October 26, 2020
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_h1887__
HB 1887

1
A bill to be entitled
2An act implementing the 2005-2006 General Appropriations
3Act; providing legislative intent; amending s. 1013.62,
4F.S.; deleting a provision providing for the allocation of
5charter school capital outlay funds if the appropriation
6for such funds is greater than the 2002-2003
7appropriation; creating s. 1004.065, F.S.; providing a
8limitation on university and direct-support organization
9financings; amending s. 394.908, F.S.; providing for
10substance abuse and mental health funding equity as
11provided in the General Appropriations Act; including
12funds appropriated for projects in specific locations in
13the base funding of such locations when calculating the
14distribution of funds under the equity formula; amending
15s. 287.057, F.S.; authorizing the Department of Children
16and Family Services to contract with a private provider
17for a mental health treatment facility; amending s.
18381.79, F.S.; providing for use of funds in the Brain and
19Spinal Cord Injury Program Trust Fund for spinal cord
20injury and brain injury research at the University of
21Miami; amending s. 402.33, F.S.; suspending authority of
22the Department of Children and Family Services to use
23funds in excess of fee collections; authorizing the
24Department of Corrections and the Department of Juvenile
25Justice to make certain expenditures to defray costs
26incurred by a municipality or county as a result of
27opening or operating a facility under authority of the
28respective department; amending s. 216.262, F.S.;
29providing for additional positions to operate additional
30prison bed capacity under certain circumstances; providing
31for the transfer of a specified building to the Department
32of Corrections for additional prison beds; authorizing the
33Executive Office of the Governor to transfer funds between
34departments for purposes of aligning amounts paid for risk
35management premiums and for purposes of aligning amounts
36paid for human resource management services; amending s.
37112.061, F.S.; providing for computation of travel time
38and reimbursement for public officers' and employees'
39travel; amending s. 376.3071, F.S.; providing for use of
40funds from the Inland Protection Trust Fund to clean up
41certain petroleum contaminated sites and to purchase
42generators for emergency fuel supply; amending s.
43373.4137, F.S.; providing for water management districts
44to use specified funds in certain surface water
45improvement and management or invasive plant control
46projects; amending s. 120.551, F.S.; continuing Internet
47publication of certain notices of the Department of
48Environmental Protection and the Board of Trustees of the
49Internal Improvement Trust Fund; creating the Florida Pork
50Producers Transition Grant Program within the Department
51of Agriculture and Consumer Services; entitling certain
52persons using farming methods described in the Florida
53Constitution on a certain date to apply for a grant;
54providing a cap on such grants and authorizing the
55department to adopt rules to implement the grant program;
56amending s. 320.08058, F.S.; authorizing proceeds from the
57Professional Sports Development Trust Fund to be used for
58operational expenses of the Florida Sports Foundation and
59financial support of the Sunshine State Games; amending s.
60445.048, F.S.; requiring that Workforce Florida, Inc.,
61expand the Passport to Economic Progress demonstration
62program to a statewide program; authorizing Workforce
63Florida, Inc., to designate regional workforce boards to
64participate in the program; deleting a provision relating
65to the disregard of income for purposes of determining
66eligibility for cash assistance; requiring that Workforce
67Florida, Inc., offer incentive bonuses; providing
68requirements for such bonuses; providing that such bonuses
69are not an entitlement; requiring Workforce Florida, Inc.,
70to submit evaluations and recommendations for the program
71as part of its annual report to the Legislature; amending
72s. 253.034, F.S.; authorizing deposit of funds from the
73sale of property by the Department of Highway Safety and
74Motor Vehicles located in Palm Beach County; amending s.
75402.3017, F.S.; requiring the Agency for Workforce
76Innovation to administer Teacher Education and
77Compensation Helps (TEACH) scholarship program; amending
78s. 265.702, F.S.; providing a limit on the annual amount
79of individual cultural facilities grants; amending s.
80287.057, F.S.; exempting certain voter education
81activities from competitive-solicitation requirements;
82authorizing transfer of certain funds from the courts to
83the Justice Administrative Commission to meet certain
84shortfalls in due process appropriations; providing for
85expenditure of funds from the Working Capital Fund to
86offset deficiencies in due process services; reenacting s.
87215.32(2)(b), F.S., relating to the source and use of
88trust funds; providing for future repeal or expiration of
89various provisions; providing for reversion of certain
90provisions; providing effect of veto of specific
91appropriation or proviso to which implementing language
92refers; incorporating by reference specified performance
93measures and standards directly linked to the
94appropriations made in the 2005-2006 General
95Appropriations Act, as required by the Government
96Performance and Accountability Act of 1994; providing
97severability; providing an effective date.
98
99Be It Enacted by the Legislature of the State of Florida:
100
101     Section 1.  It is the intent of the Legislature that the
102implementing and administering provisions of this act apply to
103the General Appropriations Act for fiscal year 2005-2006.
104     Section 2.  In order to implement Specific Appropriation 17
105of the 2005-2006 General Appropriations Act, subsection (7) of
106section 1013.62, Florida Statutes, is amended to read:
107     1013.62  Charter schools capital outlay funding.--
108     (7)  Notwithstanding the provisions of this section,
109beginning in the 2003-2004 fiscal year:
110     (a)  If the appropriation for charter school capital outlay
111funds is no greater than the 2002-2003 appropriation, the funds
112shall be allocated according to the formula outlined in
113subsection (1) to:
114     1.  The same schools that received funding in 2002-2003.
