Senate Bill 2502e1
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SB 2502 First Engrossed
1 A bill to be entitled
2 An act relating to implementing the fiscal year
3 1998-1999 General Appropriations Act; providing
4 legislative intent; amending s. 216.292, F.S.;
5 authorizing the Department of Children and
6 Family Services and the Agency for Health Care
7 Administration to transfer general revenue
8 funds between them; requiring the Agency for
9 Health Care Administration to use a specified
10 disproportionate share formula, specified
11 audited financial data, and a specified
12 Medicaid per diem rate in fiscal year 1998-1999
13 for qualifying hospitals; amending s. 409.9116,
14 F.S.; altering the formula for rural hospital
15 disproportionate share payments; amending s.
16 216.181, F.S.; authorizing the Department of
17 Children and Family Services and the Department
18 of Health to advance certain moneys for certain
19 contract services; directing the Agency for
20 Health Care Administration to include health
21 maintenance organization recipients in the
22 county billing for a specified purpose;
23 authorizing the Department of Children and
24 Family Services to use certain funds for fixed
25 capital outlay expenditures to meet federal
26 standards; providing an advance of funds from
27 the Medical Quality Assurance Trust Fund to the
28 Department of Health to allow the department to
29 develop an examination for foreign-licensed
30 physicians; providing for reimbursement of the
31 trust fund through examination fees; amending
1
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SB 2502 First Engrossed
1 s. 458.3115, F.S.; deleting certain
2 requirements for the examination; changing the
3 date for availability of the examination for
4 foreign-licensed physicians; authorizing the
5 Department of Law Enforcement to transfer
6 positions, salary rate, and budget between
7 budget entities; requiring notification of such
8 actions; authorizing the Department of Law
9 Enforcement to participate in the Model Career
10 Service Classification and Compensation System,
11 subject to certain conditions; authorizing the
12 Department of Law Enforcement to use certain
13 moneys to provide meritorious-performance
14 bonuses for employees, subject to approval;
15 authorizing the Correctional Privatization
16 Commission and the Department of Juvenile
17 Justice to make certain expenditures to defray
18 costs incurred by a municipality or county as a
19 result of opening and operating a facility of
20 the commission or the department; amending s.
21 236.081, F.S., relating to the Florida
22 Education Finance Program; authorizing funds to
23 keep the district required local effort at a
24 specified percentage of the district's total
25 calculation; providing for allocation of moneys
26 provided for workforce development; providing
27 for budget amendment when a program is moved;
28 amending s. 212.20, F.S.; providing for use of
29 moneys allocated to the Solid Waste Management
30 Trust Fund; providing for certain counties to
31 use moneys received for aquatic weed control
2
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SB 2502 First Engrossed
1 for recycling purposes; amending s. 403.7095,
2 F.S.; revising applicability and the expiration
3 date of the solid waste management grant
4 program; requiring a specified level of funding
5 for counties receiving solid waste management
6 and recycling grants; providing for allocation
7 of funds for innovative programs to address
8 recycling practices and procedures; providing
9 for the sale of certain property; providing for
10 expiration of temporary provisions; providing
11 effect of veto of specific appropriation or
12 proviso to which implementing language refers;
13 providing for construction of implementing act
14 in relation to other legislation; providing
15 severability; providing for retroactive
16 effectiveness; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. It is the intent of the Legislature that
21 the implementing and administering provisions of this act
22 apply to the General Appropriations Act for fiscal year
23 1998-1999.
24 Section 2. In order to implement Specific
25 Appropriations 207 through 521 of the 1998-1999 General
26 Appropriations Act, subsection (1) of section 216.292, Florida
27 Statutes, is amended to read:
28 216.292 Appropriations nontransferable; exceptions.--
29 (1)(a) Funds provided in the General Appropriations
30 Act or as otherwise expressly provided by law shall be
31 expended only for the purpose for which appropriated, except
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SB 2502 First Engrossed
1 that if deemed necessary such moneys may be transferred as
2 provided in subsections (3) and (4) when it is determined to
3 be in the best interest of the state. Appropriations for fixed
4 capital outlay may not be expended for any other purpose, and
5 appropriations may not be transferred between state agencies,
6 or between a state agency and the judicial branch, unless
7 specifically authorized by law.
