_h1887e1
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. 932.7055, F.S.;
29allowing municipalities to reimburse their general funds
30from moneys they advanced to their own special law
31enforcement trust funds; amending s. 216.262, F.S.;
32providing for additional positions to operate additional
33prison bed capacity under certain circumstances; providing
34for the transfer of a specified building to the Department
35of Corrections for additional prison beds; authorizing the
36Executive Office of the Governor to transfer funds between
37departments for purposes of aligning amounts paid for risk
38management premiums and for purposes of aligning amounts
39paid for human resource management services; amending s.
40112.061, F.S.; providing for computation of travel time
41and reimbursement for public officers' and employees'
42travel; amending s. 376.3071, F.S.; providing for use of
43funds from the Inland Protection Trust Fund to clean up
44certain petroleum contaminated sites and to purchase
45generators for emergency fuel supply; amending s.
46373.4137, F.S.; providing for water management districts
47to use specified funds in certain surface water
48improvement and management or invasive plant control
49projects; amending s. 120.551, F.S.; continuing Internet
50publication of certain notices of the Department of
51Environmental Protection and the Board of Trustees of the
52Internal Improvement Trust Fund; creating the Florida Pork
53Producers Transition Grant Program within the Department
54of Agriculture and Consumer Services; entitling certain
55persons using farming methods described in the Florida
56Constitution on a certain date to apply for a grant;
57providing a cap on such grants and authorizing the
58department to adopt rules to implement the grant program;
59amending s. 320.08058, F.S.; authorizing proceeds from the
60Professional Sports Development Trust Fund to be used for
61operational expenses of the Florida Sports Foundation and
62financial support of the Sunshine State Games; amending s.
63445.048, F.S.; requiring that Workforce Florida, Inc.,
64expand the Passport to Economic Progress demonstration
65program to a statewide program; authorizing Workforce
66Florida, Inc., to designate regional workforce boards to
67participate in the program; deleting a provision relating
68to the disregard of income for purposes of determining
69eligibility for cash assistance; requiring that Workforce
70Florida, Inc., offer incentive bonuses; providing
71requirements for such bonuses; providing that such bonuses
72are not an entitlement; requiring Workforce Florida, Inc.,
73to submit evaluations and recommendations for the program
74as part of its annual report to the Legislature; amending
75s. 253.034, F.S.; authorizing deposit of funds from the
76sale of property by the Department of Highway Safety and
77Motor Vehicles located in Palm Beach County; amending s.
78402.3017, F.S.; requiring the Agency for Workforce
79Innovation to administer Teacher Education and
80Compensation Helps (TEACH) scholarship program; amending
81s. 265.702, F.S.; providing a limit on the annual amount
82of individual cultural facilities grants; amending s.
83287.057, F.S.; exempting certain voter education
84activities from competitive-solicitation requirements;
85authorizing transfer of certain funds from the courts to
86the Justice Administrative Commission to meet certain
87shortfalls in due process appropriations; providing for
88expenditure of funds from the Working Capital Fund to
89offset deficiencies in due process services; reenacting s.
90215.32(2)(b), F.S., relating to the source and use of
91trust funds; providing for future repeal or expiration of
92various provisions; providing for reversion of certain
93provisions; providing effect of veto of specific
94appropriation or proviso to which implementing language
95refers; incorporating by reference specified performance
96measures and standards directly linked to the
97appropriations made in the 2005-2006 General
98Appropriations Act, as required by the Government
99Performance and Accountability Act of 1994; providing
100severability; providing an effective date.
101
102Be It Enacted by the Legislature of the State of Florida:
103
104     Section 1.  It is the intent of the Legislature that the
105implementing and administering provisions of this act apply to
106the General Appropriations Act for fiscal year 2005-2006.
107     Section 2.  In order to implement Specific Appropriation 17
108of the 2005-2006 General Appropriations Act, subsection (7) of
109section 1013.62, Florida Statutes, is amended to read:
110     1013.62  Charter schools capital outlay funding.--
111     (7)  Notwithstanding the provisions of this section,
112beginning in the 2003-2004 fiscal year:
113     (a)  If the appropriation for charter school capital outlay
114funds is no greater than the 2002-2003 appropriation, the funds
115shall be allocated according to the formula outlined in
116subsection (1) to:
117     1.  The same schools that received funding in 2002-2003.
118     2.  Schools that are an expanded feeder pattern of schools
119that received funding in 2002-2003.
120     3.  Schools that have an approved charter and are serving
121students at the start of the 2003-2004 school year and either
122incurred long-term financial obligations prior to January 31,
1232003, or began construction on educational facilities prior to
124December 31, 2002.
125     (b)  If the appropriation for charter school capital outlay
126funds is less than the 2002-2003 appropriation, the funds shall
127be prorated among the schools eligible in paragraph (a).
128     (c)  If the appropriation for charter school capital outlay
129funds is greater than the 2002-2003 appropriation, the amount of
130funds provided in the 2002-2003 appropriation shall be allocated
131according to paragraph (a). First priority for allocating the
132amount in excess of the 2002-2003 appropriation shall be to
133prorate the excess funds among the charter schools with long-
134term debt or long-term lease to the extent that the initial
135allocation is insufficient to provide one-fifteenth of the cost
136per student station specified in s. 1013.64(6)(b), and second
137priority shall be to other eligible charter schools.