115     2.  Schools that are an expanded feeder pattern of schools
116that received funding in 2002-2003.
117     3.  Schools that have an approved charter and are serving
118students at the start of the 2003-2004 school year and either
119incurred long-term financial obligations prior to January 31,
1202003, or began construction on educational facilities prior to
121December 31, 2002.
122     (b)  If the appropriation for charter school capital outlay
123funds is less than the 2002-2003 appropriation, the funds shall
124be prorated among the schools eligible in paragraph (a).
125     (c)  If the appropriation for charter school capital outlay
126funds is greater than the 2002-2003 appropriation, the amount of
127funds provided in the 2002-2003 appropriation shall be allocated
128according to paragraph (a). First priority for allocating the
129amount in excess of the 2002-2003 appropriation shall be to
130prorate the excess funds among the charter schools with long-
131term debt or long-term lease to the extent that the initial
132allocation is insufficient to provide one-fifteenth of the cost
133per student station specified in s. 1013.64(6)(b), and second
134priority shall be to other eligible charter schools.
135     Section 3.  The amendment of subsection (7) of s. 1013.62,
136Florida Statutes, by this act shall expire on July 1, 2006, and
137the text of that section shall revert to that in existence on
138June 30, 2005, except that any amendments to such text enacted
139other than by this act shall be preserved and continue to
140operate to the extent that such amendments are not dependent
141upon the portions of such text which expire pursuant to the
142provisions of this act.
143     Section 4.  In order to implement section 11 of the 2005-
1442006 General Appropriations Act, section 1004.065, Florida
145Statutes, is created to read:
146     1004.065  Limitation on university and direct-support
147organization financings.--No project may be financed by or on
148behalf of a university or a direct-support organization pursuant
149to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
1501013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
151through any financing mechanism, including, but not limited to,
152revenue bonds, promissory notes, certificates of participation,
153lease-purchase agreements, or any other form of indebtedness,
154without prior approval of the project by the Legislature by an
155act relating to appropriations or general law. This section
156expires July 1, 2006.
157     Section 5.  In order to implement Specific Appropriations
158325-328, 332-336, 351, and 354 of the 2005-2006 General
159Appropriations Act, subsection (8) of section 394.908, Florida
160Statutes, is amended to read:
161     394.908  Substance abuse and mental health funding equity;
162distribution of appropriations.--In recognition of the
163historical inequity among service districts of the former
164Department of Health and Rehabilitative Services in the funding
165of substance abuse and mental health services, and in order to
166rectify this inequity and provide for equitable funding in the
167future throughout the state, the following funding process shall
168be adhered to:
169     (8)  For fiscal year 2005-2006 2004-2005 only, and
170notwithstanding the provisions of this section, all new funds
171received in excess of fiscal year 2004-2005 2003-2004 recurring
172appropriations shall be allocated in accordance with the
173provisions of the General Appropriations Act; however, no
174district shall receive an allocation of recurring funds less
175than its initial approved operating budget, plus any
176distributions of lump sum appropriations or reductions in
177unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
178appropriated for projects in specific locations in the General
179Appropriations Act shall be included in the base funding of the
180respective district when calculating the distribution of funds
181under the equity formula. This subsection expires July 1, 2006
1822005.
183     Section 6.  In order to implement Specific Appropriations
184395-404 of the 2005-2006 General Appropriations Act, paragraph
185(b) of subsection (14) of section 287.057, Florida Statutes, is
186amended to read:
187     287.057  Procurement of commodities or contractual
188services.--
189     (14)
190     (b)  Notwithstanding paragraph (a), the Department of
191Children and Family Services may enter into agreements, not to
192exceed 20 years, with a private provider to finance, design, and
193construct a treatment facility, as defined in s. 394.455, of at
194least 200 beds and to operate all aspects of daily operations
195within the treatment facility. The selected contractor is
196authorized to sponsor the issuance of tax-exempt certificates of
197participation or other securities to finance the project, and
198the state is authorized to enter into a lease-purchase agreement
199for the treatment facility. The Department of Children and
200Family Services shall begin the implementation of this
201privatization initiative by January 1, 2006 2005. This paragraph
202expires July 1, 2006 2005.
203     Section 7.  In order to implement Specific Appropriation
204595 of the 2005-2006 General Appropriations Act, subsection (3)
205of section 381.79, Florida Statutes, is amended to read:
206     381.79  Brain and Spinal Cord Injury Program Trust Fund.--
207     (3)(a)  Annually, 5 percent of the revenues deposited
208monthly in the fund pursuant to s. 318.21(2)(d) shall be
209appropriated to the University of Florida and 5 percent to the
210University of Miami for spinal cord injury and brain injury
211research. The amount to be distributed to the universities shall
212be calculated based on the deposits into the fund for each
213quarter in the fiscal year, but may not exceed $500,000 per
214university per year. Funds distributed under this subsection
215shall be made in quarterly payments at the end of each quarter
216during the fiscal year.
217     (b)  For the 2005-2006 2004-2005 fiscal year only, and
218notwithstanding paragraph (a), revenues deposited in the fund
219pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
220injury and brain injury research at the University of Miami. The
221amount appropriated in the 2005-2006 2004-2005 General
222Appropriations Act shall be distributed in equal quarterly
223payments at the end of each quarter during the fiscal year. This
224paragraph expires July 1, 2006 2005.
