Proposed Committee Substitute by the Committee on Criminal and

Civil Justice Appropriations

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A bill to be entitled

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An act implementing the 2008-2009 General Appropriations

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Act; providing legislative intent; reenacting s.

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215.32(2)(b), F.S., relating to the source and use of

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certain trust funds in order to implement the transfer of

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moneys to the General Revenue Fund from trust funds in the

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2008-2009 General Appropriations Act; authorizing the

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Department of Corrections and the Department of Juvenile

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Justice to expend funds to defray the cost of impacts

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incurred by a municipality or county which are associated

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with a facility operated by each respective department;

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providing for future expiration of such authorization;

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amending s. 216.262, F.S.; extending the expiration date

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of provisions authorizing additional positions to operate

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added prison bed capacity; authorizing the Department of

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Legal Affairs to expend funds for certain programs

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pursuant to specific appropriations; amending s. 932.7055,

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F.S.; extending the expiration date of provisions

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authorizing the expenditure of funds in a special law

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enforcement trust fund established by the governing body

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of a municipality; reenacting s. 985.686(3), F.S.,

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providing for the payment of costs of providing detention

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care for juveniles; providing for the future expiration of

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certain amendments to such provisions; specifying certain

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limitations on reimbursements to a health care provider or

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hospital by the Department of Corrections; providing an

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exception for hospitals that reported a negative operating

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margin for the prior year; requiring that contract rates

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of the Department of Corrections be based on a percentage

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of the Medicare allowable rate; providing for the effect

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of a veto of one or more specific appropriations or

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proviso provisions to which implementing language refers;

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providing for the continued operation of certain

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provisions notwithstanding a future repeal or expiration

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provided by the act; providing for severability; providing

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for contingent retroactive application; providing

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effective dates.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. It is the intent of the Legislature that the

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implementing and administering provisions of this act apply to

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the act making appropriations for the 2008-2009 fiscal year.

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     Section 2.  In order to implement the transfer of moneys to

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the General Revenue Fund from trust funds in the 2008-2009

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General Appropriations Act, paragraph (b) of subsection (2) of

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section 215.32, Florida Statutes, is reenacted to read:

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     215.32  State funds; segregation.--

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     (2)  The source and use of each of these funds shall be as

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follows:

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     (b)1.  The trust funds shall consist of moneys received by

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the state which under law or under trust agreement are segregated

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for a purpose authorized by law. The state agency or branch of

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state government receiving or collecting such moneys shall be

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responsible for their proper expenditure as provided by law. Upon

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the request of the state agency or branch of state government

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responsible for the administration of the trust fund, the Chief

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Financial Officer may establish accounts within the trust fund at

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a level considered necessary for proper accountability. Once an

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account is established within a trust fund, the Chief Financial

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Officer may authorize payment from that account only upon

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determining that there is sufficient cash and releases at the

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level of the account.

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     2.  In addition to other trust funds created by law, to the

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extent possible, each agency shall use the following trust funds

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as described in this subparagraph for day-to-day operations:

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     a.  Operations or operating trust fund, for use as a

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depository for funds to be used for program operations funded by

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program revenues, with the exception of administrative activities

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when the operations or operating trust fund is a proprietary

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fund.

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     b.  Operations and maintenance trust fund, for use as a

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depository for client services funded by third-party payors.

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     c.  Administrative trust fund, for use as a depository for

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funds to be used for management activities that are departmental

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in nature and funded by indirect cost earnings and assessments

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against trust funds. Proprietary funds are excluded from the

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requirement of using an administrative trust fund.

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     d.  Grants and donations trust fund, for use as a depository

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for funds to be used for allowable grant or donor agreement

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activities funded by restricted contractual revenue from private

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and public nonfederal sources.

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     e.  Agency working capital trust fund, for use as a

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depository for funds to be used pursuant to s. 216.272.

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     f.  Clearing funds trust fund, for use as a depository for

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funds to account for collections pending distribution to lawful

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recipients.

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     g.  Federal grant trust fund, for use as a depository for

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funds to be used for allowable grant activities funded by

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restricted program revenues from federal sources.

