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Senate Bill 2602

Senate Bill sb2602

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2602

    By the Committee on Ways and Means





    23-1719C-05

  1                      A bill to be entitled

  2         An act implementing the 2005-2006 General

  3         Appropriations Act; providing legislative

  4         intent; providing for use of specified

  5         calculations with respect to the Florida

  6         Education Finance Program; providing for the

  7         budget of the Council for Education Policy

  8         Research and Improvement to be administered by

  9         the Auditor General; providing that the council

10         is otherwise independent; amending s. 216.292,

11         F.S.; authorizing the Department of Children

12         and Family Services to transfer funds within

13         the family safety program; amending s. 561.121,

14         F.S.; providing that moneys in the Children and

15         Adolescents Substance Abuse Trust Fund may also

16         be used for the purpose of funding programs

17         directed at reducing and eliminating substance

18         abuse problems among adults; amending s.

19         287.057, F.S.; authorizing the Department of

20         Children and Family Services to contract with a

21         private provider for a forensic mental health

22         treatment facility; amending s. 402.305, F.S.;

23         providing for the child care competency

24         examination to be given in Spanish; amending s.

25         402.33, F.S.; suspending authority of the

26         Department of Children and Family Services to

27         use funds in excess of fee collections;

28         authorizing the Department of Corrections and

29         the Department of Juvenile Justice to make

30         certain expenditures to defray costs incurred

31         by a municipality or county as a result of

                                  1

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         opening or operating a facility under authority

 2         of the respective department; amending s.

 3         216.262, F.S.; providing for additional

 4         positions to operate additional prison bed

 5         capacity under certain circumstances; amending

 6         s. 16.555, F.S.; authorizing use of the Crime

 7         Stoppers Trust Fund to pay for salaries and

 8         benefits and other expenses of the Department

 9         of Legal Affairs; authorizing transfer of

10         certain funds from the courts to the Justice

11         Administrative Commission to meet certain

12         shortfalls in due-process appropriations;

13         amending s. 413.4021, F.S.; requiring

14         additional revenues from the tax collection

15         enforcement diversion program to be used for

16         the personal care attendant pilot program and

17         for state attorney contracts; providing for

18         expenditure of funds from the Working Capital

19         Fund to offset deficiencies in due-process

20         services; authorizing the Department of Legal

21         Affairs to expend appropriated funds on

22         programs funded in the preceding fiscal year;

23         providing for an agreement between the

24         Department of Agriculture and Consumer Services

25         and the Department of Transportation for the

26         construction of an agricultural interdiction

27         station in Escambia County; authorizing the

28         Executive Office of the Governor to transfer

29         funds between departments for purposes of

30         aligning amounts paid for risk management

31         premiums and for purposes of aligning amounts

                                  2

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         paid for human resource management services;

 2         authorizing the Executive Office of the

 3         Governor to transfer funds between departments

 4         for purposes of aligning amounts paid for risk

 5         management premiums and for purposes of

 6         aligning amounts paid for human resource

 7         management services; amending s. 112.061, F.S.;

 8         providing for computation of travel time and

 9         reimbursement for public officers' and

10         employees' travel; directing the Department of

11         Environmental Protection to make specified

12         awards of grant moneys for pollution control

13         purposes; amending s. 375.041, F.S.; providing

14         for use of funds allocated to the Land

15         Acquisition Trust Fund for water quality

16         issues; creating s. 376.30715, F.S.; providing

17         conditions on state financial assistance in

18         restoration of contaminated petroleum storage

19         or retail sites; amending s. 287.057, F.S.;

20         revising methods of compensating on-line

21         providers of commodities and contractual

22         services; amending s. 320.08058, F.S.;

23         authorizing proceeds from the Professional

24         Sports Development Trust Fund to be used for

25         operational expenses of the Florida Sports

26         Foundation and financial support of the

27         Sunshine State Games; amending s. 445.048,

28         F.S.; requiring that Workforce Florida, Inc.,

29         expand the Passport to Economic Progress

30         demonstration program to a statewide program;

31         authorizing Workforce Florida, Inc., to

                                  3

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         designate regional workforce boards to

 2         participate in the program; deleting the

 3         provision relating to the disregarding of

 4         income for purposes of determing eligibility

 5         for cash assistance; requiring that Workforce

 6         Florida, Inc., offer incentive bonuses;

 7         providing requirements for the incentive

 8         bonuses; providing that the bonuses are not an

 9         entitlement; deleting obsolete provisions;

10         requiring Workforce Florida, Inc., to submit

11         evaluations and recommendations for the program

12         as part of its annual report to the

13         Legislature; deleting obsolete provisions;

14         amending s. 253.034, F.S.; authorizing deposit

15         of funds from the sale of property by the

16         Department of Highway Safety and Motor Vehicles

17         located in Palm Beach County; amending s.

18         402.3017, F.S.; requiring the Agency for

19         Workforce Innovation to administer Teacher

20         Education and Compensation Helps (TEACH)

21         scholarship program; amending s. 287.057, F.S.;

22         exempting certain voter education activities

23         from competitive-solicitation requirements;

24         amending s. 259.032, F.S.; providing for use of

25         certain funds for constructing replacement

26         museum facilities; amending s. 288.1045, F.S.;

27         extending the qualified defense contractor tax

28         refund program; amending s. 288.106, F.S.;

29         extending the tax refund program for qualified

30         target industry businesses; amending s.

31         290.044, F.S.; revising the amounts that may be

                                  4

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         set aside from the neighborhood revitalization

 2         category of the Small Cities Community

 3         Development Block Grant Program Fund; creating

 4         s. 311.22, F.S.; establishing a program to

 5         provide matching funds for dredging projects in

 6         eligible counties; requiring that funds

 7         appropriated under the program be used for

 8         certain projects; requiring that the Florida

 9         Seaport Transportation and Economic Development

10         Council adopt rules for evaluating the dredging

11         projects; providing for a project-review

12         process by the Department of Community Affairs,

13         the Department of Transportation, and the

14         Office of Tourism, Trade, and Economic

15         Development; amending s. 339.135, F.S.;

16         authorizing increased appropriations for

17         certain projects in the Department of

18         Transportation; creating s. 320.0846, F.S.;

19         providing for free motor vehicle license plates

20         for active members of the Florida National

21         Guard; creating s. 250.5206, F.S.; creating the

22         Family Readiness Program in the Department of

23         Military Affairs; providing purpose,

24         availability and use of funding, services,

25         eligibility, application and review; providing

26         for a report; creating the Family Readiness

27         Advisory Board and specifying membership;

28         reenacting s. 215.32(2)(b), F.S., relating to

29         the source and use of trust funds; amending s.

30         216.192, F.S.; prescribing additional

31         conditions that must be met before the release

                                  5

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         or transfer of agency funds or the transfer of

 2         positions; providing goals for implementing the

 3         Aspire project; providing factors to be

 4         considered; providing for review; providing

 5         finding of best interest of the state for

 6         authorization and issuance of certain debt;

 7         providing for future repeal or expiration of

 8         various provisions; providing for reversion of

 9         certain provisions; providing effect of veto of

10         specific appropriation or proviso to which

11         implementing language refers; incorporating by

12         reference specified performance measures and

13         standards directly linked to the appropriations

14         made in the 2005-2006 General Appropriations

15         Act, as required by the Government Performance

16         and Accountability Act of 1994; providing

17         severability; providing effective dates.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  It is the intent of the Legislature that

22  the implementing and administering provisions of this act

23  apply to the General Appropriations Act for fiscal year

24  2005-2006.

25         Section 2.  In order to implement Specific

26  Appropriations 5, 6, and 73-79 of the 2005-2006 General

27  Appropriations Act, the calculations of the Florida Education

28  Finance Program of the 2005-2006 fiscal year in the document

29  entitled "Public School Funding The Florida Education Finance

30  Program" dated March 31, 2005, and filed with the Secretary of

31  the Senate are incorporated by reference. The calculations are

                                  6

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1  the basis for the appropriations made in the General

 2  Appropriations Act for the 2005-2006 fiscal year. Prior to the

 3  distribution of any funds appropriated in the General

 4  Appropriations Act for the Florida Education Finance Program,

 5  each calculation must be consistent with these calculations

 6  and replicated precisely as required under section 1011.65,

 7  Florida Statutes.

 8         Section 3.  In order to implement Specific

 9  Appropriation 2608 of the 2005-2006 General Appropriations

10  Act, effective July 1, 2005, and notwithstanding the

11  provisions of section 1008.51, Florida Statutes, the budget

12  for the Council for Education Policy Research and Improvement

13  shall be administered by the Auditor General. However, the

14  Council for Education Policy Research and Improvement shall

15  remain independent of the Auditor General for all programmatic

16  purposes, serving as a citizen board for conducting and

17  reviewing education research, providing independent analysis

18  on education progress, and providing independent evaluation of

19  education issues of statewide concern, as prescribed in

20  section 1008.51, Florida Statutes. All work products of the

21  Council for Education Policy Research and Improvement are

22  advisory in nature. This section expires July 1, 2006.