225     Section 8.  In order to implement Specific Appropriations
226238-404 of the 2005-2006 General Appropriations Act, paragraph
227(b) of subsection (10) of section 402.33, Florida Statutes, is
228amended to read:
229     402.33  Department authority to charge fees for services
230provided.--
231     (10)
232     (b)  For the 2005-2006 2004-2005 fiscal year only, the
233provisions of paragraph (a) shall not apply. This paragraph
234expires July 1, 2006 2005.
235     Section 9.  In order to fulfill legislative intent
236regarding the use of funds contained in Specific Appropriations
237676, 688, 698, and 1136 of the 2005-2006 General Appropriations
238Act, the Department of Corrections and the Department of
239Juvenile Justice may expend appropriated funds to assist in
240defraying the costs of impacts that are incurred by a
241municipality or county and associated with opening or operating
242a facility under the authority of the respective department
243which is located within that municipality or county. The amount
244that is to be paid under this section for any facility may not
245exceed 1 percent of the facility construction cost, less
246building impact fees imposed by the municipality or by the
247county if the facility is located in the unincorporated portion
248of the county. This section expires July 1, 2006.
249     Section 10.  In order to implement Specific Appropriations
250666-761 and 797-827 of the 2005-2006 General Appropriations Act,
251subsection (4) of section 216.262, Florida Statutes, is amended
252to read:
253     216.262  Authorized positions.--
254     (4)  Notwithstanding the provisions of this chapter on
255increasing the number of authorized positions, and for the 2005-
2562006 2004-2005 fiscal year only, if the actual inmate population
257of the Department of Corrections exceeds the inmate population
258projections of the February 16, 2005 2004, Criminal Justice
259Estimating Conference by 1 percent for 2 consecutive months or 2
260percent for any month, the Executive Office of the Governor,
261with the approval of the Legislative Budget Commission, shall
262immediately notify the Criminal Justice Estimating Conference,
263which shall convene as soon as possible to revise the estimates.
264The Department of Corrections may then submit a budget amendment
265requesting the establishment of positions in excess of the
266number authorized by the Legislature and additional
267appropriations from the General Revenue Fund or the Working
268Capital Fund sufficient to provide for essential staff and other
269resources to provide classification, security, food services,
270health services, and other variable expenses within the
271institutions to accommodate the estimated increase in the inmate
272population. All actions taken pursuant to the authority granted
273in this subsection shall be subject to review and approval by
274the Legislative Budget Commission. This subsection expires July
2751, 2006 2005.
276     Section 11.  In order to implement Specific Appropriation
277751 of the 2005-2006 General Appropriations Act, the Department
278of Children and Family Services shall transfer the Tramell
279Building on the grounds of the Florida State Hospital to the
280Department of Corrections to be used for 953 additional prison
281beds.
282     Section 12.  In order to implement the appropriation of
283funds in Special Categories-Risk Management Insurance of the
2842005-2006 General Appropriations Act, and pursuant to the
285notice, review, and objection procedures of s. 216.177, Florida
286Statutes, the Executive Office of the Governor is authorized to
287transfer funds appropriated in the appropriation category
288"Special Categories-Risk Management Insurance" of the 2005-2006
289General Appropriations Act between departments in order to align
290the budget authority granted with the premiums paid by each
291department for risk management insurance. This section expires
292July 1, 2006.
293     Section 13.  In order to implement the appropriation of
294funds in Special Categories-Transfer to Department of Management
295Services-Human Resources Services Purchased Per Statewide
296Contract of the 2005-2006 General Appropriations Act, and
297pursuant to the notice, review, and objection procedures of s.
298216.177, Florida Statutes, the Executive Office of the Governor
299is authorized to transfer funds appropriated in the
300appropriation category "Special Categories-Transfer to
301Department of Management Services-Human Resources Services
302Purchased Per Statewide Contract" of the 2005-2006 General
303Appropriations Act between departments in order to align the
304budget authority granted with the assessments that must be paid
305by each agency to the Department of Management Services for
306human resource management services. This section expires July 1,
3072006.
308     Section 14.  In order to implement sections 2 through 7 of
309the 2005-2006 General Appropriations Act, paragraph (c) of
310subsection (5) and paragraph (d) of subsection (6) of section
311112.061, Florida Statutes, are amended to read:
312     112.061  Per diem and travel expenses of public officers,
313employees, and authorized persons.--
314     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
315purposes of reimbursement and methods of calculating fractional
316days of travel, the following principles are prescribed:
317     (c)  For the 2005-2006 2004-2005 fiscal year only and
318notwithstanding the other provisions of this subsection, for
319Class C travel, a state traveler shall not be reimbursed on a
320per diem basis nor shall a traveler receive subsistence
321allowance. This paragraph expires July 1, 2006 2005.
322     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
323purposes of reimbursement rates and methods of calculation, per
324diem and subsistence allowances are divided into the following
325groups and rates:
326     (d)  For the 2005-2006 2004-2005 fiscal year only and
327notwithstanding the other provisions of this subsection, for
328Class C travel, a state traveler shall not be reimbursed on a
329per diem basis nor shall a traveler receive subsistence
330allowance. This paragraph expires July 1, 2006 2005.
331     Section 15.  In order to implement Specific Appropriation
3321742, subsection (14) is added to section 376.3071, Florida
333Statutes, to read:
334     376.3071  Inland Protection Trust Fund; creation; purposes;
335funding.--
336     (14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
337YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
3382005-2006 fiscal year only funds from the Inland Protection
339Trust Fund may be used to clean up petroleum contaminated sites
340registered in a state-funded program that have been identified
341as viable affordable housing sites by the Department of
342Community Affairs together with local governments and may be
343used to purchase generators for emergency fuel supply. This
344subsection expires July 1, 2006.
