Amendment
Bill No. 2602

Amendment No. 196423

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Negron offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  It is the intent of the Legislature that the
6	implementing and administering provisions of this act apply to
7	the General Appropriations Act for fiscal year 2005-2006.
8	Section 2.  In order to implement Specific Appropriation 17
9	of the 2005-2006 General Appropriations Act, subsection (7) of
10	section 1013.62, Florida Statutes, is amended to read:
11	1013.62  Charter schools capital outlay funding.--
12	(7)  Notwithstanding the provisions of this section,
13	beginning in the 2003-2004 fiscal year:
14	(a)  If the appropriation for charter school capital outlay
15	funds is no greater than the 2002-2003 appropriation, the funds
16	shall be allocated according to the formula outlined in
17	subsection (1) to:
18	1.  The same schools that received funding in 2002-2003.
19	2.  Schools that are an expanded feeder pattern of schools
20	that received funding in 2002-2003.
21	3.  Schools that have an approved charter and are serving
22	students at the start of the 2003-2004 school year and either
23	incurred long-term financial obligations prior to January 31,
24	2003, or began construction on educational facilities prior to
25	December 31, 2002.
26	(b)  If the appropriation for charter school capital outlay
27	funds is less than the 2002-2003 appropriation, the funds shall
28	be prorated among the schools eligible in paragraph (a).
29	(c)  If the appropriation for charter school capital outlay
30	funds is greater than the 2002-2003 appropriation, the amount of
31	funds provided in the 2002-2003 appropriation shall be allocated
32	according to paragraph (a). First priority for allocating the
33	amount in excess of the 2002-2003 appropriation shall be to
34	prorate the excess funds among the charter schools with long-
35	term debt or long-term lease to the extent that the initial
36	allocation is insufficient to provide one-fifteenth of the cost
37	per student station specified in s. 1013.64(6)(b), and second
38	priority shall be to other eligible charter schools.
39	Section 3.  The amendment of subsection (7) of s. 1013.62,
40	Florida Statutes, by this act shall expire on July 1, 2006, and
41	the text of that section shall revert to that in existence on
42	June 30, 2005, except that any amendments to such text enacted
43	other than by this act shall be preserved and continue to
44	operate to the extent that such amendments are not dependent
45	upon the portions of such text which expire pursuant to the
46	provisions of this act.
47	Section 4.  In order to implement section 11 of the 2005-
48	2006 General Appropriations Act, section 1004.065, Florida
49	Statutes, is created to read:
50	1004.065  Limitation on university and direct-support
51	organization financings.--No project may be financed by or on
52	behalf of a university or a direct-support organization pursuant
53	to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
54	1013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
55	through any financing mechanism, including, but not limited to,
56	revenue bonds, promissory notes, certificates of participation,
57	lease-purchase agreements, or any other form of indebtedness,
58	without prior approval of the project by the Legislature by an
59	act relating to appropriations or general law. This section
60	expires July 1, 2006.
61	Section 5.  In order to implement Specific Appropriations
62	325-328, 332-336, 351, and 354 of the 2005-2006 General
63	Appropriations Act, subsection (8) of section 394.908, Florida
64	Statutes, is amended to read:
65	394.908  Substance abuse and mental health funding equity;
66	distribution of appropriations.--In recognition of the
67	historical inequity among service districts of the former
68	Department of Health and Rehabilitative Services in the funding
69	of substance abuse and mental health services, and in order to
70	rectify this inequity and provide for equitable funding in the
71	future throughout the state, the following funding process shall
72	be adhered to:
73	(8)  For fiscal year 2005-2006 2004-2005 only, and
74	notwithstanding the provisions of this section, all new funds
75	received in excess of fiscal year 2004-2005 2003-2004 recurring
76	appropriations shall be allocated in accordance with the
77	provisions of the General Appropriations Act; however, no
78	district shall receive an allocation of recurring funds less
79	than its initial approved operating budget, plus any
80	distributions of lump sum appropriations or reductions in
81	unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
82	appropriated for projects in specific locations in the General
83	Appropriations Act shall be included in the base funding of the
84	respective district when calculating the distribution of funds
85	under the equity formula. This subsection expires July 1, 2006
86	2005.
87	Section 6.  In order to implement Specific Appropriations
88	395-404 of the 2005-2006 General Appropriations Act, paragraph
89	(b) of subsection (14) of section 287.057, Florida Statutes, is
90	amended to read:
91	287.057  Procurement of commodities or contractual
92	services.--
93	(14)
94	(b)  Notwithstanding paragraph (a), the Department of
95	Children and Family Services may enter into agreements, not to
96	exceed 20 years, with a private provider to finance, design, and
97	construct a treatment facility, as defined in s. 394.455, of at
98	least 200 beds and to operate all aspects of daily operations
99	within the treatment facility. The selected contractor is
100	authorized to sponsor the issuance of tax-exempt certificates of
101	participation or other securities to finance the project, and
102	the state is authorized to enter into a lease-purchase agreement
103	for the treatment facility. The Department of Children and
104	Family Services shall begin the implementation of this
105	privatization initiative by January 1, 2006 2005. This paragraph
106	expires July 1, 2006 2005.
107	Section 7.  In order to implement Specific Appropriation
108	595 of the 2005-2006 General Appropriations Act, subsection (3)
109	of section 381.79, Florida Statutes, is amended to read:
110	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
111	(3)(a)  Annually, 5 percent of the revenues deposited
112	monthly in the fund pursuant to s. 318.21(2)(d) shall be
113	appropriated to the University of Florida and 5 percent to the
114	University of Miami for spinal cord injury and brain injury
115	research. The amount to be distributed to the universities shall
116	be calculated based on the deposits into the fund for each
117	quarter in the fiscal year, but may not exceed $500,000 per
118	university per year. Funds distributed under this subsection
119	shall be made in quarterly payments at the end of each quarter
120	during the fiscal year.
