HB 1837

1	A bill to be entitled
2	An act implementing the 2004-2005 General Appropriations
3	Act; providing legislative intent; providing accounting
4	requirements for the state universities for the 2004-2005
5	fiscal year; amending s. 220.187, F.S.; specifying the
6	total amount of scholarship funding tax credits and
7	carryforward tax credits that may be granted for the 2004-
8	2005 fiscal year; amending s. 216.292, F.S.; authorizing
9	the Department of Children and Family Services to transfer
10	funds within the family safety program; amending s.
11	561.121, F.S.; providing that moneys in the Children and
12	Adolescents Substance Abuse Trust Fund may also be used
13	for the purpose of funding programs directed at reducing
14	and eliminating substance abuse problems among adults;
15	amending s. 409.1671, F.S.; requiring that funds for
16	privatized foster care and related services be allocated
17	in accordance with a methodology adopted by the Department
18	of Children and Family Services by rule and granting
19	rulemaking authority for such purpose; providing for lump
20	sum funding in the Department of Children and Family
21	Services to provide for continuity of foster care under
22	certain circumstances; amending s. 394.908, F.S.;
23	providing for substance abuse and mental health funding
24	equity as provided in the General Appropriations Act;
25	amending s. 287.057, F.S.; authorizing the Department of
26	Children and Family Services to contract with a private
27	provider for a mental health treatment facility;
28	authorizing the Department of Corrections and the
29	Department of Juvenile Justice to make certain
30	expenditures to defray costs incurred by a municipality or
31	county as a result of opening or operating a facility
32	under authority of the respective department; amending s.
33	216.262, F.S.; providing for additional positions to
34	operate additional prison bed capacity under certain
35	circumstances; authorizing transfer of certain funds from
36	the courts to the Justice Administrative Commission to
37	meet certain shortfalls in due process appropriations;
38	amending s. 215.96, F.S.; requiring the Financial
39	Management Information Board to provide certain policies,
40	procedures, and processes for integration of central
41	administrative and financial information systems;
42	providing for an agreement between the Department of
43	Agriculture and Consumer Services and the Department of
44	Transportation for the construction of an agricultural
45	interdiction station in Escambia County; amending s.
46	373.59, F.S.; reallocating funds from the Water Management
47	Lands Trust Fund to water management districts; amending
48	s. 252.373, F.S.; providing for use of funds of the
49	Emergency Management, Preparedness, and Assistance Trust
50	Fund, including the use of certain funds as state matching
51	funds for federally approved Hazard Mitigation Grant
52	Program projects; amending s. 411.01, F.S.; providing
53	priority for placement of children in the school readiness
54	program; amending s. 320.08058, F.S.; authorizing proceeds
55	from the Professional Sports Development Trust Fund to be
56	used for operational expenses of the Florida Sports
57	Foundation and financial support of the Sunshine State
58	Games; amending s. 339.08, F.S.; transferring funds from
59	the State Transportation Trust Fund to the General Revenue
60	Fund; reducing the amount transferred from certain
61	transportation calculation requirements; amending s.
62	287.057, F.S.; exempting certain voter education
63	activities from competitive-solicitation requirements;
64	amending s. 311.07, F.S.; continuing eligibility of
65	seaport security infrastructure measures for funding by
66	grant under the Florida Seaport Transportation and
67	Economic Development Program; providing for the budget of
68	the Council for Education Policy Research and Improvement
69	to be administered by the Auditor General; providing that
70	the council is otherwise independent; authorizing the
71	Executive Office of the Governor to transfer funds between
72	departments for purposes of aligning amounts paid for risk
73	management premiums and for purposes of aligning amounts
74	paid for human resource management services; authorizing
75	the Executive Office of the Governor to transfer certain
76	funds to align budget authority pursuant to redesign of
77	the State Employees Group Health Insurance Program;
78	amending s. 110.1239, F.S.; providing requirements for the
79	funding of the state group health insurance program;
80	amending s. 112.061, F.S.; providing for computation of
81	travel time and reimbursement for public officers' and
82	employees' travel; providing for future repeal or
83	expiration of various provisions; providing for reversion
84	of certain provisions; providing effect of veto of
85	specific appropriation or proviso to which implementing
86	language refers; providing applicability to other
87	legislation; providing severability; providing an
88	effective date.
89
90	Be It Enacted by the Legislature of the State of Florida:
91
92	Section 1.  It is the intent of the Legislature that the
93	implementing and administering provisions of this act apply to
94	the General Appropriations Act for fiscal year 2004-2005.
95	Section 2.  In order to implement Specific Appropriations
96	32-36, 153-157, 159, and 160 of the 2004-2005 General
97	Appropriations Act:
98	(1)  Each university that has not made the transition,
99	effective July 1, 2004, from the state accounting system (FLAIR)
100	shall utilize the state accounting system for fiscal year 2004-
101	2005 but is not required to provide funds to the Department of
102	Financial Services for its utilization.
103	(2)  Notwithstanding the provisions of ss. 216.181,
104	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
105	216.351, Florida Statutes, funds appropriated or reappropriated
106	to the state universities in the 2004-2005 General
107	Appropriations Act, or any other act passed by the 2004
108	Legislature containing appropriations, shall be distributed to
109	each university according to the 2004-2005 fiscal year operating
110	budget approved by the university board of trustees. Each
111	university board of trustees shall have authority to amend the
112	operating budget as circumstances warrant. The operating budget
113	may utilize traditional appropriation categories or it may
114	consolidate the appropriations into a special category
115	appropriation account. The Chief Financial Officer, upon the
116	request of the university board of trustees, shall record by
117	journal transfer the distribution of the appropriated funds and
118	releases according to the approved operating budget to the
119	appropriation accounts established for disbursement purposes for
120	each university within the state accounting system (FLAIR).
121	(3)  Notwithstanding the provisions of ss. 216.181,
122	216.292, and 1011.4105, Florida Statutes, and pursuant to s.
