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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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HB 5003

1	A bill to be entitled
2	An act relating to implementing the 2010-2011 General
3	Appropriations Act; providing legislative intent;
4	incorporating by reference certain calculations of the
5	Florida Education Finance Program for the 2010-2011 fiscal
6	year; amending s. 216.292, F.S.; authorizing the transfer
7	of funds, upon certain approval, for fixed capital outlay
8	from the Survey Recommended Needs-Public Schools
9	appropriation category to the Maintenance, Repair,
10	Renovation and Remodeling appropriation category;
11	authorizing the Department of Corrections and the
12	Department of Juvenile Justice to make certain
13	expenditures to defray costs incurred by a municipality or
14	county as a result of opening or operating a facility
15	under authority of the respective department; amending s.
16	216.262, F.S.; providing for additional positions to
17	operate additional prison bed capacity under certain
18	circumstances; authorizing the Department of Legal Affairs
19	to transfer certain funds to pay salaries and benefits;
20	amending s. 932.7055, F.S.; delaying the expiration of
21	provisions authorizing a municipality to expend funds from
22	its special law enforcement trust fund to reimburse the
23	municipality's general fund; amending s. 394.908, F.S.;
24	providing allocation requirements for specified funds
25	appropriated for forensic mental health services;
26	requiring that funds appropriated through the Community-
27	Based Medicaid Administrative Claiming Program be
28	allocated proportionately to contributed provider
29	earnings; amending s. 215.5602, F.S.; suspending for the
30	2010-2011 fiscal year the reservation of a portion of
31	certain funds in the Health Care Trust Fund for certain
32	research purposes; extending the expiration date of the
33	James and Esther King Biomedical Research Program;
34	amending s. 381.992, F.S.; deleting an obsolete
35	authorization of funding for the William G. "Bill"
36	Bankhead, Jr., and David Coley Cancer Research Program;
37	extending the expiration date of the program; prohibiting
38	any state agency from adopting or implementing a rule or
39	policy mandating or establishing new nitrogen-reduction
40	limits under certain circumstances; requiring the Florida
41	Catastrophic Storm Risk Management Center at Florida State
42	University to conduct an analysis; amending s. 218.12,
43	F.S.; requiring that the value of assessments reduced
44	pursuant to s. 4(d)(8)a. of Art. VII of the State
45	Constitution include only the reduction in taxable value
46	for homesteads established in the preceding year;
47	reenacting s. 255.518(1)(b), F.S., relating to payment of
48	obligations during the construction of any facility
49	financed by such obligations; amending s. 255.503, F.S.;
50	delaying the expiration of provisions relating to the
51	Florida Facilities Pool; amending s. 253.034, F.S.;
52	authorizing the deposit of funds derived from the sale of
53	property by the Department of Citrus into the Citrus
54	Advertising Trust Fund; amending s. 375.041, F.S.;
55	authorizing transfer of moneys in the Land Acquisition
56	Trust Fund to the Water Quality Assurance Trust Fund for
57	the Total Maximum Daily Loads Program, the Drinking Water
58	Facility Construction-State Revolving Loan Fund, and the
59	Wastewater Facility Treatment Construction-State Revolving
60	Loan Fund as provided in the General Appropriations Act;
61	amending s. 373.59, F.S.; providing for the allocation of
62	moneys from the Water Management Lands Trust Fund for
63	certain purposes; amending s. 376.3071, F.S.; delaying the
64	repeal of provisions relating to funding from the Inland
65	Protection Trust Fund for site restoration; amending s.
66	570.20, F.S.; delaying the expiration of provisions
67	authorizing moneys in the General Inspection Trust Fund to
68	be appropriated for certain programs operated by the
69	Department of Agriculture and Consumer Services; amending
70	s. 403.7095, F.S.; requiring that the Department of
71	Environmental Protection award a specified amount in
72	grants equally to certain counties for waste tire and
73	litter prevention, recycling education, and general solid
74	waste programs; authorizing the Department of Agriculture
75	and Consumer Services to extend, revise, and renew current
76	contracts or agreements created or entered into for the
77	purpose of promotion of agriculture; amending s. 339.135,
78	F.S.; providing for use of transportation revenues;
79	requiring that the Department of Transportation transfer
80	funds to the Office of Tourism, Trade, and Economic
81	Development for the purpose of funding transportation-
82	related needs of economic development projects; providing
83	that funds appropriated from the Economic Development
84	Transportation Trust Fund may be used to attract new space
85	business to the state and for other specified needs for
86	the development of aviation and aerospace operations;
87	amending s. 216.292, F.S.; permitting the Legislative
88	Budget Commission to review and approve recommendations by
89	the Governor for fixed capital outlay projects funded by
90	grants awarded from the American Recovery and Reinvestment
91	Act of 2009 or by any other federal economic stimulus
92	grant funding received; authorizing the Executive Office
93	of the Governor to transfer funds appropriated for the
94	American Recovery and Reinvestment Act of 2009 in
95	traditional appropriation categories in the General
96	Appropriations Act to appropriation categories established
97	for the specific purpose of tracking funds appropriated
98	for the act; reenacting s. 288.1254(4)(c) and (d), F.S.,
99	relating to the entertainment industry financial incentive
100	program, to continue the amount of incentive funding to be
101	appropriated in any fiscal year for the independent
102	Florida filmmaker queue and the digital media projects
103	queue; amending s. 339.08, F.S.; delaying the expiration
104	of provisions relating to the use of moneys in the State
105	Transportation Trust Fund for certain administrative
106	expenses; authorizing the transfer of funds from the State
107	Transportation Trust Fund to the General Revenue Fund
108	under certain circumstances; amending s. 445.009, F.S.;
109	providing that a participant in an adult or youth work
110	experience activity under ch. 445, F.S., is an employee of
111	the state for purposes of workers' compensation coverage;
112	authorizing the Executive Office of the Governor to
113	transfer funds between departments for purposes of
114	aligning amounts paid for risk management premiums and for
115	purposes of aligning amounts paid for human resource
116	management services; authorizing the Executive Office of
117	the Governor to transfer funds between departments for
118	purposes of aligning the budget authority granted to each
119	agency with the reductions in employee compensation;
120	authorizing the heads of agencies to terminate staff and
121	make personnel and salary adjustments and reductions to
122	maximize efficiency of agency operations; amending s.
123	110.123, F.S.; providing for the state's monthly
124	contribution for employees under the state group insurance
125	program; amending s. 112.24, F.S.; providing conditions on
126	the assignment of an employee of a state agency without
127	reimbursement from the receiving agency; reenacting s.
