HB 5003

1
A bill to be entitled
2An act implementing the 2007-2008 General Appropriations
3Act; providing legislative intent; amending s. 381.0402,
4F.S.; prohibiting the Department of Health from using the
5annual appropriation to administer and evaluate the area
6health education center network; amending s. 394.908,
7F.S.; authorizing the Department of Children and Family
8Services to allocate funds appropriated for forensic
9mental health treatment services by specified allocation
10methodology; amending ss. 458.319 and 459.0092, F.S.;
11requiring the Department of Health to waive the biennial
12license renewal fee for up to a certain number of
13allopathic and osteopathic physicians who meet specified
14qualifications; amending s. 253.03, F.S.; requiring the
15Department of Environmental Protection to lease the South
16Florida Evaluation and Treatment Center to Miami-Dade
17County for a specified term; requiring Miami-Dade County
18to sublease the facility to the existing lessee until the
19new South Florida Evaluation and Treatment Center is
20completed; authorizing the Department of Corrections and
21the Department of Juvenile Justice to make certain
22expenditures to defray costs incurred by a municipality or
23county as a result of opening or operating a facility
24under authority of the respective department; amending s.
25216.262, F.S.; providing for additional positions to
26operate additional prison bed capacity under certain
27circumstances; authorizing the Executive Office of the
28Governor to transfer funds between departments for
29purposes of aligning amounts paid for risk management
30insurance premiums; authorizing the Department of
31Financial Services to expend appropriated funds for
32salaries and related expenses; authorizing the Executive
33Office of the Governor to transfer funds between
34departments for purposes of aligning amounts paid for
35human resource management services; amending s. 216.181,
36F.S.; authorizing agencies to purchase certain technology
37with expense funds; deleting a provision that has expired;
38reenacting s. 287.17(3)(a) and (6), F.S.; authorizing the
39use of state aircraft for commuting; amending s.
40320.08058, F.S.; authorizing proceeds from the
41Professional Sports Development Trust Fund to be used for
42operational expenses of the Florida Sports Foundation and
43financial support of the Sunshine State Games; amending s.
44339.08, F.S.; providing for administrative expenses from
45the State Transportation Trust Fund; amending s. 216.292,
46F.S.; authorizing the Governor to recommend fixed capital
47outlay projects funded by Federal Emergency Management
48Agency grants; providing for review by the Legislative
49Budget Commission; amending s. 339.135, F.S.; requiring
50the Department of Transportation to transfer funds to the
51Office of Tourism, Trade, and Economic Development for the
52purpose of funding economic development transportation
53projects; creating the Seaport Strategic Planning and
54Financing Task Force; providing for the purpose, duties,
55and membership of the task force; requiring the Office of
56Program Policy Analysis and Government Accountability to
57staff the task force and provide funding assistance;
58requiring the Department of Transportation to provide
59assistance to the task force; amending s. 252.37, F.S.;
60extending the deadline for local governments to apply for
61a waiver of local match for disaster funds related to
62specified hurricanes; amending s. 110.1245, F.S.;
63authorizing state agencies to make cash awards to state
64employees demonstrating satisfactory service to the agency
65or the state; providing limits on such awards; requiring a
66report with respect thereto; amending s. 110.123, F.S.;
67providing for the state's monthly contribution for
68employees under the state group insurance program;
69creating the Florida Local Update of Census Addresses
70Program within the Office of Economic and Demographic
71Research; authorizing the transfer of funds designated for
72the program to the Department of Community Affairs for
73certain grants; providing requirements relating to the
74program; authorizing the Department of Community Affairs
75to use expedited rulemaking authority to implement the
76program; providing effect of veto of specific
77appropriation or proviso to which implementing language
78refers; providing for future repeal or expiration of
79various provisions; providing for reversion of certain
80provisions; providing applicability to other legislation;
81providing severability; providing effective dates.
82
83Be It Enacted by the Legislature of the State of Florida:
84
85     Section 1.  It is the intent of the Legislature that the
86implementing and administering provisions of this act apply to
87the General Appropriations Act for fiscal year 2007-2008.
88     Section 2.  In order to implement Specific Appropriation
89669 of the 2007-2008 General Appropriations Act, subsection (5)
90of section 381.0402, Florida Statutes, is amended to read:
91     381.0402  Area health education center network.--The
92department, in cooperation with the state-approved medical
93schools in this state, shall organize an area health education
94center network based on earlier medically indigent demonstration
95projects and shall evaluate the impact of each network on
96improving access to services by persons who are medically
97underserved. The network shall be a catalyst for the primary
98care training of health professionals through increased
99opportunities for training in medically underserved areas.