123	216.351, Florida Statutes, each university board of trustees
124	shall include in an approved operating budget the revenue in
125	trust funds supported by student and other fees as well as the
126	trust funds within the Contracts, Grants, and Donations;
127	Auxiliary Enterprises; and Sponsored Research budget entities.
128	The university board of trustees shall have the authority to
129	amend the operating budget as circumstances warrant. The
130	operating budget may utilize traditional appropriation
131	categories or it may consolidate the trust fund spending
132	authority into a special category appropriation account. The
133	Chief Financial Officer, upon the request of the university
134	board of trustees, shall record the distribution of the trust
135	fund spending authority and releases according to the approved
136	operating budget to the appropriation accounts established for
137	disbursement purposes for each university within the state
138	accounting system (FLAIR).
139	(4)  Notwithstanding those provisions of ss. 216.181,
140	216.292, and 1011.4105, Florida Statutes, which are inconsistent
141	with the provisions of this subsection and pursuant to s.
142	216.351, Florida Statutes, fixed capital outlay funds
143	appropriated or reappropriated in the 2004-2005 General
144	Appropriations Act, or any other act passed by the 2004
145	Legislature containing fixed capital outlay appropriations, for
146	universities that have made the transition, effective July 1,
147	2004, from the state accounting system (FLAIR) shall be
148	administered by the Department of Education and shall be
149	distributed to the universities as needed for projects based
150	upon estimated invoices to be paid during the following 30 days
151	or as required by bond documents. For undisbursed fixed capital
152	outlay appropriations from prior fiscal years for universities
153	that have made the transition, effective July 1, 2004, from the
154	state accounting system (FLAIR), the Executive Office of the
155	Governor and the Chief Financial Officer shall have authority to
156	transfer such undisbursed fixed capital outlay appropriations
157	into appropriations under the Department of Education for
158	distribution to the universities as needed for projects based on
159	estimated invoices to be paid during the following 30 days or as
160	required by bond documents. Expenditure of fixed capital outlay
161	appropriations shall be consistent with legislative policy and
162	intent.
163	(5)  This section expires July 1, 2005.
164	Section 3.  In order to implement sections 2 through 7 of
165	the 2004-2005 General Appropriations Act, paragraph (b) of
166	subsection (3) of section 220.187, Florida Statutes, is amended
167	to read:
168	220.187  Credits for contributions to nonprofit
169	scholarship-funding organizations.--
170	(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
171	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
172	(b)1.  The total amount of tax credits and carryforward of
173	tax credits which may be granted each state fiscal year under
174	this section is $88 million.
175	2.  Notwithstanding subparagraph 1., and for the 2004-2005
176	fiscal year only, the total amount of tax credits and
177	carryforward of tax credits which may be granted each state
178	fiscal year under this section is $50 million. This subparagraph
179	expires July 1, 2005.
180	Section 4.  In order to implement Specific Appropriations
181	303, 306, and 308 of the 2004-2005 General Appropriations Act,
182	subsection (12) of section 216.292, Florida Statutes, is amended
183	to read:
184	216.292  Appropriations nontransferable; exceptions.--
185	(12)  For the 2004-2005 2003-2004 fiscal year only and
186	notwithstanding the other provisions of this section, the
187	Department of Children and Family Services may transfer funds
188	within the family safety program identified in the General
189	Appropriations Act from identical funding sources between the
190	following appropriation categories without limitation as long as
191	such a transfer does not result in an increase to the total
192	recurring general revenue or trust fund cost of the agency in
193	the subsequent fiscal year: adoption services and subsidy;
194	family foster care; and emergency shelter care. Such transfers
195	must be consistent with legislative policy and intent and must
196	not adversely affect achievement of approved performance
197	outcomes or outputs in the family safety program. Notice of
198	proposed transfers under this authority must be provided to the
199	Executive Office of the Governor and the chairs of the
200	legislative appropriations committees at least 5 working days
201	before their implementation. This subsection expires July 1,
202	2005 2004.
203	Section 5.  In order to implement Specific Appropriations
204	385 and 388 of the 2004-2005 General Appropriations Act,
205	subsection (4) of section 561.121, Florida Statutes, is amended
206	to read:
207	561.121  Deposit of revenue.--
208	(4)(a)  State funds collected pursuant to s. 561.501 shall
209	be paid into the State Treasury and credited to the following
210	accounts:
211	1.  Twenty-seven and two-tenths percent of the surcharge on
212	the sale of alcoholic beverages for consumption on premises
213	shall be transferred to the Children and Adolescents Substance
214	Abuse Trust Fund, which shall remain with the Department of
215	Children and Family Services for the purpose of funding programs
216	directed at reducing and eliminating substance abuse problems
217	among children and adolescents.
218	2.  The remainder of collections shall be credited to the
219	General Revenue Fund.
220	(b)  For the 2004-2005 2003-2004 state fiscal year only,
221	and notwithstanding the provisions of subparagraph (a)1., moneys
222	in the Children and Adolescents Substance Abuse Trust Fund may
223	also be used for the purpose of funding programs directed at
224	reducing and eliminating substance abuse problems among adults.
225	This paragraph expires July 1, 2005 2004.
226	Section 6.  In order to implement Specific Appropriation
227	301D of the 2004-2005 General Appropriations Act, subsection (7)
228	of section 409.1671, Florida Statutes, as amended by section 27
229	of chapter 2003-399, Laws of Florida, is amended to read:
230	409.1671  Foster care and related services;
231	privatization.--
232	(7)  The department, in consultation with existing lead
233	agencies, shall develop a proposal regarding the long-term use
234	and structure of a statewide shared earnings program which
235	addresses the financial risk to eligible lead community-based
236	providers resulting from unanticipated caseload growth or from
237	significant changes in client mixes or services eligible for
238	federal reimbursement. The recommendations in the statewide
239	proposal must also be available to entities of the department
240	until the conversion to community-based care takes place. At a
241	minimum, the proposal must allow for use of federal earnings
242	received from child welfare programs, which earnings are
243	determined by the department to be in excess of the amount
244	appropriated in the General Appropriations Act, to be used for
245	specific purposes. These purposes include, but are not limited
246	to:
247	(a)  Significant changes in the number or composition of
248	clients eligible to receive services.
