October 28, 2020
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Senate Bill 2602

Senate Bill sb2602e1

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    SB 2602                                  First Engrossed (ntc)



  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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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


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    SB 2602                                  First Engrossed (ntc)



 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  


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    SB 2602                                  First Engrossed (ntc)



 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  


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    SB 2602                                  First Engrossed (ntc)



 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         Section 7.  In order to implement Specific

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

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

18  Statutes, is amended to read:

19         402.305  Licensing standards; child care facilities.--

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

21  personnel shall include minimum requirements as to:

22         (g)  The Department of Children and Family Services

23  shall provide at least one Child Care Competency Exam in

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

25  paragraph expires July 1, 2006 2005.

26         Section 8.  In order to implement Specific

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

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

29  amended to read:

30         402.33  Department authority to charge fees for

31  services provided.--


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    SB 2602                                  First Engrossed (ntc)



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

 2  fee collections, including third-party reimbursements, in

 3  excess of fee-supported appropriations may be used in

 4  conformance with the provisions of chapter 216 to fund

 5  nonrecurring expenditures for direct client services and to

 6  fund administrative costs of improving the fee collection

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

 8  amount of collections in excess of the amount of

 9  appropriations may be used to fund such improvements to the

10  program. Priority consideration for the expenditure of excess

11  collections shall be given to those districts and programs

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

13  collections not spent in the fiscal year in which collected

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

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

16  in which the excess occurs.

17         (b)  For the 2005-2006 2004-2005 fiscal year only, the

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

19  expires July 1, 2006 2005.

20         Section 9.  In order to fulfill legislative intent

21  regarding the use of funds contained in Specific

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

23  General Appropriations Act, the Department of Corrections and

24  the Department of Juvenile Justice may expend appropriated

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

26  incurred by a municipality or county and associated with

27  opening or operating a facility under the authority of the

28  respective department which is located within that

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

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

31  facility construction cost, less building impact fees imposed


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    SB 2602                                  First Engrossed (ntc)



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

 2  located in the unincorporated portion of the county. This

 3  section expires July 1, 2006.

 4         Section 10.  In order to implement Specific

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

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

 7  Statutes, is amended to read:

 8         216.262  Authorized positions.--

 9         (4)  Notwithstanding the provisions of this chapter on

10  increasing the number of authorized positions, and for the

11  2005-2006 2004-2005 fiscal year only, if the actual inmate

12  population of the Department of Corrections exceeds the inmate

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

14  2004, Criminal Justice Estimating Conference by 1 percent for

15  2 consecutive months or 2 percent for any month, the Executive

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

17  Budget Commission, shall immediately notify the Criminal

18  Justice Estimating Conference, which shall convene as soon as

19  possible to revise the estimates. The Department of

20  Corrections may then submit a budget amendment requesting the

21  establishment of positions in excess of the number authorized

22  by the Legislature and additional appropriations from the

23  General Revenue Fund or the Working Capital Fund sufficient to

24  provide for essential staff, fixed capital improvements, and

25  other resources to provide classification, security, food

26  services, health services, and other variable expenses within

27  the institutions to accommodate the estimated increase in the

28  inmate population. All actions taken pursuant to the authority

29  granted in this subsection shall be subject to review and

30  approval by the Legislative Budget Commission. This subsection

31  expires July 1, 2006 2005.


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    SB 2602                                  First Engrossed (ntc)



 1         Section 11.  In order to implement Specific

 2  Appropriation 1263 of the 2005-2006 General Appropriations

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

 4  Florida Statutes, is amended to read:

 5         16.555  Crime Stoppers Trust Fund; rulemaking.--

 6         (3)

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

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

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

10  salaries and benefits and other expenses of the department.

11  This paragraph expires July 1, 2006 2005.

12         Section 12.  In order to implement Specific

13  Appropriations 842 and 2999 of the 2005-2006 General

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

15  objection procedures of section 216.177, Florida Statutes,

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

17  Appropriations Act may be transferred from the courts to the

18  Justice Administrative Commission in order to address

19  unanticipated shortfalls in due process services

20  appropriations in excess of the contingency fund provided in

21  Specific Appropriation 842 of the 2005-2006 General

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

23         Section 13.  In order to implement Specific

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

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

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

27         413.4021  Pilot program participant county selection;

28  tax collection enforcement diversion program.--The Department

29  of Revenue, in coordination with the Florida Association of

30  Centers for Independent Living and the Florida Prosecuting

31  Attorneys Association, shall select four counties in which to


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    SB 2602                                  First Engrossed (ntc)



 1  operate the pilot program. The association and the state

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

 3  counties shall develop and implement a tax collection

 4  enforcement diversion program, which shall collect revenue due

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

 6  The criteria for referral to the tax collection enforcement

 7  diversion program shall be determined cooperatively between

 8  the state attorneys' offices in those counties and the

 9  Department of Revenue.

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

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

12  of the revenues collected from the tax collection enforcement

13  diversion program shall be deposited into the operating

14  account of the Florida Endowment Foundation for Vocational

15  Rehabilitation, to be used to implement the personal care

16  attendant pilot program and to contract with the state

17  attorneys participating in the tax collection enforcement

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

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

20  2005.