23         Section 4.  In order to implement Specific

24  Appropriations 296, 299, and 301 of the 2005-2006 General

25  Appropriations Act, subsection (12) of section 216.292,

26  Florida Statutes, is amended to read:

27         216.292  Appropriations nontransferable; exceptions.--

28         (12)  For the 2005-2006 2004-2005 fiscal year only and

29  notwithstanding the other provisions of this section, the

30  Department of Children and Family Services may transfer funds

31  within the family safety program identified in the General

                                  7

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1  Appropriations Act from identical funding sources between the

 2  following appropriation categories without limitation as long

 3  as such a transfer does not result in an increase to the total

 4  recurring general revenue or trust fund cost of the agency in

 5  the subsequent fiscal year: adoption services and subsidy;

 6  family foster care; and emergency shelter care. Such transfers

 7  must be consistent with legislative policy and intent and must

 8  not adversely affect achievement of approved performance

 9  outcomes or outputs in the family safety program. Notice of

10  proposed transfers under this authority must be provided to

11  the Executive Office of the Governor and the chairs of the

12  legislative appropriations committees at least 5 working days

13  before their implementation. This subsection expires July 1,

14  2006 2005.

15         Section 5.  In order to implement Specific

16  Appropriation 354 of the 2005-2006 General Appropriations Act,

17  subsection (4) of section 561.121, Florida Statutes, is

18  amended to read:

19         561.121  Deposit of revenue.--

20         (4)(a)  State funds collected pursuant to s. 561.501

21  shall be paid into the State Treasury and credited to the

22  following accounts:

23         1.  Twenty-seven and two-tenths percent of the

24  surcharge on the sale of alcoholic beverages for consumption

25  on premises shall be transferred to the Children and

26  Adolescents Substance Abuse Trust Fund, which shall remain

27  with the Department of Children and Family Services for the

28  purpose of funding programs directed at reducing and

29  eliminating substance abuse problems among children and

30  adolescents.

31  

                                  8

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         2.  The remainder of collections shall be credited to

 2  the General Revenue Fund.

 3         (b)  For the 2005-2006 2004-2005 state fiscal year

 4  only, and notwithstanding the provisions of subparagraph

 5  (a)1., moneys in the Children and Adolescents Substance Abuse

 6  Trust Fund may also be used for the purpose of funding

 7  programs directed at reducing and eliminating substance abuse

 8  problems among adults. This paragraph expires July 1, 2006

 9  2005.

10         Section 6.  In order to implement Specific

11  Appropriations 316-322 and 395-404 of the 2005-2006 General

12  Appropriations Act, subsection (14) of section 287.057,

13  Florida Statutes, is amended to read:

14         287.057  Procurement of commodities or contractual

15  services.--

16         (14)(a)  Contracts for commodities or contractual

17  services may be renewed for a period that may not exceed 3

18  years or the term of the original contract, whichever period

19  is longer. Renewal of a contract for commodities or

20  contractual services shall be in writing and shall be subject

21  to the same terms and conditions set forth in the initial

22  contract. If the commodity or contractual service is purchased

23  as a result of the solicitation of bids, proposals, or

24  replies, the price of the commodity or contractual service to

25  be renewed shall be specified in the bid, proposal, or reply.

26  A renewal contract may not include any compensation for costs

27  associated with the renewal. Renewals shall be contingent upon

28  satisfactory performance evaluations by the agency and subject

29  to the availability of funds. Exceptional purchase contracts

30  pursuant to paragraphs (5)(a) and (c) may not be renewed.

31  

                                  9

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    Florida Senate - 2005                                  SB 2602
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 1         (b)  Notwithstanding paragraph (a), the Department of

 2  Children and Family Services may enter into agreements, not to

 3  exceed 20 years, with a private provider to finance, design,

 4  and construct a forensic treatment facility, as defined in s.

 5  916.106(8) s. 394.455, of at least 200 beds and to operate all

 6  aspects of daily operations within the forensic treatment

 7  facility. The selected contractor is authorized to sponsor the

 8  issuance of tax-exempt certificates of participation or other

 9  securities to finance the project, and the state is authorized

10  to enter into a lease-purchase agreement for the forensic

11  treatment facility. The Department of Children and Family

12  Services shall begin the implementation of this privatization

13  initiative by January 1, 2005. This paragraph expires July 1,

14  2006 2005.

15         (c)  Notwithstanding paragraph (a), the Department of

16  Children and Family Services may enter into agreements, not to

17  exceed 20 years, with a private provider to finance, design,

18  and construct a secure facility, as described in s. 394.917,

19  of at least 600 beds and to operate all aspects of daily

20  operations within the secure facility. The selected contractor

21  is authorized to sponsor the issuance of tax-exempt

22  certificates of participation or other securities to finance

23  the project, and the state is authorized to enter into a

24  lease-purchase agreement for the treatment facility. The

25  Department of Children and Family Services shall begin the

26  implementation of this privatization initiative by July 2005.

27  This paragraph expires July 1, 2006.

28         Section 7.  In order to implement Specific

29  Appropriation 272 of the 2005-2006 General Appropriations Act,

30  paragraph (g) of subsection (2) of section 402.305, Florida

31  Statutes, is amended to read:

                                  10

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    Florida Senate - 2005                                  SB 2602
    23-1719C-05




 1         402.305  Licensing standards; child care facilities.--

 2         (2)  PERSONNEL.--Minimum standards for child care

 3  personnel shall include minimum requirements as to:

 4         (g)  The Department of Children and Family Services

 5  shall provide at least one Child Care Competency Exam in

 6  Spanish during the 2005-2006 2004-2005 fiscal year. This

 7  paragraph expires July 1, 2006 2005.

 8         Section 8.  In order to implement Specific

 9  Appropriations 238-404 of the 2005-2006 General Appropriations

10  Act, subsection (10) of section 402.33, Florida Statutes, is

11  amended to read:

12         402.33  Department authority to charge fees for

13  services provided.--

14         (10)(a)  Unless otherwise specified by the Legislature,

15  fee collections, including third-party reimbursements, in

16  excess of fee-supported appropriations may be used in

17  conformance with the provisions of chapter 216 to fund

18  nonrecurring expenditures for direct client services and to

19  fund administrative costs of improving the fee collection

20  program of the department. No more than one-sixth of the

21  amount of collections in excess of the amount of

22  appropriations may be used to fund such improvements to the

23  program. Priority consideration for the expenditure of excess

24  collections shall be given to those districts and programs

25  most responsible for the excess. A plan for the use of excess

26  collections not spent in the fiscal year in which collected

27  shall be subject to approval by the Executive Office of the

28  Governor within 90 days from the end of the state fiscal year

29  in which the excess occurs.

30  

31  

                                  11

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    Florida Senate - 2005                                  SB 2602
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 1         (b)  For the 2005-2006 2004-2005 fiscal year only, the

 2  provisions of paragraph (a) shall not apply. This paragraph

 3  expires July 1, 2006 2005.

 4         Section 9.  In order to fulfill legislative intent

 5  regarding the use of funds contained in Specific

 6  Appropriations 676, 688, 698, and 1136 of the 2005-2006

 7  General Appropriations Act, the Department of Corrections and

 8  the Department of Juvenile Justice may expend appropriated

 9  funds to assist in defraying the costs of impacts that are

10  incurred by a municipality or county and associated with

11  opening or operating a facility under the authority of the

12  respective department which is located within that

13  municipality or county. The amount that is to be paid under

14  this section for any facility may not exceed 1 percent of the

15  facility construction cost, less building impact fees imposed

16  by the municipality or by the county if the facility is

17  located in the unincorporated portion of the county. This

18  section expires July 1, 2006.

19         Section 10.  In order to implement Specific

20  Appropriations 666-761 and 797-811 of the 2005-2006 General

21  Appropriations Act, subsection (4) of section 216.262, Florida

22  Statutes, is amended to read:

23         216.262  Authorized positions.--

24         (4)  Notwithstanding the provisions of this chapter on

25  increasing the number of authorized positions, and for the

26  2005-2006 2004-2005 fiscal year only, if the actual inmate

27  population of the Department of Corrections exceeds the inmate

28  population projections of the February 14, 2005 February 16,

29  2004, Criminal Justice Estimating Conference by 1 percent for

30  2 consecutive months or 2 percent for any month, the Executive

31  Office of the Governor, with the approval of the Legislative

                                  12

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    Florida Senate - 2005                                  SB 2602
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 1  Budget Commission, shall immediately notify the Criminal

 2  Justice Estimating Conference, which shall convene as soon as

 3  possible to revise the estimates. The Department of

 4  Corrections may then submit a budget amendment requesting the

 5  establishment of positions in excess of the number authorized

 6  by the Legislature and additional appropriations from the

 7  General Revenue Fund or the Working Capital Fund sufficient to

 8  provide for essential staff, fixed capital improvements, and

 9  other resources to provide classification, security, food

10  services, health services, and other variable expenses within

11  the institutions to accommodate the estimated increase in the

12  inmate population. All actions taken pursuant to the authority

13  granted in this subsection shall be subject to review and

14  approval by the Legislative Budget Commission. This subsection

15  expires July 1, 2006 2005.

