1 | A bill to be entitled |
2 | An act relating to implementing the 2011-2012 General |
3 | Appropriations Act; providing legislative intent; |
4 | incorporating by reference certain calculations of the |
5 | Florida Education Finance Program for the 2011-2012 fiscal |
6 | year; requiring the Department of Education to distribute |
7 | the charter school capital outlay funding pursuant to |
8 | certain provisions of law; providing that the Public |
9 | Education Capital Outlay and Debt Service Trust Fund be |
10 | used as the source of the state match for private |
11 | contributions for the Aircraft Coating Education Facility |
12 | at the Florida State College; authorizing the Department |
13 | of Corrections and the Department of Juvenile Justice to |
14 | make certain expenditures to defray costs incurred by a |
15 | municipality or county as a result of opening or operating |
16 | a facility under authority of the respective department; |
17 | amending s. 216.262, F.S.; providing for additional |
18 | positions to operate additional prison bed capacity under |
19 | certain circumstances; amending s. 932.7055, F.S.; |
20 | delaying the expiration of provisions authorizing a |
21 | municipality to expend funds from its special law |
22 | enforcement trust fund to reimburse the municipality's |
23 | general fund; requiring that the Department of Juvenile |
24 | Justice comply with specified reimbursement limitations |
25 | with respect to payments to hospitals or health care |
26 | providers for health care services; authorizing certain |
27 | payments pursuant to a contracted rate only until the |
28 | contract expires or is renewed; defining the term |
29 | "hospital" for purposes of such limitations; amending s. |
30 | 394.908, F.S.; delaying the expiration of certain |
31 | provisions relating to the allocation requirements for |
32 | specified funds appropriated for forensic mental health |
33 | services; requiring that funds appropriated through the |
34 | Community-Based Medicaid Administrative Claiming Program |
35 | be allocated proportionately to contributed provider |
36 | earnings; providing requirements to govern the completion |
37 | of Phases 2 and 3 of the Department of Health's Florida |
38 | Onsite Sewage Nitrogen Reduction Strategies Study; |
39 | prohibiting any state agency from adopting or implementing |
40 | a rule or policy mandating or establishing new nitrogen- |
41 | reduction limits under certain circumstances; amending s. |
42 | 1, ch. 2007-174, Laws of Florida; extending provisions |
43 | relating to the reorganization activities of the |
44 | Department of Children and Family Services; incorporating |
45 | by reference certain calculations of the Medicaid Low- |
46 | Income Pool, Disproportionate Share Hospital and Hospital |
47 | Exemptions Programs for the 2011-1012 fiscal year; |
48 | requiring the Florida Catastrophic Storm Risk Management |
49 | Center at Florida State University to conduct an analysis; |
50 | requiring the Department of Management Services to use |
51 | certain interest earnings to fund the administration of |
52 | the MyFlorida.com portal; amending s. 253.034, F.S.; |
53 | authorizing the deposit of funds derived from the sale of |
54 | property by the Department of Citrus into the Citrus |
55 | Advertising Trust Fund; amending s. 375.041, F.S.; |
56 | providing for the transfer of moneys from the Land |
57 | Acquisition Trust Fund to support the Total Maximum Daily |
58 | Loads programs; amending s. 373.59, F.S.; providing for |
59 | the allocation of moneys from the Water Management Lands |
60 | Trust Fund for certain purposes; reenacting s. |
61 | 403.1651(1)(g), F.S., relating to the use of funds from |
62 | the Ecosystem Management and Restoration Trust Fund for |
63 | the purpose of funding activities to preserve and repair |
64 | the state's beaches; amending s. 570.20, F.S.; delaying |
65 | the expiration of provisions authorizing the Department of |
66 | Agriculture and Consumer Services to use funds from the |
67 | General Inspection Trust Fund for certain programs; |
68 | amending s. 403.7095, F.S.; requiring that the Department |
69 | of Environmental Protection award a specified amount in |
70 | grants equally to certain counties for waste tire and |
71 | litter prevention, recycling education, and general solid |
72 | waste programs; authorizing the Department of Agriculture |
73 | and Consumer Services to extend, revise, and renew current |
74 | contracts or agreements created or entered into for the |
75 | purpose of promotion of agriculture; amending s. 339.135, |
76 | F.S.; delaying the expiration of certain provisions that |
77 | permit the Department of Transportation to reduce work |
78 | program levels to balance the finance plan to revised |
79 | funding levels; delaying the expiration of certain |
80 | provisions relating to the specifications of the |
81 | department's cash balances before a project or phase may |
82 | be deferred; providing that certain reductions shall not |
83 | negatively impact safety or maintenance or project |
84 | contingency percentage levels as of a specified date; |
85 | providing for use of transportation revenues; requiring |
86 | that the Department of Transportation transfer funds to |
87 | the Office of Tourism, Trade, and Economic Development for |
88 | the purpose of funding transportation-related needs of |
89 | economic development projects; requiring the Department of |
90 | Transportation to fund certain airport development |
91 | projects and prohibiting the department from altering the |
92 | funding for certain existing projects; amending s. 339.08, |
93 | F.S.; authorizing the transfer of funds from the State |
94 | Transportation Trust Fund to the State School Trust Fund |
95 | under certain circumstances; amending s. 445.009, F.S.; |
96 | providing that a participant in an adult or youth work |
97 | experience activity under ch. 445, F.S., is an employee of |
98 | the state for purposes of workers' compensation coverage; |
99 | reenacting s. 163.3247(3)(d), F.S., relating to members of |
100 | the Century Commission for a Sustainable Florida serving |
101 | without compensation; reenacting s. 201.15, F.S., relating |
102 | to funds deposited into the Grants and Donations Trust |
103 | Fund in the Department of Community Affairs which are used |
104 | to fund technical assistance to local governments and |
105 | school boards; amending s. 206.608, F.S.; authorizing the |
106 | transfer of certain tax funds to the State Transportation |
107 | Trust Fund; authorizing the Executive Office of the |
108 | Governor to transfer funds between departments for |
109 | purposes of aligning amounts paid for risk management |
110 | premiums and for purposes of aligning amounts paid for |
111 | human resource management services; amending s. 110.123, |
112 | F.S.; providing for the state's monthly contribution for |
113 | employees under the state group insurance program; |
114 | amending s. 112.24, F.S.; providing conditions on the |
115 | assignment of an employee of a state agency without |
116 | reimbursement from the receiving agency; updating |
117 | legislative committee titles; providing that the annual |
118 | salaries for members of the Legislature be set at a |
119 | certain level; amending s. 215.32, F.S.; authorizing the |
120 | transfer of certain unappropriated cash balances from |
121 | selected trust funds to the State School Trust Fund; |
122 | providing for the authorization and issuance of new debt; |
123 | limiting the use of travel funds to activities that are |
124 | critical to an agency's mission; providing exceptions; |
125 | authorizing the Executive Office of the Governor to |
126 | transfer funds for use by the state's designated primary |
127 | data centers, pursuant to statutory procedures for notice, |
128 | review, and objection; authorizing agencies to transfer |
129 | funds from data processing appropriation categories to |
130 | other appropriation categories in order to support and |
131 | manage computer resources, notwithstanding other |
132 | provisions of law; authorizing the Executive Office of the |
133 | Governor to transfer funds between agencies to properly |
134 | allocate a reduction in budget for the Southwood Shared |
135 | Resource Center; authorizing the Executive Office of the |