100     (5)  Notwithstanding subsection (4), the department may not
101use any portion of the annual appropriation to administer and
102evaluate the network. This subsection expires July 1, 2008 2007.
103     Section 3.  In order to implement Specific Appropriation
104388 of the 2007-2008 General Appropriation Act, subsection (3)
105of section 394.908, Florida Statutes, is amended to read:
106     394.908  Substance abuse and mental health funding equity;
107distribution of appropriations.--In recognition of the
108historical inequity in the funding of substance abuse and mental
109health services for the department's districts and regions and
110to rectify this inequity and provide for equitable funding in
111the future throughout the state, the following funding process
112shall be used:
113     (3)(a)  Any additional funding beyond the 2005-2006 fiscal
114year base appropriation for alcohol, drug abuse, and mental
115health services shall be allocated to districts for substance
116abuse and mental health services based on:
117     1.(a)  Epidemiological estimates of disabilities that apply
118to the respective target populations.
119     2.(b)  A pro rata share distribution that ensures districts
120below the statewide average funding level per person in each
121target population of "persons in need" receive funding necessary
122to achieve equity.
123     (b)  Notwithstanding paragraph (a), and for the 2007-2008
124fiscal year only, funds appropriated for forensic mental health
125treatment services in Specific Appropriation 388 of the 2007-
1262008 General Appropriations Act shall be allocated to the areas
127of the state with the greatest service demand and treatment
128capacity. This paragraph expires July 1, 2008.
129     Section 4.  In order to implement Specific Appropriation
130652 of the 2007-2008 General Appropriations Act, subsection (5)
131is added to section 458.319, Florida Statutes, to read:
132     458.319  Renewal of license.--
133     (5)  Notwithstanding subsections (1)-(4), and for the
1342007-2008 fiscal year only, the Department of Health shall waive
135the biennial license renewal fee for up to 10,000 allopathic and
136osteopathic physicians, in the aggregate, who have a valid,
137active license to practice under chapter 458 or chapter 459;
138whose primary practice address, as reported under s. 456.041, is
139located within the state; and who submit to the department,
140prior to the applicable license renewal date, a sworn affidavit
141that the physician is prescribing medications exclusively
142through the use of electronic prescribing software at the
143physician's primary practice address. For purposes of this
144subsection, "electronic prescribing software" means, at a
145minimum, software that electronically generates and securely
146transmits, in real time, a patient prescription to a pharmacy.
147The department may adopt rules necessary to implement this
148subsection. This subsection expires July 1, 2008.
149     Section 5.  In order to implement Specific Appropriation
150652 of the 2007-2008 General Appropriations Act, subsection (4)
151is added to section 459.0092, Florida Statutes, to read:
152     459.0092  Fees.--The board shall set fees according to the
153following schedule:
154     (4)  Notwithstanding subsections (1)-(3), and for the 2007-
1552008 fiscal year only, the Department of Health shall waive the
156biennial license renewal fee for up to 10,000 allopathic and
157osteopathic physicians, in the aggregate, who have a valid,
158active license to practice under chapter 458 or chapter 459;
159whose primary practice address, as reported under s. 456.041, is
160located within the state; and who submit to the department,
161prior to the applicable license renewal date, a sworn affidavit
162that the physician is prescribing medications exclusively
163through the use of electronic prescribing software at the
164physician's primary practice address. For purposes of this
165subsection, "electronic prescribing software" means, at a
166minimum, software that electronically generates and securely
167transmits, in real time, a patient prescription to a pharmacy.
168The department may adopt rules necessary to implement this
169subsection. This subsection expires July 1, 2008.
170     Section 6.  In order to implement Specific Appropriation
171467 of the 2007-2008 General Appropriations Act, subsection (17)
172is added to section 253.03, Florida Statutes, to read:
173     253.03  Board of trustees to administer state lands; lands
174enumerated.--
175     (17)  Notwithstanding subsections (1)-(16), for the
1762007-2008 fiscal year only, and upon approval of the Board of
177Trustees of the Internal Improvement Trust Fund if necessary,
178the Division of State Lands of the Department of Environmental
179Protection shall lease the existing South Florida Evaluation and
180Treatment Center complex in Miami-Dade County, currently under
181lease to the Department of Children and Family Services, to
182Miami-Dade County for the amount of $1 per year for 99 years to
183be used by the county for its expanded jail diversion program.