16         Section 11.  In order to implement Specific

17  Appropriation 1263 of the 2005-2006 General Appropriations

18  Act, paragraph (b) of subsection (3) of section 16.555,

19  Florida Statutes, is amended to read:

20         16.555  Crime Stoppers Trust Fund; rulemaking.--

21         (3)

22         (b)  For the 2005-2006 2004-2005 state fiscal year

23  only, and notwithstanding any provision of this section to the

24  contrary, moneys in the trust fund may also be used to pay for

25  salaries and benefits and other expenses of the department.

26  This paragraph expires July 1, 2006 2005.

27         Section 12.  In order to implement Specific

28  Appropriations 842 and 2999 of the 2005-2006 General

29  Appropriations Act, and pursuant to the notice, review, and

30  objection procedures of section 216.177, Florida Statutes,

31  funds in Specific Appropriation 2999 of the 2005-2006 General

                                  13

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    Florida Senate - 2005                                  SB 2602
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 1  Appropriations Act may be transferred from the courts to the

 2  Justice Administrative Commission in order to address

 3  unanticipated shortfalls in due process services

 4  appropriations in excess of the contingency fund provided in

 5  Specific Appropriation 842 of the 2005-2006 General

 6  Appropriations Act. This section expires July 1, 2006.

 7         Section 13.  In order to implement Specific

 8  Appropriations 866, 867, 901, 903, 911, 913, 921, 931, and 933

 9  of the 2005-2006 General Appropriations Act, subsection (4) of

10  section 413.4021, Florida Statutes, is amended to read:

11         413.4021  Pilot program participant county selection;

12  tax collection enforcement diversion program.--The Department

13  of Revenue, in coordination with the Florida Association of

14  Centers for Independent Living and the Florida Prosecuting

15  Attorneys Association, shall select four counties in which to

16  operate the pilot program. The association and the state

17  attorneys' offices in Duval County and the four pilot program

18  counties shall develop and implement a tax collection

19  enforcement diversion program, which shall collect revenue due

20  from persons who have not remitted their collected sales tax.

21  The criteria for referral to the tax collection enforcement

22  diversion program shall be determined cooperatively between

23  the state attorneys' offices in those counties and the

24  Department of Revenue.

25         (4)  For the 2005-2006 2004-2005 fiscal year only and

26  notwithstanding the provisions of subsection (1), 50 percent

27  of the revenues collected from the tax collection enforcement

28  diversion program shall be deposited into the operating

29  account of the Florida Endowment Foundation for Vocational

30  Rehabilitation, to be used to implement the personal care

31  attendant pilot program and to contract with the state

                                  14

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    Florida Senate - 2005                                  SB 2602
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 1  attorneys participating in the tax collection enforcement

 2  diversion program in an amount of not more than $50,000 for

 3  each state attorney. This subsection expires July 1, 2006

 4  2005.

 5         Section 14.  In order to implement Specific

 6  Appropriations 836, 837, 839, 840, and 3020 of the 2005-2006

 7  General Appropriations Act, if a deficit is projected by the

 8  Justice Administrative Commission or the state courts in any

 9  specific appropriation provided for due process services, the

10  Governor or the Chief Justice of the Supreme Court,

11  respectively, may submit a budget amendment for consideration

12  by the Legislative Budget Commission to authorize the

13  expenditure of funds from the Working Capital Fund to offset

14  such deficiency. Any budget amendment submitted by the

15  Governor to the Legislative Budget Commission shall contain

16  certification by the Justice Administrative Commission that

17  all actions required by section 29.015, Florida Statutes, have

18  been completed and that no funds exist in any contingency fund

19  appropriation available to the entity projected to experience

20  the deficiency. Any budget amendment submitted by the Supreme

21  Court shall contain certification that the court has completed

22  all actions required by section 29.016, Florida Statutes, and

23  that no funds exist in any contingency fund available to the

24  state courts system. This section expires July 1, 2006.

25         Section 15.  In order to implement Specific

26  Appropriations 1274 and 1277 of the 2005-2006 General

27  Appropriations Act, the Department of Legal Affairs is

28  authorized to expend appropriated funds in Specific

29  Appropriations 1274 and 1277 on the same programs that were

30  funded by the department under Specific Appropriation 1247 in

31  the 2004-2005 General Appropriations Act.

                                  15

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    Florida Senate - 2005                                  SB 2602
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 1         Section 16.  In order to implement Specific

 2  Appropriations 1442 and 1444 of the 2005-2006 General

 3  Appropriations Act and notwithstanding any provision of

 4  chapter 287 or chapter 337, Florida Statutes, from the funds

 5  appropriated to the Department of Agriculture and Consumer

 6  Services for the 2002-2003, 2003-2004, 2004-2005, and

 7  2005-2006 fiscal years for the purpose of constructing and

 8  operating an agricultural interdiction station on Interstate

 9  10 in Escambia County, the Department of Agriculture and

10  Consumer Services shall enter into an agreement with the

11  Department of Transportation wherein the Department of

12  Transportation, on behalf of the Department of Agriculture and

13  Consumer Services, shall proceed with the construction of the

14  station under the authority established in chapter 337,

15  Florida Statutes. The Department of Agriculture and Consumer

16  Services shall be authorized to execute all contracts

17  resulting from such Department of Transportation selection of

18  contractors in compliance with chapter 337, Florida Statutes.

19  This section expires July 1, 2006.

20         Section 17.  In order to implement the appropriation of

21  funds in Special Categories-Risk Management Insurance of the

22  2005-2006 General Appropriations Act, and pursuant to the

23  notice, review, and objection procedures of section 216.177,

24  Florida Statutes, the Executive Office of the Governor is

25  authorized to transfer funds appropriated in the appropriation

26  category "Special Categories-Risk Management Insurance" of the

27  2005-2006 General Appropriations Act between departments in

28  order to align the budget authority granted with the premiums

29  paid by each department for risk management insurance. This

30  section expires July 1, 2006.

31  

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 1         Section 18.  In order to implement the appropriation of

 2  funds in Special Categories-Transfer to Department of

 3  Management Services-Human Resources Services Purchased Per

 4  Statewide Contract of the 2005-2006 General Appropriations

 5  Act, and pursuant to the notice, review, and objection

 6  procedures of section 216.177, Florida Statutes, the Executive

 7  Office of the Governor is authorized to transfer funds

 8  appropriated in the appropriation category "Special

 9  Categories-Transfer to Department of Management Services-Human

10  Resources Services Purchased Per Statewide Contract" of the

11  2005-2006 General Appropriations Act between departments in

12  order to align the budget authority granted with the

13  assessments that must be paid by each agency to the Department

14  of Management Services for human resource management services.

15  This section expires July 1, 2006.

16         Section 19.  In order to implement sections 2-7 of the

17  2005-2006 General Appropriations Act, paragraph (c) of

18  subsection (5) and paragraph (d) of subsection (6) of section

19  112.061, Florida Statutes, are amended to read:

20         112.061  Per diem and travel expenses of public

21  officers, employees, and authorized persons.--

22         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

23  purposes of reimbursement and methods of calculating

24  fractional days of travel, the following principles are

25  prescribed:

26         (c)  For the 2005-2006 2004-2005 fiscal year only and

27  notwithstanding the other provisions of this subsection, for

28  Class C travel, a state traveler shall not be reimbursed on a

29  per diem basis nor shall a traveler receive subsistence

30  allowance. This paragraph expires July 1, 2006 2005.

31  

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 1         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

 2  purposes of reimbursement rates and methods of calculation,

 3  per diem and subsistence allowances are divided into the

 4  following groups and rates:

 5         (d)  For the 2005-2006 2004-2005 fiscal year only and

 6  notwithstanding the other provisions of this subsection, for

 7  Class C travel, a state traveler shall not be reimbursed on a

 8  per diem basis nor shall a traveler receive subsistence

 9  allowance. This paragraph expires July 1, 2006 2005.

10         Section 20.  Notwithstanding section 403.7095, Florida

11  Statutes, in order to implement Specific Appropriation 1761 of

12  the 2005-2006 General Appropriations Act, the Department of

13  Environmental Protection shall award:

14         (1)  $6,500,000 in grants equally to counties with

15  populations of fewer than 100,000 for waste tire, litter

16  prevention, recycling and education, and general solid waste

17  programs.