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To the extent possible, each agency must adjust its internal

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accounting to use existing trust funds consistent with the

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requirements of this subparagraph. If an agency does not have

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trust funds listed in this subparagraph and cannot make such

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adjustment, the agency must recommend the creation of the

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necessary trust funds to the Legislature no later than the next

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scheduled review of the agency's trust funds pursuant to s.

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215.3206.

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     3.  All such moneys are hereby appropriated to be expended

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in accordance with the law or trust agreement under which they

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were received, subject always to the provisions of chapter 216

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relating to the appropriation of funds and to the applicable laws

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relating to the deposit or expenditure of moneys in the State

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Treasury.

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     4.a.  Notwithstanding any provision of law restricting the

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use of trust funds to specific purposes, unappropriated cash

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balances from selected trust funds may be authorized by the

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Legislature for transfer to the Budget Stabilization Fund and

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General Revenue Fund in the General Appropriations Act.

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     b.  This subparagraph does not apply to trust funds required

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by federal programs or mandates; trust funds established for bond

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covenants, indentures, or resolutions whose revenues are legally

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pledged by the state or public body to meet debt service or other

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financial requirements of any debt obligations of the state or

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any public body; the State Transportation Trust Fund; the trust

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fund containing the net annual proceeds from the Florida

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Education Lotteries; the Florida Retirement System Trust Fund;

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trust funds under the management of the State Board of Education

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or the Board of Governors of the State University System, where

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such trust funds are for auxiliary enterprises, self-insurance,

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and contracts, grants, and donations, as those terms are defined

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by general law; trust funds that serve as clearing funds or

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accounts for the Chief Financial Officer or state agencies; trust

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funds that account for assets held by the state in a trustee

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capacity as an agent or fiduciary for individuals, private

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organizations, or other governmental units; and other trust funds

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authorized by the State Constitution.

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     Section 3. In order to fulfill legislative intent regarding

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the use of funds contained in Specific Appropriations 721M, 721Z,

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721AK, and 1146 of the 2008-2009 General Appropriations Act, the

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Department of Corrections and the Department of Juvenile Justice

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may expend appropriated funds to assist in defraying the costs of

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impacts that are incurred by a municipality or county and

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associated with opening or operating a facility under the

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authority of the respective department which is located within

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that municipality or county. The amount that is to be paid under

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this section for any facility may not exceed 1 percent of the

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facility construction cost, less building impact fees imposed by

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the municipality or by the county if the facility is located in

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the unincorporated portion of the county. This section expires

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July 1, 2009.

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     Section 4.  In order to implement Specific Appropriations

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708 through 766 and 780 through 806 of the 2008-2009 General

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Appropriations Act, subsection (4) of section 216.262, Florida

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Statutes, is amended to read:

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     216.262  Authorized positions.--

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     (4)  Notwithstanding the provisions of this chapter on

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increasing the number of authorized positions, and for the 2008-

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2009 2007-2008 fiscal year only, if the average daily actual

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inmate population of the Department of Corrections exceeds the

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inmate population projections of the February 15, 2008 16, 2007,

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Criminal Justice Estimating Conference by 1 percent for 2

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consecutive months or 2 percent for any month, the Executive

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Office of the Governor, with the approval of the Legislative

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Budget Commission, shall immediately notify the Criminal Justice

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Estimating Conference, which shall convene as soon as possible to

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revise the estimates. The Department of Corrections may then

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submit a budget amendment requesting the establishment of

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positions in excess of the number authorized by the Legislature

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and additional appropriations from unallocated general revenue

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sufficient to provide for essential staff, fixed capital

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improvements, and other resources to provide classification,

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security, food services, health services, and other variable

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expenses within the institutions to accommodate the estimated

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increase in the inmate population. All actions taken pursuant to

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the authority granted in this subsection shall be subject to

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review and approval by the Legislative Budget Commission. This

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subsection expires July 1, 2009 2008.

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     Section 5. In order to implement Specific Appropriations

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1301 and 1302 of the 2008-2009 General Appropriations Act, the

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Department of Legal Affairs is authorized to expend appropriated

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funds in Specific Appropriations 1301 and 1302 on the same

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programs that were funded by the department pursuant to specific

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appropriations made in general appropriations acts in prior

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years.