136 | Governor to transfer funds between agencies in order to |
137 | allocate a reduction relating to SUNCOM; reenacting s. |
138 | 110.12315(7)(a), F.S., relating to copayments for the |
139 | state employees' prescription drug program; providing for |
140 | reversion of statutory text of certain provisions; |
141 | providing for the effect of a veto of one or more specific |
142 | appropriations or proviso to which implementing language |
143 | refers; providing for the continued operation of certain |
144 | provisions notwithstanding a future repeal or expiration |
145 | provided by the act; providing for severability; providing |
146 | effective dates. |
147 |
|
148 | Be It Enacted by the Legislature of the State of Florida: |
149 |
|
150 | Section 1. It is the intent of the Legislature that the |
151 | implementing and administering provisions of this act apply to |
152 | the General Appropriations Act for the 2011-2012 fiscal year. |
153 | Section 2. In order to implement Specific Appropriations |
154 | 6, 7, 8, 68, and 69 of the 2011-2012 General Appropriations Act, |
155 | the calculations of the Florida Education Finance Program for |
156 | the 2011-2012 fiscal year in the document entitled "Public |
157 | School Funding-The Florida Education Finance Program," dated |
158 | March 31, 2011, and filed with the Clerk of the House of |
159 | Representatives, are incorporated by reference for the purpose |
160 | of displaying the calculations used by the Legislature, |
161 | consistent with the requirements of the Florida Statutes, in |
162 | making appropriations for the Florida Education Finance Program. |
163 | Section 3. In order to implement Specific Appropriation |
164 | 15A of the 2011-2012 General Appropriations Act, notwithstanding |
165 | s. 1013.62(1)(b), Florida Statutes, the Department of Education |
166 | shall distribute the charter school capital outlay funding |
167 | pursuant to s. 1013.62(1)(e), Florida Statutes. This section |
168 | expires July 1, 2012. |
169 | Section 4. In order to implement Specific Appropriation |
170 | 15C of the 2011-2012 General Appropriations Act, notwithstanding |
171 | the provisions of s. 1011.32, Florida Statutes, the Public |
172 | Education Capital Outlay and Debt Service Trust Fund shall be |
173 | used as the source of the state match for private contributions |
174 | for the Aircraft Coating Education Facility - Cecil at the |
175 | Florida State College at Jacksonville. This section expires July |
176 | 1, 2012. |
177 | Section 5. In order to fulfill legislative intent |
178 | regarding the use of funds contained in Specific Appropriations |
179 | 605, 616, 628, and 1135 of the 2011-2012 General Appropriations |
180 | Act, the Department of Corrections and the Department of |
181 | Juvenile Justice may expend appropriated funds to assist in |
182 | defraying the costs of impacts that are incurred by a |
183 | municipality or county and that are associated with opening or |
184 | operating a facility under the authority of the department. The |
185 | amount paid for any facility may not exceed 1 percent of the |
186 | cost to construct the facility, less building impact fees |
187 | imposed by the municipality or county. This section expires July |
188 | 1, 2012. |
189 | Section 6. In order to implement Specific Appropriations |
190 | 595 through 688A and 726 through 759 of the 2011-2012 General |
191 | Appropriations Act, subsection (4) of section 216.262, Florida |
192 | Statutes, is amended to read: |
193 | 216.262 Authorized positions.- |
194 | (4) Notwithstanding the provisions of this chapter on |
195 | increasing the number of authorized positions, and for the 2011- |
196 | 2012 2010-2011 fiscal year only, if the actual inmate population |
197 | of the Department of Corrections exceeds the inmate population |
198 | projections of the February 21, 2011 February 19, 2010, Criminal |
199 | Justice Estimating Conference by 1 percent for 2 consecutive |
200 | months or 2 percent for any month, the Executive Office of the |
201 | Governor, with the approval of the Legislative Budget |
202 | Commission, shall immediately notify the Criminal Justice |
203 | Estimating Conference, which shall convene as soon as possible |
204 | to revise the estimates. The Department of Corrections may then |
205 | submit a budget amendment requesting the establishment of |
206 | positions in excess of the number authorized by the Legislature |
207 | and additional appropriations from unallocated general revenue |
208 | sufficient to provide for essential staff, fixed capital |
209 | improvements, and other resources to provide classification, |
210 | security, food services, health services, and other variable |
211 | expenses within the institutions to accommodate the estimated |
212 | increase in the inmate population. All actions taken pursuant to |
213 | the authority granted in this subsection shall be subject to |
214 | review and approval by the Legislative Budget Commission. This |
215 | subsection expires July 1, 2012 2011. |
216 | Section 7. In order to implement Specific Appropriations |
217 | 1192 and 1198 of the 2011-2012 General Appropriations Act, |
218 | paragraph (d) of subsection (4) of section 932.7055, Florida |
219 | Statutes, is amended to read: |
220 | 932.7055 Disposition of liens and forfeited property.- |
221 | (4) The proceeds from the sale of forfeited property shall |
222 | be disbursed in the following priority: |
223 | (d) Notwithstanding any other provision of this |
224 | subsection, and for the 2011-2012 2010-2011 fiscal year only, |
225 | the funds in a special law enforcement trust fund established by |
226 | the governing body of a municipality may be expended to |
227 | reimburse the general fund of the municipality for moneys |
228 | advanced from the general fund to the special law enforcement |
229 | trust fund prior to October 1, 2001. This paragraph expires July |
230 | 1, 2012 2011. |
231 | Section 8. (1) In order to implement Specific |
232 | Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121, |
233 | 1123, 1126, 1127, 1132, 1141, and 1146 of the 2011-2012 General |
234 | Appropriations Act, the Department of Juvenile Justice must |
235 | comply with the following reimbursement limitations: |
236 | (a) No payment to a hospital or a health care provider may |
237 | exceed 110 percent of the Medicare allowable rate for any health |
238 | care services provided if no contract exists between the |
239 | department and either the hospital or the health care provider |
240 | providing services at a hospital; |
241 | (b) The department may continue to make payments for |
242 | health care services at the currently contracted rates through |
243 | the current term of the contract if a contract has been executed |
244 | between the department and a hospital or a health care provider |
245 | providing services to a hospital; however, no payments may |
246 | exceed 110 percent of the Medicare allowable rate after the |
247 | current term of the contract expires or after the contract is |
248 | renewed during the 2011-2012 fiscal year; |
249 | (c) Payments may not exceed 110 percent of the Medicare |
250 | allowable rate under a contract executed on or after July 1, |
251 | 2011, between the department and a hospital or health care |
252 | provider providing services at a hospital; |
253 | (d) Notwithstanding the limitations of paragraphs (a), |
254 | (b), and (c), the department may pay up to 125 percent of the |
255 | Medicare allowable rate for health care services at a hospital |
256 | that reports or has reported a negative operating margin for the |
257 | previous fiscal year to the Agency for Health Care |
258 | Administration through hospital-audited financial data; and |
259 | (e) The department may not execute a contract for health |
260 | care services at hospitals for rates other than rates based on a |
261 | percentage of the Medicare allowable rate. |
262 | (2) For purposes of this section, the term "hospital" |
263 | means any hospital licensed under chapter 395, Florida Statutes. |
264 | (3) This section expires July 1, 2012. |
265 | Section 9. In order to implement Specific Appropriations |
266 | 310 through 339 of the 2011-2012 General Appropriations Act, |
267 | paragraphs (b) and (c) of subsection (3) of section 394.908, |
268 | Florida Statutes, are amended to read: |