18         (2)  $1,242,168 in competitive innovative grants to

19  cities and counties on the prioritized list of projects

20  submitted by the Department of Environmental Protection to the

21  Legislature.

22  

23  This section expires July 1, 2006.

24         Section 21.  In order to implement Specific

25  Appropriation 1703 of the 2005-2006 General Appropriations

26  Act, subsection (6) of section 375.041, Florida Statutes, is

27  amended to read:

28         375.041  Land Acquisition Trust Fund.--

29         (6)  For the 2005-2006 2004-2005 fiscal year only,

30  funds allocated to the Land Acquisition Trust Fund may also be

31  

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 1  appropriated for water quality issues in the General

 2  Appropriations Act. This subsection expires July 1, 2006 2005.

 3         Section 22.  In order to implement Specific

 4  Appropriation 1742 of the 2005-2006 General Appropriations

 5  Act, section 376.30715, Florida Statutes, is created to read:

 6         376.30715  Innocent victim petroleum storage system

 7  restoration.--A contaminated site acquired prior to July 1,

 8  1990, which ceased operating as a petroleum storage or retail

 9  business prior to January 1, 1985, is eligible for financial

10  assistance pursuant to s. 376.305(6), notwithstanding s.

11  376.305(6)(a). Eligible sites shall be ranked in accordance

12  with s. 376.3071(5). This section expires July 1, 2006.

13         Section 23.  In order to implement Specific

14  Appropriation 2683A of the 2005-2006 General Appropriations

15  Act, paragraph (c) of subsection (23) of section 287.057,

16  Florida Statutes, is amended to read:

17         287.057  Procurement of commodities or contractual

18  services.--

19         (23)

20         (c)1.  The department may impose and shall collect all

21  fees for the use of the on-line procurement systems. Such The

22  fees may be imposed on an individual transaction basis or as a

23  fixed percentage of the cost savings generated. At a minimum,

24  the fees must be set in an amount sufficient to cover the

25  projected costs of such services, including administrative and

26  project service costs in accordance with the policies of the

27  department. All fees and surcharges collected under this

28  paragraph shall be deposited in the Grants and Donations Trust

29  Fund as provided by law.

30         2.  If the department contracts with a provider for

31  on-line procurement, the department, pursuant to

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 1  appropriation, shall compensate the provider from such fees

 2  after the department has satisfied all ongoing costs. The

 3  provider shall report transaction data to the department each

 4  month so that the department may determine the amount due and

 5  payable to the department from each vendor.

 6         3.  All fees that are due and payable to the state on a

 7  transactional basis or as a fixed percentage of the cost

 8  savings generated are subject to s. 215.31 and must be

 9  remitted within 40 days after receipt of payment for which

10  such fees are due. For any fees that are not remitted within

11  40 days, the vendor shall pay interest at the rate established

12  under s. 55.03(1) on the unpaid balance from the expiration of

13  the 40-day period until the fees are remitted. For the

14  purposes of compensating the provider, the department may

15  authorize the provider to collect and retain a portion of the

16  fees. The providers may withhold the portion retained from the

17  amount of fees to be remitted to the department. The

18  department may negotiate the retainage as a percentage of such

19  fees charged to users, as a flat amount, or as any other

20  method the department deems feasible. All fees and surcharges

21  collected under this paragraph shall be deposited in the

22  Grants and Donation Trust Fund as provided by law.

23         Section 24.  The amendment of section 287.057, Florida

24  Statutes, by this act shall expire on July 1, 2006, and the

25  text of that section shall revert to that in existence on June

26  30, 2005, except that any amendments to such text enacted

27  other than by this act shall be preserved and continue to

28  operate to the extent that such amendments are not dependent

29  upon the portions of such text which expire pursuant to this

30  act.

31  

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 1         Section 25.  In order to implement Specific

 2  Appropriation 2501 of the 2005-2006 General Appropriations

 3  Act, paragraph (b) of subsection (9) of section 320.08058,

 4  Florida Statutes, is amended to read:

 5         320.08058  Specialty license plates.--

 6         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

 7         (b)  The license plate annual use fees are to be

 8  annually distributed as follows:

 9         1.  Fifty-five percent of the proceeds from the Florida

10  Professional Sports Team plate must be deposited into the

11  Professional Sports Development Trust Fund within the Office

12  of Tourism, Trade, and Economic Development. These funds must

13  be used solely to attract and support major sports events in

14  this state. As used in this subparagraph, the term "major

15  sports events" means, but is not limited to, championship or

16  all-star contests of Major League Baseball, the National

17  Basketball Association, the National Football League, the

18  National Hockey League, the men's and women's National

19  Collegiate Athletic Association Final Four basketball

20  championship, or a horseracing or dogracing Breeders' Cup. All

21  funds must be used to support and promote major sporting

22  events, and the uses must be approved by the Florida Sports

23  Foundation.

24         2.  The remaining proceeds of the Florida Professional

25  Sports Team license plate must be allocated to the Florida

26  Sports Foundation, a direct-support organization of the Office

27  of Tourism, Trade, and Economic Development. These funds must

28  be deposited into the Professional Sports Development Trust

29  Fund within the Office of Tourism, Trade, and Economic

30  Development. These funds must be used by the Florida Sports

31  Foundation to promote the economic development of the sports

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 1  industry; to distribute licensing and royalty fees to

 2  participating professional sports teams; to promote education

 3  programs in Florida schools that provide an awareness of the

 4  benefits of physical activity and nutrition standards; to

 5  partner with the Department of Education and the Department of

 6  Health to develop a program that recognizes schools whose

 7  students demonstrate excellent physical fitness or fitness

 8  improvement; to institute a grant program for communities

 9  bidding on minor sporting events that create an economic

10  impact for the state; to distribute funds to Florida-based

11  charities designated by the Florida Sports Foundation and the

12  participating professional sports teams; and to fulfill the

13  sports promotion responsibilities of the Office of Tourism,

14  Trade, and Economic Development.

15         3.  The Florida Sports Foundation shall provide an

16  annual financial audit in accordance with s. 215.981 of its

17  financial accounts and records by an independent certified

18  public accountant pursuant to the contract established by the

19  Office of Tourism, Trade, and Economic Development as

20  specified in s. 288.1229(5). The auditor shall submit the

21  audit report to the Office of Tourism, Trade, and Economic

22  Development for review and approval. If the audit report is

23  approved, the office shall certify the audit report to the

24  Auditor General for review.

25         4.  For the 2005-2006 2004-2005 fiscal year only and

26  notwithstanding the provisions of subparagraphs 1. and 2.,

27  proceeds from the Professional Sports Development Trust Fund

28  may also be used for operational expenses of the Florida

29  Sports Foundation and financial support of the Sunshine State

30  Games. This subparagraph expires July 1, 2006 2005.

31  

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 1         Section 26.  In order to implement Specific

 2  Appropriation 2121 of the 2005-2006 General Appropriations

 3  Act, section 445.048, Florida Statutes, as amended by section

 4  53 of chapter 2004-269, Laws of Florida, is amended to read:

 5         445.048  Passport to Economic Progress demonstration

 6  program.--

 7         (1)  AUTHORIZATION.--Notwithstanding any law to the

 8  contrary, Workforce Florida, Inc., in conjunction with the

 9  Department of Children and Family Services and the Agency for

10  Workforce Innovation, shall implement a Passport to Economic

11  Progress demonstration program by November 1, 2001, consistent

12  with the provisions of this section in Hillsborough and

13  Manatee counties. Workforce Florida, Inc., may designate

14  regional workforce boards to participate in the program.

15  Expenses for the program may come from appropriated revenues

16  or from funds otherwise available to a regional workforce

17  board which may be legally used for such purposes. Workforce

18  Florida, Inc., must consult with the applicable regional

19  workforce boards and the applicable local offices of the

20  Department of Children and Family Services which serve the

21  demonstration areas and must encourage community input into

22  the implementation process.

23         (2)  WAIVERS.--If Workforce Florida, Inc., in

24  consultation with the Department of Children and Family

25  Services, finds that federal waivers would facilitate

26  implementation of the demonstration program, the department

27  shall immediately request such waivers, and Workforce Florida,

28  Inc., shall report to the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives if any

30  refusal of the federal government to grant such waivers

31  prevents the implementation of the demonstration program. If

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 1  Workforce Florida, Inc., finds that federal waivers to

 2  provisions of the Food Stamp Program would facilitate

 3  implementation of the demonstration program, the Department of

 4  Children and Family Services shall immediately request such

 5  waivers in accordance with s. 414.175.

 6         (3)  INCOME DISREGARD.--In order to provide an

 7  additional incentive for employment, and notwithstanding the

 8  amount specified in s. 414.095(12), for individuals residing

 9  in the areas designated for this demonstration program, the

10  first $300 plus one-half of the remainder of earned income

11  shall be disregarded in determining eligibility for temporary

12  cash assistance. All other conditions and requirements of s.

13  414.095(12) shall continue to apply to such individuals.

