Bill Text: FL H5003 | 2010 | Regular Session | Engrossed


Bill Title: Implementing 2010-2011 General Appropriations Act [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-19 - Line Item Veto Message received -HJ 00016; Line Item Veto Message referred to Rules and Calendar Council -HJ 00016 [H5003 Detail]

Download: Florida-2010-H5003-Engrossed.html
HB 5003
1
A bill to be entitled
2An act relating to implementing the 2010-2011 General
3Appropriations Act; providing legislative intent;
4incorporating by reference certain calculations of the
5Florida Education Finance Program for the 2010-2011 fiscal
6year; amending s. 216.292, F.S.; authorizing the transfer
7of funds, upon certain approval, for fixed capital outlay
8from the Survey Recommended Needs-Public Schools
9appropriation category to the Maintenance, Repair,
10Renovation and Remodeling appropriation category;
11authorizing the Department of Corrections and the
12Department of Juvenile Justice to make certain
13expenditures to defray costs incurred by a municipality or
14county as a result of opening or operating a facility
15under authority of the respective department; amending s.
16216.262, F.S.; providing for additional positions to
17operate additional prison bed capacity under certain
18circumstances; authorizing the Department of Legal Affairs
19to transfer certain funds to pay salaries and benefits;
20authorizing the Department of Legal Affairs to spend
21certain appropriated funds on programs that were funded by
22the department from specific appropriations in general
23appropriations acts in previous years; providing for the
24expiration of the authority to spend those appropriations;
25amending s. 932.7055, F.S.; delaying the expiration of
26provisions authorizing a municipality to expend funds from
27its special law enforcement trust fund to reimburse the
28municipality's general fund; requiring that the Office of
29State Courts Administrator report by a date certain to the
30Legislature the number of assigned new and reopened cases
31and the number of cases closed by each judge in each
32division and circuit for a specified period; amending s.
3329.008, F.S.; providing counties with an exemption from
34the requirement to annually increase certain expenditures
35by a specified percentage for the 2010-2011 fiscal year;
36requiring that the Department of Juvenile Justice comply
37with specified reimbursement limitations with respect to
38payments to hospitals or health care providers for health
39care services; authorizing certain payments pursuant to a
40contracted rate only until the contract expires or is
41renewed; defining the term "hospital" for purposes of such
42limitations; amending s. 44.108, F.S.; authorizing use of
43moneys in the Mediation and Arbitration Trust Fund as
44specified in the General Appropriations Act; amending s.
45394.908, F.S.; providing allocation requirements for
46specified funds appropriated for forensic mental health
47services; requiring that funds appropriated through the
48Community-Based Medicaid Administrative Claiming Program
49be allocated proportionately to contributed provider
50earnings; prohibiting any state agency from adopting or
51implementing a rule or policy mandating or establishing
52new nitrogen-reduction limits under certain circumstances;
53amending s. 1, ch. 2007-174, Laws of Florida; extending
54provisions relating to the reorganization activities of
55the Department of Children and Family Services; providing
56that budget amendments recommending the release of funds
57shall be provided a certain time in advance and are
58subject to objection procedures; requiring the Florida
59Catastrophic Storm Risk Management Center at Florida State
60University to conduct an analysis; amending s. 218.12,
61F.S.; requiring that the value of assessments reduced
62pursuant to s. 4(d)(8)a. of Art. VII of the State
63Constitution include only the reduction in taxable value
64for homesteads established in the preceding year;
65reenacting s. 255.518(1)(b), F.S., relating to payment of
66obligations during the construction of any facility
67financed by such obligations; amending s. 255.503, F.S.;
68delaying the expiration of provisions relating to the
69Florida Facilities Pool; requiring the Department of
70Financial Services to issue a solicitation for office
71supplies and award a multiple supplier contract by a
72specified date; amending s. 253.034, F.S.; authorizing the
73deposit of funds derived from the sale of property by the
74Department of Citrus into the Citrus Advertising Trust
75Fund; amending s. 375.041, F.S.; providing for the
76transfer of moneys from the Land Acquisition Trust Fund to
77support the Clean Water State Revolving Fund, the Drinking
78Water State Revolving Fund, the Total Maximum Daily Loads
79programs, and the Marine Spatial Planning programs, rather
80than to the Ecosystem Management and Restoration Trust
81Fund for grants and aids to local governments for water
82projects; amending s. 373.59, F.S.; providing for the
83allocation of moneys from the Water Management Lands Trust
84Fund for certain purposes; reenacting s. 403.1651(1)(g),
85F.S., relating to the use of funds from the Ecosystem
86Management and Restoration Trust Fund for the purpose of
87funding activities to preserve and repair the state's
88beaches; amending s. 403.1651, F.S.; providing for the
89transfer of moneys from the Ecosystem Management and
90Restoration Trust Fund to the General Inspection Trust
91Fund for the Farm Share, Food Banks, and Mosquito Control
92program and the Technological Research and Development
93Authority; amending s. 570.20, F.S.; delaying the
94expiration of provisions authorizing the Department of
95Agriculture and Consumer Services to use funds from the
96General Inspection Trust Fund for certain programs;
97amending s. 403.7095, F.S.; requiring that the Department
98of Environmental Protection award a specified amount in
99grants equally to certain counties for waste tire and
100litter prevention, recycling education, and general solid
101waste programs; authorizing the Department of Agriculture
102and Consumer Services to extend, revise, and renew current
103contracts or agreements created or entered into for the
104purpose of promotion of agriculture; amending s. 339.135,
105F.S.; providing for use of transportation revenues;
106requiring that the Department of Transportation transfer
107funds to the Office of Tourism, Trade, and Economic
108Development for the purpose of funding transportation-
109related needs of economic development projects; providing
110that funds appropriated from the Economic Development
111Transportation Trust Fund may be used to attract new space
112business to the state and for other specified needs for
113the development of aviation and aerospace operations;
114amending s. 216.292, F.S.; permitting the Legislative
115Budget Commission to review and approve recommendations by
116the Governor for fixed capital outlay projects funded by
117grants awarded from the American Recovery and Reinvestment
118Act of 2009 or by any other federal economic stimulus
119grant funding received; authorizing the Executive Office
120of the Governor to transfer funds appropriated for the
121American Recovery and Reinvestment Act of 2009 in
122traditional appropriation categories in the General
123Appropriations Act to appropriation categories established
124for the specific purpose of tracking funds appropriated
125pursuant to that act; amending s. 339.08, F.S.; delaying
126the expiration of provisions relating to the use of moneys
127in the State Transportation Trust Fund for certain
128administrative expenses; authorizing the transfer of funds
129from the State Transportation Trust Fund to the General
130Revenue Fund under certain circumstances; amending s.
131445.009, F.S.; providing that a participant in an adult or
132youth work experience activity under ch. 445, F.S., is an
133employee of the state for purposes of workers'
134compensation coverage; amending s. 163.3247, F.S.;
135removing a provision that entitles members of the Century
136Commission for a Sustainable Florida to receive per diem
137and travel expenses; amending s. 201.15, F.S.; revising
138provisions relating to funds deposited into the Grants and
139Donations Trust Fund in the Department of Community
140Affairs which are used to fund the Century Commission;
141amending s. 215.559, F.S.; delaying the expiration of
142provisions relating to the Hurricane Loss Mitigation
143Program; providing for use of certain appropriated funds
144for hurricane shelters; reenacting s. 332.007(8), F.S.,
145relating to the funding of security projects at publicly
146owned public-use airports; providing for the future
147expiration of certain amendments to such provision and for
148the reversion of statutory text; establishing the Florida
149Major Performing Arts Center Task Force; providing
150purposes; providing criteria for task force membership,
151election of officers, operation of meetings, submission of
152a final report, and staffing; amending s. 445.007, F.S.;
153prohibiting the use of state and federal funds for certain
154purposes unless expressly authorized by law; permitting
155reimbursement of certain per diem allowances and travel
156expenses; requiring the development of a statewide fiscal
157policy; prohibiting expenditures of state or federal funds
158for entertainment and recreational expenses; providing for
159increased transparency and accountability; prescribing
160terms and conditions of contracts and procedures for
161review; providing for exemptions and review procedures;
162amending s. 206.608, F.S.; authorizing the transfer of
163certain tax funds to the State Transportation Trust Fund;
164amending s. 339.135, F.S.; providing legislative intent;
165requiring the Department of Transportation to submit
166certain documents when submitting the department's work
167program amendment to the Legislative Budget Commission;
168amending s. 348.60, F.S.; requiring the Tampa-Hillsborough
169County Expressway Authority to transfer funds to the
170department by a specified date; providing for the transfer
171of governance and control and the assets and liabilities
172of the Authority if the funds are not transferred by the
173specified date; authorizing the Executive Office of the
174Governor to transfer funds between departments for
175purposes of aligning amounts paid for risk management
176premiums and for purposes of aligning amounts paid for
177human resource management services; amending s. 110.123,
178F.S.; providing for the state's monthly contribution for
179employees under the state group insurance program;
180amending s. 110.123, F.S., relating to the state group
181insurance program; requiring that, for the 2010-2011
182fiscal year only, the state contribution toward the cost
183of a plan is the difference between the overall premium
184and the employee contribution; amending s. 112.24, F.S.;
185providing conditions on the assignment of an employee of a
186state agency without reimbursement from the receiving
187agency; providing that the annual salary of the members of
188the Legislature be reduced by a specified percentage;
189reenacting s. 215.32(2)(b), F.S., relating to the source
190and use of certain trust funds in order to implement the
191transfer of moneys in the General Revenue Fund from trust
192funds in the 2010-2011 General Appropriations Act;
193reenacting s. 215.5601(4)(b), F.S., relating to the
194administration of the Lawton Chiles Endowment Fund;
195providing for the authorization and issuance of new debt;
196limiting the use of travel funds to activities that are
197critical to an agency's mission; providing exceptions;
198authorizing the Executive Office of the Governor to
199transfer funds for use by the state's designated primary
200data centers, pursuant to statutory procedures for notice,
201review, and objection; authorizing agencies to transfer
202funds from data processing appropriation categories to
203other appropriation categories in order to support and
204manage computer resources, notwithstanding other
205provisions of law; authorizing state agencies to begin
206planning for data center consolidations; authorizing the
207primary data center to add positions under certain
208circumstances; authorizing the Executive Office of the
209Governor to transfer funds between agencies in order to
210allocate a reduction relating to SUNCOM; prohibiting the
211Department of Environmental Protection from taking final
212agency action to deny permit applications for specified
213rigid coastal armoring structures; providing for the
214department to take final agency action on such permit
215applications within specified time periods; prohibiting
216the department from taking enforcement action against a
217property owner for failure to apply for certain permits;
218providing for future expiration of various provisions;
219authorizing the payment of debt service on bonds during
220the construction of the Florida International
221University/Miami-Dade County Health Department/Florida
222Department of Health facility; permitting rental payments;
223permitting the payment of certain costs from bond
224proceeds; prohibiting certain facilities from being
225required to submit other entities into the facilities pool
226to obtain financing; authorizing funds to be expended for
227enumerated authorized education capital outlay projects;
228specifying requirements for funded projects; requiring the
229Office of Policy and Budget in the Executive Office of the
230Governor to establish budget authority within appropriate
231accounts; requiring that preference, to the maximum extent
232possible, be given to entities committed to using Florida
233residents and products in fulfilling their contractual
234duties; exempting contracts funded before a specified
235date; requiring state agencies to identify contracts
236affected by these provisions and report by a date certain
237each contractor's compliance to the Agency for Workforce
238Innovation; amending s. 110.12315, F.S.; revising
239copayments for the state employees' prescription drug
240program; providing for reversion of statutory text of
241certain provisions; providing for the effect of a veto of
242one or more specific appropriations or proviso to which
243implementing language refers; providing for the continued
244operation of certain provisions notwithstanding a future
245repeal or expiration provided by the act; providing for
246severability; providing effective dates.