269 | 394.908 Substance abuse and mental health funding equity; |
270 | distribution of appropriations.-In recognition of the historical |
271 | inequity in the funding of substance abuse and mental health |
272 | services for the department's districts and regions and to |
273 | rectify this inequity and provide for equitable funding in the |
274 | future throughout the state, the following funding process shall |
275 | be used: |
276 | (3) |
277 | (b) Notwithstanding paragraph (a) and for the 2011-2012 |
278 | 2010-2011 fiscal year only, funds appropriated for forensic |
279 | mental health treatment services shall be allocated to the areas |
280 | of the state having the greatest demand for services and |
281 | treatment capacity. This paragraph expires July 1, 2012 2011. |
282 | (c) Notwithstanding paragraph (a) and for the 2011-2012 |
283 | 2010-2011 fiscal year only, additional funds appropriated for |
284 | substance abuse and mental health services from funds available |
285 | through the Community-Based Medicaid Administrative Claiming |
286 | Program shall be allocated as provided in the 2011-2012 2010- |
287 | 2011 General Appropriations Act and in proportion to contributed |
288 | provider earnings. This paragraph expires July 1, 2012 2011. |
289 | Section 10. In order to implement Specific Appropriation |
290 | 465 of the 2011-2012 General Appropriations Act, and for the |
291 | 2011-2012 fiscal year only, the following requirements shall |
292 | govern the completion of Phase 2 and Phase 3 of the Department |
293 | of Health's Florida Onsite Sewage Nitrogen Reduction Strategies |
294 | Study: |
295 | (1) The underlying contract for which the study was let |
296 | shall remain in full force and effect with the Department of |
297 | Health, and funding the contract for the completion of Phase 2 |
298 | and Phase 3 of the study shall be through the Department of |
299 | Health. |
300 | (2) The Department of Health, the Department of Health's |
301 | Research Review and Advisory Committee, and the Department of |
302 | Environmental Protection shall work together to provide the |
303 | necessary technical oversight of the completion of Phase 2 and |
304 | Phase 3 of the study. |
305 | (3) Management and oversight of the completion of Phase 2 |
306 | and Phase 3 shall be consistent with the terms of the existing |
307 | contract. However, the main focus and priority for work to be |
308 | completed for Phase 3 shall be in developing, testing, and |
309 | recommending cost-effective passive technology design criteria |
310 | for nitrogen reduction. |
311 | (4) The systems installed at home sites are experimental |
312 | in nature and shall be installed with significant field testing |
313 | and monitoring. The Department of Health is specifically |
314 | authorized to allow installation of these experimental systems. |
315 | In addition, before Phase 3 of the study is complete and |
316 | notwithstanding any law to the contrary, a state agency may not |
317 | adopt or implement a rule or policy that: |
318 | (a) Mandates, establishes, or implements more restrictive |
319 | nitrogen-reduction standards that apply to existing or new |
320 | onsite sewage treatment systems or modification of such systems; |
321 | (b) Directly requires or has the indirect effect of |
322 | requiring, for nitrogen reduction, the use of performance-based |
323 | treatment systems, or any similar technology. However, |
324 | Department of Environmental Protection administrative orders |
325 | recognizing onsite system modifications, developed through a |
326 | basin management action plan adopted pursuant to s. 403.067, |
327 | Florida Statutes, are not subject to the restrictions of this |
328 | subsection for onsite system modifications phased in after |
329 | completion of Phase 3. |
330 | (5) This section expires July 1, 2012. |
331 | Section 11. In order to implement Specific Appropriations |
332 | 259 through 357 of the 2011-2012 General Appropriations Act, |
333 | subsection (3) of section 1 of chapter 2007-174, Laws of |
334 | Florida, is amended to read: |
335 | Section 1. Flexibility for the Department of Children and |
336 | Family Services.- |
337 | (3) This section expires July 1, 2012 June 30, 2008. |
338 | Section 12. In order to implement Specific Appropriations |
339 | 171 and 177 through 179 and 182 of the 2011-2012 General |
340 | Appropriations Act, the calculations of the Medicaid Low-Income |
341 | Pool, Disproportionate Share Hospital, and Hospital Exemptions |
342 | Programs for the 2011-2012 fiscal year in the document entitled |
343 | "Medicaid Supplemental Hospital Funding Programs" dated March |
344 | 31, 2011, and filed with the Clerk of the House of |
345 | Representatives, are incorporated by reference for the purpose |
346 | of displaying the calculations used by the Legislature, |
347 | consistent with the requirements of the Florida Statutes, in |
348 | making appropriations for the Low-Income Pool, Disproportionate |
349 | Share Hospital, and Hospital Exemptions Programs. |
350 | Section 13. In order to implement Specific Appropriation |
351 | 2341A of the 2011-2012 General Appropriations Act, the Florida |
352 | Catastrophic Storm Risk Management Center at Florida State |
353 | University shall conduct the analysis as originally required in |
354 | section 164 of chapter 2004-390, Laws of Florida. |
355 | Notwithstanding section 164 of chapter 2004-390, Laws of |
356 | Florida, the Florida Catastrophic Storm Risk Management Center |
357 | at Florida State University is directed to use the most recent |
358 | and available premium data for personal lines property and |
359 | casualty insurance in completing the analysis. |
360 | Section 14. In order to implement Specific Appropriations |
361 | 2574 through 2584 of the 2011-2012 General Appropriations Act, |
362 | the Department of Management Services shall use interest |
363 | earnings of the Communications Working Capital Trust Fund as the |
364 | funding source for its responsibilities for the administration |
365 | of the MyFlorida.com portal. |
366 | Section 15. In order to implement Specific Appropriations |
367 | 2173 through 2195 of the 2011-2012 General Appropriations Act, |
368 | subsection (13) of section 253.034, Florida Statutes, is amended |
369 | to read: |
370 | 253.034 State-owned lands; uses.- |
371 | (13) Notwithstanding the provisions of this section, funds |
372 | derived from the sale of the Department of Citrus' property |
373 | located in Lakeland, Florida, are authorized to be deposited |
374 | into the Citrus Advertising Trust Fund. This subsection expires |
375 | July 1, 2012 2011. |
376 | Section 16. In order to implement Specific Appropriation |
377 | 1648A of the 2011-2012 General Appropriations Act, paragraph (b) |
378 | of subsection (3) of section 375.041, Florida Statutes, is |
379 | amended to read: |
380 | 375.041 Land Acquisition Trust Fund.- |
381 | (3) |
382 | (b) In addition to the uses allowed in paragraph (a), for |
383 | the 2011-2012 2010-2011 fiscal year, moneys in the Land |
384 | Acquisition Trust Fund are authorized for transfer to support |
385 | the Total Maximum Daily Loads Clean Water State Revolving Fund, |
386 | the Drinking Water State Revolving Fund, the Total Maximum Daily |
387 | Loads programs, and the Marine Spatial Planning programs as |
388 | provided in the General Appropriations Act. This paragraph |
389 | expires July 1, 2012 2011. |
390 | Section 17. In order to implement Specific Appropriation |
391 | 1580A of the 2011-2012 General Appropriations Act, subsection |
392 | (12) of section 373.59, Florida Statutes, is amended to read: |
393 | 373.59 Water Management Lands Trust Fund.- |
394 | (12) Notwithstanding subsection (8), and for the 2011-2012 |
395 | 2010-2011 fiscal year only, the moneys from the Water Management |
396 | Lands Trust Fund shall be allocated as follows: |
397 | (a) An amount necessary to pay debt service on bonds |
398 | issued before February 1, 2009, by the South Florida Water |
399 | Management District and the St. Johns River Water Management |
400 | District, which are secured by revenues provided pursuant to |
401 | this section, or to fund debt service reserve funds, rebate |
402 | obligations, or other amounts payable with respect to such |
403 | bonds; |
404 | (b) Eight million dollars to be transferred to the General |
