October 28, 2020
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196423
  Amendment
Bill No. 2602
Amendment No. 196423
CHAMBER ACTION
Senate House
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1Representative(s) Negron offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  It is the intent of the Legislature that the
6implementing and administering provisions of this act apply to
7the General Appropriations Act for fiscal year 2005-2006.
8     Section 2.  In order to implement Specific Appropriation 17
9of the 2005-2006 General Appropriations Act, subsection (7) of
10section 1013.62, Florida Statutes, is amended to read:
11     1013.62  Charter schools capital outlay funding.--
12     (7)  Notwithstanding the provisions of this section,
13beginning in the 2003-2004 fiscal year:
14     (a)  If the appropriation for charter school capital outlay
15funds is no greater than the 2002-2003 appropriation, the funds
16shall be allocated according to the formula outlined in
17subsection (1) to:
18     1.  The same schools that received funding in 2002-2003.
19     2.  Schools that are an expanded feeder pattern of schools
20that received funding in 2002-2003.
21     3.  Schools that have an approved charter and are serving
22students at the start of the 2003-2004 school year and either
23incurred long-term financial obligations prior to January 31,
242003, or began construction on educational facilities prior to
25December 31, 2002.
26     (b)  If the appropriation for charter school capital outlay
27funds is less than the 2002-2003 appropriation, the funds shall
28be prorated among the schools eligible in paragraph (a).
29     (c)  If the appropriation for charter school capital outlay
30funds is greater than the 2002-2003 appropriation, the amount of
31funds provided in the 2002-2003 appropriation shall be allocated
32according to paragraph (a). First priority for allocating the
33amount in excess of the 2002-2003 appropriation shall be to
34prorate the excess funds among the charter schools with long-
35term debt or long-term lease to the extent that the initial
36allocation is insufficient to provide one-fifteenth of the cost
37per student station specified in s. 1013.64(6)(b), and second
38priority shall be to other eligible charter schools.
39     Section 3.  The amendment of subsection (7) of s. 1013.62,
40Florida Statutes, by this act shall expire on July 1, 2006, and
41the text of that section shall revert to that in existence on
42June 30, 2005, except that any amendments to such text enacted
43other than by this act shall be preserved and continue to
44operate to the extent that such amendments are not dependent
45upon the portions of such text which expire pursuant to the
46provisions of this act.
47     Section 4.  In order to implement section 11 of the 2005-
482006 General Appropriations Act, section 1004.065, Florida
49Statutes, is created to read:
50     1004.065  Limitation on university and direct-support
51organization financings.--No project may be financed by or on
52behalf of a university or a direct-support organization pursuant
53to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
541013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
55through any financing mechanism, including, but not limited to,
56revenue bonds, promissory notes, certificates of participation,
57lease-purchase agreements, or any other form of indebtedness,
58without prior approval of the project by the Legislature by an
59act relating to appropriations or general law. This section
60expires July 1, 2006.
61     Section 5.  In order to implement Specific Appropriations
62325-328, 332-336, 351, and 354 of the 2005-2006 General
63Appropriations Act, subsection (8) of section 394.908, Florida
64Statutes, is amended to read:
65     394.908  Substance abuse and mental health funding equity;
66distribution of appropriations.--In recognition of the
67historical inequity among service districts of the former
68Department of Health and Rehabilitative Services in the funding
69of substance abuse and mental health services, and in order to
70rectify this inequity and provide for equitable funding in the
71future throughout the state, the following funding process shall
72be adhered to:
73     (8)  For fiscal year 2005-2006 2004-2005 only, and
74notwithstanding the provisions of this section, all new funds
75received in excess of fiscal year 2004-2005 2003-2004 recurring
76appropriations shall be allocated in accordance with the
77provisions of the General Appropriations Act; however, no
78district shall receive an allocation of recurring funds less
79than its initial approved operating budget, plus any
80distributions of lump sum appropriations or reductions in
81unfunded budget, for fiscal year 2004-2005 2003-2004. Funds
82appropriated for projects in specific locations in the General
83Appropriations Act shall be included in the base funding of the
84respective district when calculating the distribution of funds
85under the equity formula. This subsection expires July 1, 2006
862005.
87     Section 6.  In order to implement Specific Appropriations
88395-404 of the 2005-2006 General Appropriations Act, paragraph
89(b) of subsection (14) of section 287.057, Florida Statutes, is
90amended to read:
91     287.057  Procurement of commodities or contractual
92services.--
93     (14)
94     (b)  Notwithstanding paragraph (a), the Department of
95Children and Family Services may enter into agreements, not to
96exceed 20 years, with a private provider to finance, design, and
97construct a treatment facility, as defined in s. 394.455, of at
98least 200 beds and to operate all aspects of daily operations
99within the treatment facility. The selected contractor is
100authorized to sponsor the issuance of tax-exempt certificates of
101participation or other securities to finance the project, and
102the state is authorized to enter into a lease-purchase agreement
103for the treatment facility. The Department of Children and
104Family Services shall begin the implementation of this
105privatization initiative by January 1, 2006 2005. This paragraph
106expires July 1, 2006 2005.
107     Section 7.  In order to implement Specific Appropriation
108595 of the 2005-2006 General Appropriations Act, subsection (3)
109of section 381.79, Florida Statutes, is amended to read:
110     381.79  Brain and Spinal Cord Injury Program Trust Fund.--
111     (3)(a)  Annually, 5 percent of the revenues deposited
112monthly in the fund pursuant to s. 318.21(2)(d) shall be
113appropriated to the University of Florida and 5 percent to the
114University of Miami for spinal cord injury and brain injury
115research. The amount to be distributed to the universities shall
116be calculated based on the deposits into the fund for each
117quarter in the fiscal year, but may not exceed $500,000 per
118university per year. Funds distributed under this subsection
119shall be made in quarterly payments at the end of each quarter
120during the fiscal year.