14         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

15  to assist them in making the transition to economic

16  self-sufficiency, former recipients of temporary cash

17  assistance residing within the areas designated for this

18  demonstration program shall be eligible for the following

19  benefits and services:

20         (a)  Notwithstanding the time period specified in s.

21  445.030, transitional education and training support services

22  as specified in s. 445.030 for up to 4 years after the family

23  is no longer receiving temporary cash assistance;

24         (b)  Notwithstanding the time period specified in s.

25  445.031, transitional transportation support services as

26  specified in s. 445.031 for up to 4 years after the family is

27  no longer receiving temporary cash assistance; and

28         (c)  Notwithstanding the time period specified in s.

29  445.032, transitional child care as specified in s. 445.032

30  for up to 4 years after the family is no longer receiving

31  temporary cash assistance.

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 1  

 2  All other provisions of ss. 445.030, 445.031, and 445.032

 3  shall apply to such individuals, as appropriate. This

 4  subsection does not constitute an entitlement to transitional

 5  benefits and services. If funds are insufficient to provide

 6  benefits and services under this subsection, the board of

 7  directors of Workforce Florida, Inc., or its agent, may limit

 8  such benefits and services or otherwise establish priorities

 9  for the provisions of such benefits and services.

10         (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE

11  SUPPLEMENTATION.--

12         (a)  The Legislature finds that:

13         1.  There are former recipients of temporary cash

14  assistance who are working full time but whose incomes are

15  below the federal poverty level.

16         2.  Having incomes below the federal poverty level

17  makes such individuals particularly vulnerable to reliance on

18  public assistance despite their best efforts to achieve or

19  maintain economic independence through employment.

20         3.  It is necessary to implement a performance-based

21  program that defines economic incentives for achieving

22  specific benchmarks toward self-sufficiency while the

23  individual is working full-time supplement the wages of such

24  individuals for a limited period of time in order to assist

25  them in fulfilling the transition to economic

26  self-sufficiency.

27         (b)  Workforce Florida, Inc., in cooperation with the

28  Department of Children and Family Services and the Agency for

29  Workforce Innovation, shall offer performance-based incentive

30  bonuses create a transitional wage supplementation program by

31  November 1, 2001, as a component of the Passport to Economic

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 1  Progress demonstration program in the areas designated for the

 2  demonstration program. This wage supplementation program does

 3  not constitute an entitlement to wage supplementation. The

 4  bonuses do not represent a program entitlement and shall be

 5  contingent on achieving specific benchmarks prescribed in the

 6  self-sufficiency plan. If the funds appropriated for this

 7  purpose are insufficient to provide this financial incentive

 8  wage supplementation, the board of directors of Workforce

 9  Florida, Inc., may reduce or suspend the bonuses in order not

10  to exceed the appropriation or may direct the regional boards

11  to use resources otherwise given to the regional workforce to

12  pay such bonuses if such payments comply with applicable state

13  and federal laws limit wage supplementation or otherwise

14  establish priorities for wage supplementation.

15         (c)  To be eligible for an incentive bonus wage

16  supplementation under this subsection, an individual must:

17         1.  Be a former recipient of temporary cash assistance

18  who last received such assistance on or after January 1, 2000;

19         2.  Be employed full time, which for the purposes of

20  this subsection means employment averaging at least 32 hours

21  per week, until the United States Congress enacts legislation

22  reauthorizing the Temporary Assistance for Needy Families

23  block grant and, after the reauthorization, means employment

24  complying with the employment requirements of the

25  reauthorization; and

26         3.  Have an average family income for the 6 months

27  preceding the date of application for an incentive bonus wage

28  supplementation which is less than 200 100 percent of the

29  federal poverty level.

30         (d)  Workforce Florida, Inc., shall determine the

31  schedule for the payment of wage supplementation under this

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 1  subsection. An individual eligible for wage supplementation

 2  under this subsection may receive a payment that equals the

 3  amount necessary to bring the individual's total family income

 4  for the period covered by the payment to 100 percent of the

 5  federal poverty level. An individual may not receive wage

 6  supplementation payments for more than a total of 12 months.

 7         (e)  The wage supplementation program authorized by

 8  this subsection shall be administered through the regional

 9  workforce boards and the one-stop delivery system, under

10  policy guidelines, criteria, and applications developed by

11  Workforce Florida, Inc., in cooperation with the Department of

12  Children and Family Services and the Agency for Workforce

13  Innovation. To the maximum extent possible, the regional

14  workforce boards shall use electronic debit card technologies

15  to provide wage supplementation payments under this program.

16         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

17  Florida, Inc., in conjunction with the Department of Children

18  and Family Services, the Agency for Workforce Innovation, and

19  the regional workforce boards in the areas designated for this

20  demonstration program, shall conduct a comprehensive

21  evaluation of the effectiveness of the demonstration program

22  operated under this section. Evaluations and recommendations

23  for the program shall be submitted by Workforce Florida, Inc.,

24  as part of its annual report to the Legislature. By January 1,

25  2003, Workforce Florida, Inc., shall submit a report on such

26  evaluation to the Governor, the President of the Senate, and

27  the Speaker of the House of Representatives. The report must

28  include recommendations as to whether the demonstration

29  program should be expanded to other service areas or statewide

30  and whether the program should be revised to enhance its

31  administration or effectiveness.

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 1         (6)(7)  CONFLICTS.--If there is a conflict between the

 2  implementation procedures described in this section and

 3  federal requirements and regulations, federal requirements and

 4  regulations shall control.

 5         Section 27.  The amendment of section 445.048, Florida

 6  Statutes, by this act shall expire on July 1, 2006, and the

 7  text of that section shall revert to that in existence on June

 8  30, 2003, except that any amendments to such text enacted

 9  other than by this act shall be preserved and continue to

10  operate to the extent that such amendments are not dependent

11  upon the portions of such text which expire pursuant to the

12  provisions of this act.

13         Section 28.  In order to implement section 25 of the

14  2005-2006 General Appropriations Act, subsection (13) of

15  section 253.034, Florida Statutes, is amended to read:

16         253.034  State-owned lands; uses.--

17         (13)  Notwithstanding the provisions of this section,

18  funds from the sale of property by the Department of Highway

19  Safety and Motor Vehicles located in Palm Beach County and

20  Orange Counties are authorized to be deposited into the

21  Highway Safety Operating Trust Fund to facilitate the exchange

22  as provided in the General Appropriations Act, provided that

23  at the conclusion of both exchanges the values are equalized.

24  This subsection expires July 1, 2006 2005.

25         Section 29.  In order to implement proviso language in

26  Specific Appropriation 2162F of the 2005-2006 General

27  Appropriations Act, section 402.3017, Florida Statutes, is

28  amended to read:

29         402.3017  Teacher Education and Compensation Helps

30  (TEACH) scholarship program.--

31  

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 1         (1)  The Legislature finds that the level of early

 2  child care teacher education and training is a key predictor

 3  for determining program quality. The Legislature also finds

 4  that low wages for child care workers prevent many from

 5  obtaining increased training and education and contribute to

 6  high turnover rates.  The Legislature therefore intends to

 7  help fund a program which links teacher training and education

 8  to compensation and commitment to the field of early childhood

 9  education.

10         (2)  The Department of Children and Family Services is

11  authorized to contract for the administration of the Teacher

12  Education and Compensation Helps (TEACH) scholarship program,

13  which provides educational scholarships to caregivers and

14  administrators of early childhood programs, family day care

15  homes, and large family child care homes.

16         (3)  The department shall adopt rules as necessary to

17  implement this section.

18         (4)  For the 2005-2006 2004-2005 fiscal year only, the

19  Agency for Workforce Innovation shall administer this section.

20  This subsection expires July 1, 2006 2005.

21         Section 30.  In order to implement Specific

22  Appropriation 2930 of the 2005-2006 General Appropriations

23  Act, paragraph (f) of subsection (5) of section 287.057,

24  Florida Statutes, is amended to read:

25         287.057  Procurement of commodities or contractual

26  services.--

27         (5)  When the purchase price of commodities or

28  contractual services exceeds the threshold amount provided in

29  s. 287.017 for CATEGORY TWO, no purchase of commodities or

30  contractual services may be made without receiving competitive

31  

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 1  sealed bids, competitive sealed proposals, or competitive

 2  sealed replies unless:

 3         (f)  The following contractual services and commodities

 4  are not subject to the competitive-solicitation requirements

 5  of this section:

 6         1.  Artistic services.

 7         2.  Academic program reviews.

 8         3.  Lectures by individuals.

 9         4.  Auditing services.

10         5.  Legal services, including attorney, paralegal,

11  expert witness, appraisal, or mediator services.

12         6.  Health services involving examination, diagnosis,

13  treatment, prevention, medical consultation, or

14  administration.