138     Section 3.  The amendment of subsection (7) of s. 1013.62,
139Florida Statutes, by this act shall expire on July 1, 2006, and
140the text of that section shall revert to that in existence on
141June 30, 2005, except that any amendments to such text enacted
142other than by this act shall be preserved and continue to
143operate to the extent that such amendments are not dependent
144upon the portions of such text which expire pursuant to the
145provisions of this act.
146     Section 4.  In order to implement section 11 of the 2005-
1472006 General Appropriations Act, section 1004.065, Florida
148Statutes, is created to read:
149     1004.065  Limitation on university and direct-support
150organization financings.--No project may be financed by or on
151behalf of a university or a direct-support organization pursuant
152to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
1531013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
154through any financing mechanism, including, but not limited to,
155revenue bonds, promissory notes, certificates of participation,
156lease-purchase agreements, or any other form of indebtedness,
157without prior approval of the project by the Legislature by an
158act relating to appropriations or general law. This section
159expires July 1, 2006.
160     Section 5.  In order to implement Specific Appropriations
161325-328, 332-336, 351, and 354 of the 2005-2006 General
162Appropriations Act, subsection (8) of section 394.908, Florida
163Statutes, is amended to read:
164     394.908  Substance abuse and mental health funding equity;
165distribution of appropriations.--In recognition of the
166historical inequity among service districts of the former
167Department of Health and Rehabilitative Services in the funding
168of substance abuse and mental health services, and in order to
169rectify this inequity and provide for equitable funding in the
170future throughout the state, the following funding process shall
171be adhered to:
172     (8)  For fiscal year 2005-2006 2004-2005 only, and
173notwithstanding the provisions of this section, all new funds
174received in excess of fiscal year 2004-2005 2003-2004 recurring
175appropriations shall be allocated in accordance with the
176provisions of the General Appropriations Act; however, no
177district shall receive an allocation of recurring funds less
178than its initial approved operating budget, plus any
179distributions of lump sum appropriations or reductions in
180unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
181appropriated for projects in specific locations in the General
182Appropriations Act shall be included in the base funding of the
183respective district when calculating the distribution of funds
184under the equity formula. This subsection expires July 1, 2006
1852005.
186     Section 6.  In order to implement Specific Appropriations
187395-404 of the 2005-2006 General Appropriations Act, paragraph
188(b) of subsection (14) of section 287.057, Florida Statutes, is
189amended to read:
190     287.057  Procurement of commodities or contractual
191services.--
192     (14)
193     (b)  Notwithstanding paragraph (a), the Department of
194Children and Family Services may enter into agreements, not to
195exceed 20 years, with a private provider to finance, design, and
196construct a treatment facility, as defined in s. 394.455, of at
197least 200 beds and to operate all aspects of daily operations
198within the treatment facility. The selected contractor is
199authorized to sponsor the issuance of tax-exempt certificates of
200participation or other securities to finance the project, and
201the state is authorized to enter into a lease-purchase agreement
202for the treatment facility. The Department of Children and
203Family Services shall begin the implementation of this
204privatization initiative by January 1, 2006 2005. This paragraph
205expires July 1, 2006 2005.
206     Section 7.  In order to implement Specific Appropriation
207595 of the 2005-2006 General Appropriations Act, subsection (3)
208of section 381.79, Florida Statutes, is amended to read:
209     381.79  Brain and Spinal Cord Injury Program Trust Fund.--
210     (3)(a)  Annually, 5 percent of the revenues deposited
211monthly in the fund pursuant to s. 318.21(2)(d) shall be
212appropriated to the University of Florida and 5 percent to the
213University of Miami for spinal cord injury and brain injury
214research. The amount to be distributed to the universities shall
215be calculated based on the deposits into the fund for each
216quarter in the fiscal year, but may not exceed $500,000 per
217university per year. Funds distributed under this subsection
218shall be made in quarterly payments at the end of each quarter
219during the fiscal year.
220     (b)  For the 2005-2006 2004-2005 fiscal year only, and
221notwithstanding paragraph (a), revenues deposited in the fund
222pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
223injury and brain injury research at the University of Miami. The
224amount appropriated in the 2005-2006 2004-2005 General
225Appropriations Act shall be distributed in equal quarterly
226payments at the end of each quarter during the fiscal year. This
227paragraph expires July 1, 2006 2005.
228     Section 8.  In order to implement Specific Appropriations
229238-404 of the 2005-2006 General Appropriations Act, paragraph
230(b) of subsection (10) of section 402.33, Florida Statutes, is
231amended to read:
232     402.33  Department authority to charge fees for services
233provided.--
234     (10)
235     (b)  For the 2005-2006 2004-2005 fiscal year only, the
236provisions of paragraph (a) shall not apply. This paragraph
237expires July 1, 2006 2005.
238     Section 9.  In order to fulfill legislative intent
239regarding the use of funds contained in Specific Appropriations
240676, 688, 698, and 1136 of the 2005-2006 General Appropriations
241Act, the Department of Corrections and the Department of
242Juvenile Justice may expend appropriated funds to assist in
243defraying the costs of impacts that are incurred by a
244municipality or county and associated with opening or operating
245a facility under the authority of the respective department
246which is located within that municipality or county. The amount
247that is to be paid under this section for any facility may not
248exceed 1 percent of the facility construction cost, less
249building impact fees imposed by the municipality or by the
250county if the facility is located in the unincorporated portion
251of the county. This section expires July 1, 2006.