121     (b)  For the 2005-2006 2004-2005 fiscal year only, and
122notwithstanding paragraph (a), revenues deposited in the fund
123pursuant to s. 318.21(2)(d) may be appropriated for spinal cord
124injury and brain injury research at the University of Miami. The
125amount appropriated in the 2005-2006 2004-2005 General
126Appropriations Act shall be distributed in equal quarterly
127payments at the end of each quarter during the fiscal year. This
128paragraph expires July 1, 2006 2005.
129     Section 8.  In order to implement Specific Appropriations
130238-404 of the 2005-2006 General Appropriations Act, paragraph
131(b) of subsection (10) of section 402.33, Florida Statutes, is
132amended to read:
133     402.33  Department authority to charge fees for services
134provided.--
135     (10)
136     (b)  For the 2005-2006 2004-2005 fiscal year only, the
137provisions of paragraph (a) shall not apply. This paragraph
138expires July 1, 2006 2005.
139     Section 9.  In order to fulfill legislative intent
140regarding the use of funds contained in Specific Appropriations
141676, 688, 698, and 1136 of the 2005-2006 General Appropriations
142Act, the Department of Corrections and the Department of
143Juvenile Justice may expend appropriated funds to assist in
144defraying the costs of impacts that are incurred by a
145municipality or county and associated with opening or operating
146a facility under the authority of the respective department
147which is located within that municipality or county. The amount
148that is to be paid under this section for any facility may not
149exceed 1 percent of the facility construction cost, less
150building impact fees imposed by the municipality or by the
151county if the facility is located in the unincorporated portion
152of the county. This section expires July 1, 2006.
153     Section 10.  In order to implement Specific Appropriation
1541201 of the 2005-2006 General Appropriations Act, paragraph (d)
155is added to subsection (4) of section 932.7055, Florida
156Statutes, to read:
157     932.7055  Disposition of liens and forfeited property.--
158     (4)  The proceeds from the sale of forfeited property shall
159be disbursed in the following priority:
160     (d)  Notwithstanding any other provision of this
161subsection, and for the 2005-2006 fiscal year only, the funds in
162a special law enforcement trust fund established by the
163governing body of a municipality may be expended to reimburse
164the general fund of the municipality for moneys advanced from
165the general fund to the special law enforcement trust fund prior
166to October 1, 2001. This paragraph expires July 1, 2006.
167     Section 11.  In order to implement Specific Appropriations
168666-761 and 797-827 of the 2005-2006 General Appropriations Act,
169subsection (4) of section 216.262, Florida Statutes, is amended
170to read:
171     216.262  Authorized positions.--
172     (4)  Notwithstanding the provisions of this chapter on
173increasing the number of authorized positions, and for the 2005-
1742006 2004-2005 fiscal year only, if the actual inmate population
175of the Department of Corrections exceeds the inmate population
176projections of the February 16, 2005 2004, Criminal Justice
177Estimating Conference by 1 percent for 2 consecutive months or 2
178percent for any month, the Executive Office of the Governor,
179with the approval of the Legislative Budget Commission, shall
180immediately notify the Criminal Justice Estimating Conference,
181which shall convene as soon as possible to revise the estimates.
182The Department of Corrections may then submit a budget amendment
183requesting the establishment of positions in excess of the
184number authorized by the Legislature and additional
185appropriations from the General Revenue Fund or the Working
186Capital Fund sufficient to provide for essential staff and other
187resources to provide classification, security, food services,
188health services, and other variable expenses within the
189institutions to accommodate the estimated increase in the inmate
190population. All actions taken pursuant to the authority granted
191in this subsection shall be subject to review and approval by
192the Legislative Budget Commission. This subsection expires July
1931, 2006 2005.
194     Section 12.  In order to implement Specific Appropriation
195751 of the 2005-2006 General Appropriations Act, the Department
196of Children and Family Services shall transfer the Tramell
197Building on the grounds of the Florida State Hospital to the
198Department of Corrections to be used for 953 additional prison
199beds.
200     Section 13.  In order to implement the appropriation of
201funds in Special Categories-Risk Management Insurance of the
2022005-2006 General Appropriations Act, and pursuant to the
203notice, review, and objection procedures of s. 216.177, Florida
204Statutes, the Executive Office of the Governor is authorized to
205transfer funds appropriated in the appropriation category
206"Special Categories-Risk Management Insurance" of the 2005-2006
207General Appropriations Act between departments in order to align
208the budget authority granted with the premiums paid by each
209department for risk management insurance. This section expires
210July 1, 2006.
211     Section 14.  In order to implement the appropriation of
212funds in Special Categories-Transfer to Department of Management
213Services-Human Resources Services Purchased Per Statewide
214Contract of the 2005-2006 General Appropriations Act, and
215pursuant to the notice, review, and objection procedures of s.
216216.177, Florida Statutes, the Executive Office of the Governor
217is authorized to transfer funds appropriated in the
218appropriation category "Special Categories-Transfer to
219Department of Management Services-Human Resources Services
220Purchased Per Statewide Contract" of the 2005-2006 General
221Appropriations Act between departments in order to align the
222budget authority granted with the assessments that must be paid
223by each agency to the Department of Management Services for
224human resource management services. This section expires July 1,
2252006.