121	(b)  For the 2005-2006 2004-2005 fiscal year only, and
122	notwithstanding paragraph (a), revenues deposited in the fund
123	pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
124	injury and brain injury research at the University of Miami. The
125	amount appropriated in the 2005-2006 2004-2005 General
126	Appropriations Act shall be distributed in equal quarterly
127	payments at the end of each quarter during the fiscal year. This
128	paragraph expires July 1, 2006 2005.
129	Section 8.  In order to implement Specific Appropriations
130	238-404 of the 2005-2006 General Appropriations Act, paragraph
131	(b) of subsection (10) of section 402.33, Florida Statutes, is
132	amended to read:
133	402.33  Department authority to charge fees for services
134	provided.--
135	(10)
136	(b)  For the 2005-2006 2004-2005 fiscal year only, the
137	provisions of paragraph (a) shall not apply. This paragraph
138	expires July 1, 2006 2005.
139	Section 9.  In order to fulfill legislative intent
140	regarding the use of funds contained in Specific Appropriations
141	676, 688, 698, and 1136 of the 2005-2006 General Appropriations
142	Act, the Department of Corrections and the Department of
143	Juvenile Justice may expend appropriated funds to assist in
144	defraying the costs of impacts that are incurred by a
145	municipality or county and associated with opening or operating
146	a facility under the authority of the respective department
147	which is located within that municipality or county. The amount
148	that is to be paid under this section for any facility may not
149	exceed 1 percent of the facility construction cost, less
150	building impact fees imposed by the municipality or by the
151	county if the facility is located in the unincorporated portion
152	of the county. This section expires July 1, 2006.
153	Section 10.  In order to implement Specific Appropriation
154	1201 of the 2005-2006 General Appropriations Act, paragraph (d)
155	is added to subsection (4) of section 932.7055, Florida
156	Statutes, to read:
157	932.7055  Disposition of liens and forfeited property.--
158	(4)  The proceeds from the sale of forfeited property shall
159	be disbursed in the following priority:
160	(d)  Notwithstanding any other provision of this
161	subsection, and for the 2005-2006 fiscal year only, the funds in
162	a special law enforcement trust fund established by the
163	governing body of a municipality may be expended to reimburse
164	the general fund of the municipality for moneys advanced from
165	the general fund to the special law enforcement trust fund prior
166	to October 1, 2001. This paragraph expires July 1, 2006.
167	Section 11.  In order to implement Specific Appropriations
168	666-761 and 797-827 of the 2005-2006 General Appropriations Act,
169	subsection (4) of section 216.262, Florida Statutes, is amended
170	to read:
171	216.262  Authorized positions.--
172	(4)  Notwithstanding the provisions of this chapter on
173	increasing the number of authorized positions, and for the 2005-
174	2006 2004-2005 fiscal year only, if the actual inmate population
175	of the Department of Corrections exceeds the inmate population
176	projections of the February 16, 2005 2004, Criminal Justice
177	Estimating Conference by 1 percent for 2 consecutive months or 2
178	percent for any month, the Executive Office of the Governor,
179	with the approval of the Legislative Budget Commission, shall
180	immediately notify the Criminal Justice Estimating Conference,
181	which shall convene as soon as possible to revise the estimates.
182	The Department of Corrections may then submit a budget amendment
183	requesting the establishment of positions in excess of the
184	number authorized by the Legislature and additional
185	appropriations from the General Revenue Fund or the Working
186	Capital Fund sufficient to provide for essential staff and other
187	resources to provide classification, security, food services,
188	health services, and other variable expenses within the
189	institutions to accommodate the estimated increase in the inmate
190	population. All actions taken pursuant to the authority granted
191	in this subsection shall be subject to review and approval by
192	the Legislative Budget Commission. This subsection expires July
193	1, 2006 2005.
194	Section 12.  In order to implement Specific Appropriation
195	751 of the 2005-2006 General Appropriations Act, the Department
196	of Children and Family Services shall transfer the Tramell
197	Building on the grounds of the Florida State Hospital to the
198	Department of Corrections to be used for 953 additional prison
199	beds.
200	Section 13.  In order to implement the appropriation of
201	funds in Special Categories-Risk Management Insurance of the
202	2005-2006 General Appropriations Act, and pursuant to the
203	notice, review, and objection procedures of s. 216.177, Florida
204	Statutes, the Executive Office of the Governor is authorized to
205	transfer funds appropriated in the appropriation category
206	"Special Categories-Risk Management Insurance" of the 2005-2006
207	General Appropriations Act between departments in order to align
208	the budget authority granted with the premiums paid by each
209	department for risk management insurance. This section expires
210	July 1, 2006.
211	Section 14.  In order to implement the appropriation of
212	funds in Special Categories-Transfer to Department of Management
213	Services-Human Resources Services Purchased Per Statewide
214	Contract of the 2005-2006 General Appropriations Act, and
215	pursuant to the notice, review, and objection procedures of s.
216	216.177, Florida Statutes, the Executive Office of the Governor
217	is authorized to transfer funds appropriated in the
218	appropriation category "Special Categories-Transfer to
219	Department of Management Services-Human Resources Services
220	Purchased Per Statewide Contract" of the 2005-2006 General
221	Appropriations Act between departments in order to align the
222	budget authority granted with the assessments that must be paid
223	by each agency to the Department of Management Services for
224	human resource management services. This section expires July 1,
225	2006.
