Florida Senate - 2008 SB 2902

By the Committee on Fiscal Policy and Calendar Committee

576-06594-08 20082902__

A bill to be entitled

An act implementing the 2008-2009 General Appropriations

Act; providing legislative intent; incorporating by

reference certain calculations of the Florida Education

Finance Program for the 2008-2009 fiscal year; providing

for allocating funds for alcohol, drug abuse, and mental

health services to areas of the state having the greatest

demand for services and treatment capacity and as

specified in the General Appropriations Act; requiring the

Department of Children and Family Services to ensure

information is entered into the Florida Safe Families

Network; requiring coordination between the department and

the Office of the State Courts Administrator and the

Statewide Guardian Ad Litem Office to provide information

relating to child welfare cases; requiring a report to the

Governor and Legislature; providing for future expiration

of such provisions; authorizing the Department of

Corrections and the Department of Juvenile Justice to

expend funds to defray the cost of impacts incurred by a

municipality or county which are associated with a

facility operated by each respective department; providing

for future expiration of such authorization; amending s.

216.262, F.S.; extending the expiration date of provisions

authorizing additional positions to operate added prison

bed capacity; authorizing the Department of Legal Affairs

to expend funds for certain programs pursuant to specific

appropriations; amending s. 932.7055, F.S.; extending the

expiration date of provisions authorizing the expenditure

of funds in a special law enforcement trust fund

established by the governing body of a municipality;

reenacting s. 985.686(3), F.S., providing for the payment

of costs of providing detention care for juveniles;

providing for the future expiration of certain amendments

to such provisions; specifying certain limitations on

reimbursements to a health care provider or hospital by

the Department of Corrections; providing an exception for

hospitals that reported a negative operating margin for

the prior year; requiring that contract rates of the

Department of Corrections be based on a percentage of the

Medicare allowable rate; amending s. 201.15, F.S.;

providing for moneys in the Invasive Plant Control Trust

Fund from the excise tax on documents to be used for

Everglades restoration and for the Water Resource Action

Plan; authorizing the transfer of moneys in the Invasive

Plant Control Trust Fund to the Save Our Everglades Trust

Fund and the Ecosystem Management and Restoration Trust

Fund; authorizing the Executive Office of the Governor to

transfer certain specified funds between departments for

purposes of paying risk management insurance; providing

for expiration of such authority; authorizing the

Executive Office of the Governor to transfer certain

specified funds between departments for purposes of paying

for human resource management services; providing for

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

providing for moneys in the Internal Improvement Trust

Fund to be used for grants and aids to local governments

for the drinking water facility construction state

revolving loan program; providing for future expiration of

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

expiration of provisions authorizing the Department of

Management Services to sell, lease, or otherwise dispose

of facilities within the Florida Facilities Pool and

report to the Legislature, the Governor, and the Division

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

authorizing the use of state aircraft for commuting;

providing for the future expiration of certain amendments

to such provisions; requiring the Department of

Environmental Protection to award funds to certain small

counties for programs in liter prevention, recycling and

solid waste programs, and the Innovation Grant Program;

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

provisions authorizing moneys in the General Inspection

Trust Fund to be appropriated for certain programs

operated by the Department of Agriculture and Consumer

Services; authorizing the Department of Financial Services

to expend certain funds for salaries, other personnel

services, and related expenses; amending s. 253.034, F.S.;

delaying the expiration of provisions authorizing the

deposit of funds from the sale of property located in Palm

Beach County into the Highway Safety Operating Trust Fund

by the Department of Highway Safety and Motor Vehicles;

amending s. 320.08058, F.S.; delaying the expiration of

provisions authorizing proceeds from the Professional

Sports Development Trust Fund to be used for operational

expenses of the Florida Sports Foundation and financial

support of the Sunshine State Games; amending s. 339.135,

F.S.; delaying the expiration of provisions requiring the

Department of Transportation to transfer funds to the

Office of Tourism, Trade, and Economic Development for the

purpose of funding economic development transportation

projects; amending s. 553.721, F.S.; providing for the

proceeds from the surcharge collected by the Department of

Community Affairs on building additions and renovations to

be used to fund regional planning councils, civil legal

assistance, and the Front Porch Florida Initiative;

providing for the authorization and issuance of new debt;

reenacting s. 215.32(2)(b), F.S., relating to the source

and use of certain trust funds in order to implement the

transfer of moneys in the General Revenue Fund from trust

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funds in the 2008-2009 General Appropriations Act;

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providing for the effect of a veto of one or more specific

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appropriations or proviso provisions to which implementing

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language refers; providing for the continued operation of

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certain provisions notwithstanding a future repeal or

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expiration provided by the act; providing for

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severability; providing for contingent retroactive

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application; providing 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.