226     Section 15.  In order to implement sections 2 through 7 of
227the 2005-2006 General Appropriations Act, paragraph (c) of
228subsection (5) and paragraph (d) of subsection (6) of section
229112.061, Florida Statutes, are amended to read:
230     112.061  Per diem and travel expenses of public officers,
231employees, and authorized persons.--
232     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
233purposes of reimbursement and methods of calculating fractional
234days of travel, the following principles are prescribed:
235     (c)  For the 2005-2006 2004-2005 fiscal year only and
236notwithstanding the other provisions of this subsection, for
237Class C travel, a state traveler shall not be reimbursed on a
238per diem basis nor shall a traveler receive subsistence
239allowance. This paragraph expires July 1, 2006 2005.
240     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
241purposes of reimbursement rates and methods of calculation, per
242diem and subsistence allowances are divided into the following
243groups and rates:
244     (d)  For the 2005-2006 2004-2005 fiscal year only and
245notwithstanding the other provisions of this subsection, for
246Class C travel, a state traveler shall not be reimbursed on a
247per diem basis nor shall a traveler receive subsistence
248allowance. This paragraph expires July 1, 2006 2005.
249     Section 16.  In order to implement Specific Appropriation
2501742, subsection (14) is added to section 376.3071, Florida
251Statutes, to read:
252     376.3071  Inland Protection Trust Fund; creation; purposes;
253funding.--
254     (14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL
255YEAR.--Notwithstanding subsection (4) and s. 376.30711, for the
2562005-2006 fiscal year only funds from the Inland Protection
257Trust Fund may be used to clean up petroleum contaminated sites
258registered in a state-funded program that have been identified
259as viable affordable housing sites by the Department of
260Community Affairs together with local governments and may be
261used to purchase generators for emergency fuel supply. This
262subsection expires July 1, 2006.
263     Section 17.  In order to implement Specific Appropriation
2641590 of the 2005-2006 General Appropriations Act, paragraph (c)
265of subsection (4) of section 373.4137, Florida Statutes, is
266amended to read:
267     373.4137  Mitigation requirements.--
268     (4)  Prior to December 1 of each year, each water
269management district, in consultation with the Department of
270Environmental Protection, the United States Army Corps of
271Engineers, the Department of Transportation, transportation
272authorities established pursuant to chapter 348 or chapter 349,
273and other appropriate federal, state, and local governments, and
274other interested parties, including entities operating
275mitigation banks, shall develop a plan for the primary purpose
276of complying with the mitigation requirements adopted pursuant
277to this part and 33 U.S.C. s. 1344. This plan shall also address
278significant invasive plant problems within wetlands and other
279surface waters. In developing such plans, the districts shall
280utilize sound ecosystem management practices to address
281significant water resource needs and shall focus on activities
282of the Department of Environmental Protection and the water
283management districts, such as surface water improvement and
284management (SWIM) waterbodies and lands identified for potential
285acquisition for preservation, restoration, and enhancement, to
286the extent that such activities comply with the mitigation
287requirements adopted under this part and 33 U.S.C. s. 1344. In
288determining the activities to be included in such plans, the
289districts shall also consider the purchase of credits from
290public or private mitigation banks permitted under s. 373.4136
291and associated federal authorization and shall include such
292purchase as a part of the mitigation plan when such purchase
293would offset the impact of the transportation project, provide
294equal benefits to the water resources than other mitigation
295options being considered, and provide the most cost-effective
296mitigation option. The mitigation plan shall be preliminarily
297approved by the water management district governing board and
298shall be submitted to the secretary of the Department of
299Environmental Protection for review and final approval. The
300preliminary approval by the water management district governing
301board does not constitute a decision that affects substantial
302interests as provided by s. 120.569. At least 30 days prior to
303preliminary approval, the water management district shall
304provide a copy of the draft mitigation plan to any person who
305has requested a copy.
306     (c)  Surface water improvement and management or invasive
307plant control projects undertaken using the $12 million advance
308transferred from the Department of Transportation to the
309Department of Environmental Protection in fiscal year 1996-1997
310which meet the requirements for mitigation under this part and
31133 U.S.C. s. 1344 shall remain available for mitigation until
312the $12 million is fully credited up to and including fiscal
313year 2006-2007 2005-2006. When these projects are used as
314mitigation, the $12 million advance shall be reduced by $75,000
315per acre of impact mitigated. For any fiscal year through and
316including fiscal year 2006-2007 2005-2006, to the extent the
317cost of developing and implementing the mitigation plans is less
318than the amount transferred pursuant to subsection (3), the
319difference shall be credited towards the $12 million advance.
320Except as provided in this paragraph, any funds not directed to
321implement the mitigation plan should, to the greatest extent
322possible, be directed to fund invasive plant control within
323wetlands and other surface waters.
324     Section 18.  In order to implement Specific Appropriation
3251690 of the 2004-2005 General Appropriations Act, subsection (3)
326of section 120.551, Florida Statutes, is amended to read:
327     120.551  Internet publication.--
328     (3)  This section is repealed effective July 1, 2006 2005,
329unless reviewed and reenacted by the Legislature before that
330date.
331     Section 19.  (1)  In order to implement Specific
332Appropriation 1453A of the 2005-2006 General Appropriations Act,
333there is hereby created the Florida Pork Producers Transition
334Grant Program within the Department of Agriculture and Consumer
335Services to provide assistance to any person or persons or
336entities that were using farming methods described in Article X,
337Section 21 of the Florida Constitution on November 5, 2002. The
338purpose of the program is to assist Florida pork producers in
339reducing encumbered debt on stranded investment in equipment and
340in transitioning into other farming or agriculture activities.