405 | Revenue Fund; and |
406 | (c) The remaining funds to be distributed equally between |
407 | the Suwannee River Water Management District and the Northwest |
408 | Florida Water Management District.; and |
409 | (d) For the 2010-2011 fiscal year only, the sum of $50,000 |
410 | from the Water Management Lands Trust Fund shall be transferred |
411 | to the General Inspection Trust Fund in the Department of |
412 | Agriculture and Consumer Services for the soil and water |
413 | conservation districts for support services. |
414 |
|
415 | This subsection expires July 1, 2012 2011. |
416 | Section 18. In order to implement Specific Appropriations |
417 | 1649 through 1651 and 1653 and section 60 of the 2011-2012 |
418 | General Appropriations Act, paragraph (g) of subsection (1) of |
419 | section 403.1651, Florida Statutes, is reenacted to read: |
420 | 403.1651 Ecosystem Management and Restoration Trust Fund.- |
421 | (1) There is created the Ecosystem Management and |
422 | Restoration Trust Fund to be administered by the Department of |
423 | Environmental Protection for the purposes of: |
424 | (g) Funding activities to preserve and repair the state's |
425 | beaches as provided in ss. 161.091-161.212. |
426 | Section 19. The amendment to s. 403.1651(1)(g), Florida |
427 | Statutes, as carried forward by this act from chapter 2010-153, |
428 | Laws of Florida, shall expire July 1, 2012, and the text of that |
429 | paragraph shall revert to that in existence on June 30, 2009, |
430 | except that any amendments to such text enacted other than by |
431 | this act shall be preserved and continue to operate to the |
432 | extent that such amendments are not dependent upon the portions |
433 | of such text which expire pursuant to this section. |
434 | Section 20. In order to implement Specific Appropriations |
435 | 1324 through 1475 of the 2011-2012 General Appropriations Act, |
436 | subsection (2) of section 570.20, Florida Statutes, is amended |
437 | to read: |
438 | 570.20 General Inspection Trust Fund.- |
439 | (2) For the 2011-2012 2010-2011 fiscal year only and |
440 | notwithstanding any other provision of law to the contrary, in |
441 | addition to the spending authorized in subsection (1), moneys in |
442 | the General Inspection Trust Fund may be appropriated for |
443 | programs operated by the department which are related to the |
444 | programs authorized by this chapter. This subsection expires |
445 | July 1, 2012 2011. |
446 | Section 21. In order to implement Specific Appropriation |
447 | 1703Z of the 2011-2012 General Appropriations Act, subsection |
448 | (5) of section 403.7095, Florida Statutes, is amended to read: |
449 | 403.7095 Solid waste management grant program.- |
450 | (5) Notwithstanding any provision of this section to the |
451 | contrary, and for the 2011-2012 2010-2011 fiscal year only, the |
452 | Department of Environmental Protection shall award the sum of |
453 | $2,400,000 in grants equally to counties having populations of |
454 | fewer than 100,000 for waste tire and litter prevention, |
455 | recycling education, and general solid waste programs. This |
456 | subsection expires July 1, 2012 2011. |
457 | Section 22. In order to implement Specific Appropriation |
458 | 1430 of the 2011-2012 General Appropriations Act and to provide |
459 | consistency and continuity in the promotion of agriculture |
460 | throughout the state, notwithstanding s. 287.057, Florida |
461 | Statutes, the Department of Agriculture and Consumer Services, |
462 | at its discretion, may extend, revise, and renew current |
463 | contracts or agreements created or entered into pursuant to |
464 | chapter 2006-25, Laws of Florida. This section expires July 1, |
465 | 2012. |
466 | Section 23. In order to implement Specific Appropriations |
467 | 1918A through 1919, 1925A through 1925D, 1938C through 1939, and |
468 | 1976A through 1976K of the 2011-2012 General Appropriations Act, |
469 | paragraph (a) of subsection (4) of section 339.135, Florida |
470 | Statutes, is amended to read: |
471 | 339.135 Work program; legislative budget request; |
472 | definitions; preparation, adoption, execution, and amendment.- |
473 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
474 | (a)1. To assure that no district or county is penalized |
475 | for local efforts to improve the State Highway System, the |
476 | department shall, for the purpose of developing a tentative work |
477 | program, allocate funds for new construction to the districts, |
478 | except for the turnpike enterprise, based on equal parts of |
479 | population and motor fuel tax collections. Funds for |
480 | resurfacing, bridge repair and rehabilitation, bridge fender |
481 | system construction or repair, public transit projects except |
482 | public transit block grants as provided in s. 341.052, and other |
483 | programs with quantitative needs assessments shall be allocated |
484 | based on the results of these assessments. The department may |
485 | not transfer any funds allocated to a district under this |
486 | paragraph to any other district except as provided in subsection |
487 | (7). Funds for public transit block grants shall be allocated to |
488 | the districts pursuant to s. 341.052. Funds for the intercity |
489 | bus program provided for under s. 5311(f) of the federal |
490 | nonurbanized area formula program shall be administered and |
491 | allocated directly to eligible bus carriers as defined in s. |
492 | 341.031(12) at the state level rather than the district. In |
493 | order to provide state funding to support the intercity bus |
494 | program provided for under provisions of the federal 5311(f) |
495 | program, the department shall allocate an amount equal to the |
496 | federal share of the 5311(f) program from amounts calculated |
497 | pursuant to s. 206.46(3). |
498 | 2. Notwithstanding the provisions of subparagraph 1., the |
499 | department shall allocate at least 50 percent of any new |
500 | discretionary highway capacity funds to the Florida Strategic |
501 | Intermodal System created pursuant to s. 339.61. Any remaining |
502 | new discretionary highway capacity funds shall be allocated to |
503 | the districts for new construction as provided in subparagraph |
504 | 1. For the purposes of this subparagraph, the term "new |
505 | discretionary highway capacity funds" means any funds available |
506 | to the department above the prior year funding level for |
507 | capacity improvements, which the department has the discretion |
508 | to allocate to highway projects. |
509 | 3. Notwithstanding subparagraphs 1. and 2. and ss. |
510 | 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3), |
511 | and for the 2011-2012 2010-2011 fiscal year only, the department |
512 | shall reduce work program levels to balance the finance plan to |
513 | the revised funding levels resulting from any reduction in the |
514 | 2011-2012 2010-2011 General Appropriations Act. This |
515 | subparagraph expires July 1, 2012 2011. |
516 | 4. For the 2011-2012 2009-2010 fiscal year only, prior to |
517 | any project or phase thereof being deferred, the department's |
518 | cash balances shall be as provided in paragraph (6)(b), and the |
519 | reductions in subparagraph 3. shall be made to financial |
520 | projects not programmed for contract letting as identified with |
521 | a work program contract class code 8 and the box code RV. These |
522 | reductions shall not negatively impact safety or maintenance or |
523 | project contingency percentage levels as of March 22, 2011 April |
524 | 21, 2009. This subparagraph expires July 1, 2012 2010. |
525 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
526 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
527 | through 2013-2014 only, the department shall annually allocate |
528 | up to $15 million of the first proceeds of the increased |
529 | revenues estimated by the November 2009 Revenue Estimating |
530 | Conference to be deposited into the State Transportation Trust |
531 | Fund to provide for the portion of the transfer of funds |
532 | included in s. 343.58(4)(a)1.a. or 2.a., whichever is |
533 | applicable. The transfer of funds included in s. 343.58(4) shall |
534 | not negatively impact projects included in fiscal years 2009- |
535 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