345     Section 16.  In order to implement Specific Appropriation
3461590 of the 2005-2006 General Appropriations Act, paragraph (c)
347of subsection (4) of section 373.4137, Florida Statutes, is
348amended to read:
349     373.4137  Mitigation requirements.--
350     (4)  Prior to December 1 of each year, each water
351management district, in consultation with the Department of
352Environmental Protection, the United States Army Corps of
353Engineers, the Department of Transportation, transportation
354authorities established pursuant to chapter 348 or chapter 349,
355and other appropriate federal, state, and local governments, and
356other interested parties, including entities operating
357mitigation banks, shall develop a plan for the primary purpose
358of complying with the mitigation requirements adopted pursuant
359to this part and 33 U.S.C. s. 1344. This plan shall also address
360significant invasive plant problems within wetlands and other
361surface waters. In developing such plans, the districts shall
362utilize sound ecosystem management practices to address
363significant water resource needs and shall focus on activities
364of the Department of Environmental Protection and the water
365management districts, such as surface water improvement and
366management (SWIM) waterbodies and lands identified for potential
367acquisition for preservation, restoration, and enhancement, to
368the extent that such activities comply with the mitigation
369requirements adopted under this part and 33 U.S.C. s. 1344. In
370determining the activities to be included in such plans, the
371districts shall also consider the purchase of credits from
372public or private mitigation banks permitted under s. 373.4136
373and associated federal authorization and shall include such
374purchase as a part of the mitigation plan when such purchase
375would offset the impact of the transportation project, provide
376equal benefits to the water resources than other mitigation
377options being considered, and provide the most cost-effective
378mitigation option. The mitigation plan shall be preliminarily
379approved by the water management district governing board and
380shall be submitted to the secretary of the Department of
381Environmental Protection for review and final approval. The
382preliminary approval by the water management district governing
383board does not constitute a decision that affects substantial
384interests as provided by s. 120.569. At least 30 days prior to
385preliminary approval, the water management district shall
386provide a copy of the draft mitigation plan to any person who
387has requested a copy.
388     (c)  Surface water improvement and management or invasive
389plant control projects undertaken using the $12 million advance
390transferred from the Department of Transportation to the
391Department of Environmental Protection in fiscal year 1996-1997
392which meet the requirements for mitigation under this part and
39333 U.S.C. s. 1344 shall remain available for mitigation until
394the $12 million is fully credited up to and including fiscal
395year 2006-2007 2005-2006. When these projects are used as
396mitigation, the $12 million advance shall be reduced by $75,000
397per acre of impact mitigated. For any fiscal year through and
398including fiscal year 2006-2007 2005-2006, to the extent the
399cost of developing and implementing the mitigation plans is less
400than the amount transferred pursuant to subsection (3), the
401difference shall be credited towards the $12 million advance.
402Except as provided in this paragraph, any funds not directed to
403implement the mitigation plan should, to the greatest extent
404possible, be directed to fund invasive plant control within
405wetlands and other surface waters.
406     Section 17.  In order to implement Specific Appropriation
4071690 of the 2004-2005 General Appropriations Act, subsection (3)
408of section 120.551, Florida Statutes, is amended to read:
409     120.551  Internet publication.--
410     (3)  This section is repealed effective July 1, 2006 2005,
411unless reviewed and reenacted by the Legislature before that
412date.
413     Section 18.  (1)  In order to implement Specific
414Appropriation 1453A of the 2005-2006 General Appropriations Act,
415there is hereby created the Florida Pork Producers Transition
416Grant Program within the Department of Agriculture and Consumer
417Services to provide assistance to any person or persons or
418entities that were using farming methods described in Article X,
419Section 21 of the Florida Constitution on November 5, 2002. The
420purpose of the program is to assist Florida pork producers in
421reducing encumbered debt on stranded investment in equipment and
422in transitioning into other farming or agriculture activities.
423     (2)  Any person or persons or entities that were using
424farming methods described in Article X, Section 21 of the
425Florida Constitution on November 5, 2002, are entitled to apply
426for a grant from the program if that person or entity signs a
427letter of intent to cease or has ceased using farming methods
428described in Article X, Section 21 of the Florida Constitution
429on land within this state and agrees in writing to continue to
430use the land as actively engaged in an agricultural or farming
431activity other than pork production until at least November
4322008.
433     (3)  The department shall provide grants of not more than
434$275,000 to each person or persons or entities who meet the
435criteria for the program and who enter into such a letter of
436intent with the department, on a first-come first-served basis;
437provided that the application for the grant is made on or before
438December 29, 2005. The department may adopt rules to implement
439the Florida Pork Producers Transition Grant Program.
440     (4)  This section expires July 1, 2006.