247
248Be It Enacted by the Legislature of the State of Florida:
249
250 Section 1. It is the intent of the Legislature that the
251implementing and administering provisions of this act apply to
252the General Appropriations Act for the 2010-2011 fiscal year.
253 Section 2. In order to implement Specific Appropriations
2546, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
255the calculations of the Florida Education Finance Program for
256the 2010-2011 fiscal year in the document entitled "Public
257School Funding-The Florida Education Finance Program," dated
258April 27, 2010, and filed with the Clerk of the House of
259Representatives, are incorporated by reference for the purpose
260of displaying the calculations used by the Legislature,
261consistent with the requirements of the Florida Statutes, in
262making appropriations for the Florida Education Finance Program.
263 Section 3. In order to implement Specific Appropriations
26417 and 18 of the 2010-2011 General Appropriations Act, paragraph
265(c) is added to subsection (3) of section 216.292, Florida
266Statutes, to read:
267 216.292 Appropriations nontransferable; exceptions.-
268 (3) The following transfers are authorized with the
269approval of the Executive Office of the Governor for the
270executive branch or the Chief Justice for the judicial branch,
271subject to the notice and objection provisions of s. 216.177:
272 (c) The transfer of appropriations for fixed capital
273outlay from the Survey Recommended Needs-Public Schools
274appropriation category to the Maintenance, Repair, Renovation
275and Remodeling appropriation category. The allocation of
276transferred funds shall be in accordance with s. 1013.64(1).
277This paragraph expires July 1, 2011.
278 Section 4. In order to fulfill legislative intent
279regarding the use of funds contained in Specific Appropriations
280639, 651, 663, and 1188 of the 2010-2011 General Appropriations
281Act, the Department of Corrections and the Department of
282Juvenile Justice may expend appropriated funds to assist in
283defraying the costs of impacts that are incurred by a
284municipality or county and that are associated with opening or
285operating a facility under the authority of the department. The
286amount paid for any facility may not exceed 1 percent of the
287cost to construct the facility, less building impact fees
288imposed by the municipality or county. This section expires July
2891, 2011.
290 Section 5. In order to implement Specific Appropriations
291629 through 724 and 747 through 781 of the 2010-2011 General
292Appropriations Act, subsection (4) of section 216.262, Florida
293Statutes, is amended to read:
294 216.262 Authorized positions.-
295 (4) Notwithstanding the provisions of this chapter on
296increasing the number of authorized positions, and for the 2010-
2972011 2009-2010 fiscal year only, if the actual inmate population
298of the Department of Corrections exceeds the inmate population
299projections of the February 19, 2010 April 30, 2009, Criminal
300Justice Estimating Conference by 1 percent for 2 consecutive
301months or 2 percent for any month, the Executive Office of the
302Governor, with the approval of the Legislative Budget
303Commission, shall immediately notify the Criminal Justice
304Estimating Conference, which shall convene as soon as possible
305to revise the estimates. The Department of Corrections may then
306submit a budget amendment requesting the establishment of
307positions in excess of the number authorized by the Legislature
308and additional appropriations from unallocated general revenue
309sufficient to provide for essential staff, fixed capital
310improvements, and other resources to provide classification,
311security, food services, health services, and other variable
312expenses within the institutions to accommodate the estimated
313increase in the inmate population. All actions taken pursuant to
314the authority granted in this subsection shall be subject to
315review and approval by the Legislative Budget Commission. This
316subsection expires July 1, 2011 2010.
317 Section 6. In order to implement Specific Appropriations
3181306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
319Appropriations Act, the Department of Legal Affairs is
320authorized to transfer cash remaining after required
321disbursements for Attorney General case numbers 09-CV-51614, 16-
3222008-CA-01-3142CV-C, and CACE08022328 from FLAIR account 41-74-
3232-601001-41100100-00-181076-00 to the Operating Trust Fund to
324pay salaries and benefits. This section expires July 1, 2011.
325 Section 7. In order to implement Specific Appropriations
3261343 and 1344 of the 2010-2011 General Appropriations Act, the
327Department of Legal Affairs is authorized to expend appropriated
328funds in those specific appropriations on the same programs that
329were funded by the department pursuant to specific
330appropriations made in general appropriations acts in previous
331years. This section expires July 1, 2011.
332 Section 8. In order to implement Specific Appropriations
3331245 and 1251 of the 2010-2011 General Appropriations Act,
334paragraph (d) of subsection (4) of section 932.7055, Florida
335Statutes, is amended to read:
336 932.7055 Disposition of liens and forfeited property.-
337 (4) The proceeds from the sale of forfeited property shall
338be disbursed in the following priority:
339 (d) Notwithstanding any other provision of this
340subsection, and for the 2010-2011 2009-2010 fiscal year only,
341the funds in a special law enforcement trust fund established by
342the governing body of a municipality may be expended to
343reimburse the general fund of the municipality for moneys
344advanced from the general fund to the special law enforcement
345trust fund prior to October 1, 2001. This paragraph expires July
3461, 2011 2010.
347 Section 9. In order to implement Specific Appropriations
3483238 through 3260 of the 2010-2011 General Appropriations Act,
349the Office of State Courts Administrator, with the assistance of
350the clerks of the court and the Florida Association of Clerks
351and Comptrollers, shall report by February 15, 2011, to the
352chairs of the Senate Policy and Steering Committee on Ways and
353Means and the House Full Appropriations Council on Education and
354Economic Development, the number of assigned new and reopened
355cases and the number of cases closed by each judge in each
356division and circuit for the period January 1, 2010, through
357December 31, 2010.
358 Section 10. In order to implement section 7 of the 2010-
3592011 General Appropriations Act, paragraph (c) is added to
360subsection (4) of section 29.008, Florida Statutes, to read:
361 29.008 County funding of court-related functions.-
362 (4)
363 (c) Counties are exempt from all requirements and
364provisions of paragraph (a) for the 2010-2011 fiscal year.
365Accordingly, for the 2010-2011 fiscal year, counties shall
366maintain, but are not required to increase, their expenditures
367for the items specified in paragraphs (1)(a)-(h) and subsection
368(3). The requirements described in paragraph (a) shall be
369reinstated beginning with the 2011-2012 fiscal year. This
370paragraph expires July 1, 2011.
371 Section 11. (1) In order to implement Specific
372Appropriations 1119, 1120, 1125, 1126, 1167, 1168, 1172, 1173,
3731175, 1178, 1179, 1182 through 1185, 1194, and 1199 of the 2010-
3742011 General Appropriations Act, the Department of Juvenile
375Justice must comply with the following reimbursement
376limitations:
377 (a) No payment to a hospital or a health care provider may
378exceed 110 percent of the Medicare allowable rate for any health
379care services provided if no contract exists between the
380department and either the hospital or the health care provider
381providing services at a hospital;
382 (b) The department may continue to make payments for
383health care services at the currently contracted rates through
384the current term of the contract if a contract has been executed
385between the department and a hospital or a health care provider
386providing services to a hospital; however, no payments may
387exceed 110 percent of the Medicare allowable rate after the
388current term of the contract expires or after the contract is
389renewed during the 2010-2011 fiscal year;
390 (c) Payments may not exceed 110 percent of the Medicare
391allowable rate under a contract executed on or after July 1,
3922010, between the department and a hospital or health care
393provider providing services at a hospital;
394 (d) Notwithstanding the limitations of paragraphs (a),
395(b), and (c), the department may pay up to 125 percent of the
396Medicare allowable rate for health care services at a hospital
397that reports or has reported a negative operating margin for the
398previous fiscal year to the Agency for Health Care
399Administration through hospital-audited financial data; and
400 (e) The department may not execute a contract for health
401care services at hospitals for rates other than rates based on a
402percentage of the Medicare allowable rate.
403 (2) For purposes of this section, the term "hospital"
404means any hospital licensed under chapter 395, Florida Statutes.
405 (3) This section expires July 1, 2011.
406 Section 12. In order to implement Specific Appropriations
4073214 through 3216, 3218, 3222, and 3245A of the 2010-2011
408General Appropriations Act, subsection (3) is added to section
40944.108, Florida Statutes, to read:
410 44.108 Funding of mediation and arbitration.-
411 (3) For the 2010-2011 fiscal year only and notwithstanding
412any other provision of law to the contrary, moneys in the
413Mediation and Arbitration Trust Fund may be used as specified in
414the General Appropriations Act. This subsection expires July 1,
4152011.
416 Section 13. In order to implement Specific Appropriations
417324 through 355 of the 2010-2011 General Appropriations Act,
418paragraphs (b) and (c) of subsection (3) of section 394.908,
419Florida Statutes, are amended to read:
420 394.908 Substance abuse and mental health funding equity;
421distribution of appropriations.-In recognition of the historical
422inequity in the funding of substance abuse and mental health
423services for the department's districts and regions and to
424rectify this inequity and provide for equitable funding in the
425future throughout the state, the following funding process shall
426be used:
427 (3)
428 (b) Notwithstanding paragraph (a) and for the 2010-2011
4292009-2010 fiscal year only, funds appropriated for forensic
430mental health treatment services shall be allocated to the areas
431of the state having the greatest demand for services and
432treatment capacity. This paragraph expires July 1, 2011 2010.
433 (c) Notwithstanding paragraph (a) and for the 2010-2011
4342009-2010 fiscal year only, additional funds appropriated for
435substance abuse and mental health services from funds available
436through the Community-Based Medicaid Administrative Claiming
437Program shall be allocated as provided in the 2010-2011 2009-
4382010 General Appropriations Act and in proportion to contributed
439provider earnings. This paragraph expires July 1, 2011 2010.