184The lease of the property shall take place in the 2007-2008
185fiscal year, and Miami-Dade County shall sublease the facility
186to the existing lessee for $1 per year until the new South
187Florida Evaluation and Treatment Center is completed on or about
188April 2008. This subsection expires July 1, 2008.
189     Section 7.  In order to fulfill legislative intent
190regarding the use of funds contained in Specific Appropriations
191741, 755, 766, and 1231A of the 2007-2008 General Appropriations
192Act, the Department of Corrections and the Department of
193Juvenile Justice may expend appropriated funds to assist in
194defraying the costs of impacts that are incurred by a
195municipality or county and associated with opening or operating
196a facility under the authority of the respective department
197which is located within that municipality or county. The amount
198that is to be paid under this section for any facility may not
199exceed 1 percent of the facility construction cost, less
200building impact fees imposed by the municipality or by the
201county if the facility is located in the unincorporated portion
202of the county. This section expires July 1, 2008.
203     Section 8.  In order to implement Specific Appropriations
204730 through 830 and 868 through 899 of the 2007-2008 General
205Appropriations Act, subsection (4) of section 216.262, Florida
206Statutes, is amended to read:
207     216.262  Authorized positions.--
208     (4)  Notwithstanding the provisions of this chapter on
209increasing the number of authorized positions, and for the 2007-
2102008 2006-2007 fiscal year only, if the actual inmate population
211of the Department of Corrections exceeds the inmate population
212projections of the February 16, 2007 March 21, 2006, Criminal
213Justice Estimating Conference by 1 percent for 2 consecutive
214months or 2 percent for any month, the Executive Office of the
215Governor, with the approval of the Legislative Budget
216Commission, shall immediately notify the Criminal Justice
217Estimating Conference, which shall convene as soon as possible
218to revise the estimates. The Department of Corrections may then
219submit a budget amendment requesting the establishment of
220positions in excess of the number authorized by the Legislature
221and additional appropriations from unallocated general revenue
222sufficient to provide for essential staff, fixed capital
223improvements, and other resources to provide classification,
224security, food services, health services, and other variable
225expenses within the institutions to accommodate the estimated
226increase in the inmate population. All actions taken pursuant to
227the authority granted in this subsection shall be subject to
228review and approval by the Legislative Budget Commission. This
229subsection expires July 1, 2008 2007.
230     Section 9.  In order to implement the appropriation of
231funds in Special Categories-Risk Management Insurance of the
2322007-2008 General Appropriations Act, and pursuant to the
233notice, review, and objection procedures of s. 216.177, Florida
234Statutes, the Executive Office of the Governor is authorized to
235transfer funds appropriated in the appropriation category
236"Special Categories-Risk Management Insurance" of the 2007-2008
237General Appropriations Act between departments in order to align
238the budget authority granted with the premiums paid by each
239department for risk management insurance. This section expires
240July 1, 2008.
241     Section 10.  In order to implement Specific Appropriations
2422659, 2661, 2662, and 2665 of the 2007-2008 General
243Appropriations Act, for the 2007-2008 fiscal year only and
244notwithstanding any conflicting requirements of section 4 of
245chapter 2006-12, Laws of Florida, the Department of Financial
246Services may expend $846,021 of the funds appropriated by
247section 4 of chapter 2006-12, Laws of Florida, for salaries and
248related expenses.
249     Section 11.  In order to implement the appropriation of
250funds in Special Categories-Transfer to Department of Management
251Services-Human Resources Services Purchased Per Statewide
252Contract of the 2007-2008 General Appropriations Act, and
253pursuant to the notice, review, and objection procedures of s.
254216.177, Florida Statutes, the Executive Office of the Governor
255is authorized to transfer funds appropriated in the
256appropriation category "Special Categories-Transfer to
257Department of Management Services-Human Resources Services
258Purchased Per Statewide Contract" of the 2007-2008 General
259Appropriations Act between departments in order to align the
260budget authority granted with the assessments that must be paid
261by each agency to the Department of Management Services for
262human resource management services. This section expires July 1,
2632008.
264     Section 12.  In order to implement specific appropriations
265for Expenses in the 2007-2008 General Appropriations Act,
266subsection (2) of section 216.181, Florida Statutes, is amended
267to read:
268     216.181  Approved budgets for operations and fixed capital
269outlay.--
270     (2)  Amendments to the original approved operating budgets
271for operational and fixed capital outlay expenditures must
272comply with the following guidelines in order to be approved by
273the Governor and the Legislative Budget Commission for the
274executive branch and the Chief Justice and the Legislative
275Budget Commission for the judicial branch:
276     (a)  The amendment must be consistent with legislative
277policy and intent.