341     (2)  Any person or persons or entities that were using
342farming methods described in Article X, Section 21 of the
343Florida Constitution on November 5, 2002, are entitled to apply
344for a grant from the program if that person or entity signs a
345letter of intent to cease or has ceased using farming methods
346described in Article X, Section 21 of the Florida Constitution
347on land within this state and agrees in writing to continue to
348use the land as actively engaged in an agricultural or farming
349activity other than pork production until at least November
3502008.
351     (3)  The department shall provide grants of not more than
352$275,000 to each person or persons or entities who meet the
353criteria for the program and who enter into such a letter of
354intent with the department, on a first-come first-served basis;
355provided that the application for the grant is made on or before
356December 29, 2005. The department may adopt rules to implement
357the Florida Pork Producers Transition Grant Program.
358     (4)  This section expires July 1, 2006.
359     Section 20.  In order to implement Specific Appropriation
3602501 of the 2005-2006 General Appropriations Act, paragraph (b)
361of subsection (9) of section 320.08058, Florida Statutes, is
362amended to read:
363     320.08058  Specialty license plates.--
364     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
365     (b)  The license plate annual use fees are to be annually
366distributed as follows:
367     1.  Fifty-five percent of the proceeds from the Florida
368Professional Sports Team plate must be deposited into the
369Professional Sports Development Trust Fund within the Office of
370Tourism, Trade, and Economic Development. These funds must be
371used solely to attract and support major sports events in this
372state. As used in this subparagraph, the term "major sports
373events" means, but is not limited to, championship or all-star
374contests of Major League Baseball, the National Basketball
375Association, the National Football League, the National Hockey
376League, the men's and women's National Collegiate Athletic
377Association Final Four basketball championship, or a horseracing
378or dogracing Breeders' Cup. All funds must be used to support
379and promote major sporting events, and the uses must be approved
380by the Florida Sports Foundation.
381     2.  The remaining proceeds of the Florida Professional
382Sports Team license plate must be allocated to the Florida
383Sports Foundation, a direct-support organization of the Office
384of Tourism, Trade, and Economic Development. These funds must be
385deposited into the Professional Sports Development Trust Fund
386within the Office of Tourism, Trade, and Economic Development.
387These funds must be used by the Florida Sports Foundation to
388promote the economic development of the sports industry; to
389distribute licensing and royalty fees to participating
390professional sports teams; to promote education programs in
391Florida schools that provide an awareness of the benefits of
392physical activity and nutrition standards; to partner with the
393Department of Education and the Department of Health to develop
394a program that recognizes schools whose students demonstrate
395excellent physical fitness or fitness improvement; to institute
396a grant program for communities bidding on minor sporting events
397that create an economic impact for the state; to distribute
398funds to Florida-based charities designated by the Florida
399Sports Foundation and the participating professional sports
400teams; and to fulfill the sports promotion responsibilities of
401the Office of Tourism, Trade, and Economic Development.
402     3.  The Florida Sports Foundation shall provide an annual
403financial audit in accordance with s. 215.981 of its financial
404accounts and records by an independent certified public
405accountant pursuant to the contract established by the Office of
406Tourism, Trade, and Economic Development as specified in s.
407288.1229(5). The auditor shall submit the audit report to the
408Office of Tourism, Trade, and Economic Development for review
409and approval. If the audit report is approved, the office shall
410certify the audit report to the Auditor General for review.
411     4.  For the 2005-2006 2004-2005 fiscal year only and
412notwithstanding the provisions of subparagraphs 1. and 2.,
413proceeds from the Professional Sports Development Trust Fund may
414also be used for operational expenses of the Florida Sports
415Foundation and financial support of the Sunshine State Games.
416This subparagraph expires July 1, 2006 2005.
417     Section 21.  In order to implement Specific Appropriation
4182121 of the 2005-2006 General Appropriations Act, section
419445.048, Florida Statutes, as amended by section 53 of chapter
4202004-269, Laws of Florida, is amended to read:
421     445.048  Passport to Economic Progress demonstration
422program.--
423     (1)  AUTHORIZATION.--Notwithstanding any law to the
424contrary, Workforce Florida, Inc., in conjunction with the
425Department of Children and Family Services and the Agency for
426Workforce Innovation, shall implement a Passport to Economic
427Progress demonstration program by November 1, 2001, consistent
428with the provisions of this section in Hillsborough and Manatee
429counties. Workforce Florida, Inc., may designate regional
430workforce boards to participate in the program. Expenses for the
431program may come from appropriated revenues or from funds
432otherwise available to a regional workforce board which may be
433legally used for such purposes. Workforce Florida, Inc., must
434consult with the applicable regional workforce boards and the
435applicable local offices of the Department of Children and
436Family Services which serve the demonstration areas and must
437encourage community input into the implementation process.
438     (2)  WAIVERS.--If Workforce Florida, Inc., in consultation
439with the Department of Children and Family Services, finds that
440federal waivers would facilitate implementation of the
441demonstration program, the department shall immediately request
442such waivers, and Workforce Florida, Inc., shall report to the
443Governor, the President of the Senate, and the Speaker of the
444House of Representatives if any refusal of the federal
445government to grant such waivers prevents the implementation of
446the demonstration program. If Workforce Florida, Inc., finds
447that federal waivers to provisions of the Food Stamp Program
448would facilitate implementation of the demonstration program,
449the Department of Children and Family Services shall immediately
450request such waivers in accordance with s. 414.175.