128	215.32(2)(b), F.S., relating to the source and use of
129	certain trust funds in order to implement the transfer of
130	moneys in the General Revenue Fund from trust funds in the
131	2010-2011 General Appropriations Act; providing for the
132	authorization and issuance of new debt; limiting the use
133	of travel funds to activities that are critical to an
134	agency's mission; providing exceptions; providing for
135	future expiration of various provisions; providing for
136	reversion of statutory text of certain provisions;
137	providing for the effect of a veto of one or more specific
138	appropriations or proviso to which implementing language
139	refers; providing for the continued operation of certain
140	provisions notwithstanding a future repeal or expiration
141	provided by the act; providing for severability; providing
142	effective dates.
143
144	Be It Enacted by the Legislature of the State of Florida:
145
146	Section 1. It is the intent of the Legislature that the
147	implementing and administering provisions of this act apply to
148	the General Appropriations Act for the 2010-2011 fiscal year.
149	Section 2. In order to implement Specific Appropriations
150	6, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
151	the calculations of the Florida Education Finance Program for
152	the 2010-2011 fiscal year in the document entitled "Public
153	School Funding-The Florida Education Finance Program," dated
154	April X, 2010, and filed with the Clerk of the House of
155	Representatives, are incorporated by reference for the purpose
156	of displaying the calculations used by the Legislature,
157	consistent with the requirements of the Florida Statutes, in
158	making appropriations for the Florida Education Finance Program.
159	Section 3. In order to implement Specific Appropriations
160	17 and 18 of the 2010-2011 General Appropriations Act, paragraph
161	(c) is added to subsection (3) of section 216.292, Florida
162	Statutes, to read:
163	216.292 Appropriations nontransferable; exceptions.-
164	(3) The following transfers are authorized with the
165	approval of the Executive Office of the Governor for the
166	executive branch or the Chief Justice for the judicial branch,
167	subject to the notice and objection provisions of s. 216.177:
168	(c) The transfer of appropriations for fixed capital
169	outlay from the Survey Recommended Needs-Public Schools
170	appropriation category to the Maintenance, Repair, Renovation
171	and Remodeling appropriation category. The allocation of
172	transferred funds shall be in accordance with s. 1013.64(1).
173	This paragraph expires July 1, 2011.
174	Section 4. In order to fulfill legislative intent
175	regarding the use of funds contained in Specific Appropriations
176	639, 651, 663, and 1188 of the 2010-2011 General Appropriations
177	Act, the Department of Corrections and the Department of
178	Juvenile Justice may expend appropriated funds to assist in
179	defraying the costs of impacts that are incurred by a
180	municipality or county and that are associated with opening or
181	operating a facility under the authority of the department. The
182	amount paid for any facility may not exceed 1 percent of the
183	cost to construct the facility, less building impact fees
184	imposed by the municipality or county. This section expires July
185	1, 2011.
186	Section 5. In order to implement Specific Appropriations
187	629 through 727 and 747 through 781 of the 2010-2011 General
188	Appropriations Act, subsection (4) of section 216.262, Florida
189	Statutes, is amended to read:
190	216.262 Authorized positions.-
191	(4) Notwithstanding the provisions of this chapter on
192	increasing the number of authorized positions, and for the 2010-
193	2011 2009-2010 fiscal year only, if the actual inmate population
194	of the Department of Corrections exceeds the inmate population
195	projections of the February 19, 2010 April 30, 2009, Criminal
196	Justice Estimating Conference by 1 percent for 2 consecutive
197	months or 2 percent for any month, the Executive Office of the
198	Governor, with the approval of the Legislative Budget
199	Commission, shall immediately notify the Criminal Justice
200	Estimating Conference, which shall convene as soon as possible
201	to revise the estimates. The Department of Corrections may then
202	submit a budget amendment requesting the establishment of
203	positions in excess of the number authorized by the Legislature
204	and additional appropriations from unallocated general revenue
205	sufficient to provide for essential staff, fixed capital
206	improvements, and other resources to provide classification,
207	security, food services, health services, and other variable
208	expenses within the institutions to accommodate the estimated
209	increase in the inmate population. All actions taken pursuant to
210	the authority granted in this subsection shall be subject to
211	review and approval by the Legislative Budget Commission. This
212	subsection expires July 1, 2011 2010.
213	Section 6. In order to implement Specific Appropriations
214	1306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
215	Appropriations Act, the Department of Legal Affairs is
216	authorized to transfer cash remaining after required
217	disbursements for Attorney General case numbers 16-2008-CA-01-
218	3142CV-C and CACE08022328 from FLAIR account 41-71-2-601001-
219	41100100-00-181076-00 to the Operating Trust Fund to pay
220	salaries and benefits. This section expires July 1, 2011.
221	Section 7. In order to implement Specific Appropriations
222	1245 and 1251 of the 2010-2011 General Appropriations Act,
223	paragraph (d) of subsection (4) of section 932.7055, Florida
224	Statutes, is amended to read:
225	932.7055 Disposition of liens and forfeited property.-
226	(4) The proceeds from the sale of forfeited property shall
227	be disbursed in the following priority:
228	(d) Notwithstanding any other provision of this
229	subsection, and for the 2010-2011 2009-2010 fiscal year only,
230	the funds in a special law enforcement trust fund established by
231	the governing body of a municipality may be expended to
232	reimburse the general fund of the municipality for moneys
233	advanced from the general fund to the special law enforcement
234	trust fund prior to October 1, 2001. This paragraph expires July
235	1, 2011 2010.
236	Section 8. In order to implement Specific Appropriations
237	324 through 355 of the 2010-2011 General Appropriations Act,
238	paragraphs (b) and (c) of subsection (3) of section 394.908,
239	Florida Statutes, are amended to read:
240	394.908 Substance abuse and mental health funding equity;
241	distribution of appropriations.-In recognition of the historical
242	inequity in the funding of substance abuse and mental health
243	services for the department's districts and regions and to
244	rectify this inequity and provide for equitable funding in the
245	future throughout the state, the following funding process shall
246	be used:
247	(3)
248	(b) Notwithstanding paragraph (a) and for the 2010-2011
249	2009-2010 fiscal year only, funds appropriated for forensic
250	mental health treatment services shall be allocated to the areas
251	of the state having the greatest demand for services and
252	treatment capacity. This paragraph expires July 1, 2011 2010.
253	(c) Notwithstanding paragraph (a) and for the 2010-2011
254	2009-2010 fiscal year only, additional funds appropriated for
255	substance abuse and mental health services from funds available
256	through the Community-Based Medicaid Administrative Claiming
257	Program shall be allocated as provided in the 2010-2011 2009-
258	2010 General Appropriations Act and in proportion to contributed
259	provider earnings. This paragraph expires July 1, 2011 2010.