536 | as amended pursuant to subsection (7). This subparagraph expires |
537 | July 1, 2014. |
538 | Section 24. In order to implement Specific Appropriations |
539 | 1918B and 1938S of the 2011-2012 General Appropriations Act, |
540 | subsection (5) of section 339.135, Florida Statutes, is amended |
541 | to read: |
542 | 339.135 Work program; legislative budget request; |
543 | definitions; preparation, adoption, execution, and amendment.- |
544 | (5) ADOPTION OF THE WORK PROGRAM.- |
545 | (a) The original approved budget for operational and fixed |
546 | capital expenditures for the department shall be the Governor's |
547 | budget recommendation and the first year of the tentative work |
548 | program, as both are amended by the General Appropriations Act |
549 | and any other act containing appropriations. In accordance with |
550 | the appropriations act, the department shall, prior to the |
551 | beginning of the fiscal year, adopt a final work program which |
552 | shall only include the original approved budget for the |
553 | department for the ensuing fiscal year together with any roll |
554 | forwards approved pursuant to paragraph (6)(c) and the portion |
555 | of the tentative work program for the following 4 fiscal years |
556 | revised in accordance with the original approved budget for the |
557 | department for the ensuing fiscal year together with said roll |
558 | forwards. The adopted work program may include only those |
559 | projects submitted as part of the tentative work program |
560 | developed under the provisions of subsection (4) plus any |
561 | projects which are separately identified by specific |
562 | appropriation in the General Appropriations Act and any roll |
563 | forwards approved pursuant to paragraph (6)(c). However, any |
564 | transportation project of the department which is identified by |
565 | specific appropriation in the General Appropriations Act shall |
566 | be deducted from the funds annually distributed to the |
567 | respective district pursuant to paragraph (4)(a). In addition, |
568 | the department shall not in any year include any project or |
569 | allocate funds to a program in the adopted work program that is |
570 | contrary to existing law for that particular year. Projects |
571 | shall not be undertaken unless they are listed in the adopted |
572 | work program. |
573 | (b) Notwithstanding paragraph (a), and for the 2011-2012 |
574 | 2010-2011 fiscal year only, the Department of Transportation |
575 | shall transfer funds to the Office of Tourism, Trade, and |
576 | Economic Development in an amount equal to $15,300,000 |
577 | $20,300,000 for the purpose of funding transportation-related |
578 | needs of economic development projects. This transfer shall not |
579 | reduce, delete, or defer any existing projects funded, as of |
580 | July 1, 2011 2009, in the Department of Transportation's 5-year |
581 | work program. This paragraph expires July 1, 2012 2011. |
582 | (c) Notwithstanding paragraph (a), and for the 2011-2012 |
583 | fiscal year only, the Department of Transportation shall fund |
584 | airport development projects specified in the General |
585 | Appropriations Act and shall not reduce, delete, or defer any |
586 | existing projects funded, as of July 1, 2011, in the Department |
587 | of Transportation's 5-year work program. This paragraph expires |
588 | July 1, 2012. |
589 | Section 25. In order to implement section 72 of the 2011- |
590 | 2012 General Appropriations Act, subsection (4) of section |
591 | 339.08, Florida Statutes, is amended to read: |
592 | 339.08 Use of moneys in State Transportation Trust Fund.- |
593 | (4) For the 2011-2012 2010-2011 fiscal year only and |
594 | notwithstanding the provisions of this section and ss. 339.09(1) |
595 | and 215.32(2)(b)4., funds may be transferred from the State |
596 | Transportation Trust Fund to the State School Trust Fund or the |
597 | General Revenue Fund as specified in the General Appropriations |
598 | Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total |
599 | amount transferred shall be reduced from total state revenues |
600 | deposited into the State Transportation Trust Fund for the |
601 | calculation requirements of ss. 206.46(3) and 206.606(2). This |
602 | subsection expires July 1, 2012 2011. |
603 | Section 26. In order to implement Specific Appropriation |
604 | 2008 of the 2011-2012 General Appropriations Act, subsection |
605 | (11) of section 445.009, Florida Statutes, is amended to read: |
606 | 445.009 One-stop delivery system.- |
607 | (11)(a) A participant in an adult or youth work experience |
608 | activity administered under this chapter shall be deemed an |
609 | employee of the state for purposes of workers' compensation |
610 | coverage. In determining the average weekly wage, all |
611 | remuneration received from the employer shall be considered a |
612 | gratuity, and the participant shall not be entitled to any |
613 | benefits otherwise payable under s. 440.15, regardless of |
614 | whether the participant may be receiving wages and remuneration |
615 | from other employment with another employer and regardless of |
616 | his or her future wage-earning capacity. |
617 | (b) This subsection expires July 1, 2012 2011. |
618 | Section 27. In order to implement Specific Appropriation |
619 | 1498 of the 2011-2012 General Appropriations Act, paragraph (d) |
620 | of subsection (3) of section 163.3247, Florida Statutes, is |
621 | reenacted to read: |
622 | 163.3247 Century Commission for a Sustainable Florida.- |
623 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
624 | CREATION; ORGANIZATION.-The Century Commission for a Sustainable |
625 | Florida is created as a standing body to help the citizens of |
626 | this state envision and plan their collective future with an eye |
627 | towards both 25-year and 50-year horizons. |
628 | (d) Members of the commission shall serve without |
629 | compensation. |
630 | Section 28. The amendment to s. 163.3247(3)(d), Florida |
631 | Statutes, as carried forward by this act from chapter 2010-153, |
632 | Laws of Florida, shall expire on July 1, 2012, and the text of |
633 | that paragraph shall revert to that in existence on June 30, |
634 | 2010, except that any amendments to such text enacted other than |
635 | by this act shall be preserved and continue to operate to the |
636 | extent that such amendments are not dependent upon the portions |
637 | of such text which expire pursuant to this section. |
638 | Section 29. In order to implement Specific Appropriation |
639 | 1498 of the 2011-2012 General Appropriations Act, paragraph (c) |
640 | of subsection (1) of section 201.15, Florida Statutes, is |
641 | reenacted to read: |
642 | 201.15 Distribution of taxes collected.-All taxes |
643 | collected under this chapter are subject to the service charge |
644 | imposed in s. 215.20(1). Prior to distribution under this |
645 | section, the Department of Revenue shall deduct amounts |
646 | necessary to pay the costs of the collection and enforcement of |
647 | the tax levied by this chapter. Such costs and the service |
648 | charge may not be levied against any portion of taxes pledged to |
649 | debt service on bonds to the extent that the costs and service |
650 | charge are required to pay any amounts relating to the bonds. |
651 | After distributions are made pursuant to subsection (1), all of |
652 | the costs of the collection and enforcement of the tax levied by |
653 | this chapter and the service charge shall be available and |
654 | transferred to the extent necessary to pay debt service and any |
655 | other amounts payable with respect to bonds authorized before |
656 | January 1, 2010, secured by revenues distributed pursuant to |
657 | subsection (1). All taxes remaining after deduction of costs and |
658 | the service charge shall be distributed as follows: |
659 | (1) Sixty-three and thirty-one hundredths percent of the |
660 | remaining taxes shall be used for the following purposes: |
661 | (c) After the required payments under paragraphs (a) and |
662 | (b), the remainder shall be paid into the State Treasury to the |
663 | credit of: |
664 | 1. The State Transportation Trust Fund in the Department |
665 | of Transportation in the amount of the lesser of 38.2 percent of |
666 | the remainder or $541.75 million in each fiscal year, to be used |