226	Section 15.  In order to implement sections 2 through 7 of
227	the 2005-2006 General Appropriations Act, paragraph (c) of
228	subsection (5) and paragraph (d) of subsection (6) of section
229	112.061, Florida Statutes, are amended to read:
230	112.061  Per diem and travel expenses of public officers,
231	employees, and authorized persons.--
232	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
233	purposes of reimbursement and methods of calculating fractional
234	days of travel, the following principles are prescribed:
235	(c)  For the 2005-2006 2004-2005 fiscal year only and
236	notwithstanding the other provisions of this subsection, for
237	Class C travel, a state traveler shall not be reimbursed on a
238	per diem basis nor shall a traveler receive subsistence
239	allowance. This paragraph expires July 1, 2006 2005.
240	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
241	purposes of reimbursement rates and methods of calculation, per
242	diem and subsistence allowances are divided into the following
243	groups and rates:
244	(d)  For the 2005-2006 2004-2005 fiscal year only and
245	notwithstanding the other provisions of this subsection, for
246	Class C travel, a state traveler shall not be reimbursed on a
247	per diem basis nor shall a traveler receive subsistence
248	allowance. This paragraph expires July 1, 2006 2005.
249	Section 16.  In order to implement Specific Appropriation
250	1742, subsection (14) is added to section 376.3071, Florida
251	Statutes, to read:
252	376.3071  Inland Protection Trust Fund; creation; purposes;
253	funding.--
254	(14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
255	YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
256	2005-2006 fiscal year only funds from the Inland Protection
257	Trust Fund may be used to clean up petroleum contaminated sites
258	registered in a state-funded program that have been identified
259	as viable affordable housing sites by the Department of
260	Community Affairs together with local governments and may be
261	used to purchase generators for emergency fuel supply. This
262	subsection expires July 1, 2006.
263	Section 17.  In order to implement Specific Appropriation
264	1590 of the 2005-2006 General Appropriations Act, paragraph (c)
265	of subsection (4) of section 373.4137, Florida Statutes, is
266	amended to read:
267	373.4137  Mitigation requirements.--
268	(4)  Prior to December 1 of each year, each water
269	management district, in consultation with the Department of
270	Environmental Protection, the United States Army Corps of
271	Engineers, the Department of Transportation, transportation
272	authorities established pursuant to chapter 348 or chapter 349,
273	and other appropriate federal, state, and local governments, and
274	other interested parties, including entities operating
275	mitigation banks, shall develop a plan for the primary purpose
276	of complying with the mitigation requirements adopted pursuant
277	to this part and 33 U.S.C. s. 1344. This plan shall also address
278	significant invasive plant problems within wetlands and other
279	surface waters. In developing such plans, the districts shall
280	utilize sound ecosystem management practices to address
281	significant water resource needs and shall focus on activities
282	of the Department of Environmental Protection and the water
283	management districts, such as surface water improvement and
284	management (SWIM) waterbodies and lands identified for potential
285	acquisition for preservation, restoration, and enhancement, to
286	the extent that such activities comply with the mitigation
287	requirements adopted under this part and 33 U.S.C. s. 1344. In
288	determining the activities to be included in such plans, the
289	districts shall also consider the purchase of credits from
290	public or private mitigation banks permitted under s. 373.4136
291	and associated federal authorization and shall include such
292	purchase as a part of the mitigation plan when such purchase
293	would offset the impact of the transportation project, provide
294	equal benefits to the water resources than other mitigation
295	options being considered, and provide the most cost-effective
296	mitigation option. The mitigation plan shall be preliminarily
297	approved by the water management district governing board and
298	shall be submitted to the secretary of the Department of
299	Environmental Protection for review and final approval. The
300	preliminary approval by the water management district governing
301	board does not constitute a decision that affects substantial
302	interests as provided by s. 120.569. At least 30 days prior to
303	preliminary approval, the water management district shall
304	provide a copy of the draft mitigation plan to any person who
305	has requested a copy.
306	(c)  Surface water improvement and management or invasive
307	plant control projects undertaken using the $12 million advance
308	transferred from the Department of Transportation to the
309	Department of Environmental Protection in fiscal year 1996-1997
310	which meet the requirements for mitigation under this part and
311	33 U.S.C. s. 1344 shall remain available for mitigation until
312	the $12 million is fully credited up to and including fiscal
313	year 2006-2007 2005-2006. When these projects are used as
314	mitigation, the $12 million advance shall be reduced by $75,000
315	per acre of impact mitigated. For any fiscal year through and
316	including fiscal year 2006-2007 2005-2006, to the extent the
317	cost of developing and implementing the mitigation plans is less
318	than the amount transferred pursuant to subsection (3), the
319	difference shall be credited towards the $12 million advance.
320	Except as provided in this paragraph, any funds not directed to
321	implement the mitigation plan should, to the greatest extent
322	possible, be directed to fund invasive plant control within
323	wetlands and other surface waters.
324	Section 18.  In order to implement Specific Appropriation
325	1690 of the 2004-2005 General Appropriations Act, subsection (3)
326	of section 120.551, Florida Statutes, is amended to read:
327	120.551  Internet publication.--
328	(3)  This section is repealed effective July 1, 2006 2005,
329	unless reviewed and reenacted by the Legislature before that
330	date.
331	Section 19.  (1)  In order to implement Specific
332	Appropriation 1453A of the 2005-2006 General Appropriations Act,
333	there is hereby created the Florida Pork Producers Transition
334	Grant Program within the Department of Agriculture and Consumer
335	Services to provide assistance to any person or persons or
336	entities that were using farming methods described in Article X,
337	Section 21 of the Florida Constitution on November 5, 2002. The
338	purpose of the program is to assist Florida pork producers in
339	reducing encumbered debt on stranded investment in equipment and
340	in transitioning into other farming or agriculture activities.