21         Section 14.  In order to implement Specific

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

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

24  Justice Administrative Commission or the state courts in any

25  specific appropriation provided for due process services, the

26  Governor or the Chief Justice of the Supreme Court,

27  respectively, may submit a budget amendment for consideration

28  by the Legislative Budget Commission to authorize the

29  expenditure of funds from the Working Capital Fund to offset

30  such deficiency. Any budget amendment submitted by the

31  Governor to the Legislative Budget Commission shall contain


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    SB 2602                                  First Engrossed (ntc)



 1  certification by the Justice Administrative Commission that

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

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

 4  appropriation available to the entity projected to experience

 5  the deficiency. Any budget amendment submitted by the Supreme

 6  Court shall contain certification that the court has completed

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

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

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

10         Section 15.  In order to implement Specific

11  Appropriations 1274 and 1277 of the 2005-2006 General

12  Appropriations Act, the Department of Legal Affairs is

13  authorized to expend appropriated funds in Specific

14  Appropriations 1274 and 1277 on the same programs that were

15  funded by the department under Specific Appropriation 1247 in

16  the 2004-2005 General Appropriations Act.

17         Section 16.  In order to implement Specific

18  Appropriations 1442 and 1444 of the 2005-2006 General

19  Appropriations Act and notwithstanding any provision of

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

21  appropriated to the Department of Agriculture and Consumer

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

23  2005-2006 fiscal years for the purpose of constructing and

24  operating an agricultural interdiction station on Interstate

25  10 in Escambia County, the Department of Agriculture and

26  Consumer Services shall enter into an agreement with the

27  Department of Transportation wherein the Department of

28  Transportation, on behalf of the Department of Agriculture and

29  Consumer Services, shall proceed with the construction of the

30  station under the authority established in chapter 337,

31  Florida Statutes. The Department of Agriculture and Consumer


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    SB 2602                                  First Engrossed (ntc)



 1  Services shall be authorized to execute all contracts

 2  resulting from such Department of Transportation selection of

 3  contractors in compliance with chapter 337, Florida Statutes.

 4  This section expires July 1, 2006.

 5         Section 17.  In order to implement the appropriation of

 6  funds in Special Categories-Risk Management Insurance of the

 7  2005-2006 General Appropriations Act, and pursuant to the

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

 9  Florida Statutes, the Executive Office of the Governor is

10  authorized to transfer funds appropriated in the appropriation

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

12  2005-2006 General Appropriations Act between departments in

13  order to align the budget authority granted with the premiums

14  paid by each department for risk management insurance. This

15  section expires July 1, 2006.

16         Section 18.  In order to implement the appropriation of

17  funds in Special Categories-Transfer to Department of

18  Management Services-Human Resources Services Purchased Per

19  Statewide Contract of the 2005-2006 General Appropriations

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

21  procedures of section 216.177, Florida Statutes, the Executive

22  Office of the Governor is authorized to transfer funds

23  appropriated in the appropriation category "Special

24  Categories-Transfer to Department of Management Services-Human

25  Resources Services Purchased Per Statewide Contract" of the

26  2005-2006 General Appropriations Act between departments in

27  order to align the budget authority granted with the

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

29  of Management Services for human resource management services.

30  This section expires July 1, 2006.

31  


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    SB 2602                                  First Engrossed (ntc)



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

 2  2005-2006 General Appropriations Act, paragraph (c) of

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

 4  112.061, Florida Statutes, are amended to read:

 5         112.061  Per diem and travel expenses of public

 6  officers, employees, and authorized persons.--

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

 8  purposes of reimbursement and methods of calculating

 9  fractional days of travel, the following principles are

10  prescribed:

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

12  notwithstanding the other provisions of this subsection, for

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

14  per diem basis nor shall a traveler receive subsistence

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

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

17  purposes of reimbursement rates and methods of calculation,

18  per diem and subsistence allowances are divided into the

19  following groups and rates:

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

21  notwithstanding the other provisions of this subsection, for

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

23  per diem basis nor shall a traveler receive subsistence

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

25         Section 20.  Notwithstanding section 403.7095, Florida

26  Statutes, in order to implement Specific Appropriation 1761 of

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

28  Environmental Protection shall award:

29         (1)  $6,500,000 in grants equally to counties with

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

31  


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    SB 2602                                  First Engrossed (ntc)



 1  prevention, recycling and education, and general solid waste

 2  programs.