278     (b)  The amendment may not initiate or commence a new
279program, except as authorized by this chapter, or eliminate an
280existing program.
281     (c)  Except as authorized in s. 216.292 or other provisions
282of this chapter, the amendment may not provide funding or
283increased funding for items which were funded by the Legislature
284in an amount less than that requested by the agency in the
285legislative budget request or recommended by the Governor, or
286which were vetoed by the Governor.
287     (d)  For amendments that involve trust funds, there must be
288adequate and appropriate revenues available in the trust fund
289and the amendment must be consistent with the laws authorizing
290such trust funds and the laws relating to the use of the trust
291funds. However, a trust fund shall not be increased in excess of
292the original approved budget, except as provided in subsection
293(11).
294     (e)  The amendment shall not conflict with any provision of
295law.
296     (f)  The amendment must not provide funding for any issue
297which was requested by the agency or branch in its legislative
298budget request and not funded in the General Appropriations Act.
299     (g)  The amendment must include a written description of
300the purpose of the proposed change, an indication of why interim
301budget action is necessary, and the intended recipient of any
302funds for contracted services.
303     (h)  The amendment must not provide general salary
304increases which the Legislature has not authorized in the
305General Appropriations Act or other laws.
306     (i)  During the last quarter of fiscal year 2007-2008,
307agencies are authorized to submit budget amendments to transfer
308per diem funds within their budget for the purpose of purchasing
309technology, such as teleconference or video conference equipment
310and service, in order to reduce travel expenses and increase
311participation in meetings. This paragraph expires July 1, 2008.
312     (i)  Notwithstanding paragraph (f), the Agency for Persons
313with Disabilities is authorized to submit an amendment to adjust
314its full-time equivalent positions, salary rate, and related
315budget authority to provide sufficient infrastructure and
316administrative support. This paragraph expires July 1, 2007.
317     Section 13.  In order to implement Specific Appropriations
3182942 through 2950 of the 2007-2008 General Appropriations Act,
319paragraph (a) of subsection (3) and subsection (6) of section
320287.17, Florida Statutes, as amended by section 25 of chapter
3212005-71 and section 16 of chapter 2006-26, Laws of Florida, are
322reenacted, and that paragraph is amended, to read:
323     287.17  Limitation on use of motor vehicles and aircraft.--
324     (3)(a)  The term "official state business" may not be
325construed to permit the use of a motor vehicle or aircraft for
326commuting purposes, unless special assignment of a motor vehicle
327or aircraft is authorized as a perquisite by the Department of
328Management Services, required by an employee after normal duty
329hours to perform duties of the position to which assigned, or
330authorized for an employee whose home is the official base of
331operation.
332     (6)  It is the intention of the Legislature that persons
333traveling on state aircraft for purposes consistent with, but
334not necessarily constituting, official state business may travel
335only when accompanying persons who are traveling on official
336state business and that such persons shall pay the state for all
337costs associated with such travel. A person traveling on state
338aircraft for purposes other than official state business shall
339pay for any trip not exclusively for state business by paying a
340prorated share of all fixed and variable expenses related to the
341ownership, operation, and use of such aircraft.
342     Section 14.  The amendment of s. 287.17, Florida Statutes,
343by this act, as carried forward from chapter 2005-71, Laws of
344Florida, shall expire July 1, 2008, and the text of that section
345shall revert to that in existence on June 30, 2005, except that
346any amendments to such text enacted other than by this act shall
347be preserved and continue to operate to the extent that such
348amendments are not dependent upon the portions of such text
349which expire pursuant to this section.
350     Section 15.  In order to implement Specific Appropriation
3512761 of the 2007-2008 General Appropriations Act, paragraph (b)
352of subsection (9) of section 320.08058, Florida Statutes, is
353amended to read:
354     320.08058  Specialty license plates.--
355     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
356     (b)  The license plate annual use fees are to be annually
357distributed as follows:
358     1.  Fifty-five percent of the proceeds from the Florida
359Professional Sports Team plate must be deposited into the
360Professional Sports Development Trust Fund within the Office of
361Tourism, Trade, and Economic Development. These funds must be
362used solely to attract and support major sports events in this
363state. As used in this subparagraph, the term "major sports
364events" means, but is not limited to, championship or all-star
365contests of Major League Baseball, the National Basketball
366Association, the National Football League, the National Hockey
367League, the men's and women's National Collegiate Athletic
368Association Final Four basketball championship, or a horseracing
369or dogracing Breeders' Cup. All funds must be used to support
370and promote major sporting events, and the uses must be approved
371by the Florida Sports Foundation.