341	(2)  Any person or persons or entities that were using
342	farming methods described in Article X, Section 21 of the
343	Florida Constitution on November 5, 2002, are entitled to apply
344	for a grant from the program if that person or entity signs a
345	letter of intent to cease or has ceased using farming methods
346	described in Article X, Section 21 of the Florida Constitution
347	on land within this state and agrees in writing to continue to
348	use the land as actively engaged in an agricultural or farming
349	activity other than pork production until at least November
350	2008.
351	(3)  The department shall provide grants of not more than
352	$275,000 to each person or persons or entities who meet the
353	criteria for the program and who enter into such a letter of
354	intent with the department, on a first-come first-served basis;
355	provided that the application for the grant is made on or before
356	December 29, 2005. The department may adopt rules to implement
357	the Florida Pork Producers Transition Grant Program.
358	(4)  This section expires July 1, 2006.
359	Section 20.  In order to implement Specific Appropriation
360	2501 of the 2005-2006 General Appropriations Act, paragraph (b)
361	of subsection (9) of section 320.08058, Florida Statutes, is
362	amended to read:
363	320.08058  Specialty license plates.--
364	(9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
365	(b)  The license plate annual use fees are to be annually
366	distributed as follows:
367	1.  Fifty-five percent of the proceeds from the Florida
368	Professional Sports Team plate must be deposited into the
369	Professional Sports Development Trust Fund within the Office of
370	Tourism, Trade, and Economic Development. These funds must be
371	used solely to attract and support major sports events in this
372	state. As used in this subparagraph, the term "major sports
373	events" means, but is not limited to, championship or all-star
374	contests of Major League Baseball, the National Basketball
375	Association, the National Football League, the National Hockey
376	League, the men's and women's National Collegiate Athletic
377	Association Final Four basketball championship, or a horseracing
378	or dogracing Breeders' Cup. All funds must be used to support
379	and promote major sporting events, and the uses must be approved
380	by the Florida Sports Foundation.
381	2.  The remaining proceeds of the Florida Professional
382	Sports Team license plate must be allocated to the Florida
383	Sports Foundation, a direct-support organization of the Office
384	of Tourism, Trade, and Economic Development. These funds must be
385	deposited into the Professional Sports Development Trust Fund
386	within the Office of Tourism, Trade, and Economic Development.
387	These funds must be used by the Florida Sports Foundation to
388	promote the economic development of the sports industry; to
389	distribute licensing and royalty fees to participating
390	professional sports teams; to promote education programs in
391	Florida schools that provide an awareness of the benefits of
392	physical activity and nutrition standards; to partner with the
393	Department of Education and the Department of Health to develop
394	a program that recognizes schools whose students demonstrate
395	excellent physical fitness or fitness improvement; to institute
396	a grant program for communities bidding on minor sporting events
397	that create an economic impact for the state; to distribute
398	funds to Florida-based charities designated by the Florida
399	Sports Foundation and the participating professional sports
400	teams; and to fulfill the sports promotion responsibilities of
401	the Office of Tourism, Trade, and Economic Development.
402	3.  The Florida Sports Foundation shall provide an annual
403	financial audit in accordance with s. 215.981 of its financial
404	accounts and records by an independent certified public
405	accountant pursuant to the contract established by the Office of
406	Tourism, Trade, and Economic Development as specified in s.
407	288.1229(5). The auditor shall submit the audit report to the
408	Office of Tourism, Trade, and Economic Development for review
409	and approval. If the audit report is approved, the office shall
410	certify the audit report to the Auditor General for review.
411	4.  For the 2005-2006 2004-2005 fiscal year only and
412	notwithstanding the provisions of subparagraphs 1. and 2.,
413	proceeds from the Professional Sports Development Trust Fund may
414	also be used for operational expenses of the Florida Sports
415	Foundation and financial support of the Sunshine State Games.
416	This subparagraph expires July 1, 2006 2005.
417	Section 21.  In order to implement Specific Appropriation
418	2121 of the 2005-2006 General Appropriations Act, section
419	445.048, Florida Statutes, as amended by section 53 of chapter
420	2004-269, Laws of Florida, is amended to read:
421	445.048  Passport to Economic Progress demonstration
422	program.--
423	(1)  AUTHORIZATION.--Notwithstanding any law to the
424	contrary, Workforce Florida, Inc., in conjunction with the
425	Department of Children and Family Services and the Agency for
426	Workforce Innovation, shall implement a Passport to Economic
427	Progress demonstration program by November 1, 2001, consistent
428	with the provisions of this section in Hillsborough and Manatee
429	counties. Workforce Florida, Inc., may designate regional
430	workforce boards to participate in the program. Expenses for the
431	program may come from appropriated revenues or from funds
432	otherwise available to a regional workforce board which may be
433	legally used for such purposes. Workforce Florida, Inc., must
434	consult with the applicable regional workforce boards and the
435	applicable local offices of the Department of Children and
436	Family Services which serve the demonstration areas and must
437	encourage community input into the implementation process.
438	(2)  WAIVERS.--If Workforce Florida, Inc., in consultation
439	with the Department of Children and Family Services, finds that
440	federal waivers would facilitate implementation of the
441	demonstration program, the department shall immediately request
442	such waivers, and Workforce Florida, Inc., shall report to the
443	Governor, the President of the Senate, and the Speaker of the
444	House of Representatives if any refusal of the federal
445	government to grant such waivers prevents the implementation of
446	the demonstration program. If Workforce Florida, Inc., finds
447	that federal waivers to provisions of the Food Stamp Program
448	would facilitate implementation of the demonstration program,
449	the Department of Children and Family Services shall immediately
450	request such waivers in accordance with s. 414.175.
451	(3)  INCOME DISREGARD.--In order to provide an additional
452	incentive for employment, and notwithstanding the amount
453	specified in s. 414.095(12), for individuals residing in the
454	areas designated for this demonstration program, the first $300
455	plus one-half of the remainder of earned income shall be
456	disregarded in determining eligibility for temporary cash
457	assistance. All other conditions and requirements of s.