252     Section 10.  In order to implement Specific Appropriation
2531201 of the 2005-2006 General Appropriations Act, paragraph (d)
254is added to subsection (4) of section 932.7055, Florida
255Statutes, to read:
256     932.7055  Disposition of liens and forfeited property.--
257     (4)  The proceeds from the sale of forfeited property shall
258be disbursed in the following priority:
259     (d)  Notwithstanding any other provision of this
260subsection, and for the 2005-2006 fiscal year only, the funds in
261a special law enforcement trust fund established by the
262governing body of a municipality may be expended to reimburse
263the general fund of the municipality for moneys advanced from
264the general fund to the special law enforcement trust fund prior
265to October 1, 2001. This paragraph expires July 1, 2006.
266     Section 11.  In order to implement Specific Appropriations
267666-761 and 797-827 of the 2005-2006 General Appropriations Act,
268subsection (4) of section 216.262, Florida Statutes, is amended
269to read:
270     216.262  Authorized positions.--
271     (4)  Notwithstanding the provisions of this chapter on
272increasing the number of authorized positions, and for the 2005-
2732006 2004-2005 fiscal year only, if the actual inmate population
274of the Department of Corrections exceeds the inmate population
275projections of the February 16, 2005 2004, Criminal Justice
276Estimating Conference by 1 percent for 2 consecutive months or 2
277percent for any month, the Executive Office of the Governor,
278with the approval of the Legislative Budget Commission, shall
279immediately notify the Criminal Justice Estimating Conference,
280which shall convene as soon as possible to revise the estimates.
281The Department of Corrections may then submit a budget amendment
282requesting the establishment of positions in excess of the
283number authorized by the Legislature and additional
284appropriations from the General Revenue Fund or the Working
285Capital Fund sufficient to provide for essential staff and other
286resources to provide classification, security, food services,
287health services, and other variable expenses within the
288institutions to accommodate the estimated increase in the inmate
289population. All actions taken pursuant to the authority granted
290in this subsection shall be subject to review and approval by
291the Legislative Budget Commission. This subsection expires July
2921, 2006 2005.
293     Section 12.  In order to implement Specific Appropriation
294751 of the 2005-2006 General Appropriations Act, the Department
295of Children and Family Services shall transfer the Tramell
296Building on the grounds of the Florida State Hospital to the
297Department of Corrections to be used for 953 additional prison
298beds.
299     Section 13.  In order to implement the appropriation of
300funds in Special Categories-Risk Management Insurance of the
3012005-2006 General Appropriations Act, and pursuant to the
302notice, review, and objection procedures of s. 216.177, Florida
303Statutes, the Executive Office of the Governor is authorized to
304transfer funds appropriated in the appropriation category
305"Special Categories-Risk Management Insurance" of the 2005-2006
306General Appropriations Act between departments in order to align
307the budget authority granted with the premiums paid by each
308department for risk management insurance. This section expires
309July 1, 2006.
310     Section 14.  In order to implement the appropriation of
311funds in Special Categories-Transfer to Department of Management
312Services-Human Resources Services Purchased Per Statewide
313Contract of the 2005-2006 General Appropriations Act, and
314pursuant to the notice, review, and objection procedures of s.
315216.177, Florida Statutes, the Executive Office of the Governor
316is authorized to transfer funds appropriated in the
317appropriation category "Special Categories-Transfer to
318Department of Management Services-Human Resources Services
319Purchased Per Statewide Contract" of the 2005-2006 General
320Appropriations Act between departments in order to align the
321budget authority granted with the assessments that must be paid
322by each agency to the Department of Management Services for
323human resource management services. This section expires July 1,
3242006.
325     Section 15.  In order to implement sections 2 through 7 of
326the 2005-2006 General Appropriations Act, paragraph (c) of
327subsection (5) and paragraph (d) of subsection (6) of section
328112.061, Florida Statutes, are amended to read:
329     112.061  Per diem and travel expenses of public officers,
330employees, and authorized persons.--
331     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
332purposes of reimbursement and methods of calculating fractional
333days of travel, the following principles are prescribed:
334     (c)  For the 2005-2006 2004-2005 fiscal year only and
335notwithstanding the other provisions of this subsection, for
336Class C travel, a state traveler shall not be reimbursed on a
337per diem basis nor shall a traveler receive subsistence
338allowance. This paragraph expires July 1, 2006 2005.
339     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
340purposes of reimbursement rates and methods of calculation, per
341diem and subsistence allowances are divided into the following
342groups and rates:
343     (d)  For the 2005-2006 2004-2005 fiscal year only and
344notwithstanding the other provisions of this subsection, for
345Class C travel, a state traveler shall not be reimbursed on a
346per diem basis nor shall a traveler receive subsistence
347allowance. This paragraph expires July 1, 2006 2005.
348     Section 16.  In order to implement Specific Appropriation
3491742, subsection (14) is added to section 376.3071, Florida
350Statutes, to read:
351     376.3071  Inland Protection Trust Fund; creation; purposes;
352funding.--
353     (14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
354YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
3552005-2006 fiscal year only funds from the Inland Protection
356Trust Fund may be used to clean up petroleum contaminated sites
357registered in a state-funded program that have been identified
358as viable affordable housing sites by the Department of
359Community Affairs together with local governments and may be
360used to purchase generators for emergency fuel supply. This
361subsection expires July 1, 2006.