15         7.  Services provided to persons with mental or

16  physical disabilities by not-for-profit corporations which

17  have obtained exemptions under the provisions of s. 501(c)(3)

18  of the United States Internal Revenue Code or when such

19  services are governed by the provisions of Office of

20  Management and Budget Circular A-122. However, in acquiring

21  such services, the agency shall consider the ability of the

22  vendor, past performance, willingness to meet time

23  requirements, and price.

24         8.  Medicaid services delivered to an eligible Medicaid

25  recipient by a health care provider who has not previously

26  applied for and received a Medicaid provider number from the

27  Agency for Health Care Administration. However, this exception

28  shall be valid for a period not to exceed 90 days after the

29  date of delivery to the Medicaid recipient and shall not be

30  renewed by the agency.

31         9.  Family placement services.

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 1         10.  Prevention services related to mental health,

 2  including drug abuse prevention programs, child abuse

 3  prevention programs, and shelters for runaways, operated by

 4  not-for-profit corporations. However, in acquiring such

 5  services, the agency shall consider the ability of the vendor,

 6  past performance, willingness to meet time requirements, and

 7  price.

 8         11.  Training and education services provided to

 9  injured employees pursuant to s. 440.491(6).

10         12.  Contracts entered into pursuant to s. 337.11.

11         13.  Services or commodities provided by governmental

12  agencies.

13         14.  Voter education activities of the Department of

14  State or the supervisors of elections funded by Specific

15  Appropriation 2930 2871H of the 2005-2006 2004-2005 General

16  Appropriations Act, either individually or in the aggregate or

17  with their respective professional associations. This

18  subparagraph expires July 1, 2006 2005.

19         Section 31.  In order to implement Specific

20  Appropriation 2982C of the 2005-2006 General Appropriations

21  Act, paragraph (g) is added to subsection (11) of section

22  259.032, Florida Statutes, to read:

23         259.032  Conservation and Recreation Lands Trust Fund;

24  purpose.--

25         (11)

26         (g)  In addition to the purposes specified in paragraph

27  (b), funds from the 1.5 percent of the cumulative total of

28  funds ever deposited into the Florida Preservation 2000 Trust

29  Fund and the Florida Forever Trust Fund may be appropriated

30  for the 2005-2006 fiscal year for the construction of

31  

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 1  replacement museum facilities. This paragraph expires July 1,

 2  2006.

 3         Section 32.  In order to implement Specific

 4  Appropriation 2495 of the 2005-2006 General Appropriations

 5  Act, subsection (7) of section 288.1045, Florida Statutes, is

 6  amended to read:

 7         288.1045  Qualified defense contractor tax refund

 8  program.--

 9         (7)  EXPIRATION.--An applicant may not be certified as

10  qualified under this section after June 30, 2006 2005.

11         Section 33.  Effective June 30, 2005, in order to

12  implement Specific Appropriation 2495 of the 2005-2006 General

13  Appropriations Act, subsection (7) of section 288.106, Florida

14  Statutes, is amended to read:

15         288.106  Tax refund program for qualified target

16  industry businesses.--

17         (7)  EXPIRATION.--This section expires July 1, 2006

18  June 30, 2005.

19         Section 34.  In order to implement Specific

20  Appropriation 1544 of the 2005-2006 General Appropriations

21  Act, subsection (4) of section 290.044, Florida Statutes, is

22  amended to read:

23         290.044  Florida Small Cities Community Development

24  Block Grant Program Fund; administration; distribution.--

25         (4)  The percentage of funds distributed in each of the

26  grant program categories from federal funds for federal fiscal

27  year 1985 shall be established by the Legislature in the

28  appropriation process for the 1984 regular session and shall

29  be established annually thereafter in the same manner.  The

30  department shall submit its recommendation on the distribution

31  percentages to the Governor and Legislature as part of its

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 1  regular budget proposals. The department may set aside shall

 2  provide for the set-aside of an amount of up to 5 10 percent

 3  of the funds allocated to the neighborhood revitalization

 4  category in its distribution percentages for use in any

 5  eligible local government jurisdiction for which an emergency

 6  or natural disaster has been declared by executive order.

 7  Such funds may only be provided to a local government to fund

 8  eligible emergency-related activities for which no other

 9  source of federal, state, or local disaster funds is

10  available.  The department shall provide for such set-aside by

11  rule.  In the last quarter of the state fiscal year, any funds

12  not allocated under the emergency-related set-aside shall be

13  used to fully fund any applications which were partially

14  funded due to inadequate funds in the most recently completed

15  neighborhood revitalization category funding cycle, and then

16  any remaining funds shall be distributed to the next unfunded

17  applications.

18         Section 35.  The amendment of section 290.044, Florida

19  Statutes, by this act shall expire on July 1, 2006, and the

20  text of that section shall revert to that in existence on June

21  30, 2005, except that any amendments to such text enacted

22  other than by this act shall be preserved and continue to

23  operate to the extent that such amendments are not dependent

24  upon the portions of such text which expire pursuant to the

25  provisions of this act.

26         Section 36.  In order to implement Specific

27  Appropriation 1993 of the 2005-2006 General Appropriations

28  Act, section 311.22, Florida Statutes, is created to read:

29         311.22  Additional authorization for funding certain

30  dredging projects.--

31  

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 1         (1)  The Florida Seaport Transportation and Economic

 2  Development Council shall establish a program to fund dredging

 3  projects in counties having a population of fewer than 300,000

 4  according to the last official census. Funds made available

 5  under this program may be used to fund approved projects for

 6  the dredging or deepening of channels, turning basins, or

 7  harbors on a 50-50 matching basis with any port authority, as

 8  such term is defined in s. 315.02(2), which complies with the

 9  water quality provisions of s. 403.061 and the local financial

10  management and reporting provisions of part III of chapter

11  218.

12         (2)  The council shall adopt rules for evaluating the

13  projects that may be funded pursuant to this section. The

14  rules must provide criteria for evaluating the economic

15  benefit of the project. The rules must include the creation of

16  an administrative review process by the council which is

17  similar to the process contained in ss. 311.09(5)-(12), and

18  provide for a review by the Department of Community Affairs,

19  the Department of Transportation, and the Office of Tourism,

20  Trade, and Economic Development of all projects submitted for

21  funding under this section.

22         (3)  This section expires July 1, 2006.

23         Section 37.  In order to implement Specific

24  Appropriations 1989-2003, 2017-2019, 2021-2038, and 2074-2084

25  of the 2005-2006 General Appropriations Act, subsection (8) is

26  added to section 339.135, Florida Statutes, to read:

27         339.135  Work program; legislative budget request;

28  definitions; preparation, adoption, execution, and

29  amendment.--

30         (8)  INCREASED APPROPRIATIONS.--Notwithstanding any

31  requirement of subsections (4) and (5), s. 339.08, or s.

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 1  339.175, the Legislature may appropriate increased revenues

 2  identified by the March 4, 2005, consensus estimating

 3  conference for projects funded within the Department of

 4  Transportation. The funding for such projects may not be

 5  deducted from funds otherwise distributed to districts. This

 6  subsection expires July 1, 2006.

 7         Section 38.  In order to implement Specific

 8  Appropriation 2575 of the 2005-2006 General Appropriations

 9  Act, section 320.0846, Florida Statutes, is created to read:

10         320.0846  Free motor vehicle license plates to active

11  members of the Florida National Guard.--

12         (1)  Any owner or lessee of a motor vehicle who resides

13  in this state and is an active member of the Florida National

14  Guard may, upon application and proof of eligibility, be

15  issued one standard license plate without charge. Applications

16  for any additional license plates must be accompanied by

17  appropriate fees established in this chapter.

18         (2)  Eligible applicants of the Florida National Guard

19  may apply for a specialty license plate as provided in s.

20  320.08056 upon payment of the fees required in that section.

21  All other fees will be waived. Applications for any additional

22  specialty license plates must be accompanied by all

23  appropriate fees established in this chapter.

24         (3)  This section expires July 1, 2006.

25         Section 39.  In order to implement specific

26  appropriation 2803A of the 2005-2006 General Appropriations

27  Act, section 250.5206, Florida Statutes, is created to read:

28         250.5206  Family Readiness program.--The Department of

29  Military Affairs shall establish a state family readiness

30  program based on the United States Department of Defense's

31  

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 1  National Guard and Reserve Family Readiness Strategic Plan

 2  2004-2005 initiative.

 3         (1)  The purpose of the program shall be to provide

 4  need-based assistance to family members of troops in the

 5  Florida National Guard on active duty who are serving in the

 6  global war on terrorism and who are federally deployed or

 7  participating in state operations for homeland defense.

 8         (2)  All funding shall be used to purchase needed

 9  services and may not be used to fund staffing or

10  administrative costs.

11         (3)  Program funds may be used in emergency situations

12  to purchase critically needed services, including, but not

13  limited to, living expenses, housing, vehicles, equipment or

14  renovations necessary to meet disability needs, and health

15  care, as well as marriage counseling, stress and anger

16  management therapies, and other family strengthening

17  strategies.