458	414.095(12) shall continue to apply to such individuals.
459	(3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
460	assist them in making the transition to economic
461	self-sufficiency, former recipients of temporary cash assistance
462	residing within the areas designated for this demonstration
463	program shall be eligible for the following benefits and
464	services:
465	(a)  Notwithstanding the time period specified in s.
466	445.030, transitional education and training support services as
467	specified in s. 445.030 for up to 4 years after the family is no
468	longer receiving temporary cash assistance;
469	(b)  Notwithstanding the time period specified in s.
470	445.031, transitional transportation support services as
471	specified in s. 445.031 for up to 4 years after the family is no
472	longer receiving temporary cash assistance; and
473	(c)  Notwithstanding the time period specified in s.
474	445.032, transitional child care as specified in s. 445.032 for
475	up to 4 years after the family is no longer receiving temporary
476	cash assistance.
477
478	All other provisions of ss. 445.030, 445.031, and 445.032 shall
479	apply to such individuals, as appropriate. This subsection does
480	not constitute an entitlement to transitional benefits and
481	services. If funds are insufficient to provide benefits and
482	services under this subsection, the board of directors of
483	Workforce Florida, Inc., or its agent, may limit such benefits
484	and services or otherwise establish priorities for the
485	provisions of such benefits and services.
486	(4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
487	SUPPLEMENTATION.--
488	(a)  The Legislature finds that:
489	1.  There are former recipients of temporary cash
490	assistance who are working full time but whose incomes are below
491	the federal poverty level.
492	2.  Having incomes below the federal poverty level makes
493	such individuals particularly vulnerable to reliance on public
494	assistance despite their best efforts to achieve or maintain
495	economic independence through employment.
496	3.  It is necessary to implement a performance-based
497	program that defines economic incentives for achieving specific
498	benchmarks toward self-sufficiency while the individual is
499	working full-time supplement the wages of such individuals for a
500	limited period of time in order to assist them in fulfilling the
501	transition to economic self-sufficiency.
502	(b)  Workforce Florida, Inc., in cooperation with the
503	Department of Children and Family Services and the Agency for
504	Workforce Innovation, shall offer performance-based incentive
505	bonuses create a transitional wage supplementation program by
506	November 1, 2001, as a component of the Passport to Economic
507	Progress demonstration program in the areas designated for the
508	demonstration program. This wage supplementation program does
509	not constitute an entitlement to wage supplementation. The
510	bonuses do not represent a program entitlement and shall be
511	contingent on achieving specific benchmarks prescribed in the
512	self-sufficiency plan. If the funds appropriated for this
513	purpose are insufficient to provide this financial incentive
514	wage supplementation, the board of directors of Workforce
515	Florida, Inc., may reduce or suspend the bonuses in order not to
516	exceed the appropriation or may direct the regional boards to
517	use resources otherwise given to the regional workforce to pay
518	such bonuses if such payments comply with applicable state and
519	federal laws limit wage supplementation or otherwise establish
520	priorities for wage supplementation.
521	(c)  To be eligible for an incentive bonus wage
522	supplementation under this subsection, an individual must:
523	1.  Be a former recipient of temporary cash assistance who
524	last received such assistance on or after January 1, 2000;
525	2.  Be employed full time, which for the purposes of this
526	subsection means employment averaging at least 32 hours per
527	week, until the United States Congress enacts legislation
528	reauthorizing the Temporary Assistance for Needy Families block
529	grant and, after the reauthorization, means employment complying
530	with the employment requirements of the reauthorization; and
531	3.  Have an average family income for the 6 months
532	preceding the date of application for an incentive bonus wage
533	supplementation which is less than 200 100 percent of the
534	federal poverty level.
535	(d)  Workforce Florida, Inc., shall determine the schedule
536	for the payment of wage supplementation under this subsection.
537	An individual eligible for wage supplementation under this
538	subsection may receive a payment that equals the amount
539	necessary to bring the individual's total family income for the
540	period covered by the payment to 100 percent of the federal
541	poverty level. An individual may not receive wage
542	supplementation payments for more than a total of 12 months.
543	(e)  The wage supplementation program authorized by this
544	subsection shall be administered through the regional workforce
545	boards and the one-stop delivery system, under policy
546	guidelines, criteria, and applications developed by Workforce
547	Florida, Inc., in cooperation with the Department of Children
548	and Family Services and the Agency for Workforce Innovation. To
549	the maximum extent possible, the regional workforce boards shall
550	use electronic debit card technologies to provide wage
551	supplementation payments under this program.
552	(5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
553	Florida, Inc., in conjunction with the Department of Children
554	and Family Services, the Agency for Workforce Innovation, and
555	the regional workforce boards in the areas designated for this
556	demonstration program, shall conduct a comprehensive evaluation
557	of the effectiveness of the demonstration program operated under
558	this section. Evaluations and recommendations for the program
559	shall be submitted by Workforce Florida, Inc., as part of its
560	annual report to the Legislature. By January 1, 2003, Workforce
561	Florida, Inc., shall submit a report on such evaluation to the
562	Governor, the President of the Senate, and the Speaker of the
563	House of Representatives. The report must include
564	recommendations as to whether the demonstration program should
565	be expanded to other service areas or statewide and whether the
566	program should be revised to enhance its administration or
567	effectiveness.
568	(6)(7)  CONFLICTS.--If there is a conflict between the
569	implementation procedures described in this section and federal
570	requirements and regulations, federal requirements and
571	regulations shall control.
572	Section 22.  The amendment of s. 445.048, Florida Statutes,
573	by this act shall expire on July 1, 2006, and the text of that
574	section shall revert to that in existence on June 30, 2005,
575	except that any amendments to such text enacted other than by
576	this act shall be preserved and continue to operate to the
577	extent that such amendments are not dependent upon the portions
578	of such text which expire pursuant to the provisions of this
579	act.