114

Section 2. In order to implement Specific Appropriations 6,

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7, and 81 through 83 of the 2008-2009 General Appropriations Act,

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the calculations of the Florida Education Finance Program for the

117

2008-2009 fiscal year in the document entitled "Public School

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Funding - The Florida Education Finance Program" dated April 3,

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2008, and filed with the Secretary of the Senate are incorporated

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by reference for the purposes of displaying the calculations used

121

by the Legislature, consistent with the requirements of the

122

Florida Statutes, in making appropriations for the Florida

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Education Finance Program.

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Section 3. In order to implement Specific Appropriation 464

125

of the 2008-2009 General Appropriations Act, and notwithstanding

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s. 394.908(3)(a) and (b), Florida Statutes, $92,566,551 from the

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General Revenue Fund and $13,295,722 from trust funds

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appropriated in Specific Appropriation 464 shall be allocated to

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the areas of the state having the greatest demand for services

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and treatment capacity. This section expires July 1, 2009.

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Section 4. In order to implement Specific Appropriation 397

132

of the 2008-2009 General Appropriations Act, and notwithstanding

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s. 394.908(3)(a) and (b), Florida Statutes, $29,619,045 from the

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trust funds appropriated in Specific Appropriation 397 shall be

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allocated as specified in the General Appropriations Act.

136

Section 5. In order to implement Specific Appropriations

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302 and 314 of the 2008-2009 General Appropriations Act, the

138

Department of Children and Family Services shall ensure that all

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public and private agencies and institutions participating in

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child welfare cases enter information specified by rule of the

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department into the Florida Safe Families Network in order to

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maintain the accuracy and usefulness of the system. The Florida

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Safe Families Network is intended to be the department's

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automated child welfare case-management system designed to

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provide child welfare workers with a mechanism for managing child

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welfare cases more efficiently and tracking children and families

147

more effectively. The department shall coordinate with the Office

148

of the State Courts Administrator and the Statewide Guardian Ad

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Litem Office for the purpose of providing any judge or magistrate

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and any guardian ad litem assigned to a dependency court case

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with access to information in the Florida Safe Families Network

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relating to a child welfare case which is required to be filed

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with the court pursuant to chapter 39, Florida Statutes, by the

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date of the network's release during the 2008-2009 fiscal year.

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The department shall report to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives by

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February 1, 2009, with respect to progress on providing access to

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the Florida Safe Families Network as provided in this section.

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This section expires July 1, 2009.

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Section 6. 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

167

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 7. 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

177

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

200

subsection expires July 1, 2009 2008.

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Section 8. 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 9. 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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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 10. 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 11. 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

244

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

246

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

248

text which expire pursuant to this section.

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Section 12. In order to implement Specific Appropriation

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

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of 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

255

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 13. 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 14. 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 15. In order to implement the appropriation of

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funds in Special Categories-Risk Management Insurance of the

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2008-2009 General Appropriations Act, and pursuant to the notice,

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

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the Executive Office of the Governor is authorized to transfer

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funds appropriated in the appropriation category "Special

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Categories-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 16. In order to implement the appropriation of

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funds in Special Categories-Transfer to Department of Management

316

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

320

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 17. 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

335

Ecosystem Management and Restoration Trust Fund for grants and

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aids to local governments for the drinking water facility

337

construction state revolving loan program, water projects as

338

provided in the General Appropriations Act. This subsection

339

expires July 1, 2009 2008.

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Section 18. 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

343

to read:

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255.503 Powers of the Department of Management

345

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

346

the authority necessary to carry out and effectuate the purposes

347

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

356

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 19. In order to implement Specific Appropriations

369

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

374

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

377

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

382

necessarily constituting, official state business may travel only

383

when accompanying persons who are traveling on official state

384

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

388

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

389

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

390

such aircraft.

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Section 20. The amendment of s. 287.17, Florida Statutes,

392

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

393

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

394

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

395

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

396

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

397

shall be preserved and continue to operate to the extent that

398

such amendments are not dependent upon the portions of such text

399

which expire pursuant to this section.

400

Section 21. Notwithstanding s. 403.7095, Florida Statutes,

401

in order to implement Specific Appropriation 1819 of the 2008-

402

2009 General Appropriations Act, the Department of Environmental

403

Protection shall award:

404

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

405

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

406

litter prevention, recycling education, and general solid waste

407

programs.

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

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Grant Program.

410

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This section expires July 1, 2009.

