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 | |
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 | authorizing the Department of Legal Affairs to spend |
21 | certain appropriated funds on programs that were funded by |
22 | the department from specific appropriations in general |
23 | appropriations acts in previous years; providing for the |
24 | expiration of the authority to spend those appropriations; |
25 | amending s. 932.7055, F.S.; delaying the expiration of |
26 | provisions authorizing a municipality to expend funds from |
27 | its special law enforcement trust fund to reimburse the |
28 | municipality's general fund; requiring that the Office of |
29 | State Courts Administrator report by a date certain to the |
30 | Legislature the number of assigned new and reopened cases |
31 | and the number of cases closed by each judge in each |
32 | division and circuit for a specified period; amending s. |
33 | 29.008, F.S.; providing counties with an exemption from |
34 | the requirement to annually increase certain expenditures |
35 | by a specified percentage for the 2010-2011 fiscal year; |
36 | requiring that the Department of Juvenile Justice comply |
37 | with specified reimbursement limitations with respect to |
38 | payments to hospitals or health care providers for health |
39 | care services; authorizing certain payments pursuant to a |
40 | contracted rate only until the contract expires or is |
41 | renewed; defining the term "hospital" for purposes of such |
42 | limitations; amending s. 44.108, F.S.; authorizing use of |
43 | moneys in the Mediation and Arbitration Trust Fund as |
44 | specified in the General Appropriations Act; amending s. |
45 | 394.908, F.S.; providing allocation requirements for |
46 | specified funds appropriated for forensic mental health |
47 | services; requiring that funds appropriated through the |
48 | Community-Based Medicaid Administrative Claiming Program |
49 | be allocated proportionately to contributed provider |
50 | earnings; prohibiting any state agency from adopting or |
51 | implementing a rule or policy mandating or establishing |
52 | new nitrogen-reduction limits under certain circumstances; |
53 | amending s. 1, ch. 2007-174, Laws of Florida; extending |
54 | provisions relating to the reorganization activities of |
55 | the Department of Children and Family Services; providing |
56 | that budget amendments recommending the release of funds |
57 | shall be provided a certain time in advance and are |
58 | subject to objection procedures; requiring the Florida |
59 | Catastrophic Storm Risk Management Center at Florida State |
60 | University to conduct an analysis; amending s. 218.12, |
61 | F.S.; requiring that the value of assessments reduced |
62 | pursuant to s. 4(d)(8)a. of Art. VII of the State |
63 | Constitution include only the reduction in taxable value |
64 | for homesteads established in the preceding year; |
65 | reenacting s. 255.518(1)(b), F.S., relating to payment of |
66 | obligations during the construction of any facility |
67 | financed by such obligations; amending s. 255.503, F.S.; |
68 | delaying the expiration of provisions relating to the |
69 | Florida Facilities Pool; requiring the Department of |
70 | Financial Services to issue a solicitation for office |
71 | supplies and award a multiple supplier contract by a |
72 | specified date; amending s. 253.034, F.S.; authorizing the |
73 | deposit of funds derived from the sale of property by the |
74 | Department of Citrus into the Citrus Advertising Trust |
75 | Fund; amending s. 375.041, F.S.; providing for the |
76 | transfer of moneys from the Land Acquisition Trust Fund to |
77 | support the Clean Water State Revolving Fund, the Drinking |
78 | Water State Revolving Fund, the Total Maximum Daily Loads |
79 | programs, and the Marine Spatial Planning programs, rather |
80 | than to the Ecosystem Management and Restoration Trust |
81 | Fund for grants and aids to local governments for water |
82 | projects; amending s. 373.59, F.S.; providing for the |
83 | allocation of moneys from the Water Management Lands Trust |
84 | Fund for certain purposes; reenacting s. 403.1651(1)(g), |
85 | F.S., relating to the use of funds from the Ecosystem |
86 | Management and Restoration Trust Fund for the purpose of |
87 | funding activities to preserve and repair the state's |
88 | beaches; amending s. 403.1651, F.S.; providing for the |
89 | transfer of moneys from the Ecosystem Management and |
90 | Restoration Trust Fund to the General Inspection Trust |
91 | Fund for the Farm Share, Food Banks, and Mosquito Control |
92 | program and the Technological Research and Development |
93 | Authority; amending s. 570.20, F.S.; delaying the |
94 | expiration of provisions authorizing the Department of |
95 | Agriculture and Consumer Services to use funds from the |
96 | General Inspection Trust Fund for certain programs; |
97 | amending s. 403.7095, F.S.; requiring that the Department |
98 | of Environmental Protection award a specified amount in |
99 | grants equally to certain counties for waste tire and |
100 | litter prevention, recycling education, and general solid |
101 | waste programs; authorizing the Department of Agriculture |
102 | and Consumer Services to extend, revise, and renew current |
103 | contracts or agreements created or entered into for the |
104 | purpose of promotion of agriculture; amending s. 339.135, |
105 | F.S.; providing for use of transportation revenues; |
106 | requiring that the Department of Transportation transfer |
107 | funds to the Office of Tourism, Trade, and Economic |
108 | Development for the purpose of funding transportation- |
109 | related needs of economic development projects; providing |
110 | that funds appropriated from the Economic Development |
111 | Transportation Trust Fund may be used to attract new space |
112 | business to the state and for other specified needs for |
113 | the development of aviation and aerospace operations; |
114 | amending s. 216.292, F.S.; permitting the Legislative |
115 | Budget Commission to review and approve recommendations by |
116 | the Governor for fixed capital outlay projects funded by |
117 | grants awarded from the American Recovery and Reinvestment |
118 | Act of 2009 or by any other federal economic stimulus |
119 | grant funding received; authorizing the Executive Office |
120 | of the Governor to transfer funds appropriated for the |
121 | American Recovery and Reinvestment Act of 2009 in |
122 | traditional appropriation categories in the General |
123 | Appropriations Act to appropriation categories established |
124 | for the specific purpose of tracking funds appropriated |
125 | pursuant to that act; amending s. 339.08, F.S.; delaying |
126 | the expiration of provisions relating to the use of moneys |
127 | in the State Transportation Trust Fund for certain |
128 | administrative expenses; authorizing the transfer of funds |
129 | from the State Transportation Trust Fund to the General |
130 | Revenue Fund under certain circumstances; amending s. |
131 | 445.009, F.S.; providing that a participant in an adult or |
132 | youth work experience activity under ch. 445, F.S., is an |
133 | employee of the state for purposes of workers' |
134 | compensation coverage; amending s. 163.3247, F.S.; |
135 | removing a provision that entitles members of the Century |
136 | Commission for a Sustainable Florida to receive per diem |
137 | and travel expenses; amending s. 201.15, F.S.; revising |
138 | provisions relating to funds deposited into the Grants and |
139 | Donations Trust Fund in the Department of Community |
140 | Affairs which are used to fund the Century Commission; |
141 | amending s. 215.559, F.S.; delaying the expiration of |
142 | provisions relating to the Hurricane Loss Mitigation |
143 | Program; providing for use of certain appropriated funds |
144 | for hurricane shelters; reenacting s. 332.007(8), F.S., |
145 | relating to the funding of security projects at publicly |
146 | owned public-use airports; providing for the future |
147 | expiration of certain amendments to such provision and for |
148 | the reversion of statutory text; establishing the Florida |
149 | Major Performing Arts Center Task Force; providing |
150 | purposes; providing criteria for task force membership, |
151 | election of officers, operation of meetings, submission of |
152 | a final report, and staffing; amending s. 445.007, F.S.; |
153 | prohibiting the use of state and federal funds for certain |
154 | purposes unless expressly authorized by law; permitting |
155 | reimbursement of certain per diem allowances and travel |
156 | expenses; requiring the development of a statewide fiscal |
157 | policy; prohibiting expenditures of state or federal funds |
158 | for entertainment and recreational expenses; providing for |
159 | increased transparency and accountability; prescribing |
160 | terms and conditions of contracts and procedures for |
161 | review; providing for exemptions and review procedures; |
162 | amending s. 206.608, F.S.; authorizing the transfer of |
163 | certain tax funds to the State Transportation Trust Fund; |
164 | amending s. 339.135, F.S.; providing legislative intent; |
165 | requiring the Department of Transportation to submit |
166 | certain documents when submitting the department's work |
167 | program amendment to the Legislative Budget Commission; |
168 | amending s. 348.60, F.S.; requiring the Tampa-Hillsborough |
169 | County Expressway Authority to transfer funds to the |
170 | department by a specified date; providing for the transfer |
171 | of governance and control and the assets and liabilities |
172 | of the Authority if the funds are not transferred by the |
173 | specified date; authorizing the Executive Office of the |
174 | Governor to transfer funds between departments for |
175 | purposes of aligning amounts paid for risk management |
176 | premiums and for purposes of aligning amounts paid for |
177 | human resource management services; amending s. 110.123, |
178 | F.S.; providing for the state's monthly contribution for |
179 | employees under the state group insurance program; |
180 | amending s. 110.123, F.S., relating to the state group |
181 | insurance program; requiring that, for the 2010-2011 |
182 | fiscal year only, the state contribution toward the cost |
183 | of a plan is the difference between the overall premium |
184 | and the employee contribution; amending s. 112.24, F.S.; |
185 | providing conditions on the assignment of an employee of a |
186 | state agency without reimbursement from the receiving |
187 | agency; providing that the annual salary of the members of |
188 | the Legislature be reduced by a specified percentage; |
189 | reenacting s. 215.32(2)(b), F.S., relating to the source |
190 | and use of certain trust funds in order to implement the |
191 | transfer of moneys in the General Revenue Fund from trust |
192 | funds in the 2010-2011 General Appropriations Act; |
193 | reenacting s. 215.5601(4)(b), F.S., relating to the |
194 | administration of the Lawton Chiles Endowment Fund; |
195 | providing for the authorization and issuance of new debt; |
196 | limiting the use of travel funds to activities that are |
197 | critical to an agency's mission; providing exceptions; |
198 | authorizing the Executive Office of the Governor to |
199 | transfer funds for use by the state's designated primary |
200 | data centers, pursuant to statutory procedures for notice, |
201 | review, and objection; authorizing agencies to transfer |
202 | funds from data processing appropriation categories to |
203 | other appropriation categories in order to support and |
204 | manage computer resources, notwithstanding other |
205 | provisions of law; authorizing state agencies to begin |
206 | planning for data center consolidations; authorizing the |
207 | primary data center to add positions under certain |
208 | circumstances; authorizing the Executive Office of the |
209 | Governor to transfer funds between agencies in order to |
210 | allocate a reduction relating to SUNCOM; prohibiting the |
211 | Department of Environmental Protection from taking final |
212 | agency action to deny permit applications for specified |
213 | rigid coastal armoring structures; providing for the |
214 | department to take final agency action on such permit |
215 | applications within specified time periods; prohibiting |
216 | the department from taking enforcement action against a |
217 | property owner for failure to apply for certain permits; |
218 | providing for future expiration of various provisions; |
219 | authorizing the payment of debt service on bonds during |
220 | the construction of the Florida International |
221 | University/Miami-Dade County Health Department/Florida |
222 | Department of Health facility; permitting rental payments; |
223 | permitting the payment of certain costs from bond |
224 | proceeds; prohibiting certain facilities from being |
225 | required to submit other entities into the facilities pool |