372     2.  The remaining proceeds of the Florida Professional
373Sports Team license plate must be allocated to the Florida
374Sports Foundation, a direct-support organization of the Office
375of Tourism, Trade, and Economic Development. These funds must be
376deposited into the Professional Sports Development Trust Fund
377within the Office of Tourism, Trade, and Economic Development.
378These funds must be used by the Florida Sports Foundation to
379promote the economic development of the sports industry; to
380distribute licensing and royalty fees to participating
381professional sports teams; to promote education programs in
382Florida schools that provide an awareness of the benefits of
383physical activity and nutrition standards; to partner with the
384Department of Education and the Department of Health to develop
385a program that recognizes schools whose students demonstrate
386excellent physical fitness or fitness improvement; to institute
387a grant program for communities bidding on minor sporting events
388that create an economic impact for the state; to distribute
389funds to Florida-based charities designated by the Florida
390Sports Foundation and the participating professional sports
391teams; and to fulfill the sports promotion responsibilities of
392the Office of Tourism, Trade, and Economic Development.
393     3.  The Florida Sports Foundation shall provide an annual
394financial audit in accordance with s. 215.981 of its financial
395accounts and records by an independent certified public
396accountant pursuant to the contract established by the Office of
397Tourism, Trade, and Economic Development as specified in s.
398288.1229(5). The auditor shall submit the audit report to the
399Office of Tourism, Trade, and Economic Development for review
400and approval. If the audit report is approved, the office shall
401certify the audit report to the Auditor General for review.
402     4.  For the 2007-2008 2006-2007 fiscal year only and
403notwithstanding the provisions of subparagraphs 1. and 2.,
404proceeds from the Professional Sports Development Trust Fund may
405also be used for operational expenses of the Florida Sports
406Foundation and financial support of the Sunshine State Games.
407This subparagraph expires July 1, 2008 2007.
408     Section 16.  In order to implement Specific Appropriation
4092266 of the 2007-2008 General Appropriations Act, subsection (1)
410of section 339.08, Florida Statutes, is amended to read:
411     339.08  Use of moneys in State Transportation Trust Fund.--
412     (1)  The department shall expend moneys in the State
413Transportation Trust Fund accruing to the department, in
414accordance with its annual budget. The use of such moneys shall
415be restricted to the following purposes:
416     (a)  To pay administrative expenses of the department,
417including administrative expenses incurred by the several state
418transportation districts, but excluding administrative expenses
419of commuter rail authorities that do not operate rail service.
420     (b)  To pay the cost of construction of the State Highway
421System.
422     (c)  To pay the cost of maintaining the State Highway
423System.
424     (d)  To pay the cost of public transportation projects in
425accordance with chapter 341 and ss. 332.003-332.007.
426     (e)  To reimburse counties or municipalities for
427expenditures made on projects in the State Highway System as
428authorized by s. 339.12(4) upon legislative approval.
429     (f)  To pay the cost of economic development transportation
430projects in accordance with s. 288.063.
431     (g)  To lend or pay a portion of the operating,
432maintenance, and capital costs of a revenue-producing
433transportation project that is located on the State Highway
434System or that is demonstrated to relieve traffic congestion on
435the State Highway System.
436     (h)  To match any federal-aid funds allocated for any other
437transportation purpose, including funds allocated to projects
438not located in the State Highway System.
439     (i)  To pay the cost of county road projects selected in
440accordance with the Small County Road Assistance Program created
441in s. 339.2816.
442     (j)  To pay the cost of county or municipal road projects
443selected in accordance with the County Incentive Grant Program
444created in s. 339.2817 and the Small County Outreach Program
445created in s. 339.2818.
446     (k)  To provide loans and credit enhancements for use in
447constructing and improving highway transportation facilities
448selected in accordance with the state-funded infrastructure bank
449created in s. 339.55.
450     (l)  To pay the cost of projects on the Florida Strategic
451Intermodal System created in s. 339.61.
452     (m)  To pay the cost of transportation projects selected in
453accordance with the Transportation Regional Incentive Program
454created in s. 339.2819.