451     (3)  INCOME DISREGARD.--In order to provide an additional
452incentive for employment, and notwithstanding the amount
453specified in s. 414.095(12), for individuals residing in the
454areas designated for this demonstration program, the first $300
455plus one-half of the remainder of earned income shall be
456disregarded in determining eligibility for temporary cash
457assistance. All other conditions and requirements of s.
458414.095(12) shall continue to apply to such individuals.
459     (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order to
460assist them in making the transition to economic
461self-sufficiency, former recipients of temporary cash assistance
462residing within the areas designated for this demonstration
463program shall be eligible for the following benefits and
464services:
465     (a)  Notwithstanding the time period specified in s.
466445.030, transitional education and training support services as
467specified in s. 445.030 for up to 4 years after the family is no
468longer receiving temporary cash assistance;
469     (b)  Notwithstanding the time period specified in s.
470445.031, transitional transportation support services as
471specified in s. 445.031 for up to 4 years after the family is no
472longer receiving temporary cash assistance; and
473     (c)  Notwithstanding the time period specified in s.
474445.032, transitional child care as specified in s. 445.032 for
475up to 4 years after the family is no longer receiving temporary
476cash assistance.
477
478All other provisions of ss. 445.030, 445.031, and 445.032 shall
479apply to such individuals, as appropriate. This subsection does
480not constitute an entitlement to transitional benefits and
481services. If funds are insufficient to provide benefits and
482services under this subsection, the board of directors of
483Workforce Florida, Inc., or its agent, may limit such benefits
484and services or otherwise establish priorities for the
485provisions of such benefits and services.
486     (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE
487SUPPLEMENTATION.--
488     (a)  The Legislature finds that:
489     1.  There are former recipients of temporary cash
490assistance who are working full time but whose incomes are below
491the federal poverty level.
492     2.  Having incomes below the federal poverty level makes
493such individuals particularly vulnerable to reliance on public
494assistance despite their best efforts to achieve or maintain
495economic independence through employment.
496     3.  It is necessary to implement a performance-based
497program that defines economic incentives for achieving specific
498benchmarks toward self-sufficiency while the individual is
499working full-time supplement the wages of such individuals for a
500limited period of time in order to assist them in fulfilling the
501transition to economic self-sufficiency.
502     (b)  Workforce Florida, Inc., in cooperation with the
503Department of Children and Family Services and the Agency for
504Workforce Innovation, shall offer performance-based incentive
505bonuses create a transitional wage supplementation program by
506November 1, 2001, as a component of the Passport to Economic
507Progress demonstration program in the areas designated for the
508demonstration program. This wage supplementation program does
509not constitute an entitlement to wage supplementation. The
510bonuses do not represent a program entitlement and shall be
511contingent on achieving specific benchmarks prescribed in the
512self-sufficiency plan. If the funds appropriated for this
513purpose are insufficient to provide this financial incentive
514wage supplementation, the board of directors of Workforce
515Florida, Inc., may reduce or suspend the bonuses in order not to
516exceed the appropriation or may direct the regional boards to
517use resources otherwise given to the regional workforce to pay
518such bonuses if such payments comply with applicable state and
519federal laws limit wage supplementation or otherwise establish
520priorities for wage supplementation.
521     (c)  To be eligible for an incentive bonus wage
522supplementation under this subsection, an individual must:
523     1.  Be a former recipient of temporary cash assistance who
524last received such assistance on or after January 1, 2000;
525     2.  Be employed full time, which for the purposes of this
526subsection means employment averaging at least 32 hours per
527week, until the United States Congress enacts legislation
528reauthorizing the Temporary Assistance for Needy Families block
529grant and, after the reauthorization, means employment complying
530with the employment requirements of the reauthorization; and
531     3.  Have an average family income for the 6 months
532preceding the date of application for an incentive bonus wage
533supplementation which is less than 200 100 percent of the
534federal poverty level.
535     (d)  Workforce Florida, Inc., shall determine the schedule
536for the payment of wage supplementation under this subsection.
537An individual eligible for wage supplementation under this
538subsection may receive a payment that equals the amount
539necessary to bring the individual's total family income for the
540period covered by the payment to 100 percent of the federal
541poverty level. An individual may not receive wage
542supplementation payments for more than a total of 12 months.
543     (e)  The wage supplementation program authorized by this
544subsection shall be administered through the regional workforce
545boards and the one-stop delivery system, under policy
546guidelines, criteria, and applications developed by Workforce
547Florida, Inc., in cooperation with the Department of Children
548and Family Services and the Agency for Workforce Innovation. To
549the maximum extent possible, the regional workforce boards shall
550use electronic debit card technologies to provide wage
551supplementation payments under this program.
552     (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce
553Florida, Inc., in conjunction with the Department of Children
554and Family Services, the Agency for Workforce Innovation, and
555the regional workforce boards in the areas designated for this
556demonstration program, shall conduct a comprehensive evaluation
557of the effectiveness of the demonstration program operated under
558this section. Evaluations and recommendations for the program
559shall be submitted by Workforce Florida, Inc., as part of its
560annual report to the Legislature. By January 1, 2003, Workforce
561Florida, Inc., shall submit a report on such evaluation to the
562Governor, the President of the Senate, and the Speaker of the
563House of Representatives. The report must include
564recommendations as to whether the demonstration program should
565be expanded to other service areas or statewide and whether the
566program should be revised to enhance its administration or
567effectiveness.
568     (6)(7)  CONFLICTS.--If there is a conflict between the
569implementation procedures described in this section and federal
570requirements and regulations, federal requirements and
571regulations shall control.