249	(b)  Significant changes in the services that are eligible
250	for reimbursement.
251	(c)  Significant changes in the availability of federal
252	funds.
253	(d)  Shortfalls in state funds available for eligible or
254	ineligible services.
255	(e)  Significant changes in the mix of available funds.
256	(f)  Scheduled or unanticipated, but necessary, advances to
257	providers or other cash-flow issues.
258	(g)  Proposals to participate in optional Medicaid services
259	or other federal grant opportunities.
260	(h)  Appropriate incentive structures.
261	(i)  Continuity of care in the event of lead agency
262	failure, discontinuance of service, or financial misconduct.
263
264	The department shall further specify the necessary steps to
265	ensure the financial integrity of these dollars and their
266	continued availability on an ongoing basis. The final proposal
267	shall be submitted to the Legislative Budget Commission for
268	formal adoption before December 31, 2004 2002. If the
269	Legislative Budget Commission refuses to concur with the
270	adoption of the proposal, the department shall present its
271	proposal in the form of recommended legislation to the President
272	of the Senate and the Speaker of the House of Representatives
273	before the commencement of the next legislative session. For
274	fiscal year 2003-2004 and annually thereafter, the department of
275	Children and Family Services may request in its legislative
276	budget request, and the Governor may recommend, the funding
277	necessary to carry out paragraph (i) from excess federal
278	earnings. The General Appropriations Act shall include any funds
279	appropriated for this purpose in a lump sum in the department
280	Administered Funds Program, which funds constitute partial
281	security for lead agency contract performance. The department
282	shall use this appropriation to offset the need for a
283	performance bond for that year after a comparison of risk to the
284	funds available. In no event shall this performance bond exceed
285	2.5 percent of the annual contract value. The department may
286	separately require a bond to mitigate the financial consequences
287	of potential acts of malfeasance, misfeasance, or criminal
288	violations by the provider. Prior to the release of any funds in
289	the lump sum, the department shall submit a detailed operational
290	plan, which must identify the sources of specific trust funds to
291	be used. The release of the trust fund shall be subject to the
292	notice and review provisions of s. 216.177. However, the release
293	shall not require approval of the Legislative Budget Commission.
294	Section 7.  The amendment of subsection (7) of section
295	409.1671, Florida Statutes, by this act shall expire on July 1,
296	2005, and the text of that subsection shall revert to that in
297	existence on June 30, 2004, except that any amendments to such
298	text enacted other than by this act shall be preserved and
299	continue to operate to the extent that such amendments are not
300	dependent upon the portions of such text which expire pursuant
301	to the provisions of this act.
302	Section 8.  In order to implement Specific Appropriations
303	356-388 of the 2004-2005 General Appropriations Act, subsection
304	(8) of section 394.908, Florida Statutes, is amended to read:
305	394.908  Substance abuse and mental health funding equity;
306	distribution of appropriations.--In recognition of the
307	historical inequity among service districts of the former
308	Department of Health and Rehabilitative Services in the funding
309	of substance abuse and mental health services, and in order to
310	rectify this inequity and provide for equitable funding in the
311	future throughout the state, the following funding process shall
312	be adhered to:
313	(8)  For fiscal year 2004-2005 2003-2004 only, and
314	notwithstanding the provisions of this section, all new funds
315	received in excess of fiscal year 2003-2004 2002-2003 recurring
316	appropriations shall be allocated in accordance with the
317	provisions of the General Appropriations Act; however, no
318	district shall receive an allocation of recurring funds less
319	than its initial approved operating budget, plus any
320	distributions of lump sum appropriations or reductions in
321	unfunded budget, for fiscal year 2003-2004 2002-2003. This
322	subsection expires July 1, 2005 2004.
323	Section 9.  In order to implement Specific Appropriations
324	436-445 of the 2004-2005 General Appropriations Act, subsection
325	(14) of section 287.057, Florida Statutes, is amended to read:
326	287.057  Procurement of commodities or contractual
327	services.--
328	(14)(a)  Contracts for commodities or contractual services
329	may be renewed for a period that may not exceed 3 years or the
330	term of the original contract, whichever period is longer.
331	Renewal of a contract for commodities or contractual services
332	shall be in writing and shall be subject to the same terms and
333	conditions set forth in the initial contract. If the commodity
334	or contractual service is purchased as a result of the
335	solicitation of bids, proposals, or replies, the price of the
336	commodity or contractual service to be renewed shall be
337	specified in the bid, proposal, or reply. A renewal contract may
338	not include any compensation for costs associated with the
339	renewal. Renewals shall be contingent upon satisfactory
340	performance evaluations by the agency and subject to the
341	availability of funds. Exceptional purchase contracts pursuant
342	to s. 287.057(5)(a) and (c) may not be renewed.
343	(b)  Notwithstanding paragraph (a), the Department of
344	Children and Family Services may enter into agreements, not to
345	exceed 20 years, with a private provider to finance, design, and
346	construct a treatment facility, as defined in s. 394.455, of at
347	least 200 beds and to operate all aspects of daily operations
348	within the treatment facility. The selected contractor is
349	authorized to sponsor the issuance of tax-exempt certificates of
350	participation or other securities to finance the project, and
351	the state is authorized to enter into a lease-purchase agreement
352	for the treatment facility. The Department of Children and
353	Family Services shall begin the implementation of this
354	privatization initiative by January 1, 2005. This paragraph
355	expires July 1, 2005.
356	Section 10.  In order to fulfill legislative intent
357	regarding the use of funds contained in Specific Appropriations
358	667, 681, 693, and 1138 of the 2004-2005 General Appropriations
359	Act, the Department of Corrections and the Department of
360	Juvenile Justice may expend appropriated funds to assist in
361	defraying the costs of impacts that are incurred by a
362	municipality or county and associated with opening or operating
363	a facility under the authority of the respective department
364	which is located within that municipality or county. The amount
365	that is to be paid under this section for any facility may not
366	exceed 1 percent of the facility construction cost, less
367	building impact fees imposed by the municipality or by the
368	county if the facility is located in the unincorporated portion
369	of the county. This section expires July 1, 2005.