 3         (2)  $1,242,168 in competitive innovative grants to

 4  cities and counties on the prioritized list of projects

 5  submitted by the Department of Environmental Protection to the

 6  Legislature.

 7  

 8  This section expires July 1, 2006.

 9         Section 21.  In order to implement Specific

10  Appropriation 1703 of the 2005-2006 General Appropriations

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

12  amended to read:

13         375.041  Land Acquisition Trust Fund.--

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

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

16  appropriated for water quality issues in the General

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

18         Section 22.  In order to implement Specific

19  Appropriation 1742 of the 2005-2006 General Appropriations

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

21         376.30715  Innocent victim petroleum storage system

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

23  1990, which ceased operating as a petroleum storage or retail

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

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

26  376.305(6)(a). Eligible sites shall be ranked in accordance

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

28         Section 23.  In order to implement Specific

29  Appropriation 2683A of the 2005-2006 General Appropriations

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

31  Florida Statutes, is amended to read:


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    SB 2602                                  First Engrossed (ntc)



 1         287.057  Procurement of commodities or contractual

 2  services.--

 3         (23)

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

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

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

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

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

 9  projected costs of such services, including administrative and

10  project service costs in accordance with the policies of the

11  department. All fees and surcharges collected under this

12  paragraph shall be deposited in the Grants and Donations Trust

13  Fund as provided by law.

14         2.  If the department contracts with a provider for

15  on-line procurement, the department, pursuant to

16  appropriation, shall compensate the provider from such fees

17  after the department has satisfied all ongoing costs. The

18  provider shall report transaction data to the department each

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

20  payable to the department from each vendor.

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

22  transactional basis or as a fixed percentage of the cost

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

24  remitted within 40 days after receipt of payment for which

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

26  40 days, the vendor shall pay interest at the rate established

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

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

29  purposes of compensating the provider, the department may

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

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


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    SB 2602                                  First Engrossed (ntc)



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

 2  department may negotiate the retainage as a percentage of such

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

 4  method the department deems feasible. All fees and surcharges

 5  collected under this paragraph shall be deposited in the

 6  Grants and Donation Trust Fund as provided by law.

 7         Section 24.  The amendment of section 287.057, Florida

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

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

10  30, 2005, except that any amendments to such text enacted

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

12  operate to the extent that such amendments are not dependent

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

14  act.

15         Section 25.  In order to implement Specific

16  Appropriation 2501 of the 2005-2006 General Appropriations

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

18  Florida Statutes, is amended to read:

19         320.08058  Specialty license plates.--

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

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

22  annually distributed as follows:

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

24  Professional Sports Team plate must be deposited into the

25  Professional Sports Development Trust Fund within the Office

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

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

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

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

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

31  Basketball Association, the National Football League, the


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    SB 2602                                  First Engrossed (ntc)



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

 2  Collegiate Athletic Association Final Four basketball

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

 4  funds must be used to support and promote major sporting

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

 6  Foundation.

 7         2.  The remaining proceeds of the Florida Professional

 8  Sports Team license plate must be allocated to the Florida

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

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

11  be deposited into the Professional Sports Development Trust

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

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

14  Foundation to promote the economic development of the sports

15  industry; to distribute licensing and royalty fees to

16  participating professional sports teams; to promote education

17  programs in Florida schools that provide an awareness of the

18  benefits of physical activity and nutrition standards; to

19  partner with the Department of Education and the Department of

20  Health to develop a program that recognizes schools whose

21  students demonstrate excellent physical fitness or fitness

22  improvement; to institute a grant program for communities

23  bidding on minor sporting events that create an economic

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

25  charities designated by the Florida Sports Foundation and the

26  participating professional sports teams; and to fulfill the

27  sports promotion responsibilities of the Office of Tourism,

28  Trade, and Economic Development.

29         3.  The Florida Sports Foundation shall provide an

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

31  financial accounts and records by an independent certified


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    SB 2602                                  First Engrossed (ntc)



 1  public accountant pursuant to the contract established by the

 2  Office of Tourism, Trade, and Economic Development as

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

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

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

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

 7  Auditor General for review.

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

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

10  proceeds from the Professional Sports Development Trust Fund

11  may also be used for operational expenses of the Florida

12  Sports Foundation and financial support of the Sunshine State

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

14         Section 26.  In order to implement Specific

15  Appropriation 2121 of the 2005-2006 General Appropriations

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

17  53 of chapter 2004-269, Laws of Florida, is amended to read:

18         445.048  Passport to Economic Progress demonstration

19  program.--

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

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

22  Department of Children and Family Services and the Agency for

23  Workforce Innovation, shall implement a Passport to Economic

24  Progress demonstration program by November 1, 2001, consistent

25  with the provisions of this section in Hillsborough and

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

27  regional workforce boards to participate in the program.

28  Expenses for the program may come from appropriated revenues

29  or from funds otherwise available to a regional workforce

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

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


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    SB 2602                                  First Engrossed (ntc)



 1  workforce boards and the applicable local offices of the

 2  Department of Children and Family Services which serve the

 3  demonstration areas and must encourage community input into

 4  the implementation process.

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

 6  consultation with the Department of Children and Family

 7  Services, finds that federal waivers would facilitate

 8  implementation of the demonstration program, the department

 9  shall immediately request such waivers, and Workforce Florida,

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

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

12  refusal of the federal government to grant such waivers

13  prevents the implementation of the demonstration program. If

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

15  provisions of the Food Stamp Program would facilitate

16  implementation of the demonstration program, the Department of

17  Children and Family Services shall immediately request such

18  waivers in accordance with s. 414.175.

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

20  additional incentive for employment, and notwithstanding the

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

22  in the areas designated for this demonstration program, the

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

24  shall be disregarded in determining eligibility for temporary

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

26  414.095(12) shall continue to apply to such individuals.