226 | to obtain financing; authorizing funds to be expended for |
227 | enumerated authorized education capital outlay projects; |
228 | specifying requirements for funded projects; requiring the |
229 | Office of Policy and Budget in the Executive Office of the |
230 | Governor to establish budget authority within appropriate |
231 | accounts; requiring that preference, to the maximum extent |
232 | possible, be given to entities committed to using Florida |
233 | residents and products in fulfilling their contractual |
234 | duties; exempting contracts funded before a specified |
235 | date; requiring state agencies to identify contracts |
236 | affected by these provisions and report by a date certain |
237 | each contractor's compliance to the Agency for Workforce |
238 | Innovation; amending s. 110.12315, F.S.; revising |
239 | copayments for the state employees' prescription drug |
240 | program; providing for reversion of statutory text of |
241 | certain provisions; providing for the effect of a veto of |
242 | one or more specific appropriations or proviso to which |
243 | implementing language refers; providing for the continued |
244 | operation of certain provisions notwithstanding a future |
245 | repeal or expiration provided by the act; providing for |
246 | severability; providing effective dates. |
247 | |
248 | Be It Enacted by the Legislature of the State of Florida: |
249 | |
250 | Section 1. It is the intent of the Legislature that the |
251 | implementing and administering provisions of this act apply to |
252 | the General Appropriations Act for the 2010-2011 fiscal year. |
253 | Section 2. In order to implement Specific Appropriations |
254 | 6, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act, |
255 | the calculations of the Florida Education Finance Program for |
256 | the 2010-2011 fiscal year in the document entitled "Public |
257 | School Funding-The Florida Education Finance Program," dated |
258 | April 27, 2010, and filed with the Clerk of the House of |
259 | Representatives, are incorporated by reference for the purpose |
260 | of displaying the calculations used by the Legislature, |
261 | consistent with the requirements of the Florida Statutes, in |
262 | making appropriations for the Florida Education Finance Program. |
263 | Section 3. In order to implement Specific Appropriations |
264 | 17 and 18 of the 2010-2011 General Appropriations Act, paragraph |
265 | (c) is added to subsection (3) of section 216.292, Florida |
266 | Statutes, to read: |
267 | 216.292 Appropriations nontransferable; exceptions.- |
268 | (3) The following transfers are authorized with the |
269 | approval of the Executive Office of the Governor for the |
270 | executive branch or the Chief Justice for the judicial branch, |
271 | subject to the notice and objection provisions of s. 216.177: |
272 | (c) The transfer of appropriations for fixed capital |
273 | outlay from the Survey Recommended Needs-Public Schools |
274 | appropriation category to the Maintenance, Repair, Renovation |
275 | and Remodeling appropriation category. The allocation of |
276 | transferred funds shall be in accordance with s. 1013.64(1). |
277 | This paragraph expires July 1, 2011. |
278 | Section 4. In order to fulfill legislative intent |
279 | regarding the use of funds contained in Specific Appropriations |
280 | 639, 651, 663, and 1188 of the 2010-2011 General Appropriations |
281 | Act, the Department of Corrections and the Department of |
282 | Juvenile Justice may expend appropriated funds to assist in |
283 | defraying the costs of impacts that are incurred by a |
284 | municipality or county and that are associated with opening or |
285 | operating a facility under the authority of the department. The |
286 | amount paid for any facility may not exceed 1 percent of the |
287 | cost to construct the facility, less building impact fees |
288 | imposed by the municipality or county. This section expires July |
289 | 1, 2011. |
290 | Section 5. In order to implement Specific Appropriations |
291 | 629 through 724 and 747 through 781 of the 2010-2011 General |
292 | Appropriations Act, subsection (4) of section 216.262, Florida |
293 | Statutes, is amended to read: |
294 | 216.262 Authorized positions.- |
295 | (4) Notwithstanding the provisions of this chapter on |
296 | increasing the number of authorized positions, and for the 2010- |
297 | 2011 |
298 | of the Department of Corrections exceeds the inmate population |
299 | projections of the February 19, 2010 |
300 | Justice Estimating Conference by 1 percent for 2 consecutive |
301 | months or 2 percent for any month, the Executive Office of the |
302 | Governor, with the approval of the Legislative Budget |
303 | Commission, shall immediately notify the Criminal Justice |
304 | Estimating Conference, which shall convene as soon as possible |
305 | to revise the estimates. The Department of Corrections may then |
306 | submit a budget amendment requesting the establishment of |
307 | positions in excess of the number authorized by the Legislature |
308 | and additional appropriations from unallocated general revenue |
309 | sufficient to provide for essential staff, fixed capital |
310 | improvements, and other resources to provide classification, |
311 | security, food services, health services, and other variable |
312 | expenses within the institutions to accommodate the estimated |
313 | increase in the inmate population. All actions taken pursuant to |
314 | the authority granted in this subsection shall be subject to |
315 | review and approval by the Legislative Budget Commission. This |
316 | subsection expires July 1, 2011 |
317 | Section 6. In order to implement Specific Appropriations |
318 | 1306, 1322, 1329, 1349, and 1359 of the 2010-2011 General |
319 | Appropriations Act, the Department of Legal Affairs is |
320 | authorized to transfer cash remaining after required |
321 | disbursements for Attorney General case numbers 09-CV-51614, 16- |
322 | 2008-CA-01-3142CV-C, and CACE08022328 from FLAIR account 41-74- |
323 | 2-601001-41100100-00-181076-00 to the Operating Trust Fund to |
324 | pay salaries and benefits. This section expires July 1, 2011. |
325 | Section 7. In order to implement Specific Appropriations |
326 | 1343 and 1344 of the 2010-2011 General Appropriations Act, the |
327 | Department of Legal Affairs is authorized to expend appropriated |
328 | funds in those specific appropriations on the same programs that |
329 | were funded by the department pursuant to specific |
330 | appropriations made in general appropriations acts in previous |
331 | years. This section expires July 1, 2011. |
332 | Section 8. In order to implement Specific Appropriations |
333 | 1245 and 1251 of the 2010-2011 General Appropriations Act, |
334 | paragraph (d) of subsection (4) of section 932.7055, Florida |
335 | Statutes, is amended to read: |
336 | 932.7055 Disposition of liens and forfeited property.- |
337 | (4) The proceeds from the sale of forfeited property shall |
338 | be disbursed in the following priority: |
339 | (d) Notwithstanding any other provision of this |
340 | subsection, and for the 2010-2011 |
341 | the funds in a special law enforcement trust fund established by |
342 | the governing body of a municipality may be expended to |
343 | reimburse the general fund of the municipality for moneys |
344 | advanced from the general fund to the special law enforcement |
345 | trust fund prior to October 1, 2001. This paragraph expires July |
346 | 1, 2011 |
347 | Section 9. In order to implement Specific Appropriations |
348 | 3238 through 3260 of the 2010-2011 General Appropriations Act, |
349 | the Office of State Courts Administrator, with the assistance of |
350 | the clerks of the court and the Florida Association of Clerks |
351 | and Comptrollers, shall report by February 15, 2011, to the |
352 | chairs of the Senate Policy and Steering Committee on Ways and |
353 | Means and the House Full Appropriations Council on Education and |
354 | Economic Development, the number of assigned new and reopened |
355 | cases and the number of cases closed by each judge in each |
356 | division and circuit for the period January 1, 2010, through |
357 | December 31, 2010. |
358 | Section 10. In order to implement section 7 of the 2010- |
359 | 2011 General Appropriations Act, paragraph (c) is added to |
360 | subsection (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 |
364 | provisions of paragraph (a) for the 2010-2011 fiscal year. |
365 | Accordingly, for the 2010-2011 fiscal year, counties shall |
366 | maintain, but are not required to increase, their expenditures |
367 | for the items specified in paragraphs (1)(a)-(h) and subsection |
368 | (3). The requirements described in paragraph (a) shall be |
369 | reinstated beginning with the 2011-2012 fiscal year. This |
370 | paragraph expires July 1, 2011. |
371 | Section 11. (1) In order to implement Specific |
372 | Appropriations 1119, 1120, 1125, 1126, 1167, 1168, 1172, 1173, |
373 | 1175, 1178, 1179, 1182 through 1185, 1194, and 1199 of the 2010- |
374 | 2011 General Appropriations Act, the Department of Juvenile |
375 | Justice must comply with the following reimbursement |
376 | limitations: |
377 | (a) No payment to a hospital or a health care provider may |
378 | exceed 110 percent of the Medicare allowable rate for any health |
379 | care services provided if no contract exists between the |
380 | department and either the hospital or the health care provider |
381 | providing services at a hospital; |
382 | (b) The department may continue to make payments for |
383 | health care services at the currently contracted rates through |
384 | the current term of the contract if a contract has been executed |
385 | between the department and a hospital or a health care provider |
386 | providing services to a hospital; however, no payments may |
387 | exceed 110 percent of the Medicare allowable rate after the |
388 | current term of the contract expires or after the contract is |
389 | renewed during the 2010-2011 fiscal year; |
390 | (c) Payments may not exceed 110 percent of the Medicare |
391 | allowable rate under a contract executed on or after July 1, |
392 | 2010, between the department and a hospital or health care |
393 | provider 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 |
396 | Medicare allowable rate for health care services at a hospital |
397 | that reports or has reported a negative operating margin for the |
398 | previous fiscal year to the Agency for Health Care |
399 | Administration through hospital-audited financial data; and |
400 | (e) The department may not execute a contract for health |
401 | care services at hospitals for rates other than rates based on a |
402 | percentage of the Medicare allowable rate. |
403 | (2) For purposes of this section, the term "hospital" |
404 | means 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 |
407 | 3214 through 3216, 3218, 3222, and 3245A of the 2010-2011 |
408 | General Appropriations Act, subsection (3) is added to section |
409 | 44.108, Florida Statutes, to read: |
410 | 44.108 Funding of mediation and arbitration.- |
411 | (3) For the 2010-2011 fiscal year only and notwithstanding |
412 | any other provision of law to the contrary, moneys in the |
413 | Mediation and Arbitration Trust Fund may be used as specified in |
414 | the General Appropriations Act. This subsection expires July 1, |
415 | 2011. |
416 | Section 13. In order to implement Specific Appropriations |
417 | 324 through 355 of the 2010-2011 General Appropriations Act, |
418 | paragraphs (b) and (c) of subsection (3) of section 394.908, |
419 | Florida Statutes, are amended to read: |
420 | 394.908 Substance abuse and mental health funding equity; |
421 | distribution of appropriations.-In recognition of the historical |
422 | inequity in the funding of substance abuse and mental health |
423 | services for the department's districts and regions and to |
424 | rectify this inequity and provide for equitable funding in the |
425 | future throughout the state, the following funding process shall |
426 | be used: |
427 | (3) |
428 | (b) Notwithstanding paragraph (a) and for the 2010-2011 |
429 | |
430 | mental health treatment services shall be allocated to the areas |
431 | of the state having the greatest demand for services and |
432 | treatment capacity. This paragraph expires July 1, 2011 |
433 | (c) Notwithstanding paragraph (a) and for the 2010-2011 |
434 | |
435 | substance abuse and mental health services from funds available |
436 | through the Community-Based Medicaid Administrative Claiming |
437 | Program shall be allocated as provided in the 2010-2011 |
438 | |
439 | provider earnings. This paragraph expires July 1, 2011 |
440 | Section 14. In order to implement Specific Appropriation |
441 | 486 of the 2010-2011 General Appropriations Act, and for the |
442 | 2010-2011 fiscal year only, the following requirements shall |
443 | govern Phase 2 of the Department of Health's Florida Onsite |