580	Section 23.  In order to implement section 31 of the 2005-
581	2006 General Appropriations Act, subsection (13) of section
582	253.034, Florida Statutes, is amended to read:
583	253.034  State-owned lands; uses.--
584	(13)  Notwithstanding the provisions of this section, funds
585	from the sale of property by the Department of Highway Safety
586	and Motor Vehicles located in Palm Beach County and Orange
587	Counties are authorized to be deposited into the Highway Safety
588	Operating Trust Fund to facilitate the exchange as provided in
589	the General Appropriations Act, provided that at the conclusion
590	of both exchanges the values are equalized. This subsection
591	expires July 1, 2006 2005.
592	Section 24.  In order to implement proviso language in
593	Specific Appropriation 2162G of the 2005-2006 General
594	Appropriations Act, subsection (4) of section 402.3017, Florida
595	Statutes, is amended to read:
596	402.3017  Teacher Education and Compensation Helps (TEACH)
597	scholarship program.--
598	(4)  For the 2005-2006 2004-2005 fiscal year only, the
599	Agency for Workforce Innovation shall administer this section.
600	This subsection expires July 1, 2006 2005.
601	Section 25.  In order to implement Specific Appropriation
602	2982B of the 2005-2006 General Appropriations Act, paragraph (b)
603	of subsection (7) of section 265.702, Florida Statutes, is
604	amended to read:
605	265.702  Regional cultural facilities; grants for
606	acquisition, renovation, or construction; funding; approval;
607	allocation.--
608	(7)
609	(b)  For the 2005-2006 2004-2005 fiscal year only, the
610	annual amount of a grant made under this section may not exceed
611	the amount specified in the General Appropriations Act or the
612	amount specified in paragraph (a), whichever is less. This
613	paragraph expires July 1, 2006 2005.
614	Section 26.  In order to implement Specific Appropriation
615	2930 of the 2005-2006 General Appropriations Act, paragraph (f)
616	of subsection (5) of section 287.057, Florida Statutes, is
617	amended to read:
618	287.057  Procurement of commodities or contractual
619	services.--
620	(5)  When the purchase price of commodities or contractual
621	services exceeds the threshold amount provided in s. 287.017 for
622	CATEGORY TWO, no purchase of commodities or contractual services
623	may be made without receiving competitive sealed bids,
624	competitive sealed proposals, or competitive sealed replies
625	unless:
626	(f)  The following contractual services and commodities are
627	not subject to the competitive-solicitation requirements of this
628	section:
629	1.  Artistic services.
630	2.  Academic program reviews.
631	3.  Lectures by individuals.
632	4.  Auditing services.
633	5.  Legal services, including attorney, paralegal, expert
634	witness, appraisal, or mediator services.
635	6.  Health services involving examination, diagnosis,
636	treatment, prevention, medical consultation, or administration.
637	7.  Services provided to persons with mental or physical
638	disabilities by not-for-profit corporations which have obtained
639	exemptions under the provisions of s. 501(c)(3) of the United
640	States Internal Revenue Code or when such services are governed
641	by the provisions of Office of Management and Budget Circular A-
642	122. However, in acquiring such services, the agency shall
643	consider the ability of the vendor, past performance,
644	willingness to meet time requirements, and price.
645	8.  Medicaid services delivered to an eligible Medicaid
646	recipient by a health care provider who has not previously
647	applied for and received a Medicaid provider number from the
648	Agency for Health Care Administration. However, this exception
649	shall be valid for a period not to exceed 90 days after the date
650	of delivery to the Medicaid recipient and shall not be renewed
651	by the agency.
652	9.  Family placement services.
653	10.  Prevention services related to mental health,
654	including drug abuse prevention programs, child abuse prevention
655	programs, and shelters for runaways, operated by not-for-profit
656	corporations. However, in acquiring such services, the agency
657	shall consider the ability of the vendor, past performance,
658	willingness to meet time requirements, and price.
659	11.  Training and education services provided to injured
660	employees pursuant to s. 440.491(6).
661	12.  Contracts entered into pursuant to s. 337.11.
662	13.  Services or commodities provided by governmental
663	agencies.
664	14.  Voter education activities of the Department of State
665	or the supervisors of elections funded by Specific Appropriation
666	2930 2871H of the 2005-2006 2004-2005 General Appropriations
667	Act, either individually or in the aggregate or with their
668	respective professional associations. This subparagraph expires
669	July 1, 2006 2005.
670	Section 27.  In order to implement Specific Appropriation
671	2999 of the 2005-2006 General Appropriations Act, and pursuant
672	to the notice, review, and objection procedures of s. 216.177,
673	Florida Statutes, funds in Specific Appropriation 2999 of the
674	2005-2006 General Appropriations Act may be transferred from the
675	courts to the Justice Administrative Commission in order to
676	address unanticipated shortfalls in due process services
677	appropriations in excess of the contingency fund provided in
678	Specific Appropriation 2999 of the 2005-2006 General
679	Appropriations Act. This section expires July 1, 2006.
680	Section 28.  In order to implement Specific Appropriations
681	836, 837, 839, 840, and 3020 of the 2005-2006 General
682	Appropriations Act, if a deficit is projected by the Justice
683	Administrative Commission or the state courts in any specific
684	appropriation provided for due process services, the Governor or
685	the Chief Justice of the Supreme Court, respectively, may submit
686	a budget amendment for consideration by the Legislative Budget
687	Commission to authorize the expenditure of funds from the
688	Working Capital Fund to offset such deficiency. Any budget
689	amendment submitted by the Governor to the Legislative Budget
690	Commission shall contain certification by the Justice
691	Administrative Commission that all actions required by s.
692	29.015, Florida Statutes, have been completed and that no funds
693	exist in any contingency fund appropriation available to the
694	entity projected to experience the deficiency. Any budget
695	amendment submitted by the Supreme Court shall contain
696	certification that the court has completed all actions required
697	by s. 29.016, Florida Statutes, and that no funds exist in any
698	contingency fund available to the state courts system. This
699	section expires July 1, 2006.