27         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

28  to assist them in making the transition to economic

29  self-sufficiency, former recipients of temporary cash

30  assistance residing within the areas designated for this

31  


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    SB 2602                                  First Engrossed (ntc)



 1  demonstration program shall be eligible for the following

 2  benefits and services:

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

 4  445.030, transitional education and training support services

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

 6  is no longer receiving temporary cash assistance;

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

 8  445.031, transitional transportation support services as

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

10  no longer receiving temporary cash assistance; and

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

12  445.032, transitional child care as specified in s. 445.032

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

14  temporary cash assistance.

15  

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

17  shall apply to such individuals, as appropriate. This

18  subsection does not constitute an entitlement to transitional

19  benefits and services. If funds are insufficient to provide

20  benefits and services under this subsection, the board of

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

22  such benefits and services or otherwise establish priorities

23  for the provisions of such benefits and services.

24         (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE

25  SUPPLEMENTATION.--

26         (a)  The Legislature finds that:

27         1.  There are former recipients of temporary cash

28  assistance who are working full time but whose incomes are

29  below the federal poverty level.

30         2.  Having incomes below the federal poverty level

31  makes such individuals particularly vulnerable to reliance on


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    SB 2602                                  First Engrossed (ntc)



 1  public assistance despite their best efforts to achieve or

 2  maintain economic independence through employment.

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

 4  program that defines economic incentives for achieving

 5  specific benchmarks toward self-sufficiency while the

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

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

 8  them in fulfilling the transition to economic

 9  self-sufficiency.

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

11  Department of Children and Family Services and the Agency for

12  Workforce Innovation, shall offer performance-based incentive

13  bonuses create a transitional wage supplementation program by

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

15  Progress demonstration program in the areas designated for the

16  demonstration program. This wage supplementation program does

17  not constitute an entitlement to wage supplementation. The

18  bonuses do not represent a program entitlement and shall be

19  contingent on achieving specific benchmarks prescribed in the

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

21  purpose are insufficient to provide this financial incentive

22  wage supplementation, the board of directors of Workforce

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

24  to exceed the appropriation or may direct the regional boards

25  to use resources otherwise given to the regional workforce to

26  pay such bonuses if such payments comply with applicable state

27  and federal laws limit wage supplementation or otherwise

28  establish priorities for wage supplementation.

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

30  supplementation under this subsection, an individual must:

31  


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    SB 2602                                  First Engrossed (ntc)



 1         1.  Be a former recipient of temporary cash assistance

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

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

 4  this subsection means employment averaging at least 32 hours

 5  per week, until the United States Congress enacts legislation

 6  reauthorizing the Temporary Assistance for Needy Families

 7  block grant and, after the reauthorization, means employment

 8  complying with the employment requirements of the

 9  reauthorization; and

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

11  preceding the date of application for an incentive bonus wage

12  supplementation which is less than 200 100 percent of the

13  federal poverty level.

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

15  schedule for the payment of wage supplementation under this

16  subsection. An individual eligible for wage supplementation

17  under this subsection may receive a payment that equals the

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

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

20  federal poverty level. An individual may not receive wage

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

22         (e)  The wage supplementation program authorized by

23  this subsection shall be administered through the regional

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

25  policy guidelines, criteria, and applications developed by

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

27  Children and Family Services and the Agency for Workforce

28  Innovation. To the maximum extent possible, the regional

29  workforce boards shall use electronic debit card technologies

30  to provide wage supplementation payments under this program.

31  


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    SB 2602                                  First Engrossed (ntc)



 1         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

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

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

 4  the regional workforce boards in the areas designated for this

 5  demonstration program, shall conduct a comprehensive

 6  evaluation of the effectiveness of the demonstration program

 7  operated under this section. Evaluations and recommendations

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

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

10  2003, Workforce Florida, Inc., shall submit a report on such

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

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

13  include recommendations as to whether the demonstration

14  program should be expanded to other service areas or statewide

15  and whether the program should be revised to enhance its

16  administration or effectiveness.

17         (6)(7)  CONFLICTS.--If there is a conflict between the

18  implementation procedures described in this section and

19  federal requirements and regulations, federal requirements and

20  regulations shall control.

21         Section 27.  The amendment of section 445.048, Florida

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

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

24  30, 2003, except that any amendments to such text enacted

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

26  operate to the extent that such amendments are not dependent

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

28  provisions of this act.

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

30  2005-2006 General Appropriations Act, subsection (13) of

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


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    SB 2602                                  First Engrossed (ntc)



 1         253.034  State-owned lands; uses.--

 2         (13)  Notwithstanding the provisions of this section,

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

 4  Safety and Motor Vehicles located in Palm Beach County and

 5  Orange Counties are authorized to be deposited into the

 6  Highway Safety Operating Trust Fund to facilitate the exchange

 7  as provided in the General Appropriations Act, provided that

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

 9  This subsection expires July 1, 2006 2005.

10         Section 29.  In order to implement proviso language in

11  Specific Appropriation 2162F of the 2005-2006 General

12  Appropriations Act, section 402.3017, Florida Statutes, is

13  amended to read:

14         402.3017  Teacher Education and Compensation Helps

15  (TEACH) scholarship program.--

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

17  child care teacher education and training is a key predictor

18  for determining program quality. The Legislature also finds

19  that low wages for child care workers prevent many from

20  obtaining increased training and education and contribute to

21  high turnover rates.  The Legislature therefore intends to

22  help fund a program which links teacher training and education

23  to compensation and commitment to the field of early childhood

24  education.