441     Section 19.  In order to implement Specific Appropriation
4422501 of the 2005-2006 General Appropriations Act, paragraph (b)
443of subsection (9) of section 320.08058, Florida Statutes, is
444amended to read:
445     320.08058  Specialty license plates.--
446     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
447     (b)  The license plate annual use fees are to be annually
448distributed as follows:
449     1.  Fifty-five percent of the proceeds from the Florida
450Professional Sports Team plate must be deposited into the
451Professional Sports Development Trust Fund within the Office of
452Tourism, Trade, and Economic Development. These funds must be
453used solely to attract and support major sports events in this
454state. As used in this subparagraph, the term "major sports
455events" means, but is not limited to, championship or all-star
456contests of Major League Baseball, the National Basketball
457Association, the National Football League, the National Hockey
458League, the men's and women's National Collegiate Athletic
459Association Final Four basketball championship, or a horseracing
460or dogracing Breeders' Cup. All funds must be used to support
461and promote major sporting events, and the uses must be approved
462by the Florida Sports Foundation.
463     2.  The remaining proceeds of the Florida Professional
464Sports Team license plate must be allocated to the Florida
465Sports Foundation, a direct-support organization of the Office
466of Tourism, Trade, and Economic Development. These funds must be
467deposited into the Professional Sports Development Trust Fund
468within the Office of Tourism, Trade, and Economic Development.
469These funds must be used by the Florida Sports Foundation to
470promote the economic development of the sports industry; to
471distribute licensing and royalty fees to participating
472professional sports teams; to promote education programs in
473Florida schools that provide an awareness of the benefits of
474physical activity and nutrition standards; to partner with the
475Department of Education and the Department of Health to develop
476a program that recognizes schools whose students demonstrate
477excellent physical fitness or fitness improvement; to institute
478a grant program for communities bidding on minor sporting events
479that create an economic impact for the state; to distribute
480funds to Florida-based charities designated by the Florida
481Sports Foundation and the participating professional sports
482teams; and to fulfill the sports promotion responsibilities of
483the Office of Tourism, Trade, and Economic Development.
484     3.  The Florida Sports Foundation shall provide an annual
485financial audit in accordance with s. 215.981 of its financial
486accounts and records by an independent certified public
487accountant pursuant to the contract established by the Office of
488Tourism, Trade, and Economic Development as specified in s.
489288.1229(5). The auditor shall submit the audit report to the
490Office of Tourism, Trade, and Economic Development for review
491and approval. If the audit report is approved, the office shall
492certify the audit report to the Auditor General for review.
493     4.  For the 2005-2006 2004-2005 fiscal year only and
494notwithstanding the provisions of subparagraphs 1. and 2.,
495proceeds from the Professional Sports Development Trust Fund may
496also be used for operational expenses of the Florida Sports
497Foundation and financial support of the Sunshine State Games.
498This subparagraph expires July 1, 2006 2005.
499     Section 20.  In order to implement Specific Appropriation
5002121 of the 2005-2006 General Appropriations Act, section
501445.048, Florida Statutes, as amended by section 53 of chapter
5022004-269, Laws of Florida, is amended to read:
503     445.048  Passport to Economic Progress demonstration
504program.--
505     (1)  AUTHORIZATION.--Notwithstanding any law to the
506contrary, Workforce Florida, Inc., in conjunction with the
507Department of Children and Family Services and the Agency for
508Workforce Innovation, shall implement a Passport to Economic
509Progress demonstration program by November 1, 2001, consistent
510with the provisions of this section in Hillsborough and Manatee
511counties. Workforce Florida, Inc., may designate regional
512workforce boards to participate in the program. Expenses for the
513program may come from appropriated revenues or from funds
514otherwise available to a regional workforce board which may be
515legally used for such purposes. Workforce Florida, Inc., must
516consult with the applicable regional workforce boards and the
517applicable local offices of the Department of Children and
518Family Services which serve the demonstration areas and must
519encourage community input into the implementation process.
520     (2)  WAIVERS.--If Workforce Florida, Inc., in consultation
521with the Department of Children and Family Services, finds that
522federal waivers would facilitate implementation of the
523demonstration program, the department shall immediately request
524such waivers, and Workforce Florida, Inc., shall report to the
525Governor, the President of the Senate, and the Speaker of the
526House of Representatives if any refusal of the federal
527government to grant such waivers prevents the implementation of
528the demonstration program. If Workforce Florida, Inc., finds
529that federal waivers to provisions of the Food Stamp Program
530would facilitate implementation of the demonstration program,
531the Department of Children and Family Services shall immediately
532request such waivers in accordance with s. 414.175.
533     (3)  INCOME DISREGARD.--In order to provide an additional
534incentive for employment, and notwithstanding the amount
535specified in s. 414.095(12), for individuals residing in the
536areas designated for this demonstration program, the first $300
537plus one-half of the remainder of earned income shall be
538disregarded in determining eligibility for temporary cash
539assistance. All other conditions and requirements of s.
540414.095(12) shall continue to apply to such individuals.
541     (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
542assist them in making the transition to economic
543self-sufficiency, former recipients of temporary cash assistance
544residing within the areas designated for this demonstration
545program shall be eligible for the following benefits and
546services:
547     (a)  Notwithstanding the time period specified in s.
548445.030, transitional education and training support services as
549specified in s. 445.030 for up to 4 years after the family is no
550longer receiving temporary cash assistance;
551     (b)  Notwithstanding the time period specified in s.
552445.031, transitional transportation support services as
553specified in s. 445.031 for up to 4 years after the family is no
554longer receiving temporary cash assistance; and
555     (c)  Notwithstanding the time period specified in s.
556445.032, transitional child care as specified in s. 445.032 for
557up to 4 years after the family is no longer receiving temporary
558cash assistance.