260	Section 9. In order to implement Specific Appropriation
261	518 of the 2010-2011 General Appropriations Act, subsections
262	(12) through (15) of section 215.5602, Florida Statutes, are
263	amended to read:
264	215.5602 James and Esther King Biomedical Research
265	Program.-
266	(12)(a) From funds appropriated to accomplish the goals of
267	this section, up to $250,000 shall be available for the
268	operating costs of the Florida Center for Universal Research to
269	Eradicate Disease.
270	(b)(a) Beginning in the 2009-2010 fiscal year and
271	thereafter, 5 percent of the revenue deposited into the Health
272	Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
273	be reserved for research of tobacco-related or cancer-related
274	illnesses; however, the sum of the revenue reserved pursuant to
275	ss. 210.011(9) and 210.276(7) may not exceed $50 million in any
276	fiscal year. This paragraph is suspended for the 2010-2011
277	fiscal year.
278	(b) In the 2009-2010 fiscal year, 2.5 percent, not to
279	exceed $25 million, of the revenue deposited into the Health
280	Care Trust Fund pursuant to this subsection shall be transferred
281	to the Biomedical Research Trust Fund within the Department of
282	Health for the James and Esther King Biomedical Research
283	Program.
284	(13) By June 1, 2009, the Division of Statutory Revision
285	of the Office of Legislative Services shall certify to the
286	President of the Senate and the Speaker of the House of
287	Representatives the language and statutory citation of this
288	section, which is scheduled to expire January 1, 2011.
289	(14) The Legislature shall review the performance, the
290	outcomes, and the financial management of the James and Esther
291	King Biomedical Research Program during the 2010 Regular Session
292	of the Legislature and shall determine the most appropriate
293	funding source and means of funding the program based on its
294	review.
295	(13)(15) This section expires July January 1, 2011, unless
296	reviewed and reenacted by the Legislature before that date.
297	Section 10. In order to implement Specific Appropriations
298	508 through 526 of the 2010-2011 General Appropriations Act,
299	subsections (5) through (8) of section 381.922, Florida
300	Statutes, are amended to read:
301	381.922 William G. "Bill" Bankhead, Jr., and David Coley
302	Cancer Research Program.-
303	(5) Funds appropriated for the William G. "Bill" Bankhead,
304	Jr., and David Coley Cancer Research Program shall be
305	distributed pursuant to this section to provide grants to
306	researchers seeking cures for cancer and cancer-related
307	illnesses, with emphasis given to the goals enumerated in s.
308	381.921. From the total funds appropriated, an amount of up to
309	10 percent may be used for administrative expenses. In the 2009-
310	2010 fiscal year, 2.5 percent, not to exceed $25 million, of the
311	revenue deposited into the Health Care Trust Fund pursuant to s.
312	215.5602(12)(a) shall be transferred to the Biomedical Research
313	Trust Fund within the Department of Health for the William G.
314	"Bill" Bankhead, Jr., and David Coley Cancer Research Program.
315	(6) By June 1, 2009, the Division of Statutory Revision of
316	the Office of Legislative Services shall certify to the
317	President of the Senate and the Speaker of the House of
318	Representatives the language and statutory citation of this
319	section, which is scheduled to expire January 1, 2011.
320	(7) The Legislature shall review the performance, the
321	outcomes, and the financial management of the William G. "Bill"
322	Bankhead, Jr., and David Coley Cancer Research Program during
323	the 2010 Regular Session of the Legislature and shall determine
324	the most appropriate funding source and means of funding the
325	program based on its review.
326	(6)(8) This section expires July January 1, 2011, unless
327	reviewed and reenacted by the Legislature before that date.
328	Section 11. (1) In order to implement proviso following
329	Specific Appropriation 486 of the 2010-2011 General
330	Appropriations Act, and for the 2010-2011 fiscal year only,
331	notwithstanding any law to the contrary, a state agency may not
332	adopt or implement a rule or policy that:
333	(a) Mandates or establishes new nitrogen-reduction limits
334	that apply to existing or new onsite sewage treatment systems;
335	(b) Has the effect of requiring the use of performance-
336	based treatment systems; or
337	(c) Increases the cost of treatment for nitrogen reduction
338	from onsite systems,
339
340	before the study and report required in proviso following
341	Specific Appropriation 486 is completed.
342	(2) This section expires July 1, 2011.
343	Section 12. In order to implement section 77 of the 2010-
344	2011 General Appropriations Act, the Florida Catastrophic Storm
345	Risk Management Center at Florida State University shall conduct
346	the analysis as originally required in section 164 of chapter
347	2004-390, Laws of Florida. Notwithstanding section 164 of
348	chapter 2004-390, Laws of Florida, the Florida Catastrophic
349	Storm Risk Management Center at Florida State University is
350	directed to use the most recent and available premium data for
351	personal lines property and casualty insurance in completing the
352	analysis.
353	Section 13. In order to implement Specific Appropriation
354	3055O, subsection (3) of section 218.12, Florida Statutes, is
355	amended to read:
356	218.12 Appropriations to offset reductions in ad valorem
357	tax revenue in fiscally constrained counties.-
358	(3) In determining the reductions in ad valorem tax
359	revenues occurring as a result of the implementation of the
360	revisions to Art. VII of the State Constitution approved in the
361	special election held on January 29, 2008, the value of
362	assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
363	State Constitution shall include only the reduction in taxable
364	value for homesteads established January 1, 2010 2009.
365	Section 14. The amendment to s. 218.12(3), Florida
366	Statutes, by this act shall expire July 1, 2011, and the text of
367	that subsection shall revert to that in existence on June 30,
368	2009, except that any amendments to such text enacted other than
369	by this act shall be preserved and continue to operate to the
370	extent that such amendments are not dependent upon the portions
371	of such text which expire pursuant to this section.
372	Section 15. In order to implement Specific Appropriation
373	2838 of the 2010-2011 General Appropriations Act, paragraph (b)
374	of subsection (1) of section 255.518, Florida Statutes, is
375	reenacted to read:
376	255.518 Obligations; purpose, terms, approval,
377	limitations.-
378	(1)
379	(b) Payment of debt service charges on obligations during
380	the construction of any facility financed by such obligations
381	shall be made from funds other than proceeds of obligations.
382	Section 16. The amendment to s. 255.518(1)(b), Florida
383	Statutes, as carried forward by this act from chapters 2008-153
384	and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
385	text of that paragraph shall revert to that in existence on June
386	30, 2008, except that any amendments to such text enacted other
387	than by this act shall be preserved and continue to operate to
388	the extent that such amendments are not dependent upon the
389	portions of such text which expire pursuant to this section.