8 (b) For the 1998-1999 1997-1998 fiscal year only, the
9 Department of Children and Family Services and the Agency for
10 Health Care Administration may transfer general revenue funds
11 as necessary to comply with any provision of the General
12 Appropriations Act that requires or specifically authorizes
13 the transfer of general revenue funds between these two
14 agencies. This paragraph expires is repealed on July 1, 1999
15 1998.
16 Section 3. During the 1998-1999 fiscal year, the
17 Agency for Health Care Administration shall use the 1992-1993
18 disproportionate share formula, the 1989 audited financial
19 data, and the Medicaid per diem rate as of January 1, 1992,
20 for those hospitals that qualify for the hospital
21 disproportionate share program funded in Specific
22 Appropriation 247 of the 1998-1999 General Appropriations Act.
23 This section expires July 1, 1999.
24 Section 4. In order to implement Specific
25 Appropriation 240 of the 1998-1999 General Appropriations Act,
26 subsection (6) of section 409.9116, Florida Statutes, is
27 amended to read:
28 409.9116 Disproportionate share/financial assistance
29 program for rural hospitals.--In addition to the payments made
30 under s. 409.911, the Agency for Health Care Administration
31 shall administer a federally matched disproportionate share
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SB 2502 First Engrossed
1 program and a state-funded financial assistance program for
2 statutory rural hospitals. The agency shall make
3 disproportionate share payments to statutory rural hospitals
4 that qualify for such payments and financial assistance
5 payments to statutory rural hospitals that do not qualify for
6 disproportionate share payments. The disproportionate share
7 program payments shall be limited by and conform with federal
8 requirements. In fiscal year 1993-1994, available funds shall
9 be distributed in one payment, as soon as practicable after
10 the effective date of this act. In subsequent fiscal years,
11 funds shall be distributed quarterly in each fiscal year for
12 which an appropriation is made. Notwithstanding the provisions
13 of s. 409.915, counties are exempt from contributing toward
14 the cost of this special reimbursement for hospitals serving a
15 disproportionate share of low-income patients.
16 (6) For the 1998-1999 1997-1998 fiscal year only, the
17 Agency for Health Care Administration shall use the following
18 formula for distribution of the funds in Specific
19 Appropriation 240 226 of the 1998-1999 1997-1998 General
20 Appropriations Act for the disproportionate share/financial
21 assistance program for rural hospitals.
22 (a) The agency shall first determine a preliminary
23 payment amount for each rural hospital by allocating all
24 available state funds using the following formula:
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26 PDAER = (TAERH x TARH)/STAERH
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28 Where:
29 PDAER = preliminary distribution amount for each rural
30 hospital.
31 TAERH = total amount earned by each rural hospital.
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SB 2502 First Engrossed
1 TARH = total amount appropriated or distributed under
2 this section.
3 STAERH = sum of total amount earned by each rural
4 hospital.
5 (b) Federal matching funds for the disproportionate
6 share program shall then be calculated for those hospitals
7 that qualify for disproportionate share in paragraph (a).
8 (c) The state-funds-only payment amount is then
9 calculated for each hospital using the formula:
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11 SFOER = Maximum value of (1) SFOL - PDAER or (2) 0
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13 Where:
14 SFOER = state-funds-only payment amount for each rural
15 hospital.
16 SFOL = state-funds-only payment level, which is set at
17 4 percent of TARH.
18 (d) The adjusted total amount allocated to the rural
19 disproportionate share program shall then be calculated using
20 the following formula:
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22 ATARH = (TARH - SSFOER)
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24 Where:
25 ATARH = adjusted total amount appropriated or
26 distributed under this section.
27 SSFOER = sum of the state-funds-only payment amount
28 calculated under paragraph (c) for all rural hospitals.
29 (e) The determination of the amount of rural
30 disproportionate share hospital funds is calculated by the
31 following formula:
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SB 2502 First Engrossed
1
2 TDAERH = [(TAERH x ATARH)/STAERH]
3
4 Where:
5 TDAERH = total distribution amount for each rural
6 hospital.
7 (f) Federal matching funds for the disproportionate
8 share program shall then be calculated for those hospitals
9 that qualify for disproportionate share in paragraph (e).