667 | for the following specified purposes, notwithstanding any other |
668 | law to the contrary: |
669 | a. For the purposes of capital funding for the New Starts |
670 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
671 | specified in s. 341.051, 10 percent of these funds; |
672 | b. For the purposes of the Small County Outreach Program |
673 | specified in s. 339.2818, 5 percent of these funds. Effective |
674 | July 1, 2014, the percentage allocated under this sub- |
675 | subparagraph shall be increased to 10 percent; |
676 | c. For the purposes of the Strategic Intermodal System |
677 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
678 | of these funds after allocating for the New Starts Transit |
679 | Program described in sub-subparagraph a. and the Small County |
680 | Outreach Program described in sub-subparagraph b.; and |
681 | d. For the purposes of the Transportation Regional |
682 | Incentive Program specified in s. 339.2819, 25 percent of these |
683 | funds after allocating for the New Starts Transit Program |
684 | described in sub-subparagraph a. and the Small County Outreach |
685 | Program described in sub-subparagraph b. Effective July 1, 2014, |
686 | the first $60 million of the funds allocated pursuant to this |
687 | sub-subparagraph shall be allocated annually to the Florida Rail |
688 | Enterprise for the purposes established in s. 341.303(5). |
689 | 2. The Grants and Donations Trust Fund in the Department |
690 | of Community Affairs in the amount of the lesser of .23 percent |
691 | of the remainder or $3.25 million in each fiscal year to fund |
692 | technical assistance to local governments and school boards on |
693 | the requirements and implementation of this act. |
694 | 3. The Ecosystem Management and Restoration Trust Fund in |
695 | the amount of the lesser of 2.12 percent of the remainder or $30 |
696 | million in each fiscal year, to be used for the preservation and |
697 | repair of the state's beaches as provided in ss. 161.091- |
698 | 161.212. |
699 | 4. General Inspection Trust Fund in the amount of the |
700 | lesser of .02 percent of the remainder or $300,000 in each |
701 | fiscal year to be used to fund oyster management and restoration |
702 | programs as provided in s. 379.362(3). |
703 |
|
704 | Moneys distributed pursuant to this paragraph may not be pledged |
705 | for debt service unless such pledge is approved by referendum of |
706 | the voters. |
707 | Section 30. The amendment to s. 201.15(1)(c)2., Florida |
708 | Statutes, as carried forward by this act from chapter 2010-153, |
709 | Laws of Florida, shall expire on July 1, 2012, and the text of |
710 | that subparagraph shall revert to that in existence on June 30, |
711 | 2010, except that any amendments to such text enacted other than |
712 | by this act shall be preserved and continue to operate to the |
713 | extent that such amendments are not dependent upon the portions |
714 | of such text which expire pursuant to this section. |
715 | Section 31. In order to implement Specific Appropriations |
716 | 1918A through 1919, 1925A through 1925D, 1938C through 1939, and |
717 | 1976A through 1976K of the 2011-2012 General Appropriations Act, |
718 | subsection (3) of section 206.608, Florida Statutes, is amended |
719 | to read: |
720 | 206.608 State Comprehensive Enhanced Transportation System |
721 | Tax; deposit of proceeds; distribution.-Moneys received pursuant |
722 | to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the |
723 | Fuel Tax Collection Trust Fund, and, after deducting the service |
724 | charge imposed in chapter 215 and administrative costs incurred |
725 | by the department in collecting, administering, enforcing, and |
726 | distributing the tax, which administrative costs may not exceed |
727 | 2 percent of collections, shall be distributed as follows: |
728 | (3) For the 2011-2012 2010-2011 fiscal year only, and |
729 | notwithstanding the provisions of subsection (2), the remaining |
730 | proceeds of the tax levied pursuant to s. 206.41(1)(f) and all |
731 | of the proceeds from the tax imposed by s. 206.87(1)(d) shall be |
732 | transferred into the State Transportation Trust Fund and shall |
733 | be used for the purposes stated in s. 339.08. This subsection |
734 | expires July 1, 2012 2011. |
735 | Section 32. In order to implement the appropriation of |
736 | funds in Special Categories-Risk Management Insurance of the |
737 | 2011-2012 General Appropriations Act, and pursuant to the |
738 | notice, review, and objection procedures of s. 216.177, Florida |
739 | Statutes, the Executive Office of the Governor is authorized to |
740 | transfer funds appropriated in the appropriation category |
741 | "Special Categories-Risk Management Insurance" of the 2011-2012 |
742 | General Appropriations Act between departments in order to align |
743 | the budget authority granted with the premiums paid by each |
744 | department for risk management insurance. This section expires |
745 | July 1, 2012. |
746 | Section 33. In order to implement the appropriation of |
747 | funds in Special Categories-Transfer to Department of Management |
748 | Services-Human Resources Services Purchased Per Statewide |
749 | Contract of the 2011-2012 General Appropriations Act, and |
750 | pursuant to the notice, review, and objection procedures of s. |
751 | 216.177, Florida Statutes, the Executive Office of the Governor |
752 | is authorized to transfer funds appropriated in the |
753 | appropriation category "Special Categories-Transfer to |
754 | Department of Management Services-Human Resources Services |
755 | Purchased Per Statewide Contract" of the 2011-2012 General |
756 | Appropriations Act between departments in order to align the |
757 | budget authority granted with the assessments that must be paid |
758 | by each agency to the Department of Management Services for |
759 | human resource management services. This section expires July 1, |
760 | 2012. |
761 | Section 34. In order to implement specific appropriations |
762 | for salaries and benefits in the 2011-2012 General |
763 | Appropriations Act, paragraph (a) of subsection (12) of section |
764 | 110.123, Florida Statutes, is amended to read: |
765 | 110.123 State group insurance program.- |
766 | (12) HEALTH SAVINGS ACCOUNTS.-The department is authorized |
767 | to establish health savings accounts for full-time and part-time |
768 | state employees in association with a health insurance plan |
769 | option authorized by the Legislature and conforming to the |
770 | requirements and limitations of federal provisions relating to |
771 | the Medicare Prescription Drug, Improvement, and Modernization |
772 | Act of 2003. |
773 | (a)1. A member participating in this health insurance plan |
774 | option shall be eligible to receive an employer contribution |
775 | into the employee's health savings account from the State |
776 | Employees Health Insurance Trust Fund in an amount to be |
777 | determined by the Legislature. A member is not eligible for an |
778 | employer contribution upon termination of employment. For the |
779 | 2011-2012 2010-2011 fiscal year, the state's monthly |
780 | contribution for employees having individual coverage shall be |
781 | $41.66 and the monthly contribution for employees having family |
782 | coverage shall be $83.33. |
783 | 2. A member participating in this health insurance plan |
784 | option shall be eligible to deposit the member's own funds into |
785 | a health savings account. |
786 | Section 35. In order to implement specific appropriations |
787 | for salaries and benefits in the 2011-2012 General |
788 | Appropriations Act, paragraph (b) of subsection (3) of section |
789 | 112.24, Florida Statutes, is amended to read: |
790 | 112.24 Intergovernmental interchange of public employees.- |
791 | To encourage economical and effective utilization of public |
792 | employees in this state, the temporary assignment of employees |
793 | among agencies of government, both state and local, and |
794 | including school districts and public institutions of higher |
795 | education is authorized under terms and conditions set forth in |
796 | this section. State agencies, municipalities, and political |
797 | subdivisions are authorized to enter into employee interchange |