412

Section 22. In order to implement Specific Appropriation

413

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

414

section 570.20, Florida Statutes, is amended to read:

415

570.20 General Inspection Trust Fund.--

416

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

417

authorized and received from whatever source in the enforcement

418

of the inspection laws administered by the department shall be

419

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

420

created in the office of the Chief Financial Officer. All

421

expenses incurred in carrying out the provisions of the

422

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

423

paid from the State Treasury. A percentage of all revenue

424

deposited in this fund, including transfers from any subsidiary

425

accounts, shall be deposited in the General Revenue Fund pursuant

426

to chapter 215, except that funds collected for marketing orders

427

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

430

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

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the General Inspection Trust Fund may be appropriated for

432

programs operated by the department which are related to the

433

programs authorized by this chapter. This subsection expires July

434

1, 2009 2008.

435

Section 23. In order to implement Specific Appropriations

436

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

437

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

438

notwithstanding any conflicting requirements of section 4 of

439

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

440

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

441

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

442

personnel services, and related expenses.

443

Section 24. In order to implement Section 61 of the 2008-

444

2009 General Appropriations Act, subsection (13) of section

445

253.034, Florida Statutes, is amended to read:

446

253.034 State-owned lands; uses.--

447

(13) Notwithstanding the provisions of this section, funds

448

from the sale of property by the Department of Highway Safety and

449

Motor Vehicles located in Palm Beach County are authorized to be

450

deposited into the Highway Safety Operating Trust Fund to

451

facilitate the exchange as provided in the General Appropriations

452

Act, provided that at the conclusion of both exchanges the values

453

are equalized. This subsection expires July 1, 2009 2008.

454

Section 25. In order to implement Specific Appropriation

455

2638 of the 2008-2009 General Appropriations Act, paragraph (b)

456

of subsection (9) of section 320.08058, Florida Statutes, is

457

amended to read:

458

320.08058 Specialty license plates.--

459

(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

460

(b) The license plate annual use fees are to be annually

461

distributed as follows:

462

1. Fifty-five percent of the proceeds from the Florida

463

Professional Sports Team plate must be deposited into the

464

Professional Sports Development Trust Fund within the Office of

465

Tourism, Trade, and Economic Development. These funds must be

466

used solely to attract and support major sports events in this

467

state. As used in this subparagraph, the term "major sports

468

events" means, but is not limited to, championship or all-star

469

contests of Major League Baseball, the National Basketball

470

Association, the National Football League, the National Hockey

471

League, the men's and women's National Collegiate Athletic

472

Association Final Four basketball championship, or a horseracing

473

or dogracing Breeders' Cup. All funds must be used to support and

474

promote major sporting events, and the uses must be approved by

475

the Florida Sports Foundation.

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2. The remaining proceeds of the Florida Professional

477

Sports Team license plate must be allocated to the Florida Sports

478

Foundation, a direct-support organization of the Office of

479

Tourism, Trade, and Economic Development. These funds must be

480

deposited into the Professional Sports Development Trust Fund

481

within the Office of Tourism, Trade, and Economic Development.

482

These funds must be used by the Florida Sports Foundation to

483

promote the economic development of the sports industry; to

484

distribute licensing and royalty fees to participating

485

professional sports teams; to promote education programs in

486

Florida schools that provide an awareness of the benefits of

487

physical activity and nutrition standards; to partner with the

488

Department of Education and the Department of Health to develop a

489

program that recognizes schools whose students demonstrate

490

excellent physical fitness or fitness improvement; to institute a

491

grant program for communities bidding on minor sporting events

492

that create an economic impact for the state; to distribute funds

493

to Florida-based charities designated by the Florida Sports

494

Foundation and the participating professional sports teams; and

495

to fulfill the sports promotion responsibilities of the Office of

496

Tourism, Trade, and Economic Development.

497

3. The Florida Sports Foundation shall provide an annual

498

financial audit in accordance with s. 215.981 of its financial

499

accounts and records by an independent certified public

500

accountant pursuant to the contract established by the Office of

501

Tourism, Trade, and Economic Development as specified in s.

502

288.1229(5). The auditor shall submit the audit report to the

503

Office of Tourism, Trade, and Economic Development for review and

504

approval. If the audit report is approved, the office shall

505

certify the audit report to the Auditor General for review.

506

4. For the 2008-2009 2007-2008 fiscal year only and

507

notwithstanding the provisions of subparagraphs 1. and 2.,

508

proceeds from the Professional Sports Development Trust Fund may

509

also be used for operational expenses of the Florida Sports

510

Foundation and financial support of the Sunshine State Games.

511

This subparagraph expires July 1, 2009 2008.