10 (g) State-funds-only payment amounts calculated under
11 paragraph (c) are then added to the results of paragraph (f)
12 to determine the total distribution amount for each rural
13 hospital.
14 (h) This subsection expires is repealed on July 1,
15 1999 1998.
16 Section 5. In order to implement Specific
17 Appropriations 293 through 446A and 466A through 556A of the
18 1998-1999 General Appropriations Act, paragraph (c) of
19 subsection (15) of section 216.181, Florida Statutes, is
20 amended to read:
21 216.181 Approved budgets for operations and fixed
22 capital outlay.--
23 (15)
24 (c) For the 1998-1999 1997-1998 fiscal year only,
25 funds appropriated to the Department of Children and Family
26 Services in Specific Appropriations 293 272 through 446A 403
27 and the Department of Health in Specific Appropriations 466A
28 426 through 556A 511A of the 1998-1999 1997-1998 General
29 Appropriations Act may be advanced, unless specifically
30 prohibited in such General Appropriations Act, for those
31 contracted services that were approved for advancement by the
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SB 2502 First Engrossed
1 Comptroller in fiscal year 1993-1994, including those services
2 contracted on a fixed-price or unit cost basis. This
3 paragraph expires is repealed on July 1, 1999 1998.
4 Section 6. For the purpose of implementing Specific
5 Appropriation 247 of the 1998-1999 General Appropriations Act,
6 and for the 1998-1999 fiscal year only, the Agency for Health
7 Care Administration shall include health maintenance
8 organization recipients in the county billing for inpatient
9 hospital stays for the purpose of shared costs with counties
10 in accordance with the Florida Statutes. This section expires
11 July 1, 1999.
12 Section 7. In order to implement Specific
13 Appropriations 440 through 445 of the 1998-1999 General
14 Appropriations Act, the Department of Children and Family
15 Services is authorized to use operating funds budgeted for
16 Developmental Services Institutions for fixed capital outlay
17 expenditures as needed to bring any currently unlicensed beds
18 up to Federal Intermediate Care Facility for the
19 Developmentally Disabled licensure standards. This section
20 expires July 1, 1999.
21 Section 8. In order to implement Specific
22 Appropriation 474 of the 1998-1999 General Appropriations Act,
23 the sum of $1.2 million is transferred from the unallocated
24 balance in the Medical Quality Assurance Trust Fund to the
25 Department of Health to allow the department to develop the
26 examination required for foreign-licensed physicians in
27 section 458.3115(1)(a), Florida Statutes, through a contract
28 with the University of South Florida. The department shall
29 charge examinees a fee that, in the aggregate, will reimburse
30 the Medical Quality Assurance Trust Fund for the amount
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SB 2502 First Engrossed
1 advanced to the department under this section. This section
2 expires July 1, 1999.
3 Section 9. Paragraph (a) of subsection (1) of section
4 458.3115, Florida Statutes, is amended to read:
5 458.3115 Restricted license; certain foreign-licensed
6 physicians; United States Medical Licensing Examination
7 (USMLE) or agency-developed examination; restrictions on
8 practice; full licensure.--
9 (1)(a) Notwithstanding any other provision of law, the
10 agency shall provide procedures under which certain physicians
11 who are or were foreign-licensed and have practiced medicine
12 no less than 2 years may take the USMLE or an agency-developed
13 examination to qualify for a restricted license to practice
14 medicine in this state. The agency and board-developed
15 examination shall test the same areas of medical knowledge as
16 the Federation of State Medical Boards of the United States,
17 Inc. (FLEX) previously administered by the Florida Board of
18 Medicine to grant medical licensure in Florida. Said
19 examination shall be in the same form and content and shall be
20 administered in the same manner as the FLEX. The
21 agency-developed examination must be made available no later
22 than December 31 September 1, 1998, to a physician who
23 qualifies for licensure. A person who is eligible to take and
24 elects to take the agency and board-developed examination, who
25 has previously passed part 1 or part 2 of the previously
26 administered FLEX shall not be required to retake or pass the
27 equivalent parts of the agency-developed examination, and may
28 sit for the agency and board-developed examination five times
29 within 5 years.