572     Section 22.  The amendment of s. 445.048, Florida Statutes,
573by this act shall expire on July 1, 2006, and the text of that
574section shall revert to that in existence on June 30, 2005,
575except that any amendments to such text enacted other than by
576this act shall be preserved and continue to operate to the
577extent that such amendments are not dependent upon the portions
578of such text which expire pursuant to the provisions of this
579act.
580     Section 23.  In order to implement section 31 of the 2005-
5812006 General Appropriations Act, subsection (13) of section
582253.034, Florida Statutes, is amended to read:
583     253.034  State-owned lands; uses.--
584     (13)  Notwithstanding the provisions of this section, funds
585from the sale of property by the Department of Highway Safety
586and Motor Vehicles located in Palm Beach County and Orange
587Counties are authorized to be deposited into the Highway Safety
588Operating Trust Fund to facilitate the exchange as provided in
589the General Appropriations Act, provided that at the conclusion
590of both exchanges the values are equalized. This subsection
591expires July 1, 2006 2005.
592     Section 24.  In order to implement proviso language in
593Specific Appropriation 2162G of the 2005-2006 General
594Appropriations Act, subsection (4) of section 402.3017, Florida
595Statutes, is amended to read:
596     402.3017  Teacher Education and Compensation Helps (TEACH)
597scholarship program.--
598     (4)  For the 2005-2006 2004-2005 fiscal year only, the
599Agency for Workforce Innovation shall administer this section.
600This subsection expires July 1, 2006 2005.
601     Section 25.  In order to implement Specific Appropriation
6022982B of the 2005-2006 General Appropriations Act, paragraph (b)
603of subsection (7) of section 265.702, Florida Statutes, is
604amended to read:
605     265.702  Regional cultural facilities; grants for
606acquisition, renovation, or construction; funding; approval;
607allocation.--
608     (7)
609     (b)  For the 2005-2006 2004-2005 fiscal year only, the
610annual amount of a grant made under this section may not exceed
611the amount specified in the General Appropriations Act or the
612amount specified in paragraph (a), whichever is less. This
613paragraph expires July 1, 2006 2005.
614     Section 26.  In order to implement Specific Appropriation
6152930 of the 2005-2006 General Appropriations Act, paragraph (f)
616of subsection (5) of section 287.057, Florida Statutes, is
617amended to read:
618     287.057  Procurement of commodities or contractual
619services.--
620     (5)  When the purchase price of commodities or contractual
621services exceeds the threshold amount provided in s. 287.017 for
622CATEGORY TWO, no purchase of commodities or contractual services
623may be made without receiving competitive sealed bids,
624competitive sealed proposals, or competitive sealed replies
625unless:
626     (f)  The following contractual services and commodities are
627not subject to the competitive-solicitation requirements of this
628section:
629     1.  Artistic services.
630     2.  Academic program reviews.
631     3.  Lectures by individuals.
632     4.  Auditing services.
633     5.  Legal services, including attorney, paralegal, expert
634witness, appraisal, or mediator services.
635     6.  Health services involving examination, diagnosis,
636treatment, prevention, medical consultation, or administration.
637     7.  Services provided to persons with mental or physical
638disabilities by not-for-profit corporations which have obtained
639exemptions under the provisions of s. 501(c)(3) of the United
640States Internal Revenue Code or when such services are governed
641by the provisions of Office of Management and Budget Circular A-
642122. However, in acquiring such services, the agency shall
643consider the ability of the vendor, past performance,
644willingness to meet time requirements, and price.
645     8.  Medicaid services delivered to an eligible Medicaid
646recipient by a health care provider who has not previously
647applied for and received a Medicaid provider number from the
648Agency for Health Care Administration. However, this exception
649shall be valid for a period not to exceed 90 days after the date
650of delivery to the Medicaid recipient and shall not be renewed
651by the agency.
652     9.  Family placement services.
653     10.  Prevention services related to mental health,
654including drug abuse prevention programs, child abuse prevention
655programs, and shelters for runaways, operated by not-for-profit
656corporations. However, in acquiring such services, the agency
657shall consider the ability of the vendor, past performance,
658willingness to meet time requirements, and price.
659     11.  Training and education services provided to injured
660employees pursuant to s. 440.491(6).
661     12.  Contracts entered into pursuant to s. 337.11.
662     13.  Services or commodities provided by governmental
663agencies.
664     14.  Voter education activities of the Department of State
665or the supervisors of elections funded by Specific Appropriation
6662930 2871H of the 2005-2006 2004-2005 General Appropriations
667Act, either individually or in the aggregate or with their
668respective professional associations. This subparagraph expires
669July 1, 2006 2005.
670     Section 27.  In order to implement Specific Appropriation
6712999 of the 2005-2006 General Appropriations Act, and pursuant
672to the notice, review, and objection procedures of s. 216.177,
673Florida Statutes, funds in Specific Appropriation 2999 of the
6742005-2006 General Appropriations Act may be transferred from the
675courts to the Justice Administrative Commission in order to
676address unanticipated shortfalls in due process services
677appropriations in excess of the contingency fund provided in
678Specific Appropriation 2999 of the 2005-2006 General
679Appropriations Act. This section expires July 1, 2006.
680     Section 28.  In order to implement Specific Appropriations
681836, 837, 839, 840, and 3020 of the 2005-2006 General
682Appropriations Act, if a deficit is projected by the Justice
683Administrative Commission or the state courts in any specific
684appropriation provided for due process services, the Governor or
685the Chief Justice of the Supreme Court, respectively, may submit
686a budget amendment for consideration by the Legislative Budget
687Commission to authorize the expenditure of funds from the
688Working Capital Fund to offset such deficiency. Any budget
689amendment submitted by the Governor to the Legislative Budget
690Commission shall contain certification by the Justice
691Administrative Commission that all actions required by s.