512

Section 26. In order to implement Specific Appropriation

513

2115 of the 2008-2009 General Appropriations Act, subsection (5)

514

of section 339.135, Florida Statutes, is amended to read:

515

339.135 Work program; legislative budget request;

516

definitions; preparation, adoption, execution, and amendment.--

517

(5)(a) ADOPTION OF THE WORK PROGRAM.--The original approved

518

budget for operational and fixed capital expenditures for the

519

department shall be the Governor's budget recommendation and the

520

first year of the tentative work program, as both are amended by

521

the General Appropriations Act and any other act containing

522

appropriations. In accordance with the appropriations act, the

523

department shall, prior to the beginning of the fiscal year,

524

adopt a final work program which shall only include the original

525

approved budget for the department for the ensuing fiscal year

526

together with any roll forwards approved pursuant to paragraph

527

(6)(c) and the portion of the tentative work program for the

528

following 4 fiscal years revised in accordance with the original

529

approved budget for the department for the ensuing fiscal year

530

together with said roll forwards. The adopted work program may

531

include only those projects submitted as part of the tentative

532

work program developed under the provisions of subsection (4)

533

plus any projects which are separately identified by specific

534

appropriation in the General Appropriations Act and any roll

535

forwards approved pursuant to paragraph (6)(c). However, any

536

transportation project of the department which is identified by

537

specific appropriation in the General Appropriations Act shall be

538

deducted from the funds annually distributed to the respective

539

district pursuant to paragraph (4)(a). In addition, the

540

department shall not in any year include any project or allocate

541

funds to a program in the adopted work program that is contrary

542

to existing law for that particular year. Projects shall not be

543

undertaken unless they are listed in the adopted work program.

544

(b) Notwithstanding paragraph (a), and for the 2008-2009

545

2007-2008 fiscal year only, the Department of Transportation

546

shall transfer funds to the Office of Tourism, Trade, and

547

Economic Development in an amount equal to $60 million

548

$25,400,000 for the purpose of funding economic development

549

transportation projects. This transfer shall not reduce, delete,

550

or defer any existing projects funded, as of July 1, 2008 2007,

551

in the Department of Transportation's 5-year work program. This

552

paragraph expires July 1, 2009 2008.

553

554

fiscal year only, the Department of Transportation shall provide

555

funds for the Seaport Strategic Planning and Financing Task Force

556

in an amount not to exceed $75,000; the preliminary engineering

557

and environmental plans and activities for the construction of an

558

interchange on Suncoast Parkway and Lutz Fern Road in an amount

559

not to exceed $975,000; the Rehabilitation of Local Bridges in an

560

amount not to exceed $300,000; and the East Winterberry Bridge

561

Replacement in an amount not to exceed $500,000. To fund these

562

specific appropriations, the Department of Transportation shall

563

not reduce, delete, or defer any existing projects funded as of

564

July 1, 2007, in the 5-year work program. This paragraph expires

565

July 1, 2008.

566

Section 27. In order to implement Specific Appropriations

567

1511, 1586, and 1606A and section 63 of the 2008-2009 General

568

Appropriations Act, section 553.721, Florida Statutes, is amended

569

to read:

570

553.721 Surcharge.--

571

(1) In order for the Department of Community Affairs to

572

administer and carry out the purposes of this part and related

573

activities, there is hereby created a surcharge, to be assessed

574

at the rate of one-half cent per square foot under-roof floor

575

space permitted pursuant to s. 125.56(4) or s. 166.201. However,

576

for additions, alterations, or renovations to existing buildings,

577

the surcharge shall be computed on the basis of the square

578

footage being added, altered, or renovated. The unit of

579

government responsible for collecting a permit fee pursuant to s.

580

125.56(4) or s. 166.201 shall collect such surcharge and remit

581

the funds collected to the department on a quarterly calendar

582

basis, and such unit of government may retain an amount up to 5

583

percent of the surcharge collected to cover costs associated with

584

the collection and remittance of such surcharge. All funds

585

remitted to the department pursuant to this subsection shall be

586

deposited in the Operating Trust Fund. Funds collected from such

587

surcharge shall not be used to fund research on techniques for

588

mitigation of radon in existing buildings. Funds used by the

589

department as well as funds to be transferred to the Department

590

of Health shall be as prescribed in the annual General

591

Appropriations Act. The department shall adopt rules governing

592

the collection and remittance of surcharges in accordance with

593

chapter 120.

594

(2) Notwithstanding subsection (1), and for the 2008-2009

595

fiscal year only, the amount transferred from the Operating Trust

596

Fund to the Grants and Donations Trust Fund of the Department of

597

Community Affairs pursuant to the General Appropriations Act for

598

the 2008-2009 fiscal year shall be used for the regional planning

599

councils, civil legal assistance, and the Front Porch Florida

600

Initiative.