370	Section 11.  In order to implement Specific Appropriations
371	655-751 and 781-794 of the 2004-2005 General Appropriations Act,
372	subsection (4) of section 216.262, Florida Statutes, is amended
373	to read:
374	216.262  Authorized positions.--
375	(4)  Notwithstanding the provisions of this chapter on
376	increasing the number of authorized positions, and for the 2004-
377	2005 2003-2004 fiscal year only, if the actual inmate population
378	of the Department of Corrections exceeds the inmate population
379	projections of the February 16, 2004 July 9, 2003, Criminal
380	Justice Estimating Conference by 1 percent for 2 consecutive
381	months or 2 percent for any month, the Executive Office of the
382	Governor, with the approval of the Legislative Budget
383	Commission, shall immediately notify the Criminal Justice
384	Estimating Conference, which shall convene as soon as possible
385	to revise the estimates. The Department of Corrections may then
386	submit a budget amendment requesting the establishment of
387	positions in excess of the number authorized by the Legislature
388	and additional appropriations from the General Revenue Fund or
389	the Working Capital Fund sufficient to provide for essential
390	staff and other resources to provide classification, security,
391	food services, health services, and other variable expenses
392	within the institutions to accommodate the estimated increase in
393	the inmate population. All actions taken pursuant to the
394	authority granted in this subsection shall be subject to review
395	and approval by the Legislative Budget Commission. This
396	subsection expires July 1, 2005 2004.
397	Section 12.  In order to implement Specific Appropriation
398	2889C of the 2004-2005 General Appropriations Act, and pursuant
399	to the notice, review, and objection procedures of s. 216.177,
400	Florida Statutes, funds in Specific Appropriation 2889C of the
401	2004-2005 General Appropriations Act may be transferred from the
402	courts to the Justice Administrative Commission in order to
403	address unanticipated shortfalls in due process appropriations
404	in excess of the contingency fund provided in Specific
405	Appropriation 829A of the 2004-2005 General Appropriations Act.
406	This section expires July 1, 2005.
407	Section 13.  In order to implement Specific Appropriation
408	2321 of the 2004-2005 General Appropriations Act, subsection (4)
409	of section 215.96, Florida Statutes, is amended to read:
410	215.96  Coordinating council and design and coordination
411	staff.--
412	(4)  The Financial Management Information Board, through
413	the coordinating council, shall provide the necessary planning,
414	implementation, and integration policies, coordination
415	procedures, and reporting processes to facilitate the successful
416	and efficient integration of the central administrative and
417	financial management information systems, including the Florida
418	Accounting Information Resource system (FLAIR), Cash Management
419	System (CMS), and FLAIR/CMS replacement (Aspire) project, the
420	payroll system in the Department of Financial Services, the
421	Legislative Appropriations System/Planning and Budgeting
422	Subsystem (LAS/PBS), the State Purchasing System (SPURS) and
423	MyFlorida Marketplace project, the Cooperative Personnel
424	Employment Subsystem (COPES) and the PeopleFirst Outsourcing
425	project, and the State Unified Tax system (SUNTAX).
426	(a)  To fulfill this role, the coordinating council shall
427	establish an Enterprise Resource Planning Integration Task
428	Force, which shall consist of the coordinating council members
429	plus the Chief Information Officer in the State Technology
430	Office and the Executive Director or designee in the Department
431	of Revenue, who shall serve with voting rights on the task
432	force. The nonvoting ex officio members of the coordinating
433	council shall be nonvoting members of the task force.
434	(b)  The task force shall be established by August 1, 2003,
435	and shall remain in existence until the integration goals have
436	been achieved among the (Aspire) FLAIR/CMS Replacement project,
437	SPURS and MyFlorida Marketplace project, COPES and PeopleFirst
438	project, payroll system, LAS/PBS, and SUNTAX system, or until
439	June 30, 2005, whichever is later. The task force shall hold its
440	initial meeting no later than September 1, 2003, and shall meet
441	at the call of the chair or at least once every 60 days. In its
442	initial meeting, The task force members shall:
443	1.  Adopt a task force charter that identifies major
444	objectives, activities, milestones and deliverables, significant
445	assumptions, and constraints on the task force functions and
446	major stakeholder groups interested in the outcome of the task
447	force.
448	2.  Consider and adopt processes by which information will
449	be collected and business process and technical integration
450	issues will be raised for analysis and recommendation by the
451	task force.
452	3.  Elect a member to serve as vice chair. Any vacancy in
453	the vice chair position shall be filled by similar election
454	within 30 days after the date the vacancy is effective.
455	(c)  The coordinating council shall provide administrative
456	and technical support to the task force as is reasonably
457	necessary for the task force to effectively and timely carry out
458	its duties and responsibilities. The cost of providing such
459	support may be paid from funds appropriated for the operation of
460	the council or the (Aspire) FLAIR/CMS Replacement project. The
461	task force also may contract for services to obtain specific
462	expertise to analyze, facilitate, and formulate recommendations
463	to address process and technical integration problems that need
464	to be resolved.
465	(d)  Using information and input from project teams and
466	stakeholders responsible for the (Aspire) FLAIR/CMS Replacement
467	project, SPURS and MyFlorida Marketplace project, COPES and
468	PeopleFirst project, payroll system, LAS/PBS, and SUNTAX system,
469	the responsibilities of the task force shall include, but not be
470	limited to:
471	1.  Identifying and documenting central administrative and
472	financial management policies, procedures, and processes that
473	need to be integrated and recommending steps for implementation.
474	2.  Collecting information from the subsystem owners and
475	project teams and developing and publishing a consolidated list
476	of enterprise resource planning functional and technical
477	integration requirements.
478	3.  Publishing integration plans and timelines based on
479	information collected from task force members.
480	4.  Forming committees, workgroups, and teams as provided
481	in subsection (3).
482	5.  Developing recommendations for the Financial Management
483	Information Board which clearly describe any business or
484	technical problems that need to be addressed, the options for
485	resolving the problem, and the recommended actions.
486	6.  Developing and implementing plans for reporting status
487	of integration efforts.