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

26  authorized to contract for the administration of the Teacher

27  Education and Compensation Helps (TEACH) scholarship program,

28  which provides educational scholarships to caregivers and

29  administrators of early childhood programs, family day care

30  homes, and large family child care homes.

31  


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    SB 2602                                  First Engrossed (ntc)



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

 2  implement this section.

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

 4  Agency for Workforce Innovation shall administer this section.

 5  This subsection expires July 1, 2006 2005.

 6         Section 30.  In order to implement Specific

 7  Appropriation 2930 of the 2005-2006 General Appropriations

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

 9  Florida Statutes, is amended to read:

10         287.057  Procurement of commodities or contractual

11  services.--

12         (5)  When the purchase price of commodities or

13  contractual services exceeds the threshold amount provided in

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

15  contractual services may be made without receiving competitive

16  sealed bids, competitive sealed proposals, or competitive

17  sealed replies unless:

18         (f)  The following contractual services and commodities

19  are not subject to the competitive-solicitation requirements

20  of this section:

21         1.  Artistic services.

22         2.  Academic program reviews.

23         3.  Lectures by individuals.

24         4.  Auditing services.

25         5.  Legal services, including attorney, paralegal,

26  expert witness, appraisal, or mediator services.

27         6.  Health services involving examination, diagnosis,

28  treatment, prevention, medical consultation, or

29  administration.

30         7.  Services provided to persons with mental or

31  physical disabilities by not-for-profit corporations which


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    SB 2602                                  First Engrossed (ntc)



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

 2  of the United States Internal Revenue Code or when such

 3  services are governed by the provisions of Office of

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

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

 6  vendor, past performance, willingness to meet time

 7  requirements, and price.

 8         8.  Medicaid services delivered to an eligible Medicaid

 9  recipient by a health care provider who has not previously

10  applied for and received a Medicaid provider number from the

11  Agency for Health Care Administration. However, this exception

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

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

14  renewed by the agency.

15         9.  Family placement services.

16         10.  Prevention services related to mental health,

17  including drug abuse prevention programs, child abuse

18  prevention programs, and shelters for runaways, operated by

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

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

21  past performance, willingness to meet time requirements, and

22  price.

23         11.  Training and education services provided to

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

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

26         13.  Services or commodities provided by governmental

27  agencies.

28         14.  Voter education activities of the Department of

29  State or the supervisors of elections funded by Specific

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

31  Appropriations Act, either individually or in the aggregate or


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    SB 2602                                  First Engrossed (ntc)



 1  with their respective professional associations. This

 2  subparagraph expires July 1, 2006 2005.

 3         Section 31.  In order to implement Specific

 4  Appropriation 2982C of the 2005-2006 General Appropriations

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

 6  259.032, Florida Statutes, to read:

 7         259.032  Conservation and Recreation Lands Trust Fund;

 8  purpose.--

 9         (11)

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

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

12  funds ever deposited into the Florida Preservation 2000 Trust

13  Fund and the Florida Forever Trust Fund may be appropriated

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

15  replacement museum facilities. This paragraph expires July 1,

16  2006.

17         Section 32.  In order to implement Specific

18  Appropriation 2495 of the 2005-2006 General Appropriations

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

20  amended to read:

21         288.1045  Qualified defense contractor tax refund

22  program.--

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

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

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

26  implement Specific Appropriation 2495 of the 2005-2006 General

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

28  Statutes, is amended to read:

29         288.106  Tax refund program for qualified target

30  industry businesses.--

31  


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    SB 2602                                  First Engrossed (ntc)



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

 2  June 30, 2005.

 3         Section 34.  In order to implement Specific

 4  Appropriation 1544 of the 2005-2006 General Appropriations

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

 6  amended to read:

 7         290.044  Florida Small Cities Community Development

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

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

10  grant program categories from federal funds for federal fiscal

11  year 1985 shall be established by the Legislature in the

12  appropriation process for the 1984 regular session and shall

13  be established annually thereafter in the same manner.  The

14  department shall submit its recommendation on the distribution

15  percentages to the Governor and Legislature as part of its

16  regular budget proposals. The department may set aside shall

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

18  of the funds allocated to the neighborhood revitalization

19  category in its distribution percentages for use in any

20  eligible local government jurisdiction for which an emergency

21  or natural disaster has been declared by executive order.

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

23  eligible emergency-related activities for which no other

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

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

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

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

28  used to fully fund any applications which were partially

29  funded due to inadequate funds in the most recently completed

30  neighborhood revitalization category funding cycle, and then

31  


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    SB 2602                                  First Engrossed (ntc)



 1  any remaining funds shall be distributed to the next unfunded

 2  applications.