69229.015, Florida Statutes, have been completed and that no funds
693exist in any contingency fund appropriation available to the
694entity projected to experience the deficiency. Any budget
695amendment submitted by the Supreme Court shall contain
696certification that the court has completed all actions required
697by s. 29.016, Florida Statutes, and that no funds exist in any
698contingency fund available to the state courts system. This
699section expires July 1, 2006.
700     Section 29.  In order to implement the transfer of moneys
701to the Working Capital Fund from trust funds in the 2005-2006
702General Appropriations Act, paragraph (b) of subsection (2) of
703section 215.32, Florida Statutes, is reenacted to read:
704     215.32  State funds; segregation.--
705     (2)  The source and use of each of these funds shall be as
706follows:
707     (b)1.  The trust funds shall consist of moneys received by
708the state which under law or under trust agreement are
709segregated for a purpose authorized by law. The state agency or
710branch of state government receiving or collecting such moneys
711shall be responsible for their proper expenditure as provided by
712law. Upon the request of the state agency or branch of state
713government responsible for the administration of the trust fund,
714the Chief Financial Officer may establish accounts within the
715trust fund at a level considered necessary for proper
716accountability. Once an account is established within a trust
717fund, the Chief Financial Officer may authorize payment from
718that account only upon determining that there is sufficient cash
719and releases at the level of the account.
720     2.  In addition to other trust funds created by law, to the
721extent possible, each agency shall use the following trust funds
722as described in this subparagraph for day-to-day operations:
723     a.  Operations or operating trust fund, for use as a
724depository for funds to be used for program operations funded by
725program revenues, with the exception of administrative
726activities when the operations or operating trust fund is a
727proprietary fund.
728     b.  Operations and maintenance trust fund, for use as a
729depository for client services funded by third-party payors.
730     c.  Administrative trust fund, for use as a depository for
731funds to be used for management activities that are departmental
732in nature and funded by indirect cost earnings and assessments
733against trust funds. Proprietary funds are excluded from the
734requirement of using an administrative trust fund.
735     d.  Grants and donations trust fund, for use as a
736depository for funds to be used for allowable grant or donor
737agreement activities funded by restricted contractual revenue
738from private and public nonfederal sources.
739     e.  Agency working capital trust fund, for use as a
740depository for funds to be used pursuant to s. 216.272.
741     f.  Clearing funds trust fund, for use as a depository for
742funds to account for collections pending distribution to lawful
743recipients.
744     g.  Federal grant trust fund, for use as a depository for
745funds to be used for allowable grant activities funded by
746restricted program revenues from federal sources.
747
748To the extent possible, each agency must adjust its internal
749accounting to use existing trust funds consistent with the
750requirements of this subparagraph. If an agency does not have
751trust funds listed in this subparagraph and cannot make such
752adjustment, the agency must recommend the creation of the
753necessary trust funds to the Legislature no later than the next
754scheduled review of the agency's trust funds pursuant to s.
755215.3206.
756     3.  All such moneys are hereby appropriated to be expended
757in accordance with the law or trust agreement under which they
758were received, subject always to the provisions of chapter 216
759relating to the appropriation of funds and to the applicable
760laws relating to the deposit or expenditure of moneys in the
761State Treasury.
762     4.a.  Notwithstanding any provision of law restricting the
763use of trust funds to specific purposes, unappropriated cash
764balances from selected trust funds may be authorized by the
765Legislature for transfer to the Budget Stabilization Fund and
766Working Capital Fund in the General Appropriations Act.
767     b.  This subparagraph does not apply to trust funds
768required by federal programs or mandates; trust funds
769established for bond covenants, indentures, or resolutions whose
770revenues are legally pledged by the state or public body to meet
771debt service or other financial requirements of any debt
772obligations of the state or any public body; the State
773Transportation Trust Fund; the trust fund containing the net
774annual proceeds from the Florida Education Lotteries; the
775Florida Retirement System Trust Fund; trust funds under the
776management of the Board of Regents, where such trust funds are
777for auxiliary enterprises, self-insurance, and contracts,
778grants, and donations, as those terms are defined by general
779law; trust funds that serve as clearing funds or accounts for
780the Chief Financial Officer or state agencies; trust funds that
781account for assets held by the state in a trustee capacity as an
782agent or fiduciary for individuals, private organizations, or
783other governmental units; and other trust funds authorized by
784the State Constitution.
785     Section 30.  A section of this act that implements a
786specific appropriation or specifically identified proviso
787language in the 2005-2006 General Appropriations Act is void if
788the specific appropriation or specifically identified proviso
789language is vetoed. A section of this act that implements more
790than one specific appropriation or more than one portion of
791specifically identified proviso language in the 2005-2006
792General Appropriations Act is void if all the specific
793appropriations or portions of specifically identified proviso
794language are vetoed.
795     Section 31.  If any other act passed in 2005 contains a
796provision that is substantively the same as a provision in this
797act, but that removes or is otherwise not subject to the future
798repeal applied to such provision by this act, the Legislature
799intends that the provision in the other act shall take
800precedence and shall continue to operate, notwithstanding the
801future repeal provided by this act.
802     Section 32.  The agency performance measures and standards
803in the document entitled "Performance Measures and Standards
804Approved by the Legislature for Fiscal Year 2005-2006" dated
805April 4, 2005, and filed with the Clerk of the House of
806Representatives are incorporated by reference. Such performance
807measures and standards are directly linked to the appropriations
808made in the General Appropriations Act for fiscal year 2005-
8092006, as required by the Government Performance and
810Accountability Act of 1994. State agencies are directed to
811revise their long-range program plans required under s. 216.013,
812Florida Statutes, to be consistent with these performance
813measures and standards.