440 Section 14. In order to implement Specific Appropriation
441486 of the 2010-2011 General Appropriations Act, and for the
4422010-2011 fiscal year only, the following requirements shall
443govern Phase 2 of the Department of Health's Florida Onsite
444Sewage Nitrogen Reduction Strategies Study:
445 (1) The underlying contract for which the study was let
446shall remain in full force and effect with the Department of
447Health and funding the contract for Phase 2 of the study shall
448be through the Department of Health.
449 (2) The Department of Health, the Department of Health's
450Research Review and Advisory Committee, and the Department of
451Environmental Protection shall work together to provide the
452necessary technical oversight of Phase 2 of the project, with
453the Department of Environmental Protection having maximum
454technical input.
455 (3) Management and oversight of Phase 2 shall be
456consistent with the terms of the existing contract; however, the
457main focus and priority for work to be completed for Phase 2
458shall be in developing, testing, and recommending cost-effective
459passive technology design criteria for nitrogen reduction.
460 (4) The systems installed at actual home sites are
461experimental in nature and shall be installed with significant
462field testing and monitoring. The Department of Health is
463specifically authorized to allow installation of these
464experimental systems. In addition, before Phase 2 of the study
465is complete and notwithstanding any law to the contrary, a state
466agency may not adopt or implement a rule or policy that:
467 (a) Mandates, establishes, or implements any new nitrogen-
468reduction standards that apply to existing or new onsite sewage
469treatment systems or modification of such systems;
470 (b) Increases the cost of treatment for nitrogen reduction
471from onsite sewage treatment systems; or
472 (c) Directly requires or has the indirect effect of
473requiring, for nitrogen reduction, the use of performance-based
474treatment systems or any similar technology; provided the
475Department of Environmental Protection administrative orders
476recognizing onsite system modifications, developed through a
477basin management action plan adopted pursuant to section
478403.067, Florida Statutes, are not subject to the above
479restrictions where implementation of onsite system modifications
480are phased in after completion of Phase 2, except that no onsite
481system modification developed in a basin management action plan
482shall directly or indirectly require the installation of
483performance-based treatment systems.
484 Section 15. Effective June 29, 2010, in order to implement
485Specific Appropriation 270 through 375 of the 2010-2011 General
486Appropriations Act, subsection (3) of section 1 of chapter 2007-
487174, Laws of Florida, is amended to read:
488 Section 1. Flexibility for the Department of Children and
489Family Services.-
490 (3) This section expires July 1, 2011 June 30, 2008.
491 Section 16. In order to implement Specific Appropriation
492568A of the 2010-2011 General Appropriations Act,
493notwithstanding the provisions of s. 216.177, Florida Statutes,
494requiring only 3 days' notice to the Legislature for the release
495of funds, budget amendments recommending the release of funds
496appropriated in Specific Appropriation 568A shall be provided at
497least 14 days before the effective date of the action and shall
498be subject to the objection procedures in s. 216.177(2)(b),
499Florida Statutes.
500 Section 17. In order to implement section 114 of the 2010-
5012011 General Appropriations Act, the Florida Catastrophic Storm
502Risk Management Center at Florida State University shall conduct
503the analysis as originally required in section 164 of chapter
5042004-390, Laws of Florida. Notwithstanding section 164 of
505chapter 2004-390, Laws of Florida, the Florida Catastrophic
506Storm Risk Management Center at Florida State University is
507directed to use the most recent and available premium data for
508personal lines property and casualty insurance in completing the
509analysis.
510 Section 18. In order to implement Specific Appropriation
5113055P of the 2010-2011 General Appropriations Act, subsection
512(3) of section 218.12, Florida Statutes, is amended to read:
513 218.12 Appropriations to offset reductions in ad valorem
514tax revenue in fiscally constrained counties.-
515 (3) In determining the reductions in ad valorem tax
516revenues occurring as a result of the implementation of the
517revisions to Art. VII of the State Constitution approved in the
518special election held on January 29, 2008, the value of
519assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
520State Constitution shall include only the reduction in taxable
521value for homesteads established January 1, 2010 2009.
522 Section 19. The amendment to s. 218.12(3), Florida
523Statutes, made by this act shall expire July 1, 2011, and the
524text of that subsection shall revert to that in existence on
525June 30, 2009, except that any amendments to such text enacted
526other than by this act shall be preserved and continue to
527operate to the extent that such amendments are not dependent
528upon the portions of such text which expire pursuant to this
529section.
530 Section 20. In order to implement Specific Appropriation
5312838 of the 2010-2011 General Appropriations Act, paragraph (b)
532of subsection (1) of section 255.518, Florida Statutes, is
533reenacted to read:
534 255.518 Obligations; purpose, terms, approval,
535limitations.-
536 (1)
537 (b) Payment of debt service charges on obligations during
538the construction of any facility financed by such obligations
539shall be made from funds other than proceeds of obligations.
540 Section 21. The amendment to s. 255.518(1)(b), Florida
541Statutes, as carried forward by this act from chapters 2008-153
542and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
543text of that paragraph shall revert to that in existence on June
54430, 2008, except that any amendments to such text enacted other
545than by this act shall be preserved and continue to operate to
546the extent that such amendments are not dependent upon the
547portions of such text which expire pursuant to this section.
548 Section 22. In order to implement Specific Appropriations
5492821 through 2835 of the 2010-2011 General Appropriations Act,
550paragraph (b) of subsection (7) of section 255.503, Florida
551Statutes, is amended to read:
552 255.503 Powers of the Department of Management Services.-
553The Department of Management Services shall have all the
554authority necessary to carry out and effectuate the purposes and
555provisions of this act, including, but not limited to, the
556authority to:
557 (7)
558 (b) No later than the date upon which the department
559recommends to the Division of State Lands of the Department of
560Environmental Protection the disposition of any facility within
561the Florida Facilities Pool, the department shall provide to the
562President of the Senate, the Speaker of the House of
563Representatives, the Executive Office of the Governor, and the
564Division of Bond Finance of the State Board of Administration an
565analysis that includes:
566 1. The cost benefit of the proposed facility disposition,
567including the facility's current operating expenses, condition,
568and market value, and viable alternatives for work space for
569impacted state employees.
570 2. The effect of the proposed facility disposition on the
571financial status of the Florida Facilities Pool, including the
572effect on rental rates and coverage requirement for the bonds.
573
574This paragraph expires July 1, 2011 2010.
575 Section 23. Notwithstanding any provision in chapter 287,
576Florida Statutes, to the contrary, the Department of Management
577Services shall issue, by January 1, 2011, a solicitation for
578office supplies and subsequently award a multiple-supplier
579contract with at least three awarded vendors.
580 Section 24. In order to implement Specific Appropriations
5812379 through 2401 of the 2010-2011 General Appropriations Act,
582subsection (14) of section 253.034, Florida Statutes, is amended
583to read:
584 253.034 State-owned lands; uses.-
585 (14) Notwithstanding the provisions of this section, funds
586derived from the sale of property by the Department of Citrus'
587property Citrus located in Lakeland, Florida, are authorized to
588be deposited into the Citrus Advertising Trust Fund. This
589subsection expires July 1, 2011 2010.
590 Section 25. In order to implement Specific Appropriations
5911651, 1763, 1789, and 1790 of the 2010-2011 General
592Appropriations Act, paragraph (b) of subsection (3) of section
593375.041, Florida Statutes, is amended to read:
594 375.041 Land Acquisition Trust Fund.-
595 (3)
596 (b) In addition to the uses allowed in paragraph (a), for
597the 2010-2011 2008-2009 fiscal year, moneys in the Land
598Acquisition Trust Fund are authorized for transfer to support
599the Clean Water State Revolving Fund, the Drinking Water State
600Revolving Fund, the Total Maximum Daily Loads programs, and the
601Marine Spatial Planning programs the Ecosystem Management and
602Restoration Trust Fund for grants and aids to local governments
603for water projects as provided in the General Appropriations
604Act. This paragraph expires July 1, 2011 2009.
605 Section 26. In order to implement Specific Appropriations
6061389 and 1692 of the 2010-2011 General Appropriations Act,
607subsection (12) of section 373.59, Florida Statutes, is amended
608to read:
609 373.59 Water Management Lands Trust Fund.-
610 (12) Notwithstanding the provisions of subsection (8), and
611for the 2010-2011 2009-2010 fiscal year only, the moneys from
612the Water Management Lands Trust Fund shall be allocated as
613follows:
614 (a) An amount necessary to pay debt service on bonds
615issued before February 1, 2009, by the South Florida Water
616Management District and the St. Johns River Water Management
617District, which are secured by revenues provided pursuant to
618this section, or to fund debt service reserve funds, rebate
619obligations, or other amounts payable with respect to such
620bonds;
621 (b) Eight million dollars to be transferred to the General
622Revenue Fund; and
623 (c) The remaining funds to be distributed equally between
624the Suwannee River Water Management District and the Northwest
625Florida Water Management District; and
626 (d) For the 2010-2011 fiscal year only, the sum of $50,000
627from the Water Management Lands Trust Fund shall be transferred
628to the General Inspection Trust Fund in the Department of
629Agriculture and Consumer Services for the soil and water
630conservation districts for support services.
631
632This subsection expires July 1, 2011 2010.
633 Section 27. In order to implement Specific Appropriations
6341765, 1766, 1767, 1769, and 1769A of the 2010-2011 General
635Appropriations Act, paragraph (g) of subsection (1) of section
636403.1651, Florida Statutes, is reenacted to read:
637 403.1651 Ecosystem Management and Restoration Trust Fund.-
638 (1) There is created the Ecosystem Management and
639Restoration Trust Fund to be administered by the Department of
640Environmental Protection for the purposes of:
641 (g) Funding activities to preserve and repair the state's
642beaches as provided in ss. 161.091-161.212.
643 Section 28. The amendment to s. 403.1651(1)(g), Florida
644Statutes, as carried forward by this act from chapter 2009-82,
645Laws of Florida, shall expire July 1, 2011, and the text of that
646subsection shall revert to that in existence on June 30, 2009,
647except that any amendments to such text enacted other than by
648this act shall be preserved and continue to operate to the
649extent that such amendments are not dependent upon the portions
650of such text which expire pursuant to this section.
651 Section 29. In order to implement Specific Appropriations
6521456, 1473, 1491A, and 1493B of the 2010-2011 General
653Appropriations Act, subsection (3) is added to section 403.1651,
654Florida Statutes, to read:
655 403.1651 Ecosystem Management and Restoration Trust Fund.-
656 (3) For the 2010-2011 fiscal year only, moneys in the
657Ecosystems Management and Restoration Trust Fund are authorized
658for transfer to the General Inspection Trust Fund in the
659Department of Agriculture and Consumer Services for the Farm
660Share, Food Banks, and Mosquito Control programs, and the
661Technological Research and Development Authority. This
662subsection expires July 1, 2011.