 3         Section 35.  The amendment of section 290.044, Florida

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

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

 6  30, 2005, except that any amendments to such text enacted

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

 8  operate to the extent that such amendments are not dependent

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

10  provisions of this act.

11         Section 36.  In order to implement Specific

12  Appropriation 1993 of the 2005-2006 General Appropriations

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

14         311.22  Additional authorization for funding certain

15  dredging projects.--

16         (1)  The Florida Seaport Transportation and Economic

17  Development Council shall establish a program to fund dredging

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

19  according to the last official census. Funds made available

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

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

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

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

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

25  management and reporting provisions of part III of chapter

26  218.

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

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

29  rules must provide criteria for evaluating the economic

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

31  an administrative review process by the council which is


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    SB 2602                                  First Engrossed (ntc)



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

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

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

 4  Trade, and Economic Development of all projects submitted for

 5  funding under this section.

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

 7         Section 37.  In order to implement Specific

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

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

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

11         339.135  Work program; legislative budget request;

12  definitions; preparation, adoption, execution, and

13  amendment.--

14         (8)  INCREASED APPROPRIATIONS.--Notwithstanding any

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

16  339.175, the Legislature may appropriate increased revenues

17  identified by the March 4, 2005, consensus estimating

18  conference for projects funded within the Department of

19  Transportation. The funding for such projects may not be

20  deducted from funds otherwise distributed to districts. This

21  subsection expires July 1, 2006.

22         Section 38.  In order to implement Specific

23  Appropriation 2575 of the 2005-2006 General Appropriations

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

25         320.0846  Free motor vehicle license plates to active

26  members of the Florida National Guard.--

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

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

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

30  issued one standard license plate without charge. Applications

31  


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    SB 2602                                  First Engrossed (ntc)



 1  for any additional license plates must be accompanied by

 2  appropriate fees established in this chapter.

 3         (2)  Eligible applicants of the Florida National Guard

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

 5  320.08056 upon payment of the fees required in that section.

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

 7  specialty license plates must be accompanied by all

 8  appropriate fees established in this chapter.

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

10         Section 39.  In order to implement specific

11  appropriation 2803A of the 2005-2006 General Appropriations

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

13         250.5206  Family Readiness program.--The Department of

14  Military Affairs shall establish a state family readiness

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

16  National Guard and Reserve Family Readiness Strategic Plan

17  2004-2005 initiative.

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

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

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

21  global war on terrorism and who are federally deployed or

22  participating in state operations for homeland defense.

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

24  services and may not be used to fund staffing or

25  administrative costs.

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

27  to purchase critically needed services, including, but not

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

29  renovations necessary to meet disability needs, and health

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

31  


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    SB 2602                                  First Engrossed (ntc)



 1  management therapies, and other family strengthening

 2  strategies.

 3         (4)  Eligible recipients shall include persons who are

 4  designated as beneficiaries on the United States Department of

 5  Defense Form 93 or who are otherwise dependents of eligible

 6  servicemembers.

 7         (5)  Requests for assistance shall be validated and

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

 9  Specialist stationed at the state armory. The recommendations

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

11  recommendations for eligibility, appropriateness, and

12  sufficiency of documentation prior to submission to the Family

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

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

15  final determinations regarding the appropriateness of an

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

17  The board shall include:

18         (a)  The department employee primarily responsible for

19  the program or his or her designee.

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

21  Guard or his or her designee.

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

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

24         (7)  The department shall maintain sufficient data to

25  provide an annual report to the Governor and Legislature on

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

27  allocation of funds spent.

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

29         Section 40.  In order to implement the transfer of

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

31  2005-2006 General Appropriations Act, paragraph (b) of


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    SB 2602                                  First Engrossed (ntc)



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

 2  reenacted to read:

 3         215.32  State funds; segregation.--

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

 5  as follows:

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

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

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

 9  or branch of state government receiving or collecting such

10  moneys shall be responsible for their proper expenditure as

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

12  branch of state government responsible for the administration

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

14  accounts within the trust fund at a level considered necessary

15  for proper accountability. Once an account is established

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

17  payment from that account only upon determining that there is

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

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

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

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

22  operations:

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

24  depository for funds to be used for program operations funded

25  by program revenues, with the exception of administrative

26  activities when the operations or operating trust fund is a

27  proprietary fund.

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

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

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

31  for funds to be used for management activities that are


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    SB 2602                                  First Engrossed (ntc)



 1  departmental in nature and funded by indirect cost earnings

 2  and assessments against trust funds. Proprietary funds are

 3  excluded from the requirement of using an administrative trust

 4  fund.

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

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

 7  agreement activities funded by restricted contractual revenue

 8  from private and public nonfederal sources.

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

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

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

12  for funds to account for collections pending distribution to

13  lawful recipients.

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

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

16  restricted program revenues from federal sources.

17  

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

19  accounting to use existing trust funds consistent with the

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

21  trust funds listed in this subparagraph and cannot make such

22  adjustment, the agency must recommend the creation of the

23  necessary trust funds to the Legislature no later than the

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

25  s. 215.3206.

