Proposed Committee Substitute by the Committee on General

Government 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; amending s. 201.15,

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F.S.; providing for moneys in the Invasive Plant Control

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Trust Fund from the excise tax on documents to be used for

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Everglades restoration and for the Water Resource Action

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Plan; authorizing the transfer of moneys in the Invasive

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Plant Control Trust Fund to the Save Our Everglades Trust

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Fund and the Ecosystem Management and Restoration Trust

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Fund; reenacting s. 215.32, F.S., relating to the source

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and use of certain state trust funds in order to implement

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the transfer of moneys in the General Revenue Fund from

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trust funds in the 2008-2009 General Appropriations Act;

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authorizing the Executive Office of the Governor to

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transfer certain specified funds between departments for

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purposes of paying risk management insurance; providing

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for expiration of such authority; authorizing the

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Executive Office of the Governor to transfer certain

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specified funds between departments for purposes of paying

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for human resource management services; providing for

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expiration of such authority; amending s. 253.01, F.S.;

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providing for moneys in the Internal Improvement Trust

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Fund to be used for grants and aids to local governments

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for the drinking water facility construction state

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revolving loan program; providing for future expiration of

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such provision; amending s. 255.503, F.S.; delaying the

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expiration of provisions authorizing the Department of

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Management Services to sell, lease, or otherwise dispose

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of facilities within the Florida Facilities Pool and

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report to the Legislature, the Governor, and the Division

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of Bond Finance; reenacting s. 287.17(3)(a) and (6), F.S.;

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authorizing the use of state aircraft for commuting;

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providing for the future expiration of certain amendments

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to such provisions; requiring the Department of

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Environmental Protection to award funds to certain small

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counties for programs in liter prevention, recycling and

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solid waste programs, and the Innovation Grant Program;

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amending s. 570.20, F.S.; delaying the expiration of

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provisions authorizing moneys in the General Inspection

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Trust Fund to be appropriated for certain programs

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operated by the Department of Agriculture and Consumer

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Services; authorizing the Department of Financial Services

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to expend certain funds for salaries, other personnel

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services, and related expenses; 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 Specific Appropriations

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1654 and 1662 of the 2008-2009 General Appropriations Act,

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subsection (6) of section 201.15, Florida Statutes, as amended by

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section 43 of chapter 2007-73 and section 1 of chapter 2007-335,

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Laws of Florida, is amended to read:

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     201.15  Distribution of taxes collected.--All taxes

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collected under this chapter shall be distributed as follows and

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shall be subject to the service charge imposed in s. 215.20(1),

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except that such service charge shall not be levied against any

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portion of taxes pledged to debt service on bonds to the extent

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that the amount of the service charge is required to pay any

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amounts relating to the bonds:

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     (6)  The lesser of two and twenty-eight hundredths percent

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of the remaining taxes collected under this chapter or $34.1

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million in each fiscal year shall be paid into the State Treasury

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to the credit of the Invasive Plant Control Trust Fund to carry

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out the purposes set forth in ss. 369.22 and 369.252, Everglades

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restoration, and the Water Resource Action Plan, as provided in

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the General Appropriations Act.

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     Section 3. In order to implement Specific Appropriations

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1654, 1662, 1767, and 1773 of the 2008-2009 General

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Appropriations Act, moneys in the Invasive Plant Control Trust

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Fund are authorized to be transferred to the Save Our Everglades

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Trust Fund for Everglades restoration projects and to the

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Ecosystem Management and Restoration Trust Fund for the Water

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Restoration Action Plan, as provided in the General

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Appropriations Act. This section expires July 1, 2009.

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     Section 4.  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 5. In order to implement the appropriation of funds

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in Special Categories-Risk Management Insurance of the 2008-2009

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General Appropriations Act, and pursuant to the notice, review,

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and objection procedures of s. 216.177, Florida Statutes, the

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Executive Office of the Governor is authorized to transfer funds

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appropriated in the appropriation category "Special Categories-

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Risk Management Insurance" of the 2008-2009 General

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Appropriations Act between departments in order to align the

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budget authority granted with the premiums paid by each

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department for risk management insurance. This section expires

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July 1, 2009.

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     Section 6. In order to implement the appropriation of funds

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in Special Categories-Transfer to Department of Management

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Services-Human Resources Services Purchased Per Statewide

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Contract of the 2008-2009 General Appropriations Act, and

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pursuant to the notice, review, and objection procedures of s.

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216.177, Florida Statutes, the Executive Office of the Governor

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is authorized to transfer funds appropriated in the appropriation

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category "Special Categories-Transfer to Department of Management

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Services-Human Resources Services Purchased Per Statewide

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Contract" of the 2008-2009 General Appropriations Act between

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departments in order to align the budget authority granted with

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the assessments that must be paid by each agency to the

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Department of Management Services for human resource management

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services. This section expires July 1, 2009.

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     Section 7.  In order to implement Specific Appropriation

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1775 of the 2008-2009 General Appropriations Act, subsection (3)

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of section 253.01, Florida Statutes, is amended to read:

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     253.01  Internal Improvement Trust Fund established.--

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     (3)  In addition to the uses allowed in subsection (2) for

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the 2008-2009 2007-2008 fiscal year, moneys in the Internal

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Improvement Trust Fund are authorized to be transferred to the

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Ecosystem Management and Restoration Trust Fund for grants and

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aids to local governments for the drinking water facility

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construction state revolving loan program, water projects as

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provided in the General Appropriations Act. This subsection

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expires July 1, 2009 2008.