444 | Sewage Nitrogen Reduction Strategies Study: |
445 | (1) The underlying contract for which the study was let |
446 | shall remain in full force and effect with the Department of |
447 | Health and funding the contract for Phase 2 of the study shall |
448 | be through the Department of Health. |
449 | (2) The Department of Health, the Department of Health's |
450 | Research Review and Advisory Committee, and the Department of |
451 | Environmental Protection shall work together to provide the |
452 | necessary technical oversight of Phase 2 of the project, with |
453 | the Department of Environmental Protection having maximum |
454 | technical input. |
455 | (3) Management and oversight of Phase 2 shall be |
456 | consistent with the terms of the existing contract; however, the |
457 | main focus and priority for work to be completed for Phase 2 |
458 | shall be in developing, testing, and recommending cost-effective |
459 | passive technology design criteria for nitrogen reduction. |
460 | (4) The systems installed at actual home sites are |
461 | experimental in nature and shall be installed with significant |
462 | field testing and monitoring. The Department of Health is |
463 | specifically authorized to allow installation of these |
464 | experimental systems. In addition, before Phase 2 of the study |
465 | is complete and notwithstanding any law to the contrary, a state |
466 | agency may not adopt or implement a rule or policy that: |
467 | (a) Mandates, establishes, or implements any new nitrogen- |
468 | reduction standards that apply to existing or new onsite sewage |
469 | treatment systems or modification of such systems; |
470 | (b) Increases the cost of treatment for nitrogen reduction |
471 | from onsite sewage treatment systems; or |
472 | (c) Directly requires or has the indirect effect of |
473 | requiring, for nitrogen reduction, the use of performance-based |
474 | treatment systems or any similar technology; provided the |
475 | Department of Environmental Protection administrative orders |
476 | recognizing onsite system modifications, developed through a |
477 | basin management action plan adopted pursuant to section |
478 | 403.067, Florida Statutes, are not subject to the above |
479 | restrictions where implementation of onsite system modifications |
480 | are phased in after completion of Phase 2, except that no onsite |
481 | system modification developed in a basin management action plan |
482 | shall directly or indirectly require the installation of |
483 | performance-based treatment systems. |
484 | Section 15. Effective June 29, 2010, in order to implement |
485 | Specific Appropriation 270 through 375 of the 2010-2011 General |
486 | Appropriations Act, subsection (3) of section 1 of chapter 2007- |
487 | 174, Laws of Florida, is amended to read: |
488 | Section 1. Flexibility for the Department of Children and |
489 | Family Services.- |
490 | (3) This section expires July 1, 2011 |
491 | Section 16. In order to implement Specific Appropriation |
492 | 568A of the 2010-2011 General Appropriations Act, |
493 | notwithstanding the provisions of s. 216.177, Florida Statutes, |
494 | requiring only 3 days' notice to the Legislature for the release |
495 | of funds, budget amendments recommending the release of funds |
496 | appropriated in Specific Appropriation 568A shall be provided at |
497 | least 14 days before the effective date of the action and shall |
498 | be subject to the objection procedures in s. 216.177(2)(b), |
499 | Florida Statutes. |
500 | Section 17. In order to implement section 114 of the 2010- |
501 | 2011 General Appropriations Act, the Florida Catastrophic Storm |
502 | Risk Management Center at Florida State University shall conduct |
503 | the analysis as originally required in section 164 of chapter |
504 | 2004-390, Laws of Florida. Notwithstanding section 164 of |
505 | chapter 2004-390, Laws of Florida, the Florida Catastrophic |
506 | Storm Risk Management Center at Florida State University is |
507 | directed to use the most recent and available premium data for |
508 | personal lines property and casualty insurance in completing the |
509 | analysis. |
510 | Section 18. In order to implement Specific Appropriation |
511 | 3055P 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 |
514 | tax revenue in fiscally constrained counties.- |
515 | (3) In determining the reductions in ad valorem tax |
516 | revenues occurring as a result of the implementation of the |
517 | revisions to Art. VII of the State Constitution approved in the |
518 | special election held on January 29, 2008, the value of |
519 | assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the |
520 | State Constitution shall include only the reduction in taxable |
521 | value for homesteads established January 1, 2010 |
522 | Section 19. The amendment to s. 218.12(3), Florida |
523 | Statutes, made by this act shall expire July 1, 2011, and the |
524 | text of that subsection shall revert to that in existence on |
525 | June 30, 2009, except that any amendments to such text enacted |
526 | other than by this act shall be preserved and continue to |
527 | operate to the extent that such amendments are not dependent |
528 | upon the portions of such text which expire pursuant to this |
529 | section. |
530 | Section 20. In order to implement Specific Appropriation |
531 | 2838 of the 2010-2011 General Appropriations Act, paragraph (b) |
532 | of subsection (1) of section 255.518, Florida Statutes, is |
533 | reenacted to read: |
534 | 255.518 Obligations; purpose, terms, approval, |
535 | limitations.- |
536 | (1) |
537 | (b) Payment of debt service charges on obligations during |
538 | the construction of any facility financed by such obligations |
539 | shall be made from funds other than proceeds of obligations. |
540 | Section 21. The amendment to s. 255.518(1)(b), Florida |
541 | Statutes, as carried forward by this act from chapters 2008-153 |
542 | and 2009-82, Laws of Florida, shall expire July 1, 2011, and the |
543 | text of that paragraph shall revert to that in existence on June |
544 | 30, 2008, except that any amendments to such text enacted other |
545 | than by this act shall be preserved and continue to operate to |
546 | the extent that such amendments are not dependent upon the |
547 | portions of such text which expire pursuant to this section. |
548 | Section 22. In order to implement Specific Appropriations |
549 | 2821 through 2835 of the 2010-2011 General Appropriations Act, |
550 | paragraph (b) of subsection (7) of section 255.503, Florida |
551 | Statutes, is amended to read: |
552 | 255.503 Powers of the Department of Management Services.- |
553 | The Department of Management Services shall have all the |
554 | authority necessary to carry out and effectuate the purposes and |
555 | provisions of this act, including, but not limited to, the |
556 | authority to: |
557 | (7) |
558 | (b) No later than the date upon which the department |
559 | recommends to the Division of State Lands of the Department of |
560 | Environmental Protection the disposition of any facility within |
561 | the Florida Facilities Pool, the department shall provide to the |
562 | President of the Senate, the Speaker of the House of |
563 | Representatives, the Executive Office of the Governor, and the |
564 | Division of Bond Finance of the State Board of Administration an |
565 | analysis that includes: |
566 | 1. The cost benefit of the proposed facility disposition, |
567 | including the facility's current operating expenses, condition, |
568 | and market value, and viable alternatives for work space for |
569 | impacted state employees. |
570 | 2. The effect of the proposed facility disposition on the |
571 | financial status of the Florida Facilities Pool, including the |
572 | effect on rental rates and coverage requirement for the bonds. |
573 | |
574 | This paragraph expires July 1, 2011 |
575 | Section 23. Notwithstanding any provision in chapter 287, |
576 | Florida Statutes, to the contrary, the Department of Management |
577 | Services shall issue, by January 1, 2011, a solicitation for |
578 | office supplies and subsequently award a multiple-supplier |
579 | contract with at least three awarded vendors. |
580 | Section 24. In order to implement Specific Appropriations |
581 | 2379 through 2401 of the 2010-2011 General Appropriations Act, |
582 | subsection (14) of section 253.034, Florida Statutes, is amended |
583 | to read: |
584 | 253.034 State-owned lands; uses.- |
585 | (14) Notwithstanding the provisions of this section, funds |
586 | derived from the sale of |
587 | property |
588 | be deposited into the Citrus Advertising Trust Fund. This |
589 | subsection expires July 1, 2011 |
590 | Section 25. In order to implement Specific Appropriations |
591 | 1651, 1763, 1789, and 1790 of the 2010-2011 General |
592 | Appropriations Act, paragraph (b) of subsection (3) of section |
593 | 375.041, 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 |
597 | the 2010-2011 |
598 | Acquisition Trust Fund are authorized for transfer to support |
599 | the Clean Water State Revolving Fund, the Drinking Water State |
600 | Revolving Fund, the Total Maximum Daily Loads programs, and the |
601 | Marine Spatial Planning programs |
602 | |
603 | |
604 | Act. This paragraph expires July 1, 2011 |
605 | Section 26. In order to implement Specific Appropriations |
606 | 1389 and 1692 of the 2010-2011 General Appropriations Act, |
607 | subsection (12) of section 373.59, Florida Statutes, is amended |
608 | to read: |
609 | 373.59 Water Management Lands Trust Fund.- |
610 | (12) Notwithstanding |
611 | for the 2010-2011 |
612 | the Water Management Lands Trust Fund shall be allocated as |
613 | follows: |
614 | (a) An amount necessary to pay debt service on bonds |
615 | issued before February 1, 2009, by the South Florida Water |
616 | Management District and the St. Johns River Water Management |
617 | District, which are secured by revenues provided pursuant to |
618 | this section, or to fund debt service reserve funds, rebate |
619 | obligations, or other amounts payable with respect to such |
620 | bonds; |
621 | (b) Eight million dollars to be transferred to the General |
622 | Revenue Fund; |
623 | (c) The remaining funds to be distributed equally between |
624 | the Suwannee River Water Management District and the Northwest |
625 | Florida Water Management District; and |
626 | (d) For the 2010-2011 fiscal year only, the sum of $50,000 |
627 | from the Water Management Lands Trust Fund shall be transferred |
628 | to the General Inspection Trust Fund in the Department of |
629 | Agriculture and Consumer Services for the soil and water |
630 | conservation districts for support services. |
631 | |
632 | This subsection expires July 1, 2011 |
633 | Section 27. In order to implement Specific Appropriations |
634 | 1765, 1766, 1767, 1769, and 1769A of the 2010-2011 General |
635 | Appropriations Act, paragraph (g) of subsection (1) of section |
636 | 403.1651, Florida Statutes, is reenacted to read: |
637 | 403.1651 Ecosystem Management and Restoration Trust Fund.- |
638 | (1) There is created the Ecosystem Management and |
639 | Restoration Trust Fund to be administered by the Department of |
640 | Environmental Protection for the purposes of: |
641 | (g) Funding activities to preserve and repair the state's |
642 | beaches as provided in ss. 161.091-161.212. |
643 | Section 28. The amendment to s. 403.1651(1)(g), Florida |
644 | Statutes, as carried forward by this act from chapter 2009-82, |
645 | Laws of Florida, shall expire July 1, 2011, and the text of that |
646 | subsection shall revert to that in existence on June 30, 2009, |
647 | except that any amendments to such text enacted other than by |
648 | this act shall be preserved and continue to operate to the |
649 | extent that such amendments are not dependent upon the portions |
650 | of such text which expire pursuant to this section. |
651 | Section 29. In order to implement Specific Appropriations |
652 | 1456, 1473, 1491A, and 1493B of the 2010-2011 General |
653 | Appropriations Act, subsection (3) is added to section 403.1651, |
654 | Florida Statutes, to read: |
655 | 403.1651 Ecosystem Management and Restoration Trust Fund.- |
656 | (3) For the 2010-2011 fiscal year only, moneys in the |
657 | Ecosystems Management and Restoration Trust Fund are authorized |
658 | for transfer to the General Inspection Trust Fund in the |
659 | Department of Agriculture and Consumer Services for the Farm |
660 | Share, Food Banks, and Mosquito Control programs, and the |
661 | Technological Research and Development Authority. This |
662 | subsection expires July 1, 2011. |
663 | Section 30. In order to implement Specific Appropriations |
664 | 1378 through 1538 of the 2010-2011 General Appropriations Act, |
665 | subsection (2) of section 570.20, Florida Statutes, is amended |
666 | to read: |
667 | 570.20 General Inspection Trust Fund.- |
668 | (2) For the 2010-2011 |
669 | notwithstanding any other provision of law to the contrary, in |