488	(e)  The task force shall provide recommendations to the
489	Financial Management Information Board for review and approval
490	regarding the technical, procedural, policy, and process
491	requirements and changes that are needed to successfully
492	integrate, implement, and realize the benefits of the enterprise
493	resource planning initiatives associated with the (Aspire)
494	FLAIR/CMS Replacement project, SPURS and MyFlorida Marketplace
495	project, COPES and PeopleFirst project, payroll system, LAS/PBS,
496	and SUNTAX system. The first of these reports should be provided
497	no later than October 3, 2003.
498	(f)  The task force shall monitor, review, and evaluate the
499	progress of the (Aspire) FLAIR/CMS Replacement project, SPURS
500	and MyFlorida Marketplace project, COPES and PeopleFirst
501	project, payroll system, LAS/PBS, and SUNTAX system, in
502	implementing the process and technical integration requirements
503	and changes approved by the Financial Management Information
504	Board and in achieving the necessary integration among the
505	central administrative and financial management information
506	systems represented on the task force. The task force shall
507	prepare and submit quarterly reports to the Executive Office of
508	the Governor, the chairs of the Senate Appropriations Committee
509	and the House Appropriations Committee, and the Financial
510	Management Information Board. Each quarterly report shall
511	identify and describe the technical, procedural, policy, and
512	process requirements and changes proposed and adopted by the
513	board and shall describe the status of the implementation of
514	these integration efforts, identify any problems, issues, or
515	risks that require executive-level action, and report actual
516	costs related to the Enterprise Resource Planning Integration
517	Task Force.
518	(g)  By January 15, 2005 2004, and annually thereafter,
519	until it is disbanded, the Enterprise Resource Planning
520	Integration Task Force shall report to the Financial Management
521	Information Board, the Speaker of the House of Representatives,
522	and the President of the Senate the results of the task force's
523	monitoring, review, and evaluation of enterprise resource
524	planning integration activities and requirements, and any
525	recommendations for statutory changes to be considered by the
526	Legislature.
527	(h)  This subsection expires July 1, 2005 2004.
528	Section 14.  In order to continue implementing Specific
529	Appropriation 1379B of the 2003-2004 General Appropriations Act
530	and notwithstanding any provision of chapter 287 or chapter 337,
531	Florida Statutes, from the funds appropriated to the Department
532	of Agriculture and Consumer Services for the 2003-2004 and 2004-
533	2005 fiscal years for the purpose of constructing an
534	agricultural interdiction station on Interstate 10 in Escambia
535	County, the Department of Agriculture and Consumer Services
536	shall enter into an agreement with the Department of
537	Transportation wherein the Department of Transportation, on
538	behalf of the Department of Agriculture and Consumer Services,
539	shall proceed with the construction of the station under the
540	authority established in chapter 337, Florida Statutes. The
541	Department of Agriculture and Consumer Services shall be
542	authorized to execute all contracts resulting from such
543	Department of Transportation selection of contractors in
544	compliance with chapter 337, Florida Statutes. This section
545	expires July 1, 2005.
546	Section 15.  In order to implement Specific Appropriation
547	1705A and 1706 of the 2004-2005 General Appropriations Act,
548	subsection (8) of section 373.59, Florida Statutes, is amended
549	to read:
550	373.59  Water Management Lands Trust Fund.--
551	(8)(a)  Moneys from the Water Management Lands Trust Fund
552	shall be allocated to the five water management districts in the
553	following percentages:
554	1.(a)  Thirty percent to the South Florida Water Management
555	District.
556	2.(b)  Twenty-five percent to the Southwest Florida Water
557	Management District.
558	3.(c)  Twenty-five percent to the St. Johns River Water
559	Management District.
560	4.(d)  Ten percent to the Suwannee River Water Management
561	District.
562	5.(e)  Ten percent to the Northwest Florida Water
563	Management District.
564	(b)  Notwithstanding paragraph (a), and for the 2004-2005
565	fiscal year only, the first $329,977 of the moneys allocated to
566	the water management districts from the Water Management Lands
567	Trust Fund shall be distributed to the Suwannee River Water
568	Management District for implementing best management practices
569	in the Suwannee River Basin and the next $1,044,926 shall be
570	distributed to the Northwest Florida Water Management District
571	for administration. The remaining moneys shall be distributed as
572	provided in paragraph (a). This paragraph expires July 1, 2005.
573	Section 16.  In order to implement Specific Appropriation
574	1496 of the 2004-2005 General Appropriations Act, paragraphs (b)
575	and (c) of subsection (1) of section 252.373, Florida Statutes,
576	are amended to read:
577	252.373  Allocation of funds; rules.--
578	(1)
579	(b)  Notwithstanding the provisions of paragraph (a), and
580	for the 2004-2005 2003-2004 fiscal year only, the use of the
581	Emergency Management, Preparedness, and Assistance Trust Fund
582	shall be as provided in the General Appropriations Act. This
583	paragraph expires on July 1, 2005 2004.
584	(c)  Notwithstanding the provisions of paragraph (a), and
585	for the 2004-2005 2003-2004 fiscal year only, the Department of
586	Community Affairs shall conduct a review of funds available in
587	the Emergency Management, Preparedness, and Assistance Trust
588	Fund. By December 31, 2004 2003, when actual receipts for the
589	2003-2004 2002-2003 fiscal year are determined, the Department
590	of Community Affairs may identify any funds that were unspent or
591	unencumbered in the 2003-2004 2002-2003 fiscal year, and such
592	funds may be transferred to the Grants and Donations Trust Fund
593	to be used for the state portion of the match requirements for
594	federally approved disaster projects. This paragraph expires
595	July 1, 2005 2004.
596	Section 17.  In order to implement Specific Appropriations
597	2122F and 2122G of the 2004-2005 General Appropriations Act,
598	subsection (13) of section 411.01, Florida Statutes, is amended
599	to read:
600	411.01  Florida Partnership for School Readiness; school
601	readiness coalitions.--
602	(13)  PLACEMENTS.--Notwithstanding any other provision of
603	this section to the contrary, and for fiscal year 2004-2005
604	2003-2004 only, the first children to be placed in the school
605	readiness program shall be those from families receiving
606	temporary cash assistance and subject to federal work
607	requirements. Subsequent placements shall be pursuant to the
608	provisions of this section. This subsection expires July 1, 2005
609	2004.