390	Section 17. In order to implement Specific Appropriations
391	2821 through 2835 of the 2010-2011 General Appropriations Act,
392	paragraph (b) of subsection (7) of section 255.503, Florida
393	Statutes, is amended to read:
394	255.503 Powers of the Department of Management Services.-
395	The Department of Management Services shall have all the
396	authority necessary to carry out and effectuate the purposes and
397	provisions of this act, including, but not limited to, the
398	authority to:
399	(7)
400	(b) No later than the date upon which the department
401	recommends to the Division of State Lands of the Department of
402	Environmental Protection the disposition of any facility within
403	the Florida Facilities Pool, the department shall provide to the
404	President of the Senate, the Speaker of the House of
405	Representatives, the Executive Office of the Governor, and the
406	Division of Bond Finance of the State Board of Administration an
407	analysis that includes:
408	1. The cost benefit of the proposed facility disposition,
409	including the facility's current operating expenses, condition,
410	and market value, and viable alternatives for work space for
411	impacted state employees.
412	2. The effect of the proposed facility disposition on the
413	financial status of the Florida Facilities Pool, including the
414	effect on rental rates and coverage requirement for the bonds.
415
416	This paragraph expires July 1, 2011 2010.
417	Section 18. In order to implement Specific Appropriations
418	2379 through 2401 of the 2010-2011 General Appropriations Act,
419	subsection (14) of section 253.034, Florida Statutes, is amended
420	to read:
421	253.034 State-owned lands; uses.-
422	(14) Notwithstanding the provisions of this section, funds
423	derived from the sale of property by the Department of Citrus'
424	property Citrus located in Lakeland, Florida, are authorized to
425	be deposited into the Citrus Advertising Trust Fund. This
426	subsection expires July 1, 2011 2010.
427	Section 19. In order to implement Specific Appropriations
428	1763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of
429	section 375.041, Florida Statutes, is amended to read:
430	375.041 Land Acquisition Trust Fund.-
431	(3)
432	(b) In addition to the uses allowed in paragraph (a), for
433	the 2010-2011 2008-2009 fiscal year, moneys in the Land
434	Acquisition Trust Fund are authorized for transfer to the Water
435	Quality Assurance Trust Fund for the Total Maximum Daily Loads
436	Program, the Drinking Water Facility Construction-State
437	Revolving Loan Fund, the Wastewater Facility Treatment
438	Construction-State Revolving Loan Fund, and the Florida Onsite
439	Sewage Reduction Strategies Study Ecosystem Management and
440	Restoration Trust Fund for grants and aids to local governments
441	for water projects as provided in the General Appropriations
442	Act. This paragraph expires July 1, 2011 2009.
443	Section 20. In order to implement Specific Appropriation
444	1692 of the 2010-2011 General Appropriations Act, subsection
445	(12) of section 373.59, Florida Statutes, is amended to read:
446	373.59 Water Management Lands Trust Fund.-
447	(12) Notwithstanding the provisions of subsection (8) and
448	for the 2010-2011 2009-2010 fiscal year only, the moneys from
449	the Water Management Lands Trust Fund shall be allocated as
450	follows:
451	(a) An amount necessary to pay debt service on bonds
452	issued before February 1, 2009, by the South Florida Water
453	Management District and the St. Johns River Water Management
454	District, which are secured by revenues provided pursuant to
455	this section, or to fund debt service reserve funds, rebate
456	obligations, or other amounts payable with respect to such
457	bonds;
458	(b) Eight million dollars to be transferred to the General
459	Revenue Fund; and
460	(c) The remaining funds to be distributed equally between
461	the Suwannee River Water Management District and the Northwest
462	Florida Water Management District.
463
464	This subsection expires July 1, 2011 2010.
465	Section 21. In order to implement Specific Appropriation
466	1804 of the 2010-2011 General Appropriations Act, paragraph (c)
467	of subsection (5) of section 376.3071, Florida Statutes, is
468	amended to read:
469	376.3071 Inland Protection Trust Fund; creation; purposes;
470	funding.-
471	(5) SITE SELECTION AND CLEANUP CRITERIA.-
472	(c) The department shall require source removal, if
473	warranted and cost-effective, at each site eligible for
474	restoration funding from the Inland Protection Trust Fund.
475	1. Funding for free product recovery may be provided in
476	advance of the order established by the priority ranking system
477	under paragraph (a) for site cleanup activities. However, a
478	separate prioritization for free product recovery shall be
479	established consistent with paragraph (a). No more than $5
480	million shall be encumbered from the Inland Protection Trust
481	Fund in any fiscal year for free product recovery conducted in
482	advance of the priority order under paragraph (a) established
483	for site cleanup activities.
484	2. Funding for limited interim soil-source removals for
485	sites that will become inaccessible for future remediation due
486	to road infrastructure and right-of-way restrictions resulting
487	from a pending Department of Transportation road construction
488	project or for secondary containment upgrading of underground
489	storage tanks required under chapter 62-761, Florida
490	Administrative Code, may be provided in advance of the order
491	established by the priority ranking system under paragraph (a)
492	for site cleanup activities. The department shall provide
493	written guidance on the limited source removal information and
494	technical evaluation necessary to justify a request for a
495	limited source removal in advance of the priority order pursuant
496	to paragraph (a) established for site cleanup activities.
497	Prioritization for limited source removal projects associated
498	with a secondary containment upgrade in any fiscal year shall be
499	determined on a first-come, first-served basis according to the
500	approval date issued under s. 376.30711 for the limited source
501	removal. Funding for limited source removals associated with
502	secondary containment upgrades shall be limited to 10 sites in
503	each fiscal year for each facility owner and any related person.
504	The limited source removal for secondary containment upgrades
505	shall be completed no later than 6 months after the department
506	issues its approval of the project, and the approval
507	automatically expires at the end of the 6 months. Funding for
508	Department of Transportation and secondary containment upgrade
509	source removals may not exceed $50,000 for a single facility
510	unless the department makes a determination that it is cost-
511	effective and environmentally beneficial to exceed this amount,
512	but in no event shall the department authorize costs in excess
513	of $100,000 for a single facility. Department funding for
514	limited interim soil-source removals associated with Department
515	of Transportation projects and secondary containment upgrades
516	shall be limited to supplemental soil assessment, soil
517	screening, soil removal, backfill material, treatment or
518	disposal of the contaminated soil, dewatering related to the
519	contaminated soil removal in an amount of up to 10 percent of
520	the total interim soil-source removal project costs, treatment,
521	and disposal of the contaminated groundwater and preparation of
522	the source removal report. No other costs associated with the
523	facility upgrade may be paid with department funds. No more than
524	$1 million for Department of Transportation limited source
525	removal projects and $10 million for secondary containment
526	upgrade limited source removal projects conducted in advance of
527	the priority order established under paragraph (a) for site
528	cleanup activities shall be encumbered from the Inland
529	Protection Trust Fund in any fiscal year. This subparagraph is
530	repealed effective June 30, 2011 2010.