455     (n)  To pay administrative expenses incurred in accordance
456with applicable laws for a multicounty transportation or
457expressway authority created under chapter 343 or chapter 348,
458where jurisdiction for the authority includes a portion of the
459State Highway System and the administrative expenses are in
460furtherance of the duties and responsibilities of the authority
461in the development of improvements to the State Highway System.
462This paragraph expires July 1, 2008.
463     (o)(n)  To pay other lawful expenditures of the department.
464     Section 17.  In order to implement Specific Appropriations
4651631, 1633, 1656, and 1657 of the 2007-2008 General
466Appropriations Act, subsection (5) of section 216.292, Florida
467Statutes, is amended to read:
468     216.292  Appropriations nontransferable; exceptions.--
469     (5)(a)  A transfer of funds may not result in the
470initiation of a fixed capital outlay project that has not
471received a specific legislative appropriation, except that
472federal funds for fixed capital outlay projects for the
473Department of Military Affairs, which do not carry a continuing
474commitment on future appropriations by the Legislature, may be
475approved by the Executive Office of the Governor for the purpose
476received, subject to the notice and objection procedures set
477forth in s. 216.177.
478     (b)  Notwithstanding paragraph (a), and for the 2007-2008
4792006-2007 fiscal year only, the Governor may recommend the
480initiation of fixed capital outlay projects funded by grants
481awarded by the Federal Emergency Management Agency for FEMA
482Disaster Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-
483DR-FL, 1595-DR-FL, 1602-DR-FL, and EM3259-FL. All actions taken
484pursuant to the authority granted in this paragraph are subject
485to review and approval by the Legislative Budget Commission.
486This paragraph expires July 1, 2008 2007.
487     Section 18.  In order to implement Specific Appropriation
4882231 of the 2007-2008 General Appropriations Act, subsection (5)
489of section 339.135, Florida Statutes, is amended to read:
490     339.135  Work program; legislative budget request;
491definitions; preparation, adoption, execution, and amendment.--
492     (5)(a)  ADOPTION OF THE WORK PROGRAM.--The original
493approved budget for operational and fixed capital expenditures
494for the department shall be the Governor's budget recommendation
495and the first year of the tentative work program, as both are
496amended by the General Appropriations Act and any other act
497containing appropriations. In accordance with the appropriations
498act, the department shall, prior to the beginning of the fiscal
499year, adopt a final work program which shall only include the
500original approved budget for the department for the ensuing
501fiscal year together with any roll forwards approved pursuant to
502paragraph (6)(c) and the portion of the tentative work program
503for the following 4 fiscal years revised in accordance with the
504original approved budget for the department for the ensuing
505fiscal year together with said roll forwards. The adopted work
506program may include only those projects submitted as part of the
507tentative work program developed under the provisions of
508subsection (4) plus any projects which are separately identified
509by specific appropriation in the General Appropriations Act and
510any roll forwards approved pursuant to paragraph (6)(c).
511However, any transportation project of the department which is
512identified by specific appropriation in the General
513Appropriations Act shall be deducted from the funds annually
514distributed to the respective district pursuant to paragraph
515(4)(a). In addition, the department shall not in any year
516include any project or allocate funds to a program in the
517adopted work program that is contrary to existing law for that
518particular year. Projects shall not be undertaken unless they
519are listed in the adopted work program.
520     (b)  Notwithstanding paragraph (a), and for the 2007-2008
521fiscal year only, the Department of Transportation shall
522transfer funds to the Office of Tourism, Trade, and Economic
523Development in an amount equal to $14,500,000 for the purpose of
524funding economic development transportation projects. This
525transfer shall not reduce, delete, or defer any existing
526projects funded, as of July 1, 2007, in the Department of
527Transportation's 5-year work program. This paragraph expires
528July 1, 2008.
529     Section 19.  (1)  In order to implement Specific
530Appropriation 2188 of the 2007-2008 General Appropriations Act,
531there is created the Seaport Strategic Planning and Financing
532Task Force. The purpose of the task force is to develop a
533strategic plan for Florida's ports which will be used to guide
534future policy development and financial investments to enhance
535Florida's economic competitiveness with other states and
536internationally. The task force shall build on the Final Report
537prepared by the Department of Transportation dated July 2006,
538entitled "Evaluate Florida's 14 Deepwater Seaports' Economic
539Performance and the Return on Investment of State Funds"
540(contract number C8A91).