559
560All other provisions of ss. 445.030, 445.031, and 445.032 shall
561apply to such individuals, as appropriate. This subsection does
562not constitute an entitlement to transitional benefits and
563services. If funds are insufficient to provide benefits and
564services under this subsection, the board of directors of
565Workforce Florida, Inc., or its agent, may limit such benefits
566and services or otherwise establish priorities for the
567provisions of such benefits and services.
568     (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
569SUPPLEMENTATION.--
570     (a)  The Legislature finds that:
571     1.  There are former recipients of temporary cash
572assistance who are working full time but whose incomes are below
573the federal poverty level.
574     2.  Having incomes below the federal poverty level makes
575such individuals particularly vulnerable to reliance on public
576assistance despite their best efforts to achieve or maintain
577economic independence through employment.
578     3.  It is necessary to implement a performance-based
579program that defines economic incentives for achieving specific
580benchmarks toward self-sufficiency while the individual is
581working full-time supplement the wages of such individuals for a
582limited period of time in order to assist them in fulfilling the
583transition to economic self-sufficiency.
584     (b)  Workforce Florida, Inc., in cooperation with the
585Department of Children and Family Services and the Agency for
586Workforce Innovation, shall offer performance-based incentive
587bonuses create a transitional wage supplementation program by
588November 1, 2001, as a component of the Passport to Economic
589Progress demonstration program in the areas designated for the
590demonstration program. This wage supplementation program does
591not constitute an entitlement to wage supplementation. The
592bonuses do not represent a program entitlement and shall be
593contingent on achieving specific benchmarks prescribed in the
594self-sufficiency plan. If the funds appropriated for this
595purpose are insufficient to provide this financial incentive
596wage supplementation, the board of directors of Workforce
597Florida, Inc., may reduce or suspend the bonuses in order not to
598exceed the appropriation or may direct the regional boards to
599use resources otherwise given to the regional workforce to pay
600such bonuses if such payments comply with applicable state and
601federal laws limit wage supplementation or otherwise establish
602priorities for wage supplementation.
603     (c)  To be eligible for an incentive bonus wage
604supplementation under this subsection, an individual must:
605     1.  Be a former recipient of temporary cash assistance who
606last received such assistance on or after January 1, 2000;
607     2.  Be employed full time, which for the purposes of this
608subsection means employment averaging at least 32 hours per
609week, until the United States Congress enacts legislation
610reauthorizing the Temporary Assistance for Needy Families block
611grant and, after the reauthorization, means employment complying
612with the employment requirements of the reauthorization; and
613     3.  Have an average family income for the 6 months
614preceding the date of application for an incentive bonus wage
615supplementation which is less than 200 100 percent of the
616federal poverty level.
617     (d)  Workforce Florida, Inc., shall determine the schedule
618for the payment of wage supplementation under this subsection.
619An individual eligible for wage supplementation under this
620subsection may receive a payment that equals the amount
621necessary to bring the individual's total family income for the
622period covered by the payment to 100 percent of the federal
623poverty level. An individual may not receive wage
624supplementation payments for more than a total of 12 months.
625     (e)  The wage supplementation program authorized by this
626subsection shall be administered through the regional workforce
627boards and the one-stop delivery system, under policy
628guidelines, criteria, and applications developed by Workforce
629Florida, Inc., in cooperation with the Department of Children
630and Family Services and the Agency for Workforce Innovation. To
631the maximum extent possible, the regional workforce boards shall
632use electronic debit card technologies to provide wage
633supplementation payments under this program.
634     (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
635Florida, Inc., in conjunction with the Department of Children
636and Family Services, the Agency for Workforce Innovation, and
637the regional workforce boards in the areas designated for this
638demonstration program, shall conduct a comprehensive evaluation
639of the effectiveness of the demonstration program operated under
640this section. Evaluations and recommendations for the program
641shall be submitted by Workforce Florida, Inc., as part of its
642annual report to the Legislature. By January 1, 2003, Workforce
643Florida, Inc., shall submit a report on such evaluation to the
644Governor, the President of the Senate, and the Speaker of the
645House of Representatives. The report must include
646recommendations as to whether the demonstration program should
647be expanded to other service areas or statewide and whether the
648program should be revised to enhance its administration or
649effectiveness.
650     (6)(7)  CONFLICTS.--If there is a conflict between the
651implementation procedures described in this section and federal
652requirements and regulations, federal requirements and
653regulations shall control.
654     Section 21.  The amendment of s. 445.048, Florida Statutes,
655by this act shall expire on July 1, 2006, and the text of that
656section shall revert to that in existence on June 30, 2005,
657except that any amendments to such text enacted other than by
658this act shall be preserved and continue to operate to the
659extent that such amendments are not dependent upon the portions
660of such text which expire pursuant to the provisions of this
661act.
662     Section 22.  In order to implement section 31 of the 2005-
6632006 General Appropriations Act, subsection (13) of section
664253.034, Florida Statutes, is amended to read:
665     253.034  State-owned lands; uses.--
666     (13)  Notwithstanding the provisions of this section, funds
667from the sale of property by the Department of Highway Safety
668and Motor Vehicles located in Palm Beach County and Orange
669Counties are authorized to be deposited into the Highway Safety
670Operating Trust Fund to facilitate the exchange as provided in
671the General Appropriations Act, provided that at the conclusion
672of both exchanges the values are equalized. This subsection
673expires July 1, 2006 2005.