670 | addition to the spending authorized in subsection (1), moneys in |
671 | the General Inspection Trust Fund may be appropriated for |
672 | programs operated by the department which are related to the |
673 | programs authorized by this chapter. This subsection expires |
674 | July 1, 2011 |
675 | Section 31. In order to implement Specific Appropriation |
676 | 1833 of the 2010-2011 General Appropriations Act, subsection (7) |
677 | of 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 |
680 | contrary, and for the 2010-2011 |
681 | Department of Environmental Protection shall award the sum of |
682 | $2,400,000 |
683 | populations of fewer than 100,000 for waste tire and litter |
684 | prevention, recycling education, and general solid waste |
685 | programs. This subsection expires July 1, 2011 |
686 | Section 32. In order to implement Specific Appropriation |
687 | 1490 of the 2010-2011 General Appropriations Act and to provide |
688 | consistency and continuity in the promotion of agriculture |
689 | throughout the state, notwithstanding s. 287.057, Florida |
690 | Statutes, the Department of Agriculture and Consumer Services, |
691 | at its discretion, may extend, revise, and renew current |
692 | contracts or agreements created or entered into pursuant to |
693 | chapter 2006-25, Laws of Florida. This section expires July 1, |
694 | 2011. |
695 | Section 33. In order to implement Specific Appropriation |
696 | 2125 of the 2010-2011 General Appropriations Act, subsection (5) |
697 | of section 339.135, Florida Statutes, is amended to read: |
698 | 339.135 Work program; legislative budget request; |
699 | definitions; preparation, adoption, execution, and amendment.- |
700 | (5) ADOPTION OF THE WORK PROGRAM.- |
701 | (a) The original approved budget for operational and fixed |
702 | capital expenditures for the department shall be the Governor's |
703 | budget recommendation and the first year of the tentative work |
704 | program, as both are amended by the General Appropriations Act |
705 | and any other act containing appropriations. In accordance with |
706 | the appropriations act, the department shall, prior to the |
707 | beginning of the fiscal year, adopt a final work program which |
708 | shall only include the original approved budget for the |
709 | department for the ensuing fiscal year together with any roll |
710 | forwards approved pursuant to paragraph (6)(c) and the portion |
711 | of the tentative work program for the following 4 fiscal years |
712 | revised in accordance with the original approved budget for the |
713 | department for the ensuing fiscal year together with said roll |
714 | forwards. The adopted work program may include only those |
715 | projects submitted as part of the tentative work program |
716 | developed under the provisions of subsection (4) plus any |
717 | projects which are separately identified by specific |
718 | appropriation in the General Appropriations Act and any roll |
719 | forwards approved pursuant to paragraph (6)(c). However, any |
720 | transportation project of the department which is identified by |
721 | specific appropriation in the General Appropriations Act shall |
722 | be deducted from the funds annually distributed to the |
723 | respective district pursuant to paragraph (4)(a). In addition, |
724 | the department shall not in any year include any project or |
725 | allocate funds to a program in the adopted work program that is |
726 | contrary to existing law for that particular year. Projects |
727 | shall not be undertaken unless they are listed in the adopted |
728 | work program. |
729 | (b) Notwithstanding paragraph (a), and for the 2010-2011 |
730 | |
731 | shall transfer funds to the Office of Tourism, Trade, and |
732 | Economic Development in an amount equal to $20,300,000 for the |
733 | purpose of funding transportation-related needs of economic |
734 | development projects. This transfer shall not reduce, delete, or |
735 | defer any existing projects funded, as of July 1, 2009, in the |
736 | Department of Transportation's 5-year work program. This |
737 | paragraph expires July 1, 2011 |
738 | Section 34. In order to implement Specific Appropriation |
739 | 2672 and section 72 of the 2010-2011 General Appropriations Act, |
740 | funds appropriated out of the Economic Development |
741 | Transportation Trust Fund may be used for economic development |
742 | infrastructure projects and other economic development projects; |
743 | for improvements to other launch complexes and space |
744 | transportation facilities in order to attract new space vehicle |
745 | testing and launch business to the state; for addressing |
746 | intermodal requirements and impacts of the launch ranges, |
747 | spaceports, and other space transportation facilities; for |
748 | advancing aerospace technology to meet the current and future |
749 | needs of the United States commercial space transportation |
750 | industry; and for assisting in the development of joint-use |
751 | facilities and technology that support aviation and aerospace |
752 | operations, including high altitude and suborbital flights and |
753 | range technology development. This section expires July 1, 2011. |
754 | Section 35. In order to implement sections 2 through 7 of |
755 | the 2010-2011 General Appropriations Act, subsection (5) of |
756 | section 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 |
759 | initiation of a fixed capital outlay project that has not |
760 | received a specific legislative appropriation. |
761 | (b) Notwithstanding paragraph (a), and for the 2010-2011 |
762 | |
763 | initiation of fixed capital outlay projects funded by grants |
764 | awarded by the Federal Government through the American Recovery |
765 | and Reinvestment Act of 2009 or by any other federal economic |
766 | stimulus grant funding received. All actions taken pursuant to |
767 | the authority granted in the paragraph are subject to review and |
768 | approval by the Legislative Budget Commission. This paragraph |
769 | expires July 1, 2011 |
770 | Section 36. In order to implement sections 2 through 7 of |
771 | the 2010-2011 General Appropriations Act, the Executive Office |
772 | of the Governor is authorized to transfer funds appropriated for |
773 | the American Recovery and Reinvestment Act of 2009 (ARRA) in |
774 | traditional appropriation categories in the 2010-2011 General |
775 | Appropriations Act to appropriation categories established for |
776 | the specific purpose of tracking funds appropriated for the |
777 | ARRA. This section expires July 1, 2011. |
778 | Section 37. In order to implement section 76 of the 2010- |
779 | 2011 General Appropriations Act, paragraph (n) of subsection (1) |
780 | of 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 |
783 | Transportation Trust Fund accruing to the department, in |
784 | accordance with its annual budget. The use of such moneys shall |
785 | be restricted to the following purposes: |
786 | (n) To pay administrative expenses incurred in accordance |
787 | with applicable laws for a multicounty transportation or |
788 | expressway authority created under chapter 343 or chapter 348, |
789 | where jurisdiction for the authority includes a portion of the |
790 | State Highway System and the administrative expenses are in |
791 | furtherance of the duties and responsibilities of the authority |
792 | in the development of improvements to the State Highway System. |
793 | This paragraph expires July 1, 2011 |
794 | Section 38. In order to implement Specific Appropriation |
795 | 2112 of the 2010-2011 General Appropriations Act, paragraph (p) |
796 | of subsection (1) of section 339.08, Florida Statutes, is |
797 | amended to read: |
798 | 339.08 Use of moneys in State Transportation Trust Fund.- |
799 | (1) The department shall expend moneys in the State |
800 | Transportation Trust Fund accruing to the department, in |
801 | accordance with its annual budget. The use of such moneys shall |
802 | be restricted to the following purposes: |
803 | (p) To pay for county and school district transportation |
804 | infrastructure improvements. This paragraph expires July 1, 2011 |
805 | |
806 | Section 39. In order to implement section 129 of the 2010- |
807 | 2011 General Appropriations Act, subsection (4) of section |
808 | 339.08, Florida Statutes, is amended to read: |
809 | 339.08 Use of moneys in State Transportation Trust Fund.- |
810 | (4) For the 2010-2011 |
811 | notwithstanding the provisions of this section and ss. 339.09(1) |
812 | and 215.32(2)(b)4., funds may be transferred from the State |
813 | Transportation Trust Fund to the General Revenue Fund as |
814 | specified in the General Appropriations Act. Notwithstanding ss. |
815 | 206.46(3) and 206.606(2), the total amount transferred shall be |
816 | reduced from total state revenues deposited into the State |
817 | Transportation Trust Fund for the calculation requirements of |
818 | ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
819 | 2011 |
820 | Section 40. In order to implement section 54 of the 2010- |
821 | 2011 General Appropriations Act, subsection (11) of section |
822 | 445.009, 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 |
825 | activity administered under this chapter shall be deemed an |
826 | employee of the state for purposes of workers' compensation |
827 | coverage. In determining the average weekly wage, all |
828 | remuneration received from the employer shall be considered a |
829 | gratuity, and the participant shall not be entitled to any |
830 | benefits otherwise payable under s. 440.15, regardless of |
831 | whether the participant may be receiving wages and remuneration |
832 | from other employment with another employer and regardless of |
833 | his or her future wage-earning capacity. |
834 | (b) This subsection expires July 1, 2011 |
835 | Section 41. In order to implement Specific Appropriations |
836 | 1557 through 1560 of the 2010-2011 General Appropriations Act, |
837 | paragraph (d) of subsection (3) of section 163.3247, Florida |
838 | Statutes, is amended to read: |
839 | 163.3247 Century Commission for a Sustainable Florida.- |
840 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
841 | CREATION; ORGANIZATION.-The Century Commission for a Sustainable |
842 | Florida is created as a standing body to help the citizens of |
843 | this state envision and plan their collective future with an eye |
844 | towards both 25-year and 50-year horizons. |
845 | (d) Members of the commission shall serve without |
846 | compensation |
847 | |
848 | |
849 | Section 42. The amendment to s. 163.3247(3)(d), Florida |
850 | Statutes, made by this act shall expire July 1, 2011, and the |
851 | text of that paragraph shall revert to that in existence on June |
852 | 30, 2010, except that any amendments to such text enacted other |
853 | than by this act shall be preserved and continue to operate to |
854 | the extent that such amendments are not dependent upon the |
855 | portions of such text which expire pursuant to this section. |
856 | Section 43. In order to implement Specific Appropriations |
857 | 1557 through 1560 of the 2010-2011 General Appropriations Act, |
858 | paragraph (c) of subsection (1) of section 201.15, Florida |
859 | Statutes, as amended by section 2 of chapter 2009-271, Laws of |
860 | Florida, is amended to read: |
861 | 201.15 Distribution of taxes collected.-All taxes |
862 | collected under this chapter are subject to the service charge |
863 | imposed in s. 215.20(1). Prior to distribution under this |
864 | section, the Department of Revenue shall deduct amounts |
865 | necessary to pay the costs of the collection and enforcement of |
866 | the tax levied by this chapter. Such costs and the service |
867 | charge may not be levied against any portion of taxes pledged to |
868 | debt service on bonds to the extent that the costs and service |
869 | charge are required to pay any amounts relating to the bonds. |
870 | After distributions are made pursuant to subsection (1), all of |
871 | the costs of the collection and enforcement of the tax levied by |
872 | this chapter and the service charge shall be available and |
873 | transferred to the extent necessary to pay debt service and any |
874 | other amounts payable with respect to bonds authorized before |
875 | January 1, 2010, secured by revenues distributed pursuant to |
876 | subsection (1). All taxes remaining after deduction of costs and |
877 | the service charge shall be distributed as follows: |
878 | (1) Sixty-three and thirty-one hundredths percent of the |
879 | remaining 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 |
882 | credit of: |
883 | 1. The State Transportation Trust Fund in the Department |
884 | of Transportation in the amount of the lesser of 38.2 percent of |
885 | the remainder or $541.75 million in each fiscal year, to be used |
886 | for the following specified purposes, notwithstanding any other |
887 | law to the contrary: |