30 Section 10. For the purpose of implementing Specific
31 Appropriations 1033, 1042, 1046, and 1050 of the 1998-1999
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SB 2502 First Engrossed
1 General Appropriations Act, the Florida Department of Law
2 Enforcement may transfer up to 20 positions and associated
3 budget between budget entities and up to 10 percent of the
4 initial approved salary rate between budget entities, provided
5 the same funding source is used throughout each transfer. The
6 department may also transfer up to 10 percent of the initial
7 approved budget between budget entities, provided the same
8 funding source is used throughout each transfer. The
9 department must provide notice to the Executive Office of the
10 Governor, the Senate Ways and Means Committee, and the House
11 Committee on Criminal Justice Appropriations for all transfers
12 of salary rate or positions. This section expires July 1,
13 1999.
14 Section 11. For the purpose of implementing Specific
15 Appropriations 1033, 1042, 1046, and 1050 of the 1998-1999
16 General Appropriations Act, beginning July 1, 1998, the
17 Florida Department of Law Enforcement, with approval of the
18 Executive Office of the Governor and in consultation with the
19 Department of Management Services, legislative appropriation
20 and personnel committees, and the affected certified
21 bargaining units, is authorized to participate in the Model
22 Career Service Classification and Compensation System as
23 authorized by section 334.0445, Florida Statutes, which is
24 hereby continued through June 30, 1999, for this purpose. This
25 section expires July 1, 1999.
26 Section 12. Consistent with the provisions of section
27 216.163, Florida Statutes, and notwithstanding the provisions
28 of section 216.181, Florida Statutes, the Florida Department
29 of Law Enforcement may transfer up to one-half of 1 percent of
30 the funds in Specific Appropriations 1033, 1042, 1046, and
31 1050 of the 1998-1999 General Appropriations Act for lump-sum
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SB 2502 First Engrossed
1 salary bonuses for departmental employees at the discretion of
2 the Executive Director, provided that such bonuses are given
3 only to selected employees for meritorious performance,
4 instead of being given as across-the-board bonuses for all
5 employees. The department, after consultation with the
6 Executive Office of the Governor, shall provide a plan to the
7 House Fiscal Responsibility Council Chair and to the Senate
8 Ways and Means Committee Chair for approval before awarding
9 such bonuses. This section expires July 1, 1999.
10 Section 13. In order to implement Specific
11 Appropriation 589 of the 1998-1999 General Appropriations Act,
12 the Correctional Privatization Commission and the Department
13 of Juvenile Justice may expend appropriated funds to assist in
14 defraying the costs of impacts that are incurred by a
15 municipality or county and associated with opening and
16 operating a facility under the authority of the Correctional
17 Privatization Commission or a facility under the authority of
18 the Department of Juvenile Justice which is located within
19 that municipality or county. The amount that is to be paid
20 under this section for any facility may not exceed 1 percent
21 of the facility construction cost, less building impact fees
22 imposed by the municipality, or by the county if the facility
23 is located in the unincorporated portion of the county. This
24 section expires July 1, 1999.
25 Section 14. In order to implement Specific
26 Appropriation 117 of the 1998-1999 General Appropriations Act,
27 paragraph (a) of subsection (4) of section 236.081, Florida
28 Statutes, is amended to read:
29 236.081 Funds for operation of schools.--If the annual
30 allocation from the Florida Education Finance Program to each
31 district for operation of schools is not determined in the
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SB 2502 First Engrossed
1 annual appropriations act or the substantive bill implementing
2 the annual appropriations act, it shall be determined as
3 follows:
4 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL
5 EFFORT.--The Legislature shall prescribe the aggregate
6 required local effort for all school districts collectively as
7 an item in the General Appropriations Act for each fiscal
8 year. The amount that each district shall provide annually
9 toward the cost of the Florida Education Finance Program for
10 kindergarten through grade 12 programs shall be calculated as
11 follows:
12 (a) Estimated taxable value calculations.--
13 1.a. Not later than 2 working days prior to July 19,
14 the Department of Revenue shall certify to the Commissioner of
15 Education its most recent estimate of the taxable value for
16 school purposes in each school district and the total for all
17 school districts in the state for the current calendar year
18 based on the latest available data obtained from the local
19 property appraisers. Not later than July 19, the commissioner
20 shall compute a millage rate, rounded to the next highest one
21 one-thousandth of a mill, which, when applied to 95 percent of
22 the estimated state total taxable value for school purposes,
23 would generate the prescribed aggregate required local effort
24 for that year for all districts. The commissioner shall
25 certify to each district school board the millage rate,
26 computed as prescribed in this subparagraph, as the minimum
27 millage rate necessary to provide the district required local
28 effort for that year.