663 Section 30. In order to implement Specific Appropriations
6641378 through 1538 of the 2010-2011 General Appropriations Act,
665subsection (2) of section 570.20, Florida Statutes, is amended
666to read:
667 570.20 General Inspection Trust Fund.-
668 (2) For the 2010-2011 2009-2010 fiscal year only and
669notwithstanding any other provision of law to the contrary, in
670addition to the spending authorized in subsection (1), moneys in
671the General Inspection Trust Fund may be appropriated for
672programs operated by the department which are related to the
673programs authorized by this chapter. This subsection expires
674July 1, 2011 2010.
675 Section 31. In order to implement Specific Appropriation
6761833 of the 2010-2011 General Appropriations Act, subsection (7)
677of section 403.7095, Florida Statutes, is amended to read:
678 403.7095 Solid waste management grant program.-
679 (7) Notwithstanding any provision of this section to the
680contrary, and for the 2010-2011 2009-2010 fiscal year only, the
681Department of Environmental Protection shall award the sum of
682$2,400,000 $2,600,000 in grants equally to counties having
683populations of fewer than 100,000 for waste tire and litter
684prevention, recycling education, and general solid waste
685programs. This subsection expires July 1, 2011 2010.
686 Section 32. In order to implement Specific Appropriation
6871490 of the 2010-2011 General Appropriations Act and to provide
688consistency and continuity in the promotion of agriculture
689throughout the state, notwithstanding s. 287.057, Florida
690Statutes, the Department of Agriculture and Consumer Services,
691at its discretion, may extend, revise, and renew current
692contracts or agreements created or entered into pursuant to
693chapter 2006-25, Laws of Florida. This section expires July 1,
6942011.
695 Section 33. In order to implement Specific Appropriation
6962125 of the 2010-2011 General Appropriations Act, subsection (5)
697of section 339.135, Florida Statutes, is amended to read:
698 339.135 Work program; legislative budget request;
699definitions; preparation, adoption, execution, and amendment.-
700 (5) ADOPTION OF THE WORK PROGRAM.-
701 (a) The original approved budget for operational and fixed
702capital expenditures for the department shall be the Governor's
703budget recommendation and the first year of the tentative work
704program, as both are amended by the General Appropriations Act
705and any other act containing appropriations. In accordance with
706the appropriations act, the department shall, prior to the
707beginning of the fiscal year, adopt a final work program which
708shall only include the original approved budget for the
709department for the ensuing fiscal year together with any roll
710forwards approved pursuant to paragraph (6)(c) and the portion
711of the tentative work program for the following 4 fiscal years
712revised in accordance with the original approved budget for the
713department for the ensuing fiscal year together with said roll
714forwards. The adopted work program may include only those
715projects submitted as part of the tentative work program
716developed under the provisions of subsection (4) plus any
717projects which are separately identified by specific
718appropriation in the General Appropriations Act and any roll
719forwards approved pursuant to paragraph (6)(c). However, any
720transportation project of the department which is identified by
721specific appropriation in the General Appropriations Act shall
722be deducted from the funds annually distributed to the
723respective district pursuant to paragraph (4)(a). In addition,
724the department shall not in any year include any project or
725allocate funds to a program in the adopted work program that is
726contrary to existing law for that particular year. Projects
727shall not be undertaken unless they are listed in the adopted
728work program.
729 (b) Notwithstanding paragraph (a), and for the 2010-2011
7302009-2010 fiscal year only, the Department of Transportation
731shall transfer funds to the Office of Tourism, Trade, and
732Economic Development in an amount equal to $20,300,000 for the
733purpose of funding transportation-related needs of economic
734development projects. This transfer shall not reduce, delete, or
735defer any existing projects funded, as of July 1, 2009, in the
736Department of Transportation's 5-year work program. This
737paragraph expires July 1, 2011 2010.
738 Section 34. In order to implement Specific Appropriation
7392672 and section 72 of the 2010-2011 General Appropriations Act,
740funds appropriated out of the Economic Development
741Transportation Trust Fund may be used for economic development
742infrastructure projects and other economic development projects;
743for improvements to other launch complexes and space
744transportation facilities in order to attract new space vehicle
745testing and launch business to the state; for addressing
746intermodal requirements and impacts of the launch ranges,
747spaceports, and other space transportation facilities; for
748advancing aerospace technology to meet the current and future
749needs of the United States commercial space transportation
750industry; and for assisting in the development of joint-use
751facilities and technology that support aviation and aerospace
752operations, including high altitude and suborbital flights and
753range technology development. This section expires July 1, 2011.
754 Section 35. In order to implement sections 2 through 7 of
755the 2010-2011 General Appropriations Act, subsection (5) of
756section 216.292, Florida Statutes, is amended to read:
757 216.292 Appropriations nontransferable; exceptions.-
758 (5)(a) A transfer of funds may not result in the
759initiation of a fixed capital outlay project that has not
760received a specific legislative appropriation.
761 (b) Notwithstanding paragraph (a), and for the 2010-2011
7622009-2010 fiscal year only, the Governor may recommend the
763initiation of fixed capital outlay projects funded by grants
764awarded by the Federal Government through the American Recovery
765and Reinvestment Act of 2009 or by any other federal economic
766stimulus grant funding received. All actions taken pursuant to
767the authority granted in the paragraph are subject to review and
768approval by the Legislative Budget Commission. This paragraph
769expires July 1, 2011 2010.
770 Section 36. In order to implement sections 2 through 7 of
771the 2010-2011 General Appropriations Act, the Executive Office
772of the Governor is authorized to transfer funds appropriated for
773the American Recovery and Reinvestment Act of 2009 (ARRA) in
774traditional appropriation categories in the 2010-2011 General
775Appropriations Act to appropriation categories established for
776the specific purpose of tracking funds appropriated for the
777ARRA. This section expires July 1, 2011.
778 Section 37. In order to implement section 76 of the 2010-
7792011 General Appropriations Act, paragraph (n) of subsection (1)
780of section 339.08, Florida Statutes, is amended to read:
781 339.08 Use of moneys in State Transportation Trust Fund.-
782 (1) The department shall expend moneys in the State
783Transportation Trust Fund accruing to the department, in
784accordance with its annual budget. The use of such moneys shall
785be restricted to the following purposes:
786 (n) To pay administrative expenses incurred in accordance
787with applicable laws for a multicounty transportation or
788expressway authority created under chapter 343 or chapter 348,
789where jurisdiction for the authority includes a portion of the
790State Highway System and the administrative expenses are in
791furtherance of the duties and responsibilities of the authority
792in the development of improvements to the State Highway System.
793This paragraph expires July 1, 2011 2010.
794 Section 38. In order to implement Specific Appropriation
7952112 of the 2010-2011 General Appropriations Act, paragraph (p)
796of subsection (1) of section 339.08, Florida Statutes, is
797amended to read:
798 339.08 Use of moneys in State Transportation Trust Fund.-
799 (1) The department shall expend moneys in the State
800Transportation Trust Fund accruing to the department, in
801accordance with its annual budget. The use of such moneys shall
802be restricted to the following purposes:
803 (p) To pay for county and school district transportation
804infrastructure improvements. This paragraph expires July 1, 2011
8052010.
806 Section 39. In order to implement section 129 of the 2010-
8072011 General Appropriations Act, subsection (4) of section
808339.08, Florida Statutes, is amended to read:
809 339.08 Use of moneys in State Transportation Trust Fund.-
810 (4) For the 2010-2011 2009-2010 fiscal year only and
811notwithstanding the provisions of this section and ss. 339.09(1)
812and 215.32(2)(b)4., funds may be transferred from the State
813Transportation Trust Fund to the General Revenue Fund as
814specified in the General Appropriations Act. Notwithstanding ss.
815206.46(3) and 206.606(2), the total amount transferred shall be
816reduced from total state revenues deposited into the State
817Transportation Trust Fund for the calculation requirements of
818ss. 206.46(3) and 206.606(2). This subsection expires July 1,
8192011 2010.
820 Section 40. In order to implement section 54 of the 2010-
8212011 General Appropriations Act, subsection (11) of section
822445.009, Florida Statutes, is amended to read:
823 445.009 One-stop delivery system.-
824 (11)(a) A participant in an adult or youth work experience
825activity administered under this chapter shall be deemed an
826employee of the state for purposes of workers' compensation
827coverage. In determining the average weekly wage, all
828remuneration received from the employer shall be considered a
829gratuity, and the participant shall not be entitled to any
830benefits otherwise payable under s. 440.15, regardless of
831whether the participant may be receiving wages and remuneration
832from other employment with another employer and regardless of
833his or her future wage-earning capacity.
834 (b) This subsection expires July 1, 2011 2010.
835 Section 41. In order to implement Specific Appropriations
8361557 through 1560 of the 2010-2011 General Appropriations Act,
837paragraph (d) of subsection (3) of section 163.3247, Florida
838Statutes, is amended to read:
839 163.3247 Century Commission for a Sustainable Florida.-
840 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
841CREATION; ORGANIZATION.-The Century Commission for a Sustainable
842Florida is created as a standing body to help the citizens of
843this state envision and plan their collective future with an eye
844towards both 25-year and 50-year horizons.
845 (d) Members of the commission shall serve without
846compensation but shall be entitled to receive per diem and
847travel expenses in accordance with s. 112.061 while in
848performance of their duties.
849 Section 42. The amendment to s. 163.3247(3)(d), Florida
850Statutes, made by this act shall expire July 1, 2011, and the
851text of that paragraph shall revert to that in existence on June
85230, 2010, except that any amendments to such text enacted other
853than by this act shall be preserved and continue to operate to
854the extent that such amendments are not dependent upon the
855portions of such text which expire pursuant to this section.
856 Section 43. In order to implement Specific Appropriations
8571557 through 1560 of the 2010-2011 General Appropriations Act,
858paragraph (c) of subsection (1) of section 201.15, Florida
859Statutes, as amended by section 2 of chapter 2009-271, Laws of
860Florida, is amended to read:
861 201.15 Distribution of taxes collected.-All taxes
862collected under this chapter are subject to the service charge
863imposed in s. 215.20(1). Prior to distribution under this
864section, the Department of Revenue shall deduct amounts
865necessary to pay the costs of the collection and enforcement of
866the tax levied by this chapter. Such costs and the service
867charge may not be levied against any portion of taxes pledged to
868debt service on bonds to the extent that the costs and service
869charge are required to pay any amounts relating to the bonds.