531	3. Once free product removal and other source removal
532	identified in this paragraph are completed at a site, and
533	notwithstanding the order established by the priority ranking
534	system under paragraph (a) for site cleanup activities, the
535	department may reevaluate the site to determine the degree of
536	active cleanup needed to continue site rehabilitation. Further,
537	the department shall determine if the reevaluated site qualifies
538	for natural attenuation monitoring or no further action. If
539	additional site rehabilitation is necessary to reach no further
540	action status, the site rehabilitation shall be conducted in the
541	order established by the priority ranking system under paragraph
542	(a) and the department is encouraged to utilize natural
543	attenuation and monitoring where site conditions warrant.
544	Section 22. In order to implement Specific Appropriations
545	1378 through 1538 of the 2010-2011 General Appropriations Act,
546	subsection (2) of section 570.20, Florida Statutes, is amended
547	to read:
548	570.20 General Inspection Trust Fund.-
549	(2) For the 2010-2011 2009-2010 fiscal year only and
550	notwithstanding any other provision of law to the contrary, in
551	addition to the spending authorized in subsection (1), moneys in
552	the General Inspection Trust Fund may be appropriated for
553	programs operated by the department which are related to the
554	programs authorized by this chapter. This subsection expires
555	July 1, 2011 2010.
556	Section 23. In order to implement Specific Appropriation
557	1833 of the 2010-2011 General Appropriations Act, subsection (7)
558	of section 403.7095, Florida Statutes, is amended to read:
559	403.7095 Solid waste management grant program.-
560	(7) Notwithstanding any provision of this section to the
561	contrary, and for the 2010-2011 2009-2010 fiscal year only, the
562	Department of Environmental Protection shall award the sum of
563	$2,600,000 in grants equally to counties having populations of
564	fewer than 100,000 for waste tire and litter prevention,
565	recycling education, and general solid waste programs. This
566	subsection expires July 1, 2011 2010.
567	Section 24. In order to implement Specific Appropriation
568	1490 of the 2010-2011 General Appropriations Act and to provide
569	consistency and continuity in the promotion of agriculture
570	throughout the state, notwithstanding s. 287.057, Florida
571	Statutes, the Department of Agriculture and Consumer Services,
572	at its discretion, may extend, revise, and renew current
573	contracts or agreements created or entered into pursuant to
574	chapter 2006-25, Laws of Florida. This section expires July 1,
575	2011.
576	Section 25. In order to implement Specific Appropriation
577	2125 of the 2010-2011 General Appropriations Act, subsection (5)
578	of section 339.135, Florida Statutes, is amended to read:
579	339.135 Work program; legislative budget request;
580	definitions; preparation, adoption, execution, and amendment.-
581	(5) ADOPTION OF THE WORK PROGRAM.-
582	(a) The original approved budget for operational and fixed
583	capital expenditures for the department shall be the Governor's
584	budget recommendation and the first year of the tentative work
585	program, as both are amended by the General Appropriations Act
586	and any other act containing appropriations. In accordance with
587	the appropriations act, the department shall, prior to the
588	beginning of the fiscal year, adopt a final work program which
589	shall only include the original approved budget for the
590	department for the ensuing fiscal year together with any roll
591	forwards approved pursuant to paragraph (6)(c) and the portion
592	of the tentative work program for the following 4 fiscal years
593	revised in accordance with the original approved budget for the
594	department for the ensuing fiscal year together with said roll
595	forwards. The adopted work program may include only those
596	projects submitted as part of the tentative work program
597	developed under the provisions of subsection (4) plus any
598	projects which are separately identified by specific
599	appropriation in the General Appropriations Act and any roll
600	forwards approved pursuant to paragraph (6)(c). However, any
601	transportation project of the department which is identified by
602	specific appropriation in the General Appropriations Act shall
603	be deducted from the funds annually distributed to the
604	respective district pursuant to paragraph (4)(a). In addition,
605	the department shall not in any year include any project or
606	allocate funds to a program in the adopted work program that is
607	contrary to existing law for that particular year. Projects
608	shall not be undertaken unless they are listed in the adopted
609	work program.
610	(b) Notwithstanding paragraph (a), and for the 2010-2011
611	2009-2010 fiscal year only, the Department of Transportation
612	shall transfer funds to the Office of Tourism, Trade, and
613	Economic Development in an amount equal to $20,300,000 for the
614	purpose of funding transportation-related needs of economic
615	development projects. This transfer shall not reduce, delete, or
616	defer any existing projects funded, as of July 1, 2009, in the
617	Department of Transportation's 5-year work program. This
618	paragraph expires July 1, 2011 2010.
619	Section 26. In order to implement Specific Appropriation
620	2672 and section 56 of the 2010-2011 General Appropriations Act,
621	funds appropriated out of the Economic Development
622	Transportation Trust Fund may be used for economic development
623	infrastructure projects and other economic development projects;
624	for improvements to other launch complexes and space
625	transportation facilities in order to attract new space vehicle
626	testing and launch business to the state; for addressing
627	intermodal requirements and impacts of the launch ranges,
628	spaceports, and other space transportation facilities; for
629	advancing aerospace technology to meet the current and future
630	needs of the United States commercial space transportation
631	industry; and for assisting in the development of joint-use
632	facilities and technology that support aviation and aerospace
633	operations, including high altitude and suborbital flights and
634	range technology development.
635	Section 27. In order to implement sections 2 through 7 of
636	the 2010-2011 General Appropriations Act, subsection (5) of
637	section 216.292, Florida Statutes, is amended to read:
638	216.292 Appropriations nontransferable; exceptions.-
639	(5)(a) A transfer of funds may not result in the
640	initiation of a fixed capital outlay project that has not
641	received a specific legislative appropriation.
642	(b) Notwithstanding paragraph (a), and for the 2010-2011
643	2009-2010 fiscal year only, the Governor may recommend the
644	initiation of fixed capital outlay projects funded by grants
645	awarded by the Federal Government through the American Recovery
646	and Reinvestment Act of 2009 or by any other federal economic
647	stimulus grant funding received. All actions taken pursuant to
648	the authority granted in the paragraph are subject to review and
649	approval by the Legislative Budget Commission. This paragraph
650	expires July 1, 2011 2010.