674     Section 23.  In order to implement proviso language in
675Specific Appropriation 2162G of the 2005-2006 General
676Appropriations Act, subsection (4) of section 402.3017, Florida
677Statutes, is amended to read:
678     402.3017  Teacher Education and Compensation Helps (TEACH)
679scholarship program.--
680     (4)  For the 2005-2006 2004-2005 fiscal year only, the
681Agency for Workforce Innovation shall administer this section.
682This subsection expires July 1, 2006 2005.
683     Section 24.  In order to implement Specific Appropriation
6842982B of the 2005-2006 General Appropriations Act, paragraph (b)
685of subsection (7) of section 265.702, Florida Statutes, is
686amended to read:
687     265.702  Regional cultural facilities; grants for
688acquisition, renovation, or construction; funding; approval;
689allocation.--
690     (7)
691     (b)  For the 2005-2006 2004-2005 fiscal year only, the
692annual amount of a grant made under this section may not exceed
693the amount specified in the General Appropriations Act or the
694amount specified in paragraph (a), whichever is less. This
695paragraph expires July 1, 2006 2005.
696     Section 25.  In order to implement Specific Appropriation
6972930 of the 2005-2006 General Appropriations Act, paragraph (f)
698of subsection (5) of section 287.057, Florida Statutes, is
699amended to read:
700     287.057  Procurement of commodities or contractual
701services.--
702     (5)  When the purchase price of commodities or contractual
703services exceeds the threshold amount provided in s. 287.017 for
704CATEGORY TWO, no purchase of commodities or contractual services
705may be made without receiving competitive sealed bids,
706competitive sealed proposals, or competitive sealed replies
707unless:
708     (f)  The following contractual services and commodities are
709not subject to the competitive-solicitation requirements of this
710section:
711     1.  Artistic services.
712     2.  Academic program reviews.
713     3.  Lectures by individuals.
714     4.  Auditing services.
715     5.  Legal services, including attorney, paralegal, expert
716witness, appraisal, or mediator services.
717     6.  Health services involving examination, diagnosis,
718treatment, prevention, medical consultation, or administration.
719     7.  Services provided to persons with mental or physical
720disabilities by not-for-profit corporations which have obtained
721exemptions under the provisions of s. 501(c)(3) of the United
722States Internal Revenue Code or when such services are governed
723by the provisions of Office of Management and Budget Circular A-
724122. However, in acquiring such services, the agency shall
725consider the ability of the vendor, past performance,
726willingness to meet time requirements, and price.
727     8.  Medicaid services delivered to an eligible Medicaid
728recipient by a health care provider who has not previously
729applied for and received a Medicaid provider number from the
730Agency for Health Care Administration. However, this exception
731shall be valid for a period not to exceed 90 days after the date
732of delivery to the Medicaid recipient and shall not be renewed
733by the agency.
734     9.  Family placement services.
735     10.  Prevention services related to mental health,
736including drug abuse prevention programs, child abuse prevention
737programs, and shelters for runaways, operated by not-for-profit
738corporations. However, in acquiring such services, the agency
739shall consider the ability of the vendor, past performance,
740willingness to meet time requirements, and price.
741     11.  Training and education services provided to injured
742employees pursuant to s. 440.491(6).
743     12.  Contracts entered into pursuant to s. 337.11.
744     13.  Services or commodities provided by governmental
745agencies.
746     14.  Voter education activities of the Department of State
747or the supervisors of elections funded by Specific Appropriation
7482930 2871H of the 2005-2006 2004-2005 General Appropriations
749Act, either individually or in the aggregate or with their
750respective professional associations. This subparagraph expires
751July 1, 2006 2005.
752     Section 26.  In order to implement Specific Appropriation
7532999 of the 2005-2006 General Appropriations Act, and pursuant
754to the notice, review, and objection procedures of s. 216.177,
755Florida Statutes, funds in Specific Appropriation 2999 of the
7562005-2006 General Appropriations Act may be transferred from the
757courts to the Justice Administrative Commission in order to
758address unanticipated shortfalls in due process services
759appropriations in excess of the contingency fund provided in
760Specific Appropriation 2999 of the 2005-2006 General
761Appropriations Act. This section expires July 1, 2006.
762     Section 27.  In order to implement Specific Appropriations
763836, 837, 839, 840, and 3020 of the 2005-2006 General
764Appropriations Act, if a deficit is projected by the Justice
765Administrative Commission or the state courts in any specific
766appropriation provided for due process services, the Governor or
767the Chief Justice of the Supreme Court, respectively, may submit
768a budget amendment for consideration by the Legislative Budget
769Commission to authorize the expenditure of funds from the
770Working Capital Fund to offset such deficiency. Any budget
771amendment submitted by the Governor to the Legislative Budget
772Commission shall contain certification by the Justice
773Administrative Commission that all actions required by s.
77429.015, Florida Statutes, have been completed and that no funds
775exist in any contingency fund appropriation available to the
776entity projected to experience the deficiency. Any budget
777amendment submitted by the Supreme Court shall contain
778certification that the court has completed all actions required
779by s. 29.016, Florida Statutes, and that no funds exist in any
780contingency fund available to the state courts system. This
781section expires July 1, 2006.