601

Section 28. In order to implement the issuance of new debt

602

authorized in the 2008-2009 General Appropriations Act, and

603

pursuant to the requirements of s. 215.98, Florida Statutes, the

604

Legislature determines that the authorization and issuance of

605

debt for the 2008-2009 fiscal year is in the best interest of the

606

state and should be implemented.

607

Section 29. In order to implement the transfer of moneys to

608

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

609

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

610

section 215.32, Florida Statutes, is reenacted to read:

611

215.32 State funds; segregation.--

612

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

613

follows:

614

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

615

the state which under law or under trust agreement are segregated

616

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

617

state government receiving or collecting such moneys shall be

618

responsible for their proper expenditure as provided by law. Upon

619

the request of the state agency or branch of state government

620

responsible for the administration of the trust fund, the Chief

621

Financial Officer may establish accounts within the trust fund at

622

a level considered necessary for proper accountability. Once an

623

account is established within a trust fund, the Chief Financial

624

Officer may authorize payment from that account only upon

625

determining that there is sufficient cash and releases at the

626

level of the account.

627

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

628

extent possible, each agency shall use the following trust funds

629

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

630

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

631

depository for funds to be used for program operations funded by

632

program revenues, with the exception of administrative activities

633

when the operations or operating trust fund is a proprietary

634

fund.

635

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

636

depository for client services funded by third-party payors.

637

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

638

funds to be used for management activities that are departmental

639

in nature and funded by indirect cost earnings and assessments

640

against trust funds. Proprietary funds are excluded from the

641

requirement of using an administrative trust fund.

642

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

643

for funds to be used for allowable grant or donor agreement

644

activities funded by restricted contractual revenue from private

645

and public nonfederal sources.

646

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

647

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

648

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

649

funds to account for collections pending distribution to lawful

650

recipients.

651

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

652

funds to be used for allowable grant activities funded by

653

restricted program revenues from federal sources.

654

655

To the extent possible, each agency must adjust its internal

656

accounting to use existing trust funds consistent with the

657

requirements of this subparagraph. If an agency does not have

658

trust funds listed in this subparagraph and cannot make such

659

adjustment, the agency must recommend the creation of the

660

necessary trust funds to the Legislature no later than the next

661

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

662

215.3206.

663

3. All such moneys are hereby appropriated to be expended

664

in accordance with the law or trust agreement under which they

665

were received, subject always to the provisions of chapter 216

666

relating to the appropriation of funds and to the applicable laws

667

relating to the deposit or expenditure of moneys in the State

668

Treasury.

669

4.a. Notwithstanding any provision of law restricting the

670

use of trust funds to specific purposes, unappropriated cash

671

balances from selected trust funds may be authorized by the

672

Legislature for transfer to the Budget Stabilization Fund and

673

General Revenue Fund in the General Appropriations Act.

674

b. This subparagraph does not apply to trust funds required

675

by federal programs or mandates; trust funds established for bond

676

covenants, indentures, or resolutions whose revenues are legally

677

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

678

financial requirements of any debt obligations of the state or

679

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

680

fund containing the net annual proceeds from the Florida

681

Education Lotteries; the Florida Retirement System Trust Fund;

682

trust funds under the management of the State Board of Education

683

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

684

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

685

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

686

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

687

accounts for the Chief Financial Officer or state agencies; trust

688

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

689

capacity as an agent or fiduciary for individuals, private

690

organizations, or other governmental units; and other trust funds

691

authorized by the State Constitution.

692

Section 30. Any section of this act which implements a

693

specific appropriation or specifically identified proviso

694

language in the act making appropriations for the 2008-2009

695

fiscal year is void if the specific appropriation or specifically

696

identified proviso language is vetoed. Any section of this act

697

which implements more than one specific appropriation or more

698

than one portion of specifically identified proviso language in

699

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

700

void if all the specific appropriations or portions of

701

specifically identified proviso language are vetoed.

702

Section 31. If any other act passed in 2008 contains a

703

provision that is substantively the same as a provision in this

704

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

705

repeal applied to such provision by this act, the Legislature

706

intends that the provision in the other act shall take precedence

707

and shall continue to operate, notwithstanding the future repeal

708

provided by this act.

709

Section 32. If any provision of this act or its application

710

to any person or circumstance is held invalid, the invalidity

711

does not affect other provisions or applications of the act which

712

can be given effect without the invalid provision or application,

713

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

714

Section 33. Except as otherwise expressly provided in this

715

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

716

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

717

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

718

2008.

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