29 b. For the 1998-1999 1997-1998 fiscal year only, the
30 General Appropriations Act may direct the computation of the
31 statewide adjusted aggregate amount for required local effort
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SB 2502 First Engrossed
1 for all school districts collectively from ad valorem taxes to
2 ensure that no school district's revenue from required local
3 effort millage will produce more than 90 percent of the
4 district's total Florida Education Finance Program
5 calculation, and the adjustment of the required local effort
6 millage rate of each district that produces more than 90
7 percent of its total Florida Education Finance Program
8 entitlement to a level that will produce only 90 percent of
9 its total Florida Education Finance Program entitlement. This
10 sub-subparagraph expires is repealed on July 1, 1999 1998,
11 unless enacted in other legislation.
12 2. As revised data are received from property
13 appraisers, the Department of Revenue shall amend the
14 certification of the estimate of the taxable value for school
15 purposes. The Commissioner of Education, in administering the
16 provisions of subparagraph (10)(a)2., shall use the most
17 recent taxable value for the appropriate year.
18 Section 15. The funds provided in the 1998-1999
19 General Appropriations Act for workforce development shall be
20 initially allocated to the school district or community
21 college as designated. If, for any reason, a program in whole
22 or in part is moved from a community college to a school
23 district or moved from a school district to a community
24 college, the Commissioner of Education or the Executive
25 Director, Division of Community Colleges, shall submit a
26 budget amendment pursuant to chapter 216, Florida Statutes, to
27 transfer the appropriate amount of the 1998-1999 appropriation
28 between the affected district and community college. The
29 amount transferred shall be as near as practicable to the
30 actual amount appropriated for the FTE funded for that
31 program. This section expires July 1, 1999.
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SB 2502 First Engrossed
1 Section 16. In order to implement Specific
2 Appropriations 1299 and 1302 of the 1998-1999 General
3 Appropriations Act, subsection (7) of section 212.20, Florida
4 Statutes, is amended to read:
5 212.20 Funds collected, disposition; additional powers
6 of department; operational expense; refund of taxes
7 adjudicated unconstitutionally collected.--
8 (7) For the 1998-1999 1997-1998 fiscal year only, the
9 use of funds allocated to the Solid Waste Management Trust
10 Fund shall be as provided in the General Appropriations Act.
11 There is transferred $6 million for the surface water
12 improvement and management program and $6 million for the
13 aquatic weed control program from revenues provided by this
14 section. This subsection expires July 1, 1999 1998.
15 Section 17. In order to implement Specific
16 Appropriations 1397 and 1399 of the 1998-1999 General
17 Appropriations Act, counties receiving funds for aquatic weed
18 control programs as provided by section 212.20(7), Florida
19 Statutes, may use these funds for recycling purposes. This
20 authorization expires June 30, 1999.
21 Section 18. In order to implement Specific
22 Appropriations 1397 and 1399 of the 1998-1999 General
23 Appropriations Act, paragraph (a) of subsection (7) of section
24 403.7095, Florida Statutes, is amended to read:
25 403.7095 Solid waste management grant program.--
26 (7)(a) Annual solid waste and recycling grants shall
27 be available to counties with populations of fewer than
28 100,000. The sum of $50,000 shall be available annually to
29 each eligible county from the Solid Waste Management Trust
30 Fund through June 30, 1999 1998. These grants shall be made
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1 by October 1 of each year to any county applying to the
2 department prior to August 1 of any given year.
3 Section 19. In order to implement Specific
4 Appropriations 1397 and 1399 of the 1998-1999 General
5 Appropriations Act, subsections (8) and (9) of section
6 403.7095, Florida Statutes, are amended to read:
7 403.7095 Solid waste management grant program.--
8 (8) For fiscal year 1998-1999 1997-1998 the department
9 shall provide counties with populations under 100,000 with at
10 least the same level of funding they received in fiscal year
11 1997-1998 1996-1997 for solid waste management and recycling
12 grants.