888 | a. For the purposes of capital funding for the New Starts |
889 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
890 | specified in s. 341.051, 10 percent of these funds; |
891 | b. For the purposes of the Small County Outreach Program |
892 | specified in s. 339.2818, 5 percent of these funds. Effective |
893 | July 1, 2014, the percentage allocated under this sub- |
894 | subparagraph shall be increased to 10 percent; |
895 | c. For the purposes of the Strategic Intermodal System |
896 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
897 | of these funds after allocating for the New Starts Transit |
898 | Program described in sub-subparagraph a. and the Small County |
899 | Outreach Program described in sub-subparagraph b.; and |
900 | d. For the purposes of the Transportation Regional |
901 | Incentive Program specified in s. 339.2819, 25 percent of these |
902 | funds after allocating for the New Starts Transit Program |
903 | described in sub-subparagraph a. and the Small County Outreach |
904 | Program described in sub-subparagraph b. Effective July 1, 2014, |
905 | the first $60 million of the funds allocated pursuant to this |
906 | sub-subparagraph shall be allocated annually to the Florida Rail |
907 | Enterprise for the purposes established in s. 341.303(5). |
908 | 2. The Grants and Donations Trust Fund in the Department |
909 | of Community Affairs in the amount of the lesser of .23 percent |
910 | of the remainder or $3.25 million in each fiscal year |
911 | |
912 | governments and school boards on the requirements and |
913 | implementation of this act |
914 | |
915 | 3. The Ecosystem Management and Restoration Trust Fund in |
916 | the amount of the lesser of 2.12 percent of the remainder or $30 |
917 | million in each fiscal year, to be used for the preservation and |
918 | repair of the state's beaches as provided in ss. 161.091- |
919 | 161.212. |
920 | 4. General Inspection Trust Fund in the amount of the |
921 | lesser of .02 percent of the remainder or $300,000 in each |
922 | fiscal year to be used to fund oyster management and restoration |
923 | programs as provided in s. 379.362(3). |
924 | |
925 | Moneys distributed pursuant to this paragraph may not be pledged |
926 | for debt service unless such pledge is approved by referendum of |
927 | the voters. |
928 | Section 44. The amendment to s. 201.15(1)(c)2., Florida |
929 | Statutes, made by this act shall expire July 1, 2011, and the |
930 | text of that subparagraph shall revert to that in existence on |
931 | June 30, 2010, except that any amendments to such text enacted |
932 | other than by this act shall be preserved and continue to |
933 | operate to the extent that such amendments are not dependent |
934 | upon the portions of such text which expire pursuant to this |
935 | section. |
936 | Section 45. In order to implement Specific Appropriations |
937 | 1617 and 1615A of the 2010-2011 General Appropriations Act, |
938 | subsection (8) of section 215.559, Florida Statutes, is amended |
939 | to read: |
940 | 215.559 Hurricane Loss Mitigation Program.- |
941 | (8)(a) Notwithstanding any other provision of this section |
942 | and for the 2010-2011 |
943 | million appropriation provided for in subsection (2)(b) may be |
944 | used for hurricane shelters as identified in the General |
945 | Appropriations Act. |
946 | |
947 | |
948 | |
949 | |
950 | |
951 | |
952 | |
953 | |
954 | |
955 | |
956 | |
957 | |
958 | |
959 | |
960 | (b) This subsection expires June 30, 2011 |
961 | Section 46. In order to implement Specific Appropriation |
962 | 2072 of the 2010-2011 General Appropriations Act, subsection (8) |
963 | of section 332.007, Florida Statutes, is reenacted to read: |
964 | 332.007 Administration and financing of aviation and |
965 | airport programs and projects; state plan.- |
966 | (8) Notwithstanding any other provision of law to the |
967 | contrary, the department is authorized to fund security |
968 | projects, including operational and maintenance assistance, at |
969 | publicly owned public-use airports. For projects in the current |
970 | adopted work program, or projects added using the available |
971 | budget of the department, airports may request the department |
972 | change the project purpose in accordance with this provision |
973 | notwithstanding the provisions of s. 339.135(7). For purposes of |
974 | this subsection, the department may fund up to 100 percent of |
975 | eligible project costs that are not funded by the Federal |
976 | Government. This subsection shall expire on June 30, 2012. |
977 | Section 47. The amendment to s. 332.007(8), Florida |
978 | Statutes, as carried forward by this act from chapter 2009-82, |
979 | Laws of Florida, shall expire July 1, 2011, and the text of that |
980 | subsection shall revert to that in existence on June 30, 2009, |
981 | except that any amendments to such text enacted other than by |
982 | this act shall be preserved and continue to operate to the |
983 | extent that such amendments are not dependent upon the portions |
984 | of such text which expire pursuant to this section. |
985 | Section 48. In order to implement Specific Appropriation |
986 | 2651 of the 2010-2011 General Appropriations Act, the Florida |
987 | Major Performing Arts Center Task Force is created as follows: |
988 | (1) The Florida Major Performing Arts Center Task Force is |
989 | created for the purpose of defining and evaluating the economic |
990 | impact of Florida's largest nonprofit and publically operated |
991 | performing arts centers, determining an impact threshold for |
992 | qualification as a Florida Major Performing Arts Center, and |
993 | making recommendations for dedicated state funding and policy |
994 | for support based on these findings. |
995 | (2) The task force shall consist of nine members as |
996 | follows: |
997 | (a) The Secretary of State or his or her designee. |
998 | (b) The director of the Office of Tourism, Trade, and |
999 | Economic Development or his or her designee. |
1000 | (c) A representative from Enterprise Florida, Inc. |
1001 | (d) A representative from the Florida Tourism Industry |
1002 | Marketing Corporation. |
1003 | (e) Five members chosen from among the cultural community |
1004 | leadership in each region of the state in which major performing |
1005 | arts 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 |
1008 | House of Representatives. |
1009 | 3. Two members shall be appointed by the President of the |
1010 | Senate. |
1011 | (3) The members of the task force shall elect a chair and |
1012 | vice chair from among its membership. The chair shall preside at |
1013 | all meetings of the task force. |
1014 | (4) The task force shall meet at the call of the chair or |
1015 | at the request of the majority of its membership to undertake |
1016 | and complete its purpose. The task force may conduct its |
1017 | meetings through teleconferences or other similar means. |
1018 | (5) The task force shall submit a final report of its |
1019 | findings and recommendations to the Governor, the Speaker of the |
1020 | House of Representatives, and the President of the Senate no |
1021 | later than December 31, 2010. |
1022 | (6) Staffing for the task force shall be provided by the |
1023 | Office of Tourism, Trade, and Economic Development. |
1024 | (7) The task force shall terminate upon delivery of the |
1025 | report. |
1026 | Section 49. In order to implement Specific Appropriation |
1027 | 2214, and associated proviso, of the 2010-2011 General |
1028 | Appropriations Act, subsections (10) and (11) are added to |
1029 | section 445.007, Florida Statutes, to read: |
1030 | 445.007 Regional workforce boards.- |
1031 | (10) State and federal funds provided to the regional |
1032 | workforce boards may not be used directly or indirectly to pay |
1033 | for meals, food, or beverages for board members, staff, or |
1034 | employees of regional workforce boards, Workforce Florida, Inc. |
1035 | or the Agency for Workforce Innovation except as expressly |
1036 | authorized by state law. Preapproved, reasonable, and necessary |
1037 | per diem allowances and travel expenses may be reimbursed. Such |
1038 | reimbursement shall be at the standard travel reimbursement |
1039 | rates established in s. 112.061 and shall be in compliance with |
1040 | all applicable federal and state requirements. Workforce |
1041 | Florida, Inc. shall develop a statewide fiscal policy applicable |
1042 | to the state board and all regional workforce boards, to hold |
1043 | both the state and regional boards strictly accountable for |
1044 | adherence to the policy and subject to regular and periodic |
1045 | monitoring by the Agency for Workforce Innovation, the |
1046 | administrative entity for Workforce Florida, Inc. Boards are |
1047 | prohibited from expending state or federal funds for |
1048 | entertainment costs and recreational activities for board |
1049 | members and employees as these terms are defined by 2 C.F.R. |
1050 | part 230. This subsection expires July 1, 2011. |
1051 | (11) To increase transparency and accountability, regional |
1052 | workforce boards shall comply with the requirements of this |
1053 | section before contracting with a member of the regional |
1054 | workforce board. Such contracts shall not be executed before or |
1055 | without the approval of Workforce Florida, Inc. Such contracts, |
1056 | as well as documentation demonstrating adherence to this section |
1057 | as specified by Workforce Florida, Inc. must be submitted to the |
1058 | Agency for Workforce Innovation for review and recommendation |
1059 | according to criteria to be determined by Workforce Florida, |
1060 | Inc. Contracts between relatives, as defined in s. |
1061 | 112.3143(1)(b), of a board member or employee of a board must be |
1062 | approved by a two-thirds vote of the entire board; all conflicts |
1063 | must be disclosed prior to the vote; and any member who may |
1064 | benefit from the contract, or whose relative may benefit from |
1065 | the contract, must abstain from the vote and the contract must |
1066 | be reviewed and approved as stated above. Contracts under |
1067 | $25,000 between a regional workforce board and a member of that |
1068 | board or between relatives, as defined in s. 112.3143(1)(b), of |
1069 | a board member or employees of a board are exempt from the |
1070 | review and recommendation process but must be approved by a two- |
1071 | thirds vote of the entire board and must be reported to the |
1072 | Agency for Workforce Innovation and Workforce Florida, Inc. |
1073 | within 30 days after approval. If a contract cannot be approved |
1074 | by Workforce Florida, Inc. a review of the decision to |
1075 | disapprove the contract may be requested by the regional |
1076 | workforce board or other parties to the disapproved contract. |
1077 | This subsection expires July 1, 2011. |
1078 | Section 50. In order to implement Specific Appropriations |
1079 | 2071 through 2083, 2090 through 2094, 2110 through 2117, 2119 |
1080 | through 2129, and 2169 through 2179 and section 129 of the 2010- |
1081 | 2011 General Appropriations Act, subsection (3) is added to |
1082 | section 206.608, Florida Statutes, to read: |
1083 | 206.608 State Comprehensive Enhanced Transportation System |
1084 | Tax; deposit of proceeds; distribution.- Moneys received |
1085 | pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited |
1086 | in the Fuel Tax Collection Trust Fund, and, after deducting the |
1087 | service charge imposed in chapter 215 and administrative costs |
1088 | incurred by the department in collecting, administering, |
1089 | enforcing, and distributing the tax, which administrative costs |
1090 | may not exceed 2 percent of collections, shall be distributed as |
1091 | follows: |
1092 | (3) For the 2010-2011 fiscal year only, and |
1093 | notwithstanding the provisions of subsection (2), the remaining |
1094 | proceeds of the tax levied pursuant to s. 206.41(1)(f) and all |
1095 | of the proceeds from the tax imposed by s. 206.87(1)(d) shall be |
1096 | transferred into the State Transportation Trust Fund and shall |
1097 | be used for the purposes stated in s. 339.08. This paragraph |
1098 | expires July 1, 2011. |
1099 | Section 51. In order to implement Specific Appropriations |
1100 | 2071 through 2083, 2090 through 2094, 2110 through 2117, 2119 |
1101 | through 2129, and 2169 through 2179 and section 129 of the 2010- |
1102 | 2011 General Appropriations Act, paragraph (a) of subsection (4) |
1103 | of section 339.135, Florida Statutes, is amended, and present |
1104 | paragraphs (a) through (g) of subsection (7) of that section are |
1105 | redesignated as paragraphs (c) through (i), respectively, and |
1106 | new paragraphs (a) and (b) are added to that subsection, to |
1107 | read: |
1108 | 339.135 Work program; legislative budget request; |
1109 | definitions; 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 |
1112 | for local efforts to improve the State Highway System, the |