870After distributions are made pursuant to subsection (1), all of
871the costs of the collection and enforcement of the tax levied by
872this chapter and the service charge shall be available and
873transferred to the extent necessary to pay debt service and any
874other amounts payable with respect to bonds authorized before
875January 1, 2010, secured by revenues distributed pursuant to
876subsection (1). All taxes remaining after deduction of costs and
877the service charge shall be distributed as follows:
878 (1) Sixty-three and thirty-one hundredths percent of the
879remaining taxes shall be used for the following purposes:
880 (c) After the required payments under paragraphs (a) and
881(b), the remainder shall be paid into the State Treasury to the
882credit of:
883 1. The State Transportation Trust Fund in the Department
884of Transportation in the amount of the lesser of 38.2 percent of
885the remainder or $541.75 million in each fiscal year, to be used
886for the following specified purposes, notwithstanding any other
887law to the contrary:
888 a. For the purposes of capital funding for the New Starts
889Transit Program, authorized by Title 49, U.S.C. s. 5309 and
890specified in s. 341.051, 10 percent of these funds;
891 b. For the purposes of the Small County Outreach Program
892specified in s. 339.2818, 5 percent of these funds. Effective
893July 1, 2014, the percentage allocated under this sub-
894subparagraph shall be increased to 10 percent;
895 c. For the purposes of the Strategic Intermodal System
896specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
897of these funds after allocating for the New Starts Transit
898Program described in sub-subparagraph a. and the Small County
899Outreach Program described in sub-subparagraph b.; and
900 d. For the purposes of the Transportation Regional
901Incentive Program specified in s. 339.2819, 25 percent of these
902funds after allocating for the New Starts Transit Program
903described in sub-subparagraph a. and the Small County Outreach
904Program described in sub-subparagraph b. Effective July 1, 2014,
905the first $60 million of the funds allocated pursuant to this
906sub-subparagraph shall be allocated annually to the Florida Rail
907Enterprise for the purposes established in s. 341.303(5).
908 2. The Grants and Donations Trust Fund in the Department
909of Community Affairs in the amount of the lesser of .23 percent
910of the remainder or $3.25 million in each fiscal year, with 92
911percent to be used to fund technical assistance to local
912governments and school boards on the requirements and
913implementation of this act and the remaining amount to be used
914to fund the Century Commission established in s. 163.3247.
915 3. The Ecosystem Management and Restoration Trust Fund in
916the amount of the lesser of 2.12 percent of the remainder or $30
917million in each fiscal year, to be used for the preservation and
918repair of the state's beaches as provided in ss. 161.091-
919161.212.
920 4. General Inspection Trust Fund in the amount of the
921lesser of .02 percent of the remainder or $300,000 in each
922fiscal year to be used to fund oyster management and restoration
923programs as provided in s. 379.362(3).
924
925Moneys distributed pursuant to this paragraph may not be pledged
926for debt service unless such pledge is approved by referendum of
927the voters.
928 Section 44. The amendment to s. 201.15(1)(c)2., Florida
929Statutes, made by this act shall expire July 1, 2011, and the
930text of that subparagraph shall revert to that in existence on
931June 30, 2010, except that any amendments to such text enacted
932other than by this act shall be preserved and continue to
933operate to the extent that such amendments are not dependent
934upon the portions of such text which expire pursuant to this
935section.
936 Section 45. In order to implement Specific Appropriations
9371617 and 1615A of the 2010-2011 General Appropriations Act,
938subsection (8) of section 215.559, Florida Statutes, is amended
939to read:
940 215.559 Hurricane Loss Mitigation Program.-
941 (8)(a) Notwithstanding any other provision of this section
942and for the 2010-2011 2008-2009 fiscal year only, the $3 $10
943million appropriation provided for in subsection (2)(b) may be
944used for hurricane shelters as identified in the General
945Appropriations Act. (1) shall be allocated as follows:
946 1. The sum of $2.8 million shall be used to inspect and
947improve tie-downs for mobile homes for the same purpose as
948specified in paragraph (3)(a).
949 2. The sum of $700,000 shall be allocated to the Florida
950International University for the same purpose as specified in
951subsection (4).
952 3. The sum of $6,421,764 shall be used to install
953emergency power generators in special-needs hurricane evacuation
954shelters as provided in s. 1, ch. 2006-71, Laws of Florida,
955except that such funds may not be used for administrative
956purposes.
957 4. The sum of $78,236 shall be allocated for operational
958purposes of the department as specified in the 2008-2009 General
959Appropriations Act.
960 (b) This subsection expires June 30, 2011 July 1, 2009.
961 Section 46. In order to implement Specific Appropriation
9622072 of the 2010-2011 General Appropriations Act, subsection (8)
963of section 332.007, Florida Statutes, is reenacted to read:
964 332.007 Administration and financing of aviation and
965airport programs and projects; state plan.-
966 (8) Notwithstanding any other provision of law to the
967contrary, the department is authorized to fund security
968projects, including operational and maintenance assistance, at
969publicly owned public-use airports. For projects in the current
970adopted work program, or projects added using the available
971budget of the department, airports may request the department
972change the project purpose in accordance with this provision
973notwithstanding the provisions of s. 339.135(7). For purposes of
974this subsection, the department may fund up to 100 percent of
975eligible project costs that are not funded by the Federal
976Government. This subsection shall expire on June 30, 2012.
977 Section 47. The amendment to s. 332.007(8), Florida
978Statutes, as carried forward by this act from chapter 2009-82,
979Laws of Florida, shall expire July 1, 2011, and the text of that
980subsection shall revert to that in existence on June 30, 2009,
981except that any amendments to such text enacted other than by
982this act shall be preserved and continue to operate to the
983extent that such amendments are not dependent upon the portions
984of such text which expire pursuant to this section.
985 Section 48. In order to implement Specific Appropriation
9862651 of the 2010-2011 General Appropriations Act, the Florida
987Major Performing Arts Center Task Force is created as follows:
988 (1) The Florida Major Performing Arts Center Task Force is
989created for the purpose of defining and evaluating the economic
990impact of Florida's largest nonprofit and publically operated
991performing arts centers, determining an impact threshold for
992qualification as a Florida Major Performing Arts Center, and
993making recommendations for dedicated state funding and policy
994for support based on these findings.
995 (2) The task force shall consist of nine members as
996follows:
997 (a) The Secretary of State or his or her designee.
998 (b) The director of the Office of Tourism, Trade, and
999Economic Development or his or her designee.
1000 (c) A representative from Enterprise Florida, Inc.
1001 (d) A representative from the Florida Tourism Industry
1002Marketing Corporation.
1003 (e) Five members chosen from among the cultural community
1004leadership in each region of the state in which major performing
1005arts centers are located, of whom:
1006 1. One member shall be appointed by the Governor.
1007 2. Two members shall be appointed by the Speaker of the
1008House of Representatives.
1009 3. Two members shall be appointed by the President of the
1010Senate.
1011 (3) The members of the task force shall elect a chair and
1012vice chair from among its membership. The chair shall preside at
1013all meetings of the task force.
1014 (4) The task force shall meet at the call of the chair or
1015at the request of the majority of its membership to undertake
1016and complete its purpose. The task force may conduct its
1017meetings through teleconferences or other similar means.
1018 (5) The task force shall submit a final report of its
1019findings and recommendations to the Governor, the Speaker of the
1020House of Representatives, and the President of the Senate no
1021later than December 31, 2010.
1022 (6) Staffing for the task force shall be provided by the
1023Office of Tourism, Trade, and Economic Development.
1024 (7) The task force shall terminate upon delivery of the
1025report.
1026 Section 49. In order to implement Specific Appropriation
10272214, and associated proviso, of the 2010-2011 General
1028Appropriations Act, subsections (10) and (11) are added to
1029section 445.007, Florida Statutes, to read:
1030 445.007 Regional workforce boards.-
1031 (10) State and federal funds provided to the regional
1032workforce boards may not be used directly or indirectly to pay
1033for meals, food, or beverages for board members, staff, or
1034employees of regional workforce boards, Workforce Florida, Inc.
1035or the Agency for Workforce Innovation except as expressly
1036authorized by state law. Preapproved, reasonable, and necessary
1037per diem allowances and travel expenses may be reimbursed. Such
1038reimbursement shall be at the standard travel reimbursement
1039rates established in s. 112.061 and shall be in compliance with
1040all applicable federal and state requirements. Workforce
1041Florida, Inc. shall develop a statewide fiscal policy applicable
1042to the state board and all regional workforce boards, to hold
1043both the state and regional boards strictly accountable for
1044adherence to the policy and subject to regular and periodic
1045monitoring by the Agency for Workforce Innovation, the
1046administrative entity for Workforce Florida, Inc. Boards are
1047prohibited from expending state or federal funds for
1048entertainment costs and recreational activities for board
1049members and employees as these terms are defined by 2 C.F.R.
1050part 230. This subsection expires July 1, 2011.
1051 (11) To increase transparency and accountability, regional
1052workforce boards shall comply with the requirements of this
1053section before contracting with a member of the regional
1054workforce board. Such contracts shall not be executed before or
1055without the approval of Workforce Florida, Inc. Such contracts,
1056as well as documentation demonstrating adherence to this section
1057as specified by Workforce Florida, Inc. must be submitted to the
1058Agency for Workforce Innovation for review and recommendation
1059according to criteria to be determined by Workforce Florida,
1060Inc. Contracts between relatives, as defined in s.
1061112.3143(1)(b), of a board member or employee of a board must be
1062approved by a two-thirds vote of the entire board; all conflicts
1063must be disclosed prior to the vote; and any member who may
1064benefit from the contract, or whose relative may benefit from
1065the contract, must abstain from the vote and the contract must
1066be reviewed and approved as stated above. Contracts under
1067$25,000 between a regional workforce board and a member of that
1068board or between relatives, as defined in s. 112.3143(1)(b), of
1069a board member or employees of a board are exempt from the
1070review and recommendation process but must be approved by a two-
1071thirds vote of the entire board and must be reported to the
1072Agency for Workforce Innovation and Workforce Florida, Inc.
1073within 30 days after approval. If a contract cannot be approved
1074by Workforce Florida, Inc. a review of the decision to
1075disapprove the contract may be requested by the regional
1076workforce board or other parties to the disapproved contract.
1077This subsection expires July 1, 2011.
1078 Section 50. In order to implement Specific Appropriations
10792071 through 2083, 2090 through 2094, 2110 through 2117, 2119
1080through 2129, and 2169 through 2179 and section 129 of the 2010-
10812011 General Appropriations Act, subsection (3) is added to
1082section 206.608, Florida Statutes, to read:
1083 206.608 State Comprehensive Enhanced Transportation System
1084Tax; deposit of proceeds; distribution.- Moneys received
1085pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited
1086in the Fuel Tax Collection Trust Fund, and, after deducting the
1087service charge imposed in chapter 215 and administrative costs
1088incurred by the department in collecting, administering,
1089enforcing, and distributing the tax, which administrative costs
1090may not exceed 2 percent of collections, shall be distributed as
1091follows:
1092 (3) For the 2010-2011 fiscal year only, and
1093notwithstanding the provisions of subsection (2), the remaining
1094proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
1095of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
1096transferred into the State Transportation Trust Fund and shall
1097be used for the purposes stated in s. 339.08. This paragraph
1098expires July 1, 2011.