362     Section 17.  In order to implement Specific Appropriation
3631590 of the 2005-2006 General Appropriations Act, paragraph (c)
364of subsection (4) of section 373.4137, Florida Statutes, is
365amended to read:
366     373.4137  Mitigation requirements.--
367     (4)  Prior to December 1 of each year, each water
368management district, in consultation with the Department of
369Environmental Protection, the United States Army Corps of
370Engineers, the Department of Transportation, transportation
371authorities established pursuant to chapter 348 or chapter 349,
372and other appropriate federal, state, and local governments, and
373other interested parties, including entities operating
374mitigation banks, shall develop a plan for the primary purpose
375of complying with the mitigation requirements adopted pursuant
376to this part and 33 U.S.C. s. 1344. This plan shall also address
377significant invasive plant problems within wetlands and other
378surface waters. In developing such plans, the districts shall
379utilize sound ecosystem management practices to address
380significant water resource needs and shall focus on activities
381of the Department of Environmental Protection and the water
382management districts, such as surface water improvement and
383management (SWIM) waterbodies and lands identified for potential
384acquisition for preservation, restoration, and enhancement, to
385the extent that such activities comply with the mitigation
386requirements adopted under this part and 33 U.S.C. s. 1344. In
387determining the activities to be included in such plans, the
388districts shall also consider the purchase of credits from
389public or private mitigation banks permitted under s. 373.4136
390and associated federal authorization and shall include such
391purchase as a part of the mitigation plan when such purchase
392would offset the impact of the transportation project, provide
393equal benefits to the water resources than other mitigation
394options being considered, and provide the most cost-effective
395mitigation option. The mitigation plan shall be preliminarily
396approved by the water management district governing board and
397shall be submitted to the secretary of the Department of
398Environmental Protection for review and final approval. The
399preliminary approval by the water management district governing
400board does not constitute a decision that affects substantial
401interests as provided by s. 120.569. At least 30 days prior to
402preliminary approval, the water management district shall
403provide a copy of the draft mitigation plan to any person who
404has requested a copy.
405     (c)  Surface water improvement and management or invasive
406plant control projects undertaken using the $12 million advance
407transferred from the Department of Transportation to the
408Department of Environmental Protection in fiscal year 1996-1997
409which meet the requirements for mitigation under this part and
41033 U.S.C. s. 1344 shall remain available for mitigation until
411the $12 million is fully credited up to and including fiscal
412year 2006-2007 2005-2006. When these projects are used as
413mitigation, the $12 million advance shall be reduced by $75,000
414per acre of impact mitigated. For any fiscal year through and
415including fiscal year 2006-2007 2005-2006, to the extent the
416cost of developing and implementing the mitigation plans is less
417than the amount transferred pursuant to subsection (3), the
418difference shall be credited towards the $12 million advance.
419Except as provided in this paragraph, any funds not directed to
420implement the mitigation plan should, to the greatest extent
421possible, be directed to fund invasive plant control within
422wetlands and other surface waters.
423     Section 18.  In order to implement Specific Appropriation
4241690 of the 2004-2005 General Appropriations Act, subsection (3)
425of section 120.551, Florida Statutes, is amended to read:
426     120.551  Internet publication.--
427     (3)  This section is repealed effective July 1, 2006 2005,
428unless reviewed and reenacted by the Legislature before that
429date.
430     Section 19.  (1)  In order to implement Specific
431Appropriation 1453A of the 2005-2006 General Appropriations Act,
432there is hereby created the Florida Pork Producers Transition
433Grant Program within the Department of Agriculture and Consumer
434Services to provide assistance to any person or persons or
435entities that were using farming methods described in Article X,
436Section 21 of the Florida Constitution on November 5, 2002. The
437purpose of the program is to assist Florida pork producers in
438reducing encumbered debt on stranded investment in equipment and
439in transitioning into other farming or agriculture activities.
440     (2)  Any person or persons or entities that were using
441farming methods described in Article X, Section 21 of the
442Florida Constitution on November 5, 2002, are entitled to apply
443for a grant from the program if that person or entity signs a
444letter of intent to cease or has ceased using farming methods
445described in Article X, Section 21 of the Florida Constitution
446on land within this state and agrees in writing to continue to
447use the land as actively engaged in an agricultural or farming
448activity other than pork production until at least November
4492008.
450     (3)  The department shall provide grants of not more than
451$275,000 to each person or persons or entities who meet the
452criteria for the program and who enter into such a letter of
453intent with the department, on a first-come first-served basis;
454provided that the application for the grant is made on or before
455December 29, 2005. The department may adopt rules to implement
456the Florida Pork Producers Transition Grant Program.
457     (4)  This section expires July 1, 2006.
458     Section 20.  In order to implement Specific Appropriation
4592501 of the 2005-2006 General Appropriations Act, paragraph (b)
460of subsection (9) of section 320.08058, Florida Statutes, is
461amended to read:
462     320.08058  Specialty license plates.--
463     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
464     (b)  The license plate annual use fees are to be annually
465distributed as follows:
466     1.  Fifty-five percent of the proceeds from the Florida
467Professional Sports Team plate must be deposited into the
468Professional Sports Development Trust Fund within the Office of
469Tourism, Trade, and Economic Development. These funds must be
470used solely to attract and support major sports events in this
471state. As used in this subparagraph, the term "major sports
472events" means, but is not limited to, championship or all-star
473contests of Major League Baseball, the National Basketball
474Association, the National Football League, the National Hockey
475League, the men's and women's National Collegiate Athletic
476Association Final Four basketball championship, or a horseracing
477or dogracing Breeders' Cup. All funds must be used to support
478and promote major sporting events, and the uses must be approved
479by the Florida Sports Foundation.