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     Section 8.  In order to implement Specific Appropriations

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2801 through 2814 of the 2008-2009 General Appropriations Act,

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subsection (7) of section 255.503, Florida Statutes, is amended

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to read:

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     255.503  Powers of the Department of Management

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Services.--The Department of Management Services shall have all

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the authority necessary to carry out and effectuate the purposes

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and provisions of this act, including, but not limited to, the

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authority to:

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     (7)(a)  Sell, lease, release, or otherwise dispose of

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facilities in the pool in accordance with applicable law.

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     (b)  No later than the date upon which the department

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recommends to the Division of State Lands of the Department of

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Environmental Protection the disposition of any facility within

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the Florida Facilities Pool, the department shall provide to the

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President of the Senate, the Speaker of the House of

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Representatives, the Executive Office of the Governor, and the

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Division of Bond Finance of the State Board of Administration an

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analysis that includes:

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     1.  The cost benefit of the proposed facility disposition,

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including the facility's current operating expenses, condition,

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and market value, and viable alternatives for work space for

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impacted state employees.

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     2.  The effect of the proposed facility disposition on the

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financial status of the Florida Facilities Pool, including the

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effect on rental rates and coverage requirement for the bonds.

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This paragraph expires July 1, 2009 2008.

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     Section 9.  In order to implement Specific Appropriations

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2826 through 2835 of the 2008-2009 General Appropriations Act,

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paragraph (a) of subsection (3) and subsection (6) of section

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287.17, Florida Statutes, are reenacted to read:

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     287.17  Limitation on use of motor vehicles and aircraft.--

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     (3)(a)  The term "official state business" may not be

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construed to permit the use of a motor vehicle for commuting

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purposes, unless special assignment of a motor vehicle is

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authorized as a perquisite by the Department of Management

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Services, required by an employee after normal duty hours to

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perform duties of the position to which assigned, or authorized

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for an employee whose home is the official base of operation.

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     (6)  It is the intention of the Legislature that persons

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traveling on state aircraft for purposes consistent with, but not

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necessarily constituting, official state business may travel only

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when accompanying persons who are traveling on official state

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business and that such persons shall pay the state for all costs

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associated with such travel. Notwithstanding paragraph (3)(a), a

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person traveling on state aircraft for purposes other than

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official state business shall pay for any trip not exclusively

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for state business by paying a prorated share of all fixed and

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variable expenses related to the ownership, operation, and use of

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such aircraft.

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     Section 10. The amendment of s. 287.17, Florida Statutes,

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as carried forward by this act from chapters 2005-71, 2006-26,

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and 2007-73, Laws of Florida, shall expire July 1, 2009, and the

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text of that section shall revert to that in existence on June

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30, 2005, except that any amendments to such text enacted other

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than by chapters 2005-71, 2006-26, and 2007-73, Laws of Florida,

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shall be preserved and continue to operate to the extent that

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such amendments are not dependent upon the portions of such text

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which expire pursuant to this section.

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     Section 11. Notwithstanding s. 403.7095, Florida Statutes,

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in order to implement Specific Appropriation 1819 of the 2008-

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2009 General Appropriations Act, the Department of Environmental

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Protection shall award:

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     (1) The sum of $9,428,773 in grants equally to counties

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having populations of fewer than 100,000 for waste tire and

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litter prevention, recycling education, and general solid waste

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programs.

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     (2) The sum of $4,944,281 to be used for the Innovative

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Grant Program.

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This section expires July 1, 2009.

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     Section 12.  In order to implement Specific Appropriation

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1336 through 1496 of the 2008-2009 General Appropriations Act,

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section 570.20, Florida Statutes, is amended to read:

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     570.20  General Inspection Trust Fund.--

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     (1)  All donations and all inspection fees and other funds

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authorized and received from whatever source in the enforcement

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of the inspection laws administered by the department shall be

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paid into the General Inspection Trust Fund of Florida, which is

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created in the office of the Chief Financial Officer. All

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expenses incurred in carrying out the provisions of the

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inspection laws shall be paid from this fund as other funds are

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paid from the State Treasury. A percentage of all revenue

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deposited in this fund, including transfers from any subsidiary

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accounts, shall be deposited in the General Revenue Fund pursuant

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to chapter 215, except that funds collected for marketing orders

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shall pay at the rate of 3 percent.

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     (2) For the 2008-2009 2007-2008 fiscal year only and

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notwithstanding any other provision of law to the contrary, in

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addition to the spending authorized in subsection (1), moneys in

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the General Inspection Trust Fund may be appropriated for

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programs operated by the department which are related to the

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programs authorized by this chapter. This subsection expires July

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1, 2009 2008.

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     Section 13. In order to implement Specific Appropriations

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2536, 2537, 2538, 2539, and 2542 of the 2008-2009 General

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Appropriations Act, for the 2008-2009 fiscal year only and

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notwithstanding any conflicting requirements of section 4 of

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chapter 2006-12, Laws of Florida, the Department of Financial

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Services may expend $998,820 of the funds appropriated by section

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4 of chapter 2006-12, Laws of Florida, for salaries, other

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personnel services, and related expenses.

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     Section 14. 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 15. 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 16. 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 17.  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.