	terms for certain state and federal child support
1681	provisions; amending s. 287.161, F.S.; requiring the
1682	Department of Management Services to charge all persons
1683	receiving transportation from the executive aircraft pool
1684	a specified rate; amending s. 110.116, F.S.; authorizing
1685	the Department of Management Services to contract with a
1686	vendor to provide a personnel information system; amending
1687	s. 110.152, F.S.; authorizing the Department of Management
1688	Services to make lump-sum payments for adoption benefits
1689	for state employees; amending s. 110.2035, F.S.; revising
1690	provisions governing the classification and compensation
1691	program for state employees; requiring the Department of
1692	Management Services to adopt rules, including emergency
1693	rules, necessary to implement such program; amending s.
1694	110.12315, F.S.; providing copayment requirements for the
1695	state employees' prescription drug program; amending s.
1696	110.1239, F.S.; providing requirements for the funding of
1697	the state group health insurance program; amending s.
1698	112.061, F.S.; providing for computation of travel time
1699	and reimbursement for public officers' and employees'
1700	travel; amending s. 121.091, F.S.; authorizing certain
1701	school administrative personnel to participate in the
1702	DROP; amending s. 252.373, F.S.; providing for use of
1703	funds of the Emergency Management, Preparedness, and
1704	Assistance Trust Fund, including use of certain funds as
1705	state match for current federally approved disaster
1706	projects; amending s. 215.559, F.S.; providing that use of
1707	the Florida Hurricane Catastrophe Fund shall be as
1708	provided in the General Appropriations Act; amending s.
1709	253.025, F.S.; providing that the use of funds allocated
1710	to the Relocation and Construction Trust Fund shall be as
1711	provided in the General Appropriations Act; amending s.
1712	373.4145, F.S.; extending the period for the interim
1713	permitting program for the management and storage of
1714	surface waters within the geographical jurisdiction of the
1715	Northwest Florida Water Management District; amending s.
1716	290.044, F.S.; eliminating required distribution
1717	percentages for program categories from the Florida Small
1718	Cities Community Development Block Grant Program Fund and
1719	authorizing the set-aside of a certain amount of such
1720	funds for certain emergency-related activities; amending
1721	s. 15.09, F.S.; deleting provisions relating to creation
1722	and use of the Public Access Data Systems Trust Fund;
1723	amending s. 265.2861, F.S.; removing funding of specified
1724	programs through the Cultural Institutions Trust Fund;
1725	amending s. 267.0617, F.S.; deleting a funding source for
1726	the Historic Preservation Grant Program; amending s.
1727	607.1901, F.S.; eliminating transfers of specified funds
1728	from the Corporations Trust Fund; amending s. 607.19011,
1729	F.S.; providing for use of the Corporations Trust Fund as
1730	directed by the Legislature; amending s. 402.3017, F.S.;
1731	providing for administration of the Teacher Education and
1732	Compensation Helps (TEACH) scholarship program by the
1733	Agency for Workforce Innovation; amending s. 411.01, F.S.;
1734	providing priority for placement of children in the school
1735	readiness program; amending s. 1013.62, F.S.; providing
1736	that funds for charter school capital outlay funding shall
1737	be distributed by the Department of Education as provided
1738	in the General Appropriations Act; amending s. 1009.66,
1739	F.S.; deleting certain provisions relating to investment
1740	and use of interest income of the Nursing Student Loan
1741	Forgiveness Trust Fund; amending s. 385.207, F.S.;
1742	deleting certain provisions relating to investment and use
1743	of interest income of the Epilepsy Services Trust Fund;
1744	amending s. 570.544, F.S.; reducing consumer complaint
1745	processing responsibilities of the Division of Consumer
1746	Services of the Department of Agriculture and Consumer
1747	Services; amending ss. 526.3135 and 559.921, F.S., to
1748	conform; providing for transfer pursuant to law or a type
1749	two transfer of all powers, duties, functions, records,
1750	personnel, property, and unexpended balances of
1751	appropriations, allocations, and other funds of the Office
1752	of Program Policy Analysis and Government Accountability
1753	to the Office of the Auditor General; providing for a type
1754	two transfer of all powers, duties, functions, records,
1755	personnel, property, and unexpended balances of
1756	appropriations, allocations, and other funds of the
1757	Council for Education Policy Research and Improvement to
1758	the Office of the Auditor General; providing for future
1759	repeal or expiration of various provisions; providing for
1760	reversion of certain provisions; providing effect of veto
1761	of specific appropriation or proviso to which implementing
1762	language refers; providing applicability to other
1763	legislation; incorporating by reference specified
1764	performance measures and standards directly linked to the
1765	appropriations made in the 2003-2004 General
1766	Appropriations Act, as required by the Government
1767	Performance and Accountability Act of 1994; providing
1768	severability; providing an effective date.