541     (a)  The task force shall be comprised of the following
542members:
543     1.  One seaport director, one seaport finance expert, and
544one representative from the business community to be appointed
545by the Speaker of the House of Representatives.
546     2.  One seaport director, one seaport finance expert, and
547one representative from the business community to the appointed
548by the President of the Senate.
549     3.  Four members appointed by the Governor, representing
550development and commerce and other pertinent business interests.
551     (b)  The seaport directors shall serve as co-chairs of the
552task force. Appointees shall be subject matter experts and
553include representation from the trucking, rail, and agricultural
554industries, as well as port development and commerce.
555     (c)  The Secretary of Transportation shall sit on the task
556force as a voting member.
557     (2)  The task force members shall serve without
558compensation. The task force shall be staffed by the Office of
559Program Policy Analysis and Government Accountability (OPPAGA).
560The Department of Transportation shall provide assistance to the
561task force as requested, including providing expert advice and
562funding assistance for OPPAGA to bring in national and
563international consultants as deemed appropriate and necessary to
564meet the intent of this section. The task force shall report its
565findings and recommendations, including any statutory
566amendments, to the Governor, the Speaker of the House of
567Representatives, and the President of the Senate no later than
568January 1, 2008.
569     (3)  This section expires July 1, 2008.
570     Section 20.  In order to implement Specific Appropriations
5711631 and 1633 of the 2007-2008 General Appropriations Act,
572subsection (5) of section 252.37, Florida Statutes, is amended
573to read:
574     252.37  Financing.--
575     (5)  Unless otherwise specified in the General
576Appropriations Act:
577     (a)  Whenever the state accepts financial assistance from
578the Federal Government or its agencies under the federal Public
579Assistance Program and such financial assistance is conditioned
580upon a requirement for matching funds, the state shall provide
581the entire match requirement for state agencies and one-half of
582the required match for grants to local governments. The affected
583local government shall be required to provide one-half of the
584required match prior to receipt of such financial assistance.
585     (b)1.  The Executive Office of the Governor may approve a
586waiver, subject to the requirement for legislative notice and
587review under s. 216.177, of all or a portion of the required
588match for public assistance projects for local governments if
589the Executive Office of the Governor determines that such a
590match requirement cannot be provided, or that doing so would
591impose a documented hardship on the local government, and if the
592local government applies for the waiver within the first 18
593months after the disaster is declared.
594     2.  Notwithstanding subparagraph 1., and for the 2007-2008
595fiscal year only, an extension is provided until August 1, 2007,
596of the deadline for local governments to apply for a waiver of
597local match for disaster funds related to Hurricanes Charley,
598Frances, Ivan, and Jeanne. The Executive Office of the Governor
599may approve a waiver, subject to the requirement for legislative
600notice, review, and objection under s. 216.177, of all or a
601portion of the required local match for public assistance
602projects for local governments if the Executive Office of the
603Governor determines that such a local match requirement cannot
604be provided, or that doing so would impose a documented hardship
605on the local government, and if the local government applies for
606the waiver by August 1, 2007. This subparagraph shall take
607effect upon becoming a law and expires July 1, 2008.
608     Section 21.  In order to implement specific appropriations
609for salaries and benefits in the 2007-2008 General
610Appropriations Act, subsection (4) of section 110.1245, Florida
611Statutes, is amended to read:
612     110.1245  Savings sharing program; bonus payments; other
613awards.--
614     (4)(a)  Each department head is authorized to incur
615expenditures to award suitable framed certificates, pins, or
616other tokens of recognition to state employees who demonstrate
617satisfactory service in the agency or to the state, in
618appreciation and recognition of such service. Such awards may
619not cost in excess of $100 each plus applicable taxes.
620     (b)  Notwithstanding paragraph (a), and for the 2007-2008
621fiscal year only, agencies may additionally use funds for cash
622awards to state employees who demonstrate satisfactory service
623in the agency or to the state, in appreciation and recognition
624of such service. Awards may not exceed $100 to any employee and
625shall be allocated from an agency's existing budget. An employee
626may not receive awards pursuant to this paragraph in excess of
627$100 total during the fiscal year. By March 1, 2008, agencies
628that elect to make cash awards shall report to the Governor and
629Cabinet, the President of the Senate, and the Speaker of the
630House of Representatives the dollar value and number of such
631awards given. If available, any additional information
632concerning employee satisfaction and feedback should be
633provided. This paragraph expires July 1, 2008.