480     2.  The remaining proceeds of the Florida Professional
481Sports Team license plate must be allocated to the Florida
482Sports Foundation, a direct-support organization of the Office
483of Tourism, Trade, and Economic Development. These funds must be
484deposited into the Professional Sports Development Trust Fund
485within the Office of Tourism, Trade, and Economic Development.
486These funds must be used by the Florida Sports Foundation to
487promote the economic development of the sports industry; to
488distribute licensing and royalty fees to participating
489professional sports teams; to promote education programs in
490Florida schools that provide an awareness of the benefits of
491physical activity and nutrition standards; to partner with the
492Department of Education and the Department of Health to develop
493a program that recognizes schools whose students demonstrate
494excellent physical fitness or fitness improvement; to institute
495a grant program for communities bidding on minor sporting events
496that create an economic impact for the state; to distribute
497funds to Florida-based charities designated by the Florida
498Sports Foundation and the participating professional sports
499teams; and to fulfill the sports promotion responsibilities of
500the Office of Tourism, Trade, and Economic Development.
501     3.  The Florida Sports Foundation shall provide an annual
502financial audit in accordance with s. 215.981 of its financial
503accounts and records by an independent certified public
504accountant pursuant to the contract established by the Office of
505Tourism, Trade, and Economic Development as specified in s.
506288.1229(5). The auditor shall submit the audit report to the
507Office of Tourism, Trade, and Economic Development for review
508and approval. If the audit report is approved, the office shall
509certify the audit report to the Auditor General for review.
510     4.  For the 2005-2006 2004-2005 fiscal year only and
511notwithstanding the provisions of subparagraphs 1. and 2.,
512proceeds from the Professional Sports Development Trust Fund may
513also be used for operational expenses of the Florida Sports
514Foundation and financial support of the Sunshine State Games.
515This subparagraph expires July 1, 2006 2005.
516     Section 21.  In order to implement Specific Appropriation
5172121 of the 2005-2006 General Appropriations Act, section
518445.048, Florida Statutes, as amended by section 53 of chapter
5192004-269, Laws of Florida, is amended to read:
520     445.048  Passport to Economic Progress demonstration
521program.--
522     (1)  AUTHORIZATION.--Notwithstanding any law to the
523contrary, Workforce Florida, Inc., in conjunction with the
524Department of Children and Family Services and the Agency for
525Workforce Innovation, shall implement a Passport to Economic
526Progress demonstration program by November 1, 2001, consistent
527with the provisions of this section in Hillsborough and Manatee
528counties. Workforce Florida, Inc., may designate regional
529workforce boards to participate in the program. Expenses for the
530program may come from appropriated revenues or from funds
531otherwise available to a regional workforce board which may be
532legally used for such purposes. Workforce Florida, Inc., must
533consult with the applicable regional workforce boards and the
534applicable local offices of the Department of Children and
535Family Services which serve the demonstration areas and must
536encourage community input into the implementation process.
537     (2)  WAIVERS.--If Workforce Florida, Inc., in consultation
538with the Department of Children and Family Services, finds that
539federal waivers would facilitate implementation of the
540demonstration program, the department shall immediately request
541such waivers, and Workforce Florida, Inc., shall report to the
542Governor, the President of the Senate, and the Speaker of the
543House of Representatives if any refusal of the federal
544government to grant such waivers prevents the implementation of
545the demonstration program. If Workforce Florida, Inc., finds
546that federal waivers to provisions of the Food Stamp Program
547would facilitate implementation of the demonstration program,
548the Department of Children and Family Services shall immediately
549request such waivers in accordance with s. 414.175.
550     (3)  INCOME DISREGARD.--In order to provide an additional
551incentive for employment, and notwithstanding the amount
552specified in s. 414.095(12), for individuals residing in the
553areas designated for this demonstration program, the first $300
554plus one-half of the remainder of earned income shall be
555disregarded in determining eligibility for temporary cash
556assistance. All other conditions and requirements of s.
557414.095(12) shall continue to apply to such individuals.
558     (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
559assist them in making the transition to economic
560self-sufficiency, former recipients of temporary cash assistance
561residing within the areas designated for this demonstration
562program shall be eligible for the following benefits and
563services:
564     (a)  Notwithstanding the time period specified in s.
565445.030, transitional education and training support services as
566specified in s. 445.030 for up to 4 years after the family is no
567longer receiving temporary cash assistance;
568     (b)  Notwithstanding the time period specified in s.
569445.031, transitional transportation support services as
570specified in s. 445.031 for up to 4 years after the family is no
571longer receiving temporary cash assistance; and
572     (c)  Notwithstanding the time period specified in s.
573445.032, transitional child care as specified in s. 445.032 for
574up to 4 years after the family is no longer receiving temporary
575cash assistance.
576
577All other provisions of ss. 445.030, 445.031, and 445.032 shall
578apply to such individuals, as appropriate. This subsection does
579not constitute an entitlement to transitional benefits and
580services. If funds are insufficient to provide benefits and
581services under this subsection, the board of directors of
582Workforce Florida, Inc., or its agent, may limit such benefits
583and services or otherwise establish priorities for the
584provisions of such benefits and services.