1113 | department shall, for the purpose of developing a tentative work |
1114 | program, allocate funds for new construction to the districts, |
1115 | except for the turnpike enterprise, based on equal parts of |
1116 | population and motor fuel tax collections. Funds for |
1117 | resurfacing, bridge repair and rehabilitation, bridge fender |
1118 | system construction or repair, public transit projects except |
1119 | public transit block grants as provided in s. 341.052, and other |
1120 | programs with quantitative needs assessments shall be allocated |
1121 | based on the results of these assessments. The department may |
1122 | not transfer any funds allocated to a district under this |
1123 | paragraph to any other district except as provided in subsection |
1124 | (7). Funds for public transit block grants shall be allocated to |
1125 | the districts pursuant to s. 341.052. Funds for the intercity |
1126 | bus program provided for under s. 5311(f) of the federal |
1127 | nonurbanized area formula program shall be administered and |
1128 | allocated directly to eligible bus carriers as defined in s. |
1129 | 341.031(12) at the state level rather than the district. In |
1130 | order to provide state funding to support the intercity bus |
1131 | program provided for under provisions of the federal 5311(f) |
1132 | program, the department shall allocate an amount equal to the |
1133 | federal share of the 5311(f) program from amounts calculated |
1134 | pursuant to s. 206.46(3). |
1135 | 2. Notwithstanding the provisions of subparagraph 1., the |
1136 | department shall allocate at least 50 percent of any new |
1137 | discretionary highway capacity funds to the Florida Strategic |
1138 | Intermodal System created pursuant to s. 339.61. Any remaining |
1139 | new discretionary highway capacity funds shall be allocated to |
1140 | the districts for new construction as provided in subparagraph |
1141 | 1. For the purposes of this subparagraph, the term "new |
1142 | discretionary highway capacity funds" means any funds available |
1143 | to the department above the prior year funding level for |
1144 | capacity improvements, which the department has the discretion |
1145 | to allocate to highway projects. |
1146 | 3. Notwithstanding subparagraphs |
1147 | and ss. 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and |
1148 | 339.2819(3), and for the 2010-2011 |
1149 | the department shall reduce work program levels to balance the |
1150 | finance plan to the revised funding levels resulting from any |
1151 | reduction in the 2010-2011 |
1152 | This subparagraph expires July 1, 2011 |
1153 | 4. For the 2009-2010 fiscal year only, prior to any |
1154 | project or phase thereof being deferred, the department's cash |
1155 | balances shall be as provided in paragraph (6)(b), and the |
1156 | reductions in subparagraph 3. shall be made to financial |
1157 | projects not programmed for contract letting as identified with |
1158 | a work program contract class code 8 and the box code RV. These |
1159 | reductions shall not negatively impact safety or maintenance or |
1160 | project contingency percentage levels as of April 21, 2009. This |
1161 | subparagraph expires July 1, 2010. |
1162 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
1163 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
1164 | through 2013-2014 only, the department shall annually allocate |
1165 | up to $15 million of the first proceeds of the increased |
1166 | revenues estimated by the November 2009 Revenue Estimating |
1167 | Conference to be deposited into the State Transportation Trust |
1168 | Fund to provide for the portion of the transfer of funds |
1169 | included in s. 343.58(4)(a)1.a. or 2.a., whichever is |
1170 | applicable. The transfer of funds included in s. 343.58(4) shall |
1171 | not negatively impact projects included in fiscal years 2009- |
1172 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
1173 | as amended pursuant to subsection (7). This subparagraph expires |
1174 | July 1, 2014. |
1175 | (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.- |
1176 | (a) It is the intent of the Legislature that the |
1177 | department maintain fiscal solvency and make prudent use of all |
1178 | available fiscal resources to minimize any project, or phase |
1179 | thereof, from being deferred within the work program. It is |
1180 | further the intent of the Legislature that the department, to |
1181 | the maximum extent feasible, reduce financial projects not |
1182 | programmed for contract letting as identified with a work |
1183 | program contract class code 8 and the box code RV and reduce |
1184 | cash balances to a level that does not impact contracted |
1185 | payments due to payees beyond the requirements of ss. 215.422 |
1186 | and 337.141, to balance the finance plan and cash forecast to |
1187 | the revised funding levels resulting from any reduction in the |
1188 | 2010-2011 General Appropriations Act. This paragraph expires |
1189 | July 1, 2011. |
1190 | (b) The department shall provide the documents included in |
1191 | subparagraphs 1.-9. to the Legislative Budget Commission when |
1192 | submitting the department's work program amendment to request |
1193 | approval to realign the work program appropriation categories to |
1194 | the General Appropriations Act of 2010-2011 pursuant to s. |
1195 | 339.135(7). In addition, any subsequent work program amendment |
1196 | submitted to the Legislative Budget Commission which results in |
1197 | a reduced project commitment level in fiscal year 2010-2011 due |
1198 | to a reduction in state revenues must include the following |
1199 | documents: |
1200 | 1. A proposed finance plan, including an electronic |
1201 | working model, as balanced to the requested work program |
1202 | amendment to realign the work program categories to the General |
1203 | Appropriations Act of 2010-2011, or any other amendments that |
1204 | reduce work program commitments; |
1205 | 2. A proposed cash forecast as balanced to the requested |
1206 | work program amendment to realign the work program categories to |
1207 | the General Appropriations Act of 2010-2011, or any other |
1208 | amendments that reduces work program commitments; |
1209 | 3. An adopted finance plan, as of July 1, 2010, including |
1210 | an electronic working model; |
1211 | 4. An adopted cash forecast, as of July 1, 2010; |
1212 | 5. A complete list of projects, or phases thereof, |
1213 | impacted from the reduced revenues in the 2010-2011 General |
1214 | Appropriations Act for the 2010-2011 through 2014-2015 work |
1215 | program; |
1216 | 6. The department's methodology for identifying projects, |
1217 | or phases thereof, for deferral or deletion for the 2010-2011 |
1218 | through 2014-2015 work program; |
1219 | 7. A letter of concurrence or nonconcurrence from the |
1220 | affected metropolitan planning organization or, in |
1221 | nonmetropolitan areas, the board of county commissioners with |
1222 | impacted project selections; |
1223 | 8. A complete list of financial projects not programmed |
1224 | for contract letting as identified with a work program contract |
1225 | class code 8 and the box code RV included in fiscal years 2010- |
1226 | 2011 through 2014-2015, as of July 1, 2010; and |
1227 | 9. An electronic version of the 5-year work program for |
1228 | the adopted work program dated July 1, 2010, and any subsequent |
1229 | tentative work programs, submitted to the Legislature. This |
1230 | electronic document shall include details by district, county, |
1231 | financial project number, transportation system, work mix, |
1232 | phase, box code, appropriation category, fund code, phase, and |
1233 | fiscal year. |
1234 | |
1235 | This paragraph expires July 1, 2011. |
1236 | Section 52. In order to implement Specific Appropriations |
1237 | 2071 through 2083, 2090 through 2094, 2110 through 2117, 2119 |
1238 | through 2129, and 2169 through 2179 and section 129 of the 2010- |
1239 | 2011 General Appropriations Act, subsection (7) is added to |
1240 | section 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 |
1244 | operation and maintenance liability owed to the department. |
1245 | Effective July 16, 2010, unless the secretary of the department |
1246 | certifies in writing to the Speaker of the House of |
1247 | Representatives, the President of the Senate, and the Secretary |
1248 | of State that such payment has been made, the governance, |
1249 | control, assets, and liabilities of the authority shall transfer |
1250 | to the department. Upon such transfer, the department shall |
1251 | succeed to all powers and responsibilities of the authority, and |
1252 | the operations and maintenance of the expressway system shall be |
1253 | under the control of the department, pursuant to this |
1254 | subsection. |
1255 | (b) The transfer pursuant to this subsection shall be |
1256 | subject to all terms and covenants provided for the protection |
1257 | of the holders of the Tampa-Hillsborough County Expressway |
1258 | Authority Bonds, Series 2002 and 2005, in the lease-purchase |
1259 | agreement and the resolutions adopted in connection with the |
1260 | issuance of the bonds. Further, the transfer shall not impair |
1261 | the terms of the contract between the authority and the |
1262 | bondholders, shall not act to the detriment of the bondholders, |
1263 | and shall not decrease the credit quality of the bonds. After |
1264 | such transfer, the department shall operate and maintain the |
1265 | expressway system and any other facilities of the authority in |
1266 | accordance with the terms, conditions, and covenants contained |
1267 | in the bond resolutions and lease-purchase agreement securing |
1268 | the bonds of the authority. The department shall collect toll |
1269 | revenues and apply such revenues to the payment of debt service |
1270 | as provided in the bond resolution securing such bonds and |
1271 | expressly assumes all obligations relating to the bonds such |
1272 | that the transfer will have no adverse impact on the security |
1273 | for the bonds of the authority. The transfer shall not modify or |
1274 | eliminate any prior obligation of the department to pay certain |
1275 | costs of the expressway system from sources other than revenues |
1276 | of the expressway system. |
1277 | (c) The department may provide for the exercise of any |
1278 | powers or responsibilities provided pursuant to this subsection |
1279 | through the Florida Turnpike Enterprise. |
1280 | |
1281 | This subsection expires July 1, 2011. |
1282 | Section 53. In order to implement the appropriation of |
1283 | funds in Special Categories-Risk Management Insurance of the |
1284 | 2010-2011 General Appropriations Act, and pursuant to the |
1285 | notice, review, and objection procedures of s. 216.177, Florida |
1286 | Statutes, the Executive Office of the Governor is authorized to |
1287 | transfer funds appropriated in the appropriation category |
1288 | "Special Categories-Risk Management Insurance" of the 2010-2011 |
1289 | General Appropriations Act between departments in order to align |
1290 | the budget authority granted with the premiums paid by each |
1291 | department for risk management insurance. This section expires |
1292 | July 1, 2011. |
1293 | Section 54. In order to implement the appropriation of |
1294 | funds in Special Categories-Transfer to Department of Management |
1295 | Services-Human Resources Services Purchased Per Statewide |
1296 | Contract of the 2010-2011 General Appropriations Act, and |
1297 | pursuant to the notice, review, and objection procedures of s. |
1298 | 216.177, Florida Statutes, the Executive Office of the Governor |
1299 | is authorized to transfer funds appropriated in the |
1300 | appropriation category "Special Categories-Transfer to |
1301 | Department of Management Services-Human Resources Services |
1302 | Purchased Per Statewide Contract" of the 2010-2011 General |
1303 | Appropriations Act between departments in order to align the |
1304 | budget authority granted with the assessments that must be paid |
1305 | by each agency to the Department of Management Services for |
1306 | human resource management services. This section expires July 1, |
1307 | 2011. |
1308 | Section 55. In order to implement specific appropriations |
1309 | for salaries and benefits in the 2010-2011 General |
1310 | Appropriations Act, paragraph (a) of subsection (12) of section |
1311 | 110.123, Florida Statutes, is amended to read: |
1312 | 110.123 State group insurance program.- |
1313 | (12) HEALTH SAVINGS ACCOUNTS.-The department is authorized |
1314 | to establish health savings accounts for full-time and part-time |
1315 | state employees in association with a health insurance plan |
1316 | option authorized by the Legislature and conforming to the |
1317 | requirements and limitations of federal provisions relating to |
1318 | the Medicare Prescription Drug, Improvement, and Modernization |
1319 | Act of 2003. |
1320 | (a)1. A member participating in this health insurance plan |