798 | agreements with other state agencies, the Federal Government, |
799 | another state, a municipality, or a political subdivision |
800 | including a school district, or with a public institution of |
801 | higher education. State agencies are also authorized to enter |
802 | into employee interchange agreements with private institutions |
803 | of higher education and other nonprofit organizations under the |
804 | terms and conditions provided in this section. In addition, the |
805 | Governor or the Governor and Cabinet may enter into employee |
806 | interchange agreements with a state agency, the Federal |
807 | Government, another state, a municipality, or a political |
808 | subdivision including a school district, or with a public |
809 | institution of higher learning to fill, subject to the |
810 | requirements of chapter 20, appointive offices which are within |
811 | the executive branch of government and which are filled by |
812 | appointment by the Governor or the Governor and Cabinet. Under |
813 | no circumstances shall employee interchange agreements be |
814 | utilized for the purpose of assigning individuals to participate |
815 | in political campaigns. Duties and responsibilities of |
816 | interchange employees shall be limited to the mission and goals |
817 | of the agencies of government. |
818 | (3) Salary, leave, travel and transportation, and |
819 | reimbursements for an employee of a sending party that is |
820 | participating in an interchange program shall be handled as |
821 | follows: |
822 | (b)1. The assignment of an employee of a state agency |
823 | either on detail or on leave of absence may be made without |
824 | reimbursement by the receiving party for the travel and |
825 | transportation expenses to or from the place of the assignment |
826 | or for the pay and benefits, or a part thereof, of the employee |
827 | during the assignment. |
828 | 2. For the 2011-2012 2010-2011 fiscal year only, the |
829 | assignment of an employee of a state agency as provided in |
830 | subparagraph 1. may be made if recommended by the Governor or |
831 | Chief Justice, as appropriate, and approved by the chairs of the |
832 | Senate Budget Committee Policy and Steering Committee on Ways |
833 | and Means and the House Appropriations Committee Full |
834 | Appropriations Council on Education and Economic Development. |
835 | Such actions shall be deemed approved if neither chair provides |
836 | written notice of objection within 14 days after the chair's |
837 | receiving notice of the action pursuant to s. 216.177. This |
838 | subparagraph expires July 1, 2012 2011. |
839 | Section 36. In order to implement Specific Appropriations |
840 | 2536 and 2537 of the 2011-2012 General Appropriations Act and |
841 | notwithstanding the provisions of s. 11.13(1), Florida Statutes, |
842 | the authorized salaries for members of the Legislature for |
843 | fiscal year 2011-2012 shall be set at the same level in effect |
844 | on July 1, 2010. This section expires July 1, 2012. |
845 | Section 37. In order to implement the transfer of funds to |
846 | the State School Trust Fund from trust funds in the 2011-2012 |
847 | General Appropriations Act, paragraph (b) of subsection (2) of |
848 | section 215.32, Florida Statutes, is amended to read: |
849 | 215.32 State funds; segregation.- |
850 | (2) The source and use of each of these funds shall be as |
851 | follows: |
852 | (b)1. The trust funds shall consist of moneys received by |
853 | the state which under law or under trust agreement are |
854 | segregated for a purpose authorized by law. The state agency or |
855 | branch of state government receiving or collecting such moneys |
856 | shall be responsible for their proper expenditure as provided by |
857 | law. Upon the request of the state agency or branch of state |
858 | government responsible for the administration of the trust fund, |
859 | the Chief Financial Officer may establish accounts within the |
860 | trust fund at a level considered necessary for proper |
861 | accountability. Once an account is established within a trust |
862 | fund, the Chief Financial Officer may authorize payment from |
863 | that account only upon determining that there is sufficient cash |
864 | and releases at the level of the account. |
865 | 2. In addition to other trust funds created by law, to the |
866 | extent possible, each agency shall use the following trust funds |
867 | as described in this subparagraph for day-to-day operations: |
868 | a. Operations or operating trust fund, for use as a |
869 | depository for funds to be used for program operations funded by |
870 | program revenues, with the exception of administrative |
871 | activities when the operations or operating trust fund is a |
872 | proprietary fund. |
873 | b. Operations and maintenance trust fund, for use as a |
874 | depository for client services funded by third-party payors. |
875 | c. Administrative trust fund, for use as a depository for |
876 | funds to be used for management activities that are departmental |
877 | in nature and funded by indirect cost earnings and assessments |
878 | against trust funds. Proprietary funds are excluded from the |
879 | requirement of using an administrative trust fund. |
880 | d. Grants and donations trust fund, for use as a |
881 | depository for funds to be used for allowable grant or donor |
882 | agreement activities funded by restricted contractual revenue |
883 | from private and public nonfederal sources. |
884 | e. Agency working capital trust fund, for use as a |
885 | depository for funds to be used pursuant to s. 216.272. |
886 | f. Clearing funds trust fund, for use as a depository for |
887 | funds to account for collections pending distribution to lawful |
888 | recipients. |
889 | g. Federal grant trust fund, for use as a depository for |
890 | funds to be used for allowable grant activities funded by |
891 | restricted program revenues from federal sources. |
892 |
|
893 | To the extent possible, each agency must adjust its internal |
894 | accounting to use existing trust funds consistent with the |
895 | requirements of this subparagraph. If an agency does not have |
896 | trust funds listed in this subparagraph and cannot make such |
897 | adjustment, the agency must recommend the creation of the |
898 | necessary trust funds to the Legislature no later than the next |
899 | scheduled review of the agency's trust funds pursuant to s. |
900 | 215.3206. |
901 | 3. All such moneys are hereby appropriated to be expended |
902 | in accordance with the law or trust agreement under which they |
903 | were received, subject always to the provisions of chapter 216 |
904 | relating to the appropriation of funds and to the applicable |
905 | laws relating to the deposit or expenditure of moneys in the |
906 | State Treasury. |
907 | 4.a. Notwithstanding any provision of law restricting the |
908 | use of trust funds to specific purposes, unappropriated cash |
909 | balances from selected trust funds may be authorized by the |
910 | Legislature for transfer to the State School Trust Fund, Budget |
911 | Stabilization Fund, and General Revenue Fund in the General |
912 | Appropriations Act. |
913 | b. This subparagraph does not apply to trust funds |
914 | required by federal programs or mandates; trust funds |
915 | established for bond covenants, indentures, or resolutions whose |
916 | revenues are legally pledged by the state or public body to meet |
917 | debt service or other financial requirements of any debt |
918 | obligations of the state or any public body; the Division of |
919 | Licensing Trust Fund in the Department of Agriculture and |
920 | Consumer Services; the State Transportation Trust Fund; the |
921 | trust fund containing the net annual proceeds from the Florida |
922 | Education Lotteries; the Florida Retirement System Trust Fund; |
923 | trust funds under the management of the State Board of Education |
924 | or the Board of Governors of the State University System, where |
925 | such trust funds are for auxiliary enterprises, self-insurance, |
926 | and contracts, grants, and donations, as those terms are defined |
927 | by general law; trust funds that serve as clearing funds or |
928 | accounts for the Chief Financial Officer or state agencies; |
929 | trust funds that account for assets held by the state in a |