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     Section 6.  In order to implement Specific Appropriation

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1210 of the 2008-2009 General Appropriations Act, subsection (4)

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of section 932.7055, Florida Statutes, is amended to read:

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     932.7055  Disposition of liens and forfeited property.--

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     (4)  The proceeds from the sale of forfeited property shall

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be disbursed in the following priority:

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     (a)  Payment of the balance due on any lien preserved by the

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court in the forfeiture proceedings.

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     (b)  Payment of the cost incurred by the seizing agency in

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connection with the storage, maintenance, security, and

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forfeiture of such property.

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     (c)  Payment of court costs incurred in the forfeiture

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proceeding.

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     (d)  Notwithstanding any other provision of this subsection,

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and for the 2008-2009 2007-2008 fiscal year only, the funds in a

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special law enforcement trust fund established by the governing

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body of a municipality may be expended to reimburse the general

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fund of the municipality for moneys advanced from the general

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fund to the special law enforcement trust fund prior to October

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1, 2001. This paragraph expires July 1, 2009 2008.

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     Section 7.  In order to implement Specific Appropriation

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1080 of the 2008-2009 General Appropriations Act, subsection (3)

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of section 985.686, Florida Statutes, is reenacted to read:

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     985.686  Shared county and state responsibility for juvenile

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detention.--

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     (3)  Each county shall pay the costs of providing detention

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care, exclusive of the costs of any preadjudicatory nonmedical

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educational or therapeutic services and $2.5 million provided for

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additional medical and mental health care at the detention

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centers, for juveniles for the period of time prior to final

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court disposition. The department shall develop an accounts

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payable system to allocate costs that are payable by the

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counties.

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     Section 8. The amendment to s. 985.686(3), Florida

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Statutes, as carried forward by this act from chapter 2007-73,

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Laws of Florida, shall expire July 1, 2009, and the text of that

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subsection shall revert to that in existence on June 30, 2008,

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except that any amendments to such text enacted other than by

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this act shall be preserved and continue to operate to the extent

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that such amendments are not dependent upon the portions of such

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text which expire pursuant to this section.

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     Section 9. In order to implement Specific Appropriation 786

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of the 2008-2009 General Appropriations Act, the Department of

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Corrections shall comply with the following reimbursement

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limitations:

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     (1) If no contract exists between the Department of

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Corrections and the health care provider or hospital regarding

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services, payments may not exceed 110 percent of the Medicare

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allowable rate.

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     (2) If a contract has been executed between the Department

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of Corrections and the health care provider or hospital, payments

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shall continue at the currently contracted rates through the

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current term of the contract; however, if the contract expires or

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is subject to renewal during the 2007-2008 fiscal year, the

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payments may not exceed 110 percent of Medicare allowable rate.

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     (3) If the Department of Corrections enters into a new

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contract with a health care provider or hospital, the payments

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may not exceed 110 percent of the Medicare allowable rate.

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     (4) Notwithstanding the limitations of subsections (1),

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(2), and (3) to the contrary, the Department of Corrections may

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pay up to 125 percent of the Medicare allowable rate for

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hospitals that reported to the Agency for Health Care

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Administration, through hospital audited financial data, a

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negative operating margin for the previous year.

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The Department of Corrections may not negotiate contracts for

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medical services for rates other than rates based on a percentage

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of the Medicare allowable rate.

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     Section 10. Any section of this act which implements a

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specific appropriation or specifically identified proviso

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language in the act making appropriations for the 2008-2009

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fiscal year is void if the specific appropriation or specifically

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identified proviso language is vetoed. Any section of this act

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which implements more than one specific appropriation or more

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than one portion of specifically identified proviso language in

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the act making appropriations for the 2008-2009 fiscal year is

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void if all the specific appropriations or portions of

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specifically identified proviso language are vetoed.

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     Section 11. If any other act passed in 2008 contains a

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provision that is substantively the same as a provision in this

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act, but that removes or is otherwise not subject to the future

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repeal applied to such provision by this act, the Legislature

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intends that the provision in the other act shall take precedence

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and shall continue to operate, notwithstanding the future repeal

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provided by this act.

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     Section 12. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 13.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008; or, if this act

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fails to become law until after that date, it shall take effect

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upon becoming a law and shall operate retroactively to July 1,

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2008.