651	Section 28. In order to implement sections 2 through 7 of
652	the 2010-2011 General Appropriations Act, the Executive Office
653	of the Governor is authorized to transfer funds appropriated for
654	the American Recovery and Reinvestment Act of 2009 (ARRA) in
655	traditional appropriation categories in the 2010-2011 General
656	Appropriations Act to appropriation categories established for
657	the specific purpose of tracking funds appropriated for the
658	ARRA.
659	Section 29. In order to implement Specific Appropriation
660	2665 of the 2010-2011 General Appropriations Act, paragraphs (c)
661	and (d) of subsection (4) of section 288.1254, Florida Statutes,
662	are reenacted to read:
663	288.1254 Entertainment industry financial incentive
664	program.-
665	(4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
666	ELIGIBILITY; QUEUES.-
667	(c) Independent Florida filmmaker queue.-Ten percent of
668	incentive funding appropriated in any state fiscal year must be
669	dedicated to the independent Florida filmmaker queue. If there
670	are no qualified applications in the queue, any funding in the
671	queue shall be made available to a qualified project in the
672	digital media projects queue. A production certified under this
673	queue is eligible for a reimbursement equal to 15 percent of its
674	actual qualified expenditures. An independent Florida film that
675	meets the criteria of this queue and demonstrates a minimum of
676	$100,000, but not more than $625,000, in total qualified
677	expenditures is eligible for incentive funding. To qualify for
678	this queue, a qualified production must:
679	1. Be planned as a feature film or documentary of no less
680	than 70 minutes in length.
681	2. Provide evidence of 50 percent of the financing for its
682	total budget in an escrow account or other form dedicated to the
683	production.
684	3. Do all major postproduction in this state.
685	4. Employ Florida workers in at least six of the following
686	key positions: writer, director, producer, director of
687	photography, star or one of the lead actors, unit production
688	manager, editor, or production designer. As used in this
689	subparagraph, the term "Florida worker" means a person who has
690	been a resident of this state for at least 1 year before a
691	production's application under subsection (3) was submitted or a
692	person who graduated from a film school, college, university, or
693	community college in this state no more than 5 years before such
694	submittal or who is enrolled full-time in such a school,
695	college, or university.
696	(d) Digital media projects queue.-Five percent of
697	incentive funding appropriated in any state fiscal year shall be
698	dedicated to the digital media projects queue. A production
699	certified under this queue is eligible for a reimbursement equal
700	to 10 percent of its actual qualified expenditures. A qualified
701	production that is a digital media project that demonstrates a
702	minimum of $300,000 in total qualified expenditures is eligible
703	for a maximum of $1 million in incentive funding. As used in
704	this paragraph, the term "qualified expenditures" means the
705	wages or salaries paid to a resident of this state for working
706	on a single qualified digital media project, up to a maximum of
707	$200,000 in wages or salaries paid per resident. A qualified
708	production company producing digital media projects may not
709	qualify for more than three projects in any 1 fiscal year.
710	Projects that extend beyond a fiscal year must reapply each
711	fiscal year in order to be eligible for incentive funding for
712	that year.
713	Section 30. The amendment to s. 288.1254(4)(c) and (d),
714	Florida Statutes, as carried forward by this act from chapter
715	2009-82, Laws of Florida, shall expire July 1, 2011, and the
716	text of those paragraphs shall revert to that in existence on
717	June 30, 2009, except that any amendments to such text enacted
718	other than by this act shall be preserved and continue to
719	operate to the extent that such amendments are not dependent
720	upon the portions of such text which expire pursuant to this
721	section.
722	Section 31. In order to implement section 59 of the 2010-
723	2011 General Appropriations Act, paragraph (n) of subsection (1)
724	of section 339.08, Florida Statutes, is amended to read:
725	339.08 Use of moneys in State Transportation Trust Fund.-
726	(1) The department shall expend moneys in the State
727	Transportation Trust Fund accruing to the department, in
728	accordance with its annual budget. The use of such moneys shall
729	be restricted to the following purposes:
730	(n) To pay administrative expenses incurred in accordance
731	with applicable laws for a multicounty transportation or
732	expressway authority created under chapter 343 or chapter 348,
733	where jurisdiction for the authority includes a portion of the
734	State Highway System and the administrative expenses are in
735	furtherance of the duties and responsibilities of the authority
736	in the development of improvements to the State Highway System.
737	This paragraph expires July 1, 2011 2010.
738	Section 32. In order to implement section 83 of the 2010-
739	2011 General Appropriations Act, subsection (4) of section
740	339.08, Florida Statutes, is amended to read:
741	339.08 Use of moneys in State Transportation Trust Fund.-
742	(4) For the 2010-2011 2009-2010 fiscal year only and
743	notwithstanding the provisions of this section and ss. 339.09(1)
744	and 215.32(2)(b)4., funds may be transferred from the State
745	Transportation Trust Fund to the General Revenue Fund as
746	specified in the General Appropriations Act. Notwithstanding ss.
747	206.46(3) and 206.606(2), the total amount transferred shall be
748	reduced from total state revenues deposited into the State
749	Transportation Trust Fund for the calculation requirements of
750	ss. 206.46(3) and 206.606(2). This subsection expires July 1,
751	2011 2010.
752	Section 33. In order to implement section 46 of the 2010-
753	2011 General Appropriations Act, subsection (11) of section
754	445.009, Florida Statutes is amended to read:
755	445.009 One-stop delivery system.-
756	(11)(a) A participant in an adult or youth work experience
757	activity administered under this chapter shall be deemed an
758	employee of the state for purposes of workers' compensation
759	coverage. In determining the average weekly wage, all
760	remuneration received from the employer shall be considered a
761	gratuity, and the participant shall not be entitled to any
762	benefits otherwise payable under s. 440.15, regardless of
763	whether the participant may be receiving wages and remuneration
764	from other employment with another employer and regardless of
765	his or her future wage-earning capacity.
766	(b) This subsection expires July 1, 2011 2010.
767	Section 34. In order to implement the appropriation of
768	funds in Special Categories-Risk Management Insurance of the
769	2010-2011 General Appropriations Act, and pursuant to the
770	notice, review, and objection procedures of s. 216.177, Florida
771	Statutes, the Executive Office of the Governor is authorized to
772	transfer funds appropriated in the appropriation category
773	"Special Categories-Risk Management Insurance" of the 2010-2011
774	General Appropriations Act between departments in order to align
775	the budget authority granted with the premiums paid by each
776	department for risk management insurance. This section expires
777	July 1, 2011.
778	Section 35. In order to implement the appropriation of
779	funds in Special Categories-Transfer to Department of Management
780	Services-Human Resources Services Purchased Per Statewide
781	Contract of the 2010-2011 General Appropriations Act, and
782	pursuant to the notice, review, and objection procedures of s.