1099 Section 51. In order to implement Specific Appropriations
11002071 through 2083, 2090 through 2094, 2110 through 2117, 2119
1101through 2129, and 2169 through 2179 and section 129 of the 2010-
11022011 General Appropriations Act, paragraph (a) of subsection (4)
1103of section 339.135, Florida Statutes, is amended, and present
1104paragraphs (a) through (g) of subsection (7) of that section are
1105redesignated as paragraphs (c) through (i), respectively, and
1106new paragraphs (a) and (b) are added to that subsection, to
1107read:
1108 339.135 Work program; legislative budget request;
1109definitions; preparation, adoption, execution, and amendment.-
1110 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
1111 (a)1. To assure that no district or county is penalized
1112for local efforts to improve the State Highway System, the
1113department shall, for the purpose of developing a tentative work
1114program, allocate funds for new construction to the districts,
1115except for the turnpike enterprise, based on equal parts of
1116population and motor fuel tax collections. Funds for
1117resurfacing, bridge repair and rehabilitation, bridge fender
1118system construction or repair, public transit projects except
1119public transit block grants as provided in s. 341.052, and other
1120programs with quantitative needs assessments shall be allocated
1121based on the results of these assessments. The department may
1122not transfer any funds allocated to a district under this
1123paragraph to any other district except as provided in subsection
1124(7). Funds for public transit block grants shall be allocated to
1125the districts pursuant to s. 341.052. Funds for the intercity
1126bus program provided for under s. 5311(f) of the federal
1127nonurbanized area formula program shall be administered and
1128allocated directly to eligible bus carriers as defined in s.
1129341.031(12) at the state level rather than the district. In
1130order to provide state funding to support the intercity bus
1131program provided for under provisions of the federal 5311(f)
1132program, the department shall allocate an amount equal to the
1133federal share of the 5311(f) program from amounts calculated
1134pursuant to s. 206.46(3).
1135 2. Notwithstanding the provisions of subparagraph 1., the
1136department shall allocate at least 50 percent of any new
1137discretionary highway capacity funds to the Florida Strategic
1138Intermodal System created pursuant to s. 339.61. Any remaining
1139new discretionary highway capacity funds shall be allocated to
1140the districts for new construction as provided in subparagraph
11411. For the purposes of this subparagraph, the term "new
1142discretionary highway capacity funds" means any funds available
1143to the department above the prior year funding level for
1144capacity improvements, which the department has the discretion
1145to allocate to highway projects.
1146 3. Notwithstanding subparagraphs subparagraph 1. and 2.
1147and ss. 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and
1148339.2819(3), and for the 2010-2011 2009-2010 fiscal year only,
1149the department shall reduce work program levels to balance the
1150finance plan to the revised funding levels resulting from any
1151reduction in the 2010-2011 2009-2010 General Appropriations Act.
1152This subparagraph expires July 1, 2011 2010.
1153 4. For the 2009-2010 fiscal year only, prior to any
1154project or phase thereof being deferred, the department's cash
1155balances shall be as provided in paragraph (6)(b), and the
1156reductions in subparagraph 3. shall be made to financial
1157projects not programmed for contract letting as identified with
1158a work program contract class code 8 and the box code RV. These
1159reductions shall not negatively impact safety or maintenance or
1160project contingency percentage levels as of April 21, 2009. This
1161subparagraph expires July 1, 2010.
1162 5. Notwithstanding subparagraphs 1. and 2. and ss.
1163206.46(3) and 334.044(26), and for fiscal years 2009-2010
1164through 2013-2014 only, the department shall annually allocate
1165up to $15 million of the first proceeds of the increased
1166revenues estimated by the November 2009 Revenue Estimating
1167Conference to be deposited into the State Transportation Trust
1168Fund to provide for the portion of the transfer of funds
1169included in s. 343.58(4)(a)1.a. or 2.a., whichever is
1170applicable. The transfer of funds included in s. 343.58(4) shall
1171not negatively impact projects included in fiscal years 2009-
11722010 through 2013-2014 of the work program as of July 1, 2009,
1173as amended pursuant to subsection (7). This subparagraph expires
1174July 1, 2014.
1175 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1176 (a) It is the intent of the Legislature that the
1177department maintain fiscal solvency and make prudent use of all
1178available fiscal resources to minimize any project, or phase
1179thereof, from being deferred within the work program. It is
1180further the intent of the Legislature that the department, to
1181the maximum extent feasible, reduce financial projects not
1182programmed for contract letting as identified with a work
1183program contract class code 8 and the box code RV and reduce
1184cash balances to a level that does not impact contracted
1185payments due to payees beyond the requirements of ss. 215.422
1186and 337.141, to balance the finance plan and cash forecast to
1187the revised funding levels resulting from any reduction in the
11882010-2011 General Appropriations Act. This paragraph expires
1189July 1, 2011.
1190 (b) The department shall provide the documents included in
1191subparagraphs 1.-9. to the Legislative Budget Commission when
1192submitting the department's work program amendment to request
1193approval to realign the work program appropriation categories to
1194the General Appropriations Act of 2010-2011 pursuant to s.
1195339.135(7). In addition, any subsequent work program amendment
1196submitted to the Legislative Budget Commission which results in
1197a reduced project commitment level in fiscal year 2010-2011 due
1198to a reduction in state revenues must include the following
1199documents:
1200 1. A proposed finance plan, including an electronic
1201working model, as balanced to the requested work program
1202amendment to realign the work program categories to the General
1203Appropriations Act of 2010-2011, or any other amendments that
1204reduce work program commitments;
1205 2. A proposed cash forecast as balanced to the requested
1206work program amendment to realign the work program categories to
1207the General Appropriations Act of 2010-2011, or any other
1208amendments that reduces work program commitments;
1209 3. An adopted finance plan, as of July 1, 2010, including
1210an electronic working model;
1211 4. An adopted cash forecast, as of July 1, 2010;
1212 5. A complete list of projects, or phases thereof,
1213impacted from the reduced revenues in the 2010-2011 General
1214Appropriations Act for the 2010-2011 through 2014-2015 work
1215program;
1216 6. The department's methodology for identifying projects,
1217or phases thereof, for deferral or deletion for the 2010-2011
1218through 2014-2015 work program;
1219 7. A letter of concurrence or nonconcurrence from the
1220affected metropolitan planning organization or, in
1221nonmetropolitan areas, the board of county commissioners with
1222impacted project selections;
1223 8. A complete list of financial projects not programmed
1224for contract letting as identified with a work program contract
1225class code 8 and the box code RV included in fiscal years 2010-
12262011 through 2014-2015, as of July 1, 2010; and
1227 9. An electronic version of the 5-year work program for
1228the adopted work program dated July 1, 2010, and any subsequent
1229tentative work programs, submitted to the Legislature. This
1230electronic document shall include details by district, county,
1231financial project number, transportation system, work mix,
1232phase, box code, appropriation category, fund code, phase, and
1233fiscal year.
1234
1235This paragraph expires July 1, 2011.
1236 Section 52. In order to implement Specific Appropriations
12372071 through 2083, 2090 through 2094, 2110 through 2117, 2119
1238through 2129, and 2169 through 2179 and section 129 of the 2010-
12392011 General Appropriations Act, subsection (7) is added to
1240section 348.60, Florida Statutes, to read:
1241 348.60 Lease-purchase agreements.-
1242 (7)(a) On or before July 15, 2010, the authority shall pay
1243$19 million to the department to reduce the authority's
1244operation and maintenance liability owed to the department.
1245Effective July 16, 2010, unless the secretary of the department
1246certifies in writing to the Speaker of the House of
1247Representatives, the President of the Senate, and the Secretary
1248of State that such payment has been made, the governance,
1249control, assets, and liabilities of the authority shall transfer
1250to the department. Upon such transfer, the department shall
1251succeed to all powers and responsibilities of the authority, and
1252the operations and maintenance of the expressway system shall be
1253under the control of the department, pursuant to this
1254subsection.
1255 (b) The transfer pursuant to this subsection shall be
1256subject to all terms and covenants provided for the protection
1257of the holders of the Tampa-Hillsborough County Expressway
1258Authority Bonds, Series 2002 and 2005, in the lease-purchase
1259agreement and the resolutions adopted in connection with the
1260issuance of the bonds. Further, the transfer shall not impair
1261the terms of the contract between the authority and the
1262bondholders, shall not act to the detriment of the bondholders,
1263and shall not decrease the credit quality of the bonds. After
1264such transfer, the department shall operate and maintain the
1265expressway system and any other facilities of the authority in
1266accordance with the terms, conditions, and covenants contained
1267in the bond resolutions and lease-purchase agreement securing
1268the bonds of the authority. The department shall collect toll
1269revenues and apply such revenues to the payment of debt service
1270as provided in the bond resolution securing such bonds and
1271expressly assumes all obligations relating to the bonds such
1272that the transfer will have no adverse impact on the security
1273for the bonds of the authority. The transfer shall not modify or
1274eliminate any prior obligation of the department to pay certain
1275costs of the expressway system from sources other than revenues
1276of the expressway system.
1277 (c) The department may provide for the exercise of any
1278powers or responsibilities provided pursuant to this subsection
1279through the Florida Turnpike Enterprise.
1280
1281This subsection expires July 1, 2011.
1282 Section 53. In order to implement the appropriation of
1283funds in Special Categories-Risk Management Insurance of the
12842010-2011 General Appropriations Act, and pursuant to the
1285notice, review, and objection procedures of s. 216.177, Florida
1286Statutes, the Executive Office of the Governor is authorized to
1287transfer funds appropriated in the appropriation category
1288"Special Categories-Risk Management Insurance" of the 2010-2011
1289General Appropriations Act between departments in order to align
1290the budget authority granted with the premiums paid by each
1291department for risk management insurance. This section expires
1292July 1, 2011.
1293 Section 54. In order to implement the appropriation of
1294funds in Special Categories-Transfer to Department of Management
1295Services-Human Resources Services Purchased Per Statewide
1296Contract of the 2010-2011 General Appropriations Act, and
1297pursuant to the notice, review, and objection procedures of s.