18         (4)  Eligible recipients shall include persons who are

19  designated as beneficiaries on the United States Department of

20  Defense Form 93 or who are otherwise dependents of eligible

21  servicemembers.

22         (5)  Requests for assistance shall be validated and

23  assessed at the local level by a federal Family Center Support

24  Specialist stationed at the state armory. The recommendations

25  shall be forwarded to the department, which shall review the

26  recommendations for eligibility, appropriateness, and

27  sufficiency of documentation prior to submission to the Family

28  Readiness Advisory Board as provided in subsection (6).

29         (6)  The Family Readiness Advisory Board shall make all

30  final determinations regarding the appropriateness of an

31  

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 1  award, the amount of the award, and the payment of the award.

 2  The board shall include:

 3         (a)  The department employee primarily responsible for

 4  the program or his or her designee.

 5         (b)  The director of personnel for the Florida National

 6  Guard or his or her designee.

 7         (c)  The State Quartermaster or his or her designee.

 8         (d)  One member appointed by the Adjutant General.

 9         (7)  The department shall maintain sufficient data to

10  provide an annual report to the Governor and Legislature on

11  the families served, types of services provided, and the

12  allocation of funds spent.

13         (8)  This section expires July 1, 2006.

14         Section 40.  In order to implement the transfer of

15  moneys to the Working Capital Fund from trust funds in the

16  2005-2006 General Appropriations Act, paragraph (b) of

17  subsection (2) of section 215.32, Florida Statutes, is

18  reenacted to read:

19         215.32  State funds; segregation.--

20         (2)  The source and use of each of these funds shall be

21  as follows:

22         (b)1.  The trust funds shall consist of moneys received

23  by the state which under law or under trust agreement are

24  segregated for a purpose authorized by law. The state agency

25  or branch of state government receiving or collecting such

26  moneys shall be responsible for their proper expenditure as

27  provided by law. Upon the request of the state agency or

28  branch of state government responsible for the administration

29  of the trust fund, the Chief Financial Officer may establish

30  accounts within the trust fund at a level considered necessary

31  for proper accountability. Once an account is established

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 1  within a trust fund, the Chief Financial Officer may authorize

 2  payment from that account only upon determining that there is

 3  sufficient cash and releases at the level of the account.

 4         2.  In addition to other trust funds created by law, to

 5  the extent possible, each agency shall use the following trust

 6  funds as described in this subparagraph for day-to-day

 7  operations:

 8         a.  Operations or operating trust fund, for use as a

 9  depository for funds to be used for program operations funded

10  by program revenues, with the exception of administrative

11  activities when the operations or operating trust fund is a

12  proprietary fund.

13         b.  Operations and maintenance trust fund, for use as a

14  depository for client services funded by third-party payors.

15         c.  Administrative trust fund, for use as a depository

16  for funds to be used for management activities that are

17  departmental in nature and funded by indirect cost earnings

18  and assessments against trust funds. Proprietary funds are

19  excluded from the requirement of using an administrative trust

20  fund.

21         d.  Grants and donations trust fund, for use as a

22  depository for funds to be used for allowable grant or donor

23  agreement activities funded by restricted contractual revenue

24  from private and public nonfederal sources.

25         e.  Agency working capital trust fund, for use as a

26  depository for funds to be used pursuant to s. 216.272.

27         f.  Clearing funds trust fund, for use as a depository

28  for funds to account for collections pending distribution to

29  lawful recipients.

30  

31  

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 1         g.  Federal grant trust fund, for use as a depository

 2  for funds to be used for allowable grant activities funded by

 3  restricted program revenues from federal sources.

 4  

 5  To the extent possible, each agency must adjust its internal

 6  accounting to use existing trust funds consistent with the

 7  requirements of this subparagraph. If an agency does not have

 8  trust funds listed in this subparagraph and cannot make such

 9  adjustment, the agency must recommend the creation of the

10  necessary trust funds to the Legislature no later than the

11  next scheduled review of the agency's trust funds pursuant to

12  s. 215.3206.

13         3.  All such moneys are hereby appropriated to be

14  expended in accordance with the law or trust agreement under

15  which they were received, subject always to the provisions of

16  chapter 216 relating to the appropriation of funds and to the

17  applicable laws relating to the deposit or expenditure of

18  moneys in the State Treasury.

19         4.a.  Notwithstanding any provision of law restricting

20  the use of trust funds to specific purposes, unappropriated

21  cash balances from selected trust funds may be authorized by

22  the Legislature for transfer to the Budget Stabilization Fund

23  and Working Capital Fund in the General Appropriations Act.

24         b.  This subparagraph does not apply to trust funds

25  required by federal programs or mandates; trust funds

26  established for bond covenants, indentures, or resolutions

27  whose revenues are legally pledged by the state or public body

28  to meet debt service or other financial requirements of any

29  debt obligations of the state or any public body; the State

30  Transportation Trust Fund; the trust fund containing the net

31  annual proceeds from the Florida Education Lotteries; the

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 1  Florida Retirement System Trust Fund; trust funds under the

 2  management of the Board of Regents, where such trust funds are

 3  for auxiliary enterprises, self-insurance, and contracts,

 4  grants, and donations, as those terms are defined by general

 5  law; trust funds that serve as clearing funds or accounts for

 6  the Chief Financial Officer or state agencies; trust funds

 7  that account for assets held by the state in a trustee

 8  capacity as an agent or fiduciary for individuals, private

 9  organizations, or other governmental units; and other trust

10  funds authorized by the State Constitution.

11         Section 41.  In order to implement sections 2-7 of the

12  2005-2006 General Appropriations Act, subsection (1) of

13  section 216.192, Florida Statutes, is amended to read:

14         216.192  Release of appropriations; revision of

15  budgets.--

16         (1)  Unless otherwise provided in the General

17  Appropriations Act, on July 1 of each fiscal year, up to 25

18  percent of the original approved operating budget of each

19  agency and of the judicial branch may be released until such

20  time as annual plans for quarterly releases for all

21  appropriations have been developed, approved, and furnished to

22  the Chief Financial Officer by the Executive Office of the

23  Governor for state agencies and by the Chief Justice of the

24  Supreme Court for the judicial branch.  The plans, including

25  appropriate plans of releases for fixed capital outlay

26  projects that correspond with each project schedule, shall

27  attempt to maximize the use of trust funds and shall be

28  transmitted to the Chief Financial Officer by August 1 of each

29  fiscal year. Such releases shall at no time exceed the total

30  appropriations available to a state agency or to the judicial

31  branch, or the approved budget for such agency or the judicial

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 1  branch if less. The Chief Financial Officer shall enter such

 2  releases in his or her records in accordance with the release

 3  plans prescribed by the Executive Office of the Governor and

 4  the Chief Justice, unless otherwise amended as provided by

 5  law. The Executive Office of the Governor and the Chief

 6  Justice shall transmit a copy of the approved annual releases

 7  to the head of the state agency, the chair and vice chair of

 8  the Legislative Budget Commission, and the Auditor General.

 9  The Chief Financial Officer shall authorize all expenditures

10  to be made from the appropriations on the basis of such

11  releases and in accordance with the approved budget, and not

12  otherwise. Expenditures shall be authorized only in accordance

13  with legislative authorizations. Nothing herein precludes

14  periodic reexamination and revision by the Executive Office of

15  the Governor or by the Chief Justice of the annual plans for

16  release of appropriations and the notifications of the parties

17  of all such revisions.

18         (a)  Prior to releasing or transferring funds or

19  positions, or increasing spending authority for information

20  technology projects designated in the General Appropriations

21  Act, the agency shall submit a detailed operational work plan

22  to the Executive Office of the Governor and the chairs of the

23  legislative appropriations committees. The operational work

24  plan shall include the following components:

25         1.  A project charter that describes the business

26  objectives and expected outcomes to be attained and specifies

27  planned project milestones and deliverables;

28         2.  A work breakdown structure that summarizes all

29  tasks required to complete the project;

30         3.  A resource-loaded project schedule and a spending

31  plan;

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 1         4.  A description of the project organization and the

 2  roles and responsibilities of the project participants; and

 3         5.  A description of the processes and procedures that

 4  will be used to identify and manage the project's risks and to

 5  manage changes in the requirements of the project.

 6  

 7  The agency is authorized to request the Executive Office of

 8  the Governor to release the funds and positions pursuant to

 9  chapter 216 and in a manner consistent with the spending plan

10  component of the operational work plan; however, the funds and

11  positions shall not be released until the operational work

12  plan is approved by the Executive Office of the Governor, in

13  consultation with the legislative appropriations committees.

14  Funds or positions released for the information technology

15  project may not exceed the amount identified in the approved

16  operational work plan. Operational work plans shall be updated

17  as required in the General Appropriations Act. This paragraph

18  expires July 1, 2006.