783	216.177, Florida Statutes, the Executive Office of the Governor
784	is authorized to transfer funds appropriated in the
785	appropriation category "Special Categories-Transfer to
786	Department of Management Services-Human Resources Services
787	Purchased Per Statewide Contract" of the 2010-2011 General
788	Appropriations Act between departments in order to align the
789	budget authority granted with the assessments that must be paid
790	by each agency to the Department of Management Services for
791	human resource management services. This section expires July 1,
792	2011.
793	Section 36. In order to implement the reduction in each
794	agency's salary and benefit appropriation in the 2010-2011
795	General Appropriations Act, and pursuant to the notice, review,
796	and objection procedures of s. 216.177, Florida Statutes, the
797	Executive Office of the Governor may transfer funds appropriated
798	in the appropriation category "Salaries and Benefits" of the
799	2010-2011 General Appropriations Act between departments in
800	order to align the budget authority granted to each agency with
801	the reductions that must be made by each agency pursuant to the
802	2010-2011 General Appropriations Act. All actions taken pursuant
803	to the authority granted in this section are subject to the
804	review and approval of the Legislative Budget Commission. This
805	section expires July 1, 2011.
806	Section 37. In order to implement specific appropriations
807	for salaries and benefits in the 2010-2011 General
808	Appropriations Act, the intent of the Legislature is to provide
809	flexibility to agency heads over personnel management to
810	maximize the efficiency and effectiveness of agency operations.
811	The Legislature recognizes that the state is facing a critical
812	fiscal situation unprecedented in the last quarter century.
813	During this time of budgetary shortfall, it is in the best
814	interest of the state to ensure that the state's resources be
815	used in the most efficient and prudent manner, while maintaining
816	the critical missions of the state. Further, the Legislature
817	recognizes that the agency heads are uniquely positioned to
818	determine how to best manage their agency's human resources
819	given the constraints associated with a reduction in the salary
820	and benefit appropriation. Notwithstanding specific provisions
821	of chapters 110, 112, 216, and 447, Florida Statutes, to the
822	contrary, and for the fiscal year 2010-2011 only, agency heads
823	are authorized to terminate or layoff staff, reduce salaries of
824	individual or groups of employees, reclassify positions, and
825	provide retention adjustments or bonuses to high-performing
826	staff. For the purpose of the authority granted by this section,
827	the term "agency head" shall include the term as defined in s.
828	20.055(1)(b), Florida Statutes, and shall also include the Chief
829	Justice of the Supreme Court, the board of trustees of each
830	university, the Board of Trustees of the Florida School for the
831	Deaf and Blind, the executive director of the Justice
832	Administrative Commission, the executive director of the
833	Statewide Guardian Ad Litem Office, each state attorney, each
834	public defender, each capital collateral regional counsel, and
835	each regional counsel. This section expires July 1, 2011.
836	Section 38. In order to implement specific appropriations
837	for salaries and benefits in the 2010-2011 General
838	Appropriations Act, paragraph (a) of subsection (12) of section
839	110.123, Florida Statutes, is amended to read:
840	110.123 State group insurance program.-
841	(12) HEALTH SAVINGS ACCOUNTS.-The department is authorized
842	to establish health savings accounts for full-time and part-time
843	state employees in association with a health insurance plan
844	option authorized by the Legislature and conforming to the
845	requirements and limitations of federal provisions relating to
846	the Medicare Prescription Drug, Improvement, and Modernization
847	Act of 2003.
848	(a)1. A member participating in this health insurance plan
849	option shall be eligible to receive an employer contribution
850	into the employee's health savings account from the State
851	Employees Health Insurance Trust Fund in an amount to be
852	determined by the Legislature. A member is not eligible for an
853	employer contribution upon termination of employment. For the
854	2010-2011 2009-2010 fiscal year, the state's monthly
855	contribution for employees having individual coverage shall be
856	$41.66 and the monthly contribution for employees having family
857	coverage shall be $83.33.
858	2. A member participating in this health insurance plan
859	option shall be eligible to deposit the member's own funds into
860	a health savings account.
861	Section 39. In order to implement specific appropriations
862	for salaries and benefits in the 2010-2011 General
863	Appropriations Act, paragraph (b) of subsection (3) of section
864	112.24, Florida Statutes, is amended to read:
865	112.24 Intergovernmental interchange of public employees.-
866	To encourage economical and effective utilization of public
867	employees in this state, the temporary assignment of employees
868	among agencies of government, both state and local, and
869	including school districts and public institutions of higher
870	education is authorized under terms and conditions set forth in
871	this section. State agencies, municipalities, and political
872	subdivisions are authorized to enter into employee interchange
873	agreements with other state agencies, the Federal Government,
874	another state, a municipality, or a political subdivision
875	including a school district, or with a public institution of
876	higher education. State agencies are also authorized to enter
877	into employee interchange agreements with private institutions
878	of higher education and other nonprofit organizations under the
879	terms and conditions provided in this section. In addition, the
880	Governor or the Governor and Cabinet may enter into employee
881	interchange agreements with a state agency, the Federal
882	Government, another state, a municipality, or a political
883	subdivision including a school district, or with a public
884	institution of higher learning to fill, subject to the
885	requirements of chapter 20, appointive offices which are within
886	the executive branch of government and which are filled by
887	appointment by the Governor or the Governor and Cabinet. Under
888	no circumstances shall employee interchange agreements be
889	utilized for the purpose of assigning individuals to participate
890	in political campaigns. Duties and responsibilities of
891	interchange employees shall be limited to the mission and goals
892	of the agencies of government.
893	(3) Salary, leave, travel and transportation, and
894	reimbursements for an employee of a sending party that is
895	participating in an interchange program shall be handled as
896	follows:
897	(b)1. The assignment of an employee of a state agency
898	either on detail or on leave of absence may be made without
899	reimbursement by the receiving party for the travel and
900	transportation expenses to or from the place of the assignment
901	or for the pay and benefits, or a part thereof, of the employee
902	during the assignment.
903	2. For the 2010-2011 2009-2010 fiscal year only, the
904	assignment of an employee of a state agency as provided in
905	subparagraph 1. may be made if recommended by the Governor or
906	Chief Justice, as appropriate, and approved by the chairs of the
907	Senate Policy and Steering Committee on Ways and Means and the
908	House Full Appropriations Council on Education and Economic
909	Development General Government and Health Care. Such actions
910	shall be deemed approved if neither chair provides written
911	notice of objection within 14 days after the chair's receiving
912	notice of the action pursuant to s. 216.177. This subparagraph
913	expires July 1, 2011 2010.