1321 | option shall be eligible to receive an employer contribution |
1322 | into the employee's health savings account from the State |
1323 | Employees Health Insurance Trust Fund in an amount to be |
1324 | determined by the Legislature. A member is not eligible for an |
1325 | employer contribution upon termination of employment. For the |
1326 | 2010-2011 |
1327 | contribution for employees having individual coverage shall be |
1328 | $41.66 and the monthly contribution for employees having family |
1329 | coverage shall be $83.33. |
1330 | 2. A member participating in this health insurance plan |
1331 | option shall be eligible to deposit the member's own funds into |
1332 | a health savings account. |
1333 | Section 56. In order to implement section 8 of the 2010- |
1334 | 2011 General Appropriations Act, paragraph (j) is added to |
1335 | subsection (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) |
1339 | requiring uniform contributions, and for the 2010-2011 fiscal |
1340 | year only, the state contribution toward the cost of any plan in |
1341 | the state group insurance plan shall be the difference between |
1342 | the overall premium and the employee contribution. This |
1343 | subsection expires June 30, 2011. |
1344 | Section 57. In order to implement specific appropriations |
1345 | for salaries and benefits in the 2010-2011 General |
1346 | Appropriations Act, paragraph (b) of subsection (3) of section |
1347 | 112.24, Florida Statutes, is amended to read: |
1348 | 112.24 Intergovernmental interchange of public employees.- |
1349 | To encourage economical and effective utilization of public |
1350 | employees in this state, the temporary assignment of employees |
1351 | among agencies of government, both state and local, and |
1352 | including school districts and public institutions of higher |
1353 | education is authorized under terms and conditions set forth in |
1354 | this section. State agencies, municipalities, and political |
1355 | subdivisions are authorized to enter into employee interchange |
1356 | agreements with other state agencies, the Federal Government, |
1357 | another state, a municipality, or a political subdivision |
1358 | including a school district, or with a public institution of |
1359 | higher education. State agencies are also authorized to enter |
1360 | into employee interchange agreements with private institutions |
1361 | of higher education and other nonprofit organizations under the |
1362 | terms and conditions provided in this section. In addition, the |
1363 | Governor or the Governor and Cabinet may enter into employee |
1364 | interchange agreements with a state agency, the Federal |
1365 | Government, another state, a municipality, or a political |
1366 | subdivision including a school district, or with a public |
1367 | institution of higher learning to fill, subject to the |
1368 | requirements of chapter 20, appointive offices which are within |
1369 | the executive branch of government and which are filled by |
1370 | appointment by the Governor or the Governor and Cabinet. Under |
1371 | no circumstances shall employee interchange agreements be |
1372 | utilized for the purpose of assigning individuals to participate |
1373 | in political campaigns. Duties and responsibilities of |
1374 | interchange employees shall be limited to the mission and goals |
1375 | of the agencies of government. |
1376 | (3) Salary, leave, travel and transportation, and |
1377 | reimbursements for an employee of a sending party that is |
1378 | participating in an interchange program shall be handled as |
1379 | follows: |
1380 | (b)1. The assignment of an employee of a state agency |
1381 | either on detail or on leave of absence may be made without |
1382 | reimbursement by the receiving party for the travel and |
1383 | transportation expenses to or from the place of the assignment |
1384 | or for the pay and benefits, or a part thereof, of the employee |
1385 | during the assignment. |
1386 | 2. For the 2010-2011 |
1387 | assignment of an employee of a state agency as provided in |
1388 | subparagraph 1. may be made if recommended by the Governor or |
1389 | Chief Justice, as appropriate, and approved by the chairs of the |
1390 | Senate Policy and Steering Committee on Ways and Means and the |
1391 | House Full Appropriations Council on Education and Economic |
1392 | Development |
1393 | shall be deemed approved if neither chair provides written |
1394 | notice of objection within 14 days after the chair's receiving |
1395 | notice of the action pursuant to s. 216.177. This subparagraph |
1396 | expires July 1, 2011 |
1397 | Section 58. In order to implement Specific Appropriations |
1398 | 2768 and 2769 of the 2010-2011 General Appropriations Act: |
1399 | (1) Notwithstanding the provisions of s. 11.13(1), Florida |
1400 | Statutes, relating to the annual adjustment of salaries for |
1401 | members of the Legislature, to the contrary, for the 2010-2011 |
1402 | fiscal year only, the authorized salaries of members of the |
1403 | Legislature in effect on June 30, 2010, shall be reduced by 7 |
1404 | percent. |
1405 | (2) Effective June 30, 2011, the annual salaries of |
1406 | members of the Legislature shall be set at the amounts |
1407 | authorized and in effect on June 30, 2010, pursuant to |
1408 | subsection (2) of section 48 of chapter 2009-82, Laws of |
1409 | Florida. |
1410 | (3) This section expires July 1, 2011. |
1411 | Section 59. In order to implement the transfer of moneys |
1412 | to the General Revenue Fund from trust funds in the 2010-2011 |
1413 | General Appropriations Act, paragraph (b) of subsection (2) of |
1414 | section 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 |
1417 | follows: |
1418 | (b)1. The trust funds shall consist of moneys received by |
1419 | the state which under law or under trust agreement are |
1420 | segregated for a purpose authorized by law. The state agency or |
1421 | branch of state government receiving or collecting such moneys |
1422 | shall be responsible for their proper expenditure as provided by |
1423 | law. Upon the request of the state agency or branch of state |
1424 | government responsible for the administration of the trust fund, |
1425 | the Chief Financial Officer may establish accounts within the |
1426 | trust fund at a level considered necessary for proper |
1427 | accountability. Once an account is established within a trust |
1428 | fund, the Chief Financial Officer may authorize payment from |
1429 | that account only upon determining that there is sufficient cash |
1430 | and releases at the level of the account. |
1431 | 2. In addition to other trust funds created by law, to the |
1432 | extent possible, each agency shall use the following trust funds |
1433 | as described in this subparagraph for day-to-day operations: |
1434 | a. Operations or operating trust fund, for use as a |
1435 | depository for funds to be used for program operations funded by |
1436 | program revenues, with the exception of administrative |
1437 | activities when the operations or operating trust fund is a |
1438 | proprietary fund. |
1439 | b. Operations and maintenance trust fund, for use as a |
1440 | depository for client services funded by third-party payors. |
1441 | c. Administrative trust fund, for use as a depository for |
1442 | funds to be used for management activities that are departmental |
1443 | in nature and funded by indirect cost earnings and assessments |
1444 | against trust funds. Proprietary funds are excluded from the |
1445 | requirement of using an administrative trust fund. |
1446 | d. Grants and donations trust fund, for use as a |
1447 | depository for funds to be used for allowable grant or donor |
1448 | agreement activities funded by restricted contractual revenue |
1449 | from private and public nonfederal sources. |
1450 | e. Agency working capital trust fund, for use as a |
1451 | depository for funds to be used pursuant to s. 216.272. |
1452 | f. Clearing funds trust fund, for use as a depository for |
1453 | funds to account for collections pending distribution to lawful |
1454 | recipients. |
1455 | g. Federal grant trust fund, for use as a depository for |
1456 | funds to be used for allowable grant activities funded by |
1457 | restricted program revenues from federal sources. |
1458 | |
1459 | To the extent possible, each agency must adjust its internal |
1460 | accounting to use existing trust funds consistent with the |
1461 | requirements of this subparagraph. If an agency does not have |
1462 | trust funds listed in this subparagraph and cannot make such |
1463 | adjustment, the agency must recommend the creation of the |
1464 | necessary trust funds to the Legislature no later than the next |
1465 | scheduled review of the agency's trust funds pursuant to s. |
1466 | 215.3206. |
1467 | 3. All such moneys are hereby appropriated to be expended |
1468 | in accordance with the law or trust agreement under which they |
1469 | were received, subject always to the provisions of chapter 216 |
1470 | relating to the appropriation of funds and to the applicable |
1471 | laws relating to the deposit or expenditure of moneys in the |
1472 | State Treasury. |
1473 | 4.a. Notwithstanding any provision of law restricting the |
1474 | use of trust funds to specific purposes, unappropriated cash |
1475 | balances from selected trust funds may be authorized by the |
1476 | Legislature for transfer to the Budget Stabilization Fund and |
1477 | General Revenue Fund in the General Appropriations Act. |
1478 | b. This subparagraph does not apply to trust funds |
1479 | required by federal programs or mandates; trust funds |
1480 | established for bond covenants, indentures, or resolutions whose |
1481 | revenues are legally pledged by the state or public body to meet |
1482 | debt service or other financial requirements of any debt |
1483 | obligations of the state or any public body; the State |
1484 | Transportation Trust Fund; the trust fund containing the net |
1485 | annual proceeds from the Florida Education Lotteries; the |
1486 | Florida Retirement System Trust Fund; trust funds under the |
1487 | management of the State Board of Education or the Board of |
1488 | Governors of the State University System, where such trust funds |
1489 | are for auxiliary enterprises, self-insurance, and contracts, |
1490 | grants, and donations, as those terms are defined by general |
1491 | law; trust funds that serve as clearing funds or accounts for |
1492 | the Chief Financial Officer or state agencies; trust funds that |
1493 | account for assets held by the state in a trustee capacity as an |
1494 | agent or fiduciary for individuals, private organizations, or |
1495 | other governmental units; and other trust funds authorized by |
1496 | the State Constitution. |
1497 | Section 60. In order to implement the transfer of moneys |
1498 | to the General Revenue Fund from trust funds in the 2010-2011 |
1499 | General Appropriations Act, paragraph (b) of subsection (4) of |
1500 | section 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 |
1504 | investment objective shall be long-term preservation of the real |
1505 | value of the net contributed principal and a specified regular |
1506 | annual cash outflow for appropriation, as nonrecurring revenue. |
1507 | From the annual cash outflow, a pro rata share shall be used |
1508 | solely for biomedical research activities as provided in |
1509 | paragraph (3)(d), until such time as cures are found for |
1510 | tobacco-related cancer and heart and lung disease. Five percent |
1511 | of the annual cash outflow dedicated to the biomedical research |
1512 | portion of the endowment shall be reinvested and applied to that |
1513 | portion of the endowment's principal, with the remainder to be |
1514 | spent on biomedical research activities consistent with this |
1515 | section. The schedule of annual cash outflow shall be included |
1516 | within the investment plan adopted under paragraph (a). |
1517 | Withdrawals other than specified regular cash outflow shall be |
1518 | considered reductions in contributed principal for the purposes |
1519 | of this subsection. |
1520 | Section 61. In order to implement the issuance of new debt |
1521 | authorized in the 2010-2011 General Appropriations Act, and |
1522 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
1523 | Legislature determines that the authorization and issuance of |
1524 | debt for the 2010-2011 fiscal year should be implemented and is |
1525 | in the best interest of the state and necessary to address a |
1526 | critical state emergency. This section expires July 1, 2011. |
1527 | Section 62. In order to implement the funds appropriated |
1528 | in the 2010-2011 General Appropriations Act for state employee |
1529 | travel, the funds appropriated to each state agency, which may |
1530 | be used for travel by state employees, shall be limited during |
1531 | the 2010-2011 fiscal year to travel for activities that are |