585     (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
586SUPPLEMENTATION.--
587     (a)  The Legislature finds that:
588     1.  There are former recipients of temporary cash
589assistance who are working full time but whose incomes are below
590the federal poverty level.
591     2.  Having incomes below the federal poverty level makes
592such individuals particularly vulnerable to reliance on public
593assistance despite their best efforts to achieve or maintain
594economic independence through employment.
595     3.  It is necessary to implement a performance-based
596program that defines economic incentives for achieving specific
597benchmarks toward self-sufficiency while the individual is
598working full-time supplement the wages of such individuals for a
599limited period of time in order to assist them in fulfilling the
600transition to economic self-sufficiency.
601     (b)  Workforce Florida, Inc., in cooperation with the
602Department of Children and Family Services and the Agency for
603Workforce Innovation, shall offer performance-based incentive
604bonuses create a transitional wage supplementation program by
605November 1, 2001, as a component of the Passport to Economic
606Progress demonstration program in the areas designated for the
607demonstration program. This wage supplementation program does
608not constitute an entitlement to wage supplementation. The
609bonuses do not represent a program entitlement and shall be
610contingent on achieving specific benchmarks prescribed in the
611self-sufficiency plan. If the funds appropriated for this
612purpose are insufficient to provide this financial incentive
613wage supplementation, the board of directors of Workforce
614Florida, Inc., may reduce or suspend the bonuses in order not to
615exceed the appropriation or may direct the regional boards to
616use resources otherwise given to the regional workforce to pay
617such bonuses if such payments comply with applicable state and
618federal laws limit wage supplementation or otherwise establish
619priorities for wage supplementation.
620     (c)  To be eligible for an incentive bonus wage
621supplementation under this subsection, an individual must:
622     1.  Be a former recipient of temporary cash assistance who
623last received such assistance on or after January 1, 2000;
624     2.  Be employed full time, which for the purposes of this
625subsection means employment averaging at least 32 hours per
626week, until the United States Congress enacts legislation
627reauthorizing the Temporary Assistance for Needy Families block
628grant and, after the reauthorization, means employment complying
629with the employment requirements of the reauthorization; and
630     3.  Have an average family income for the 6 months
631preceding the date of application for an incentive bonus wage
632supplementation which is less than 200 100 percent of the
633federal poverty level.
634     (d)  Workforce Florida, Inc., shall determine the schedule
635for the payment of wage supplementation under this subsection.
636An individual eligible for wage supplementation under this
637subsection may receive a payment that equals the amount
638necessary to bring the individual's total family income for the
639period covered by the payment to 100 percent of the federal
640poverty level. An individual may not receive wage
641supplementation payments for more than a total of 12 months.
642     (e)  The wage supplementation program authorized by this
643subsection shall be administered through the regional workforce
644boards and the one-stop delivery system, under policy
645guidelines, criteria, and applications developed by Workforce
646Florida, Inc., in cooperation with the Department of Children
647and Family Services and the Agency for Workforce Innovation. To
648the maximum extent possible, the regional workforce boards shall
649use electronic debit card technologies to provide wage
650supplementation payments under this program.
651     (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
652Florida, Inc., in conjunction with the Department of Children
653and Family Services, the Agency for Workforce Innovation, and
654the regional workforce boards in the areas designated for this
655demonstration program, shall conduct a comprehensive evaluation
656of the effectiveness of the demonstration program operated under
657this section. Evaluations and recommendations for the program
658shall be submitted by Workforce Florida, Inc., as part of its
659annual report to the Legislature. By January 1, 2003, Workforce
660Florida, Inc., shall submit a report on such evaluation to the
661Governor, the President of the Senate, and the Speaker of the
662House of Representatives. The report must include
663recommendations as to whether the demonstration program should
664be expanded to other service areas or statewide and whether the
665program should be revised to enhance its administration or
666effectiveness.
667     (6)(7)  CONFLICTS.--If there is a conflict between the
668implementation procedures described in this section and federal
669requirements and regulations, federal requirements and
670regulations shall control.
671     Section 22.  The amendment of s. 445.048, Florida Statutes,
672by this act shall expire on July 1, 2006, and the text of that
673section shall revert to that in existence on June 30, 2005,
674except that any amendments to such text enacted other than by
675this act shall be preserved and continue to operate to the
676extent that such amendments are not dependent upon the portions
677of such text which expire pursuant to the provisions of this
678act.
679     Section 23.  In order to implement section 31 of the 2005-
6802006 General Appropriations Act, subsection (13) of section
681253.034, Florida Statutes, is amended to read:
682     253.034  State-owned lands; uses.--
683     (13)  Notwithstanding the provisions of this section, funds
684from the sale of property by the Department of Highway Safety
685and Motor Vehicles located in Palm Beach County and Orange
686Counties are authorized to be deposited into the Highway Safety
687Operating Trust Fund to facilitate the exchange as provided in
688the General Appropriations Act, provided that at the conclusion
689of both exchanges the values are equalized. This subsection
690expires July 1, 2006 2005.
691     Section 24.  In order to implement proviso language in
692Specific Appropriation 2162G of the 2005-2006 General
693Appropriations Act, subsection (4) of section 402.3017, Florida
694Statutes, is amended to read:
695     402.3017  Teacher Education and Compensation Helps (TEACH)
696scholarship program.--
697     (4)  For the 2005-2006 2004-2005 fiscal year only, the
698Agency for Workforce Innovation shall administer this section.