610	Section 18.  In order to implement Specific Appropriation
611	2480L of the 2004-2005 General Appropriations Act, paragraph (b)
612	of subsection (9) of section 320.08058, Florida Statutes, is
613	amended to read:
614	320.08058  Specialty license plates.--
615	(9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
616	(b)  The license plate annual use fees are to be annually
617	distributed as follows:
618	1.  Fifty-five percent of the proceeds from the Florida
619	Professional Sports Team plate must be deposited into the
620	Professional Sports Development Trust Fund within the Office of
621	Tourism, Trade, and Economic Development. These funds must be
622	used solely to attract and support major sports events in this
623	state. As used in this subparagraph, the term "major sports
624	events" means, but is not limited to, championship or all-star
625	contests of Major League Baseball, the National Basketball
626	Association, the National Football League, the National Hockey
627	League, the men's and women's National Collegiate Athletic
628	Association Final Four basketball championship, or a horseracing
629	or dogracing Breeders' Cup. All funds must be used to support
630	and promote major sporting events, and the uses must be approved
631	by the Florida Sports Foundation.
632	2.  The remaining proceeds of the Florida Professional
633	Sports Team license plate must be allocated to the Florida
634	Sports Foundation, a direct-support organization of the Office
635	of Tourism, Trade, and Economic Development. These funds must be
636	deposited into the Professional Sports Development Trust Fund
637	within the Office of Tourism, Trade, and Economic Development.
638	These funds must be used by the Florida Sports Foundation to
639	promote the economic development of the sports industry; to
640	distribute licensing and royalty fees to participating
641	professional sports teams; to institute a grant program for
642	communities bidding on minor sporting events that create an
643	economic impact for the state; to distribute funds to Florida-
644	based charities designated by the Florida Sports Foundation and
645	the participating professional sports teams; and to fulfill the
646	sports promotion responsibilities of the Office of Tourism,
647	Trade, and Economic Development.
648	3.  The Florida Sports Foundation shall provide an annual
649	financial audit in accordance with s. 215.981 of its financial
650	accounts and records by an independent certified public
651	accountant pursuant to the contract established by the Office of
652	Tourism, Trade, and Economic Development as specified in s.
653	288.1229(5). The auditor shall submit the audit report to the
654	Office of Tourism, Trade, and Economic Development for review
655	and approval. If the audit report is approved, the office shall
656	certify the audit report to the Auditor General for review.
657	4.  For the 2004-2005 2003-2004 fiscal year only and
658	notwithstanding the provisions of subparagraphs 1. and 2.,
659	proceeds from the Professional Sports Development Trust Fund may
660	also be used for operational expenses of the Florida Sports
661	Foundation and financial support of the Sunshine State Games.
662	This subparagraph expires July 1, 2005 2004.
663	Section 19.  In order to implement section 20 of the 2004-
664	2005 General Appropriations Act, subsection (5) of section
665	339.08, Florida Statutes, is amended to read:
666	339.08  Use of moneys in State Transportation Trust Fund.--
667	(5)  For the 2004-2005 2003-2004 fiscal year only and
668	notwithstanding the provisions of this section and s. 339.09(1),
669	$100 $200 million may be transferred from the State
670	Transportation Trust Fund to the General Revenue Fund in the
671	2004-2005 2003-2004 General Appropriations Act. Such transfer
672	may be comprised of several smaller transfers made during the
673	2004-2005 2003-2004 fiscal year. Notwithstanding ss. 206.46(3)
674	and 206.606(2), the total amount transferred shall be reduced
675	from total state revenues deposited into the State
676	Transportation Trust Fund for the calculation requirements of
677	ss. 206.46(3) and 206.606(2). This subsection expires July 1,
678	2005 2004.
679	Section 20.  In order to implement Specific Appropriation
680	2826O of the 2004-2005 General Appropriations Act, paragraph (f)
681	of subsection (5) of section 287.057, Florida Statutes, is
682	amended to read:
683	287.057  Procurement of commodities or contractual
684	services.--
685	(5)  When the purchase price of commodities or contractual
686	services exceeds the threshold amount provided in s. 287.017 for
687	CATEGORY TWO, no purchase of commodities or contractual services
688	may be made without receiving competitive sealed bids,
689	competitive sealed proposals, or competitive sealed replies
690	unless:
691	(f)  The following contractual services and commodities are
692	not subject to the competitive-solicitation requirements of this
693	section:
694	1.  Artistic services.
695	2.  Academic program reviews.
696	3.  Lectures by individuals.
697	4.  Auditing services.
698	5.  Legal services, including attorney, paralegal, expert
699	witness, appraisal, or mediator services.
700	6.  Health services involving examination, diagnosis,
701	treatment, prevention, medical consultation, or administration.
702	7.  Services provided to persons with mental or physical
703	disabilities by not-for-profit corporations which have obtained
704	exemptions under the provisions of s. 501(c)(3) of the United
705	States Internal Revenue Code or when such services are governed
706	by the provisions of Office of Management and Budget Circular A-
707	122. However, in acquiring such services, the agency shall
708	consider the ability of the vendor, past performance,
709	willingness to meet time requirements, and price.
710	8.  Medicaid services delivered to an eligible Medicaid
711	recipient by a health care provider who has not previously
712	applied for and received a Medicaid provider number from the
713	Agency for Health Care Administration. However, this exception
714	shall be valid for a period not to exceed 90 days after the date
715	of delivery to the Medicaid recipient and shall not be renewed
716	by the agency.
717	9.  Family placement services.
718	10.  Prevention services related to mental health,
719	including drug abuse prevention programs, child abuse prevention
720	programs, and shelters for runaways, operated by not-for-profit
721	corporations. However, in acquiring such services, the agency
722	shall consider the ability of the vendor, past performance,
723	willingness to meet time requirements, and price.