930 | trustee capacity as an agent or fiduciary for individuals, |
931 | private organizations, or other governmental units; and other |
932 | trust funds authorized by the State Constitution. |
933 | Section 38. The amendment to s. 215.32(2)(b), Florida |
934 | Statutes, as carried forward by this act from chapter 2010-153, |
935 | Laws of Florida, shall expire on July 1, 2012, and the text of |
936 | that paragraph shall revert to that in existence on June 30, |
937 | 2010, except that any amendments to such text enacted other than |
938 | by this act shall be preserved and continue to operate to the |
939 | extent that such amendments are not dependent upon the portions |
940 | of such text which expire pursuant to this section. |
941 | Section 39. In order to implement the issuance of new debt |
942 | authorized in the 2011-2012 General Appropriations Act, and |
943 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
944 | Legislature determines that the authorization and issuance of |
945 | debt for the 2011-2012 fiscal year should be implemented and is |
946 | in the best interest of the state and necessary to address a |
947 | critical state emergency. This section expires July 1, 2012. |
948 | Section 40. In order to implement the funds appropriated |
949 | in the 2011-2012 General Appropriations Act for state employee |
950 | travel, the funds appropriated to each state agency, which may |
951 | be used for travel by state employees, shall be limited during |
952 | the 2011-2012 fiscal year to travel for activities that are |
953 | critical to each state agency's mission. Funds may not be used |
954 | to pay for travel by state employees to foreign countries, other |
955 | states, conferences, staff-training activities, or other |
956 | administrative functions unless the agency head has approved in |
957 | writing that such activities are critical to the agency's |
958 | mission. The agency head must consider the use of |
959 | teleconferencing and other forms of electronic communication to |
960 | meet the needs of the proposed activity before approving |
961 | mission-critical travel. This section does not apply to travel |
962 | for law enforcement purposes, military purposes, emergency |
963 | management activities, or public health activities. This section |
964 | expires July 1, 2012. |
965 | Section 41. In order to implement the appropriations |
966 | authorized in the 2011-2012 General Appropriations Act for each |
967 | of the state's designated primary data centers, which are funded |
968 | from the data processing appropriation category and other |
969 | categories used to pay for computing services of user agencies, |
970 | and pursuant to the notice, review, and objection procedures of |
971 | s. 216.177, Florida Statutes, the Executive Office of the |
972 | Governor is authorized to transfer funds appropriated in any |
973 | appropriation category used to pay for data processing in the |
974 | 2011-2012 General Appropriations Act between agencies in order |
975 | to align the budget authority granted with the utilization rate |
976 | of each department. This section expires July 1, 2012. |
977 | Section 42. In order to implement the appropriations |
978 | authorized in the 2011-2012 General Appropriations Act and |
979 | notwithstanding s. 216.181(2)(c), Florida Statutes, an agency |
980 | may transfer funds from the data processing appropriation |
981 | categories to another appropriation category for the purpose of |
982 | supporting and managing its computer resources until such time |
983 | as the agency's data processing function is transferred to the |
984 | Southwood Shared Resource Center, the Northwood Shared Resource |
985 | Center, or the Northwest Regional Data Center. This section |
986 | expires July 1, 2012. |
987 | Section 43. In order to implement Specific Appropriation |
988 | 1983B of the 2011-2012 General Appropriations Act, the Executive |
989 | Office of the Governor is authorized to transfer funds |
990 | appropriated in the appropriation category "Data Processing |
991 | Services - Southwood Shared Resource Center" of the 2011-2012 |
992 | General Appropriations Act between agencies in order to properly |
993 | allocate a reduction in budget for the Southwood Shared Resource |
994 | Center. This section expires July 1, 2012. |
995 | Section 44. In order to implement Specific Appropriation |
996 | 1978A of the 2011-2012 General Appropriations Act, the Executive |
997 | Office of the Governor is authorized to transfer funds |
998 | appropriated in the appropriation category "Expenses" of the |
999 | 2011-2012 General Appropriations Act between agencies in order |
1000 | to allocate a reduction relating to SUNCOM Services. This |
1001 | section expires July 1, 2012. |
1002 | Section 45. In order to implement section 8 of the General |
1003 | Appropriations Act for the 2011-2012 fiscal year, paragraph (a) |
1004 | of subsection (7) of section 110.12315, Florida Statutes, is |
1005 | reenacted to read: |
1006 | 110.12315 Prescription drug program.-The state employees' |
1007 | prescription drug program is established. This program shall be |
1008 | administered by the Department of Management Services, according |
1009 | to the terms and conditions of the plan as established by the |
1010 | relevant provisions of the annual General Appropriations Act and |
1011 | implementing legislation, subject to the following conditions: |
1012 | (7) Under the state employees' prescription drug program |
1013 | copayments must be made as follows: |
1014 | (a) Effective January 1, 2011, for the State Group Health |
1015 | Insurance Standard Plan: |
1016 | 1. For generic drug with card $7. |
1017 | 2. For preferred brand name drug with card $30. |
1018 | 3. For nonpreferred brand name drug with card $50. |
1019 | 4. For generic mail order drug $14. |
1020 | 5. For preferred brand name mail order drug $60. |
1021 | 6. For nonpreferred brand name mail order drug $100. |
1022 | Section 46. The amendment to s. 110.12315(7)(a), Florida |
1023 | Statutes, as carried forward by this act from chapter 2010-153, |
1024 | Laws of Florida, shall expire on July 1, 2012, and the text of |
1025 | that paragraph shall revert to that in existence on December 31, |
1026 | 2010, except that any amendments to such text enacted other than |
1027 | by this act shall be preserved and continue to operate to the |
1028 | extent that such amendments are not dependent upon the portions |
1029 | of such text which expire pursuant to this section. |
1030 | Section 47. Any section of this act that implements a |
1031 | specific appropriation or specifically identified proviso |
1032 | language in the 2011-2012 General Appropriations Act is void if |
1033 | the specific appropriation or specifically identified proviso |
1034 | language is vetoed. A section of this act that implements more |
1035 | than one specific appropriation or more than one portion of |
1036 | specifically identified proviso language in the 2011-2012 |
1037 | General Appropriations Act is void if all the specific |
1038 | appropriations or portions of specifically identified proviso |
1039 | language are vetoed. |
1040 | Section 48. If any other act passed during the 2011 |
1041 | Regular Session contains a provision that is substantively the |
1042 | same as a provision in this act, but that removes or is |
1043 | otherwise not subject to the future repeal applied to such |
1044 | provision by this act, the Legislature intends that the |
1045 | provision in the other act takes precedence and continues to |
1046 | operate, notwithstanding the future repeal provided by this act. |
1047 | Section 49. If any provision of this act or its |
1048 | application to any person or circumstance is held invalid, the |
1049 | invalidity does not affect other provisions or applications of |
1050 | the act which can be given effect without the invalid provision |
1051 | or application, and to this end the provisions of this act are |
1052 | severable. |
1053 | Section 50. Except as otherwise expressly provided in this |
1054 | act and except for this section, which shall take effect June |
1055 | 29, 2011, this act shall take effect July 1, 2011; or, if this |
1056 | act fails to become a law until after that date, it shall take |
1057 | effect upon becoming a law and shall operate retroactively to |
1058 | July 1, 2011. |