914	Section 40. In order to implement the transfer of moneys
915	to the General Revenue Fund from trust funds in the 2010-2011
916	General Appropriations Act, paragraph (b) of subsection (2) of
917	section 215.32, Florida Statutes, is reenacted to read:
918	215.32 State funds; segregation.-
919	(2) The source and use of each of these funds shall be as
920	follows:
921	(b)1. The trust funds shall consist of moneys received by
922	the state which under law or under trust agreement are
923	segregated for a purpose authorized by law. The state agency or
924	branch of state government receiving or collecting such moneys
925	shall be responsible for their proper expenditure as provided by
926	law. Upon the request of the state agency or branch of state
927	government responsible for the administration of the trust fund,
928	the Chief Financial Officer may establish accounts within the
929	trust fund at a level considered necessary for proper
930	accountability. Once an account is established within a trust
931	fund, the Chief Financial Officer may authorize payment from
932	that account only upon determining that there is sufficient cash
933	and releases at the level of the account.
934	2. In addition to other trust funds created by law, to the
935	extent possible, each agency shall use the following trust funds
936	as described in this subparagraph for day-to-day operations:
937	a. Operations or operating trust fund, for use as a
938	depository for funds to be used for program operations funded by
939	program revenues, with the exception of administrative
940	activities when the operations or operating trust fund is a
941	proprietary fund.
942	b. Operations and maintenance trust fund, for use as a
943	depository for client services funded by third-party payors.
944	c. Administrative trust fund, for use as a depository for
945	funds to be used for management activities that are departmental
946	in nature and funded by indirect cost earnings and assessments
947	against trust funds. Proprietary funds are excluded from the
948	requirement of using an administrative trust fund.
949	d. Grants and donations trust fund, for use as a
950	depository for funds to be used for allowable grant or donor
951	agreement activities funded by restricted contractual revenue
952	from private and public nonfederal sources.
953	e. Agency working capital trust fund, for use as a
954	depository for funds to be used pursuant to s. 216.272.
955	f. Clearing funds trust fund, for use as a depository for
956	funds to account for collections pending distribution to lawful
957	recipients.
958	g. Federal grant trust fund, for use as a depository for
959	funds to be used for allowable grant activities funded by
960	restricted program revenues from federal sources.
961
962	To the extent possible, each agency must adjust its internal
963	accounting to use existing trust funds consistent with the
964	requirements of this subparagraph. If an agency does not have
965	trust funds listed in this subparagraph and cannot make such
966	adjustment, the agency must recommend the creation of the
967	necessary trust funds to the Legislature no later than the next
968	scheduled review of the agency's trust funds pursuant to s.
969	215.3206.
970	3. All such moneys are hereby appropriated to be expended
971	in accordance with the law or trust agreement under which they
972	were received, subject always to the provisions of chapter 216
973	relating to the appropriation of funds and to the applicable
974	laws relating to the deposit or expenditure of moneys in the
975	State Treasury.
976	4.a. Notwithstanding any provision of law restricting the
977	use of trust funds to specific purposes, unappropriated cash
978	balances from selected trust funds may be authorized by the
979	Legislature for transfer to the Budget Stabilization Fund and
980	General Revenue Fund in the General Appropriations Act.
981	b. This subparagraph does not apply to trust funds
982	required by federal programs or mandates; trust funds
983	established for bond covenants, indentures, or resolutions whose
984	revenues are legally pledged by the state or public body to meet
985	debt service or other financial requirements of any debt
986	obligations of the state or any public body; the State
987	Transportation Trust Fund; the trust fund containing the net
988	annual proceeds from the Florida Education Lotteries; the
989	Florida Retirement System Trust Fund; trust funds under the
990	management of the State Board of Education or the Board of
991	Governors of the State University System, where such trust funds
992	are for auxiliary enterprises, self-insurance, and contracts,
993	grants, and donations, as those terms are defined by general
994	law; trust funds that serve as clearing funds or accounts for
995	the Chief Financial Officer or state agencies; trust funds that
996	account for assets held by the state in a trustee capacity as an
997	agent or fiduciary for individuals, private organizations, or
998	other governmental units; and other trust funds authorized by
999	the State Constitution.
1000	Section 41. In order to implement the issuance of new debt
1001	authorized in the 2010-2011 General Appropriations Act, and
1002	pursuant to the requirements of s. 215.98, Florida Statutes, the
1003	Legislature determines that the authorization and issuance of
1004	debt for the 2010-2011 fiscal year should be implemented and is
1005	in the best interest of the state and necessary to address a
1006	critical state emergency.
1007	Section 42. In order to implement the funds appropriated
1008	in the 2010-2011 General Appropriations Act for state employee
1009	travel, the funds appropriated to each state agency, which may
1010	be used for travel by state employees, shall be limited during
1011	the 2010-2011 fiscal year to travel for activities that are
1012	critical to each state agency's mission. Funds may not be used
1013	to pay for travel by state employees to foreign countries, other
1014	states, conferences, staff-training activities, or other
1015	administrative functions unless the agency head has approved in
1016	writing that such activities are critical to the agency's
1017	mission. The agency head must consider the use of
1018	teleconferencing and other forms of electronic communication to
1019	meet the needs of the proposed activity before approving
1020	mission-critical travel. This section does not apply to travel
1021	for law enforcement purposes, military purposes, emergency
1022	management activities, or public health activities. This section
1023	expires July 1, 2011.
1024	Section 43. A section of this act that implements a
1025	specific appropriation or specifically identified proviso
1026	language in the 2010-2011 General Appropriations Act is void if
1027	the specific appropriation or specifically identified proviso
1028	language is vetoed. A section of this act that implements more
1029	than one specific appropriation or more than one portion of
1030	specifically identified proviso language in the 2010-2011
1031	General Appropriations Act is void if all the specific
1032	appropriations or portions of specifically identified proviso
1033	language are vetoed.
1034	Section 44. If any other act passed during the 2010
1035	Regular Session contains a provision that is substantively the
1036	same as a provision in this act, but that removes or is
1037	otherwise not subject to the future repeal applied to such
1038	provision by this act, the Legislature intends that the
1039	provision in the other act takes precedence and continues to
1040	operate, notwithstanding the future repeal provided by this act.
1041	Section 45. If any provision of this act or its
1042	application to any person or circumstance is held invalid, the
1043	invalidity does not affect other provisions or applications of
1044	the act which can be given effect without the invalid provision
1045	or application, and to this end the provisions of this act are
1046	severable.
1047	Section 46. Except as otherwise expressly provided in this
1048	act and except for this section, which shall take effect June
1049	29, 2010, this act shall take effect July 1, 2010; or, if this
1050	act fails to become a law until after that date, it shall take
1051	effect upon becoming a law and shall operate retroactively to
1052	July 1, 2010.

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