724	11.  Training and education services provided to injured
725	employees pursuant to s. 440.49(1).
726	12.  Contracts entered into pursuant to s. 337.11.
727	13.  Services or commodities provided by governmental
728	agencies.
729	14.  Voter education activities of the Department of State
730	or the supervisors of elections, either individually or in the
731	aggregate or with their respective professional associations.
732	This subparagraph expires July 1, 2005.
733	Section 21.  In order to implement Specific Appropriation
734	1993 of the 2004-2005 General Appropriations Act, paragraph (b)
735	of subsection (3) of section 311.07, Florida Statutes, is
736	amended to read:
737	311.07  Florida seaport transportation and economic
738	development funding.--
739	(3)
740	(b)  Projects eligible for funding by grants under the
741	program are limited to the following port facilities or port
742	transportation projects:
743	1.  Transportation facilities within the jurisdiction of
744	the port.
745	2.  The dredging or deepening of channels, turning basins,
746	or harbors.
747	3.  The construction or rehabilitation of wharves, docks,
748	structures, jetties, piers, storage facilities, cruise
749	terminals, automated people mover systems, or any facilities
750	necessary or useful in connection with any of the foregoing.
751	4.  The acquisition of container cranes or other mechanized
752	equipment used in the movement of cargo or passengers in
753	international commerce.
754	5.  The acquisition of land to be used for port purposes.
755	6.  The acquisition, improvement, enlargement, or extension
756	of existing port facilities.
757	7.  Environmental protection projects which are necessary
758	because of requirements imposed by a state agency as a condition
759	of a permit or other form of state approval; which are necessary
760	for environmental mitigation required as a condition of a state,
761	federal, or local environmental permit; which are necessary for
762	the acquisition of spoil disposal sites and improvements to
763	existing and future spoil sites; or which result from the
764	funding of eligible projects listed in this paragraph.
765	8.  Transportation facilities as defined in s. 334.03(31)
766	which are not otherwise part of the Department of
767	Transportation's adopted work program.
768	9.  Seaport intermodal access projects identified in the 5-
769	year Florida Seaport Mission Plan as provided in s. 311.09(3).
770	10.  Construction or rehabilitation of port facilities as
771	defined in s. 315.02, excluding any park or recreational
772	facilities, in ports listed in s. 311.09(1) with operating
773	revenues of $5 million or less, provided that such projects
774	create economic development opportunities, capital improvements,
775	and positive financial returns to such ports.
776	11.  Seaport security measures. Such measures include:
777	a.  Infrastructure security measures required by seaport
778	security plans approved by the Office of Drug Control and the
779	Department of Law Enforcement under s. 311.12, including
780	security gates, physical barriers, and security-related lighting
781	systems, equipment, or facilities to be used for seaport
782	security monitoring and recording, remote surveillance systems,
783	concealed recording systems, or other security infrastructure,
784	technology, vulnerability assessments, or equipment that
785	contributes to the overall security of the seaport and its
786	facilities as specified in the security plans approved by the
787	Office of Drug Control and the Department of Law Enforcement
788	under s. 311.12 or as otherwise specifically found by the
789	Department of Law Enforcement to be a measure consistent with
790	and supportive of such an approved plan. Program funds for such
791	measures may come from funds made available under subsection (2)
792	and s. 320.20(3) or (4). Infrastructure measures required by an
793	approved seaport security plan or as otherwise found by the
794	Department of Law Enforcement to be consistent with and
795	supportive of an approved plan as authorized in this sub-
796	subparagraph are not subject to the matching fund requirements
797	of paragraph (a) or s. 320.20(3) or (4).
798	b.  Law enforcement measures mandated by federal, state, or
799	local governmental agencies, including the deployment of the
800	Florida National Guard, local law enforcement personnel, seaport
801	security personnel, private sector security personnel, or any
802	combination thereof to provide operational security services at
803	any seaport identified in s. 311.09(1). Program funds for such
804	measures may come from funds made available under subsection
805	(2). Law enforcement measures are subject to the matching fund
806	requirements of paragraph (a), except that any funds provided
807	for the Florida National Guard shall remain exempt from the
808	matching fund requirements of paragraph (a) through April 30,
809	2002.
810
811	Notwithstanding s. 339.135(7) or any other provision of law to
812	the contrary, seaports may request that the department change
813	the purpose of a project in the 2000-2001 and 2001-2002 work
814	programs to a purpose authorized under this subparagraph.
815	Additional consideration shall be given to seaports having
816	operating revenues of $14 million or less for operational
817	security and law enforcement measures for grants not to exceed
818	$350,000. Any federal funds that are provided for port security
819	infrastructure improvements of which funds seaports in this
820	state are the beneficiaries shall be allocated in a manner
821	consistent with federal requirements and guidelines. Federal
822	funds obtained by a seaport for a specific security
823	infrastructure project, which project has also received state
824	seaport transportation and economic development funds, shall be
825	used to reimburse the state funds received by the seaport under
826	this subparagraph for the specific project. These reimbursement
827	funds must be used for projects and measures authorized under
828	subparagraphs 1.-10. This subparagraph shall expire June 30,
829	2005 2004.
830	Section 22.  In order to implement Specific Appropriation
831	2589 of the 2004-2005 General Appropriations Act, effective July
832	1, 2004, and notwithstanding the provisions of s. 1008.51,
833	Florida Statutes, the budget for the Council for Education
834	Policy Research and Improvement shall be administered by the
835	Auditor General. However, the Council for Education Policy
836	Research and Improvement shall remain independent of the Auditor
837	General for all programmatic purposes, serving as a citizen
838	board for conducting and reviewing education research, providing
839	independent analysis on education progress, and providing
840	independent evaluation of education issues of statewide concern,
841	as prescribed in s. 1008.51, Florida Statutes. All work products
842	of the Council for Education Policy Research and Improvement are
843	advisory in nature. This section expires July 1, 2005.