700	Section 29.  In order to implement the transfer of moneys
701	to the Working Capital Fund from trust funds in the 2005-2006
702	General Appropriations Act, paragraph (b) of subsection (2) of
703	section 215.32, Florida Statutes, is reenacted to read:
704	215.32  State funds; segregation.--
705	(2)  The source and use of each of these funds shall be as
706	follows:
707	(b)1.  The trust funds shall consist of moneys received by
708	the state which under law or under trust agreement are
709	segregated for a purpose authorized by law. The state agency or
710	branch of state government receiving or collecting such moneys
711	shall be responsible for their proper expenditure as provided by
712	law. Upon the request of the state agency or branch of state
713	government responsible for the administration of the trust fund,
714	the Chief Financial Officer may establish accounts within the
715	trust fund at a level considered necessary for proper
716	accountability. Once an account is established within a trust
717	fund, the Chief Financial Officer may authorize payment from
718	that account only upon determining that there is sufficient cash
719	and releases at the level of the account.
720	2.  In addition to other trust funds created by law, to the
721	extent possible, each agency shall use the following trust funds
722	as described in this subparagraph for day-to-day operations:
723	a.  Operations or operating trust fund, for use as a
724	depository for funds to be used for program operations funded by
725	program revenues, with the exception of administrative
726	activities when the operations or operating trust fund is a
727	proprietary fund.
728	b.  Operations and maintenance trust fund, for use as a
729	depository for client services funded by third-party payors.
730	c.  Administrative trust fund, for use as a depository for
731	funds to be used for management activities that are departmental
732	in nature and funded by indirect cost earnings and assessments
733	against trust funds. Proprietary funds are excluded from the
734	requirement of using an administrative trust fund.
735	d.  Grants and donations trust fund, for use as a
736	depository for funds to be used for allowable grant or donor
737	agreement activities funded by restricted contractual revenue
738	from private and public nonfederal sources.
739	e.  Agency working capital trust fund, for use as a
740	depository for funds to be used pursuant to s. 216.272.
741	f.  Clearing funds trust fund, for use as a depository for
742	funds to account for collections pending distribution to lawful
743	recipients.
744	g.  Federal grant trust fund, for use as a depository for
745	funds to be used for allowable grant activities funded by
746	restricted program revenues from federal sources.
747
748	To the extent possible, each agency must adjust its internal
749	accounting to use existing trust funds consistent with the
750	requirements of this subparagraph. If an agency does not have
751	trust funds listed in this subparagraph and cannot make such
752	adjustment, the agency must recommend the creation of the
753	necessary trust funds to the Legislature no later than the next
754	scheduled review of the agency's trust funds pursuant to s.
755	215.3206.
756	3.  All such moneys are hereby appropriated to be expended
757	in accordance with the law or trust agreement under which they
758	were received, subject always to the provisions of chapter 216
759	relating to the appropriation of funds and to the applicable
760	laws relating to the deposit or expenditure of moneys in the
761	State Treasury.
762	4.a.  Notwithstanding any provision of law restricting the
763	use of trust funds to specific purposes, unappropriated cash
764	balances from selected trust funds may be authorized by the
765	Legislature for transfer to the Budget Stabilization Fund and
766	Working Capital Fund in the General Appropriations Act.
767	b.  This subparagraph does not apply to trust funds
768	required by federal programs or mandates; trust funds
769	established for bond covenants, indentures, or resolutions whose
770	revenues are legally pledged by the state or public body to meet
771	debt service or other financial requirements of any debt
772	obligations of the state or any public body; the State
773	Transportation Trust Fund; the trust fund containing the net
774	annual proceeds from the Florida Education Lotteries; the
775	Florida Retirement System Trust Fund; trust funds under the
776	management of the Board of Regents, where such trust funds are
777	for auxiliary enterprises, self-insurance, and contracts,
778	grants, and donations, as those terms are defined by general
779	law; trust funds that serve as clearing funds or accounts for
780	the Chief Financial Officer or state agencies; trust funds that
781	account for assets held by the state in a trustee capacity as an
782	agent or fiduciary for individuals, private organizations, or
783	other governmental units; and other trust funds authorized by
784	the State Constitution.
785	Section 30.  A section of this act that implements a
786	specific appropriation or specifically identified proviso
787	language in the 2005-2006 General Appropriations Act is void if
788	the specific appropriation or specifically identified proviso
789	language is vetoed. A section of this act that implements more
790	than one specific appropriation or more than one portion of
791	specifically identified proviso language in the 2005-2006
792	General Appropriations Act is void if all the specific
793	appropriations or portions of specifically identified proviso
794	language are vetoed.
795	Section 31.  If any other act passed in 2005 contains a
796	provision that is substantively the same as a provision in this
797	act, but that removes or is otherwise not subject to the future
798	repeal applied to such provision by this act, the Legislature
799	intends that the provision in the other act shall take
800	precedence and shall continue to operate, notwithstanding the
801	future repeal provided by this act.
802	Section 32.  The agency performance measures and standards
803	in the document entitled "Performance Measures and Standards
804	Approved by the Legislature for Fiscal Year 2005-2006" dated
805	April 4, 2005, and filed with the Clerk of the House of
806	Representatives are incorporated by reference. Such performance
807	measures and standards are directly linked to the appropriations
808	made in the General Appropriations Act for fiscal year 2005-
809	2006, as required by the Government Performance and
810	Accountability Act of 1994. State agencies are directed to
811	revise their long-range program plans required under s. 216.013,
812	Florida Statutes, to be consistent with these performance
813	measures and standards.