19         (b)  The agency also shall submit to the Executive

20  Office of the Governor and the legislative appropriations

21  chairs project status reports comparing the planned progress

22  of the project as specified in the operational work plan

23  versus the actual progress made to date, the actual completion

24  dates, and the actual costs incurred. The status reports shall

25  also describe the planned project milestones, deliverables,

26  and expenditures for the next reporting period; the current

27  issues requiring resolution; and the project risks that are

28  being actively managed and the actions being taken to mitigate

29  the risks. This paragraph expires July 1, 2006.

30         (c)  Operational work plans and project status reports

31  shall comply with the standards for these documents which are

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 1  jointly developed and published annually by the State

 2  Technology Office and the Technology Review Workgroup. The

 3  General Appropriations Act shall specify the frequency of

 4  operational work plans and status reports required for

 5  designated information technology projects. This paragraph

 6  expires July 1, 2006.

 7         Section 42.  In order to implement sections 2-7 of the

 8  2005-2006 General Appropriations Act, a goal of the Aspire

 9  project shall be to reduce or replace the need for duplicative

10  agency-level accounting, financial, or cash-management systems

11  by providing functionality to meet state agencies' accounting,

12  financial, and cash-management requirements in the Aspire

13  system for statewide accounting and cash management.

14         (1)  When all functional design specifications have

15  been finalized, the Aspire project shall publish a clear and

16  unambiguous description of the planned Aspire functionality

17  and related business process requirements in a manner and with

18  sufficient detail to enable each state agency to determine

19  whether or not there is a business case for remediating or

20  continuing to operate a duplicative agency-level accounting,

21  financial, or cash-management system.

22         (2)  Prior to using any of the funds appropriated to

23  state agencies in the 2005-2006 General Appropriations Act for

24  remediation or new development activities related to

25  agency-level accounting, financial, or cash-management

26  systems, each agency shall identify the shadow systems that

27  will be decommissioned, the timelines for decommissioning, and

28  the system or systems that require remediation. This

29  information shall be provided to the Director of the Office of

30  Policy and Budget and the chairs of the Senate Ways and Means

31  Committee and the House of Representatives Fiscal Council. If

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 1  an agency identifies one or more agency-level systems for

 2  development or remediation, it must prepare and submit a

 3  proposal to the Florida Management Information Board,

 4  established in section 215.95, Florida Statutes. The proposal

 5  shall provide a detailed description of the accounting,

 6  financial, or cash-management system functionality that is

 7  critically needed by the agency but that is not provided with

 8  the Aspire system. It also shall estimate the expected costs

 9  and benefits of developing or remediating the system or

10  systems and provide a resource-loaded project plan that

11  identifies the dates associated with the major project

12  milestones and deliverables for the proposed development or

13  remediation project or projects. Agencies may use the

14  Guidelines for Preparing the Business Case for Agency's Aspire

15  Remediation that were issued by the State Technology Office in

16  August 2004 as a template to provide the necessary

17  information.

18         (3)  Representatives from the State Technology Office,

19  the Department of Financial Services, the Technology Review

20  Workgroup, and the Office of the Auditor General shall be

21  directed jointly to validate and to evaluate all remediation

22  proposals and shall jointly provide recommendations to the

23  Florida Management Information Board. Those representatives

24  shall consider the following factors in evaluating the

25  proposals:

26         (a)  The critical functionality of the existing

27  agency-level system or systems.

28         (b)  The critical accounting, financial, and

29  cash-management business processes that must be maintained

30  within the agency.

31  

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 1         (c)  The functionality and accounting, financial, and

 2  cash-management business processes to be supported by and

 3  implemented in Aspire.

 4         (d)  Feasibility and cost-benefit of remediating the

 5  existing agency-level system or systems instead of

 6  incorporating new functionality into the Aspire project.

 7         (e)  Feasibility, cost-benefit, and operational impacts

 8  of retaining existing accounting, financial, and

 9  cash-management business processes compared to changing these

10  processes to enable replacement of the existing system.

11         (4)  The Florida Management Information Board shall

12  receive and consider each agency system remediation or

13  development proposal and shall approve, disapprove, or require

14  modifications to the proposals as follows:

15         (a)  Approval means that the system functionality

16  provided in Aspire is not sufficient to meet the agency's

17  accounting, financial, and cash-management needs and that the

18  proposed system remediation is necessary to meet specific

19  state or federal accounting, financial, or cash-management

20  requirements identified in the proposal.

21         (b)  Disapproval means that the planned system

22  functionality in Aspire is sufficient to meet the stated

23  financial and accounting needs of the agency and that the

24  agency should make necessary changes in its accounting,

25  financial, or cash-management processes to enable replacement

26  of the shadow system instead of development or remediation of

27  the system or systems identified in the proposal.

28         (c)  Modification may include, but is not limited to,

29  reducing the scope of the development or remediation request,

30  seeking legislative or administrative changes to specified

31  state accounting or business processes to enable the agency to

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 1  use planned Aspire functionality, or requiring the Aspire

 2  project to incorporate needed functionality and modify Aspire

 3  and agency-level rollout plans to enable replacement of

 4  existing duplicative shadow systems.

 5         (5)  If multiple agencies identify the same or similar

 6  accounting, financial, and cash management requirement that is

 7  not provided by the Aspire system, the Aspire project shall

 8  provide to the Florida Management Information Board a written

 9  explanation of why the Aspire system will not provide the

10  needed functionality and quantitative estimates of the cost

11  and schedule impact of incorporating the needed functionality

12  into the Aspire system. The Florida Management Information

13  Board shall determine whether the needed functionality should

14  be incorporated into the Aspire system. If the cost impact of

15  incorporating the needed functionality increases the total

16  cost of the Aspire project by $250,000 or more, the board

17  shall notify in writing the chairs of the Senate Ways and

18  Means Committee and the House of Representatives Fiscal

19  Council of the fiscal impact of the proposed Aspire project

20  modification and shall solicit comments from the chairs of the

21  Senate Ways and Means Committee and the House of

22  Representatives Fiscal Council at least 14 consecutive days

23  before final action by the board.

24         (6)  If no reallocation of existing state agency

25  resources is needed to accomplish the approved remediation or

26  development project or projects, the agency may proceed with

27  the project or projects. If the approved or modified agency

28  remediation proposal requires additional funding or

29  reallocation of agency funding, the Florida Management

30  Information Board shall direct the agency to submit a budget

31  amendment to the Executive Office of the Governor for release

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 1  or reallocation of the funding in the approved proposal

 2  pursuant to chapter 216, Florida Statutes.

 3         (7)  This section expires July 1, 2006.

 4         Section 43.  In order to implement the issuance of new

 5  debt authorized in the 2005-2006 General Appropriations Act,

 6  and pursuant to the requirements of section 215.98, Florida

 7  Statutes, the Legislature determines that the authorization

 8  and issuance of debt for the 2005-2006 fiscal year is in the

 9  best interest of the state and should be implemented.

10         Section 44.  A section of this act that implements a

11  specific appropriation or specifically identified proviso

12  language in the 2005-2006 General Appropriations Act is void

13  if the specific appropriation or specifically identified

14  proviso language is vetoed. A section of this act that

15  implements more than one specific appropriation or more than

16  one portion of specifically identified proviso language in the

17  2005-2006 General Appropriations Act is void if all the

18  specific appropriations or portions of specifically identified

19  proviso language are vetoed.

20         Section 45.  If any other act passed in 2005 contains a

21  provision that is substantively the same as a provision in

22  this act, but that removes or is otherwise not subject to the

23  future repeal applied to such provision by this act, the

24  Legislature intends that the provision in the other act shall

25  take precedence and shall continue to operate, notwithstanding

26  the future repeal provided by this act.

27         Section 46.  The agency performance measures and

28  standards in the document entitled "Performance Measures and

29  Standards Approved by the Legislature for Fiscal Year

30  2005-2006" dated March 28, 2005, and filed with the Secretary

31  of the Senate are incorporated by reference. Such performance

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 1  measures and standards are directly linked to the

 2  appropriations made in the General Appropriations Act for

 3  fiscal year 2005-2006, as required by the Government

 4  Performance and Accountability Act of 1994. State agencies are

 5  directed to revise their long-range program plans required

 6  under section 216.013, Florida Statutes, to be consistent with

 7  these performance measures and standards.

 8         Section 47.  If any provision of this act or its

 9  application to any person or circumstance is held invalid, the

10  invalidity does not affect other provisions or applications of

11  the act which can be given effect without the invalid

12  provision or application, and to this end the provisions of

13  this act are declared severable.

14         Section 48.  Except as otherwise expressly provided in

15  this act, this act shall take effect July 1, 2005; or, if this

16  act fails to become a law until after that date, it shall take

17  effect upon becoming a law and shall operate retroactively to

18  July 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Implements the 2005-2006 General Appropriations Act.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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