1298216.177, Florida Statutes, the Executive Office of the Governor
1299is authorized to transfer funds appropriated in the
1300appropriation category "Special Categories-Transfer to
1301Department of Management Services-Human Resources Services
1302Purchased Per Statewide Contract" of the 2010-2011 General
1303Appropriations Act between departments in order to align the
1304budget authority granted with the assessments that must be paid
1305by each agency to the Department of Management Services for
1306human resource management services. This section expires July 1,
13072011.
1308 Section 55. In order to implement specific appropriations
1309for salaries and benefits in the 2010-2011 General
1310Appropriations Act, paragraph (a) of subsection (12) of section
1311110.123, Florida Statutes, is amended to read:
1312 110.123 State group insurance program.-
1313 (12) HEALTH SAVINGS ACCOUNTS.-The department is authorized
1314to establish health savings accounts for full-time and part-time
1315state employees in association with a health insurance plan
1316option authorized by the Legislature and conforming to the
1317requirements and limitations of federal provisions relating to
1318the Medicare Prescription Drug, Improvement, and Modernization
1319Act of 2003.
1320 (a)1. A member participating in this health insurance plan
1321option shall be eligible to receive an employer contribution
1322into the employee's health savings account from the State
1323Employees Health Insurance Trust Fund in an amount to be
1324determined by the Legislature. A member is not eligible for an
1325employer contribution upon termination of employment. For the
13262010-2011 2009-2010 fiscal year, the state's monthly
1327contribution for employees having individual coverage shall be
1328$41.66 and the monthly contribution for employees having family
1329coverage shall be $83.33.
1330 2. A member participating in this health insurance plan
1331option shall be eligible to deposit the member's own funds into
1332a health savings account.
1333 Section 56. In order to implement section 8 of the 2010-
13342011 General Appropriations Act, paragraph (j) is added to
1335subsection (3) of section 110.123, Florida Statutes, to read:
1336 110.123 State group insurance program.-
1337 (3) STATE GROUP INSURANCE PROGRAM.-
1338 (j) Notwithstanding the provisions of paragraph (f)
1339requiring uniform contributions, and for the 2010-2011 fiscal
1340year only, the state contribution toward the cost of any plan in
1341the state group insurance plan shall be the difference between
1342the overall premium and the employee contribution. This
1343subsection expires June 30, 2011.
1344 Section 57. In order to implement specific appropriations
1345for salaries and benefits in the 2010-2011 General
1346Appropriations Act, paragraph (b) of subsection (3) of section
1347112.24, Florida Statutes, is amended to read:
1348 112.24 Intergovernmental interchange of public employees.-
1349To encourage economical and effective utilization of public
1350employees in this state, the temporary assignment of employees
1351among agencies of government, both state and local, and
1352including school districts and public institutions of higher
1353education is authorized under terms and conditions set forth in
1354this section. State agencies, municipalities, and political
1355subdivisions are authorized to enter into employee interchange
1356agreements with other state agencies, the Federal Government,
1357another state, a municipality, or a political subdivision
1358including a school district, or with a public institution of
1359higher education. State agencies are also authorized to enter
1360into employee interchange agreements with private institutions
1361of higher education and other nonprofit organizations under the
1362terms and conditions provided in this section. In addition, the
1363Governor or the Governor and Cabinet may enter into employee
1364interchange agreements with a state agency, the Federal
1365Government, another state, a municipality, or a political
1366subdivision including a school district, or with a public
1367institution of higher learning to fill, subject to the
1368requirements of chapter 20, appointive offices which are within
1369the executive branch of government and which are filled by
1370appointment by the Governor or the Governor and Cabinet. Under
1371no circumstances shall employee interchange agreements be
1372utilized for the purpose of assigning individuals to participate
1373in political campaigns. Duties and responsibilities of
1374interchange employees shall be limited to the mission and goals
1375of the agencies of government.
1376 (3) Salary, leave, travel and transportation, and
1377reimbursements for an employee of a sending party that is
1378participating in an interchange program shall be handled as
1379follows:
1380 (b)1. The assignment of an employee of a state agency
1381either on detail or on leave of absence may be made without
1382reimbursement by the receiving party for the travel and
1383transportation expenses to or from the place of the assignment
1384or for the pay and benefits, or a part thereof, of the employee
1385during the assignment.
1386 2. For the 2010-2011 2009-2010 fiscal year only, the
1387assignment of an employee of a state agency as provided in
1388subparagraph 1. may be made if recommended by the Governor or
1389Chief Justice, as appropriate, and approved by the chairs of the
1390Senate Policy and Steering Committee on Ways and Means and the
1391House Full Appropriations Council on Education and Economic
1392Development General Government and Health Care. Such actions
1393shall be deemed approved if neither chair provides written
1394notice of objection within 14 days after the chair's receiving
1395notice of the action pursuant to s. 216.177. This subparagraph
1396expires July 1, 2011 2010.
1397 Section 58. In order to implement Specific Appropriations
13982768 and 2769 of the 2010-2011 General Appropriations Act:
1399 (1) Notwithstanding the provisions of s. 11.13(1), Florida
1400Statutes, relating to the annual adjustment of salaries for
1401members of the Legislature, to the contrary, for the 2010-2011
1402fiscal year only, the authorized salaries of members of the
1403Legislature in effect on June 30, 2010, shall be reduced by 7
1404percent.
1405 (2) Effective June 30, 2011, the annual salaries of
1406members of the Legislature shall be set at the amounts
1407authorized and in effect on June 30, 2010, pursuant to
1408subsection (2) of section 48 of chapter 2009-82, Laws of
1409Florida.
1410 (3) This section expires July 1, 2011.
1411 Section 59. In order to implement the transfer of moneys
1412to the General Revenue Fund from trust funds in the 2010-2011
1413General Appropriations Act, paragraph (b) of subsection (2) of
1414section 215.32, Florida Statutes, is reenacted to read:
1415 215.32 State funds; segregation.-
1416 (2) The source and use of each of these funds shall be as
1417follows:
1418 (b)1. The trust funds shall consist of moneys received by
1419the state which under law or under trust agreement are
1420segregated for a purpose authorized by law. The state agency or
1421branch of state government receiving or collecting such moneys
1422shall be responsible for their proper expenditure as provided by
1423law. Upon the request of the state agency or branch of state
1424government responsible for the administration of the trust fund,
1425the Chief Financial Officer may establish accounts within the
1426trust fund at a level considered necessary for proper
1427accountability. Once an account is established within a trust
1428fund, the Chief Financial Officer may authorize payment from
1429that account only upon determining that there is sufficient cash
1430and releases at the level of the account.
1431 2. In addition to other trust funds created by law, to the
1432extent possible, each agency shall use the following trust funds
1433as described in this subparagraph for day-to-day operations:
1434 a. Operations or operating trust fund, for use as a
1435depository for funds to be used for program operations funded by
1436program revenues, with the exception of administrative
1437activities when the operations or operating trust fund is a
1438proprietary fund.
1439 b. Operations and maintenance trust fund, for use as a
1440depository for client services funded by third-party payors.
1441 c. Administrative trust fund, for use as a depository for
1442funds to be used for management activities that are departmental
1443in nature and funded by indirect cost earnings and assessments
1444against trust funds. Proprietary funds are excluded from the
1445requirement of using an administrative trust fund.
1446 d. Grants and donations trust fund, for use as a
1447depository for funds to be used for allowable grant or donor
1448agreement activities funded by restricted contractual revenue
1449from private and public nonfederal sources.
1450 e. Agency working capital trust fund, for use as a
1451depository for funds to be used pursuant to s. 216.272.
1452 f. Clearing funds trust fund, for use as a depository for
1453funds to account for collections pending distribution to lawful
1454recipients.
1455 g. Federal grant trust fund, for use as a depository for
1456funds to be used for allowable grant activities funded by
1457restricted program revenues from federal sources.
1458
1459To the extent possible, each agency must adjust its internal
1460accounting to use existing trust funds consistent with the
1461requirements of this subparagraph. If an agency does not have
1462trust funds listed in this subparagraph and cannot make such
1463adjustment, the agency must recommend the creation of the
1464necessary trust funds to the Legislature no later than the next
1465scheduled review of the agency's trust funds pursuant to s.
1466215.3206.
1467 3. All such moneys are hereby appropriated to be expended
1468in accordance with the law or trust agreement under which they
1469were received, subject always to the provisions of chapter 216
1470relating to the appropriation of funds and to the applicable
1471laws relating to the deposit or expenditure of moneys in the
1472State Treasury.
1473 4.a. Notwithstanding any provision of law restricting the
1474use of trust funds to specific purposes, unappropriated cash
1475balances from selected trust funds may be authorized by the
1476Legislature for transfer to the Budget Stabilization Fund and
1477General Revenue Fund in the General Appropriations Act.
1478 b. This subparagraph does not apply to trust funds
1479required by federal programs or mandates; trust funds
1480established for bond covenants, indentures, or resolutions whose
1481revenues are legally pledged by the state or public body to meet
1482debt service or other financial requirements of any debt
1483obligations of the state or any public body; the State
1484Transportation Trust Fund; the trust fund containing the net
1485annual proceeds from the Florida Education Lotteries; the
1486Florida Retirement System Trust Fund; trust funds under the
1487management of the State Board of Education or the Board of
1488Governors of the State University System, where such trust funds
1489are for auxiliary enterprises, self-insurance, and contracts,
1490grants, and donations, as those terms are defined by general
1491law; trust funds that serve as clearing funds or accounts for
1492the Chief Financial Officer or state agencies; trust funds that
1493account for assets held by the state in a trustee capacity as an
1494agent or fiduciary for individuals, private organizations, or
1495other governmental units; and other trust funds authorized by
1496the State Constitution.
1497 Section 60. In order to implement the transfer of moneys
1498to the General Revenue Fund from trust funds in the 2010-2011
1499General Appropriations Act, paragraph (b) of subsection (4) of
1500section 215.5601, Florida Statutes, is reenacted to read:
1501 215.5601 Lawton Chiles Endowment Fund.-
1502 (4) ADMINISTRATION.-
1503 (b) The endowment shall be managed as an annuity. The
1504investment objective shall be long-term preservation of the real
1505value of the net contributed principal and a specified regular
1506annual cash outflow for appropriation, as nonrecurring revenue.
1507From the annual cash outflow, a pro rata share shall be used
1508solely for biomedical research activities as provided in
1509paragraph (3)(d), until such time as cures are found for
1510tobacco-related cancer and heart and lung disease. Five percent
1511of the annual cash outflow dedicated to the biomedical research
1512portion of the endowment shall be reinvested and applied to that
1513portion of the endowment's principal, with the remainder to be
1514spent on biomedical research activities consistent with this
1515section. The schedule of annual cash outflow shall be included
1516within the investment plan adopted under paragraph (a).
1517Withdrawals other than specified regular cash outflow shall be
1518considered reductions in contributed principal for the purposes
1519of this subsection.