699This subsection expires July 1, 2006 2005.
700     Section 25.  In order to implement Specific Appropriation
7012982B of the 2005-2006 General Appropriations Act, paragraph (b)
702of subsection (7) of section 265.702, Florida Statutes, is
703amended to read:
704     265.702  Regional cultural facilities; grants for
705acquisition, renovation, or construction; funding; approval;
706allocation.--
707     (7)
708     (b)  For the 2005-2006 2004-2005 fiscal year only, the
709annual amount of a grant made under this section may not exceed
710the amount specified in the General Appropriations Act or the
711amount specified in paragraph (a), whichever is less. This
712paragraph expires July 1, 2006 2005.
713     Section 26.  In order to implement Specific Appropriation
7142930 of the 2005-2006 General Appropriations Act, paragraph (f)
715of subsection (5) of section 287.057, Florida Statutes, is
716amended to read:
717     287.057  Procurement of commodities or contractual
718services.--
719     (5)  When the purchase price of commodities or contractual
720services exceeds the threshold amount provided in s. 287.017 for
721CATEGORY TWO, no purchase of commodities or contractual services
722may be made without receiving competitive sealed bids,
723competitive sealed proposals, or competitive sealed replies
724unless:
725     (f)  The following contractual services and commodities are
726not subject to the competitive-solicitation requirements of this
727section:
728     1.  Artistic services.
729     2.  Academic program reviews.
730     3.  Lectures by individuals.
731     4.  Auditing services.
732     5.  Legal services, including attorney, paralegal, expert
733witness, appraisal, or mediator services.
734     6.  Health services involving examination, diagnosis,
735treatment, prevention, medical consultation, or administration.
736     7.  Services provided to persons with mental or physical
737disabilities by not-for-profit corporations which have obtained
738exemptions under the provisions of s. 501(c)(3) of the United
739States Internal Revenue Code or when such services are governed
740by the provisions of Office of Management and Budget Circular A-
741122. However, in acquiring such services, the agency shall
742consider the ability of the vendor, past performance,
743willingness to meet time requirements, and price.
744     8.  Medicaid services delivered to an eligible Medicaid
745recipient by a health care provider who has not previously
746applied for and received a Medicaid provider number from the
747Agency for Health Care Administration. However, this exception
748shall be valid for a period not to exceed 90 days after the date
749of delivery to the Medicaid recipient and shall not be renewed
750by the agency.
751     9.  Family placement services.
752     10.  Prevention services related to mental health,
753including drug abuse prevention programs, child abuse prevention
754programs, and shelters for runaways, operated by not-for-profit
755corporations. However, in acquiring such services, the agency
756shall consider the ability of the vendor, past performance,
757willingness to meet time requirements, and price.
758     11.  Training and education services provided to injured
759employees pursuant to s. 440.491(6).
760     12.  Contracts entered into pursuant to s. 337.11.
761     13.  Services or commodities provided by governmental
762agencies.
763     14.  Voter education activities of the Department of State
764or the supervisors of elections funded by Specific Appropriation
7652930 2871H of the 2005-2006 2004-2005 General Appropriations
766Act, either individually or in the aggregate or with their
767respective professional associations. This subparagraph expires
768July 1, 2006 2005.
769     Section 27.  In order to implement Specific Appropriation
7702999 of the 2005-2006 General Appropriations Act, and pursuant
771to the notice, review, and objection procedures of s. 216.177,
772Florida Statutes, funds in Specific Appropriation 2999 of the
7732005-2006 General Appropriations Act may be transferred from the
774courts to the Justice Administrative Commission in order to
775address unanticipated shortfalls in due process services
776appropriations in excess of the contingency fund provided in
777Specific Appropriation 2999 of the 2005-2006 General
778Appropriations Act. This section expires July 1, 2006.
779     Section 28.  In order to implement Specific Appropriations
780836, 837, 839, 840, and 3020 of the 2005-2006 General
781Appropriations Act, if a deficit is projected by the Justice
782Administrative Commission or the state courts in any specific
783appropriation provided for due process services, the Governor or
784the Chief Justice of the Supreme Court, respectively, may submit
785a budget amendment for consideration by the Legislative Budget
786Commission to authorize the expenditure of funds from the
787Working Capital Fund to offset such deficiency. Any budget
788amendment submitted by the Governor to the Legislative Budget
789Commission shall contain certification by the Justice
790Administrative Commission that all actions required by s.
79129.015, Florida Statutes, have been completed and that no funds
792exist in any contingency fund appropriation available to the
793entity projected to experience the deficiency. Any budget
794amendment submitted by the Supreme Court shall contain
795certification that the court has completed all actions required
796by s. 29.016, Florida Statutes, and that no funds exist in any
797contingency fund available to the state courts system. This
798section expires July 1, 2006.