782     Section 28.  In order to implement the transfer of moneys
783to the Working Capital Fund from trust funds in the 2005-2006
784General Appropriations Act, paragraph (b) of subsection (2) of
785section 215.32, Florida Statutes, is reenacted to read:
786     215.32  State funds; segregation.--
787     (2)  The source and use of each of these funds shall be as
788follows:
789     (b)1.  The trust funds shall consist of moneys received by
790the state which under law or under trust agreement are
791segregated for a purpose authorized by law. The state agency or
792branch of state government receiving or collecting such moneys
793shall be responsible for their proper expenditure as provided by
794law. Upon the request of the state agency or branch of state
795government responsible for the administration of the trust fund,
796the Chief Financial Officer may establish accounts within the
797trust fund at a level considered necessary for proper
798accountability. Once an account is established within a trust
799fund, the Chief Financial Officer may authorize payment from
800that account only upon determining that there is sufficient cash
801and releases at the level of the account.
802     2.  In addition to other trust funds created by law, to the
803extent possible, each agency shall use the following trust funds
804as described in this subparagraph for day-to-day operations:
805     a.  Operations or operating trust fund, for use as a
806depository for funds to be used for program operations funded by
807program revenues, with the exception of administrative
808activities when the operations or operating trust fund is a
809proprietary fund.
810     b.  Operations and maintenance trust fund, for use as a
811depository for client services funded by third-party payors.
812     c.  Administrative trust fund, for use as a depository for
813funds to be used for management activities that are departmental
814in nature and funded by indirect cost earnings and assessments
815against trust funds. Proprietary funds are excluded from the
816requirement of using an administrative trust fund.
817     d.  Grants and donations trust fund, for use as a
818depository for funds to be used for allowable grant or donor
819agreement activities funded by restricted contractual revenue
820from private and public nonfederal sources.
821     e.  Agency working capital trust fund, for use as a
822depository for funds to be used pursuant to s. 216.272.
823     f.  Clearing funds trust fund, for use as a depository for
824funds to account for collections pending distribution to lawful
825recipients.
826     g.  Federal grant trust fund, for use as a depository for
827funds to be used for allowable grant activities funded by
828restricted program revenues from federal sources.
829
830To the extent possible, each agency must adjust its internal
831accounting to use existing trust funds consistent with the
832requirements of this subparagraph. If an agency does not have
833trust funds listed in this subparagraph and cannot make such
834adjustment, the agency must recommend the creation of the
835necessary trust funds to the Legislature no later than the next
836scheduled review of the agency's trust funds pursuant to s.
837215.3206.
838     3.  All such moneys are hereby appropriated to be expended
839in accordance with the law or trust agreement under which they
840were received, subject always to the provisions of chapter 216
841relating to the appropriation of funds and to the applicable
842laws relating to the deposit or expenditure of moneys in the
843State Treasury.
844     4.a.  Notwithstanding any provision of law restricting the
845use of trust funds to specific purposes, unappropriated cash
846balances from selected trust funds may be authorized by the
847Legislature for transfer to the Budget Stabilization Fund and
848Working Capital Fund in the General Appropriations Act.
849     b.  This subparagraph does not apply to trust funds
850required by federal programs or mandates; trust funds
851established for bond covenants, indentures, or resolutions whose
852revenues are legally pledged by the state or public body to meet
853debt service or other financial requirements of any debt
854obligations of the state or any public body; the State
855Transportation Trust Fund; the trust fund containing the net
856annual proceeds from the Florida Education Lotteries; the
857Florida Retirement System Trust Fund; trust funds under the
858management of the Board of Regents, where such trust funds are
859for auxiliary enterprises, self-insurance, and contracts,
860grants, and donations, as those terms are defined by general
861law; trust funds that serve as clearing funds or accounts for
862the Chief Financial Officer or state agencies; trust funds that
863account for assets held by the state in a trustee capacity as an
864agent or fiduciary for individuals, private organizations, or
865other governmental units; and other trust funds authorized by
866the State Constitution.
867     Section 29.  A section of this act that implements a
868specific appropriation or specifically identified proviso
869language in the 2005-2006 General Appropriations Act is void if
870the specific appropriation or specifically identified proviso
871language is vetoed. A section of this act that implements more
872than one specific appropriation or more than one portion of
873specifically identified proviso language in the 2005-2006
874General Appropriations Act is void if all the specific
875appropriations or portions of specifically identified proviso
876language are vetoed.
877     Section 30.  If any other act passed in 2005 contains a
878provision that is substantively the same as a provision in this
879act, but that removes or is otherwise not subject to the future
880repeal applied to such provision by this act, the Legislature
881intends that the provision in the other act shall take
882precedence and shall continue to operate, notwithstanding the
883future repeal provided by this act.
884     Section 31.  The agency performance measures and standards
885in the document entitled "Performance Measures and Standards
886Approved by the Legislature for Fiscal Year 2005-2006" dated
887April 4, 2005, and filed with the Clerk of the House of
888Representatives are incorporated by reference. Such performance
889measures and standards are directly linked to the appropriations
890made in the General Appropriations Act for fiscal year 2005-
8912006, as required by the Government Performance and
892Accountability Act of 1994. State agencies are directed to
893revise their long-range program plans required under s. 216.013,
894Florida Statutes, to be consistent with these performance
895measures and standards.
896     Section 32.  If any provision of this act or its
897application to any person or circumstance is held invalid, the
898invalidity does not affect other provisions or applications of
899the act which can be given effect without the invalid provision
900or application, and to this end the provisions of this act are
901severable.
902     Section 33.  Except as otherwise expressly provided in this
903act, this act shall take effect July 1, 2005; or, if this act
904fails to become a law until after that date, it shall take
905effect upon becoming a law and shall operate retroactively to
906July 1, 2005.


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