814	Section 33.  If any provision of this act or its
815	application to any person or circumstance is held invalid, the
816	invalidity does not affect other provisions or applications of
817	the act which can be given effect without the invalid provision
818	or application, and to this end the provisions of this act are
819	severable.
820	Section 34.  Except as otherwise expressly provided in this
821	act, this act shall take effect July 1, 2005; or, if this act
822	fails to become a law until after that date, it shall take
823	effect upon becoming a law and shall operate retroactively to
824	July 1, 2005.
825
826	================= T I T L E  A M E N D M E N T =================
827	Remove the entire title and insert:
828	A bill to be entitled
829	An act implementing the 2005-2006 General Appropriations
830	Act; providing legislative intent; amending s. 1013.62,
831	F.S.; deleting a provision providing for the allocation of
832	charter school capital outlay funds if the appropriation
833	for such funds is greater than the 2002-2003
834	appropriation; creating s. 1004.065, F.S.; providing a
835	limitation on university and direct-support organization
836	financings; amending s. 394.908, F.S.; providing for
837	substance abuse and mental health funding equity as
838	provided in the General Appropriations Act; including
839	funds appropriated for projects in specific locations in
840	the base funding of such locations when calculating the
841	distribution of funds under the equity formula; amending
842	s. 287.057, F.S.; authorizing the Department of Children
843	and Family Services to contract with a private provider
844	for a mental health treatment facility; amending s.
845	381.79, F.S.; providing for use of funds in the Brain and
846	Spinal Cord Injury Program Trust Fund for spinal cord
847	injury and brain injury research at the University of
848	Miami; amending s. 402.33, F.S.; suspending authority of
849	the Department of Children and Family Services to use
850	funds in excess of fee collections; authorizing the
851	Department of Corrections and the Department of Juvenile
852	Justice to make certain expenditures to defray costs
853	incurred by a municipality or county as a result of
854	opening or operating a facility under authority of the
855	respective department; amending s. 932.7055, F.S.;
856	allowing municipalities to reimburse their general funds
857	from moneys they advanced to their own special law
858	enforcement trust funds; amending s. 216.262, F.S.;
859	providing for additional positions to operate additional
860	prison bed capacity under certain circumstances; providing
861	for the transfer of a specified building to the Department
862	of Corrections for additional prison beds; authorizing the
863	Executive Office of the Governor to transfer funds between
864	departments for purposes of aligning amounts paid for risk
865	management premiums and for purposes of aligning amounts
866	paid for human resource management services; amending s.
867	112.061, F.S.; providing for computation of travel time
868	and reimbursement for public officers' and employees'
869	travel; amending s. 376.3071, F.S.; providing for use of
870	funds from the Inland Protection Trust Fund to clean up
871	certain petroleum contaminated sites and to purchase
872	generators for emergency fuel supply; amending s.
873	373.4137, F.S.; providing for water management districts
874	to use specified funds in certain surface water
875	improvement and management or invasive plant control
876	projects; amending s. 120.551, F.S.; continuing Internet
877	publication of certain notices of the Department of
878	Environmental Protection and the Board of Trustees of the
879	Internal Improvement Trust Fund; creating the Florida Pork
880	Producers Transition Grant Program within the Department
881	of Agriculture and Consumer Services; entitling certain
882	persons using farming methods described in the Florida
883	Constitution on a certain date to apply for a grant;
884	providing a cap on such grants and authorizing the
885	department to adopt rules to implement the grant program;
886	amending s. 320.08058, F.S.; authorizing proceeds from the
887	Professional Sports Development Trust Fund to be used for
888	operational expenses of the Florida Sports Foundation and
889	financial support of the Sunshine State Games; amending s.
890	445.048, F.S.; requiring that Workforce Florida, Inc.,
891	expand the Passport to Economic Progress demonstration
892	program to a statewide program; authorizing Workforce
893	Florida, Inc., to designate regional workforce boards to
894	participate in the program; deleting a provision relating
895	to the disregard of income for purposes of determining
896	eligibility for cash assistance; requiring that Workforce
897	Florida, Inc., offer incentive bonuses; providing
898	requirements for such bonuses; providing that such bonuses
899	are not an entitlement; requiring Workforce Florida, Inc.,
900	to submit evaluations and recommendations for the program
901	as part of its annual report to the Legislature; amending
902	s. 253.034, F.S.; authorizing deposit of funds from the
903	sale of property by the Department of Highway Safety and
904	Motor Vehicles located in Palm Beach County; amending s.
905	402.3017, F.S.; requiring the Agency for Workforce
906	Innovation to administer Teacher Education and
907	Compensation Helps (TEACH) scholarship program; amending
908	s. 265.702, F.S.; providing a limit on the annual amount
909	of individual cultural facilities grants; amending s.
910	287.057, F.S.; exempting certain voter education
911	activities from competitive-solicitation requirements;
912	authorizing transfer of certain funds from the courts to
913	the Justice Administrative Commission to meet certain
914	shortfalls in due process appropriations; providing for
915	expenditure of funds from the Working Capital Fund to
916	offset deficiencies in due process services; reenacting s.
917	215.32(2)(b), F.S., relating to the source and use of
918	trust funds; providing for future repeal or expiration of
919	various provisions; providing for reversion of certain
920	provisions; providing effect of veto of specific
921	appropriation or proviso to which implementing language
922	refers; incorporating by reference specified performance
923	measures and standards directly linked to the
924	appropriations made in the 2005-2006 General
925	Appropriations Act, as required by the Government
926	Performance and Accountability Act of 1994; providing
927	severability; providing an effective date.

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