814     Section 33.  If any provision of this act or its
815application to any person or circumstance is held invalid, the
816invalidity does not affect other provisions or applications of
817the act which can be given effect without the invalid provision
818or application, and to this end the provisions of this act are
819severable.
820     Section 34.  Except as otherwise expressly provided in this
821act, this act shall take effect July 1, 2005; or, if this act
822fails to become a law until after that date, it shall take
823effect upon becoming a law and shall operate retroactively to
824July 1, 2005.
825
826================= T I T L E  A M E N D M E N T =================
827     Remove the entire title and insert:
828
A bill to be entitled
829An act implementing the 2005-2006 General Appropriations
830Act; providing legislative intent; amending s. 1013.62,
831F.S.; deleting a provision providing for the allocation of
832charter school capital outlay funds if the appropriation
833for such funds is greater than the 2002-2003
834appropriation; creating s. 1004.065, F.S.; providing a
835limitation on university and direct-support organization
836financings; amending s. 394.908, F.S.; providing for
837substance abuse and mental health funding equity as
838provided in the General Appropriations Act; including
839funds appropriated for projects in specific locations in
840the base funding of such locations when calculating the
841distribution of funds under the equity formula; amending
842s. 287.057, F.S.; authorizing the Department of Children
843and Family Services to contract with a private provider
844for a mental health treatment facility; amending s.
845381.79, F.S.; providing for use of funds in the Brain and
846Spinal Cord Injury Program Trust Fund for spinal cord
847injury and brain injury research at the University of
848Miami; amending s. 402.33, F.S.; suspending authority of
849the Department of Children and Family Services to use
850funds in excess of fee collections; authorizing the
851Department of Corrections and the Department of Juvenile
852Justice to make certain expenditures to defray costs
853incurred by a municipality or county as a result of
854opening or operating a facility under authority of the
855respective department; amending s. 932.7055, F.S.;
856allowing municipalities to reimburse their general funds
857from moneys they advanced to their own special law
858enforcement trust funds; amending s. 216.262, F.S.;
859providing for additional positions to operate additional
860prison bed capacity under certain circumstances; providing
861for the transfer of a specified building to the Department
862of Corrections for additional prison beds; authorizing the
863Executive Office of the Governor to transfer funds between
864departments for purposes of aligning amounts paid for risk
865management premiums and for purposes of aligning amounts
866paid for human resource management services; amending s.
867112.061, F.S.; providing for computation of travel time
868and reimbursement for public officers' and employees'
869travel; amending s. 376.3071, F.S.; providing for use of
870funds from the Inland Protection Trust Fund to clean up
871certain petroleum contaminated sites and to purchase
872generators for emergency fuel supply; amending s.
873373.4137, F.S.; providing for water management districts
874to use specified funds in certain surface water
875improvement and management or invasive plant control
876projects; amending s. 120.551, F.S.; continuing Internet
877publication of certain notices of the Department of
878Environmental Protection and the Board of Trustees of the
879Internal Improvement Trust Fund; creating the Florida Pork
880Producers Transition Grant Program within the Department
881of Agriculture and Consumer Services; entitling certain
882persons using farming methods described in the Florida
883Constitution on a certain date to apply for a grant;
884providing a cap on such grants and authorizing the
885department to adopt rules to implement the grant program;
886amending s. 320.08058, F.S.; authorizing proceeds from the
887Professional Sports Development Trust Fund to be used for
888operational expenses of the Florida Sports Foundation and
889financial support of the Sunshine State Games; amending s.
890445.048, F.S.; requiring that Workforce Florida, Inc.,
891expand the Passport to Economic Progress demonstration
892program to a statewide program; authorizing Workforce
893Florida, Inc., to designate regional workforce boards to
894participate in the program; deleting a provision relating
895to the disregard of income for purposes of determining
896eligibility for cash assistance; requiring that Workforce
897Florida, Inc., offer incentive bonuses; providing
898requirements for such bonuses; providing that such bonuses
899are not an entitlement; requiring Workforce Florida, Inc.,
900to submit evaluations and recommendations for the program
901as part of its annual report to the Legislature; amending
902s. 253.034, F.S.; authorizing deposit of funds from the
903sale of property by the Department of Highway Safety and
904Motor Vehicles located in Palm Beach County; amending s.
905402.3017, F.S.; requiring the Agency for Workforce
906Innovation to administer Teacher Education and
907Compensation Helps (TEACH) scholarship program; amending
908s. 265.702, F.S.; providing a limit on the annual amount
909of individual cultural facilities grants; amending s.
910287.057, F.S.; exempting certain voter education
911activities from competitive-solicitation requirements;
912authorizing transfer of certain funds from the courts to
913the Justice Administrative Commission to meet certain
914shortfalls in due process appropriations; providing for
915expenditure of funds from the Working Capital Fund to
916offset deficiencies in due process services; reenacting s.
917215.32(2)(b), F.S., relating to the source and use of
918trust funds; providing for future repeal or expiration of
919various provisions; providing for reversion of certain
920provisions; providing effect of veto of specific
921appropriation or proviso to which implementing language
922refers; incorporating by reference specified performance
923measures and standards directly linked to the
924appropriations made in the 2005-2006 General
925Appropriations Act, as required by the Government
926Performance and Accountability Act of 1994; providing
927severability; providing an effective date.


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