13 (9) For fiscal year 1998-1999 1997-1998 the department
14 shall provide 10 percent of the total funds available after
15 the requirements of subsection (8) are met for recycling
16 grants available to all counties on a competitive basis for
17 innovative programs that meet one or more of the following
18 criteria:
19 (a) Demonstrate advanced technologies or processes.
20 (b) Collect and recycle nontraditional materials.
21 (c) Demonstrate substantial improvement in program
22 cost-effectiveness and efficiency as measured against
23 statewide average costs for the same or similar programs.
24 (d) Demonstrate transferability of technology and
25 processes used in program.
26 (e) Demonstrate and implement multicounty or regional
27 recycling programs.
28 Section 20. In order to implement Specific
29 Appropriation 1571M of the 1998-1999 General Appropriations
30 Act, the Department of Transportation, on behalf of the Board
31 of Trustees of the Internal Improvement Trust Fund, may sell,
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SB 2502 First Engrossed
1 at fair market value, the following described state real
2 property utilized by the Department of Highway Safety and
3 Motor Vehicles.
4
5 From the NW corner of Section 28, Township 22
6 South, Range 30 East, run North 89 degrees, 21
7 minutes, 24 seconds East, 1900 feet; thence run
8 South 0 degrees, 38 minutes, 36 seconds East,
9 59.45 feet for a point of beginning, said point
10 being on the Southerly right of way line of
11 State Highway No. 50; thence South 0 degrees,
12 38 minutes, 36 seconds East, 525.41 feet;
13 thence North 66 degrees, 42 minutes, 09 seconds
14 East, 390 feet more or less to the water's edge
15 of Lake Barton; thence run Northerly along the
16 water's edge of Lake Barton to the North line
17 of said Section 28; thence run South 89
18 degrees, 21 minutes, 24 seconds West along the
19 North line of said Section 28, to a 4" concrete
20 monument on the Southerly right of way line of
21 State Road No. 50, being North 89 degrees, 21
22 minutes, 24 seconds East, 2315.27 feet from the
23 NW Corner of said Section 28; thence run
24 Westerly 419.59 feet along the arc of a 0
25 degree, 44 minutes, 25 seconds curve concave to
26 the Northwesterly, (having a central angle of 3
27 degrees, 6 minutes, 22 seconds, the long chord
28 bearing South 81 degrees, 08 minutes, 37
29 seconds West 419.50 feet) to the point of
30 beginning. All of the above described land
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1 being in the NE 1/4 of the NW 1/4 of said
2 Section 28, Orange County, Florida.
3
4 Proceeds from the sale shall be deposited in the State
5 Transportation Trust Fund. The Board of Trustees of the
6 Internal Improvement Trust Fund shall execute and deliver a
7 deed of conveyance for the purpose of carrying into effect a
8 contract or agreement of sale.
9 Section 21. A section of this act which implements a
10 specific appropriation or specifically identified proviso
11 language in the 1998-1999 General Appropriations Act is void
12 if the specific appropriation or specifically identified
13 proviso language is vetoed. A section of this act that
14 implements more than one specific appropriation or more than
15 one portion of specifically identified proviso language in the
16 1998-1999 General Appropriations Act is void if all the
17 specific appropriations or portions of specifically identified
18 proviso language are vetoed.
19 Section 22. If any other act passed during the 1998
20 Regular Session of the Legislature or any extension thereof
21 contains a provision that is substantively the same as a
22 provision in this act, but which removes or is otherwise not
23 subject to the future repeal applied to such provision by this
24 act, the Legislature intends that the provision in the other
25 act shall take precedence and shall continue to operate,
26 notwithstanding the future repeal provided by this act.
27 Section 23. If any provision of this act or the
28 application thereof to any person or circumstance is held
29 invalid, the invalidity shall not affect other provisions or
30 applications of the act which can be given effect without the
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SB 2502 First Engrossed
1 invalid provision or application, and to this end the
2 provisions of this act are declared severable.
3 Section 24. This act shall take effect July 1, 1998,
4 or in the event this act fails to become a law until after
5 that date, it shall operate retroactively thereto.
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