1532 | critical to each state agency's mission. Funds may not be used |
1533 | to pay for travel by state employees to foreign countries, other |
1534 | states, conferences, staff-training activities, or other |
1535 | administrative functions unless the agency head has approved in |
1536 | writing that such activities are critical to the agency's |
1537 | mission. The agency head must consider the use of |
1538 | teleconferencing and other forms of electronic communication to |
1539 | meet the needs of the proposed activity before approving |
1540 | mission-critical travel. This section does not apply to travel |
1541 | for law enforcement purposes, military purposes, emergency |
1542 | management activities, or public health activities. This section |
1543 | expires July 1, 2011. |
1544 | Section 63. In order to implement the appropriations |
1545 | authorized in the 2010-2011 General Appropriations Act for each |
1546 | of the state's designated primary data centers, which are funded |
1547 | from the data processing appropriation category and other |
1548 | categories used to pay for computing services of user agencies, |
1549 | and pursuant to the notice, review, and objection procedures of |
1550 | s. 216.177, Florida Statutes, the Executive Office of the |
1551 | Governor is authorized to transfer funds appropriated in any |
1552 | appropriation category used to pay for data processing in the |
1553 | 2010-2011 General Appropriations Act between agencies in order |
1554 | to align the budget authority granted with the utilization rate |
1555 | of each department. This section expires July 1, 2011. |
1556 | Section 64. In order to implement the appropriations |
1557 | authorized in the 2010-2011 General Appropriations Act which |
1558 | were submitted pursuant to the provisions of s. 17 of chapter |
1559 | 2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c), |
1560 | Florida Statutes, an agency may transfer funds from the data |
1561 | processing appropriation categories to another appropriation |
1562 | category for the purpose of supporting and managing its computer |
1563 | resources until such time as the agency's data processing |
1564 | function is transferred to the Southwood Shared Resource Center, |
1565 | the Northwood Shared Resource Center, or the Northwest Regional |
1566 | Data Center. This section expires July 1, 2011. |
1567 | Section 65. State agencies required by the 2010-2011 |
1568 | General Appropriations Act to begin planning for a data center |
1569 | consolidation scheduled for a subsequent fiscal year may |
1570 | accelerate the consolidation into the 2010-2011 fiscal year |
1571 | contingent on the approval by the Legislative Budget Commission |
1572 | of budget adjustments to the agency and the primary data |
1573 | center's budget required to accomplish the consolidation. The |
1574 | primary data center may add positions contingent on an equal or |
1575 | greater number of positions being placed in reserve from the |
1576 | agency data center being consolidated. This section expires July |
1577 | 1, 2011. |
1578 | Section 66. In order to implement Specific Appropriation |
1579 | 2179A of the 2010-2011 General Appropriations Act, the Executive |
1580 | Office of the Governor is authorized to transfer funds |
1581 | appropriated in the appropriation category "Expenses" of the |
1582 | 2010-2011 General Appropriations Act between agencies in order |
1583 | to allocate a reduction relating to SUNCOM Services. This |
1584 | section expires July 1, 2011. |
1585 | Section 67. In order to implement Specific Appropriation |
1586 | 1765 of the 2010-2011 General Appropriations Act, the Department |
1587 | of Environmental Protection shall take no final agency action to |
1588 | deny any permit application related to rigid coastal armoring |
1589 | structures authorized under s. 161.085 (3), Florida Statutes, |
1590 | and constructed between July 1, 2005, and April 30, 2006, as a |
1591 | result of the impacts of Hurricane Dennis in Walton County. The |
1592 | 90-day time period for agency action pursuant to s. 120.60 (1), |
1593 | Florida Statutes, shall be tolled for these applications. At the |
1594 | written request of a property owner to process his or her |
1595 | application, the department shall issue or deny the application |
1596 | within 90 days or in accordance with the time periods provided |
1597 | in chapter 120, Florida Statutes, whichever is greater. In |
1598 | addition, during Fiscal Year 2010-2011, the department shall not |
1599 | take enforcement action against a property owner for failure to |
1600 | apply for a permit to allow such structures to remain |
1601 | permanently. A property owner who has previously filed an |
1602 | application with the department is not required to reapply or |
1603 | request reinstatement of his or her application. This section |
1604 | expires July 1, 2011. |
1605 | Section 68. In order to implement section 40 of the 2010- |
1606 | 2011 General Appropriations Act: |
1607 | (1) Notwithstanding s. 255.518(1)(b), Florida Statutes, |
1608 | and for the 2010-2011 fiscal year only, the payment of debt |
1609 | service on bonds during the construction of the Florida |
1610 | International University/Miami-Dade County Health |
1611 | Department/Florida Department of Health facility may be made |
1612 | from bond proceeds. Florida International University and the |
1613 | Miami-Dade County Health Department/Florida Department of Health |
1614 | are authorized to make rental payments prior to the completion |
1615 | of the project to the extent necessary to pay debt service on |
1616 | the bonds. |
1617 | (2) Notwithstanding s. 255.518(1)(a), Florida Statutes, |
1618 | and for the 2010-2011 fiscal year only, costs relating to the |
1619 | initial planning, preliminary design, and programming for the |
1620 | project may be paid from bond proceeds. |
1621 | (3) Notwithstanding s. 255.506, Florida Statutes, and for |
1622 | the 2010-2011 fiscal year only, neither Florida International |
1623 | University nor the Miami-Dade County Health Department/Florida |
1624 | Department of Health shall be required to submit other |
1625 | facilities into the facilities pool to obtain financing for the |
1626 | project approved herein. |
1627 | (4) This section expires July 1, 2011. |
1628 | Section 69. In order to implement Specific Appropriations |
1629 | 17 through 26 of the 2010-2011 General Appropriations Act: |
1630 | (1) The Legislature hereby finds and determines that the |
1631 | items and sums designated in Specific Appropriations 17 through |
1632 | 26 shall constitute authorized capital outlay projects within |
1633 | the meaning and as required by s. 9(a)(2), Art. XII of the State |
1634 | Constitution and any other law. In accordance therewith, the |
1635 | moneys in Specific Appropriations 17 through 26 are authorized |
1636 | to be expended for the enumerated authorized capital outlay |
1637 | projects. |
1638 | (2) The sum designated for each project is the maximum sum |
1639 | to be expended for each specified phase of the project from |
1640 | funds accruing under s. 9(a)(2), Art. XII of the State |
1641 | Constitution. The scope of each project shall be planned so that |
1642 | the amounts specified shall not be exceeded, or any excess in |
1643 | costs shall be funded by sources other than this appropriation. |
1644 | Such excess costs may be funded from the Public Education |
1645 | Capital Outlay and Debt Service Trust Fund only as a result of |
1646 | fund transfers pursuant to s. 216.292(4)(c), Florida Statutes. |
1647 | Each project shall be constructed on the site specified. If |
1648 | existing facilities and acquisition of new sites are a part of |
1649 | these projects, each building and site must be certified to be |
1650 | free of contamination, asbestos, and other hazardous materials |
1651 | before the facility or site may be acquired. The provisions of |
1652 | s. 216.301(2), Florida Statutes, shall apply to all capital |
1653 | outlay funds appropriated to the Public Education Capital Outlay |
1654 | and Debt Service Trust Fund for the 2010-2011 fiscal year |
1655 | appropriation and shall also apply to the funds appropriated in |
1656 | Specific Appropriations 17 through 26. |
1657 | (3) The Office of Policy and Budget in the Executive |
1658 | Office of the Governor shall establish fixed capital outlay |
1659 | budget authority within appropriate accounts to enable the |
1660 | expenditure of funds appropriated for the state universities, |
1661 | the Florida School for the Deaf and the Blind, public school |
1662 | districts, state colleges, community colleges, public |
1663 | broadcasting, and the Division of Blind Services. |
1664 | (4) This section expires July 1, 2011. |
1665 | Section 70. (1) Consistent with the principles of |
1666 | promoting employment of state residents, ensuring that the |
1667 | expenditure of state funds benefits state residents, and |
1668 | encouraging economic development within the state, each entity |
1669 | expending funds provided in the 2010-2011 General Appropriations |
1670 | Act for any purchase of goods and services in excess of $5 |
1671 | million shall give preference, to the maximum extent possible |
1672 | under or consistent with applicable state and federal laws, to |
1673 | vendors or businesses with a principal place of business in the |
1674 | State of Florida that commit contractually to maximize the use |
1675 | of Florida residents, products and other Florida-based |
1676 | businesses in the fulfillment of their contractual duties. |
1677 | (2) This section does not apply to any contract that was |
1678 | funded prior to June 1, 2010. |
1679 | (3) Each state agency shall identify contracts subject to |
1680 | this section and shall report by March 1, 2011, each |
1681 | contractor's compliance with this section to the Agency for |
1682 | Workforce Innovation. |
1683 | (4) This section expires July 1, 2011. |
1684 | Section 71. In order to implement section 8 of the General |
1685 | Appropriations Act for the 2010-2011 fiscal year, effective |
1686 | January 1, 2011, paragraph (a) of subsection (7) of section |
1687 | 110.12315, Florida Statutes, is amended to read: |
1688 | 110.12315 Prescription drug program.-The state employees' |
1689 | prescription drug program is established. This program shall be |
1690 | administered by the Department of Management Services, according |
1691 | to the terms and conditions of the plan as established by the |
1692 | relevant provisions of the annual General Appropriations Act and |
1693 | implementing legislation, subject to the following conditions: |
1694 | (7) Under the state employees' prescription drug program |
1695 | copayments must be made as follows: |
1696 | (a) Effective January 1, 2011 |
1697 | Health Insurance Standard Plan: |
1698 | 1. For generic drug with card $7 |
1699 | 2. For preferred brand name drug with card $30 |
1700 | 3. For nonpreferred brand name drug with card $50 |
1701 | 4. For generic mail order drug $14 |
1702 | 5. For preferred brand name mail order drug $60 |
1703 | 6. For nonpreferred brand name mail order drug $100 |
1704 | Section 72. Any section of this act that implements a |
1705 | specific appropriation or specifically identified proviso |
1706 | language in the 2010-2011 General Appropriations Act is void if |
1707 | the specific appropriation or specifically identified proviso |
1708 | language is vetoed. A section of this act that implements more |
1709 | than one specific appropriation or more than one portion of |
1710 | specifically identified proviso language in the 2010-2011 |
1711 | General Appropriations Act is void if all the specific |
1712 | appropriations or portions of specifically identified proviso |
1713 | language are vetoed. |
1714 | Section 73. If any other act passed during the 2010 |
1715 | Regular Session contains a provision that is substantively the |
1716 | same as a provision in this act, but that removes or is |
1717 | otherwise not subject to the future repeal applied to such |
1718 | provision by this act, the Legislature intends that the |
1719 | provision in the other act takes precedence and continues to |
1720 | operate, notwithstanding the future repeal provided by this act. |
1721 | Section 74. If any provision of this act or its |
1722 | application to any person or circumstance is held invalid, the |
1723 | invalidity does not affect other provisions or applications of |
1724 | the act which can be given effect without the invalid provision |
1725 | or application, and to this end the provisions of this act are |
1726 | severable. |
1727 | Section 75. Except as otherwise expressly provided in this |
1728 | act and except for this section, which shall take effect June |
1729 | 29, 2010, this act shall take effect July 1, 2010; or, if this |
1730 | act fails to become a law until after that date, it shall take |
1731 | effect upon becoming a law and shall operate retroactively to |
1732 | July 1, 2010. |
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