844	Section 23.  In order to implement the appropriation of
845	funds in Special Categories-Risk Management Insurance of the
846	2004-2005 General Appropriations Act, and pursuant to the
847	notice, review, and objection procedures of s. 216.177, Florida
848	Statutes, the Executive Office of the Governor is authorized to
849	transfer funds appropriated in the appropriation category
850	"Special Categories-Risk Management Insurance" of the 2004-2005
851	General Appropriations Act between departments in order to align
852	the budget authority granted with the premiums paid by each
853	department for risk management insurance. This section expires
854	July 1, 2005.
855	Section 24.  In order to implement the appropriation of
856	funds in Special Categories-Transfer to Department of Management
857	Services-Human Resources Services Purchased Per Statewide
858	Contract of the 2004-2005 General Appropriations Act, and
859	pursuant to the notice, review, and objection procedures of s.
860	216.177, Florida Statutes, the Executive Office of the Governor
861	is authorized to transfer funds appropriated in the
862	appropriation category "Special Categories-Transfer to
863	Department of Management Services-Human Resources Services
864	Purchased Per Statewide Contract" of the 2004-2005 General
865	Appropriations Act between departments in order to align the
866	budget authority granted with the assessments that must be paid
867	by each agency to the Department of Management Services for
868	human resource management services. This section expires July 1,
869	2005.
870	Section 25.  In order to implement section 8 of the 2004-
871	2005 General Appropriations Act, relating to the state
872	contribution for the State Employees Group Health Insurance Plan
873	and pursuant to the notice, review, and objection procedures of
874	s. 216.177, Florida Statutes, the Executive Office of the
875	Governor is authorized to transfer funds appropriated in the
876	Salaries and Benefits category of the General Appropriations Act
877	between departments in order to align the budget authority
878	granted in accordance with the redesign of the State Employees
879	Group Health Insurance Program and the realignment necessary
880	based upon state contribution revisions and the results of the
881	open enrollment period. This transfer is not subject to the
882	provisions of s. 216.181, Florida Statutes. This section expires
883	July 1, 2005.
884	Section 26.  In order to implement section 8 of the 2004-
885	2005 General Appropriations Act, section 110.1239, Florida
886	Statutes, is amended to read:
887	110.1239  State group health insurance program
888	funding.--For the 2004-2005 2003-2004 fiscal year only, it is
889	For the 2004-2005 2003-2004 fiscal year only, it is the intent
890	of the Legislature that the state group health insurance program
891	be managed, administered, operated, and funded in such a manner
892	as to maximize the protection of state employee health insurance
893	benefits. Inherent in this intent is the recognition that the
894	health insurance liabilities attributable to the benefits
895	offered state employees should be fairly, orderly, and equitably
896	funded. Accordingly:
897	(1)  The division shall determine the level of premiums
898	necessary to fully fund the state group health insurance program
899	for the next fiscal year. Such determination shall be made after
900	each Self-Insurance Estimating Conference as provided in s.
901	216.136(11), but not later than December 1 and April 1 of each
902	fiscal year.
903	(2)  The Governor, in the Governor's recommended budget,
904	shall provide premium rates necessary for full funding of the
905	state group health insurance program, and the Legislature shall
906	provide in the General Appropriations Act for a premium level
907	necessary for full funding of the state group health insurance
908	program.
909	(3)  For purposes of funding, any additional appropriation
910	amounts allocated to the state group health insurance program by
911	the Legislature shall be considered as a state contribution and
912	thus an increase in the state premiums.
913	(4)  This section expires July 1, 2005 2004.
914	Section 27.  In order to implement sections 2 through 7 of
915	the 2004-2005 General Appropriations Act, paragraph (c) of
916	subsection (5) and paragraph (d) of subsection (6) of section
917	112.061, Florida Statutes, are amended to read:
918	112.061  Per diem and travel expenses of public officers,
919	employees, and authorized persons.--
920	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
921	purposes of reimbursement and methods of calculating fractional
922	days of travel, the following principles are prescribed:
923	(c)  For the 2004-2005 2003-2004 fiscal year only and
924	notwithstanding the other provisions of this subsection, for
925	Class C travel, a state traveler shall not be reimbursed on a
926	per diem basis nor shall a traveler receive subsistence
927	allowance. This paragraph expires July 1, 2005 2004.
928	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
929	purposes of reimbursement rates and methods of calculation, per
930	diem and subsistence allowances are divided into the following
931	groups and rates:
932	(d)  For the 2004-2005 2003-2004 fiscal year only and
933	notwithstanding the other provisions of this subsection, for
934	Class C travel, a state traveler shall not be reimbursed on a
935	per diem basis nor shall a traveler receive subsistence
936	allowance. This paragraph expires July 1, 2005 2004.
937	Section 28.  A section of this act that implements a
938	specific appropriation or specifically identified proviso
939	language in the 2004-2005 General Appropriations Act is void if
940	the specific appropriation or specifically identified proviso
941	language is vetoed. A section of this act that implements more
942	than one specific appropriation or more than one portion of
943	specifically identified proviso language in the 2004-2005
944	General Appropriations Act is void if all the specific
945	appropriations or portions of specifically identified proviso
946	language are vetoed.
947	Section 29.  If any other act passed in 2004 contains a
948	provision that is substantively the same as a provision in this
949	act, but that removes or is otherwise not subject to the future
950	repeal applied to such provision by this act, the Legislature
951	intends that the provision in the other act shall take
952	precedence and shall continue to operate, notwithstanding the
953	future repeal provided by this act.
954	Section 30.  If any law that is amended by this act was
955	also amended by a law enacted at the 2004 Regular Session of the
956	Legislature, such laws shall be construed as if they had been
957	enacted during the same session of the Legislature, and full
958	effect should be given to each if that is possible.
959	Section 31.  If any provision of this act or its
960	application to any person or circumstance is held invalid, the
961	invalidity does not affect other provisions or applications of
962	the act which can be given effect without the invalid provision
963	or application, and to this end the provisions of this act are
964	severable.
965	Section 32.  Except as otherwise expressly provided in this
966	act, this act shall take effect July 1, 2004; or, if this act
967	fails to become a law until after that date, it shall take
968	effect upon becoming a law and shall operate retroactively to
969	July 1, 2004.

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