799     Section 29.  In order to implement the transfer of moneys
800to the Working Capital Fund from trust funds in the 2005-2006
801General Appropriations Act, paragraph (b) of subsection (2) of
802section 215.32, Florida Statutes, is reenacted to read:
803     215.32  State funds; segregation.--
804     (2)  The source and use of each of these funds shall be as
805follows:
806     (b)1.  The trust funds shall consist of moneys received by
807the state which under law or under trust agreement are
808segregated for a purpose authorized by law. The state agency or
809branch of state government receiving or collecting such moneys
810shall be responsible for their proper expenditure as provided by
811law. Upon the request of the state agency or branch of state
812government responsible for the administration of the trust fund,
813the Chief Financial Officer may establish accounts within the
814trust fund at a level considered necessary for proper
815accountability. Once an account is established within a trust
816fund, the Chief Financial Officer may authorize payment from
817that account only upon determining that there is sufficient cash
818and releases at the level of the account.
819     2.  In addition to other trust funds created by law, to the
820extent possible, each agency shall use the following trust funds
821as described in this subparagraph for day-to-day operations:
822     a.  Operations or operating trust fund, for use as a
823depository for funds to be used for program operations funded by
824program revenues, with the exception of administrative
825activities when the operations or operating trust fund is a
826proprietary fund.
827     b.  Operations and maintenance trust fund, for use as a
828depository for client services funded by third-party payors.
829     c.  Administrative trust fund, for use as a depository for
830funds to be used for management activities that are departmental
831in nature and funded by indirect cost earnings and assessments
832against trust funds. Proprietary funds are excluded from the
833requirement of using an administrative trust fund.
834     d.  Grants and donations trust fund, for use as a
835depository for funds to be used for allowable grant or donor
836agreement activities funded by restricted contractual revenue
837from private and public nonfederal sources.
838     e.  Agency working capital trust fund, for use as a
839depository for funds to be used pursuant to s. 216.272.
840     f.  Clearing funds trust fund, for use as a depository for
841funds to account for collections pending distribution to lawful
842recipients.
843     g.  Federal grant trust fund, for use as a depository for
844funds to be used for allowable grant activities funded by
845restricted program revenues from federal sources.
846
847To the extent possible, each agency must adjust its internal
848accounting to use existing trust funds consistent with the
849requirements of this subparagraph. If an agency does not have
850trust funds listed in this subparagraph and cannot make such
851adjustment, the agency must recommend the creation of the
852necessary trust funds to the Legislature no later than the next
853scheduled review of the agency's trust funds pursuant to s.
854215.3206.
855     3.  All such moneys are hereby appropriated to be expended
856in accordance with the law or trust agreement under which they
857were received, subject always to the provisions of chapter 216
858relating to the appropriation of funds and to the applicable
859laws relating to the deposit or expenditure of moneys in the
860State Treasury.
861     4.a.  Notwithstanding any provision of law restricting the
862use of trust funds to specific purposes, unappropriated cash
863balances from selected trust funds may be authorized by the
864Legislature for transfer to the Budget Stabilization Fund and
865Working Capital Fund in the General Appropriations Act.
866     b.  This subparagraph does not apply to trust funds
867required by federal programs or mandates; trust funds
868established for bond covenants, indentures, or resolutions whose
869revenues are legally pledged by the state or public body to meet
870debt service or other financial requirements of any debt
871obligations of the state or any public body; the State
872Transportation Trust Fund; the trust fund containing the net
873annual proceeds from the Florida Education Lotteries; the
874Florida Retirement System Trust Fund; trust funds under the
875management of the Board of Regents, where such trust funds are
876for auxiliary enterprises, self-insurance, and contracts,
877grants, and donations, as those terms are defined by general
878law; trust funds that serve as clearing funds or accounts for
879the Chief Financial Officer or state agencies; trust funds that
880account for assets held by the state in a trustee capacity as an
881agent or fiduciary for individuals, private organizations, or
882other governmental units; and other trust funds authorized by
883the State Constitution.
884     Section 30.  A section of this act that implements a
885specific appropriation or specifically identified proviso
886language in the 2005-2006 General Appropriations Act is void if
887the specific appropriation or specifically identified proviso
888language is vetoed. A section of this act that implements more
889than one specific appropriation or more than one portion of
890specifically identified proviso language in the 2005-2006
891General Appropriations Act is void if all the specific
892appropriations or portions of specifically identified proviso
893language are vetoed.
894     Section 31.  If any other act passed in 2005 contains a
895provision that is substantively the same as a provision in this
896act, but that removes or is otherwise not subject to the future
897repeal applied to such provision by this act, the Legislature
898intends that the provision in the other act shall take
899precedence and shall continue to operate, notwithstanding the
900future repeal provided by this act.
901     Section 32.  The agency performance measures and standards
902in the document entitled "Performance Measures and Standards
903Approved by the Legislature for Fiscal Year 2005-2006" dated
904April 4, 2005, and filed with the Clerk of the House of
905Representatives are incorporated by reference. Such performance
906measures and standards are directly linked to the appropriations
907made in the General Appropriations Act for fiscal year 2005-
9082006, as required by the Government Performance and
909Accountability Act of 1994. State agencies are directed to
910revise their long-range program plans required under s. 216.013,
911Florida Statutes, to be consistent with these performance
912measures and standards.
913     Section 33.  If any provision of this act or its
914application to any person or circumstance is held invalid, the
915invalidity does not affect other provisions or applications of
916the act which can be given effect without the invalid provision
917or application, and to this end the provisions of this act are
918severable.
919     Section 34.  Except as otherwise expressly provided in this
920act, this act shall take effect July 1, 2005; or, if this act
921fails to become a law until after that date, it shall take
922effect upon becoming a law and shall operate retroactively to
923July 1, 2005.


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

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