634     Section 22.  In order to implement specific appropriations
635for salaries and benefits in the 2007-2008 General
636Appropriations Act, paragraph (a) of subsection (12) of section
637110.123, Florida Statutes, is amended to read:
638     110.123  State group insurance program.--
639     (12)  HEALTH SAVINGS ACCOUNTS.--The department is
640authorized to establish health savings accounts for full-time
641and part-time state employees in association with a health
642insurance plan option authorized by the Legislature and
643conforming to the requirements and limitations of federal
644provisions relating to the Medicare Prescription Drug,
645Improvement, and Modernization Act of 2003.
646     (a)1.  A member participating in this health insurance plan
647option shall be eligible to receive an employer contribution
648into the employee's health savings account from the State
649Employees Health Insurance Trust Fund in an amount to be
650determined by the Legislature. A member is not eligible for an
651employer contribution upon termination of employment. For the
6522007-2008 2006-2007 fiscal year, the state's monthly
653contribution for employees having individual coverage shall be
654$41.66 and the monthly contribution for employees having family
655coverage shall be $83.33.
656     2.  A member participating in this health insurance plan
657option shall be eligible to deposit the member's own funds into
658a health savings account.
659     Section 23.  (1)  In order to implement Specific
660Appropriations 1663A, 2867, 2868, and 2869A of the 2007-2008
661General Appropriations Act, there is created the Florida Local
662Update of Census Addresses (LUCA) Program for the purpose of
663improving the accuracy and completeness of Florida addresses
664contained in the United States Department of Commerce, Bureau of
665the Census, Master Address File for use in the 2010 Census. This
666program shall be administered by the Office of Economic and
667Demographic Research.
668     (2)  Of the designated funds for the Florida LUCA Program,
669up to $789,880 may be transferred to the Department of Community
670Affairs to be awarded as grants. These grants shall be referred
671to as the Florida LUCA Technical Assistance Grants and shall be
672awarded to Florida local governments in order to ensure that
673necessary resources are available for local governments to
674participate in the program, thereby encouraging 100 percent
675participation by Florida local governments in the Census
676Bureau's LUCA program.
677     (3)  The Census Bureau's LUCA program shall have three
678options for participation and Florida's LUCA grant program shall
679encourage, but not limit, local governments to Option 1: Full
680Address List Review. To this end, grants shall be available for
681at least four purposes: training-related travel, temporary
682staffing or overtime, contractual assistance from other
683governmental agencies, and technology used to facilitate the
684review. Award preference shall be given to consolidated requests
685from counties that include requests from the cities within their
686boundaries. By interagency agreement, the Office of Economic and
687Demographic Research may provide additional funds to the
688Department of Community Affairs for expenses such as travel,
689training, grants administration and management, and technical
690assistance related to the Florida LUCA program.
691     (4)  Notwithstanding any provision of law to the contrary
692and upon request, all Florida governmental agencies are required
693to share confidential lists of residential and institutional
694(group quarters) addresses with the Office of Economic and
695Demographic Research or its designated representatives solely
696for the purposes of this program. Otherwise, all standards of
697confidentiality shall be maintained. The Office of Economic and
698Demographic Research may provide local governments lists of
699addresses without identifying the names of owners or occupants
700and counts of addresses in order to assist with the local LUCA
701review process.
702     (5)  As necessary to accomplish the purposes of this
703program in a timely manner, the Department of Community Affairs
704may use expedited rulemaking authority in order to implement the
705grant program.
706     Section 24.  Any section of this act that implements more
707than one specific appropriation or more than one portion of
708specifically identified proviso language in the 2007-2008
709General Appropriations Act is void if all the specific
710appropriations or portions of specifically identified proviso
711language are vetoed.
712     Section 25.  If any other act passed in 2007 contains a
713provision that is substantively the same as a provision in this
714act, but that removes or is otherwise not subject to the future
715repeal applied to such provision by this act, the Legislature
716intends that the provision in the other act shall take
717precedence and shall continue to operate, notwithstanding the
718future repeal provided by this act.
719     Section 26.  If any provision of this act or its
720application to any person or circumstance is held invalid, the
721invalidity does not affect other provisions or applications of
722the act which can be given effect without the invalid provision
723or application, and to this end the provisions of this act are
724declared severable.
725     Section 27.  Except as otherwise expressly provided in this
726act, this act shall take effect July 1, 2007; or, if this act
727fails to become a law until after that date, it shall take
728effect upon becoming a law and shall operate retroactively to
729July 1, 2007.


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