26         3.  All such moneys are hereby appropriated to be

27  expended in accordance with the law or trust agreement under

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

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

30  applicable laws relating to the deposit or expenditure of

31  moneys in the State Treasury.


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    SB 2602                                  First Engrossed (ntc)



 1         4.a.  Notwithstanding any provision of law restricting

 2  the use of trust funds to specific purposes, unappropriated

 3  cash balances from selected trust funds may be authorized by

 4  the Legislature for transfer to the Budget Stabilization Fund

 5  and Working Capital Fund in the General Appropriations Act.

 6         b.  This subparagraph does not apply to trust funds

 7  required by federal programs or mandates; trust funds

 8  established for bond covenants, indentures, or resolutions

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

10  to meet debt service or other financial requirements of any

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

12  Transportation Trust Fund; the trust fund containing the net

13  annual proceeds from the Florida Education Lotteries; the

14  Florida Retirement System Trust Fund; trust funds under the

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

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

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

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

19  the Chief Financial Officer or state agencies; trust funds

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

21  capacity as an agent or fiduciary for individuals, private

22  organizations, or other governmental units; and other trust

23  funds authorized by the State Constitution.

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

25  2005-2006 General Appropriations Act, subsection (1) of

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

27         216.192  Release of appropriations; revision of

28  budgets.--

29         (1)  Unless otherwise provided in the General

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

31  percent of the original approved operating budget of each


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    SB 2602                                  First Engrossed (ntc)



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

 2  time as annual plans for quarterly releases for all

 3  appropriations have been developed, approved, and furnished to

 4  the Chief Financial Officer by the Executive Office of the

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

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

 7  appropriate plans of releases for fixed capital outlay

 8  projects that correspond with each project schedule, shall

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

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

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

12  appropriations available to a state agency or to the judicial

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

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

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

16  plans prescribed by the Executive Office of the Governor and

17  the Chief Justice, unless otherwise amended as provided by

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

19  Justice shall transmit a copy of the approved annual releases

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

21  the Legislative Budget Commission, and the Auditor General.

22  The Chief Financial Officer shall authorize all expenditures

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

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

25  otherwise. Expenditures shall be authorized only in accordance

26  with legislative authorizations. Nothing herein precludes

27  periodic reexamination and revision by the Executive Office of

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

29  release of appropriations and the notifications of the parties

30  of all such revisions.

31  


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    SB 2602                                  First Engrossed (ntc)



 1         (a)  Prior to releasing or transferring funds or

 2  positions, or increasing spending authority for information

 3  technology projects designated in the General Appropriations

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

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

 6  legislative appropriations committees. The operational work

 7  plan shall include the following components:

 8         1.  A project charter that describes the business

 9  objectives and expected outcomes to be attained and specifies

10  planned project milestones and deliverables;

11         2.  A work breakdown structure that summarizes all

12  tasks required to complete the project;

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

14  plan;

15         4.  A description of the project organization and the

16  roles and responsibilities of the project participants; and

17         5.  A description of the processes and procedures that

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

19  manage changes in the requirements of the project.

20  

21  The agency is authorized to request the Executive Office of

22  the Governor to release the funds and positions pursuant to

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

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

25  positions shall not be released until the operational work

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

27  consultation with the legislative appropriations committees.

28  Funds or positions released for the information technology

29  project may not exceed the amount identified in the approved

30  operational work plan. Operational work plans shall be updated

31  


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    SB 2602                                  First Engrossed (ntc)



 1  as required in the General Appropriations Act. This paragraph

 2  expires July 1, 2006.

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

 4  Office of the Governor and the legislative appropriations

 5  chairs project status reports comparing the planned progress

 6  of the project as specified in the operational work plan

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

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

 9  also describe the planned project milestones, deliverables,

10  and expenditures for the next reporting period; the current

11  issues requiring resolution; and the project risks that are

12  being actively managed and the actions being taken to mitigate

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

14         (c)  Operational work plans and project status reports

15  shall comply with the standards for these documents which are

16  jointly developed and published annually by the State

17  Technology Office and the Technology Review Workgroup. The

18  General Appropriations Act shall specify the frequency of

19  operational work plans and status reports required for

20  designated information technology projects. This paragraph

21  expires July 1, 2006.

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

23  2005-2006 General Appropriations Act, a goal of the Aspire

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

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

26  by providing functionality to meet state agencies' accounting,

27  financial, and cash-management requirements in the Aspire

28  system for statewide accounting and cash management.

29         (1)  When all functional design specifications have

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

31  unambiguous description of the planned Aspire functionality


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    SB 2602                                  First Engrossed (ntc)



 1  and related business process requirements in a manner and with

 2  sufficient detail to enable each state agency to determine

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

 4  continuing to operate a duplicative agency-level accounting,

 5  financial, or cash-management system.