1520 Section 61. In order to implement the issuance of new debt
1521authorized in the 2010-2011 General Appropriations Act, and
1522pursuant to the requirements of s. 215.98, Florida Statutes, the
1523Legislature determines that the authorization and issuance of
1524debt for the 2010-2011 fiscal year should be implemented and is
1525in the best interest of the state and necessary to address a
1526critical state emergency. This section expires July 1, 2011.
1527 Section 62. In order to implement the funds appropriated
1528in the 2010-2011 General Appropriations Act for state employee
1529travel, the funds appropriated to each state agency, which may
1530be used for travel by state employees, shall be limited during
1531the 2010-2011 fiscal year to travel for activities that are
1532critical to each state agency's mission. Funds may not be used
1533to pay for travel by state employees to foreign countries, other
1534states, conferences, staff-training activities, or other
1535administrative functions unless the agency head has approved in
1536writing that such activities are critical to the agency's
1537mission. The agency head must consider the use of
1538teleconferencing and other forms of electronic communication to
1539meet the needs of the proposed activity before approving
1540mission-critical travel. This section does not apply to travel
1541for law enforcement purposes, military purposes, emergency
1542management activities, or public health activities. This section
1543expires July 1, 2011.
1544 Section 63. In order to implement the appropriations
1545authorized in the 2010-2011 General Appropriations Act for each
1546of the state's designated primary data centers, which are funded
1547from the data processing appropriation category and other
1548categories used to pay for computing services of user agencies,
1549and pursuant to the notice, review, and objection procedures of
1550s. 216.177, Florida Statutes, the Executive Office of the
1551Governor is authorized to transfer funds appropriated in any
1552appropriation category used to pay for data processing in the
15532010-2011 General Appropriations Act between agencies in order
1554to align the budget authority granted with the utilization rate
1555of each department. This section expires July 1, 2011.
1556 Section 64. In order to implement the appropriations
1557authorized in the 2010-2011 General Appropriations Act which
1558were submitted pursuant to the provisions of s. 17 of chapter
15592008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c),
1560Florida Statutes, an agency may transfer funds from the data
1561processing appropriation categories to another appropriation
1562category for the purpose of supporting and managing its computer
1563resources until such time as the agency's data processing
1564function is transferred to the Southwood Shared Resource Center,
1565the Northwood Shared Resource Center, or the Northwest Regional
1566Data Center. This section expires July 1, 2011.
1567 Section 65. State agencies required by the 2010-2011
1568General Appropriations Act to begin planning for a data center
1569consolidation scheduled for a subsequent fiscal year may
1570accelerate the consolidation into the 2010-2011 fiscal year
1571contingent on the approval by the Legislative Budget Commission
1572of budget adjustments to the agency and the primary data
1573center's budget required to accomplish the consolidation. The
1574primary data center may add positions contingent on an equal or
1575greater number of positions being placed in reserve from the
1576agency data center being consolidated. This section expires July
15771, 2011.
1578 Section 66. In order to implement Specific Appropriation
15792179A of the 2010-2011 General Appropriations Act, the Executive
1580Office of the Governor is authorized to transfer funds
1581appropriated in the appropriation category "Expenses" of the
15822010-2011 General Appropriations Act between agencies in order
1583to allocate a reduction relating to SUNCOM Services. This
1584section expires July 1, 2011.
1585 Section 67. In order to implement Specific Appropriation
15861765 of the 2010-2011 General Appropriations Act, the Department
1587of Environmental Protection shall take no final agency action to
1588deny any permit application related to rigid coastal armoring
1589structures authorized under s. 161.085 (3), Florida Statutes,
1590and constructed between July 1, 2005, and April 30, 2006, as a
1591result of the impacts of Hurricane Dennis in Walton County. The
159290-day time period for agency action pursuant to s. 120.60 (1),
1593Florida Statutes, shall be tolled for these applications. At the
1594written request of a property owner to process his or her
1595application, the department shall issue or deny the application
1596within 90 days or in accordance with the time periods provided
1597in chapter 120, Florida Statutes, whichever is greater. In
1598addition, during Fiscal Year 2010-2011, the department shall not
1599take enforcement action against a property owner for failure to
1600apply for a permit to allow such structures to remain
1601permanently. A property owner who has previously filed an
1602application with the department is not required to reapply or
1603request reinstatement of his or her application. This section
1604expires July 1, 2011.
1605 Section 68. In order to implement section 40 of the 2010-
16062011 General Appropriations Act:
1607 (1) Notwithstanding s. 255.518(1)(b), Florida Statutes,
1608and for the 2010-2011 fiscal year only, the payment of debt
1609service on bonds during the construction of the Florida
1610International University/Miami-Dade County Health
1611Department/Florida Department of Health facility may be made
1612from bond proceeds. Florida International University and the
1613Miami-Dade County Health Department/Florida Department of Health
1614are authorized to make rental payments prior to the completion
1615of the project to the extent necessary to pay debt service on
1616the bonds.
1617 (2) Notwithstanding s. 255.518(1)(a), Florida Statutes,
1618and for the 2010-2011 fiscal year only, costs relating to the
1619initial planning, preliminary design, and programming for the
1620project may be paid from bond proceeds.
1621 (3) Notwithstanding s. 255.506, Florida Statutes, and for
1622the 2010-2011 fiscal year only, neither Florida International
1623University nor the Miami-Dade County Health Department/Florida
1624Department of Health shall be required to submit other
1625facilities into the facilities pool to obtain financing for the
1626project approved herein.
1627 (4) This section expires July 1, 2011.
1628 Section 69. In order to implement Specific Appropriations
162917 through 26 of the 2010-2011 General Appropriations Act:
1630 (1) The Legislature hereby finds and determines that the
1631items and sums designated in Specific Appropriations 17 through
163226 shall constitute authorized capital outlay projects within
1633the meaning and as required by s. 9(a)(2), Art. XII of the State
1634Constitution and any other law. In accordance therewith, the
1635moneys in Specific Appropriations 17 through 26 are authorized
1636to be expended for the enumerated authorized capital outlay
1637projects.
1638 (2) The sum designated for each project is the maximum sum
1639to be expended for each specified phase of the project from
1640funds accruing under s. 9(a)(2), Art. XII of the State
1641Constitution. The scope of each project shall be planned so that
1642the amounts specified shall not be exceeded, or any excess in
1643costs shall be funded by sources other than this appropriation.
1644Such excess costs may be funded from the Public Education
1645Capital Outlay and Debt Service Trust Fund only as a result of
1646fund transfers pursuant to s. 216.292(4)(c), Florida Statutes.
1647Each project shall be constructed on the site specified. If
1648existing facilities and acquisition of new sites are a part of
1649these projects, each building and site must be certified to be
1650free of contamination, asbestos, and other hazardous materials
1651before the facility or site may be acquired. The provisions of
1652s. 216.301(2), Florida Statutes, shall apply to all capital
1653outlay funds appropriated to the Public Education Capital Outlay
1654and Debt Service Trust Fund for the 2010-2011 fiscal year
1655appropriation and shall also apply to the funds appropriated in
1656Specific Appropriations 17 through 26.
1657 (3) The Office of Policy and Budget in the Executive
1658Office of the Governor shall establish fixed capital outlay
1659budget authority within appropriate accounts to enable the
1660expenditure of funds appropriated for the state universities,
1661the Florida School for the Deaf and the Blind, public school
1662districts, state colleges, community colleges, public
1663broadcasting, and the Division of Blind Services.
1664 (4) This section expires July 1, 2011.
1665 Section 70. (1) Consistent with the principles of
1666promoting employment of state residents, ensuring that the
1667expenditure of state funds benefits state residents, and
1668encouraging economic development within the state, each entity
1669expending funds provided in the 2010-2011 General Appropriations
1670Act for any purchase of goods and services in excess of $5
1671million shall give preference, to the maximum extent possible
1672under or consistent with applicable state and federal laws, to
1673vendors or businesses with a principal place of business in the
1674State of Florida that commit contractually to maximize the use
1675of Florida residents, products and other Florida-based
1676businesses in the fulfillment of their contractual duties.
1677 (2) This section does not apply to any contract that was
1678funded prior to June 1, 2010.
1679 (3) Each state agency shall identify contracts subject to
1680this section and shall report by March 1, 2011, each
1681contractor's compliance with this section to the Agency for
1682Workforce Innovation.
1683 (4) This section expires July 1, 2011.
1684 Section 71. In order to implement section 8 of the General
1685Appropriations Act for the 2010-2011 fiscal year, effective
1686January 1, 2011, paragraph (a) of subsection (7) of section
1687110.12315, Florida Statutes, is amended to read:
1688 110.12315 Prescription drug program.-The state employees'
1689prescription drug program is established. This program shall be
1690administered by the Department of Management Services, according
1691to the terms and conditions of the plan as established by the
1692relevant provisions of the annual General Appropriations Act and
1693implementing legislation, subject to the following conditions:
1694 (7) Under the state employees' prescription drug program
1695copayments must be made as follows:
1696 (a) Effective January 1, 2011 2006, for the State Group
1697Health Insurance Standard Plan:
1698 1. For generic drug with card $7 $10.
1699 2. For preferred brand name drug with card $30 $25.
1700 3. For nonpreferred brand name drug with card $50 $40.
1701 4. For generic mail order drug $14 $20.
1702 5. For preferred brand name mail order drug $60 $50.
1703 6. For nonpreferred brand name mail order drug $100 $80.
1704 Section 72. Any section of this act that implements a
1705specific appropriation or specifically identified proviso
1706language in the 2010-2011 General Appropriations Act is void if
1707the specific appropriation or specifically identified proviso
1708language is vetoed. A section of this act that implements more
1709than one specific appropriation or more than one portion of
1710specifically identified proviso language in the 2010-2011
1711General Appropriations Act is void if all the specific
1712appropriations or portions of specifically identified proviso
1713language are vetoed.
1714 Section 73. If any other act passed during the 2010
1715Regular Session contains a provision that is substantively the
1716same as a provision in this act, but that removes or is
1717otherwise not subject to the future repeal applied to such
1718provision by this act, the Legislature intends that the
1719provision in the other act takes precedence and continues to
1720operate, notwithstanding the future repeal provided by this act.
1721 Section 74. If any provision of this act or its
1722application to any person or circumstance is held invalid, the
1723invalidity does not affect other provisions or applications of
1724the act which can be given effect without the invalid provision
1725or application, and to this end the provisions of this act are
1726severable.
1727 Section 75. Except as otherwise expressly provided in this
1728act and except for this section, which shall take effect June
172929, 2010, this act shall take effect July 1, 2010; or, if this
1730act fails to become a law until after that date, it shall take
1731effect upon becoming a law and shall operate retroactively to
1732July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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