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

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

 8  remediation or new development activities related to

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

10  systems, each agency shall identify the shadow systems that

11  will be decommissioned, the timelines for decommissioning, and

12  the system or systems that require remediation. This

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

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

15  Committee and the House of Representatives Fiscal Council. If

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

17  development or remediation, it must prepare and submit a

18  proposal to the Florida Management Information Board,

19  established in section 215.95, Florida Statutes. The proposal

20  shall provide a detailed description of the accounting,

21  financial, or cash-management system functionality that is

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

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

24  and benefits of developing or remediating the system or

25  systems and provide a resource-loaded project plan that

26  identifies the dates associated with the major project

27  milestones and deliverables for the proposed development or

28  remediation project or projects. Agencies may use the

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

30  Remediation that were issued by the State Technology Office in

31  


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    SB 2602                                  First Engrossed (ntc)



 1  August 2004 as a template to provide the necessary

 2  information.

 3         (3)  Representatives from the State Technology Office,

 4  the Department of Financial Services, the Technology Review

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

 6  directed jointly to validate and to evaluate all remediation

 7  proposals and shall jointly provide recommendations to the

 8  Florida Management Information Board. Those representatives

 9  shall consider the following factors in evaluating the

10  proposals:

11         (a)  The critical functionality of the existing

12  agency-level system or systems.

13         (b)  The critical accounting, financial, and

14  cash-management business processes that must be maintained

15  within the agency.

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

17  cash-management business processes to be supported by and

18  implemented in Aspire.

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

20  existing agency-level system or systems instead of

21  incorporating new functionality into the Aspire project.

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

23  of retaining existing accounting, financial, and

24  cash-management business processes compared to changing these

25  processes to enable replacement of the existing system.

26         (4)  The Florida Management Information Board shall

27  receive and consider each agency system remediation or

28  development proposal and shall approve, disapprove, or require

29  modifications to the proposals as follows:

30         (a)  Approval means that the system functionality

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


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    SB 2602                                  First Engrossed (ntc)



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

 2  proposed system remediation is necessary to meet specific

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

 4  requirements identified in the proposal.

 5         (b)  Disapproval means that the planned system

 6  functionality in Aspire is sufficient to meet the stated

 7  financial and accounting needs of the agency and that the

 8  agency should make necessary changes in its accounting,

 9  financial, or cash-management processes to enable replacement

10  of the shadow system instead of development or remediation of

11  the system or systems identified in the proposal.

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

13  reducing the scope of the development or remediation request,

14  seeking legislative or administrative changes to specified

15  state accounting or business processes to enable the agency to

16  use planned Aspire functionality, or requiring the Aspire

17  project to incorporate needed functionality and modify Aspire

18  and agency-level rollout plans to enable replacement of

19  existing duplicative shadow systems.

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

21  accounting, financial, and cash management requirement that is

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

23  provide to the Florida Management Information Board a written

24  explanation of why the Aspire system will not provide the

25  needed functionality and quantitative estimates of the cost

26  and schedule impact of incorporating the needed functionality

27  into the Aspire system. The Florida Management Information

28  Board shall determine whether the needed functionality should

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

30  incorporating the needed functionality increases the total

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


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    SB 2602                                  First Engrossed (ntc)



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

 2  Means Committee and the House of Representatives Fiscal

 3  Council of the fiscal impact of the proposed Aspire project

 4  modification and shall solicit comments from the chairs of the

 5  Senate Ways and Means Committee and the House of

 6  Representatives Fiscal Council at least 14 consecutive days

 7  before final action by the board.

 8         (6)  If no reallocation of existing state agency

 9  resources is needed to accomplish the approved remediation or

10  development project or projects, the agency may proceed with

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

12  remediation proposal requires additional funding or

13  reallocation of agency funding, the Florida Management

14  Information Board shall direct the agency to submit a budget

15  amendment to the Executive Office of the Governor for release

16  or reallocation of the funding in the approved proposal

17  pursuant to chapter 216, Florida Statutes.

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

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

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

21  and pursuant to the requirements of section 215.98, Florida

22  Statutes, the Legislature determines that the authorization

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

24  best interest of the state and should be implemented.

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

26  specific appropriation or specifically identified proviso

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

28  if the specific appropriation or specifically identified

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

30  implements more than one specific appropriation or more than

31  one portion of specifically identified proviso language in the


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    SB 2602                                  First Engrossed (ntc)



 1  2005-2006 General Appropriations Act is void if all the

 2  specific appropriations or portions of specifically identified

 3  proviso language are vetoed.

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

 5  provision that is substantively the same as a provision in

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

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

 8  Legislature intends that the provision in the other act shall

 9  take precedence and shall continue to operate, notwithstanding

10  the future repeal provided by this act.

11         Section 46.  The agency performance measures and

12  standards in the document entitled "Performance Measures and

13  Standards Approved by the Legislature for Fiscal Year

14  2005-2006" dated March 28, 2005, and filed with the Secretary

15  of the Senate are incorporated by reference. Such performance

16  measures and standards are directly linked to the

17  appropriations made in the General Appropriations Act for

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

19  Performance and Accountability Act of 1994. State agencies are

20  directed to revise their long-range program plans required

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

22  these performance measures and standards.

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

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

25  invalidity does not affect other provisions or applications of

26  the act which can be given effect without the invalid

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

28  this act are declared severable.

29         Section 48.  Except as otherwise expressly provided in

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

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


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    SB 2602                                  First Engrossed (ntc)



 1  effect upon becoming a law and shall operate retroactively to

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